Title 24 WAC — Apple Commission

Chapter 24-04 Districts and voting.

Wash. Admin. Code § 24-04-005 Addition to Okanogan County subdivision.

The northerly portion of Douglas County lying north of the southern boundary line of Township 29 North is hereby added to the Okanogan County subdivision. At least one grower member of the commission shall at all times be a resident of the said Okanogan County subdivision as hereby enlarged.

History

• Regulation 9, filed 1/26/67
• Regulation 9, filed 6/24/63.

Wash. Admin. Code § 24-04-010 Subdivisions of District No. 1.

Two subdivisions of District No. 1, to be known as the northern subdivision and the southern subdivision thereof, are hereby established, and the boundary line between them shall be as follows: Proceeding southeasterly along the summit of the Chelan Mountains (situated west and south of Lake Chelan) to the summit of Forest Mountain; thence south to the intersection of the north line of Section 26, Township 27 North, Range 21 E.W.M. extended westerly; thence east along the said extended line to the northeast corner of said Section 26; thence south along the east line of said Section 26 extended southerly and crossing the Columbia River west of the town of Maple Creek to an intersection with the boundary line between Townships 25 and 26 North; thence east along the said township boundary line to the easterly boundary of Douglas County.

There shall be two grower members of the commission who reside in and are elected by apple growers residing in the said northern subdivision of District No. 1, at least one of whom shall reside in the said Okanogan County subdivision as enlarged in the foregoing regulation. There shall be two grower members of the commission who reside in and are elected by apple growers residing in the said southern subdivision of District No. 1.

History

• Regulation 10, filed 1/26/67
• Regulation 10, filed 6/24/63.

Chapter 24-12 Assessments.

Wash. Admin. Code § 24-12-001 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.

History

• 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.

Wash. Admin. Code § 24-12-010 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:

History

• 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.

Wash. Admin. Code § 24-12-011 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

(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.

History

• 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.

Wash. Admin. Code § 24-12-012 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.

History

• 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.

Wash. Admin. Code § 24-12-060 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.

History

• Order 3, § 24-12-060, filed 8/28/72
• Regulation No. 7, filed 1/26/67
• Regulation No. 7, effective 9/29/61.

Wash. Admin. Code § 24-12-070 Seal.

The seal of the commission shall be circular in form and contain the following inscription: "washington apple commission seal."

History

• 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.

Wash. Admin. Code § 24-12-080 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.

Reviser's note: "The act," see WAC 24-12-001.

Chapter 24-16 Rules of the Washington state apple commission.

Wash. Admin. Code § 24-16-030 Rules for implementation of promotional hosting by the Washington apple commission.

RCW 15.04.200 provides that agricultural commodity commissions shall adopt rules governing promotional hosting expenditures by agricultural commodity commission employees, agents, or commissioners. "Promotional hosting" means the hosting of individuals or groups of individuals at meetings, meals, events, tours, or other gatherings for the purpose of agricultural development, trade promotion, cultivating trade relations, or in the aid of the marketing, advertising, or sale of Washington state apples. "Hosting" may include providing meals, refreshments, lodging, transportation, gifts of nominal value, reasonable and customary entertainment, and normal incidental expenses at meetings or gatherings.

The rules governing promotional hosting expenditures for the Washington apple commission shall be as follows:

(1) Budget approval. Commission expenditures for agricultural development or trade promotion and promotional hosting shall be pursuant to specific budget items in the commission's annual budget as approved by the commission and the director.

(2) Officials and agents authorized to make expenditures. The following officials and agents are authorized to make expenditures for agricultural development, trade promotion, and promotional hosting in accordance with the provisions of these rules:

(a) Commissioners;

(b) President;

(c) Vice president;

(d) Export marketing staff;

(e) Contracted international representatives of the commission as defined within the scope of their contract with the commission.

Individual commissioners shall make promotional hosting expenditures, and seek reimbursements for those expenditures, only in those instances where expenditures have been approved by the commission.

(3) Payment and reimbursement. All payments and reimbursements shall be identified and supported by an expense report and promotional hosting form to which receipts are attached. These forms will be supplied by the commission, and shall require the following information:

(a) Name and company (if applicable) of each person hosted;

(b) General purpose of the hosting;

(c) Date of the hosting;

(d) Location of the hosting;

(e) To whom payment was or will be made;

(f) Signature of person seeking payment or reimbursement.

(4) The commission chair, president/secretary, and vice president/treasurer are authorized to approve direct payment or reimbursements submitted in accordance with these rules: Provided, That they are not authorized to approve their own invoices.

