Original Notice.

Preproposal statement of inquiry was filed as WSR 99-22-099.

Title of Rule: Prunus disease quarantine (formerly referred to as peach yellow, peach rosette and little peach disease rules) chapter 16-487 WAC.

Purpose: To amend existing rules to reflect changes in scientific knowledge and industry/program practices. Also, to convert the text to clear and readable format.

Statutory Authority for Adoption: Chapter 17.24 RCW.

Statute Being Implemented: Chapter 17.24 RCW.

Summary: These proposed changes update the quarantine to acknowledge current industry and regulatory practices and to utilize current scientific knowledge and terminology. In order for the existing quarantine to remain efficacious at excluding six diseases affecting many economically valuable Prunus species, it must be updated.

Reasons Supporting Proposal: The current rule text was adopted in 1991. Since that time, scientific discoveries, changes in industry and regulatory practices, and changes in terminology have made portions of the rule inaccurate. The proposal, which also converts the existing rule to clearer and more readable format, will make the rule easier to understand and more effective.

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: Washington State Department of Agriculture, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The existing rule excludes six diseases of Prunus (e.g. peaches, cherries, nectarines, plums, apricots, etc.) that are not currently found in this state. In order to accomplish this, the rule regulates importation of know carrier species and hosts from states known to have these diseases in their planting stock. The rule has been in effect since 1991, and it appears to be efficacious. The Fruit Tree Certification Advisory Committee, which is made up of fruit tree nursery stock producers, the most directly affected industry group, has advised us to maintain this quarantine effort. By maintaining and updating this rule, we anticipate a higher degree of certainty that these diseases will not become established and that this state will be able to avoid the negative effects and costs of infestation.

Proposal Changes the Following Existing Rules: Most of the proposed changes clarify the text and convert the rule to a more clear and readable format without substantive changes in meaning. Other changes include replacement of the term "mycoplasma like organism" with more accurate scientific terminology, addition of Pennsylvania to the list of states under quarantine for peach yellows, little peach, and red suture disease, substitution of American grape instead of blueberry on the list of susceptible plants and regulated articles for peach rosette mosaic virus disease, and acknowledgment of laboratory testing as a diagnostic tool for some diseases. The actual causal organisms for the various plant diseases have been removed from the list of regulated articles, as the diseases in question are caused by obligate parasites that cannot survive outside a susceptible host plant.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rule changes will have a net neutral or beneficial effect on affected parties. The existing rule protects Washington's fruit tree nursery industry (including producers of ornamental Prunus trees) and the state's Prunus (e.g. peach, apricot, cherry, plum, nectarine, etc.) fruit production capacity by excluding at least six phytoplasma or virus caused diseases which are not currently present in the state. If allowed to invade the state, these diseases would result in increased costs and decreased production for growers of these crops. They could also result in fewer sales of Washington-grown nursery stock. The rule changes make understanding and complying with the rule much easier for affected individuals and take advantage of scientific discoveries that will make the rule more effective.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Washington State Department of Agriculture is not a listed agency in section 201.

Hearing Location: Washington State Department of Agriculture, 21 North First Avenue, Conference Room 238 - A & B, Yakima, WA 98902, on November 16, 2000, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Lou Jones by November 8, 2000, TDD (360) 902-1996, or (360) 902-1806.

Submit Written Comments to: Mary A. Martin Toohey, Assistant Director, Laboratory Services Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504, e-mail mtoohey@agr.wa.gov, fax (360) 902-2094, by November 16, 2000.

Date of Intended Adoption: November 21, 2000.

October 4, 2000

Mary A. Martin Toohey

Assistant Director

((PEACH YELLOW, PEACH ROSETTE AND LITTLE PEACH DISEASE))

Prunus Disease Quarantine
AMENDATORY SECTION(Amending WSR 91-21-041, filed 10/11/91, effective 11/11/91)

WAC 16-487-005
Definitions.

(1) "Director" means the director of the washington state department of agriculture or the director's authorized representative.

     (2) "Department" means the washington state department of agriculture.

