WASHINGTON STATE REGISTER

WSR 09-15-006

AGENDA

DEPARTMENT OF AGRICULTURE

[ Filed July 1, 2009, 3:59 p.m. ]

牋牋 Following is the department of agriculture's semi-annual rules development agenda for the period of July 1 through December 31, 2009. This document is being sent to you in compliance with RCW 34.05.314.

牋牋 The department may undertake additional rule-making activity as conditions warrant. If you have any questions, please call Teresa Norman at (360) 902-2043 or e-mail tnorman@agr.wa.gov.

Semi-Annual Rules Agenda

July 1 - December 31, 2009

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

Animal Services Division

Chapter 16-54 WAC Animal importation Lynn Briscoe
Special Assistant to the State Veterinarian
phone (360) 902-1987
August 2009 December 2009 February 2010 Clarifying importation requirements for birds and poultry.

Chapter 16-70 WAC Animal diseases -- Reporting Lynn Briscoe
Special Assistant to the State Veterinarian
phone (360) 902-1987
August 2009 December 2009 February 2010 Reportable diseases.

Chapter 16-71 WAC Equine infectious anemia Lynn Briscoe
Special Assistant to the State Veterinarian
phone (360) 902-1987
August 2009 December 2009 February 2010 Equine diseases in Washington state.

Chapter 16-80 WAC Pseudorabies in swine Lynn Briscoe
Special Assistant to the State Veterinarian
phone (360) 902-1987
August 2009 December 2009 February 2010 Swine diseases in Washington state.

Chapter 16-604 WAC Public livestock markets Lynn Briscoe
Special Assistant to the State Veterinarian
phone (360) 902-1987
August 2009 December 2009 February 2010 Animal health regulations at public livestock markets.

Commodity Inspection Division

Chapters 16-301 and 16-302 WAC General seed regulations; general rules for seed certification Victor Shaul
Seed Program Operations Manager
phone (509) 225-2630
CR-105
May 2009
July 2009 Updating common and scientific names of prohibited, restricted, and objectionable weed seeds.

Food Safety and Consumer Services

Chapter 16-157 WAC Organic food standards and certification Miles McEvoy
Organic Food Program Manager
phone (360) 902-1924
CR-105
May 2009
July 2009 Adopting the September 11, 2006, version of the national organic program.

Chapter 16-157 WAC or new WAC Organic food standards and certification or new rule Miles McEvoy
Organic Food Program Manager
phone (360) 902-1924
July 2009 November 2009 TBD International organic program.

Chapter 16-167 WAC Intrastate commerce in foods Claudia Coles
Food Safety Program Manager
phone (360) 902-1905
October 2009 February 2009 TBD Updating references to federal law and review seafood HACCP requirements.

Chapter 16-170 WAC Special permits for slaughtering poultry Food Safety Program Manager
phone (360) 902-1905
April 2009 June 2009 July 2009 Revisions include all poultry and allow for a two year permit. Emergency rule will also be filed to cover until permanent rule is effective.

New WAC
Nora Mena
Livestock Nutrient Management Program Manager
phone (360) 902-2894
July 2009 November 2009 TBD Livestock nutrient management program enforcement and penalty matrix.

Pesticide Management Division

Chapter 16-230 WAC Use of chemicals and chemically treated materials in certain counties Cliff Weed
Compliance Program
Program Manager
phone (360) 902-2036
May 2009 August 2009 September 2009 Modify the nozzle requirements for air and ground applications. Definition change for "commercial vineyard."

Chapter 16-231 WAC Restricted use herbicides Cliff Weed
Compliance Program
Program Manager
phone (360) 902-2036
May 2009 August 2009 September 2009 Modify the nozzle requirements for air and ground applications. Definition change for "commercial vineyard."

Chapter 16-232 WAC Restricted use herbicides in certain counties Cliff Weed
Compliance Program
Program Manager
phone (360) 902-2036
May 2009 August 2009 September 2009 Modify the nozzle requirements for air and ground applications. Definition change for "commercial vineyard."

Chapter 16-233 WAC Worker protection standards Ann Wick
Program Development Program Manager
phone (360) 902-2051
CR-105
May 2009
July 2009 Adopt federal changes for use of glove liners.

Chapter 16-228 WAC Vertebrate control pesticides Cliff Weed
Compliance Program
Program Manager
phone (360) 902-2036
May 2009 August 2009 September 2009 Modify distribution and use requirements for rodenticides.

Chapter 16-230 WAC Use restricted herbicides Ann Wick
Program Development Program Manager
phone (360) 902-2051
CR-105
July 2009
September 2009 Correct error in section title.

Chapter 16-231 WAC Use restricted herbicides Ann Wick
Program Development Program Manager
phone (360) 902-2051
CR-105
July 2009
September 2009 Correct error in chapter heading.

