Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule-making order amends chapter 16-482 WAC, Seed potato quarantine, by requiring all seed potatoes planted in Washington comply with the state national harmonization program for seed potatoes (SNHP). Specifically, this includes:
(1) Changing the regulated area to the entire state;
(2) Increasing the certification document retention period to a minimum of three years;
(3) Requiring growers to furnish certification documentation to the department within thirty days of a written request; and
(4) Modifying rule language to increase its clarity and readability.
Citation of Existing Rules Affected by this Order: Repealing WAC 16-482-007; and amending WAC 16-482-003, [(new section)] WAC 16-482-005, 16-482-010, 16-482-015, 16-482-017, and 16-482-020.
Statutory Authority for Adoption: Chapters 17.24 and 34.05 RCW.
Adopted under notice filed as WSR 07-07-107 on March 19, 2007.
Changes Other than Editing from Proposed to Adopted Version: Added the words "are regulated articles" to complete a sentence in WAC 16-482-005. The sentence now reads, "All seed potatoes used throughout the state for commercial plantings in excess of one acre or for any acreage of seed potato production are regulated articles." The change does not alter the meaning.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 6, Repealed 1; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 6, Repealed 1.
Date Adopted: May 3, 2007.
Valoria H. Loveland
WAC 16-482-003 Definitions. "Department" means the Washington state department of agriculture.
"State National Harmonization Program for seed potatoes" means the United States Department of Agriculture program regarding phytosanitary certification standards for seed potatoes and pest management.
[Statutory Authority: Chapter 17.24 RCW. 91-07-016 (Order 2075), § 16-482-005, filed 3/13/91, effective 4/13/91.]
(2) The department may sample and test any lot of seed potatoes or conduct field inspections for the purpose of testing and verification of compliance with this chapter.
[Statutory Authority: Chapter 17.24 RCW. 91-07-016 (Order 2075), § 16-482-010, filed 3/13/91, effective 4/13/91; Order 1126, § 16-482-010, filed 10/9/69, effective 11/10/69.]
(1) Potatoes planted for personal use or other noncommercial purposes;
(2) Commercial production, other than for production of seed potatoes, of not more than one acre; or
(3) Experimental or seed trial plots as provided in WAC 16-482-016.
[Statutory Authority: Chapter 17.24 RCW. 91-07-016 (Order 2075), § 16-482-015, filed 3/13/91, effective 4/13/91.]
[Statutory Authority: Chapter 17.24 RCW. 91-07-016 (Order 2075), § 16-482-017, filed 3/13/91, effective 4/13/91.]
(2) Seed potatoes planted and growing in violation of the terms of this quarantine may be destroyed or placed under quarantine, with terms and conditions for that quarantine specified by the director, at the option and expense of the grower or owners or their responsible agents. Potatoes, placed under quarantine for violation of the terms of this chapter and found to be infested or infected with a viral, fungal, bacterial or nematode disease by subsequent inspection or testing shall be destroyed at the expense of the grower, without compensation.
(3) In addition to the actions specified in subsections
(1) and (2) of this section, any grower violating the terms of
this quarantine shall be subject to civil and/or criminal
penalties provided ((
by)) in law(( s)).
[Statutory Authority: Chapter 17.24 RCW. 91-07-016 (Order 2075), § 16-482-020, filed 3/13/91, effective 4/13/91; Order 1126, § 16-482-020, filed 10/9/69, effective 11/10/69.]
The following section of the Washington Administrative Code is repealed:
|WAC 16-482-007||Regulated area.|