WSR 02-08-086

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed April 3, 2002, 11:08 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-01-128.

Title of Rule: Chapter 16-484 WAC, Potato virus Y-N quarantine.

Purpose: To amend existing rules, enabling Washington to participate in the USA/Canada PVYn management plan and to prohibit importation of seed potatoes from nonparticipating states. Other modifications may be necessary to acknowledge changes in industry and regulatory practices.

Statutory Authority for Adoption: Chapter 17.24 RCW.

Statute Being Implemented: Chapter 17.24 RCW.

Summary: The proposed changes are necessary to bring Washington state quarantine rules regarding PVYn, a serious, seed borne virus disease of potatoes, into compliance with the Canada/USA PVYn management plan. Compliance with this internationally negotiated plan is necessary in order for commercial potato growers of Washington to be able to expert their crop to processing markets in Canada.

Reasons Supporting Proposal: The North American Free Trade Agreement (NAFTA) has made compliance with international quarantine standards a requirement for all states that wish to continue to export agricultural products. These changes have been requested by the affected industry.

Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504, (360) 902-1907; Implementation and Enforcement: Tom Wessels, 1111 Washington Street, Olympia, WA 98504, (360) 902-1984.

Name of Proponent: Washington State Seed Potato Commission and Washington State Department of Agriculture, public and governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The existing rule implements a quarantine against a serious viral disease of potato, PVYn. When it was adopted, the purpose was exclusion of this virus, which had been identified in the Maritime Provinces of Canada, by regulating and requiring testing of seed potatoes grown in that major seed potato production area. Since that time, PVYn has been identified in the United States, as well as Canada, and the purpose is now to manage the disease by international agreement, the Canada/USA PVYn management plan. This change will bring the rule into compliance with the plan and is necessary in order for the commercial potato producers of Washington to continue to export their crop to processing markets in Canada.

Proposal Changes the Following Existing Rules: In general, the proposed rule changes bring the existing quarantine rule into compliance with North American Plan Protection Organization (NAPPO) standards for phytosanitary measures by implementing the Canada/USA PVYn management plan negotiated between the two nations. Specifically, the proposed changes would expand the regulated articles, with the effect of restricting all seed potatoes planted for commercial purposes or for seed potato production to either (1) stock grown in a state or district that participates in the plan, or (2) stock tested and found free of the disease by the originating state. The existing rule limits the regulated articles to seed potatoes from certain provinces of Canada where the disease is known to occur and requires testing before these Canadian seed potatoes can be imported into this state. The proposed changes would also require record keeping for documents certifying compliance with the plan and authorize the department to sample and test commercial potatoes for compliance. A few technical and grammatical corrections are also proposed.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule does not have a major impact on businesses. Although the proposal requires growers to keep eligibility records, the existing seed potato quarantine, chapter 16-482 WAC, currently requires growers to keep virtually the same records.

RCW 34.05.328 does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency.

Hearing Location: County Annex Building, 1000 North Forest Street, Bellingham, WA 98225, on May 15, 2002, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Jodi Jones by May 9, 2002, TDD (360) 902-1996, or (360) 902-1806.

Submit Written Comments to: Mary Toohey, P.O. Box 42560, Olympia, WA 98504-2560, e-mail mtoohey@agr.wa.gov, fax (360) 902-2094, by close of business May 16, 2002.

Date of Intended Adoption: May 23, 2002.

April 3, 2002

Mary A. Martin Toohey

Assistant Director

OTS-5566.1


AMENDATORY SECTION(Amending Order 2087, filed 6/11/91, effective 6/12/91)

WAC 16-484-210   Quarantine -- ((Potato virus Y necrotic strain)) PVYn.   A quarantine is established under this chapter against the ((disease known as potato virus Y necrotic strain (PVY-N))) PVYn. ((PVY-N)) PVYn is a serious viral disease of certain species of the family Solanaceae, and is ((not known to occur in the United States)) designated as a regulated pest in the North American Plant Protection Organization (NAPPO) standards for phytosanitary measures.

[Statutory Authority: Chapter 17.24 RCW. 91-13-026 (Order 2087), 16-484-210, filed 6/11/91, effective 6/12/91.]


AMENDATORY SECTION(Amending Order 2087, filed 6/11/91, effective 6/12/91)

WAC 16-484-220   Area under quarantine.   The following areas are declared to be under quarantine for ((PVY-N)) PVYn:

(1) Exterior quarantine. All states and districts of the United States; and

(2) Interior quarantine. All counties in the state of Washington.