(5) The following persons may be hosted when it is reasonably believed such hosting will promote agricultural development, promote trade, cultivate trade relations, or aid in the marketing, advertising, or sale of Washington state apples: Provided, That such hosting shall not violate federal or state conflict of interest laws:

(a) Individuals from private business, associations, commissions, and accompanying staff and interpreter(s);

(b) Foreign government officials and accompanying staff and interpreter(s);

(c) Federal, state and local officials: Provided, That lodging, meals, and transportation will not be provided when such officials may obtain full reimbursement for these expenses from their governmental employer;

(d) The general public, at meetings or gatherings open to the general public;

(e) Commissioners, employees and contracted international representatives of the commission when their attendance at meetings, meals, and gatherings at which the persons described in (a) through (d) of this subsection are being hosted, will promote agricultural development, promote trade, cultivate trade relations, or aid in the marketing, advertising, or sale of Washington state apples;

(f) Spouses, or significant others of the persons listed in (a), (b), (c), and (e) of this subsection when attendance of such spouse or significant other is customary and expected or will serve to promote agricultural development, promote trade, cultivate trade relations, or aid in the marketing, advertising, or sale of Washington state apples.

History

• Statutory Authority: RCW 15.04.200, chapters 15.24, 34.05 RCW. WSR 13-22-083, § 24-16-030, filed 11/6/13, effective 12/7/13.

Chapter 24-20 Washington apple commission public records.

Wash. Admin. Code § 24-20-010 Purpose.

The purpose of this chapter is to ensure compliance by the Washington apple commission with the provisions of the Public Records Act, chapter 42.56 RCW. These rules provide information to persons requesting access to the commission's public records and establish procedures for both requestors and commission staff.

History

• Statutory Authority: RCW 15.24.070, 15.24.090, 42.56.040 and chapter 34.05 RCW. WSR 19-24-098, § 24-20-010, filed 12/4/19, effective 1/4/20.

Wash. Admin. Code § 24-20-020 Public record.

A public record includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the commission regardless of physical form or characteristics.

History

• Statutory Authority: RCW 15.24.070, 15.24.090, 42.56.040 and chapter 34.05 RCW. WSR 19-24-098, § 24-20-020, filed 12/4/19, effective 1/4/20.

Wash. Admin. Code § 24-20-030 Public records officer.

(1) The commission's public records shall be in the charge of the public records officer designated by the commission.

(2) The name of the commission's current public records officer is on file with the office of the code reviser in accordance with RCW 42.56.580 and is published in the Washington State Register.

(3) The commission or its president may appoint a temporary public records officer to serve during the absence of the designated records officer. The public records officer shall be responsible for implementing the commission's rules regarding disclosure of public records, coordination of staff regarding disclosure of public records, and generally ensuring compliance by staff with public records disclosure requirements.

History

• Statutory Authority: RCW 15.24.070, 15.24.090, 42.56.040 and chapter 34.05 RCW. WSR 19-24-098, § 24-20-030, filed 12/4/19, effective 1/4/20.

Wash. Admin. Code § 24-20-040 Requests for public records.

(1) All requests for disclosure of public records must be submitted in writing directly to the commission's public records officer by mail at:

Washington Apple Commission

2900 Euclid Avenue

Wenatchee, WA 98801

email: publicrecords@waapple.org

The written request should include:

(a) The name of the person requesting the record and their contact information;

(b) The calendar date on which the request is made; and

(c) Sufficient information to readily identify the records being requested.

(2) Any person wishing to inspect the commission's public records may make an appointment with the public records officer to inspect the records at the commission office during regular business hours. In order to adequately protect the commission's public records, the following will apply:

(a) Public records made available for inspection may not be removed from the area the commission makes available for inspection.

(b) Inspection of any public record will be conducted in the presence of the public records officer or designee.

(c) Public records may not be marked or altered in any manner during inspection.

(d) The commission has the discretion to designate the means and the location for the inspection of records. The viewing of those records that require specialized equipment shall be limited to the availability of that equipment located at the commission office and the availability of authorized staff to operate that equipment.

History

• Statutory Authority: RCW 15.24.070, 15.24.090, 42.56.040 and chapter 34.05 RCW. WSR 19-24-098, § 24-20-040, filed 12/4/19, effective 1/4/20.

Wash. Admin. Code § 24-20-050 Response to public records request.

(1) The public records officer shall respond to public records requests within five business days by:

(a) Providing the record;

(b) Providing a link or address for a record available on the internet under RCW 42.56.520;

(c) Acknowledging receipt of the request and providing a reasonable estimate of the time the commission will require to respond to the request; or

(d) Denying the public records request. Responses refusing in whole or in part the inspection of a public record shall include a statement of the specific exemption authorizing the withholding of the record (or any part) and a brief explanation of how the exemption applies to the record(s) withheld or to any redactions in records produced.

