Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-09-124.

     Title of Rule and Other Identifying Information: Chapter 16-354 WAC, Hop rootstocks -- Certification, the department is proposing to amend the hop certification rule by:

     (1) Changing terminology used in the certification program;

     (2) Adding hop stunt viroid and arabis mosaic viruses to the list of diseases that certified hop planting stock needs to be free of; and

     (3) Revising the current language to make it more clear and readable and reflect current industry practices.

     Hearing Location(s): Washington Hop Commission, 301 West Prospect Place, Boardroom (upstairs), Moxee, WA 98936, on August 26, 2009, at 1:00 p.m.

     Date of Intended Adoption: September 2, 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 26, 2009.

     Assistance for Persons with Disabilities: Contact Henri Gonzales by August 19, 2009, TTY (800) 833-6388.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend the hop certification rule by: (1) Changing the terminology to be consistent with national terminology for crop certification programs; (2) adding hop stunt viroid and arabis mosaic viruses to the list of diseases that certified hop planting stock needs to be free of; and (3) revising the current language to make it more clear and readable and reflect current industry practices. At the request of the affected industry, hop stunt viroid and arabis mosaic viruses are proposed for addition to the list of diseases that must be absent in order for planting stock to be eligible for certification.

     Reasons Supporting Proposal: Certified planting stock is stock that has met standards for freedom from disease and other pests. Hop stunt viroid and arabis mosaic viruses are economically significant, exotic, and highly infectious diseases of commercial hops. Hop stunt viroid has recently been found for the first time in this state's hop planting stock. An industry sponsored project to eliminate it has been initiated at the WSU Irrigated Agriculture Research and Extension Center at Prosser. It would benefit the industry to incorporate freedom from these two diseases into criteria for certified planting stock. Changes to the existing rule may better prevent or minimize the possible spread of these highly infectious pathogens in Washington's hop planting stock and protect the hop industry from economically significant crop losses.

     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 hop commission, Washington state department of agriculture, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907.

     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. This revision adds two pathogens to the list of diseases for which there is zero tolerance in certified planting stock, brings rule terminology into compliance with national certification terminology, and makes other modifications to acknowledge current industry practices. None of these measures should result in a more than minor economic impact on any small business in the industry, and the use of cleaner planting stock is anticipated to have a positive economic impact on yields. 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 22, 2009

Mary A. Martin Toohey

Assistant Director

OTS-2520.1

     (2) Issuance of a state of Washington certified plant tag, stamp, or other document under this chapter means only that the tagged, stamped, or otherwise documented ((rootstock or plant)) planting stock has been subjected to procedures and requirements described in this chapter and determined to be in compliance with its standards and requirements. The department disclaims all express or implied warranties, including without limitation implied warranties of merchantability and fitness for particular purpose, regarding all plants, plant parts, and plant materials under this chapter.

     (3) The department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with this chapter. No grower, nursery dealer, government official or other person is authorized to give any expressed or implied warranty, or to accept financial responsibility on behalf of the department regarding this chapter.

     (4) Participation in the hop ((rootstock)) planting stock certification program is voluntary.

[Statutory Authority: Chapter 15.14 RCW. 98-09-049, § 16-354-005, filed 4/15/98, effective 5/16/98. Statutory Authority: RCW 15.14.030 (2), (5). 95-18-034 (Order 5083), § 16-354-005, filed 8/28/95, effective 9/28/95. Statutory Authority: Chapters 15.14 and 17.24 RCW. 91-08-016 (Order 2077), § 16-354-005, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 15.14 RCW. 85-15-046 (Order 1867), § 16-354-005, filed 7/16/85; Order 1264, § 16-354-005, filed 5/10/72.]

     "Broken or mutilated ((rootstock)) stock" means the breaking of the root section or splitting of the plant part or other mechanical injury that would affect the normal growth of the plant.

     (((2) "Certified mother block" means a planting of hop stocks established from foundation rootstock.

     (3))) "Certified ((rootstock)) stock" means ((rootstock)) planting stock produced from ((certified)) foundation stock or a registered mother block((s and meeting)) that complies with the requirements ((as herein provided)) of this chapter.

     (((4))) "Crown" means a slip or layered stem cutting with visible buds, that has been grown for one or two years.

     (((5))) "Crown gall" means the disease caused by Agrobacterium tumefaciens E. F. Sm. & Towns., Conn.

     (((6))) "Department" means the Washington state department of agriculture.

     (((7))) "Director" means the director of the Washington state department of agriculture or the director's authorized representative.

     (((8))) "Downy mildew and/or black rot" means the disease caused by Pseudoperonospora humuli Miy. & Tak., G. W. Wils. Black roots caused by this disease ((shall)) may not be ((permitted)) certified.

     (((9))) "Fairly clean" means that the plant parts are not matted or caked with dirt.

     (((10))) "Fairly fresh" means that the roots or cuttings are not excessively wilted.

     (((11))) "Firm" means that the plant parts are not soft or spongy, although they may yield to slight pressure.

     (((12))) "Foundation ((rootstock)) stock" means planting material taken from hop stocks established and maintained by Washington State University, which are indexed and believed to be free from known viruses((. Such stock must, as much as practicable, be)) and hop stunt viroid, and which are genetically uniform. Cuttings or rooted plants, which are used to establish registered mother blocks shall be furnished to the applicant for a fee determined by Washington State University.

     (((13))) "Free from damage caused by freezing injury" means that the roots shall be of a normal color and only moderately affected by discolored roots which affect the normal growth of the plant.

     (((14))) "Free from damage caused by mold" means that the plants shall be free from excessive mold or decay. Plants slightly affected by mold ((shall)) may be allowed.

