WSR 03-03-124

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed January 22, 2003, 8:50 a.m. ]

Title of Rule: Chapter 16-321 WAC, Grass sod -- Certification standards.

Purpose: This chapter was adopted by the department in 1980 as a voluntary program for the purpose of maintaining high quality sod of turf grasses and making it available to the public. The program's intent was to insure that turf grass sods maintained their genetic identity and purity and were free, to a high degree, from weeds, diseases, injurious insects, and other pests. To the department's knowledge, no one has ever participated in this program and it is not wanted by industry. Therefore, the department, after conducting an Executive Order 97-02 rule review, is proposing to use the expedited rule-making process to repeal the entire chapter because the rule is no longer necessary due to changed circumstances (RCW 34.05.353 (2)(c)). There are currently no growers of certified sod in this state, and there does not appear to have been any in at least a decade.

Statutory Authority for Adoption: Chapters 15.13 and 34.05 RCW.

Statute Being Implemented: Chapter 15.13 RCW.

Summary: This proposal repeals chapter 16-321 WAC in its entirety. There are currently no growers of certified sod in this state, and there does not appear to have been any in at least a decade. The rule is not needed.

Reasons Supporting Proposal: There are currently no growers of certified sod in this state. This rule is unnecessary because it is neither used nor wanted by industry.

Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street S.E., Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Tom Wessels, 1111 Washington Street S.E., 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 purpose of this chapter is to maintain and make available to the public high quality sod of turfgrasses to insure genetic identity and purity and high degree of freedom from weeds, diseases, injurious insects, and other pests. The department is proposing to repeal the entire chapter. Participation in the program is voluntary and to the department's knowledge no one has participated in the program since it was adopted in 1980. There are currently no growers of certified sod in this state, and there does not appear to have been any in at least a decade.

Proposal Changes the Following Existing Rules: This proposal repeals the entire chapter. This rule is neither used nor wanted by industry.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Mary A. Martin Toohey, Assistant Director, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560 , AND RECEIVED BY March 24, 2003.


January 22, 2003

Mary A. Martin Toohey

Assistant Director

OTS-6151.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 16-321-001 Purpose.
WAC 16-321-010 Grass sod certification standards.
WAC 16-321-020 By whom certified.
WAC 16-321-030 Varieties eligible.
WAC 16-321-040 Application for sod certification.
WAC 16-321-050 Certification fees.
WAC 16-321-060 Land requirements.
WAC 16-321-070 Eligibility of seed stock.
WAC 16-321-080 Field standards.
WAC 16-321-090 Specific requirements.
WAC 16-321-100 Inspection.
WAC 16-321-110 Labeling.
WAC 16-321-120 Responsibility and obligations.

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