WSR 06-15-116

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed July 19, 2006, 8:01 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-05-111.

Title of Rule and Other Identifying Information: This proposal amends chapter 16-462 WAC, Grape planting stock, by (1) exempting registered and certified stock grown in a fully enclosed greenhouse, screenhouse or laboratory from the isolation distance from noncertified or nonregistered grapevines; (2) repealing the requirement that different varieties of grapevines in registered blocks must be separated by a minimum distance; (3) modifying the requirements for propagating registered stock by allowing an extra generation under controlled conditions; (4) recognizing the responsibility of Washington State University (WSU) for inspecting and indexing the Northwest Foundation Block at WSU-Prosser; (5) repealing the requirement that grapevines used for the production of certified planting stock must be pruned to allow fruiting; (6) requiring that certified grape planting stock must be free of regulated pests and diseases; and (7) adding vine mealy bug to the list of pests that certified grape planting stock must be free of. In addition, this proposal amends the current language to increase its clarity and readability.

Hearing Location(s): Washington State Department of Agriculture, 21 North 1st Avenue, Conference Room 238, Yakima, WA 98902, on August 31, 2006, at 2:00 p.m.

Date of Intended Adoption: September 8, 2006.

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 August 31, 2006.

Assistance for Persons with Disabilities: Contact Henri Gonzales by August 24, 2006, TTY (360) 902-1996 or (360) 902-2061.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed revisions will reflect the changing practices of the grapevine nurseries, especially towards greenhouse and laboratory production. Isolation distances from potentially infected grapevines that are important in the field are impractical and unnecessary in an enclosed facility, as is the requirement for fruiting. The proposed revisions eliminate the required space between varieties and allow an additional generation of registered vines under certain conditions. These revisions are necessary for nurseries to meet the increasing demand for specific clones and selections by allowing nurseries to propagate large amounts of certified vines from a relatively small number of registered vines. Under this proposal the department will be able to certify the Northwest Foundation Block at WSU.

Reasons Supporting Proposal: These proposed revisions will allow increased market competitiveness for Washington grown certified grapevines and help meet increasing demands for certified planting stock from the grape industry.

Statutory Authority for Adoption: Chapters 15.14 and 34.05 RCW.

Statute Being Implemented: Chapter 15.14 RCW.

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

Name of Proponent: Washington state department of agriculture with the support of the grapevine advisory committee, governmental.

Name of Agency Personnel Responsible for Drafting, 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. The department has analyzed the economic effects of the proposed revisions and has concluded that they do not impose a more than minor cost on the regulated industry and, therefore, a formal SBEIS is not required.

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).

July 19, 2006

Mary A. Martin Toohey

Assistant Director

OTS-8688.2


AMENDATORY SECTION(Amending WSR 99-12-025, filed 5/25/99, effective 6/25/99)

WAC 16-462-010   Grape planting stock program -- General.   (1) Grapevines or parts of grape plants may be designated as registered stock or certified stock, if they and the stock from which they were produced have been inspected, indexed, and tested in accordance with procedures and requirements outlined in ((rule)) this chapter and found to be in compliance with all standards and requirements established in this chapter.

(2) The issuance of a state of Washington plant tag, stamp, or other document under this chapter means only that the tagged, stamped or otherwise documented planting stock has been subjected to standards and procedures described in this chapter and determined to be in compliance with its standards and requirements. The department disclaims all ((express)) expressed or implied warranties, including without limitation, implied warranties of merchantability and fitness for particular purpose, regarding all plants, plant parts, and plant materials under this chapter.

(3) The department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with this chapter. No grower, nursery dealer, government official, or other person is authorized to give any expressed or implied warranty, or to accept financial responsibility on behalf of the department regarding this chapter.

(4) Participation in the grape planting stock certification program is voluntary.

