"Business day" means Monday through Friday, excluding state holidays.

"AMS, FGIS" means the United States Department of Agriculture, Agricultural Marketing Service, Federal Grain Inspection Service.

"Department" means the Washington state department of agriculture.

"Federal fiscal year" means October 1st through September 30th for USDA, AMS, FGIS.

"Fee" means any charge made by the department for:

(1) Inspecting and handling any commodity; or

(2) Any service related to weighing or storing grains or commodities.

"Fiscal year" means July 1st through June 30th for the state of Washington.

"Metric ton" means two thousand two hundred four and six-tenths pounds.

"Minimum operating fund balance" or "MOFB" means six months of grain inspection program operating expenses to ensure stable service delivery, meet future needs, and protect against financial instability. The factors that the department considers when setting the annual MOFB under WAC 16-240-043 include the projected program staff salary and benefits; costs of the program's goods and services, including transportation; costs associated with the department's administrative support of the program; and any additional costs associated with program oversight by USDA/FGIS.

"Official commercial inspection services" means a contractual agreement between the applicant and the department for services specified by the applicant that will be provided at an applicant's facility.

"Revenue minimum" means the amount of revenue that must be collected by the department to offset expenses. In order to act as an official inspection agency under the United States Grain Standards Act and the Agricultural Marketing Act of 1946, the program must collect revenue to offset expenses. The grain inspection program is supported entirely by the fees it generates from the services it provides as required by RCW 22.09.790. The circumstances under which charges occur to collect the revenue minimum are stated in WAC 16-240-038.

"Service point" means the Washington state department of agriculture offices and surrounding service areas authorized by the Federal Grain Inspection Service to provide sampling, inspecting, weighing, and certification services.

"Shift" means an established period of staffing for up to twelve hours at transloading facilities or up to eight hours at export port or domestic service point locations. Service requests in excess of the established period would require requesting an additional shift. Any work beyond the established shift period constitutes an additional shift.

"Unstaffed export locations" means a facility that does not have a permanent staffing request in place for day, night, swing, or graveyard shifts.

"USDA" means the United States Department of Agriculture.

The offices located in the following cities are service points for providing sampling, inspecting, weighing, and certification services.

(1) Service points:

(a) Colfax.

(b) Kalama (North).

(c) Kalama (South).

(d) Longview.

(e) Olympia.

(f) Quincy.

(g) Seattle.

(h) Spokane.

(i) Tacoma.

(j) Vancouver.

(2) Aberdeen has been delegated to Washington state as a service point by the Federal Grain Inspection Service. Services for Aberdeen are as follows:

(a) Services for Aberdeen may be requested through the Tacoma grain inspection office.

(b) Travel time and mileage will be charged from Tacoma to Aberdeen for all services requested at Aberdeen until a permanent staff is established.

(3) Inspection points may be added or deleted within the department's delegated and designated service area.

Commodities covered under chapter 22.09 RCW and this chapter with respect to sampling, inspection, weighing, and quality or constituent determinations include all:

(1) Grains with standards or inspection criteria established under the United States Grain Standards Act;

(2) Commodities with standards or inspection criteria established under the Agricultural Marketing Act;

(3) Commodities with standards or inspection criteria established under Washington state standards; and

(4) By-products resulting from conditioning or processing the grains and commodities listed in this section.

Washington state adopts the following grades and standards:

(1) The grades and standards established by the United States Department of Agriculture from August 1, 1984, and as subsequently amended, that apply to all grains and commodities regulated by this chapter.

(2) The procedures to sample, grade, test and weigh grains and commodities, established by the regulations and instructions under the United States Grain Standards Act and the Agricultural Marketing Act of 1946, and as subsequently amended.

An applicant must place a service request in order to ensure staffing:

(1) Service requests must be received by the inspection office by 2:00 p.m. of the last business day before the requested service.

