WSR 07-07-107

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed March 19, 2007, 3:17 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-23-110.

Title of Rule and Other Identifying Information: Chapter 16-482 WAC, Seed potato quarantine, the department is proposing to revise the current seed potato quarantine to require all seed potatoes planted in Washington comply with the state national harmonization program for seed potatoes (SNHP). Specifically, this includes:

(1) Changing the regulated area to the entire state;

(2) Increasing the certification document retention period to a minimum of three years;

(3) Requiring growers to furnish certification documentation to the department within thirty days of a written request; and

(4) Modifying rule language to increase its clarity and readability.

Hearing Location(s): Washington State University Extension Office, Whatcom County Courthouse Annex, 1000 North Forest Street, Suite 201, Bellingham, WA 98225, on April 24, 2007, at noon; and at the Washington State Potato Commission, 108 Interlake Road, Moses Lake, WA 98837, on April 26, 2007, at noon.

Date of Intended Adoption: Not before May 3, 2007.

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 April 26, 2007.

Assistance for Persons with Disabilities: Contact Henri Gonzales by April 17, 2007, TTY (360) 902-1996 or (360) 902-2061.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule change will bring Washington rules into compliance with the recent state national harmonization program for seed potatoes (SNHP). SNHP is the new national standard for seed potato certification. SNHP will enable the United States Department of Agriculture -- Animal and Plant Health Inspection Service (USDA-APHIS) to establish nationwide official regulatory control for pests managed through seed potato certification, so that the United States crop can be protected from pests from countries other than Canada and so that it will be in compliance with trade agreements under the World Trade Organization. When implemented, it will allow USDA-APHIS to obtain better access to international markets for United States potatoes.

Reasons Supporting Proposal: Revising the current rule is necessary to preserve market access for Washington seed potato growers.

Statutory Authority for Adoption: Chapters 17.24 and 34.05 RCW.

Statute Being Implemented: Chapter 17.24 RCW.

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

Name of Proponent: Washington state department of agriculture, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Tom Wessels, 1111 Washington Street, 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 business 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 small businesses in 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).

March 16, 2007

Mary A. Martin Toohey

Assistant Director

OTS-9622.1


NEW SECTION
WAC 16-482-003   Definitions.   "Department" means the Washington state department of agriculture.

"State National Harmonization Program for seed potatoes" means the United States Department of Agriculture program regarding phytosanitary certification standards for seed potatoes and pest management.

[]


AMENDATORY SECTION(Amending Order 2075, filed 3/13/91, effective 4/13/91)

WAC 16-482-005   Regulated articles.   All seed potatoes used throughout the state for commercial plantings in excess of one acre or for any acreage of seed potato production.

[Statutory Authority: Chapter 17.24 RCW. 91-07-016 (Order 2075), 16-482-005, filed 3/13/91, effective 4/13/91.]


AMENDATORY SECTION(Amending Order 2075, filed 3/13/91, effective 4/13/91)

WAC 16-482-010   Regulations -- Certified seed requirement.   (1) Except as provided in WAC 16-482-015, all seed potatoes ((propagated)) planted within the state for commercial or for seed production ((within the regulated area)) shall be ((from)) certified seed, produced as a part of a certified seed potato program in the state or country of origin ((and accepted and certified by that program)) that meets the requirements of Article 4 of the State National Harmonization Program for seed potatoes.

(2) The department may sample and test any lot of seed potatoes or conduct field inspections for the purpose of testing and verification of compliance with this chapter.

[Statutory Authority: Chapter 17.24 RCW. 91-07-016 (Order 2075), 16-482-010, filed 3/13/91, effective 4/13/91; Order 1126, 16-482-010, filed 10/9/69, effective 11/10/69.]


AMENDATORY SECTION(Amending Order 2075, filed 3/13/91, effective 4/13/91)

WAC 16-482-015   Regulations -- Certified seed -- Exceptions.   The certified seed requirement shall not be applicable to:

(1) Potatoes planted for personal use or other noncommercial purposes;

(2) Commercial production, other than for production of seed potatoes, of not more than one acre; or

(3) Experimental or seed trial plots as provided in WAC 16-482-016.

[Statutory Authority: Chapter 17.24 RCW. 91-07-016 (Order 2075), 16-482-015, filed 3/13/91, effective 4/13/91.]


AMENDATORY SECTION(Amending Order 2075, filed 3/13/91, effective 4/13/91)

WAC 16-482-017   Recordkeeping requirement.   All commercial potato growers ((within the regulated area shall be responsible for obtaining)) are required to obtain certification documents or tags to verify that all seed potatoes ((used for propagation purposes)) planted in this state comply with the terms of this chapter. ((Such documents shall be retained by the grower for a period of one calendar year and a copy provided to the department of agriculture, plant services division, upon written request to the grower.)) Growers must retain certification documents for at least three years and provide them to the department within thirty days of a written request. Such documents shall include the total weight of certified seed potatoes and shall be issued by an official certifying agency in the state or country of origin. Falsification of seed potato documents shall subject the grower to penalties provided in law.

[Statutory Authority: Chapter 17.24 RCW. 91-07-016 (Order 2075), 16-482-017, filed 3/13/91, effective 4/13/91.]


AMENDATORY SECTION(Amending Order 2075, filed 3/13/91, effective 4/13/91)

WAC 16-482-020   Disposition of material shipped in violation of this quarantine.   (1) Seed potatoes shipped in violation of this quarantine may be returned to the point of origin, diverted to nonseed use, or destroyed at the option and expense of the owner or owners or their responsible agents.

(2) Seed potatoes planted and growing in violation of the terms of this quarantine may be destroyed or placed under quarantine, with terms and conditions for that quarantine specified by the director, at the option and expense of the grower or owners or their responsible agents. Potatoes, placed under quarantine for violation of the terms of this chapter and found to be infested or infected with a viral, fungal, bacterial or nematode disease by subsequent inspection or testing shall be destroyed at the expense of the grower, without compensation.

(3) In addition to the actions specified in subsections (1) and (2) of this section, any grower violating the terms of this quarantine shall be subject to civil and/or criminal penalties provided ((by)) in law((s)).

[Statutory Authority: Chapter 17.24 RCW. 91-07-016 (Order 2075), 16-482-020, filed 3/13/91, effective 4/13/91; Order 1126, 16-482-020, filed 10/9/69, effective 11/10/69.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 16-482-007 Regulated area.

Washington State Code Reviser's Office