WSR 04-04-019

AGENDA

DEPARTMENT OF AGRICULTURE


[ Filed January 26, 2004, 10:01 a.m. ]

Following is the Department of Agriculture's semi-annual rules development agenda for the period January 1, 2004, through June 30, 2004, which is being sent in compliance with RCW 34.05.314.

If you have any questions, please call George Huffman at (360) 902-1802 or e-mail at ghuffman@agr.wa.gov.



Washington State Department of Agriculture

Semi-Annual Rules Agenda

January 1, 2004 - June 30, 2004

P.O. Box 42560, Olympia, WA 98504-2560



WAC Number Rule Title Agency Contact Tentative Timeline Subject of Rule Making
CR-101 CR-102 CR-103
Plant Protection Division
NEW Labeling rules for nursery stock. Tom Wessels

Plant Services Program Manager

Phone (360) 902-1984

1-22-03 3-3-04 4-20-04 Proposed rules would implement statutory requirement in chapter 15.13 RCW that nursery stock offered for sale in Washington state be labeled with the botanical name of the stock. The ability to identify horticultural plants is critical when enforcing plant related quarantines, especially noxious weed quarantines. Plant labeling rules will benefit consumers by providing them with an accurate identity of the plants they purchase and will also allow consumers to identify native plants collected in their natural environment.
Chapter 16-324 WAC Rules for the certification of seed potatoes. Tom Wessels

Plant Services Program Manager

Phone (360) 902-1984

2-4-04 3-24-04 5-13-04 WSDA's plant services program may revise the seed potato certification rule to comply with the United States/Canada necrotic virus management plan, which is currently being revised. The department may also have to sign a proposed memorandum of understanding (MOU) with USDA-APHIS on seed potato certification. Compliance with both the management plan and the MOU will be necessary in order to send seed potatoes out of state. Both the management plan and the MOU will likely require amendments to chapter 16-324 WAC.
Chapter 16-350 WAC Registration and certification of fruit tree planting stock. Tom Wessels

Plant Services Program Manager

Phone (360) 902-1984

11-14-03 TBD TBD The department plans to amend chapter 16-350 WAC to reflect current industry and regulatory needs and practices, particularly with regard to prevention and exclusion of plant virus diseases, and by establishing a fee schedule for activities associated with fruit tree certification. In addition, this proposal may amend WAC 16-350-045 Application and fees, to eliminate duplication of information specified in WAC 16-401-050 and to correct an erroneous RCW reference.
WAC 16-401-070 Annual assessment -- Record-keeping requirement. Tom Wessels

Plant Services Program Manager

Phone (360) 902-1984

1-21-04 3-24-04 5-11-04 The department is proposing to add a new section to chapter 16-401 WAC, Nursery inspection fees, that establishes record-keeping requirements for the sale of grapevine propagation material, fruit trees and fruit tree related ornamental nursery stock. The purpose of these record-keeping requirements is to facilitate audits and to ensure that proper assessment amounts are paid to the department.
Chapter 16-470 WAC Quarantines--Agricultural pests. Brad White

Pest Program Manager

Phone (360) 902-1907

10-1-03 12-24-03 2-10-04 The department proposes to amend chapter 16-470 WAC by establishing an apple maggot (Rhagoletis pomonella) quarantine in all or a portion of Kittitas County. Multiple life stages of apple maggot were detected in Kittitas County during the summer of 2003. This is significant because it indicates there is a local reproducing population of this pest. The proposed amendments are intended to prevent or minimize possible movement of apple maggot from Kittitas County into uninfested areas and to protect the commercial tree fruit industry from an economically significant pest by regulatory measures, including quarantine establishment.
Chapter 16-662 WAC Weights and measures -- National handbooks. Jerry Buendel

Weights and Measures Program Manager

Phone (360) 902-1856

1-21-04 (CR-105) Expedited Adoption 3-24-04 Update references to reflect current national handbooks and amend WAC 16-662-110 (1)(a) to comply with national standards.
Food Safety, Animal Health and Consumer Services Division
Implementing chapter 397, Laws of 2003 (ESHB 1754) Special temporary permit -- Poultry slaughter. Jim Pressley

