PERMANENT RULES
Purpose: This rule-making order establishes reporting and record-keeping requirements for licensed nurseries for shipments of plants from outside the state. In addition, it also establishes mandatory holding periods before plants from outside the state may be sold, distributed, transported or delivered to another location, to allow for their inspection.
Statutory Authority for Adoption: Chapters 15.13, 17.24, and 34.05 RCW.
Adopted under notice filed as WSR 04-11-111 on May 19, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 4, Amended 0, Repealed 0.
Date Adopted: July 6, 2004.
Valoria H. Loveland
Director
OTS-7032.1
REPORTING AND HOLDING OF TREE AND SHRUB NURSERY STOCK
NEW SECTION
WAC 16-402-100
Purpose.
The intrusion of nonnative,
invasive plant pest species into Washington state is a
significant public concern. Plant pest species include
insects, nematodes, snails, plant diseases, weeds and other
species which harm plants or plant products. If established,
such plant pests have potential to cause harm to the state's
forest, agricultural, horticultural, floricultural and apiary
industries, to damage natural resources and the property of
private landowners, to reduce environmental quality, and to
threaten the diversity and abundance of native species. In
recent years, many of these invasive plant pests have entered
the state, in some cases causing significant private and
public expense for monitoring, control or eradication. This
rule is intended to aid in the exclusion, tracking,
identification, control and/or eradication of invasive plant
pests which may enter the state on or in association with
horticultural plants, in order to protect public health,
safety, welfare, and the environment.
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(1) "Tree and shrub nursery stock" means woody forest and ornamental trees, shrubs and vines grown or kept for propagation, distribution or sale, including bareroot, balled and burlaped, and containerized plants, liners, budwood, seedlings and cuttings. Fruit, seeds and tissue culture plantlets are not considered tree and shrub nursery stock.
(2) "Business day" means Monday through Friday, excluding state holidays.
(3) "Receiving nursery" means any nursery dealer within Washington state, including landscape firms and greenhouses required to be licensed as nursery dealers, that acquires tree and shrub nursery stock via interstate or international shipment.
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(2) Notification must include the species of plant(s), quantities of each species, source of each shipment and the receiving nursery's contact information including telephone numbers and e-mail address (if available). Copies of regular shipping documents, such as load lists, with this information are encouraged.
(3) Notification must arrive at WSDA no later than two business days after arrival of the shipment at the receiving nursery. Notification in advance of the shipment is encouraged.
(4) WSDA may approve alternative notification systems, if the alternative systems allow the provisions of WAC 16-401-130 to be carried out.
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(2) WSDA will contact the nursery before or during the hold period specified in subsection (1) of this section, if the tree and shrub nursery stock must be held for inspection. WSDA will conduct the inspection as soon as practicable.
(3) Unless the receiving nursery has been instructed by WSDA to hold the shipment under subsection (2) of this section, the receiving nursery may distribute the stock before the expiration of the hold period specified in subsection (1) of this section, if the disposition of the stock is fully traceable. Retail sale to cash customers is not permitted during the hold period.
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