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Chapter 24-12 WAC

Last Update: 10/2/24

ASSESSMENTS

WAC Sections

HTMLPDF24-12-001Promulgation.
HTMLPDF24-12-010Amount of assessments.
HTMLPDF24-12-011Referendum mail ballot voting eligibility.
HTMLPDF24-12-012Collection of accounts.
HTMLPDF24-12-060Records.
HTMLPDF24-12-070Seal.
HTMLPDF24-12-080Effect of law.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
24-12-020Apple advertising stamps. [Order 3, § 24-12-020, filed 8/28/72; Regulation No. 3, filed 1/26/67; Regulation No. 3, effective 9/29/61.] Repealed by Order 6, filed 11/14/77.
24-12-030Stamp books. [Order 3, § 24-12-030, filed 8/28/72; Regulation No. 4, filed 11/26/67; Regulation No. 4, effective 9/29/61.] Repealed by Order 6, filed 11/14/77.
24-12-040Bills of lading and releases. [Regulation No. 5, filed 1/26/67; Regulation No. 5, effective 9/29/61.] Repealed by Order 6, filed 11/14/77.
24-12-050Reports. [Regulation No. 6, filed 1/26/67; Regulation No. 6, effective 9/29/61.] Repealed by Order 6, filed 11/14/77.
24-12-090Collection of assessments. [Order 6, § 24-12-090, filed 11/14/77.] Repealed by WSR 84-20-002 (Order 16), filed 9/20/84. Statutory Authority: RCW 15.24.070(1).

PDF24-12-001

Promulgation.

Under and by virtue of chapter 15.24 RCW as amended and chapter 11, Laws of 1961, the Washington apple commission does hereby adopt and prescribe the following amended and restated rules.
[Statutory Authority: Chapters 15.24 and 34.05 RCW. WSR 09-19-074, § 24-12-001, filed 9/16/09, effective 10/17/09; Promulgation, filed 1/26/67; Promulgation, effective 9/29/61.]


PDF24-12-010

Amount of assessments.

(1) There is hereby levied upon all fresh apples grown annually in this state, and upon all apples packed as Washington apples, including fresh sliced, an assessment of eight and seventy-five one-hundredths cents per one hundred pounds of apples, based on net shipping weight or reasonable equivalent net product assessment measurement as determined by the commission.
(2) Assessments shall be payable as provided in WAC 24-12-012, whether in bulk or loose in boxes or any other container, or packed in any style package. The net shipping weights for the following containers shall apply for the purpose of computing the assessments:
DESCRIPTION OF CONTAINER
NET SHIPPING WEIGHT RANGE
Tray Carton
37-52 lbs.
 
Cell Carton
37-52 lbs.
 
1 Layer Carton AKA Euro Carton
10-15 lbs.
 
2 Layer Carton AKA Euro Carton
20-30 lbs.
 
3 Layer Carton AKA Euro Carton
30-40 lbs.
 
Euro Carton 1-3 Layers
10-45 lbs.
 
Master Carton (Bags in Box/Clamshell)
13-45 lbs.
 
Master Bin (Bags in Bin/Clamshell)
300-600 lbs.
 
Bin (Loose/Jumble/Bulk)
500-950 lbs.
 
Loose Carton (Jumble/Bulk)
8-40 lbs.
 
Carton (2/3 Bushel)
25-40 lbs.
 
1/2 Carton
18-25 lbs.
 
1/3 Bushel Carton
10-15 lbs.
 
Overwrap Carton
30-40 lbs.
 
RPC Tray Carton
37-52 lbs.
 
RPC Master Carton
25-45 lbs.
 
