WSR 03-04-068

AGENDA

DEPARTMENT OF AGRICULTURE


[ Filed January 31, 2003, 8:02 a.m. ]

Following is the Department of Agriculture's semi-annual rules development agenda for the period January 1, 2003, through June 30, 2003, which is being sent in compliance with RCW 34.05.314.

If you have any questions, please call George Huffman at (360) 902-1802 or e-mail ghuffman@agr.wa.gov.


Washington State Department of Agriculture

Semi-Annual Rules Agenda

January 1, 2003 - June 30, 2003

P.O. Box 42560, Olympia, WA 98504-2560



WAC Number Rule Title Agency Contact CR-101 Tentative Timeline

CR-102

CR-103 Subject of Rule Making
Pesticide Management Division
WAC 16-228-1231 State restricted use pesticides for distribution by licensed pesticide dealers and for use by certified applicators only. Ted Maxwell

Program Manager

Pesticide Management Division

phone (360) 902-2026

11-6-02 1-2-03 2-11-03 WSDA proposes to amend WAC 16-228-1231(2) to add pesticide products labeled only for "home and garden aquatic use for control of mosquito larvae" to the list of products that are exempt from "state restricted use" status.
WAC 16-228-1460 Experimental use permits. Ted Maxwell

Program Manager

Pesticide Management Division

phone (360) 902-2026

9-4-02 3-03 9-03 WAC 16-228-1460 will be amended to:

Clarify the requirements and restrictions that apply to individual experimental use permits.

Expand the definition of "collective experimental use permits" to include "organizations, pesticide registrants, or persons licensed by the department to conduct demonstration and research activities" on land they own or control.

Define the term "control."

Require that any unused experimental use pesticide that does not have a registered use in Washington state must be returned to the manufacturer or disposed of properly.

WAC 16-229-010 Definitions. Cliff Weed

Program Manager

Pesticide Compliance

phone (360) 902-2036

8-22-01 1-03 3-03 Amend the current definition of pesticide temporary field storage containers to allow containers of more than 2,500 gallons.
WAC 16-231-107

WAC 16-231-149

Application of pesticides in Franklin County -- Restricted use pesticides.

Restricted use herbicides -- Franklin County -- Area 2A.

Cliff Weed

Program Manager

Pesticide Compliance

phone (360) 902-2036

2-5-03

(CR-105)

Expedited

Adoption

4-8-03 Amendments will correct errors in the current rule: Areas 2B, 4 and 6 should be 2A, 4A and 6 in WAC 16-231-107. In WAC 16-231-149, Area 2 should be 2A.
Thiamethoxam Special restrictions may be placed upon pesticides containing the active ingredient thiamethoxam (Actara). Cliff Weed

Program Manager

Pesticide Compliance

phone (360) 902-2036

11-6-02 1-2-03 2-11-03 The department has received several reports of bee kills that appear to be related to the use of Actara (active ingredient -thiamethoxam) in pome fruits. The label restrictions for Actara do not appear to be adequate to prevent the occurrence of additional bee kills. Honeybees are essential for the pollination of pome fruits and need enhanced protection.
Thiamethoxam (continued) Special restrictions may be placed upon pesticides containing the active ingredient thiamethoxam (Actara). Cliff Weed

Program Manager

Pesticide Compliance

phone (360) 902-2036

11-6-02 1-2-03 2-11-03 WSDA is proposing the adoption of rules that restrict the use of thiamethoxam in pome fruits if the Actara label is not revised to provide adequate protection of pollinators. The department intends to repeal the rule when it and the registrant have determined that existing stocks of Actara have been exhausted.

WSDA is not currently considering any restrictions which would prohibit the use of Actara, rather restrictions are being considered which will allow the use of Actara while at the same time provide adequate protection for pollinators.