[Statutory Authority: Chapter 15.14 RCW. 99-12-025, 16-462-010, filed 5/25/99, effective 6/25/99; 86-08-078 (Order 1883), 16-462-010, filed 4/2/86; Order 1193, 16-462-010, filed 4/19/71; Order 1084, 16-462-010, filed 4/2/68.]


AMENDATORY SECTION(Amending WSR 02-11-100, filed 5/20/02, effective 6/20/02)

WAC 16-462-015   Definitions.   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

(((1))) "Aseptic shoot tip propagation" means aseptically removing a vegetative shoot tip from growth arising from a dormant cutting from a foundation plant or from green growth (i.e., softwood) from a foundation plant during the growing season and aseptically transferring this shoot tip to a suitable vessel containing an appropriate culture medium.

(((2))) "Certified grape planting stock" means vines, rooted cuttings, cuttings or grafted plants taken or propagated directly from foundation vines, registered vines or certified in compliance with the provisions of this chapter.

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

(((4))) "Director" means the director of the department of agriculture or the director's designee.

(((5))) "Foundation block" means a planting of grapevines established, operated and maintained by Washington State University, or other equivalent sources approved in writing by the director, that are indexed and found free from viruses designated in this chapter and that are not off-type.

(((6))) "Index" means determining whether a virus infection is present by means of inoculation from the plant to be tested to an indicator plant or by any other testing method approved by the department.

(((7))) "Indicator plant" means any herbaceous or woody plant used to index or determine virus infection.

"Mother vine" means a grapevine used as a source for propagation material.

(((8))) "Off-type" means appearing under visual examination to be different from the variety listed on the application for registration and certification, or exhibiting symptoms of a genetic or nontransmissible disorder.

(((9))) "Registered block" means a planting of registered grapevines maintained by a nursery and used as a source of propagation material for certified grapevines.

(((10))) "Registered vine" means any vine propagated from a foundation block approved by the director, identified to a single vine source, and registered with the Washington state department of agriculture, in compliance with provisions of this chapter.

(((11))) "Virus-like" means a graft-transmissible disorder with symptoms resembling a characterized virus disease, including, but not limited to, disorders caused by viroids and phytoplasmas.

[Statutory Authority: Chapter 15.14 RCW. 02-11-100, 16-462-015, filed 5/20/02, effective 6/20/02; 99-12-025, 16-462-015, filed 5/25/99, effective 6/25/99; 86-08-078 (Order 1883), 16-462-015, filed 4/2/86; 78-10-072 (Order 1583), 16-462-015, filed 9/27/78; Order 1397, 16-462-015, filed 4/7/75; Order 1193, 16-462-015, filed 4/19/71; Order 1084, 16-462-015, filed 4/2/68.]


AMENDATORY SECTION(Amending WSR 02-11-100, filed 5/20/02, effective 6/20/02)

WAC 16-462-020   Requirements for participation in the grape planting stock program.   (1) The applicant shall be responsible, subject to the approval of the department, for the selection of the location and the proper maintenance of registered blocks and planting stock.

(2) The applicant must maintain records identifying the foundation source of registered vines and certified planting stock. The applicant must make these records available to the department upon request.

(3) The applicant shall take suitable precautions in cultivation, irrigation, movement and use of equipment, and in other farming practices, to guard against spread of soil-borne pests to planting stock entered in this program. The applicant shall keep all registered blocks and certified planting stock clean cultivated except for approved cover crops.

(4) Following notification by the department the applicant shall remove and destroy immediately any registered vine or certified planting stock found to be off-type or affected by a virus or virus-like disease or a quarantine pest.

(5) Registered blocks and certified planting stock must be located at least one hundred feet from any land on which noncertified or nonregistered grapevines have been grown within the past ten years. This does not apply to registered and certified stock grown in a fully enclosed greenhouse, screenhouse or laboratory provided the facility does not contain noncertified grapevines.

