WSR 04-07-170

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed March 24, 2004, 8:47 a.m. ]

Title of Rule: Chapter 16-324 WAC, Rules for the certification of seed potatoes.

Purpose: This proposal amends the current seed potato certification rules to (1) allow multiple varieties on field plot applications, (2) reduce two land use restrictions, (3) change the pest and disease tolerances, and (4) repeal the plant pathology laboratory fee schedule.

Statutory Authority for Adoption: Chapters 15.14 and 15.13 RCW, RCW 34.05.353 (1)(e), (2)(c).

Statute Being Implemented: Chapter 15.13 RCW.

Summary: Currently, seed potato growers have to submit a separate application and fee for each potato variety grown in a field plot. This proposal will allow growers to more easily test new potato varieties by putting multiple varieties on a single application for a field plot 1/8 acre or less. Due to the loss of available land for agricultural purposes, the need to reuse available fields on a more frequent basis has become necessary. This proposal will shorten the rotation period between seed potato crops which will provide growers with available land in the primary seed potato growing areas. Currently, there are separate tolerances for the first and second inspection for field diseases and pests. This proposal sets a single tolerance for the first and second inspection and puts the tolerances more in line with those of neighboring states. Finally, this proposal repeals all laboratory fee schedules, which are no longer relevant since disease testing of seed potatoes is conducted by an out-of-state laboratory.

Reasons Supporting Proposal: This proposal will reduce the application fees for testing new potato varieties and will allow the Washington seed potato industry to be more competitive in interstate and international markets.

Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Tom Wessels, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1984.

Name of Proponent: The Washington Seed Potato Commission, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Revising the rule for application and withdrawal to allow growers to put multiple varieties on a single application for a field plot 1/8 acre or less will allow growers to test new varieties more economically. Under the current rule growers have to submit a single application for each variety. This change may reduce the application fees for some growers.

A revision in the land requirement rule that would shorten the rotation period between seed potato crops is needed by the growers to assure that enough land is available in the primary seed potato area. The loss of available land due to urban expansion in Whatcom County has made it necessary to shorten the rotation period of seed potato fields.

The revision of the field inspection disease tolerances has eliminated separate tolerances for the first and second inspection and put the tolerances more in line with those of neighboring states.

The revision will repeal all laboratory fee schedules, which are no longer relevant since disease testing of seed potatoes is conducted by an out-of-state lab.

Proposal Changes the Following Existing Rules: This proposal amends the current seed potato certification rules by (1) allowing multiple varieties in field plot applications, (2) reducing two current land use restrictions, (3) changing the pest and disease tolerances, and (4) repealing the plant pathology laboratory fee schedule.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO George Huffman, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, e-mail ghuffman@agr.wa.gov , AND RECEIVED BY May 25, 2004.


March 24, 2004

Mary A. Martin Toohey

Assistant Director

OTS-7049.1


AMENDATORY SECTION(Amending WSR 02-12-010, filed 5/23/02, effective 6/23/02)

WAC 16-324-375   Application and withdrawal.   (1) To apply for certification, applicants must use the form provided by the department and furnish all information requested, including the date, name, signature and address of the applicant, lot number, seed source identification number, variety, class planted, acres, date planted, seed spacing at planting, average length of rows, year the field was last cropped to potatoes, along with their variety and lot number, and a map of the field location. Applications for certification must reach the department on or before June 15 of each year, accompanied by the appropriate fee, field location maps and evidence of eligibility such as tags or certificates. A North American Certified Seed Potato Health Certificate is required for evidence of eligibility for seed lots originating in other states or Canada, and must be submitted with the application. Unless prior approval has been granted, late applications will be assessed a late fee of twenty dollars per application. The department will not accept applications after July 10.

(2) Separate applications are required for each variety, seed source, and seed lot except as described in subsection (5) of this section.

(3) Separate applications are required for each field location that is separated by more than one hundred feet.

(4) Growers may withdraw a seed potato lot from certification for any reason by notifying the department in writing.

(5) Growers may use a single application for multiple varieties planted in a field plot totaling 1/8 acre or less. The application must contain the information required in subsection (1) of this section for each variety. Growers shall use one identification number for the field plot with a separate letter designation for each variety in the field plot.