Plant Protection Division
Chapter 16-321 WAC Grass sod -- Certification standards. Tom Wessels

Program Manager

Plant Services

phone (360) 902-1984

1-22-03 (CR-105) Expedited Repeal 3-25-03 Repeal a rule chapter that is neither used nor wanted by industry. Repeal of this chapter will not impair the health, welfare or safety of Washington's citizens.
Chapter 16-401 WAC, excluding WAC 16-401-050 Annual assessment -- Fruit tree material. Nursery inspection fees. Tom Wessels

Program Manager

Plant Services

phone (360) 902-1984

11-20-02 3-19-03 5-29-03 Propose increasing nursery inspection fees by 2003 fiscal growth rate factor (3.29%) effective June 30, 2003, and by 2004 factor (3.20%) effective July 1, 2003. These fees fund the nursery inspection program and allow plant services staff to provide requested services to the industry. These services include phytosanitary certification for shipping nursery stock. An increase in applicable rates and charges and in miscellaneous charges equal or less than the fiscal growth factor is necessary to offset increased operational expenses.
WAC 16-401-060 Annual assessment -- Grapevines. Tom Wessels

Program Manager

Plant Services

phone (360) 902-1984

7-3-02 1-22-03 3-03 New section. Rule making resulting from amendments to chapter 15.13 RCW authorizing the department to collect an assessment on grapevine nursery stock sold in the state and establish the assessment rate in rule.
WAC 16-470-900 through 16-470-921 Plant pest detection, testing and inspection fees and documentation. Tom Wessels

Program Manager

Plant Services

phone (360) 902-1984

11-20-02 3-19-03 5-29-03 Propose increasing plant pest detection, testing and inspection fees and documentation by 2003 fiscal growth rate factor (3.29%) effective June 30, 2003, and by 2004 factor (3.20%) effective July 1, 2003. These fees fund inspection and plant pathology testing of agriculture products for phytosanitary certification. The plant protection division provides these services on a fee for services basis. An increase in applicable rates and charges and in miscellaneous charges equal to or less than the fiscal growth factor is necessary to offset increased program operating expenses.
WAC 16-465-001 and

WAC 16-465-060

Promulgation.

Effective date.

Tom Wessels

Program Manager

Plant Services

phone (360) 902-1984

12-19-02 (CR-105) Expedited Repeal 2-19-03 Repeal rule sections that are anachronistic and unnecessary.
WAC 16-328-010

WAC 16-328-011

Strawberry plant certification fees.

Strawberry plant certification fees.

Tom Wessels

Program Manager

Plant Services

phone (360) 902-1984

1-22-03 3-19-03 5-29-03 Department proposes to repeal WAC 16-328-010 and amend WAC 16-328-011 to increase fees for fiscal years 2003 and 2004 by the fiscal growth rate factors for those years. The fiscal growth rate factor for 2003 is 3.29% and for 2004 it is 3.2%. The fee increases are necessary to cover the increased cost of providing plant services program services to the industry.
WAC 16-333-040

WAC 16-333-041

Caneberry certification fees effective June 30, 2001.

Caneberry certification fees effective July 1, 2001.

Tom Wessels

Program Manager

Plant Services

phone (360) 902-1984

1-22-03 3-19-03 5-29-03 Department proposes to repeal WAC 16-333-040 and amend WAC 16-333-041 to increase fees for fiscal years 2003 and 2004 by the fiscal growth rate factors for those years. The fiscal growth rate factor for 2003 is 3.29% and for 2004 it is 3.2%. The fee increases are necessary to cover the increased cost of providing plant services program services to the industry.
Chapter 16-657 WAC Retail pricing of motor and heating fuel. Jerry Buendel

Program Manager

Weights and Measures

phone (360) 902-1856

1-22-03 4-23-03 6-03 Executive Order 97-02 review of chapter 16-657 WAC with possible revisions based upon industry recommendations.
Chapter 16-659 WAC Weights and measures -- Liquefied petroleum gas. Jerry Buendel

Program Manager

Weights and Measures

phone (360) 902-1856

1-22-03 4-23-03 6-03 Executive Order 97-02 review of chapter 16-659 WAC with possible revisions based upon industry recommendations.
Chapter 16-662 WAC Weights and measures -- National handbooks. Jerry Buendel

Program Manager

Weights and Measures

phone (360) 902-1856

1-22-03 (CR-105) Expedited Adoption 3-25-03 Update references to reflect current national handbooks and amend WAC 16-662-110 (1)(a) to comply with national standards.
Food Safety, Animal Health and Consumer Services Division
Chapter 16-100 WAC Refrigerated locker establishments--Recording thermometers. Claudia Coles

