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Fryer Marketing Order Termination Petition

WAC 16-512-005, Marketing order - policy statement;
16-512-006, Marketing order purposes;
 16-512-010, Definitions; 16-512-020, Fryer
commission - Structure, powers, duties and procedure;
16-512-040, Assessments and assessment funds;
16-512-050, Information reports; 16-512-060, Separability;
and, 16-512-070, Effective time.

The Washington State Department of Agriculture (WSDA) received a petition from the Washington Fryer Commission requesting termination of  the Fryers, Broilers, and Roasters Marketing Order (chapter 16-512 WAC), thereby eliminating the Washington Fryer Commission. Growers will have the opportunity to approve or reject the proposed decrease through referendum.

The fryer industry has experienced many challenges and changes over the past several years. In the 1990's, Washington State University cut the poultry program which negated the opportunity for research unique to the poultry industry in Washington. A few years ago, the two remaining processors of Washington-grown chicken opted to combine the state origin information with Oregon's which eliminated the "Grown in Washington" brand. In 2009 the growers voted to reduce the rate they are assessed in recognition of economic struggles as well as the scaled-back functions of the commission (primarily focused on assisting growers with maintaining their businesses, consumer outreach, regulatory services and legislative activities). Although the board of the Fryer Commission has continued to meet since assessments were reduced, no meaningful mission has been crafted to move the Commission forward and it is believed most growers feel the Commission has outlived its usefulness to the industry.

Any questions regarding the rule-making process should be directed to:

Washington State Department of Agriculture
Kelly Frost, Commodity Commission Coordinator
1111 Washington Street SE, 2nd Floor, Olympia WA 98504-2560
Phone: (360) 902-1802 / Fax: (360) 902-2092
E-mail: kfrost@agr.wa.gov

CR-102 Filed: 1/29/2010

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Documents: 

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Public Hearing Information:

Topic: Fryer Commission Termination
WAC: 16-512
Date: March 12, 2010
Time: 1:30 p.m.
Location: Department of Agriculture
Natural Resources Building, Room 205
1111 Washington St SE
Olympia WA 98504
Disabled person
assistance contact:
WSDA Receptionist
(360) 902-1976
TTY: (800) 833-6388
Deadline to contact
Receptionist if disabled
person assistance desired:
9:00 a.m. 3/3/10
Send written testimony to: Kelly Frost
Department of Agriculture
1111 Washington Street SE, 2nd Floor
PO Box 42560
Olympia WA 98504-2560
FAX: (360) 902-2092
Written testimony deadline: 5:00 p.m., March 15, 2010

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Referendum Results: Summary | Breakdown for Determining Assent | Yes vs. No

Referendum Results Summary:

Based on RCW 15.66.090, to pass a referendum on the termination of a marketing order are 51% or more by number must reply and, of those replying, 65% or more by number and 51% or more by volume must vote "yes." Category % Approval
Total number of producers voting "Yes" 90.00%
Total volume of production of producers voting "Yes" 96.44%

Within 60 days of these results, an affected party may dispute the results of this vote and request a recount (RCW 15.65.205).

Summary | Breakdown for Determining Assent | Yes vs. No

The results are as follows:

Category Total # Eligible Total # Voting Total # Voting Yes Total # Voting No
Affected Producers 27 20 18 2
Volume of Production in Pounds (3-yr. average) 128,864,962 94,241,968 90,882,455 3,359,513

Of those eligible to vote, 74.07 percent responded exceeding the 51 percent requirement.

Summary | Breakdown for Determining Assent | Yes vs. No

The results are as follows:

Category No. Of Producers (%) Volume of Production (%)
Total No. Of those Voting - YES 90.00% 96.44%
Total No. Of Those Voting - NO 10.00% 3.56%

Referendum Issue passed.

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