(a) The notification requirement allows the department to secure adequate staffing to supply the requested service and to accommodate leave or adjust staffing for anticipated workloads.

(b) The notification requirement applies even if there is permanent staffing at the location (see WAC 16-240-036).

(c) Failure to meet the notification requirement may result in denial of service.

(2) Service requests beyond the office's usual scope or volume will be provided only if adequate numbers of qualified employees are available.

(3) The department reserves the right to determine the number of personnel necessary to provide the requested service.

An applicant may request the department to establish permanent staffing on shifts using the application issued by the department:

(1) Requests for permanent staffing must be submitted to the department by July 5th for permanent staffing to be established that year. For FY 2025, the department will accept requests until September 5, 2024.

(a) Requests for permanent contract staffing of any night, swing or graveyard shift will be deemed to include a request for permanent contract staffing of the day shift.

(b) The requested shift(s) will be established if the department has an adequate number of trained personnel and the applicant and the department execute a permanent contract.

(2) When the department is able to staff the permanent night, swing, or graveyard shift(s) requested by the applicant, the overtime rate established under WAC 16-240-048 will be waived for the requested shift(s). Permanent staffing contracts will establish the billing structure for permanent staffing.

(3) Permanent staffing contracts lapse one year from the date that service is to commence under the agreement unless the contract is properly renewed by the applicant by sufficient written notice consistent with the terms of the permanent staffing contract.

(a) Termination requests must be received, in writing, at least 60 days before the termination may be effective, unless the parties mutually agree to an earlier termination date.

(b) Applicants will be charged for any shifts established in the permanent staffing contract until the termination notice period has expired.

The circumstances under which the department adjusts rates to meet the revenue minimum are as follows:

(1) When the daily volume of work at a service location at the established fees does not generate revenue at least equal to the straight time hourly rate per hour, per employee, a sufficient additional amount, calculated by using the straight time hourly rate per hour, per employee, will be added to the established fee amount to meet the revenue minimum, except as provided in subsection (2) of this section.

(2) The daily revenue minimum charge applies only to the Tier 1, Tier 2, and emergency tier metric tonnage rate shown in WAC 16-240-070 (2)(b) at USGSA Table 1 and in WAC 16-240-080 (2)(b) at AMA Table 1. When the Tier 3 rate is in effect (WAC 16-240-043, 16-240-070, and 16-240-080), export locations will not be subject to daily revenue minimum charges during the Tier 3 rate period allowed under WAC 16-240-043.

(3) Work volume daily averaging at export locations will be determined as follows:

(a) When the daily volume of work at a service location at the established fees does not generate revenue equivalent to the straight time hourly rate per hour, per employee, including applicable supervisory and clerical employee hours, according to the staffing needs at the facility, the department will charge an additional fee, except as provided in subsection (2) of this section.

(b) The straight time hourly rate will be charged per hour, per employee.

(c) Service cancellation fees, WAC 16-240-054, are not considered to be revenue under daily averaging.

(4) Work volume monthly averaging at export locations will be determined as follows:

(a) When the applicant has requested the department to establish one or more permanent shifts, the applicant may request, in writing, that the revenue minimum required for staffing at the location be determined based on the completed invoices for the calendar month, instead of paying the fees for daily volume of work.

(b) Under this subsection (4), and except for when the work volume monthly averaging for the revenue minimum is determined under (a) of this subsection, when the monthly volume of work at the established fees does not generate revenue equivalent to the contract/noncontract straight time hourly rate per hour, per employee, including applicable supervisory and clerical employee hours, according to the staffing needs at the facility, a sufficient additional amount, calculated by using the contract/noncontract straight time hourly rate per hour, per employee, will be added to the established fee amount to meet the revenue minimum for each month during which work volume monthly averaging applies. As provided under (e) of this subsection, this revenue minimum adjustment applies only during any month when Tier 1, Tier 2, and emergency tier rates are in effect.

