PROPOSED RULES
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
GRAPE ((PHYLLOXERA)) INSECT PESTS
[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.]
(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.]
[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.]
(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.]
(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.]
(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.]
[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.]
[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.]
The following section of the Washington Administrative Code is repealed:
| WAC 16-481-075 | Violations -- Penalties. |