WSR 05-04-062

AGENDA

DEPARTMENT OF AGRICULTURE


[ Filed January 31, 2005, 10:20 a.m. ]

Following is the Department of Agriculture's semi-annual rules development agenda for the period January 31, 2005, through June 30, 2005, 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.


Semi-Annual Rules Agenda, January 1, 2005 - June 30, 2005

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



WAC Number Rule Title Agency Contact CR-101 Tentative Timeline CR-102 CR-103 Subject of Rule Making
Commodity Inspection Division
Chapter 16-239 WAC WSDA grain inspection program -- Definitions, standards, fees and charges. Randy Deike

Grain Inspection

Program Manager

phone (360) 902-1921

2-2-05 3-23-05 5-18-05 The department proposes to repeal chapter 16-239 WAC and replace it with chapter 16-240 WAC, which will be written in a clear and readable style and format. The proposed new chapter will:

Simplify grain inspection fees by deleting many minor fee categories.

Change the calculation of inspection fees assessed by the ton from a short-ton fee basis (2000 pounds) to a metric-ton fee basis (2204.6 pounds).

Increase some line item fees in excess of the fiscal growth factor.

Chapter 16-390 WAC WSDA fruit and vegetable inspection districts, inspection fees and other charges. Jim Quigley

Fruit and Vegetable Inspection Program Manager

phone (360) 902-1883

2-2-05 3-23-05 5-18-05 The WSDA's fruit and vegetable inspection program is proposing to amend chapter 16-390 WAC. The proposed amendments will increase the following fees in excess of the Office of Financial Management fiscal growth rate factor:

All cwt. fees.

The minimum charge for a certificate of compliance (WAC 16-390-150 (4)(a)).

The field or orchard per acre inspection fee (WAC 16-390-220(1)).

The department is also proposing a volume discount for apples and pears that are inspected and certified on-line for domestic shipment, controlled atmosphere certification, etc.


The department's current hourly rates (regular and overtime), phytosanitary certification, minimum certification rates and customer assisted inspection program (CAIP) fees will not change.

Chapter 16-403 WAC Standards for apples marketed within the state of Washington. Jim Quigley

Fruit and Vegetable Inspection Program Manager

phone (360) 902-1883

TBD TBD TBD Rewrite in a clear and readable format and possibly amend to mimic United States grades.
Chapter 16-404 WAC Standards for summer apples marketed within Washington. Jim Quigley

Fruit and Vegetable Inspection Program Manager

phone (360) 902-1883

TBD TBD TBD Since this chapter is now obsolete, the department will use the expedited rule making process to repeal it.
Chapter 16-406 WAC Standards for apricots. Jim Quigley

Fruit and Vegetable Inspection Program Manager

phone (360) 902-1883

TBD TBD TBD Rewrite in a clear and readable format.
Chapter 16-409 WAC Standards for asparagus. Jim Quigley

Fruit and Vegetable Inspection Program Manager

phone (360) 902-1883

TBD TBD TBD Rewrite in a clear and readable format.
Chapter 16-414 WAC Cherries. Jim Quigley

Fruit and Vegetable Inspection Program Manager

phone (360) 902-1883

TBD TBD TBD Rewrite in a clear and readable format.

Chapter 16-436 WAC Washington standards for peaches. Jim Quigley

Fruit and Vegetable Inspection Program Manager

phone (360) 902-1883

TBD TBD TBD Rewrite in a clear and readable format.

Chapter 16-439 WAC Pears, summer and fall. Jim Quigley

Fruit and Vegetable Inspection Program Manager

phone (360) 902-1883

TBD TBD TBD Rewrite in a clear and readable format.

Chapter 16-442 WAC Winter pears. Jim Quigley

Fruit and Vegetable Inspection Program Manager

phone (360) 902-1883

TBD TBD TBD Rewrite in a clear and readable format.

Chapter 16-445 WAC Standards for Italian prunes. Jim Quigley

Fruit and Vegetable Inspection Program Manager

phone (360) 902-1883

TBD TBD TBD Rewrite in a clear and readable format.
Chapter 16-448 WAC Standards for potatoes. Jim Quigley

Fruit and Vegetable Inspection Program Manager

phone (360) 902-1883

TBD TBD TBD Since this chapter is no longer necessary due to United States grades and standards, the department will use the expedited rule-making process to repeal it.
Chapter 16-301 WAC General seed regulations. Fawad Shah

Seed Program

Program Manager

phone (509) 225-2682

9-15-04 TBD TBD In response to a petition from the Puget Sound Seed Growers Association, the department has formed a work group to develop amendments to chapter 16-301 WAC that satisfy petitioner concerns.
WAC 16-303-340 Seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum and small grains. Fawad Shah

Seed Program

Program Manager

phone (509) 225-2682

11-2-04 12-22-04 2-14-04 The department is proposing to increase fees in this section by the fiscal growth rate factor for fiscal year 2005 (3.03%).
WAC 16-319-001, 16-319-002, 16-319-003, 16-319-004, 16-319-006 and 16-319-007 Promulgation.