(c) At export locations, the request for monthly averaging stays in effect until canceled.

(d) Service cancellation fees under WAC 16-240-054 are not considered to be revenue under monthly averaging.

(e) The monthly revenue minimum charge applies only to the Tier 1, Tier 2, and emergency tier rate shown in USGSA Table 1 under WAC 16-240-070 (2)(b) and AMA Table 1 under WAC 16-240-080 (2)(b) of this schedule. When the Tier 3 rate is in effect, export locations will not be subject to daily revenue minimum charges during the Tier 3 rate period allowed under WAC 16-240-043.

When the department provides services at a nonexport location or a transloading facility, and the hourly, unit, and applicable travel fees do not cover the cost of providing the service, a sufficient additional amount calculated by using the travel straight time hourly rate per hour, per employee, will be added to the established fee amount to meet the revenue minimum.

The United States Department of Agriculture (USDA), Agricultural Marketing Service (AMS), Federal Grain Inspection Service (FGIS) charges a per metric ton administrative and supervision fee for export and other grain handled by facilities in the Washington state department of agriculture service area.

(1) FGIS administrative tonnage fees. In addition to all other applicable fees, FGIS administrative tonnage fees for export grain shipments inspected and/or weighed, excluding land carrier shipments to Canada and Mexico, will be assessed at the current per metric ton rate identified in FGIS Directive 9180.74 Service Fees and Billing Codes, Attachment 1. Invoices will identify assessed administrative tonnage fees as separate line items per applicable carrier/unit type.

(2) FGIS supervision fees. In addition to all other applicable fees, FGIS supervision fees for domestic U.S. grain shipments inspected and/or weighed, including land carrier shipments to Canada and Mexico, will be assessed at the current per metric ton rate identified in FGIS Directive 9180.74 Service Fees and Billing Codes, Attachment 2. Invoices will identify assessed supervision fees as separate line items per applicable carrier/unit type.

(3) Commodity cooperative service agreement fees. In addition to all other applicable fees, commodity cooperative service agreement fees for commodity inspection services (pulses, hops, and miscellaneous processed commodities), excluding rice, will be assessed at the current percentage rate identified in FGIS Directive 9180.74 (Service Fees and Billing Codes, Attachment 4.) The assessed fees must exclude travel, mailing expenses, and state and local taxes. Invoices will identify assessed commodity cooperative service agreement fees as separate line items.

(4) AMA rice cooperative service agreement fees. In addition to all other applicable fees, AMA rice cooperative service agreement fees for rice inspection services will be assessed at the current percentage rate identified in FGIS Directive 9180.74 (Service Fees and Billing Codes, Attachment 3.) The assessed fees must exclude travel, mailing expenses, and state and local taxes. Invoices will identify assessed AMA rice cooperative service agreement fees as separate line items.

The department may provide on-site official commercial inspection services, at the applicant's request, when all of the following conditions are met:

(1) As applicable under 7 C.F.R. § 800.46, appropriate space and security must be provided by the applicant.

(2) The applicant must provide a written document fully describing the services requested so the department can determine appropriate staffing levels and develop a guarantee of expenses proposal.

(3) The department must be able to provide appropriate licensed personnel to accomplish the service requested.

(4) An adequate provision for fees is negotiated.

(1) All department fees and charges for services rendered are due within thirty days of the statement date. Interest at the rate of one percent per month, or fraction thereof, shall accrue on any balance owed after thirty days of the statement date.

(2) If the department does not receive payment within thirty days:

(a) The department may withhold services until the delinquent account is paid; and

(b) The department may require the customer to prepay for subsequent services.

The department shall establish the minimum operating fund balance amount on the first business day of July each year.

