Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-23-056.

     Title of Rule: Chapter 16-350 WAC, Registration and certification of fruit tree planting stock, fruit tree certification application fee.

     Purpose: This proposal amends chapter 16-350 WAC by increasing the fruit tree certification application free for each registered Prunus and pome seed tree, establishing a new fruit tree certification application fee for each registered Prunus and pome scion tree, clarifying existing language to make it more clear and readable, and correcting an erroneous RCW reference. An effective date of July 1, 2004, is proposed.

     Statutory Authority for Adoption: Chapters 15.14 and 34.05 RCW.

     Statute Being Implemented: Chapter 15.14 RCW.

     Summary: RCW 15.14.015 provides the director of the Department of Agriculture the authority to establish fees and assessments for inspection, testing, and certification of planting stock. The department uses these fees and assessments to fund the fruit tree certification program, which allows participating nurseries access to international markets where testing for known virus and virus-like diseases is required. The certification program also provides Washington fruit growers with a source of planting stock tested for harmful plant diseases. An increase in the fruit tree certification application fee is necessary because the current level of funding to the program is no longer adequate to carry out its statutory duties.

     Reasons Supporting Proposal: This proposal will enable the fruit tree certification program to continue.

     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: RCW 15.14.015 provides the director of the Department of Agriculture the authority to establish fees and assessments for inspection, testing, and certification of planting stock. The department uses these fees and assessments to fund the fruit tree certification program, which allows participating nurseries access to international markets where testing for known virus and virus-like diseases of fruit trees is required. The fruit tree certification program also provides Washington tree fruit growers with a source of planting stock tested for harmful plant diseases. An increase in the fruit tree certification application fee is necessary because the current level of funding to the program is no longer adequate to carry out its statutory duties.

     Proposal Changes the Following Existing Rules: This proposal amends chapter 16-350 WAC by specifying the fruit tree certification application fee for each registered Prunus and pome tree, clarifying existing language to make it more clear and readable, and correcting an erroneous RCW reference. An effective date of July 1, 2004, is proposed.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires that an agency must prepare a small business economic impact statement (SBEIS) for proposed rules that impose a more than minor cost on businesses in an industry. Analysis of the economic effects of the proposed rule amendments demonstrate that the changes will not be more than a minor cost on the regulated industry and, therefore, an SBEIS is not required.

     RCW 34.05.328 does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).

     Hearing Location: WSU Tree Fruit Research and Extension Center (conference room inside main entrance), 1100 North Western Avenue, Wenatchee, WA 98801, on April 27, 2004, at 1:00 p.m.

     Assistance for Persons with Disabilities: Contact Henri Gonzales by April 13, 2004, TDD (360) 902-1996.

     Submit Written Comments to: Henri Gonzales, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2094, e-mail hgonzales@agr.wa.gov, by April 27, 2004.

     Date of Intended Adoption: May 11, 2004.

March 24, 2004

Mary A. Martin Toohey

Assistant Director

OTS-7038.1

AMENDATORY SECTION(Amending WSR 00-19-036, filed 9/12/00, effective 10/13/00)

WAC 16-350-040   Inspection and testing for certification of nursery planting stock.   (1) The department will conduct all inspections, testing and indexing prescribed in this chapter in a manner and at times the department has determined to be suitable. The methods and procedures used for making the virus and virus-like disease determinations will conform to the standards of NRSP-5.

     (2) ((The department will conduct at least one visual inspection of certified nursery rootstock during the first growing season. Upon request by the department, growers must rogue any undesirable rootstock prior to bud or graft placement.

     (3) The department will conduct at least two visual inspections of nursery stock during the growing season following bud or graft placement.

     (4))) The department will refuse certification of planting stock that has been propagated from registered trees found to be infected by a virus or virus-like disease, or if other requirements of this chapter have not been complied with.

[Statutory Authority: Chapter 15.14 RCW. 00-19-036, § 16-350-040, filed 9/12/00, effective 10/13/00; Order 1331, § 16-350-040, filed 1/15/74; Order 1300, § 16-350-040, filed 3/26/73; Order 951, Regulation 3, filed 7/2/64; Order 890, Regulation 3, effective 9/17/62.]

     (2) An application for certification must be filed with the department by June 1 of each year accompanied by an application fee. The application fee will consist of $100.00 plus (($1.00)) $10.00 for each registered ((seed)) Prunus tree and $2.00 for each registered pome tree.

     (3) The application fee will apply toward the ((one percent)) annual assessment on the gross ((sale)) wholesale price of ((the wholesale market value for)) all fruit trees((,)) and fruit tree related ornamental((s, and fruit tree rootstock)) nursery stock produced in Washington and sold within the state or shipped from the state ((of Washington by any licensed nursery dealer)) during any license period, as set forth in RCW ((15.13.130)) 15.13.310. No refund of the application fee will be allowed.

[Statutory Authority: Chapter 15.14 RCW. 00-19-036, § 16-350-045, filed 9/12/00, effective 10/13/00; 90-23-006 (Order 2058), § 16-350-045, filed 11/9/90, effective 12/10/90; Order 1331, § 16-350-045, filed 1/15/74; Order 1300, § 16-350-045, filed 3/26/73; Order 1275, § 16-350-045, filed 7/6/72; Order 951, Regulation 4, filed 7/2/64; Order 890, Regulation 4, effective 9/17/62.]

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