WSR 09-14-133

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed July 1, 2009, 9:55 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-10-014.

Title of Rule and Other Identifying Information: WAC 16-470-300 through 16-470-340, onion white rot disease. The department is proposing to revise the current onion white rot disease rule by adding Benton County to the existing pest-free area. In addition, the department is amending 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 University, Irrigated Agriculture Research and Extension Center (IAREC), 24106 North Bunn Road, Hamilton Hall, Small Conference Room, Prosser, WA 99350, on August 11, 2009, at 1:00 p.m.

Date of Intended Adoption: August 18, 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 August 11, 2009.

Assistance for Persons with Disabilities: Contact Henri Gonzales by August 4, 2009, TTY (800) 833-6388.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to revise the current onion white rot rule by adding Benton County to the existing pest-free area. Onion white rot is a potentially devastating disease of onions and closely related species. It can cause greatly decreased yields and reduced storage quality. Once a field is infested the disease remains indefinitely in the soil. A quarantine was established in the 1980s to prevent the introduction and spread of the disease within the production areas of Washington state where onion white rot does not occur. The affected growers have requested amending the rule to add Benton County to the existing pest-free area to protect onion and seed garlic production in that county.

Reasons Supporting Proposal: Modifying the existing quarantine is necessary to protect the onion and seed garlic crop from this potentially devastating disease.

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 businesses in an industry. Since commercial onion growers usually plant with true seed and true seed is exempt from the quarantine, the rule amendments would have no more than minor additional cost for commercial growers. In addition, onion sets and bulbs are sold by retail nurseries for noncommercial purposes. To determine whether the revision would have a financial impact on small businesses in Benton County, plant services staff surveyed nursery garden centers in Benton County. None of the responders believed that the revision would have a more than minor economic effect on their business. Analysis of the economic effects of the proposed rule amendments demonstrate that the changes will not impose more than minor cost on the regulated industry and, therefore, an 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).

July 1, 2009

Mary A. Martin Toohey

Assistant Director

OTS-2361.1


AMENDATORY SECTION(Amending WSR 01-01-013, filed 12/6/00, effective 1/6/01)

WAC 16-470-300   Quarantine -- Onion white rot disease.   Onion white rot is a potentially devastating disease of onions and closely related species, which ((causes)) can greatly ((decreased)) decrease yields and ((reduced)) reduce storage quality. It is spread primarily by movement of contaminated water, soil, equipment, tools, and machinery, and by infested onion plants and plant parts. Onion white rot disease is caused by the fungus Sclerotium cepivorum((, a fungus)). Once a field is infested, the ((disease)) fungus remains indefinitely in the soil. The director finds that onion white rot disease is detrimental to the onion industry of Washington ((state)) and establishes a quarantine to prevent introduction and spread of the disease ((within)) into noninfested areas of ((Washington)) the state.

[Statutory Authority: Chapter 17.24 RCW. 01-01-013, 16-470-300, filed 12/6/00, effective 1/6/01; 86-07-020 (Order 1881), 16-470-300, filed 3/12/86; 85-20-043 (Order 1873), 16-470-300, filed 9/25/85.]


AMENDATORY SECTION(Amending WSR 01-01-013, filed 12/6/00, effective 1/6/01)

WAC 16-470-305   Onion white rot disease -- Definitions.   The following definitions apply to WAC 16-470-300 through 16-470-340:

(1) "Onion" means any plant of the Allium genus, including, but not limited to((,)) onion, garlic, leek, chive and shallots.

(2) "Pest-free area ((for onion white rot))" means Adams, Benton, Franklin and Grant counties.

[Statutory Authority: Chapter 17.24 RCW. 01-01-013, 16-470-305, filed 12/6/00, effective 1/6/01.]


AMENDATORY SECTION(Amending WSR 01-01-013, filed 12/6/00, effective 1/6/01)

WAC 16-470-310   Onion white rot disease -- Area under order.   The area under ((exterior)) quarantine for onion white rot disease is all states of the United States and all areas of Washington outside of the pest-free area. ((The area under interior quarantine for onion white rot disease is all counties of Washington state.))

[Statutory Authority: Chapter 17.24 RCW. 01-01-013, 16-470-310, filed 12/6/00, effective 1/6/01; 85-20-043 (Order 1873), 16-470-310, filed 9/25/85.]


AMENDATORY SECTION(Amending WSR 01-01-013, filed 12/6/00, effective 1/6/01)

WAC 16-470-320   Onion white rot disease -- Restrictions -- Control -- Prevention -- Sanitation.   ((The following restrictions are declared to be the proper methods for the control and prevention of the introduction of onion white rot disease, which shall be used in the pest-free area for onion white rot:))

(1) No person shall ((import)) transport onion bulbs, sets or seedlings into the pest-free area ((for onion white rot)) for the purpose of planting or propagation, except those ((produced in and shipped from any area of this state or other states where onion white rot is not known to occur. Each shipment must be certified to be free from white rot disease by the pest protection organization of the state where the onion planting stock was produced)) that are certified free of onion white rot disease by the plant protection organization of the state of origin.

