WSR 00-18-108

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed September 6, 2000, 11:25 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-15-063.

Title of Rule: WAC 16-230-615 Restricted use herbicides -- Eastern Washington -- Sale and distribution.

Purpose: Revise rule for purposes of clarity and uniformity with general rule requirements found in WAC 16-228-1231.

Statutory Authority for Adoption: Chapters 15.58 and 17.21 RCW.

Statute Being Implemented: Chapters 15.58 and 17.21 RCW.

Summary: The proposed rule change will clarify existing requirements. The proposed changes require that liquid formulations of (phenoxy hormone-type such as 2,4-D, and MCPA) distributed in quantities greater than one gallon in counties located east of the crest of Cascade Mountains shall be sold and distributed only by licensed pesticide dealers to certified applicators or their duly authorized representatives.

Reasons Supporting Proposal: Revise rule for purposes of clarity and uniformity with general rule requirements found in WAC 16-228-1231.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Cliff Weed, Olympia, (360) 902-2036.

Name of Proponent: Washington State Department of Agriculture, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: In certain situations individuals need to purchase one gallon quantities of phenoxy type materials to control noxious weeds. This rule allows for those purchases without requiring the individual to be licensed to purchase restricted use pesticides. The proposed rule change will clarify existing requirements. The proposed changes require that liquid formulations of (phenoxy hormone-type such as 2,4-D, and MCPA) distributed in quantities greater than one gallon in counties located east of the crest of the Cascade Mountains shall be sold and distributed only by licensed pesticide dealers to certified applicators or their duly authorized representatives.

Proposal Changes the Following Existing Rules: Adds clarity and makes this rule consistent with a similar rule found in WAC 16-228-1231. Clarifies the amount of (phenoxy hormone-type such as 2,4-D, and MCPA) which can be purchased without a license.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement was determined to be unnecessary because the economic impact from the rule changes will be negligible.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.

Hearing Location: Washington State Department of Agriculture, Suite 238, 21 North First Avenue, Yakima, WA 98902, on October 12, 2000, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Laurie Mauerman by October 2, 2000, TDD (360) 902-1996.

Submit Written Comments to: Laurie Mauerman, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2093, by October 13, 2000.

Date of Intended Adoption: October 26, 2000.

September 6, 2000

Bob Arrington

Assistant Director


AMENDATORY SECTION(Amending Order 2073, filed 2/26/91, effective 3/29/91)

WAC 16-230-615
Restricted use herbicides -- Eastern Washington -- Sale and distribution.

Liquid formulations of restricted use herbicides distributed in ((packages)) quantities larger than one gallon in counties located east of the crest of the Cascade Mountains shall be sold and distributed only by licensed pesticide dealers to certified applicators or their duly authorized representatives((: Provided, That liquid amine formulations of any concentration of restricted use herbicides in containers up to and including one gallon in size is allowed in all counties located east of the crest of the Cascade Mountains)).

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), 16-230-615, filed 2/26/91, effective 3/29/91; 87-09-015 (Order 1923), 16-230-615, filed 4/6/87; 80-03-041 (Order 1680), 16-230-615, filed 2/20/80.]

Washington State Code Reviser's Office