WSR 09-14-021

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed June 22, 2009, 4:16 p.m. , effective July 23, 2009 ]


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

Purpose: This rule-making order amends chapter 16-334 WAC, Rules relating to the production of garlic seed certification by adding an exception to the five hundred feet buffer required between certified garlic and noncertified allium; and modifying the existing language to increase its clarity and readability.

Citation of Existing Rules Affected by this Order: Amending WAC 16-334-030.

Statutory Authority for Adoption: Chapters 15.14 and 34.05 RCW.

Adopted under notice filed as WSR 09-10-054 on May 4, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: June 22, 2009.

Dan Newhouse

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