(2) Additional time to respond to the request may be based upon the need to:

(a) Clarify the intent of the request;

(b) Locate and assemble the information requested;

(c) Notify third persons or agencies affected by the request; or

(d) Determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.

(3) In acknowledging receipt of a public records request that is unclear, the public records officer may ask the requestor to clarify what records the requestor is seeking. The public records officer is not obligated to provide further response if the requestor fails to clarify the request.

History

• Statutory Authority: RCW 15.24.070, 15.24.090, 42.56.040 and chapter 34.05 RCW. WSR 19-24-098, § 24-20-050, filed 12/4/19, effective 1/4/20.

Wash. Admin. Code § 24-20-060 Costs of disclosure.

(1) No fee shall be charged for the inspection of public records.

(2) Pursuant to RCW 42.56.120(2), the commission declares for the following reasons that it would be unduly burdensome for it to calculate the actual costs it charges for providing copies of public records: Funds were not allocated for performing a study to calculate such actual costs and the agency lacks the necessary funds to perform a study and calculations; staff resources are insufficient to perform a study and to calculate such actual costs; and a study would interfere with and disrupt other essential agency functions.

(3) The commission may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120.

(4) The public records officer may waive the fee when the expenses of processing payment exceeds the costs of providing copies.

History

• Statutory Authority: RCW 15.24.070, 15.24.090, 42.56.040 and chapter 34.05 RCW. WSR 19-24-098, § 24-20-060, filed 12/4/19, effective 1/4/20.

Wash. Admin. Code § 24-20-070 Exemptions.

The commission's public records are available for disclosure except as otherwise provided under chapter 42.56 RCW or any other law. Requestors should be aware of the following exemptions to public disclosure specific to commission records. This list is not exhaustive and other exemptions may apply:

(1) Production or sales records required to determine assessment levels and actual assessment payments the commission under chapter 15.24 RCW (reference RCW 42.56.380(3)).

(2) Financial and commercial information and records supplied by persons:

(a) To the commission for the purpose of conducting a referendum for the establishment of the commission; or

(b) To the commission under chapter 15.24 RCW, with respect to domestic or export marketing activities or individual producer's production information (reference RCW 42.56.380(5)).

(3) Lists of individuals requested for commercial purposes (reference RCW 42.56.070).

(4) Records which are relevant to a controversy to which the commission is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts, including records involving attorney-client communications between the commission and the office of the attorney general privileged under RCW 5.60.060(2).

(5) Personal information in any files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy (reference RCW 42.56.230(3)).

(6) Residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, dates of birth, Social Security numbers and emergency contact information of employees, dependents of employees, or volunteers of a public agency that are held by any agency in personnel records, public employment related records, or volunteer rosters, or are included in any mailing list of employees or volunteers of any public agency (reference RCW 42.56.250(3)).

History

• Statutory Authority: RCW 15.24.070, 15.24.090, 42.56.040 and chapter 34.05 RCW. WSR 19-24-098, § 24-20-070, filed 12/4/19, effective 1/4/20.

Wash. Admin. Code § 24-20-080 Review of denials of public records requests.

(1) Any person who objects to the denial of a request to copy or inspect public records may petition the commission for review of such decision by submitting a written request to the commission. The request shall specifically refer to the statement which constituted or accompanied the denial.

(2) The commission's president or designee shall immediately consider the matter and either affirm or reverse such denial. In any case, the request shall be returned with a final decision, within ten business days following receipt of the written request for review of the original denial.

(3) Under RCW 42.56.530, if the commission denies a requestor access to public records because it claims the record is exempt in whole or in part from disclosure, the requestor may request the attorney general's office to review the matter.

(4) Any person may obtain court review of a denial of a public records request under RCW 42.56.550.

History

• Statutory Authority: RCW 15.24.070, 15.24.090, 42.56.040 and chapter 34.05 RCW. WSR 19-24-098, § 24-20-080, filed 12/4/19, effective 1/4/20.

Wash. Admin. Code § 24-20-090 Records index.

The commission shall establish a records index, which shall be made available for public review. The records index may be accessed on the commission's website at www.bestapples.com.

The index includes the following records:

(1) Washington apple commission statute, chapter 15.24 RCW.

(2) Washington apple commission rules, Title 24 WAC.

(3) Commission policy and procedure manuals.

History

• Statutory Authority: RCW 15.24.070, 15.24.090, 42.56.040 and chapter 34.05 RCW. WSR 19-24-098, § 24-20-090, filed 12/4/19, effective 1/4/20.