WSR 07-04-107

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed February 7, 2007, 9:58 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-24-107.

Title of Rule and Other Identifying Information: WAC 16-301-220 Apply for a phyto-sanitary field inspection.

Hearing Location(s): Washington State Department of Agriculture, 821 East Broadway, Suite 4, Moses Lake, WA 98837, on March 19, 2007, at 6:30 p.m.

Date of Intended Adoption: April 19, 2007.

Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504-2560, e-mail tnorman@agr.wa.gov, fax (360) 902-2085, by 5 p.m. on March 19, 2007.

Assistance for Persons with Disabilities: Contact the agency receptionist by calling TTY (360) 902-1996 or (360) 902-1976.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule is to modify the current phyto-sanitary field inspection application due dates to ensure there is adequate time to conduct a proper inspection in relation to the maturity of the seed crop. Also language will be modified to reflect current billing practices.

Reasons Supporting Proposal: This proposal is necessary to modify the due dates for phyto-sanitary field inspection applications for spring planted annual seed crops in eastern Washington. Currently there is a wide range of due dates for spring planted annual crops planted in eastern Washington. There has been a shift in planting dates with some early planted crops that see some fields established in late February and some late crops not planted until after the July 1 deadline. As a result it is increasingly difficult for fields to be inspected at the optimum time when disease symptoms are most evident. It is no longer practical to tie the due dates to the calendar. It is more feasible to have the due date correlated to the planting date. It is imperative that field inspections are conducted at the proper growth stage in order to protect the Washington seed industry from any potential plant disease outbreak.

As a housekeeping measure, language concerning the inclusion of fees with phyto-sanitary applications will be repealed. This is due to the fact that all services are invoiced at the time they are rendered.

Statutory Authority for Adoption: RCW 15.49.310 and chapter 34.05 RCW.

Statute Being Implemented: RCW 15.49.310.

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

Name of Proponent: Washington state department of agriculture (WSDA) seed program, public.

Name of Agency Personnel Responsible for Drafting and Implementation: Victor Shaul, Operations Manager, Yakima, (509) 225-2630; and Enforcement: Fawad Shah, Program Manager, Yakima, (509) 225-2636.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule has no increased cost to seed producers or seed conditioners. The application process remains the same and there are no increased costs associated with this proposal. The only change is the timing of when applications must be submitted. There are no new reporting or compliance requirements in this proposal. Considering these facts there is no increased cost imposed on the seed industry and therefore a small business economic impact statement was not prepared.

A cost-benefit analysis is not required under RCW 34.05.328. The WSDA is not a listed [agency] in RCW 34.05.328 (5)(a)(i).

February 2, 2007

Dennis Hannapel

Assistant Director

OTS-9551.1


AMENDATORY SECTION(Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)

WAC 16-301-220   Apply for a phyto-sanitary field inspection.   (1) On an application provided by the department seed program, a person requesting a phyto-sanitary field inspection must provide a list of the disease or diseases for which inspection is requested. Only one kind of crop is permitted on each application. Applications must be submitted to the department seed program before the due date ((along with the required fees)). Refer to chapter 16-303 WAC for the appropriate fees.

(2) Due dates for phyto-sanitary applications for field inspections are as follows:


(a) Western Washington
(i) Fall plantings . . . . . . . . . . . . April 15
(ii) Spring plantings . . . . . . . . . . . . June 1
(b) Eastern Washington
Fall plantings . . . . . . . . . . . . April 15
(i) ((Peas in Columbia Basin)) Spring planted annual crops except corn . . . . . . . . . . . . ((May 15)) (21 days after planting)
(ii) ((Peas East Highway 395 (Palouse))) Corn and all perennial crops June ((15)) 1
(((iii) Beans . . . . . . . . . . . . July 1
(iv) All other crops . . . . . . . . . . . . June 1))

(3) Phyto sanitary applications for crops requiring a fall inspection are due 30 days prior to inspection time and not later than September 15.

(4) To be eligible for Pseudomonas pisi, phyto-sanitary field inspection for peas or other diseases based on area surveillance, the applicant must file a report with the department seed program listing acreage and general location (such as block and unit if possible) prior to May 1.

(5) Applications received after the due date are assessed a late fee. Acceptance of a late application is at the discretion of the certifying agency.

(6) Each applicant must submit applications and/or required reports stating diseases for which inspection is to be made and the number of inspections required and/or requested.

[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, 16-301-220, filed 12/4/00, effective 1/4/01.]

Washington State Code Reviser's Office