WSR 03-10-080

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 6, 2003, 3:35 p.m. , effective June 30, 2003 ]

Date of Adoption: May 6, 2003.

Purpose: Chapter 16-328 WAC, Certification of strawberry planting stock, this rule-making order adopts the fee schedule for strawberry plant certification for fiscal years 2003 and 2004. The fee schedule in WAC 16-328-011 increases strawberry certification fees by the Office of Financial Management fiscal growth factor for fiscal year 2003 (3.29%), effective until June 30, 2003, and fiscal year 2004 (3.2%), effective July 1, 2003. In addition, this order repeals WAC 16-328-010 because it is no longer needed. Finally, as required by Executive Order 97-02, WAC 16-328-008 and 16-328-011 are rewritten to improve their clarity.

Citation of Existing Rules Affected by this Order: Repealing WAC 16-328-010; and amending WAC 16-328-008 and 16-328-011.

Statutory Authority for Adoption: Chapters 15.14 and 34.05 RCW.

Adopted under notice filed as WSR 03-07-090 on March 19, 2003.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 1.
Effective Date of Rule: June 30, 2003.

May 6, 2003

Valoria H. Loveland

Director

OTS-6182.2


AMENDATORY SECTION(Amending WSR 00-19-034, filed 9/12/00, effective 10/13/00)

WAC 16-328-008   Definitions.   (((1))) "Department" means the department of agriculture of the state of Washington.

(((2))) "Director" means the director of the department of agriculture or a duly appointed representative.

(((3))) "Fairly clean" means that the roots are not matted or caked with dirt.

(((4))) "Fairly fresh" means that the roots and petioles are not excessively wilted or otherwise damaged.

(((5))) "Fairly well trimmed runners and petioles" means that the length of each runner and petiole is three inches or less.

(((6))) "Firm" means that the crowns are not soft or spongy, although they may yield to slight pressure.

(((7))) Free from damage by:

(a) "Sunburn" means that the roots are not damaged by sunburn or scald, but slight discoloration may be present.

(b) "Mold" means that the plants are free from excessive mold or decay. Plants slightly affected by mold may be allowed.

(c) "Freezing injury" means that the roots are of a normal color, and the plant is only moderately affected by discolored roots which may affect its normal growth. Black roots caused by disease are not permitted.

(d) "Broken or split crowns, mechanical injury" means there is no breaking or severance of the crown from the root section, or splitting of the crown, or other mechanical injury that would affect the normal growth of the plant.

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

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

(((10))) "Moist" means that the plants are reasonably turgid and not dried to a degree ((than)) that would affect normal growth.

(((11))) "Nuclear stock" means strawberry plants that have been indexed and found free of known viruses and virus-like diseases by United States Department of Agriculture personnel or other personnel acceptable to the department. Nuclear plants must be reindexed for virus and virus-like diseases at least every three years and maintained under conditions that would ensure freedom from infection.

(((12))) "Off-type" means appearing by visual examination to be different from the species or variety listed on the application or exhibiting symptoms of a genetic or nontransmissible disorder.

(((13))) "Similar varietal characteristics" means that the plants have the same general character of growth.

(((14))) "Tolerance" means the maximum acceptable percentage of planting stock that is diseased, infected by plant pests, defective, or off-type based on visual inspection or laboratory testing by the director or other authorized person.

(((15))) "Virus-like" means a graft-transmissible disorder resembling a virus disease, including, but not limited to, diseases caused by viroids and phytoplasmas.

[Statutory Authority: Chapter 15.14 RCW. 00-19-034, 16-328-008, filed 9/12/00, effective 10/13/00; 87-13-016 (Order 1932), 16-328-008, filed 6/9/87; Order 1216, 16-328-008, filed 10/18/71, effective 11/18/71.]


AMENDATORY SECTION(Amending WSR 01-11-032, filed 5/8/01, effective 6/8/01)

WAC 16-328-011   Strawberry plant certification fees.   ((Effective July 1, 2001,)) The strawberry plant certification fees are as follows:


Effective until

June 30, 2003

Effective

July 1, 2003

Application fee $136.34 $140.70
Hourly inspection rate $27.26 $28.10

(1) Certification application fee. The applicant must furnish all information requested on the application for inspection, including, but not limited to, the crop, variety, class planted, date planted, source of seed or plants, acreage, field number, applicant's name and address, applicant's signature, and date of application. The applicant must allow the department to take plants or plant parts from any planting for inspection or testing purposes. A separate application is required for each cultivar and/or lot entered for certification. Applications for inspection must be filed with the Plant Services Program, P.O. Box 42560, Olympia, Washington, 98504-2560 by June 15 of each year and be accompanied by ((a $132.00)) the application fee.

(2) Inspection fees. ((The inspection fee is $26.40 per hour)) The department will conduct certification inspections at the hourly inspection rate plus mileage charged at a rate established by the state office of financial management. Testing fees will be charged at the rate established in chapter 16-470 WAC. Inspection and testing fees are payable upon completion of work. Billing may be arranged subject to department policies and processes.

(3) The department will remove any applicant from the certification program for failing to pay fees when due.

(4) The department will not accept applications from growers owing the department for previous fees.

[Statutory Authority: Chapter 15.14 RCW. 01-11-032, 16-328-011, filed 5/8/01, effective 6/8/01.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 16-328-010 Strawberry plant certification fees.

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