Fawad Shah

Seed Program

Program Manager

phone (509) 225-2682

11-2-04 12-22-04 2-14-04 The department is proposing to repeal "Promulgation" sections and increase fees in WAC 16-319-041 by the fiscal growth rate factor for fiscal year 2005 (3.03%).
WAC 16-319-041 Application for certification of forest reproductive material.
Chapter 16-303 WAC Fees for seed certification or other services. Fawad Shah

Seed Program

Program Manager

phone (509) 225-2682

TBD TBD TBD The department is proposing to increase the fees in this chapter beyond the fiscal growth rate factor. It will also correct several typographical errors.
WAC 16-237-195 Fees for warehouse audit and related services Don Michelbook

Warehouse Audit Program

Program Manager

phone (509) 533-2488

11-2-04 12-22-04 3-15-05 The department is proposing a fee for services performed when conducting special year-end inventories requested by licensed warehouse operators and is proposing fee increases beyond the fiscal growth rate factor for the services performed by the warehouse audit program.
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 year 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

State restricted use pesticides for distribution by licensed pesticide dealers and for use by certified applicators only. 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.
WAC 16-228-1250 Phenoxy herbicide restrictions. 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.
WAC 16-230-400 through 16-230-470 Restricted use herbicides -- Spokane County.
WAC 16-230-600 through 16-230-675 High volatile ester and dust formulations, area under order and specific rules for Eastern Washington.
WAC 16-230-800 through 16-230-868 Application of pesticides in Benton County.
WAC 16-231-100 through 16-231-183 Restricted use herbicides -- Franklin County.
WAC 16-231-200 through 16-231-235 Restricted use herbicides -- Yakima County.
WAC 16-231-300 through WAC 16-231-335 Restricted use herbicides -- Adams 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.
WAC 16-231-400 through 16-231-425 Restricted use herbicides -- Columbia County.
WAC 16-231-500 through 16-231-530 Restricted use herbicides -- Whitman County.
WAC 16-231-600 through 16-231-620 Restricted use herbicides -- Klickitat County.
WAC 16-231-700 through 16-231-725 Restricted use herbicides -- Okanogan County.
WAC 16-231-800 through 16-231-840 Restricted use herbicides -- Douglas and Chelan counties.
WAC 16-231-900 through WAC 16-231-935 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.
WAC 16-232-001 through 16-232-077 Restricted use herbicides and application of pesticides -- Walla Walla County.
WAC 16-232-100 through 16-232-120 Restricted use herbicides -- Lincoln County.
WAC 16-232-200 through 16-232-225 Restricted use herbicides -- Garfield County.
WAC 16-232-300 through 16-232-315 Restricted use herbicides -- Kittitas County.
WAC 16-229-010 Definitions. Cliff Weed

Program Manager

Pesticide Compliance

phone (360) 902-2036

7-7-04 12-20-04 2-11-05 In response to a petition received from the Washington State Horticultural Association, the department is considering amending WAC 16-229-010 Definitions, to exempt pesticides containing only Kaolin clay as the active ingredient from the definition of "pesticide." If exempt, pesticides containing only Kaolin clay as the active ingredient would no longer be counted for the purpose of establishing permanent mixing/loading site threshold.
Plant Protection Division
NEW WAC Planting stock certification. Tom Wessels

Plant Services Program Manager

phone (360) 902-1984

3-3-04 TBD TBD The department is considering developing and adopting permanent rules to establish standards, fees and other provisions for a planting stock certification program for some types of nursery stock such as rhododendrons.
Chapter 16-218 WAC Hops -- Certification analyses -- Fees. Mary Toohey

Assistant Director

Plant Protection Divisions

phone (360) 902-1907

9-21-04 TBD TBD The department will propose increases in the fees in chapter 16-218 WAC and rewrite the chapter in a clear and readable format.
WAC 16-470-101 through 16-470-130 Apple maggot and plum curculio. Brad White

Pest Program Manager

phone (360) 902-2071

12-21-04 TBD TBD The department is reviewing its regulation relating to apple maggot and plum curculio, nonnative insect pests potentially affecting tree fruit industries and related crops in all parts of the state. The department may amend WAC 16-470-101 through 16-470-130 so the requirements:

Reflect the most recent scientific data about these insects;

Are easier to read and understand;

Reflect current industry practices and needs;

Incorporate current national and international regulatory standards as appropriate; and

Facilitate compliance.

Chapter 16-623 WAC Commission Merchants Act. Jerry Buendel

Weights and Measures Program Manager

phone (360) 902-1856

11-17-04 TBD TBD The department will propose to increase the licensing fees in chapter 16-623 WAC beyond the fiscal growth rate factor and also plans to rewrite the chapter in a clear and readable format.
Chapter 16-662 WAC Weights and measures -- National handbook. Jerry Buendel

Weights and Measures Program Manager

phone (360) 902-1856

N/A TBD TBD The department will use the expedited rule-making process to adopt annual handbook updates.
Agency Operations
WAC 16-07-001 Unsigned ballot envelopes: Elections for advisory votes, referenda, and board selection. Lynn Briscoe

WSDA Commodity Commission Coordinator

phone (360) 902-2043

12-20-04 TBD TBD The department is developing rules that establish department procedures for conducting commodity commission elections. Specifically, the procedures that the department will follow when it receives unsigned ballot envelopes.
Chapter 16-730 WAC Asparagus equipment leasing program. Greg Wright

Program Coordinator

phone (360) 902-1918

12-22-04 TBD TBD Permanent rules are needed to implement recent budget legislation that is intended to help maintain a viable asparagus industry in Washington state.

George Huffman

Rules Coordinator

Washington State Code Reviser's Office