WSR 01-11-030

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 8, 2001, 2:19 p.m. ]

Date of Adoption: May 8, 2001.

Purpose: To amend the existing rule by increasing fees for application and hourly inspection for certification of caneberry planting stock within fiscal growth factors for fiscal year 2001 and fiscal year 2002 and to make minor changes to reflect changes in industry practices.

Citation of Existing Rules Affected by this Order: Amending WAC 16-333-040, 16-333-045, and 16-333-085.

Statutory Authority for Adoption: Chapter 15.14 RCW.

Adopted under notice filed as WSR 01-07-097 on March 21, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

May 8, 2001

Jim Jesernig

Director

OTS-4732.1


AMENDATORY SECTION(Amending WSR 00-19-035, filed 9/12/00, effective 10/13/00)

WAC 16-333-040   Caneberry certification fees effective June 30, 2001.   (1) Caneberry certification application fee. The applicant must furnish all information requested on the application form furnished by the department, including, but not limited to, the crop, variety, class planted, date planted, source of seed or plants, acreage, field number, applicant's name and address, applicant's signature, and date of application. The applicant must allow the department to take plants or plant parts from any planting for inspection and testing purposes. A separate application is required for each cultivar and/or lot entered for certification. Applications must be filed with the Plant Services Program, P.O. Box 42560, Olympia, Washington 98504-2560 by May 15 each year and be accompanied by a ((one hundred twenty-five dollar)) $128.55 fee.

(2) Inspection fees. The inspection fee is ((twenty-five dollars)) $25.70 per hour plus mileage charged at a rate established by the state office of financial management. Inspection and testing are payable upon completion of work. Billing may be arranged subject to department policies and processes.

(3) The department will remove any applicant from the certification program for failing to pay fees when due.

(4) The department will not accept applications from growers owing the department for previous fees.

[Statutory Authority: Chapter 15.14 RCW. 00-19-035, 16-333-040, filed 9/12/00, effective 10/13/00; 92-15-114 (Order 3005), 16-333-040, filed 7/21/92, effective 8/21/92; 87-13-016 (Order 1932), 16-333-040, filed 6/9/87; 85-22-053 (Order 1876), 16-333-040, filed 11/5/85.]


NEW SECTION
WAC 16-333-041   Caneberry certification fees effective July 1, 2001.   (1) Caneberry certification application fee. The applicant must furnish all information requested on the application form furnished by the department, including, but not limited to, the crop, variety, class planted, date planted, source of seed or plants, acreage, field number, applicant's name and address, applicant's signature, and date of application. The applicant must allow the department to take plants or plant parts from any planting for inspection and testing purposes. A separate application is required for each cultivar and/or lot entered for certification. Applications must be filed with the Plant Services Program, P.O. Box 42560, Olympia, Washington 98504-2560 by May 15 each year and be accompanied by a $132.00 fee.

(2) Inspection fees. The inspection fee is $26.40 per hour plus mileage charged at a rate established by the state office of financial management. Inspection and testing are payable upon completion of work. Billing may be arranged subject to department policies and processes.

(3) The department will remove any applicant from the certification program for failing to pay fees when due.

(4) The department will not accept applications from growers owing the department for previous fees.

[]


AMENDATORY SECTION(Amending WSR 00-19-035, filed 9/12/00, effective 10/13/00)

WAC 16-333-045   Production requirements for foundation caneberry planting stock.   (1) Foundation caneberry plants must originate directly from nuclear stock and may be grown in a greenhouse, screenhouse or field.

(2) Growers may use micro-propagation techniques to multiply foundation plants prior to planting them in a foundation greenhouse, screenhouse or field, if both of the following conditions are met:

(a) The micro-propagated plants are isolated at all times from all other caneberry plants, except those that have been indexed and found free of virus or virus-like infections; and

(b) The micro-propagation facility is approved by the department.

(3) Growers may transplant micro-propagated foundation plants to a greenhouse or screenhouse for conditioning prior to planting them in a foundation field.

(4) Foundation plants may be harvested from a foundation field planting for no more than one year.

(5) Foundation plants grown in an insect-proof facility ((on pasteurized)) in approved soil-less media may be maintained indefinitely, providing they are indexed and found free of virus or virus-like infections at intervals of no more than three years by personnel employed by the United States Department of Agriculture or other institution approved by the department.

(6) Each foundation plant in a foundation greenhouse or screenhouse must be grown in a container individually identified by the cultivar and lot.

(7) Different cultivars planted in a foundation field must be separated by a distance of fourteen feet or by a physical barrier that prevents the intermingling of roots.

(8) Upon request, growers must provide records to the department documenting the cultivar, nuclear source, indexing results and date of acquisition for any foundation stock.

[Statutory Authority: Chapter 15.14 RCW. 00-19-035, 16-333-045, filed 9/12/00, effective 10/13/00.]


AMENDATORY SECTION(Amending WSR 00-19-035, filed 9/12/00, effective 10/13/00)

WAC 16-333-085   Tolerances for foundation, registered and certified caneberry planting stock.   (1) Each lot of foundation, registered or certified planting stock may have no more than the percentage of affected plants listed in the table below:


Foundation

All

inspections

Registered

All

inspections

Certified

All

inspections

Factors Percent Percent Percent
Varietal mixture 0 0 0
Visible symptoms of virus diseases 0 0.05 0.5
Crown and cane gall 0 0.1 1.0
Nematode 0 0.05 0.1
Anthracnose 0 2.0 5.0
Other diseases 0 ((0.2))

Practically

free

((0.5))

Practically

free

Root, cane or crown inhabiting insects 0 0.05 0.1


(2) Caneberry planting stock that fails to meet any tolerance for its intended class may be reclassified to the next class for which it meets all of the tolerances.

[Statutory Authority: Chapter 15.14 RCW. 00-19-035, 16-333-085, filed 9/12/00, effective 10/13/00.]

Washington State Code Reviser's Office