(2) Except as provided in this chapter, no person shall ((in any manner import or move soil,)) bring machinery, tools, or equipment, previously used in onion production, into the pest-free area ((for onion white rot. If the soil,)) unless the machinery, tools, or equipment have been ((previously used in any manner in fields outside the pest-free area for onion white rot. Machinery, tools or equipment may be imported or moved into the pest-free area for onion white rot with prior approval from the department. The soil, machinery, tools or equipment must be)) cleaned and sanitized ((to the satisfaction of the department)) prior to movement into the pest-free area ((for onion white rot)). ((The)) Cleaning ((shall)) must include the thorough removal of all soil and debris ((by the use of)) followed by sanitization with steam under pressure((. Sanitation must be accomplished by the use of steam)) or other methods approved by the department. ((For the purposes of this section, "machinery, tools or equipment" includes but is not limited to vehicles, farm trucks, harvesters, and tillage equipment.))

(3) ((The department may stop the movement into or within the pest-free area for onion white rot of any machinery, tools or equipment that has not been cleaned and sanitized as provided in this section.

(4) No person shall knowingly import into the pest-free area for onion white rot)) Livestock which have been pastured on ((irrigated)) fields ((known to be)) infested with ((white rot)) Sclerotium cepivorum or which have been fed white rot infested plant parts may not be transported into the pest-free area. Onion ((white rot infested)) plants or plant parts may not be ((imported)) transported into the ((quarantine)) pest-free area for livestock feed. ((Onion white rot infested plant parts found in the pest-free area for onion white rot may not be fed to livestock.)) No restrictions are imposed by this section on livestock moving to feed lots, sale yards, or exhibition sites (such as fairgrounds, shows, etc.) in the pest-free area ((for onion white rot)).

[Statutory Authority: Chapter 17.24 RCW. 01-01-013, 16-470-320, filed 12/6/00, effective 1/6/01; 85-20-043 (Order 1873), 16-470-320, filed 9/25/85.]


AMENDATORY SECTION(Amending WSR 01-01-013, filed 12/6/00, effective 1/6/01)

WAC 16-470-330   Onion white rot disease -- Enforcement.   (1) The department may inspect any ((onions or)) onion plant, plant part, or plantings ((areas)) within the pest-free area ((for onion white rot during any time of the year)) to determine whether ((the disease organism)) Sclerotium cepivorum is present. If ((the department finds the disease organism in onions)) Sclerotium cepivorum is detected at any stage of production or transportation or in ((land)) soil, the department may ((seize)) impound any infested onions ((which are separated from the land on which they were grown,)) or other articles and by written order direct the control and eradication of an infestation.

(2) Movement of infested onions or other articles within the pest-free area ((for onion white rot)) or removal of infested onions or other articles from the pest-free area ((for onion white rot must be carried out only with the department's prior approval and under its supervision)) is prohibited, except when the infested onions or other articles are accompanied by a written permit issued by the department. Requests for permits must be addressed to: Plant Services Program Manager, Plant Protection Division, Washington State Department of Agriculture, 1111 Washington St. S.E., P.O. Box 42560, Olympia, WA 98540-2560; fax 360-902-2092; e-mail: nursery@agr.wa.gov.

(3) Control and eradication methods that may be used are limited to those approved by the department. They may include:

(a) ((The destruction of any infested)) Destroying onions from an infested lot, bin, or location, and other infested articles;

(b) ((A directive that a specific)) Prohibiting the production of onions in part or all of any infested area ((be taken out of onion production));

(c) ((A directive that any infested area be fenced, properly diked to prevent)) Preventing off-flow of irrigation or rainwater((, and planted to an approved crop which will prevent soil erosion and will not require annual tillage)) from any infested area;

(d) Prohibiting the pasturing of animals on any infested area;

(e) ((A directive that)) Requiring equipment, tools and machinery used on an infested area be cleaned and sanitized as described in WAC 16-470-320 prior to removal from the area.

[Statutory Authority: Chapter 17.24 RCW. 01-01-013, 16-470-330, filed 12/6/00, effective 1/6/01; 85-20-043 (Order 1873), 16-470-330, filed 9/25/85.]


AMENDATORY SECTION(Amending Order 1873, filed 9/25/85)

WAC 16-470-340   Onion white rot disease -- Research.   The department may, with the consent of the owner, allow use of an infested growing area as an experimental plot by Washington State University for onion white rot research. Use of the growing area for research shall be subject to the prior written approval of((, and supervised by)) the department.

[Statutory Authority: Chapter 17.24 RCW. 85-20-043 (Order 1873), 16-470-340, filed 9/25/85.]

Washington State Code Reviser's Office