     (3) (("Mycoplasma-like organism" (MLO) means a submicroscopic infectious agent capable of producing disease symptoms in host plants.      MLOs do not have the outer protein coat that characterizes viruses.

     (4) "Symptomless carrier" means a plant which may be infected by or capable of hosting a disease agent but which does not show visible disease symptoms.

     (5))) "Growing ground" means any property within the area under quarantine on which planting ((nursery)) stock (((cuttings, budsticks, scions, rootstocks, or finished trees) are)) is produced for distribution or sale.

     (4) "Indicator plant" means any herbaceous or woody plant used to index or test for infection.

     (5) "Index" means to test for infection by means of inoculation from the plant to be tested to an indicator plant, or by any other method approved by the department.

     (6) "Planting stock" means any plant material used in the propagation of horticultural, floricultural or viticultural plants for the purpose of being sold, offered for sale or distributed for planting or reproduction purposes.

     (7) "Symptomless carrier" means a plant which may be infected by or capable of hosting a disease agent but which does not show visible disease symptoms.

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-005, filed 10/11/91, effective 11/11/91.]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 91-21-041, filed 10/11/91, effective 11/11/91)

WAC 16-487-010
Disposition of materials moved in violation(( -- Penalties)).

Regulated articles, shipped in violation of this chapter, will be denied entry into the state((,)) and returned to the point of origin or destroyed at the option and expense of the owner(s) or their responsible agent.      ((In addition, any person violating the terms of the quarantines in this chapter shall be subject to the criminal and civil penalties provided in law.))

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-010, filed 10/11/91, effective 11/11/91; Order 386, § 1, effective 3/30/43.]

Persons shipping regulated articles into the state of Washington from areas under quarantine by the provisions of this chapter must ((shall)) notify the Plant Services Program of the department(('s plant protection branch)) prior to shipment. At a minimum, notification must include ((of)) the nature and quantity of each shipment, its destination, its expected date of arrival, and the name of the intended receiver.      ((Such notification shall be by mail or telefax prior to shipment.))

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-015, filed 10/11/91, effective 11/11/91.]

(1) The provisions of this chapter ((shall)) do not apply to plants or propagative parts of plants imported for experimental purposes by the United States Department of Agriculture or the Washington State University agricultural experiment stations((: Provided)), if ((That)) a permit to import has been issued by the ((director)) department.

     (2) The department may issue special permits allowing entry of regulated articles otherwise prohibited in this chapter. The permit will state mandatory provisions or conditions under which entry is allowed.

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-017, filed 10/11/91, effective 11/11/91.]

The director has determined that peach yellows, little peach, and red suture diseases do not exist in the state of Washington and that the introduction of these diseases into the state would cause economic loss to the horticultural industries within the state.      To prevent this loss, a quarantine is hereby established against ((these mycoplasma-like organisms,)) the((ir)) host plants((,)) and possible carriers of peach yellows, little peach and red suture diseases.

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-020, filed 10/11/91, effective 11/11/91; Order 386, § 2, effective 3/30/43.]

All planting stock of the genus Prunus, except seeds, is ((The following articles are)) regulated under the ((terms of the)) peach yellows, little peach, and red suture disease quarantine, except those species listed in WAC 16-487-025.((:

     (1) The pathogens which cause peach yellows, little peach, and red suture diseases on peach.      The pathogen is an MLO.      All three diseases are considered to be caused by the same pathogen.

     (2) Trees and all parts capable of propagation including cuttings, budsticks, scions, and rootstocks, except seeds (fruit pits) of all species of the genus Prunus are declared hosts and possible carriers, except those listed in WAC 16-487-025)).

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-023, filed 10/11/91, effective 11/11/91.]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 91-21-041, filed 10/11/91, effective 11/11/91)

WAC 16-487-025
Peach yellows, little peach, and red suture disease quarantine -- Species not regulated.