Chapter 16-232 WAC Use restricted herbicides Ann Wick
Program Development Program Manager
phone (360) 902-2051
July 2009 September 2009 Correct error in chapter heading and section title.

Plant Protection Division

Chapter 16-354 WAC Hop rootstock certification Mary Toohey
Assistant Director
phone (360) 902-1907
April 2009 July 2009 September 2009 The department is proposing to amend the hop certification rule to change the criteria for certification. The proposal would add viroid and virus diseases to the list that certified hop planting stock needs to be free of. In addition, the department is proposing to revise the current language to make it more clear and readable and reflect current industry practices.

Chapter 16-401 WAC Nursery inspection fees (Christmas tree licensing) Tom Wessels
Plant Services Program Manager
phone (360) 902-1984
July 2009 September 2009 November 2009 The department is considering establishing Christmas tree licensing fees, as authorized in the 2009 session of the legislature.

Chapter 16-401 WAC Nursery inspection fees Tom Wessels
Plant Services Program Manager
phone (360) 902-1984
July 2009 August 2009 October 2009 The department is considering increasing the nursery dealer licensing fees and requested inspection fees, as authorized in the 2009 session of the legislature. In addition, the department may amend the existing language to increase its clarity and readability and update the language to conform to current industry and regulatory standards.

Chapter 16-470 WAC Quarantine -- Agricultural pests (eastern filbert blight quarantine) Tom Wessels
Plant Services Program Manager
phone (360) 902-1984
October 2008 May 2009 September 2009 The department is considering initiating a quarantine that would place restrictions on the importation of hazelnut plants into Washington state in response to eastern filbert blight and at the request of the hazelnut industry.

Chapter 16-470 WAC Quarantine -- Agricultural pests (onion white rot disease) Tom Wessels
Plant Services Program Manager
phone (360) 902-1984
April 2009 July 2009 August 2009 The department is proposing to revise the current onion white rot disease rule by adding Benton County to the existing pest-free area. In addition, the department may amend the existing language to increase its clarity and readability and update the language to conform to current industry and regulatory standards.

Chapter 16-470 WAC Quarantine -- Agricultural pests (apple maggot quarantine) Brad White
Pest Program Manager
phone (360) 902-2071
May 2009 July 2009 September 2009 The department is reviewing the apple maggot and plum curculio provisions of its agricultural quarantine rule and may propose to modify conditions and boundaries established in the rule. In addition, the department may amend the existing language to increase its clarity and readability and update the language to conform to current industry and regulatory standards.

Chapter 16-470 WAC Plant pathology fees Tom Wessels
Plant Services Program Manager
phone (360) 902-1984
July 2009 August 2009 October 2009 The department is considering increasing the laboratory diagnostic and postentry inspection fees, as authorized in the 2009 session of the legislature. In addition, the department may amend the existing language to increase its clarity and readability and update the language to conform to current industry and regulatory standards.

Chapter 16-497 WAC Hop disease quarantine Mary Toohey
Assistant Director
phone (360) 902-1907
April 2009 July 2009 September 2009 At the request of the affected industry, the department is proposing to amend the hop disease quarantine rule by adding viroid and virus diseases to the list that hop planting stock entering the state needs to be certified free of. In addition, the department is proposing to revise the current language to make it more clear and readable and to reflect current industry practices.

Chapter 16-623 WAC Commission Merchant Act -- Licensing fees, proof of payment, cargo manifest and registration of acreage commitments Kirk Robinson
Weights and Measures Program Manager
phone (360) 902-1856
July 2009 August 2009 October 2009 The department is considering increasing the fees for licenses issued under chapter 20.01 RCW, as authorized in the 2009 session of the legislature. In addition, the department may amend the existing language to increase its clarity and readability and update the language to conform to current industry and regulatory standards.

Chapter 16-662 WAC Weights and measures -- National handbook Kirk Robinson
Weights and Measures Program Manager
phone (360) 902-1856
April 2009 July 2009 September 2009 The department is considering adopting: (1) The 2009 edition of NIST Handbook 44 (Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices) as required by RCW 19.94.195; (2) the 2009 edition of NIST Handbook 130 (Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality); (3) modifications to the multi-tier pricing requirements specified in NIST Handbook 44 relative to motor fuels; and (4) modifications to the retail dispenser labeling requirements relative to lower blends of biodiesel specified in NIST Handbook 130 in compliance with statute.

Chapter 16-662 WAC Weights and measures -- National handbook (entrained water) Kirk Robinson
Weights and Measures Program Manager
phone (360) 902-1856
May 2009 July 2009 September2009 The department is considering adopting standards for entrained water in motor fuels.

