WASHINGTON STATE REGISTER

WSR 09-12-013

PERMANENT RULES

DEPARTMENT OF AGRICULTURE

[ Filed May 21, 2009, 2:48 p.m. , effective June 21, 2009 ]

аааааEffective Date of Rule: Thirty-one days after filing.

аааааPurpose: This rule amendment more accurately reflects the functions of the programs included in the department's pesticide management division.

аааааCitation of Existing Rules Affected by this Order: Amending WAC 16-06-165.

аааааStatutory Authority for Adoption: RCW 42.56.380, chapter 43.23 RCW.

аааааOther Authority: Chapter 34.05 RCW.

ааааа Adopted under notice filed as WSR 09-07-031 on March 10, 2009.

аааааNumber of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

аааааNumber of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

аааааNumber of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

аааааNumber of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

аааааNumber of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; аааааPilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

аааааDate Adopted: May 21, 2009.

Dan Newhouse

Director

OTS-2207.2

AMENDATORY SECTION(Amending WSR 09-03-032, filed 1/12/09, effective 2/12/09)

WAC 16-06-165 Department organization description by division and program. An organizational description by division and program is as follows:

Director's office:

Х The director's office covers legislative affairs, internal program review, domestic and international marketing, policy development and review, bioenergy coordination, agency communications, and quality and performance.

Administrative services division:

Х The administrative services division includes accounting, budget, payroll, forms and records, adjudicative proceedings, public disclosure, Washington administrative code filings, personnel office, information technology services, safety and risk management, commodity commission activities, and the fairs commission program.

Animal services division:

Х The animal health program conducts programs to monitor, diagnose, manage and eradicate specific animal diseases such as tuberculosis, scrapie, and poultry diseases, and conducts programs to prevent the introduction of foreign animal diseases. The program manages animal health emergencies and responds to certain animal welfare issues.

Х The livestock brand inspection program registers brands and inspects livestock when animal ownership changes or animals leave the state. This program provides services to cattle and horse owners in an effort to prevent theft of the animals and licenses feedlots and sales facilities. The establishment and licensure of livestock markets is also implemented within this program.

Х The animal identification program implements the voluntary national animal identification system in Washington state to facilitate the tracking of animals and managing animal disease outbreaks.

Commodity inspection division:

Х The fruit and vegetable inspection program provides phytosanitary certification, shipping point inspection, third-party grading of raw product for processing and export certification, and licenses controlled atmosphere storage facilities.

Х The grain inspection program provides inspection, analytical, and weighing services to ensure orderly commerce for grain, dry peas, lentils, rapeseed, and similar commodities produced in Washington state or shipped through Washington ports from other states.

Х The grain warehouse audit program licenses, bonds, and audits public grain storage warehouses and grain dealers who buy covered commodities from producers. Auditing procedures include verification of grain records and purchase contracts with producers, and a physical inventory of stored commodities at warehouses.

Х The seed program inspects fields for insects and disease; inspects and tests seed for purity and germination; provides phytosanitary certification for export; and issues labeling permits. The program areas of responsibility are seed certification, seed testing, phytosanitary inspection and testing, and seed law enforcement.

Food safety and consumer services division:

Х The food safety program inspects and licenses dairy and food processing facilities and provides services aimed to protect the public from injury and illness caused by food, dairy, and egg products that are contaminated, adulterated or otherwise unfit for consumption.

Х The livestock nutrient management program inspects dairy farms; provides assistance; and enforces laws that include state and federal water quality laws and rules regarding animal feeding operations.

Х The microbiology laboratory supports the food safety program by testing food and dairy products for quality measures and for food poisoning organisms, and by examining food products for contamination by insects, rodents or filth. The laboratory also supports animal health programs by testing animal blood and tissue for disease to aid in disease eradication programs and to allow animals to move interstate or internationally.

Х The organic food program inspects and licenses organic producers and processors. The program provides services to consumers and supports the organic food industry by ensuring that all food products making organic claims meet standards for organic production and labeling.

Pesticide management division:

Х The pesticide management division administers the laws and rules related to pesticides, animal feed and fertilizer, and administers the ((~~pesticide~~)) waste pesticide disposal program.

Х The pesticide compliance program enforces state and federal pesticide laws, ((~~animal feed laws and fertilizer laws;~~)) conducts routine inspections of pesticide applications and pesticide distribution facilities, and investigates ((~~complaints~~)) allegations of pesticide misuse.

Х The registration services program registers pesticides, fertilizer((s)) and animal feed((~~s sold and used~~)) distributed in ((~~the~~)) Washington; inspects fertilizer and feed manufacturing, storage and distribution facilities; conducts waste pesticide collection events; and conducts environmental assessments related to pesticide use in the state of Washington.

Х The certification and training program ((~~conducts waste pesticide disposal activities; provides interagency coordination on pesticide-related issues;~~)) provides outreach and safety training on the use of pesticides, ((~~including public outreach and new program development;~~)) licenses pesticide application equipment, ((~~pesticide dealers,~~)) structural pest inspectors, dealer managers, and commercial, public, and private pesticide applicators, operators and consultants; approves recertification courses; and tracks educational credits on pesticide and inspector licensees.

Plant protection division:

Х The chemistry and hop program supports several department programs by analyzing samples taken in investigations of alleged pesticide misuse; monitors food for pesticide residues; analyzes commercial feed and fertilizer samples to determine if they meet label guarantees; grades hops for seed, stem and leaf content; and analyzes hops for brewing value.

Х The commission merchants program licenses commission merchants, dealers, brokers, and cash buyers, which includes administering required bonds and the investigation of complaints.