Food Safety Assistant Program Manager

Phone (360) 902-1860

6-4-03 2-18-04 4-6-04 The department, working with industry stakeholders and other interested parties, is developing rules to implement chapter 397, Laws of 2003 (ESHB 1754), which relates to the slaughter of chickens (Gallus domesticus). ESHB 1754 requires that the department issue a special temporary permit regulating "the slaughter and preparation of one thousand or fewer pastured chickens in a calendar year by the agricultural producer of the chickens for the sale of whole raw chickens by the producer directly to the ultimate consumer at the producer's farm, and for such sale." ESHB 1754 specifically directs the department to develop rules generally patterned after those established by WAC 246-215-190 Temporary food service establishments, but tailored specifically to the slaughter, preparation and sale activities identified in the bill. ESHB 1754 requires that the department's rules must at least address:
Cooling procedures, when applicable;
Sanitary facilities, equipment and utensils;
Clean water;
Washing and other hygienic practices;
Waste water disposal; and
The length of time the special permit is valid.
Commodity Inspection Division
Chapter 16-400 WAC Fruit and vegetable inspection fees. Jim Quigley

Fruit and Vegetable Inspection Program Manager

Phone (360) 902-1883

5-7-03 3-24-04 5-1-04 The department is rewriting chapter 16-400 WAC in a clear and readable style and proposing to:
Increase fruit and vegetable inspection program hourly inspection rates (regular and overtime). RCW 15.17.150 directs the department to establish fees to recover the costs of providing inspection and/or certification or other requested services. To comply with this statutory mandate, the department will propose a fee schedule that provides for the recovery of hourly inspection costs, both regular and overtime. Current hourly inspection rates are below the cost of providing inspection services.
Adopt federal terminal hourly rates established by USDA/AMS/FPB. Since there are no department rules for fresh produce audit verification of fruits and vegetables, the department is proposing to adopt the federal terminal market hourly inspection rate for such services. Such action will result in equal state and federal fees for this federal/state program.
WAC 16-301-250

WAC 16-301-265

WAC 16-301-270

WAC 16-301-310

WAC 16-301-325

WAC 16-301-330

WAC 16-301-335

Annual bluegrass quarantine -- Definitions.

Annual bluegrass quarantine -- Regulated articles.

Annual bluegrass quarantine -- Conditions governing movement of regulated articles.

Rough bluegrass quarantine -- Definitions.

Rough bluegrass quarantine -- Regulated articles.

Rough bluegrass quarantine -- Conditions governing movement of regulated articles.

Rough bluegrass -- Procedures for cleaning seed stock.

Victor Shaul

Operations Manager

Seed Inspection/Certification Program

Commodity Inspection Division

Phone (509) 225-2682

10-22-03 12-23-03 2-23-04 Based upon recommendations from the Seed Program Advisory Committee, amendments will be proposed to WAC 16-301-250, 16-301-265, and 16-301-270 to remove range, reclamation, and forage type grasses from the annual bluegrass quarantine requirements; and to WAC 16-301-310, 16-301-325, 16-301-330, and 16-301-335 to remove range, reclamation, and forage type grasses from the rough bluegrass quarantine requirements.
WAC 16-301-365

WAC 16-301-375

WAC 16-301-380

WAC 16-301-395

WAC 16-301-410

WAC 16-301-415

WAC 16-301-420

Bean seed quarantine -- Establishing quarantine.

Regulated articles.

Regulated diseases.

General requirements for planting bean seed in the regulated area.

Additional requirements for planting bean seed in quarantine Area I.

Additional requirements for planting bean seed in quarantine Area II.

Quarantine -- Exceptions and exemptions.

Victor Shaul

Operations Manager

Seed Inspection/Certification Program

Commodity Inspection Division

Phone (509) 225-2682

12-23-03 TBD TBD The department's proposal to amend the listed WAC sections is in response to an industry request to simplify the requirements of the two current bean quarantine rules. The department's proposal combines the two current rules into one rule, simplifies compliance and reporting requirements and clarifies which diseases are regulated by the quarantine.
WAC 16-301-430

WAC 16-301-435

WAC 16-301-440

WAC 16-301-450

WAC 16-301-455

Identification and disposition of diseased bean seed and infected bean fields.

Notice of destruction.

Penalties.

Bean seed-borne viral disease quarantine -- Establishing the quarantine.

Bean seed-borne viral disease quarantine -- Regulated articles.

Victor Shaul

Operations Manager

Seed Inspection/Certification Program

Commodity Inspection Division

Phone (509) 225-2682

12-23-03 TBD TBD The department's proposal to amend the listed WAC sections is in response to an industry request to simplify the requirements of the two current bean quarantine rules. The department's proposal combines the two current rules into one rule, simplifies compliance and reporting requirements and clarifies which diseases are regulated by the quarantine.
WAC 16-301-460

WAC 16-301-465

WAC 16-301-470

WAC 16-301-475

Bean seed-borne viral disease quarantine -- Regulated disease.