Chapter 16-752 WAC Noxious weed control Tom Wessels
Plant Services Program Manager
phone (360) 902-1984
January 2009 July 2009 September 2009 The department is considering adding additional species to the wetland and aquatic weed quarantine and the noxious weed seed and plant quarantine, revising the permit provisions, and making the rule more clear and readable.

Teresa Norman

Rules Coordinator

WAC Number	Rule Title	Agency Contact	Tentative Timeline			Subject of Rule Making
			CR-101	CR-102	CR-103
Animal Services Division
Chapter 16-54 WAC	Animal importation	Lynn Briscoe Special Assistant to the State Veterinarian phone (360) 902-1987	August 2009	December 2009	February 2010	Clarifying importation requirements for birds and poultry.
Chapter 16-70 WAC	Animal diseases -- Reporting	Lynn Briscoe Special Assistant to the State Veterinarian phone (360) 902-1987	August 2009	December 2009	February 2010	Reportable diseases.
Chapter 16-71 WAC	Equine infectious anemia	Lynn Briscoe Special Assistant to the State Veterinarian phone (360) 902-1987	August 2009	December 2009	February 2010	Equine diseases in Washington state.
Chapter 16-80 WAC	Pseudorabies in swine	Lynn Briscoe Special Assistant to the State Veterinarian phone (360) 902-1987	August 2009	December 2009	February 2010	Swine diseases in Washington state.
Chapter 16-604 WAC	Public livestock markets	Lynn Briscoe Special Assistant to the State Veterinarian phone (360) 902-1987	August 2009	December 2009	February 2010	Animal health regulations at public livestock markets.
Commodity Inspection Division
Chapters 16-301 and 16-302 WAC	General seed regulations; general rules for seed certification	Victor Shaul Seed Program Operations Manager phone (509) 225-2630	CR-105 May 2009		July 2009	Updating common and scientific names of prohibited, restricted, and objectionable weed seeds.
Food Safety and Consumer Services
Chapter 16-157 WAC	Organic food standards and certification	Miles McEvoy Organic Food Program Manager phone (360) 902-1924	CR-105 May 2009		July 2009	Adopting the September 11, 2006, version of the national organic program.
Chapter 16-157 WAC or new WAC	Organic food standards and certification or new rule	Miles McEvoy Organic Food Program Manager phone (360) 902-1924	July 2009	November 2009	TBD	International organic program.
Chapter 16-167 WAC	Intrastate commerce in foods	Claudia Coles Food Safety Program Manager phone (360) 902-1905	October 2009	February 2009	TBD	Updating references to federal law and review seafood HACCP requirements.
Chapter 16-170 WAC	Special permits for slaughtering poultry	Food Safety Program Manager phone (360) 902-1905	April 2009	June 2009	July 2009	Revisions include all poultry and allow for a two year permit. Emergency rule will also be filed to cover until permanent rule is effective.
New WAC		Nora Mena Livestock Nutrient Management Program Manager phone (360) 902-2894	July 2009	November 2009	TBD	Livestock nutrient management program enforcement and penalty matrix.
Pesticide Management Division
Chapter 16-230 WAC	Use of chemicals and chemically treated materials in certain counties	Cliff Weed Compliance Program Program Manager phone (360) 902-2036	May 2009	August 2009	September 2009	Modify the nozzle requirements for air and ground applications. Definition change for "commercial vineyard."
Chapter 16-231 WAC	Restricted use herbicides	Cliff Weed Compliance Program Program Manager phone (360) 902-2036	May 2009	August 2009	September 2009	Modify the nozzle requirements for air and ground applications. Definition change for "commercial vineyard."
Chapter 16-232 WAC	Restricted use herbicides in certain counties	Cliff Weed Compliance Program Program Manager phone (360) 902-2036	May 2009	August 2009	September 2009	Modify the nozzle requirements for air and ground applications. Definition change for "commercial vineyard."
Chapter 16-233 WAC	Worker protection standards	Ann Wick Program Development Program Manager phone (360) 902-2051	CR-105 May 2009		July 2009	Adopt federal changes for use of glove liners.
Chapter 16-228 WAC	Vertebrate control pesticides	Cliff Weed Compliance Program Program Manager phone (360) 902-2036	May 2009	August 2009	September 2009	Modify distribution and use requirements for rodenticides.
Chapter 16-230 WAC	Use restricted herbicides	Ann Wick Program Development Program Manager phone (360) 902-2051	CR-105 July 2009		September 2009	Correct error in section title.
Chapter 16-231 WAC	Use restricted herbicides	Ann Wick Program Development Program Manager phone (360) 902-2051	CR-105 July 2009		September 2009	Correct error in chapter heading.
Chapter 16-232 WAC	Use restricted herbicides	Ann Wick Program Development Program Manager phone (360) 902-2051	July 2009		September 2009	Correct error in chapter heading and section title.
Plant Protection Division
Chapter 16-354 WAC	Hop rootstock certification	Mary Toohey Assistant Director phone (360) 902-1907	April 2009	July 2009	September 2009	The department is proposing to amend the hop certification rule to change the criteria for certification. The proposal would add viroid and virus diseases to the list that certified hop planting stock needs to be free of. In addition, the department is proposing to revise the current language to make it more clear and readable and reflect current industry practices.