[Statutory Authority: Chapter 15.14 RCW. 02-11-100, 16-462-020, filed 5/20/02, effective 6/20/02; 99-12-025, 16-462-020, filed 5/25/99, effective 6/25/99; 86-08-078 (Order 1883), 16-462-020, filed 4/2/86; 78-10-072 (Order 1583), 16-462-020, filed 9/27/78; Order 1193, 16-462-020, filed 4/19/71; Order 1084, 16-462-020, filed 4/2/68.]


AMENDATORY SECTION(Amending WSR 02-11-100, filed 5/20/02, effective 6/20/02)

WAC 16-462-021   Requirements for registered blocks.   (1) All registered grapevines must be identified by the number assigned to the single vine source in the foundation block from which they were taken.

(2) With the exception of practices allowed in subsections (3) ((and)), (4), and (5) of this section, registered plants must be propagated directly from cuttings taken from a foundation block.

(3) Plants propagated from a foundation block by aseptic shoot tip propagation and grown entirely under laboratory or greenhouse conditions may serve as a source of softwood cuttings or shoot tip culture used to establish a registered block or registered grapevines.

(4) Registered grapevines may be propagated from other registered grapevines within the same registered block for the purpose of increasing the size of the registered block or for replacement grapevines.

(5) ((Grapevines of different varieties in registered blocks must be separated by a minimum of twelve feet within the row. The distance between rows of different varieties must be a minimum of eight feet.)) The department may permit participating nurseries to propagate registered grapevines from other registered grapevines for the purpose of establishing or increasing other registered blocks within the nursery under the following conditions:

(a) Mother vines were propagated directly from a foundation vine;

(b) Propagation is under environmentally controlled conditions to prevent the introduction of pests; and

(c) Mother vine is no more than two years old, or has been tested and found free of regulated viruses within the past two years.

[Statutory Authority: Chapter 15.14 RCW. 02-11-100, 16-462-021, filed 5/20/02, effective 6/20/02; 99-12-025, 16-462-021, filed 5/25/99, effective 6/25/99.]


AMENDATORY SECTION(Amending WSR 02-11-100, filed 5/20/02, effective 6/20/02)

WAC 16-462-025   Foundation, registered, and certified grape planting stock -- Inspections.   (1) Inspections and indexing of registered grapevines and certified planting stock will be performed by the department at times determined to be suitable for the detection of virus and virus-like disease symptoms. Washington State University will inspect and index the foundation block.

(2) The department will index registered grapevines by methods listed in Appendix 1 of the North American Plant Protection Organization (NAPPO) Grapevine Standard.

(3) The department will conduct at least two inspections of registered grapevines during each growing season.

(4) ((Except for varieties to be used solely as rootstock, registered grape vines used for the production of certified planting stock must be pruned to allow some fruiting.

(5))) The department will inspect certified planting stock at least three times per year, twice during the growing season and once during or after harvest.

(((6))) (5) The department will refuse or withdraw registration or certification for any planting stock that is infested or infected with any ((quarantine)) regulated pest.

[Statutory Authority: Chapter 15.14 RCW. 02-11-100, 16-462-025, filed 5/20/02, effective 6/20/02; 99-12-025, 16-462-025, filed 5/25/99, effective 6/25/99; 86-08-078 (Order 1883), 16-462-025, filed 4/2/86; Order 1193, 16-462-025, filed 4/19/71; Order 1084, 16-462-025, filed 4/2/68.]


AMENDATORY SECTION(Amending WSR 02-11-100, filed 5/20/02, effective 6/20/02)

WAC 16-462-030   Certified grape ((nursery)) planting stock -- Application and fees.   (1) The applicant shall furnish all information requested on the application form and shall give consent to the department to take samples from any planting stock enrolled in the program as registered or certified grapevines for inspection or indexing.

(2) Application for registration and certification shall be filed with the department by January 1 of each year accompanied by a one hundred seventy-five dollar application fee.

(3) Inspection, phytosanitary certification, indexing and testing fees are due upon completion of services.