(1) At the time the minimum operating fund balance amount is established, if the fund balance is above the new minimum operating fund balance amount by at least 10 percent, the metric ton vessel rate and the approved automated weighing system rate per metric ton under WAC 16-240-070 (2)(b) at USGSA Table 1 shall be the next lower tier rate beginning August 1st of that year, and the metric ton vessel rate and the approved automated weighing systems rate per metric ton under WAC 16-240-080 (2)(b) at AMA Table 1 shall be the next lower tier rate beginning August 1st of that year.

(2) At the time the minimum operating fund balance amount is established, if the fund balance is below the new minimum operating fund balance by at least 10 percent, the metric ton vessel rate and the approved automated weighing systems rate per metric ton under WAC 16-240-070 (2)(b) at USGSA Table 1 shall be the next higher tier rate beginning August 1st of that year, and the metric ton vessel rate and the approved automated weighing systems rate per metric ton under WAC 16-240-080 (2)(b) at AMA Table 1 shall be the next higher tier rate beginning August 1st of that year.

(3) If after three months at the Tier 2 rate the fund balance is not reduced to or projected by the department to achieve reduction to the minimum operating fund balance within the following six months, the metric ton vessel rate and approved automated weighing system rate per metric ton under WAC 16-240-070 (2)(b) at USGSA Table 1 shall be the Tier 3 rate beginning the first day of the following month, and the metric ton vessel rate and the approved automated weighing systems rate per metric ton under WAC 16-240-080 (2)(b) at AMA Table 1 shall be the Tier 3 rate beginning the first day of the following month.

(4) In the event that the fund balance drops below one-half of the determined six-month operating fund balance any time during the fiscal year, the Emergency Tier (EM) and Automated Emergency Tier (AEM) will be implemented the 1st of the following month. When the fund balance returns to the determined six-month operating fund balance, Tier 2 will be implemented on the first of the following month.

(5) The department may review the status of the minimum operating fund balance any month during each fiscal year. On the first business day of the month following such review, if the fund balance is above the minimum operating balance by at least 10 percent, the next lower tier rate under this section shall apply. If the fund balance is below the minimum operating fund balance by at least 10 percent, the next higher tier rate under this section shall apply. Any change in the rates required under this subsection shall take effect beginning the first day of the following month. The department shall give notice of any rate change as provided under subsection (6) of this section.

(6) The department shall post notice of each year's current minimum operating fund balance amount on the department's website within three business days of the date in July when that amount is established under this section.

(7) The department shall post notice of the rates established under subsections (1) through (5) of this section on the department's website within three business days of the date the department determines the rates. The posted notice shall identify the rate for each affected category of service and the date each rate takes effect. Notice is not required to be posted when an established rate does not change following review under this section.

(8) By email or other means, the department may provide optional additional notice to current customers and to any other interested persons of the minimum operating fund balance established under this section and notice of any rates established or changed under subsections (1) through (5) of this section. Such optional additional notice should be given within the same times as the required notices under subsections (6) and (7) of this section. This subsection (8) shall not affect the validity of any rates established or changed under this section.

The United States Department of Agriculture, Agricultural Marketing Service, Federal Grain Inspection Service (USDA, AMS, FGIS) has delegated official scale testing and scale authorization authority to the department.

(1) The USDA, AMS, FGIS scale authorization fee established in WAC 16-240-060, per hour, per employee is charged when USDA, AMS, FGIS scale authorization services are performed.

(2) In addition to the hourly USDA, AMS, FGIS scale authorization fee; the department may charge travel time at the scale authorization hourly rate, mileage beyond 10 miles from the scale specialist's assigned office location, per diem, or overtime, if applicable.

(3) All scales in Washington state under USDA, AMS, FGIS jurisdiction must comply with the following testing requirements:

(a) Scales must be tested and certified for accuracy at least twice each year by an authorized Washington state department of agriculture scale specialist or a USDA, AMS, FGIS scale specialist.

(b) When tested by the department or by USDA, AMS, FGIS, a seal must be placed on the scales. This seal must be dated and must indicate approval or rejection.

