WSR 04-13-147

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed June 23, 2004, 8:53 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-09-078.

Title of Rule and Other Identifying Information: Chapter 16-481 WAC, Grape phylloxera, this proposal adds the vine mealybug to the current grape phylloxera quarantine, retitles the chapter so the title more accurately describes the chapter's contents, repeals the violations - penalties section, and clarifies, existing language so that it is easier to read and understand.

Hearing Location(s): Washington State Department of Agriculture, 21 North 1st Avenue, Conference Room 238, Yakima, WA 98902, on July 27, 2004, at 1:00 p.m.

Date of Intended Adoption: August 10, 2004.

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

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

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal adds the vine mealybug to the current grape phylloxera quarantine, retitles the chapter so the title more accurately describes the chapter's contents, repeals the violations - penalties section (WAC 16-481-075), since penalties are addressed in the enabling statute (chapter 17.24 RCW), and clarifies existing language so that it is easier to read and understand. The vine mealybug injures grapevines by damaging grape bunches and transmitting grape viruses. Introductions of this pest into the state of Washington through infested grapevines, rootstock, and plant cuttings or on contaminated grape cultivation or harvesting equipment could have a severe negative economic impact on the Washington grape industry.

Reasons Supporting Proposal: The vine mealybug has a number of attributes that make it a formidable pest - it reproduces rapidly, feeds on all parts of the grapevine throughout the year, overwinters underneath the bark of the trunk or underground on the roots (which protects it from most foliar insecticides), and it vectors viral and bacterial diseases of grapevines. These attributes create a pest that reduces the productivity of the grapevine, which could have a sever economic impact on the Washington grape industry. The Washington Association of Wine Grape Growers supports this proposal.

Statutory Authority for Adoption: Chapters 15.13, 17.24, and 34.05 RCW.

Statute Being Implemented: Chapters 15.13 and 17.24 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington Association of Wine Grape Growers, private.

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.

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 have a more than minor cost impact on the regulated industry and, therefore, an SBEIS is not required. However, failure to adopt these proposed amendments could result in a large adverse economic impact on the regulated industry.

A cost-benefit analysis is not required under RCW 34.05.328. The Washington State Department of Agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).

June 23, 2004

Mary A. Martin Toohey

Assistant Director

OTS-7300.2

Chapter 16-481 WAC

GRAPE ((PHYLLOXERA)) INSECT PESTS


AMENDATORY SECTION(Amending WSR 91-21-042, filed 10/11/91, effective 11/11/91)

WAC 16-481-010   Establishing quarantine.   Grape phylloxera (((Daktulosphaira vitifoliae (Fitch)) is an)) and the vine mealybug are insect pests injurious to ((grape plants that)) grapevines. Grape phylloxera can cause severe reductions in grape yield and ultimately the death of the ((grape plant)) grapevine. This pest is widely distributed throughout the United States and the world. ((Introductions of the pest into the state of Washington through infested grape plants, rootstock, and plant cuttings or on contaminated grape cultivation or harvesting equipment could have a severe economic impact on the Washington grape industry. To prevent this)) The vine mealybug injures grapevines by damaging grape bunches and transmitting grape viruses. Introductions of these pests into the state of Washington through infested grapevines, rootstock, and plant cuttings or on contaminated grape cultivation or harvesting equipment could have a severe economic impact on the Washington grape industry. The director, under the authority provided in chapters 17.24 and 15.13 RCW, has established a quarantine to prevent ((the)) their introduction ((of this pest)) into the state.

[Statutory Authority: Chapters 15.13 and 17.24 RCW. 91-21-042, 16-481-010, filed 10/11/91, effective 11/11/91; Order 384, 1, effective 3/30/43.]


AMENDATORY SECTION(Amending WSR 91-21-042, filed 10/11/91, effective 11/11/91)

WAC 16-481-015   Definitions.   (((1) "Pest" means the insect of the order Homoptera and family Phylloxeridae, grape phylloxera (Daktulosphaira vitifoliae (Fitch)).

(2) "Infested area" means all states and territories of the United States and all areas outside the United States.

