Purpose: This rule-making order amends WAC 16-350-035 by (1) requiring that rootstock from out-of-state certification programs be propagated directly from mother plants that were tested and found free of all known virus and virus-like diseases; (2) requiring that all prunus seed, except peach seed, used in the propagation of certified fruit trees originate from registered seed trees (peach seed originating from commercial sources may be used if the seed is tested and found to contain no more than 5% seed-borne viruses); and (3) clarifying existing language so that it is easier to read and understand.

     Citation of Existing Rules Affected by this Order: Amending WAC 16-350-035.

     Statutory Authority for Adoption: Chapters 15.14 and 34.05 RCW.

      Adopted under notice filed as WSR 04-24-090 on December 1, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: January 11, 2005.

Valoria H. Loveland

Director

OTS-7666.1

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

WAC 16-350-035   Requirements for certified nursery planting stock.   (1) All nursery stock being grown for certification must be propagated on certified rootstock. Certified rootstock ((may be any)) must comply with at least one of the following conditions:

     (a) Rootstock ((originating)) propagated directly from registered trees.

     (b) Rootstock originating from other approved certification programs, if the rootstock was propagated directly from mother plants that have been tested and found free of all known virus and virus-like diseases.

     (c) Prunus persica seedlings grown from commercial seed, if the seed lot has been tested for transmissible virus content, and not more than five percent of the seed tested positive for transmissible virus content.

     (d) Pome fruit seedlings.

     (2) Growers must keep records identifying the scion, rootstock, and interstock sources for all Washington certified stock. Upon request, these records must be made available to the department.

     (3) Seed may be designated as Washington certified seed only if both of the following conditions are complied with:

     (a) The seed was produced on registered seed trees; and

     (b) The seed lot has been tested for transmissible virus content, and not more than five percent of the seed tested positive for transmissible viruses.

     (4) Washington certified nursery stock must be identified by a blue certification tag.

     (5) When it is offered for sale, Washington certified nursery stock must be identified as to variety, interstock and rootstock.

[Statutory Authority: Chapter 15.14 RCW. 00-19-036, § 16-350-035, filed 9/12/00, effective 10/13/00; 90-23-006 (Order 2058), § 16-350-035, filed 11/9/90, effective 12/10/90; Order 1331, § 16-350-035, filed 1/15/74; Order 1300, § 16-350-035, filed 3/26/73; Order 951, Regulation 2(d), filed 7/2/64; Order 890, Regulation 2 (part), effective 9/17/62.]

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