[Statutory Authority: RCW 15.24.070, 15.24.090, 42.56.040 and chapter 34.05 RCW. WSR 19-24-098, § 24-12-010, filed 12/4/19, effective 1/4/20. Statutory Authority: Chapters 15.24 and 34.05 RCW. WSR 09-19-074, § 24-12-010, filed 9/16/09, effective 10/17/09. Statutory Authority: Chapter 15.24 RCW. WSR 00-23-064, § 24-12-010, filed 11/15/00, effective 12/16/00. Statutory Authority: Chapter 15.24 RCW and 1997 c 303. WSR 98-18-060 and 98-21-048, § 24-12-010, filed 8/31/98 and 10/15/98, effective 10/1/98. Statutory Authority: RCW 15.24.070(1). WSR 86-21-088 (Order 19), § 24-12-010, filed 10/17/86; WSR 84-20-002 (Order 16), § 24-12-010, filed 9/20/84; WSR 82-20-073 (Order 13), § 24-12-010, filed 10/6/82. Statutory Authority: RCW 15.24.070(1) and 15.24.090. WSR 81-16-011 (Order 9), § 24-12-010, filed 7/27/81. Statutory Authority: RCW 15.24.070(1). WSR 79-04-045 (Order 8), § 24-12-011 (codified as WAC 24-12-010), filed 3/27/79, effective with the 1979 and subsequent crops of apples; WSR 78-07-030 (Order 7), § 24-12-010, filed 6/16/78, effective 9/1/78; Order 6, § 24-12-010, filed 11/14/77; Order 1, § 24-12-010, filed 9/19/69; Regulation No. 2, filed 1/26/67; Regulation No. 2, effective 9/29/61.]


PDF24-12-011

Referendum mail ballot voting eligibility.

(1) In the conduct of a referendum mail ballot pursuant to the provisions of RCW 15.24.090 the commission shall require that each returned ballot be accompanied by a completed apple grower eligibility certificate in substantially the following form:
WASHINGTON APPLE COMMISSION
APPLE GROWER ELIGIBILITY CERTIFICATE
(Note:
All appropriate spaces on this certificate must be completed to properly qualify your vote.)
i hereby certify that:
1.
My name and address are as follows (please print):
 
Name: . . . .
 
Mailing Address: . . . .
 
Orchard Address: . . . .
 
City: . . . .
State: . . . .
2.
I am qualified to vote for one of the following reasons (please check the appropriate space):
 
a . . . . .
I am an individual owner-operator or an individual lessee-operator of commercially producing apple orchard/orchards.
 
b . . . . .
I am a member of and have been designated to cast the single ballot for (please fill in name), a partnership, joint venture or corporation owning/leasing and operating commercially producing apple orchard/orchards.
3.
I take my fresh apple crop to the following dealer organizations to pack/ship my fruit. (Please list all that apply to this orchard.)
 
By signing this certificate, I grant the commission permission to contact dealer(s) listed above to verify total net lbs. fresh apples shipped in the two prior crop years.
 
. . . .
Signature of Voter
 
Name (print). . . .
 
Date . . . .
Note:
A completed apple grower eligibility certificate must accompany each ballot.
(2) The commission shall contact each dealer listed on the apple grower eligibility certificate to verify total net lbs. fresh apples shipped in the last two crop years by voting grower.
(3) The commission and the director of the department of agriculture may, in counting and validating ballots, rely on and accept the representations of eligibility to vote and the representations of total net lbs. fresh apples shipped by grower as certified by dealer.
(4) Apple growers entitled to vote in a referendum mail ballot pursuant to the provisions of RCW 15.24.090 are defined to be each grower who operates a commercial producing apple orchard, whether an individual proprietor, partnership, joint venture, or corporation, being entitled to one vote. As to bona fide leased or rented orchards, only the lessee-operator, if otherwise qualified, shall be entitled to vote. Individual commercial orchard operator, if otherwise qualified, shall be entitled to vote as such, even though the commercial orchard operator is also a member of a partnership or corporation that votes for other apple acreage.
(5) A commercial producing apple orchard means an apple orchard currently producing or growing apples in sufficient quantity so that the apples are or will be marketed through prevailing commercial channels and are or will be subject to assessment pursuant to the provisions of chapter 15.24 RCW.
[Statutory Authority: RCW 15.24.073, 43.01.160, and 43.23.025. WSR 24-20-145, s 24-12-011, filed 10/2/24, effective 11/2/24. Statutory Authority: RCW 15.24.070, 15.24.090, 42.56.040 and chapter 34.05 RCW. WSR 19-24-098, § 24-12-011, filed 12/4/19, effective 1/4/20. Statutory Authority: Chapters 15.24 and 34.05 RCW. WSR 09-19-074, § 24-12-011, filed 9/16/09, effective 10/17/09. Statutory Authority: RCW 15.24.070(1). WSR 82-17-036 (Order 11), § 24-12-011, filed 8/12/82.]


