WSR 07-11-013

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 3, 2007, 11:22 a.m. , effective June 3, 2007 ]


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

Purpose: This rule-making order amends chapter 16-482 WAC, Seed potato quarantine, by requiring 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.

Citation of Existing Rules Affected by this Order: Repealing WAC 16-482-007; and amending WAC 16-482-003, [(new section)] WAC 16-482-005, 16-482-010, 16-482-015, 16-482-017, and 16-482-020.

Statutory Authority for Adoption: Chapters 17.24 and 34.05 RCW.

Adopted under notice filed as WSR 07-07-107 on March 19, 2007.

Changes Other than Editing from Proposed to Adopted Version: Added the words "are regulated articles" to complete a sentence in WAC 16-482-005. The sentence now reads, "All seed potatoes used throughout the state for commercial plantings in excess of one acre or for any acreage of seed potato production are regulated articles." The change does not alter the meaning.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 6, Repealed 1; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 6, Repealed 1.

Date Adopted: May 3, 2007.

Valoria H. Loveland

Director

OTS-9622.2


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.

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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 are regulated articles.

[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