(4) Fees for inspection, phytosanitary certification, and testing shall be assessed at the appropriate rate established in chapters 16-401 and 16-470 WAC. Mileage for inspections and other on-site services shall be charged at a rate established by the state office of financial management.

[Statutory Authority: Chapter 15.14 RCW. 02-11-100, 16-462-030, filed 5/20/02, effective 6/20/02; 00-01-149, 16-462-030, filed 12/21/99, effective 1/21/00; 99-12-025, 16-462-030, filed 5/25/99, effective 6/25/99; 93-17-022 (Order 5001), 16-462-030, filed 8/11/93, effective 9/11/93; 86-08-078 (Order 1883), 16-462-030, filed 4/2/86; 78-10-072 (Order 1583), 16-462-030, filed 9/27/78; Order 1397, 16-462-030, filed 4/7/75; Order 1193, 16-462-030, filed 4/19/71; Order 1084, 16-462-030, filed 4/2/68.]


AMENDATORY SECTION(Amending WSR 99-12-025, filed 5/25/99, effective 6/25/99)

WAC 16-462-035   Certified grape ((nursery)) planting stock -- Tagging and identity.   (1) Certification tags issued by the department must be securely attached by the grower to each certified planting stock, including rooted cuttings, cuttings and grafted plants.

(2) Any person selling Washington certified grape ((nursery)) planting stock is responsible for the identity of such ((nursery)) planting stock. Persons issued tags authorized by this chapter must account by variety for stock produced and sold. They must keep and allow the department to inspect and copy records necessary to verify this.

[Statutory Authority: Chapter 15.14 RCW. 99-12-025, 16-462-035, filed 5/25/99, effective 6/25/99; 86-08-078 (Order 1883), 16-462-035, filed 4/2/86; Order 1193, 16-462-035, filed 4/19/71; Order 1084, 16-462-035, filed 4/2/68.]


AMENDATORY SECTION(Amending WSR 02-11-100, filed 5/20/02, effective 6/20/02)

WAC 16-462-050   Certified grape planting stock -- Requirements.   Certified plants must be ((apparently)) free of grapevine fanleaf virus, grapevine leafroll-associated viruses, grapevine corky bark disease agent, grapevine rupestris stem pitting virus, arabis mosaic virus, tomato ringspot virus, grape phylloxera, and vine mealy bug. It must also be free of root knot nematode, crown gall and other visible diseases or serious pest injuries.

[Statutory Authority: Chapter 15.14 RCW. 02-11-100, 16-462-050, filed 5/20/02, effective 6/20/02; 99-12-025, 16-462-050, filed 5/25/99, effective 6/25/99; 86-08-078 (Order 1883), 16-462-050, filed 4/2/86.]


AMENDATORY SECTION(Amending WSR 02-11-100, filed 5/20/02, effective 6/20/02)

WAC 16-462-055   Certified grape planting stock -- Grades and standards.   All field-grown certified stock offered for sale must be bundled in accordance with commercial practice and correctly identified by one or more legible printed labels.

(1) Grades for rooted cuttings are as follows:

(a) Grade No. 1 must have one live cane at least nine inches long and must be well rooted.

(b) Grade No. 2 must have one live cane at least six inches long and must be well rooted.

(2) Cuttings must have at least three buds and be at least nine inches long. The basal bud must be within one-half inch of the basal end.

(3) Two-year plants shall meet the same standard as rooted cutting Grade No. 1.

(4) In order to allow for variations incident to proper grading and packing, not more than a combined total of five percent by count, of the plants or cuttings in any lot may fail to meet the requirements of the grades set forth in this section.

[Statutory Authority: Chapter 15.14 RCW. 02-11-100, 16-462-055, filed 5/20/02, effective 6/20/02; 99-12-025, 16-462-055, filed 5/25/99, effective 6/25/99; 86-08-078 (Order 1883), 16-462-055, filed 4/2/86.]

Washington State Code Reviser's Office