WSR 04-11-025

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 11, 2004, 3:05 p.m. , effective July 1, 2004 ]

Date of Adoption: May 11, 2004.

Purpose: This rule-making order amends chapter 16-350 WAC by (1) increasing the fruit tree certification application fee for each registered prunus and pome seed tree, (2) establishing a new fruit tree certification application fee for each registered prunus and pome scion tree, (3) eliminating the requirement for field inspections of certified stock, (4) clarifying existing language to make it more clear and readable, and (5) correcting an erroneous RCW reference.

Citation of Existing Rules Affected by this Order: Amending WAC 16-350-040 and 16-350-045.

Statutory Authority for Adoption: Chapter 15.14 RCW.

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 04-07-171 on March 24, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 2, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Effective Date of Rule: July 1, 2004.

May 11, 2004

Valoria H. Loveland

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.]


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

WAC 16-350-045   Application and fees.   (1) The applicant must provide the department with all information documenting the eligibility of all registered and certified stock and must allow the department to take samples for indexing or testing purposes.

(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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