The following species have been determined not to be hosts of peach yellows, little peach, and red suture diseases and are not regulated under WAC 16-487-020 through WAC 16-487-060 ((this quarantine)):

     Prunus avium ((mazzard cherry)), sweet cherry (((Prunus avium)))

     Prunus besseyi ((sand cherry)), western sand cherry (((Prunus besseyi)))

     Prunus cerasus, sour cherry (((Prunus cerasus)))

     Prunus caroliniana, American cherry laurel, Carolina cherry laurel (((Prunus caroliniana)))

     Prunus ilicifolia, California cherry, hollyleaf cherry (((Prunus ilicifolia)))

     Prunus laurocerasus, cherry laurel, English laurel (((Prunus laurocerasus)))

     Prunus lusitanica, Portugal laurel (((Prunus lusitanica)))

     Prunus lyonii, Catalina cherry (((Prunus lyonii)))

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-025, filed 10/11/91, effective 11/11/91.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 91-21-041, filed 10/11/91, effective 11/11/91)

WAC 16-487-030
Peach yellows, little peach, and red suture disease quarantine -- Quarantine area.

The entire states of Alabama, Connecticut, Delaware, Florida, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Michigan, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, West Virginia, and the District of Columbia are declared to be quarantine((d)) areas for peach yellows, little peach, and red suture diseases.

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-030, filed 10/11/91, effective 11/11/91; Order 386, § 3, effective 3/30/43.]

The following Prunus species ((of plum trees and all parts capable of propagation (including their use as understock for other species))) are symptomless carriers of peach yellows, little peach, and red suture diseases. All planting stock of these species, except seeds, ((and are)) is prohibited entry into Washington state:

     Prunus americana, American plum (((Prunus americana)))

     Prunus cerasifera, cherry plum, myrobalan plum,

"Antropurpurea," purple leaf plum (((Prunus cerasifera)))

     Prunus domestica, European plum, prune (((Prunus domestica)))

     Prunus hortulana, hortulan plum (((Prunus hortulana)))

     Prunus munsoniana, wild goose plum (((Prunus munsoniana)))

     Prunus salicina Japanese plum (((Prunus salicina)))

     hybrids of any of the ((above)) species named in this section and wild native species of plum.

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-040, filed 10/11/91, effective 11/11/91; Order 386, § 4, effective 3/30/43.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 91-21-041, filed 10/11/91, effective 11/11/91)

WAC 16-487-050
Peach yellows, little peach, and red suture disease quarantine -- Conditions for movement of regulated articles.

Regulated articles, as listed in WAC 16-487-023, ((Plants and propagative plant parts of the restricted Prunus species,)) other than symptomless carriers listed in WAC 16-487-040, ((or stock budded onto those symptomless carriers, shall)) may be permitted entry into the state if the plant protection organization of the state in which the planting stock was grown issues a certificate verifying ((provided)) that all four of the following requirements have been met:

     (1) Each species and variety is properly labeled as to scientific name and state of origin.

     (2) One of the following two conditions has been fulfilled: ((Each lot or shipment is accompanied by a certificate issued by the department of agriculture or state university certification program of the state of origin, verifying))

     (a) The planting stock was produced ((that these plants or plant parts have been certified)) in accordance with an ((the regulations of a)) official certification program of the state in which the planting stock was grown. The official certification program must ((which)) include((s)) inspection and indexing on suitable indicator plants ((hosts and/or by other official, recognized methods)) for peach yellows, little peach ((or)) and red suture diseases, or

     (b) The planting stock was tested and found free of the causal phytoplasma using a laboratory test protocol approved by the department. In order to ensure accurate test results, samples for testing must be collected late in the growing season. ((and certifying that the plants or plant parts meet official certification standards of the shipping state for freedom from peach yellows, little peach or red suture disease.))

     (3) Peach yellows, little peach, and red suture disease symptoms were ((have)) not ((been)) found on the growing grounds during the period when the planting stock was growing or budwood taken ((either on or within one mile of the growing grounds)).

     (4) No symptomless carriers ((plum species or other species on symptomless plum understock)) existed on the growing grounds during the production of the ((nursery)) planting stock, except symptomless carrier planting stock that meets the requirements of subsection (2) of this section.