[Statutory Authority: Chapter 17.24 RCW. 91-13-026 (Order 2087), 16-484-220, filed 6/11/91, effective 6/12/91.]


AMENDATORY SECTION(Amending Order 2087, filed 6/11/91, effective 6/12/91)

WAC 16-484-230   Regulated articles.   (((1) The following are hereby declared to be hosts or possible carriers of PVY-N and are prohibited entry into the state from any area under exterior quarantine either directly, indirectly, diverted, or reconsigned except as provided in WAC 16-484-240:

(a) All seed potatoes originating in the Province of Prince Edward Island, Canada, potato inspection districts 1 through 4; and

(b) All seed potatoes of the Atlantic variety originating in the Province of Prince Edward Island, Canada, potato inspection districts 5 and 6; and

(c) All seed potatoes originating in the Province of New Brunswick, Canada, that are progeny of potatoes of the Atlantic variety that originated in Prince Edward Island in 1989 or 1990; and

(d) All other seed potatoes grown on farms where potatoes identified in (b) and (c) of this subsection have been grown; and

(e) All seed potatoes originating in any other location within Canada, except the Province of Newfoundland and the Land District of South Saanich of Vancouver Island of British Columbia that are the progeny of potatoes of the Atlantic variety that originated in Prince Edward Island in 1989 or 1990.

(2) It is prohibited to cut for seed, plant, move, sell, or transport any regulated article identified in subsection (1)(a) through (e) of this section which arrived in the state of Washington prior to the effective date of this quarantine until inspected and released by the department.)) Regulated articles include all seed potatoes to be used for commercial planting or for seed potato production.

[Statutory Authority: Chapter 17.24 RCW. 91-13-026 (Order 2087), 16-484-230, filed 6/11/91, effective 6/12/91.]


AMENDATORY SECTION(Amending Order 2087, filed 6/11/91, effective 6/12/91)

WAC 16-484-240   Conditions governing the movement of regulated articles into Washington state.   (1) ((Each shipment of a regulated article shall be accompanied by a certificate issued by the state of origin that clearly identifies each seed lot and shall contain an additional declaration stating that the seed potatoes were tested and found free of PVY-N utilizing a method prescribed by the director.

(2) Persons shipping regulated articles into this state from areas under exterior quarantine shall notify the department's plant protection branch prior to arrival of the nature and quantity of each shipment, its expected date of arrival at destination, the name of the intended receiver, and the destination. The person to whom the regulated articles are shipped shall hold the same until they are inspected and released by the department.)) Except as provided in WAC 16-484-250, all seed potatoes planted for commercial or seed potato production within the state of Washington must:

(a) Originate from a state or district that participates in the Canada/USA PVYn Management Plan; or

(b) Be tested by and found free of PVYn by the plant protection organization in the state of origin.

(2) The department may sample and test any lot of seed potatoes or conduct field inspections of commercial potatoes for the purpose of testing and verifying compliance with this chapter.

(3) All growers of commercial potatoes or seed potatoes must obtain documents certifying compliance with the Canada/USA PVYn Management Plan and must provide those documents to the director upon request.

[Statutory Authority: Chapter 17.24 RCW. 91-13-026 (Order 2087), 16-484-240, filed 6/11/91, effective 6/12/91.]


AMENDATORY SECTION(Amending Order 2087, filed 6/11/91, effective 6/12/91)

WAC 16-484-250   Special permits and compliance agreements.   The director may issue special permits or enter into compliance agreements allowing the movement of regulated articles covered in WAC 16-484-230 not otherwise eligible for movement from the area under quarantine, subject to conditions and provisions which the director may prescribe to prevent the escape or spread of ((PVY-N)) PVYn.

[Statutory Authority: Chapter 17.24 RCW. 91-13-026 (Order 2087), 16-484-250, filed 6/11/91, effective 6/12/91.]


AMENDATORY SECTION(Amending Order 2087, filed 6/11/91, effective 6/12/91)

WAC 16-484-260   Disposition of regulated articles entering in violation or found infected with ((PVY-N)) PVYn.   Any regulated article (1) entering the state in violation of this quarantine; or (2) entering the state prior to the effective date of this quarantine which is or may be infected with ((PVY-N)) PVYn; shall be disposed of in a manner prescribed by the director, returned out-of-state, or destroyed at the option and expense of the owner or the owner's agent.

[Statutory Authority: Chapter 17.24 RCW. 91-13-026 (Order 2087), 16-484-260, filed 6/11/91, effective 6/12/91.]

Washington State Code Reviser's Office