(3) "Area known to be free of grape phylloxera" means a specific property of a person or firm or a specific nursery stock growing ground surveyed by the department of agriculture of the shipping state.

(4))) "Department" means the Washington state department of agriculture.

(((5))) "Director" means the director of the Washington state department of agriculture or the director's authorized representative.

(((6))) "Grape phylloxera" means the insect Daktulosphaira vitifoliae (Fitch) of the order Homoptera and family Phylloxeridae.

"Hardwood cutting" means a cutting from a ((grape plant)) grapevine taken during the period of dormancy and not including portions of the trunk of the plant produced during previous growing seasons.

(((7))) "Infested area" means all states and territories of the United States and all areas outside the United States.

"Softwood cutting" means any cutting taken when the grape plant is not fully dormant.

(((8) "Susceptible varieties" means grape plants that may serve as host to grape phylloxera and which show symptoms of decline when infested.

(9) "Nonsusceptible varieties" means grape plants that may serve as host to grape phylloxera but which do not show symptoms of decline when infested. Nonsusceptible varieties include concord varieties and vinifera varieties on resistant rootstock.)) "Vine mealybug" means the insect Planococcus ficus (Signoret) of the order Homoptera and family Pseudococcidae.

[Statutory Authority: Chapters 15.13 and 17.24 RCW. 91-21-042, 16-481-015, filed 10/11/91, effective 11/11/91.]


AMENDATORY SECTION(Amending WSR 91-21-042, filed 10/11/91, effective 11/11/91)

WAC 16-481-020   Quarantine area.   There is established under this chapter, an external quarantine area for grape phylloxera and vine mealybug including all states and territories of the United States and all territories outside the United States.

[Statutory Authority: Chapters 15.13 and 17.24 RCW. 91-21-042, 16-481-020, filed 10/11/91, effective 11/11/91; Order 384, 2, effective 3/30/43.]


AMENDATORY SECTION(Amending WSR 91-21-042, filed 10/11/91, effective 11/11/91)

WAC 16-481-025   Regulated products.   Products regulated under the grape ((phylloxera)) insect pests quarantine include:

(1) All ((grape plants)) grapevines, rootstock, and softwood cuttings, rooted or not. Hardwood cuttings meeting the definition in WAC 16-481-016(((6))) and dried ((grape vines)) grapevines used for ornamental purposes are exempt from the requirements in this chapter.

(2) All equipment that has been used for cultivation or harvesting of grapes in a quarantine area.

[Statutory Authority: Chapters 15.13 and 17.24 RCW. 91-21-042, 16-481-025, filed 10/11/91, effective 11/11/91.]


AMENDATORY SECTION(Amending WSR 91-21-042, filed 10/11/91, effective 11/11/91)

WAC 16-481-030   Conditions governing shipments -- External.   (1) Each shipment of ((grape plants)) grapevines, grape rootstock and/or softwood cuttings from an infested area must be accompanied by a certificate ((signed by a duly authorized inspector of the department of agriculture of the state of origin of the shipment, or by a duly authorized inspector of the United States Department of Agriculture, Animal and Plant Health Inspection Service,)) issued by the plant protection organization in the state or country of origin stating that:

(a) The ((grape plants)) grapevines, rootstock and/or softwood cuttings were grown in and shipped from an area known to be free from grape phylloxera and vine mealybug; or

(b) The ((grape plants)) grapevines, rootstock or softwood cuttings were grown under an approved sterile media system; or

(c) For small shipments (five hundred articles or less), softwood cuttings were carefully inspected by an authorized inspector and were found to be free from grape phylloxera and vine mealybug; or

(d) The ((grape plants)) grapevines, rootstock, and/or softwood cuttings were subject to one of the two treatments outlined in subsection (2) of this section or such additional methods as may be determined to be effective and are approved in writing by the director and were stored in a manner after treatment that would prevent reinfestation.