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-050, filed 10/11/91, effective 11/11/91; Order 386, § 5, effective 3/30/43.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 91-21-041, filed 10/11/91, effective 11/11/91)

WAC 16-487-060
Peach yellows, little peach, and red suture disease quarantine -- Reshipment permitted under certificate.

Regulated articles, as listed in WAC 16-487-023, ((Certificates)) may be reshipped into Washington state from a quarantine area, as listed in WAC 16-487-030, if all three of the following conditions are fulfilled:

     (1) The planting stock was propagated in a non-quarantine state, and

     (2) The planting stock remained dormant at all times while it was in the quarantine area, and

     (3) A certificate issued by the plant protection organization of the state under quarantine accompanies the planting stock. ((issued for reshipment of dormant host trees and propagative parts which have been produced outside the areas under quarantine for peach yellows, little peach, and red suture diseases established in WAC 16-487-030 and which have remained dormant while within the area under quarantine.))      The c((C))ertificate((s)) must ((shall state the)) name ((of)) the state where the planting stock ((material)) was produced and declare ((state)) that the planting stock ((material)) remained dormant at all times while within the quarantine area.

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-060, filed 10/11/91, effective 11/11/91; Order 386, § 5, effective 3/30/43.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 91-21-041, filed 10/11/91, effective 11/11/91)

WAC 16-487-100
Peach rosette disease quarantine -- Establishing quarantine.

The director has determined that peach rosette disease is not present in the state of Washington and that the introduction of this disease would cause economic loss to the horticultural industries in the state.      To prevent this loss, a quarantine is hereby established against the ((mycoplasma-like organism, its)) host plants((,)) and possible carriers of the phytoplasma that causes peach rosette disease.

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-100, filed 10/11/91, effective 11/11/91.]

All planting stock, except seed, of all species of the genus Prunus except those listed in WAC 16-487-120 ((The following articles are)) is regulated under the terms of the)) peach rosette disease quarantine in WAC 16-487-100 through WAC 16-487-160.((:))

     (((1) The pathogen which causes peach rosette disease.      The pathogen is a mycoplasma-like organism.

     (2) Trees and all parts capable of propagation including cuttings, budsticks, scions, and rootstocks, except seed (fruit pits) of all species of the genus Prunus are declared possible hosts and carriers of peach rosette disease except those listed in WAC 16-487-120.))

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-110, filed 10/11/91, effective 11/11/91.]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 91-21-041, filed 10/11/91, effective 11/11/91)

WAC 16-487-120
Peach rosette disease quarantine -- Species not regulated.

The following species have been determined not to be carriers of peach rosette disease and are not regulated under ((the terms of)) the peach rosette disease quarantine in WAC 16-487-100 through WAC 16-487-160:

     Prunus caroliniana, American cherry laurel, Carolina cherry laurel (((Prunus caroliniana)))

     Prunus ilicifolia, holly leaf cherry, California cherry (((Prunus ilicifolia)))

     Prunus laurocerasus, cherry laurel, English laurel (((Prunus laurocerasus)))

     Prunus lusitanica, Portugal laurel (((Prunus lusitanica)))

     Prunus lyonii, Catalina cherry (((Prunus lyonii)))

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-120, filed 10/11/91, effective 11/11/91.]

The following Prunus species ((of plum trees)) and cultivars ((all parts capable of propagation (including their use as understock for other species), except seed,)) are symptomless carriers of peach rosette disease. All planting stock (except seed) ((and)) of these species and cultivars are prohibited entry into Washington state:

     Prunus armeniaca, the "Wilson" cultivar of apricot (((Prunus armeniaca)))

     Prunus cerasifera x P. Munsoniiana, Mariana plums (((Prunus cerasifera x P. Munsoniiana)

     any tree grafted on Mariana plum understock))

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-140, filed 10/11/91, effective 11/11/91.]

Regulated articles, as listed in WAC 16-487-110, ((Plants and all parts capable of propagation of the restricted Prunus species)), other than symptomless carriers listed in WAC 16-487-140 ((or stock budded onto those symptomless carriers)), ((shall)) may be permitted entry into the state if the planting stock is accompanied by a certificate issued the plant protection organization of the state in which the planting stock was grown. At a minimum, the certificate must state ((provided)) that all four of the following requirements have been met:

     (1) Each species and variety is properly labeled as to scientific name and state of origin.