Bean seed-borne viral disease quarantine -- Quarantine area.

Bean seed-borne viral disease quarantine -- Regulated area.

Bean seed-borne viral disease quarantine -- Requirements for planting bean seed in the regulated area.

Victor Shaul

Operations Manager

Seed Inspection/Certification Program

Commodity Inspection Division

Phone (509) 225-2682

12-23-03 TBD TBD The department's proposal to repeal the listed WAC sections is in response to an industry request to simplify the requirements of the two current bean quarantine rules. The department's proposal combines the two current rules into one rule, simplifies compliance and reporting requirements and clarifies which diseases are regulated by the quarantine.
WAC 16-301-480

WAC 16-301-485

Bean seed-borne viral disease quarantine -- Identification and disposition of diseased bean seed.

Bean seed-borne viral disease quarantine -- Penalties.

Victor Shaul

Operations Manager

Seed Inspection/Certification Program

Commodity Inspection Division

Phone (509) 225-2682

12-23-03 TBD TBD The department's proposal to repeal the listed WAC sections is in response to an industry request to simplify the requirements of the two current bean quarantine rules. The department's proposal combines the two current rules into one rule, simplifies compliance and reporting requirements and clarifies which diseases are regulated by the quarantine.
WAC 16-302-385 Grass seed standards for certification. Victor Shaul

Operations Manager

Seed Inspection/Certification Program

Commodity Inspection Division

Phone (509) 225-2682

12-23-03 TBD TBD The department's proposal is in response to an industry request to modify the certification standards for Thickspike wheatgrass so the amount of Slender wheatgrass allowed in the certified class can be increased. Such an amendment to WAC 16-302-385 will make Washington's grass seed certification standards uniform with other western states. Such uniformity will facilitate the marketing of Washington produced grass seed by allowing Washington producers to more fairly compete against seed certified in other western states.
WAC 16-303-340 Seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum and small grains. Victor Shaul

Operations Manager

Seed Inspection/Certification Program

Commodity Inspection Division

Phone (509) 225-2682

Keith Pfeifer Manager

Washington State Crop Improvement Association

Phone (509) 966-2234

9-30-03 12-23-03 2-24-04 The department is proposing to increase seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum and small grains by the Office of Financial Management (OFM) fiscal growth rate factor for fiscal year 2004, which mean these fees will increase by 3.2%. These increases are necessary to ensure that the fees charged for Washington Crop Improvement Association services are sufficient to offset inflationary increases in seed certification program operating costs delegated to the association by the WSDA director.
WAC 16-302-685 Small grain standards for seed certification. Victor Shaul

Operations Manager

Seed Inspection/Certification Program

Commodity Inspection Division

Phone (509) 225-2682

Keith Pfeifer Manager

Washington State Crop Improvement Association

Phone (509) 966-2234

9-30-03 12-23-03 2-23-04 The department is proposing amendments to WAC 16-302-685 that will modify the isolation standard distances in the small grain certification standards so they comply with recent changes adopted by the Association of Official Seed Certifying Agencies. As a member agency of the Association of Official Certifying Agencies, WSDA is compelled to maintain Washington certification standards that are, at a minimum, equal to national standards.
WAC 16-319-041 Application for certification of forest reproductive material. Victor Shaul

Operations Manager

Seed Inspection/Certification Program

Commodity Inspection Division

Phone (509) 225-2682

Keith Pfeifer, Manager

Washington State Crop Improvement Association

Phone (509) 966-2234

9-30-03 12-23-03 2-24-04 The department is proposing to increase certification of forest reproductive material fees by the Office of Financial Management (OFM) fiscal growth rate factor for fiscal year 2004, which means fees, will increase by 3.2%. These increases are necessary to ensure that the fees charged for Washington Crop Improvement Association services are sufficient to offset inflationary increases in forest reproductive material certification program operating costs delegated to the association by the WSDA director.
Pesticide Management Division
WAC 16-228-1220 What are the restrictions applying to any person holding, handling, using, or disposing of pesticides and their containers? Ann Wick

Program Development Program Manager

Phone (360) 902-2051

1-8-04 TBD TBD Based upon public comments received in 2003 when chapter 16-228 WAC, General pesticide rules, was revised, the department will consider rule making to clarify the restrictions in WAC 16-228-1220(4) that apply to any person applying pesticides near schools, hospitals or similar establishments by airblast sprayers or aircraft. The department will solicit additional comments from stakeholders and other interested parties before considering possible rule amendments.
WAC 16-228-1231

WAC 16-228-1250

WAC 16-230-400 through 16-230-470

WAC 16-230-600 through 16-230-675

State restricted use pesticides for distribution by licensed pesticide dealers and for use by certified applicators only.