(2) Acceptable treatments shall include:

(a) Hot water treatment. Dormant, rooted ((grape plants)) grapevines or rootstock shall be washed to remove all soil or other propagative media. Dormant rooted plants or rootstock shall be immersed in a hot water bath for a period of not less than three minutes nor more than five minutes at a temperature of not less than 125 degrees F. (52 degrees C.) nor more than 130 degrees F. (55 degrees C.) at any time during immersion; or

(b) Methyl bromide fumigation. ((Grape plants)) Grapevines, rootstock or softwood cuttings may be treated by methyl bromide fumigation. Fumigation shall be in an approved gastight fumigation chamber, equipped with a heating unit, fan for dispersal of gas and clearing the chamber of gas after fumigation, and interior thermometer readable from the outside. Fumigation shall be with a dosage of two pounds (0.908 kg.) of methyl bromide per one thousand cubic feet (twenty-eight cubic meters) for a period of three hours at a temperature of between 65 degrees F. (18.3 degrees C.) and 70 degrees F. (21.1 degrees C.). The fan shall be operated for a period of ten minutes after the injection of the gas.

(3) All shipments of ((grape plants)) grapevines, rootstock and/or softwood cuttings from an infested area shall be plainly marked with the contents on the outside of the package or container as "((grape plants)) grapevines," "grape rootstock," or "grape cuttings."

(4) Notification requirements of WAC 16-481-060 are met.

[Statutory Authority: Chapters 15.13 and 17.24 RCW. 91-21-042, 16-481-030, filed 10/11/91, effective 11/11/91; Order 384, 3, effective 3/30/43.]


AMENDATORY SECTION(Amending WSR 91-21-042, filed 10/11/91, effective 11/11/91)

WAC 16-481-050   Equipment cleaning requirements.   (1) All equipment used for cultivation or harvesting of grapes in grape ((phylloxera)) insect pests quarantine areas outside the state or infested properties within the state must be thoroughly washed or steam cleaned to remove all soil and plant material prior to entry into the state of Washington. Such equipment shall be subject to inspection by authorized inspectors of the department of agriculture.

(2) Any equipment found to be in violation of the ((sanitation)) cleaning requirement shall be subject to detention by the department until such equipment is thoroughly cleaned at the expense of the owner or shipper or provision made to transport the equipment directly out of the state.

[Statutory Authority: Chapters 15.13 and 17.24 RCW. 91-21-042, 16-481-050, filed 10/11/91, effective 11/11/91; Order 384, 5, effective 3/30/43.]


AMENDATORY SECTION(Amending WSR 91-21-042, filed 10/11/91, effective 11/11/91)

WAC 16-481-060   Notification requirements.   The plant ((services)) protection division of the department of agriculture shall be notified by United States mail or ((telefax)) telefacsimile to: Plant Protection Division, Washington State Department of Agriculture, 1111 Washington St. S.E., P.O. Box 42560, Olympia, WA 98504-2560; fax 360-902-2094, prior to the shipment of ((grape plants)) grapevines and/or cuttings under the grape ((phylloxera)) insect pests quarantine into this state from an infested area. Such notice shall include, but not be limited to, the approximate number of the ((grape plants)) grapevines, rootstock and/or softwood cuttings; the shipper; the consignee; the method of treatment used, if applicable; and the approximate date of delivery.

[Statutory Authority: Chapters 15.13 and 17.24 RCW. 91-21-042, 16-481-060, filed 10/11/91, effective 11/11/91; Order 384, 6, effective 3/30/43.]


AMENDATORY SECTION(Amending WSR 91-21-042, filed 10/11/91, effective 11/11/91)

WAC 16-481-070   Disposition of products shipped in violation of this quarantine -- Violations.   Any shipment of ((grape plants)) grapevines, rootstock, and/or softwood shipped into or entering the state of Washington from an infested area and not accompanied by the required certificate and/or not complying with the ((notice)) notification requirement in WAC 16-481-060 shall be returned to the point of origin, or destroyed at the option and expense of the owner or owners, or their responsible agent or agents.

[Statutory Authority: Chapters 15.13 and 17.24 RCW. 91-21-042, 16-481-070, filed 10/11/91, effective 11/11/91; Order 384, 7, effective 3/30/43.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 16-481-075 Violations -- Penalties.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office