PDF24-12-012

Collection of accounts.

(1) The commission shall obtain from the department of agriculture a record of all shipments of fresh apples, including fresh apples designated for slices, and shall from this record periodically invoice all apple dealers and handlers shown thereon for assessments on apples levied pursuant to WAC 24-12-010. The date of the invoice shall be known as the billing date.
(2) If the assessments are not paid within thirty-five days from the billing date, a notice of delinquency shall be sent to the dealer or handler involved, requesting them to bring their account current within ten days from the date of the letter. At forty-five days from the billing date, a second notice of delinquency shall be sent to the dealer with a copy to the regional inspection office of the department of agriculture. The notice shall state that if the delinquent assessments are not paid within sixty days from the billing date, the department of agriculture will notify the dealer or handler involved that the department of agriculture will deny service if the account is not paid in full within the next thirty days. The notice shall also advise that if the delinquent assessments are not paid within ninety days from the billing date, the inspection service may be withdrawn.
Once withdrawn, inspection service will be reinstated only upon mutual agreement of the department of agriculture and the commission and after all delinquent assessments have been paid.
(3) If assessments are not paid within forty-five days of the billing date, the commission reserves the right to charge interest at the maximum legal rate, not to exceed one and one-half percent per month, and in case of suit to collect the delinquent assessments, the prevailing party shall, in addition to any other relief granted, be allowed an attorneys fee in such amount as the court in its discretion deems reasonable, together with costs of suit.
[Statutory Authority: RCW 15.24.070, 15.24.090, 42.56.040 and chapter 34.05 RCW. WSR 19-24-098, § 24-12-012, filed 12/4/19, effective 1/4/20. Statutory Authority: Chapters 15.24 and 34.05 RCW. WSR 09-19-074, § 24-12-012, filed 9/16/09, effective 10/17/09. Statutory Authority: RCW 15.24.070(1). WSR 86-01-082 (Order 17), § 24-12-012, filed 12/18/85; WSR 84-20-002 (Order 16), § 24-12-012, filed 9/20/84.]


PDF24-12-060

Records.

Every dealer and handler shall keep a complete and accurate record of all apples handled and shipped. Such records shall be preserved for a period of two years and shall be subject to audit and offered for examination at any reasonable time when official request is made by an authorized representative of the commission.
[Order 3, § 24-12-060, filed 8/28/72; Regulation No. 7, filed 1/26/67; Regulation No. 7, effective 9/29/61.]


PDF24-12-070

Seal.

The seal of the commission shall be circular in form and contain the following inscription: "washington apple commission seal."
[Statutory Authority: Chapters 15.24 and 34.05 RCW. WSR 09-19-074, § 24-12-070, filed 9/16/09, effective 10/17/09; Regulation No. 8, filed 1/26/67; Regulation No. 8, effective 9/29/61.]


PDF24-12-080

Effect of law.

These revised rules, as provided in the act, have the force and effect of law, and any person who shall violate or aid in the violation of any of these rules is in violation of Washington state law and is guilty of a misdemeanor. These rules hereby repeal and supersede all previous rules. Definitions of terms in the act are applicable to these rules.
[Statutory Authority: Chapters 15.24 and 34.05 RCW. WSR 09-19-074, § 24-12-080, filed 9/16/09, effective 10/17/09; Regulation No. 1, filed 1/26/67; Regulation No. 1, effective 9/29/61.]
Reviser's note: "The act," see WAC 24-12-001.