     (2) One of the following two conditions has been complied with ((Each lot or shipment is accompanied by a certificate issued by the department of agriculture or state university certification program of the state of origin, verifying)):

     (a) The planting stock was grown in compliance ((that these plants or plant parts have been certified in accordance)) with the ((regulations)) conditions of an official certification program in the state in which the planting stock was grown, which includes inspection and indexing on suitable indicator plants to verify ((hosts and/or by other official, recognized methods for peach rosette disease and certifying that the plants or plant parts meet official certification standards of the shipping state for)) freedom from peach rosette disease((.)), or

     (b) The planting stock was tested through laboratory methods approved by the department and found free of the causal phytoplasma of peach rosette disease. Sampling for this test must be performed late in the growing season.

     (3) Peach rosette disease symptoms were ((have)) not ((been)) found during the period when the planting stock was growing or budwood taken ((either on or within one mile of the growing grounds)).

     (4) No symptomless carrier ((plum species or other species on symptomless plum understock)) listed in WAC 16-487-140 existed on the growing grounds during the production of the ((nursery)) planting stock, except symptomless carrier planting stock that fulfills the requirements in subsection (2) of this section.

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-150, filed 10/11/91, effective 11/11/91.]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 91-21-041, filed 10/11/91, effective 11/11/91)

WAC 16-487-160
Peach rosette disease quarantine -- Reshipment permitted under certification.

Regulated articles, as listed in WAC 16-487-110, ((Certificates)) may be reshipped into Washington state from a quarantine area, as listed in WAC 16-487-130, if all three of the following conditions are fulfilled:

     (1) The planting stock was propagated in a non-quarantine state, and

     (2) The planting stock remained dormant at all times while it was in the quarantine state, and

     (3) A certificate issued by the plant protection organization of the state under quarantine accompanies the planting stock. ((issued for reshipment of dormant host trees and propagative parts which have been produced outside the areas under quarantine for peach rosette disease established in WAC 16-487-130 and which have remained dormant while within the area under quarantine.))      The c((C))ertificate((s)) must ((shall state the)) name ((of)) the state where the planting stock ((material)) was produced and declare ((state)) that the planting stock ((material)) remained dormant at all times while within the quarantine area.

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-160, filed 10/11/91, effective 11/11/91.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 91-21-041, filed 10/11/91, effective 11/11/91)

WAC 16-487-200
Peach mosaic virus -- Establishing quarantine.

The director has determined that peach mosaic virus is not present in the state of Washington and that the introduction of this disease would cause economic loss to the horticultural industries in the state.      To prevent this loss, a quarantine is hereby established against the ((virus, its)) host plants((,)) and possible carriers of peach mosaic virus.

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-200, filed 10/11/91, effective 11/11/91.]

((The following articles are regulated under the terms of the peach mosaic virus quarantine:

     (1) Peach mosaic virus and any virus capable of causing symptoms identical with those of peach mosaic virus.))

     (((2))) All planting stock ((trees and parts of trees capable of propagation including cuttings, budsticks, scions, and rootstock)), except seeds (((fruit pits),)) of all species, varieties, and hybrids of almond, apricot, peach, plum, prune, ((and nectarine and)) Manchu cherry (Prunus tomentosa) and western sand cherry (Prunus besseyi) is regulated under the peach mosaic virus quarantine.

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-210, filed 10/11/91, effective 11/11/91.]

All regulated articles ((and commodities)) listed in WAC 16-487-210 from areas under quarantine, as listed in WAC 16-487-220, are prohibited entry into Washington state.

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-230, filed 10/11/91, effective 11/11/91.]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
[REPEALER]

     ((WAC 16-487-240 Peach mosaic virus quarantine -- Special permits. The director may issue special permits allowing entry of articles or commodities otherwise prohibited in WAC 16-487-210.      The permit shall state all mandatory provisions or conditions under which entry is allowed.

