WSR 07-09-005

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed April 4, 2007, 4:12 p.m. , effective May 5, 2007 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: This rule-making order modifies the due date for phyto-sanitary field inspection applications form various calendar dates to twenty-one days after planting. This better aligns the timing of the field inspection with the crop maturity, thus allowing for inspections to occur at a time when disease symptoms are most evident.

Citation of Existing Rules Affected by this Order: Amending WAC 16-301-220.

Statutory Authority for Adoption: RCW 15.49.310.

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 07-04-107 on February 7, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: April 3, 2007.

Valoria Loveland

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