Х The pest program provides services aimed to prevent the establishment of high-risk and exotic insects, plant diseases, weeds and other pest species through surveys, inspections, quarantines, and eradication projects.

Х Plant services program provides regulatory inspection of nurseries in an effort to provide consumers and the nursery industry with healthy, pest-free and disease-free plant materials; enforces quarantines to prevent pest introductions; and provides testing and inspection services to assure pest-free planting stock.

Х The weights and measures program checks prepackaged items to verify quantity of contents; inspects and tests commercial weighing and measuring devices; licenses public weighmasters and weighers; responds to consumer complaints; surveys labeling and advertising of products packaged or sold by weight, measure, or count; and develops standards and conducts compliance activities related to motor fuels and biofuels.

[Statutory Authority: Chapters 34.05, 42.56, and 43.23 RCW. 09-03-032, з 16-06-165, filed 1/12/09, effective 2/12/09. Statutory Authority: Chapters 42.17 and 43.23 RCW. 96-14-086, з 16-06-165, filed 7/2/96, effective 8/2/96.]

Х	The animal health program conducts programs to monitor, diagnose, manage and eradicate specific animal diseases such as tuberculosis, scrapie, and poultry diseases, and conducts programs to prevent the introduction of foreign animal diseases. The program manages animal health emergencies and responds to certain animal welfare issues.
Х	The livestock brand inspection program registers brands and inspects livestock when animal ownership changes or animals leave the state. This program provides services to cattle and horse owners in an effort to prevent theft of the animals and licenses feedlots and sales facilities. The establishment and licensure of livestock markets is also implemented within this program.
Х	The animal identification program implements the voluntary national animal identification system in Washington state to facilitate the tracking of animals and managing animal disease outbreaks.

Х	The fruit and vegetable inspection program provides phytosanitary certification, shipping point inspection, third-party grading of raw product for processing and export certification, and licenses controlled atmosphere storage facilities.
Х	The grain inspection program provides inspection, analytical, and weighing services to ensure orderly commerce for grain, dry peas, lentils, rapeseed, and similar commodities produced in Washington state or shipped through Washington ports from other states.
Х	The grain warehouse audit program licenses, bonds, and audits public grain storage warehouses and grain dealers who buy covered commodities from producers. Auditing procedures include verification of grain records and purchase contracts with producers, and a physical inventory of stored commodities at warehouses.

Х	The food safety program inspects and licenses dairy and food processing facilities and provides services aimed to protect the public from injury and illness caused by food, dairy, and egg products that are contaminated, adulterated or otherwise unfit for consumption.
Х	The livestock nutrient management program inspects dairy farms; provides assistance; and enforces laws that include state and federal water quality laws and rules regarding animal feeding operations.
Х	The microbiology laboratory supports the food safety program by testing food and dairy products for quality measures and for food poisoning organisms, and by examining food products for contamination by insects, rodents or filth. The laboratory also supports animal health programs by testing animal blood and tissue for disease to aid in disease eradication programs and to allow animals to move interstate or internationally.
Х	The organic food program inspects and licenses organic producers and processors. The program provides services to consumers and supports the organic food industry by ensuring that all food products making organic claims meet standards for organic production and labeling.

Х	The pesticide management division administers the laws and rules related to pesticides, animal feed and fertilizer, and administers the ((~~pesticide~~)) waste pesticide disposal program.
Х	The pesticide compliance program enforces state and federal pesticide laws, ((~~animal feed laws and fertilizer laws;~~)) conducts routine inspections of pesticide applications and pesticide distribution facilities, and investigates ((~~complaints~~)) allegations of pesticide misuse.
Х	The registration services program registers pesticides, fertilizer((s)) and animal feed((~~s sold and used~~)) distributed in ((~~the~~)) Washington; inspects fertilizer and feed manufacturing, storage and distribution facilities; conducts waste pesticide collection events; and conducts environmental assessments related to pesticide use in the state of Washington.
Х	The certification and training program ((~~conducts waste pesticide disposal activities; provides interagency coordination on pesticide-related issues;~~)) provides outreach and safety training on the use of pesticides, ((~~including public outreach and new program development;~~)) licenses pesticide application equipment, ((~~pesticide dealers,~~)) structural pest inspectors, dealer managers, and commercial, public, and private pesticide applicators, operators and consultants; approves recertification courses; and tracks educational credits on pesticide and inspector licensees.

Х	The chemistry and hop program supports several department programs by analyzing samples taken in investigations of alleged pesticide misuse; monitors food for pesticide residues; analyzes commercial feed and fertilizer samples to determine if they meet label guarantees; grades hops for seed, stem and leaf content; and analyzes hops for brewing value.
Х	The commission merchants program licenses commission merchants, dealers, brokers, and cash buyers, which includes administering required bonds and the investigation of complaints.
Х	The pest program provides services aimed to prevent the establishment of high-risk and exotic insects, plant diseases, weeds and other pest species through surveys, inspections, quarantines, and eradication projects.
Х	Plant services program provides regulatory inspection of nurseries in an effort to provide consumers and the nursery industry with healthy, pest-free and disease-free plant materials; enforces quarantines to prevent pest introductions; and provides testing and inspection services to assure pest-free planting stock.
Х	The weights and measures program checks prepackaged items to verify quantity of contents; inspects and tests commercial weighing and measuring devices; licenses public weighmasters and weighers; responds to consumer complaints; surveys labeling and advertising of products packaged or sold by weight, measure, or count; and develops standards and conducts compliance activities related to motor fuels and biofuels.

й Washington State Code Reviser's Office