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-240, filed 10/11/91, effective 11/11/91.]))

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending WSR 91-21-041, filed 10/11/91, effective 11/11/91)

WAC 16-487-250
Peach mosaic virus -- Reshipment permitted under certificate.

Regulated articles, as listed in WAC 16-487-210, ((Certificates)) may be reshipped into Washington state from a quarantine area, as listed in WAC 16-487-220, if all three of the following conditions are fulfilled:

     (1) The planting stock was propagated outside the quarantine area, and

     (2) The planting stock remained dormant at all times while it was in the quarantine area, and

     (3) A certificate issued by the state plant protection organization for the quarantine area accompanies the planting stock. ((issued for reshipment of dormant host trees and propagative parts which have been produced outside the areas under quarantine for peach mosaic virus as established in WAC 16-487-220 and which have remained dormant while within the area under quarantine)).      The c((C))ertificate((s)) must ((shall state the)) name ((of)) the state where the planting stock ((material)) was produced and declare ((state)) that the planting stock ((material)) remained dormant at all times while within the quarantine area.

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-250, filed 10/11/91, effective 11/11/91.]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 91-21-041, filed 10/11/91, effective 11/11/91)

WAC 16-487-300
Peach rosette mosaic virus -- Establishing quarantine.

The director has determined that peach rosette mosaic virus is not present in the state of Washington and that the introduction of the disease would cause economic loss to the horticultural industries in the state.      To prevent this loss, a quarantine is hereby established against the ((virus (pest), its)) host plants((,)) and possible carriers of peach rosette mosaic virus.

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-300, filed 10/11/91, effective 11/11/91.]

((The following articles are regulated under the terms of the peach rosette mosaic virus disease quarantine:

     (1) Peach rosette mosaic virus (PRMV).))

     (((2))) All planting stock ((plants and parts of plants capable of propagation including cuttings, budsticks, scions, and rootstock,)) except seeds, of peach ((trees)) (Prunus persica) and ((blueberry plants)) American grape (Vitis lubrusca) is regulated under the peach rosette mosaic virus quarantine.

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-310, filed 10/11/91, effective 11/11/91.]

The ((counties of Berrien, Kalamazoo, and Van Buren in the state of Michigan are declared to be)) areas under quarantine for peach rosette mosaic virus disease are:

     (1) For peach planting stock, the counties of Berrien, Kalamazoo, and Van Buren in the state of Michigan((.))

     (2) For American grape, the entire state of Michigan.

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-320, filed 10/11/91, effective 11/11/91.]

All regulated articles ((and commodities)) listed in WAC 16-487-310 from the applicable areas under quarantine, as listed in WAC 16-487-320, are prohibited entry into Washington state((.)),unless the shipment is accompanied by a permit as described in WAC 16-487-335.

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-330, filed 10/11/91, effective 11/11/91.]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 91-21-041, filed 10/11/91, effective 11/11/91)

WAC 16-487-335
Peach rosette mosaic virus quarantine -- ((Special p))Permits for movement of regulated articles.

((The director may issue special permits allowing entry of articles or commodities otherwise prohibited in WAC 16-487-310.      The permit shall state all mandatory provisions or conditions under which entry is allowed.))

     Regulated articles, as listed in WAC 16-487-310, grown in the areas under quarantine, as listed in WAC 16-487-320, may be permitted entry into the state if the plant protection organization of the state in which the planting stock was grown issues a certificate verifying that both of the following requirements have been met:

     (1) Each species and variety is properly labeled as to scientific name and state of orgin.

     (2) The planting stock was produced in accordance with an official certification program of the state in which it was grown. The official certification program must include inspection and indexing for peach rosette mosiac virus.

[Statutory Authority: Chapter 17.24 RCW.      91-21-041, § 16-487-335, filed 10/11/91, effective 11/11/91.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
[REPEALER]

     The following section of the Washington State Administrative Code is repealed:

WAC 16-487-240

Peach mosiac virus quarantine -- Special permits

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

© Washington State Code Reviser's Office