WSR 09-10-054

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 4, 2009, 8:40 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-18-078.

Title of Rule and Other Identifying Information: Chapter 16-334 WAC, rules relating to the production of garlic seed certification. The department is proposing to revise the current seed garlic certification rule by adding an exception to the five hundred feet buffer required between certified garlic and noncertified allium. In addition, the department may amend the existing language to increase its clarity and readability and update the language to conform to current industry and regulatory standards.

Hearing Location(s): Washington State Department of Agriculture, 1111 Washington Street S.E., Natural Resources Building, Conference Room 205, Olympia, WA 98504-2560, on June 15, 2009, at 10:00 a.m.

Date of Intended Adoption: June 22, 2009.

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 June 15, 2009.

Assistance for Persons with Disabilities: Contact Henri Gonzales by June 8, 2009, TTY (800) 833-6388.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: At the request of the affected industry, the department is proposing to revise the current seed garlic certification rule by adding an exception to the five hundred feet buffer required between certified garlic and noncertified allium. Participation in the seed garlic certification program is voluntary.

Reasons Supporting Proposal: This rule change is proposed in order to respond to recent industry developments. In the past, noncertified alliums (garlic and onion crops) were grown exclusively through vegetative propagation (e.g. onion sets). Onion white rot disease, a primary target pest of the garlic certification program, is spread primarily through vegetative propagation. In order to prevent spread of the disease to certified seed garlic, the current rule requires a buffer of five hundred feet around certified garlic plantings. However, noncertified allium crops are now being grown from true seed, which would not be likely to transmit the disease or to endanger nearby certified seed garlic plantings. This revision would allow the department to grant a waiver in the case of true seed grown onions.

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, 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 businesses in an industry. The department has analyzed the economic effects of the proposed revisions and has concluded that there are negligible additional costs 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).

May 4, 2009

Mary A. Martin Toohey

Assistant Director

OTS-2367.1

Chapter 16-334 WAC

((RULES RELATING TO THE PRODUCTION OF)) GARLIC ((SEED)) PLANTING STOCK REGISTRATION AND CERTIFICATION


AMENDATORY SECTION(Amending WSR 98-11-048, filed 5/18/98, effective 6/18/98)

WAC 16-334-030   Requirements for participation in the seed garlic certification program.   (1) Participants in the seed garlic certification program must submit an annual two-hundred dollar application fee and all applications for plant propagation and certification by July 1 prior to planting. A separate application form must be used for each variety to be certified.

(2) As a condition of participation in the seed garlic certification program, the applicant grower must furnish the department all requested information pertinent to the operation of the program and must give consent to the department to take material for examination and testing.

(3) Garlic seed to be planted into registered or certified blocks must be inspected and tested in compliance with WAC 16-334-030 during the prior growing season by the department or by another certifying agency approved by the department. All such garlic seed must be found to be free of stem and bulb nematode and white rot fungus.

(4) Foundation blocks must be planted with garlic seed that has been through an approved disease elimination process.

(5) Registered blocks must be planted with garlic seed that originates from an approved program as foundation or registered stock.

(6) Certified blocks must be planted with garlic seed that originates from an approved program as foundation stock, registered stock or certified stock. The department may accept other garlic seed as certified stock, if the garlic seed has been inspected, tested, and found free of stem and bulb nematode and white rot fungi, as specified in subsection (3) above, for the previous two growing seasons.

(7) Planting sites for foundation, registered and certified blocks must be inspected and approved by the department at least 30 days prior to planting. At a minimum, planting sites must comply with all of the following criteria:

(a) The site has been out of Allium spp. production for at least five years;

(b) The site is found free of stem and bulb nematode based on an official laboratory test;

(c) The site is not infested with white rot fungus;

(d) The site is not likely to become infested with stem and bulb nematode or white rot fungus by drainage, flooding or irrigation;

(e) The site is separated from all other certified, registered, or foundation blocks by a minimum of six feet, unless the department approves alternative precautions to preserve identity;

(f) The site is a minimum of five hundred feet from any planting of noncertified Allium spp. The department may waive this requirement if the noncertified Allium was planted with true seed and a representative sample of the seed was tested and found free of Ditylenchus dipsaci.

[Statutory Authority: Chapter 15.14 RCW. 98-11-048, 16-334-030, filed 5/18/98, effective 6/18/98.]

Washington State Code Reviser's Office