(c) When scales are tested, copies of the test report must be:

(i) Forwarded to USDA, AMS, FGIS;

(ii) Maintained by the department; and

(iii) Maintained at the facility where the scale is located.

(4) The scale authorization fee is charged in one-half hour increments.

The department will charge the straight time hourly rate per hour, per employee, including applicable supervisory and clerical employee hours, as cited below.

(1) An hourly rate is specified in the schedule of fees adopted under this chapter.

(2) No other straight time hourly rate is established in the schedule of fees under this chapter.

(3) The revenue minimum under WAC 16-240-038 may apply.

(4) No contractual agreement supersedes the straight time rate other than for official commercial inspection services provided under WAC 16-240-040.

(5) The straight time hourly rate is charged in one-half hour increments.

In addition to regular inspection and weighing fees and any applicable hourly rate, the department will charge the overtime rate per hour, per employee, including applicable supervisory and clerical employee hours, when a service is requested:

(1) Anytime on Saturdays, Sundays, or holidays.

(2) Before or after regularly scheduled office hours, Monday through Friday, except as provided in WAC 16-240-036 for an established permanent staffing contract.

(3) During established meal periods on any shift.

(4) For services requested at unstaffed export locations.

(5) Overtime is charged in one-half hour increments.

The rules for charging travel time, mileage, and per diem are as follows:

(1) Travel time: When department personnel perform services at locations other than service points, the applicant, in addition to the fee for the service performed, must pay the department for travel time as follows:

(a) Travel time for each department employee from the established service location to the inspection point and return at the hourly rates in effect at the time the service is performed; except

(b) Travel time for scale authorization is charged from the scale specialist's assigned office location to the scale location and return at the hourly scale authorization rate shown in WAC 16-240-060, USGSA—AMA—WSDA Table 1.

(2) Mileage: Mileage will be charged to inspection locations beyond ten miles from a service point location. Mileage will be charged from the service point location to the inspection point and return.

(a) For scale authorization services on scales located beyond ten miles from the scale specialist's assigned office location, mileage will be charged from the scale specialist's assigned office location to the scale location and return.

(b) Mileage will be prorated among applicants when multiple service stops can be scheduled during a single service trip.

(c) The mileage rate is charged according to the state of Washington office of financial management private vehicle mileage reimbursement rate in effect at the time the service is performed.

(3) Per diem: Per diem may be charged when an employee is required to travel to provide services. The charge will be at the rate established by the state of Washington office of financial management that is in effect at the time the service is performed.

(1) The following rules apply for fees for stowage examination services on vessels or ocean-going barges.

(a) 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.

(b) The applicant is responsible for securing licensed tug or water taxi to provide safe transportation to and from the anchor point.

(c) Two vessel or ship's agent representatives will accompany each WSDA inspector performing stowage examination services.

(d) In addition to the fee in USGSA Table 8 under WAC 16-240-070 (2)(b), the department may charge, as applicable, the following fees:

• WAC 16-240-048 (rates outside of established business hours);

• WAC 16-240-050 (travel, mileage beyond ten miles, per diem);

• WAC 16-240-054 (service cancellation fee).

(2) The following rules apply for fees for other stowage examination services:

(a) Fees for stowage examination services will not be charged when official sampling and inspection occurs at the time of loading or when official check loading is performed, unless the applicant requests an official stowage examination certificate.

(b) The stowage examination requirement associated with service at the time of loading may be waived in accordance with USDA, AMS, FGIS Directive 9020.1, available from United States Department of Agriculture, Agricultural Marketing Service, Federal Grain Inspection Service.

(c) The applicant is responsible for assuring stowage space is readily accessible to inspection personnel.

A service cancellation fee applies when service is requested and then canceled.