Phenoxy herbicide restrictions.

Restricted use herbicides --

Spokane County.

High volatile ester and dust formulations, area under order and specific rules for eastern Washington.

Ann Wick

Program Development Program Manager

Phone (360) 902-2051

1-8-04 TBD TBD Amend subsections (1) and (4) to define herbicides and related container sizes that should be considered restricted use or have restrictions due to product volatility causing phytotoxicity.

Amend section to define herbicides and related container sizes that should be considered restricted use or have restrictions due to product volatility causing phytotoxicity.

Amend sections to define herbicides and related container sizes that should be considered restricted use or have restrictions due to product volatility causing phytotoxicity.

Amend sections to define herbicides and related container sizes that should be considered restricted use or have restrictions due to product volatility causing phytotoxicity.

WAC 16-230-800 through 16-230-868


WAC 16-231-100 through 16-231-183


WAC 16-231-200 through 16-231-235

WAC 16-231-300 through 16-231-335


WAC 16-231-400 through 16-231-425

Application of pesticides in Benton County.


Restricted use herbicides -- Franklin County.


Restricted use herbicides -- Yakima County.

Restricted use herbicides -- Adams County.


Restricted use herbicide -- Columbia County.

Ann Wick

Program Development Program Manager

Phone (360) 902-2051

1-8-04 TBD TBD Amend sections to define herbicides and related container sizes that should be considered restricted use or have restrictions due to product volatility causing phytotoxicity.

Amend sections to define herbicides and related container sizes that should be considered restricted use or have restrictions due to product volatility causing phytotoxicity.

Amend sections to define herbicides and related container sizes that should be considered restricted use or have restrictions due to product volatility causing phytotoxicity.

Amend sections to define herbicides and related container sizes that should be considered restricted use or have restrictions due to product volatility causing phytotoxicity.

Amend sections to define herbicides and related container sizes that should be considered restricted use or have restrictions due to product volatility causing phytotoxicity.

WAC 16-231-500 through 16-231-530

WAC 16-231-600 through 16-231-620

WAC 16-231-700 through 16-231-725

WAC 16-231-800 through 16-231-840

WAC 16-231-900 through 16-231-935

Restricted use herbicides -- Whitman County.

Restricted use herbicides -- Klickitat County.

Restricted use herbicides -- Okanogan County.

Restricted use herbicides -- Douglas and Chelan counties.

Restricted use herbicides -- Grant County.

Ann Wick

Program Development Program Manager

Phone (360) 902-2051

1-8-04 TBD TBD Amend sections to define herbicides and related container sizes that should be considered restricted use or have restrictions due to product volatility causing phytotoxicity.

Amend sections to define herbicides and related container sizes that should be considered restricted use or have restrictions due to product volatility causing phytotoxicity.

Amend sections to define herbicides and related container sizes that should be considered restricted use or have restrictions due to product volatility causing phytotoxicity.

Amend sections to define herbicides and related container sizes that should be considered restricted use or have restrictions due to product volatility causing phytotoxicity.

Amend sections to define herbicides and related container sizes that should be considered restricted use or have restrictions due to product volatility causing phytotoxicity.

WAC 16-232-001 through 16-232-077

WAC 16-232-100 through 16-232-120

WAC 16-232-200 through 16-232-225

WAC 16-232-300 through 16-232-315

Restricted use herbicides and application of pesticides --

Walla Walla County.

Restricted use herbicides --

Lincoln County.

Restricted use herbicides--

Garfield County.

Restricted use herbicides --

Kittitas County.

Ann Wick

Program Development Program Manager

Phone (360) 902-2051

1-8-04 TBD TBD Amend sections to define herbicides and related container sizes that should be considered restricted use or have restrictions due to product volatility causing phytotoxicity.

Amend sections to define herbicides and related container sizes that should be considered restricted use or have restrictions due to product volatility causing phytotoxicity.

Amend sections to define herbicides and related container sizes that should be considered restricted use or have restrictions due to product volatility causing phytotoxicity.

Amend sections to define herbicides and related container sizes that should be considered restricted use or have restrictions due to product volatility causing phytotoxicity.

George Huffman

Rules Coordinator

Legislature Code Reviser 

Register

Washington State Code Reviser's Office