Program Manager

Food Safety, Animal Health and Consumer Services

phone (360) 902-1905

2-5-03

(CR-105)

Expedited Repeal 4-22-03 Repeal a rule chapter that is no longer needed.
Chapter 16-600 WAC Honey. Claudia Coles

Program Manager

Food Safety, Animal Health and Consumer Services

phone (360) 902-1905

2-5-03

(CR-105)

Expedited Repeal 4-22-03 Repeal a rule chapter that is no longer needed.
WAC 16-720-001 Promulgation. Claudia Coles

Program Manager

Food Safety, Animal Health and Consumer Services

phone (360) 902-1905

2-5-03

(CR-105)

Expedited Repeal 4-22-03 Repeal a rule section that is unnecessary.
Agency Operations Division
Chapter 16-06 WAC Public records. Dannie McQueen

Program Manager

Administrative Regulations Program

Agency Operations Division

phone (360) 902-1809

1-22-03 7-23-03 9-17-03 As part of the department's ongoing rule review under Executive Order 97-02, the department plans to amend chapter 16-06 WAC, procedural rules for the disclosure of public records. Department proposed amendments will update the chapter to reflect the department's current organizational structure as required by RCW 42.17.250 (1)(a). Updating chapter 16-06 WAC will help individuals to identify the department program that is the official holder of public records being sought.
Commodity Inspection Division
Chapter 16-449 WAC

Chapter 16-459 WAC

Chapter 16-690 WAC

Washington controlled atmosphere storage requirements for winter pears.

Controlled atmosphere storage.

Fruit storage.

Jim Quigley

Program Manager

Commodity Inspection Division

phone (360) 902-1883

8-7-02 3-19-03 5-1-03 Combine the three chapters into one chapter containing the controlled atmosphere requirements for fruits and vegetables.
WAC 16-319-041 Application for certification of forest reproductive material. Graydon Robinson

Program Manager

WSDA Seed Program

21 North 1st Avenue

Suite 203

Yakima, WA 98902

phone (509) 225-2630

fax (509) 454-4395

Keith Pfeifer

Manager

Washington State Crop Improvement Association

414 South 46th Avenue

Yakima, WA 98908

phone (509) 966-2234

fax (509) 966-2494

11-4-02 12-31-02 2-19-03 Proposed fee increases requested by industry to increase seed certification fees for forest reproductive material. The increases are within the fiscal growth rate factor and are necessary to cover the current cost of operating the portion of the seed certification program delegated by the director to the Washington Crop Improvement Association.
WAC 16-303-340 Seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum and small grains. Graydon Robinson

Program Manager

WSDA Seed Program

21 North 1st Avenue

Suite 203

Yakima, WA 98902

phone (509) 225-2630

fax (509) 454-4395

Keith Pfeifer

Manager

Washington State Crop Improvement Association

414 South 46th Avenue

Yakima, WA 98908

phone (509) 966-2234

fax (509) 966-2494

11-4-02 12-31-02 2-19-03 Proposed fee increases requested by industry. The increases are within the fiscal growth rate factor and are necessary to cover the current cost of operating the portion of the seed certification program delegated by the director to the Washington Crop Improvement Association.
WAC 16-303-200

WAC 16-303-210

WAC 16-303-230

WAC 16-303-250

WAC 16-303-300

WAC 16-303-310

WAC 16-303-317

WAC 16-303-320

WAC 16-303-330

Seed program testing fees.

Fees for special seed tests.

Official seed sampling or similar service.

Miscellaneous charges for seed services.

Phytosanitary certification of seed -- Fees.

Organization for economic cooperation and development scheme for varietal certification (OECD) fees.

Annual and rough bluegrass quarantine fees.

Certification fees for seed certified by the department except grasses.

Certification fees for grass seed.

Graydon Robinson

Program Manager

WSDA Seed Program

21 North 1st Avenue

Suite 203

Yakima, WA 98902

phone (509) 225-2630

fax (509) 454-4395

11-4-02 1-22-03 3-20-03 Proposed fee increases within the fiscal growth rate factor for fiscal year 2003 (3.29%). The increases are necessary to assure that the fees charged for seed program services are sufficient to recover operating costs.

George Huffman

Rules Coordinator

Legislature Code Reviser 

Register

Washington State Code Reviser's Office