(1) When an applicant requests a shift to provide service before or after the inspection office's established hours, a cancellation fee applies as follows:

(a) When a service is requested before or after an office's standard Monday through Friday shifts, or anytime on Saturdays, Sundays, or holidays; and

(b) The requested service is canceled after 2:00 p.m. of the last business day before the requested service; then

(c) A service cancellation fee according to WAC 16-240-060, Table 1, will be charged per employee scheduled.

(2) When service is requested for a vessel inspection, a cancellation fee applies as follows:

(a) When a vessel inspection is requested and then canceled after 2:00 p.m. of the last business day before the requested service; and

(b) The service cancellation fee will be charged per employee scheduled to inspect the vessel.

(3) When a facility has an approved permanent staffing request letter in place for the day, night, swing, or graveyard shift, the department waives the cancellation fee for the permanently staffed shift.

The department provides administrative and consultation services and related assistance to an applicant for service that is establishing a new facility or renovating an existing facility when those services can be provided within the department's established staffing and normal course of business. When dedicated staff time is required to assist an applicant for service to establish or renovate a facility, the following fees apply.

(1) When dedicated staff time is required by an applicant for service to establish or renovate a facility, the department will charge the applicable hourly rates established in WAC 16-240-060.

(2) When dedicated staff time is required to add automated systems to a facility or to resolve systems installation or operation issues, the department will charge the applicable hourly rates established in WAC 16-240-060.

(3) When dedicated staff time is required, the department will charge the applicable travel fees established in WAC 16-240-050.

USGSA—AMA—WSDA Table 1 contains fees for USDA, AMS, FGIS scale authorization, contract straight-time hourly rate, noncontract hourly rate, contract overtime hourly rate, noncontract overtime hourly rate, travel hourly rate, and service cancellation fees for services performed under the United States Grain Standards Act, the Agricultural Marketing Act of 1946, and Washington state rule.

(1) USGSA Tables 1 through (8) in this section contain fees for official sampling, inspection, weighing services, and fees for other associated services under the United States Grain Standards Act (USGSA). Services available include inspection, sampling, testing, weighing, laboratory analysis, and certification.

(2) Fees that are not otherwise provided for in this chapter for services under the United States Grain Standards Act are described below.

(a) Fees for other services under the United States Grain Standards Act not specifically cited in WAC 16-240-070 are provided at the rates contained in WAC 16-240-080 or 16-240-090 or at the published rates of the laboratory or organization providing the official service or analysis. The program will require the applicant for service to provide advance consent to the rate for any service necessary to be performed at an external laboratory or organization.

(b) An applicant may be required to provide the necessary supplies and equipment when requesting a new or special type of analysis.

(1) AMA Tables 1 through 5 in this section contain official sampling, inspection, or weighing services and fees for other services under the Agricultural Marketing Act of 1946 (AMA). Services available include inspection, sampling, testing, weighing, laboratory analysis, and certification.

(2) Fees that are not otherwise provided for in this chapter for services under the Agricultural Marketing Act of 1946 are described below.

(a) Fees for other services under the Agricultural Marketing Act of 1946 not contained in WAC 16-240-080 are contained in WAC 16-240-070 or 16-240-090 or at the published rates of the laboratory or organization providing the official service or analysis.

(b) An applicant may be required to provide the necessary supplies or equipment when requesting a new or special type of analysis.

(1) WSDA Tables 1 through 3 in this section contain fees for other services performed at the request of the applicant when no USGSA or AMA standards exist. Services available include inspection, sampling, testing, weighing, laboratory analysis, and certification.

(2) Applicant-defined analysis may be available from the department.

(a) Hourly fees for sampling or sample preparation may be charged.

(b) The analysis will be provided at the established hourly rate or may be provided at the cost quoted by the laboratory or organization providing the service or analysis.

(c) Applicant may be required to provide supplies and equipment when requesting a new analysis or special service.

(3) Official samples, as defined under 7 C.F.R. 800.75, may be provided upon timely request by an interested party, specifying the number of samples requested. Samples are provided in up to five pound bags and are charged the fee stated in Table 3.