Chapter 16-401 WAC	Nursery inspection fees (Christmas tree licensing)	Tom Wessels Plant Services Program Manager phone (360) 902-1984	July 2009	September 2009	November 2009	The department is considering establishing Christmas tree licensing fees, as authorized in the 2009 session of the legislature.
Chapter 16-401 WAC	Nursery inspection fees	Tom Wessels Plant Services Program Manager phone (360) 902-1984	July 2009	August 2009	October 2009	The department is considering increasing the nursery dealer licensing fees and requested inspection fees, as authorized in the 2009 session of the legislature. In addition, the department may amend the existing language to increase its clarity and readability and update the language to conform to current industry and regulatory standards.
Chapter 16-470 WAC	Quarantine -- Agricultural pests (eastern filbert blight quarantine)	Tom Wessels Plant Services Program Manager phone (360) 902-1984	October 2008	May 2009	September 2009	The department is considering initiating a quarantine that would place restrictions on the importation of hazelnut plants into Washington state in response to eastern filbert blight and at the request of the hazelnut industry.
Chapter 16-470 WAC	Quarantine -- Agricultural pests (onion white rot disease)	Tom Wessels Plant Services Program Manager phone (360) 902-1984	April 2009	July 2009	August 2009	The department is proposing to revise the current onion white rot disease rule by adding Benton County to the existing pest-free area. In addition, the department may amend the existing language to increase its clarity and readability and update the language to conform to current industry and regulatory standards.
Chapter 16-470 WAC	Quarantine -- Agricultural pests (apple maggot quarantine)	Brad White Pest Program Manager phone (360) 902-2071	May 2009	July 2009	September 2009	The department is reviewing the apple maggot and plum curculio provisions of its agricultural quarantine rule and may propose to modify conditions and boundaries established in the rule. In addition, the department may amend the existing language to increase its clarity and readability and update the language to conform to current industry and regulatory standards.
Chapter 16-470 WAC	Plant pathology fees	Tom Wessels Plant Services Program Manager phone (360) 902-1984	July 2009	August 2009	October 2009	The department is considering increasing the laboratory diagnostic and postentry inspection fees, as authorized in the 2009 session of the legislature. In addition, the department may amend the existing language to increase its clarity and readability and update the language to conform to current industry and regulatory standards.
Chapter 16-497 WAC	Hop disease quarantine	Mary Toohey Assistant Director phone (360) 902-1907	April 2009	July 2009	September 2009	At the request of the affected industry, the department is proposing to amend the hop disease quarantine rule by adding viroid and virus diseases to the list that hop planting stock entering the state needs to be certified free of. In addition, the department is proposing to revise the current language to make it more clear and readable and to reflect current industry practices.
Chapter 16-623 WAC	Commission Merchant Act -- Licensing fees, proof of payment, cargo manifest and registration of acreage commitments	Kirk Robinson Weights and Measures Program Manager phone (360) 902-1856	July 2009	August 2009	October 2009	The department is considering increasing the fees for licenses issued under chapter 20.01 RCW, as authorized in the 2009 session of the legislature. In addition, the department may amend the existing language to increase its clarity and readability and update the language to conform to current industry and regulatory standards.
Chapter 16-662 WAC	Weights and measures -- National handbook	Kirk Robinson Weights and Measures Program Manager phone (360) 902-1856	April 2009	July 2009	September 2009	The department is considering adopting: (1) The 2009 edition of NIST Handbook 44 (Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices) as required by RCW 19.94.195; (2) the 2009 edition of NIST Handbook 130 (Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality); (3) modifications to the multi-tier pricing requirements specified in NIST Handbook 44 relative to motor fuels; and (4) modifications to the retail dispenser labeling requirements relative to lower blends of biodiesel specified in NIST Handbook 130 in compliance with statute.
Chapter 16-662 WAC	Weights and measures -- National handbook (entrained water)	Kirk Robinson Weights and Measures Program Manager phone (360) 902-1856	May 2009	July 2009	September2009	The department is considering adopting standards for entrained water in motor fuels.
Chapter 16-752 WAC	Noxious weed control	Tom Wessels Plant Services Program Manager phone (360) 902-1984	January 2009	July 2009	September 2009	The department is considering adding additional species to the wetland and aquatic weed quarantine and the noxious weed seed and plant quarantine, revising the permit provisions, and making the rule more clear and readable.

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