[Statutory Authority: Chapter 15.14 RCW. 02-12-010, 16-324-375, filed 5/23/02, effective 6/23/02; 00-20-070, 16-324-375, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. 97-11-028, 16-324-375, filed 5/14/97, effective 6/14/97. Statutory Authority: Chapter 15.14 RCW. 91-10-029 (Order 2083), 16-324-375, filed 4/24/91, effective 5/25/91; 86-15-045 (Order 1897), 16-324-375, filed 7/17/86; 78-12-034 (Order 1587), 16-324-375, filed 11/21/78.]


AMENDATORY SECTION(Amending WSR 00-20-070, filed 10/3/00, effective 11/3/00)

WAC 16-324-393   Land requirements.   (1) The department will not accept any field infested with nematodes.

(2) Detection of ring rot in a field will make that field ineligible for production of certified seed potatoes for three years. Presence of volunteer potato plants in a field with ring rot history will disqualify the current field crop for certification. Plants outside of the defined row are considered volunteers.

(3) Nuclear class seed potatoes must be produced in a field that has not been planted with potatoes for at least ((six)) four years. (New ground is preferred.)

(4) Generation 1 class seed potatoes must be produced in a field that has not been planted with potatoes for at least ((four)) three years.

(5) Generation 2, 3, 4, and 5 class seed potatoes must be produced in a field that has not been planted with potatoes during the previous year unless the prior potato crop was certified seed potatoes of an earlier class of the same variety. Volunteer plants from a previously planted seed potato crop will cause the class designation of the current crop to be changed to the appropriate generation of the volunteer plants.

[Statutory Authority: Chapter 15.14 RCW. 00-20-070, 16-324-393, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. 97-11-028, 16-324-393, filed 5/14/97, effective 6/14/97.]


AMENDATORY SECTION(Amending WSR 02-12-010, filed 5/23/02, effective 6/23/02)

WAC 16-324-398   Field inspection disease tolerance.   (1) Compliance with a 0.0% tolerance is not intended, nor should it be construed, to mean that the lot inspected is free from the disease. It means that the disease was not detected during visual inspections of the seed lot.

(2) First and second field inspection tolerances, expressed as percentages.


Nuclear G 1 G 2 G 3 G 4 G 5
Factor ((1st 2nd 1st 2nd 1st 2nd 1st 2nd 1st 2nd 1st 2nd))
Varietal mixture 0.00 ((0.00)) 0.00 ((0.00 0.02)) 0.01 ((0.25)) 0.25 ((0.25)) 0.25 ((0.25)) 0.25
Mosaic 0.00 ((0.00)) 0.10 ((0.10 0.20)) 0.20 ((0.50)) 0.50 ((1.00)) 1.00 ((2.00 1.00)) 2.00
Leafroll 0.00 ((0.00)) 0.05 ((0.05 0.10)) 0.10 ((0.25)) 0.25 ((0.25)) 0.25 ((0.40)) 0.25
Total visible virus 0.00 ((0.00)) 0.10 ((0.00 0.50 0.50))

0.30

((0.75)) 0.75 ((1.25)) 1.25 ((2.40 1.25)) 2.25
Phytoplasmas 0.00 ((0.00)) 0.00 ((0.00 0.10)) 0.10 ((0.20)) 0.20 ((0.50)) 0.50 ((1.00)) 1.00
Black leg 0.00 ((0.00)) 0.10 ((0.10 0.50)) 0.50 ((1.00)) 1.00 ((2.00)) 2.00 ((4.00 2.00)) *
Ring rot 0.00 ((0.00)) 0.00 ((0.00 0.00)) 0.00 ((0.00)) 0.00 ((0.00)) 0.00 ((0.00)) 0.00
Nematode 0.00 ((0.00)) 0.00 ((0.00 0.00)) 0.00 ((0.00)) 0.00 ((0.00)) 0.00 ((0.00)) 0.00
Spindle tuber viroid and other quarantined pests 0.00 ((0.00)) 0.00 ((0.00 0.00)) 0.00 ((0.00)) 0.00 ((0.00)) 0.00 ((0.00)) 0.00

*Tolerance for black leg does not apply to G5.

[Statutory Authority: Chapter 15.14 RCW. 02-12-010, 16-324-398, filed 5/23/02, effective 6/23/02; 00-20-070, 16-324-398, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. 97-11-028, 16-324-398, filed 5/14/97, effective 6/14/97.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 16-324-720 Laboratory testing -- Fees.
WAC 16-324-730 ELISA testing for the presence of bacteria -- Fees.
WAC 16-324-740 Entry level primary test--Fees.
WAC 16-324-750 Tests for bacterial ring rot -- Fees.

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