     (((15))) "Hop cyst nematode" means the nematode Heterodera humuli Filipjev.

     (((16))) "Hop stunt viroid" means a group of viroids consisting of hop stunt viroid and its genetic variants.

     "Ilar virus" means a grouping of viruses, including apple mosaic virus and Prunus necrotic ringspot, which share common characteristics including spherical in shape, with genetic material in three different particles and commonly inducing ring spots in hosts.

     (((17))) "Index" means to determine virus infection by means of inoculation from the plant to be tested to an indicator plant or by any other method.

     (((18))) "Moist" means that the plant parts are reasonably turgid and not dried to a degree that would affect normal growth.

     (((19))) "Powdery mildew" means the disease caused by ((Sphaerotheca)) Podosphaera humuli (DC) Burrill = ((Sphaerotheca)) Podosphaera macularis (WALLR.: FR) Lind.

     (((20))) "Registered mother block" means a planting of hops established from foundation stock.

     "Rootknot nematode" means the nematode Meloidogyne sp.

     (((21))) "Verticillium wilt" means the disease caused by Verticillium albo-atrum Reinke & Berth. or hop strains of this organism.

     (((22))) "Virus-like" means a transmissible disorder of unknown cause.

[Statutory Authority: Chapter 15.14 RCW. 98-09-049, § 16-354-010, filed 4/15/98, effective 5/16/98. Statutory Authority: RCW 15.14.030 (2), (5). 95-18-034 (Order 5083), § 16-354-010, filed 8/28/95, effective 9/28/95. Statutory Authority: Chapters 15.14 and 17.24 RCW. 91-08-016 (Order 2077), § 16-354-010, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 15.14 RCW. 85-15-046 (Order 1867), § 16-354-010, filed 7/16/85; Order 1264, § 16-354-010, filed 5/10/72; Order 1023, Regulation 1, filed 6/16/66; Order 996, Regulation 1, filed 11/30/65; Order 947, Regulation 1, filed 4/13/64.]

     (a) The site must be inspected and approved by the department during the growing season immediately prior to planting. An exception may be made to allow inspection and planting during the same growing season, if exclusively greenhouse grown certified plants are planted on or after August 15th.

     (b) The site must have been out of hop production, and all poles and trellis removed, for a minimum of three full growing seasons prior to planting.

     (c) The site must be entirely free of residual hop plants or hop hullings.

     (d) The site must be separated from any other hop plants by a strip of land at least twenty-one feet wide.

     (2) A ((certified)) registered mother block must ((meet the following requirements:

     (a) The certified mother block must)) consist of no more than one hop variety or strain. ((Certified))

     (3) Registered mother blocks of different varieties or strains must be separated at all points by a strip of land at least twenty-one feet wide and free of hop plants.

     (((b))) (4) Any material planted in a ((certified)) registered mother block must ((meet)) comply with at least one of the following ((criteria)) requirements:

     (((i))) (a) Foundation rootstock produced by Washington State University;

     (((ii))) (b) Rootstock from another ((certified)) registered mother block;

     (((iii))) (c) Growing plants or cuttings from foundation mother plants grown by Washington State University; or

     (((iv))) (d) Growing plants or cuttings from another ((certified)) registered mother block.

     (((c))) (5) Plant material, including rootstock and plants described in (((b)(ii) and (iv) of this)) subsection (4) of this section, may be moved from one ((certified)) registered mother block to another ((certified)) registered mother block site only after appropriate testing by a Washington State University plant pathologist and written approval by the department.

     (((d))) (6) A ((certified)) registered mother block must be kept free of hop hullings at all times.

     (((e))) (7) No ((certified)) registered mother block location may retain certification for more than:

     (((i))) (a) Four consecutive growing seasons, if the ((certified)) registered mother block was produced from rootstock; or

     (((ii))) (b) Five consecutive growing seasons, if the ((certified)) registered mother block was produced from cuttings or growing plants.

     (((f))) (8) If a male plant or pollinated female plant is found during any inspection, the grower may harvest certified ((rootstock)) planting stock from the ((certified)) registered mother block for the subsequent harvest only. After this harvest, the registered mother block site must be decertified.

     (((g))) (9) Plant pests and weeds must be effectively controlled.

     (((h))) (10) Growers shall rogue (i.e., dig and remove) and immediately destroy all male, diseased, unhealthy appearing or otherwise abnormal plants. ((For purposes of assessing disease intensity, an exception may be made for plants exhibiting powdery mildew symptoms.))

[Statutory Authority: Chapter 15.14 RCW. 98-09-049, § 16-354-020, filed 4/15/98, effective 5/16/98; 93-17-019 (Order 5000), § 16-354-020, filed 8/10/93, effective 9/10/93. Statutory Authority: Chapters 15.14 and 17.24 RCW. 91-08-016 (Order 2077), § 16-354-020, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 15.14 RCW. 85-15-046 (Order 1867), § 16-354-020, filed 7/16/85; 79-06-038 (Order 1631), § 16-354-020, filed 5/17/79; Order 1264, § 16-354-020, filed 5/10/72; Order 1023, Regulation II, filed 6/16/66; Order 996, Regulation II, filed 11/30/65; Order 947, Regulation II, filed 4/13/64.]

     (2) Timing and inspection methods will vary, depending on weather conditions, the disease or pest being sought, and other factors.

     (3) The first inspection is intended primarily to detect downy mildew, as well as other diseases and pests.

     (4) The second inspection is intended primarily to detect Ilar viruses, viroids and virus-like diseases.

     (5) The third inspection is intended primarily to detect powdery mildew, as well as other diseases and pests.

     (6) Inspection reports may contain observations and information on diseases, pests, and other factors for which no specific tolerances are established or which do not affect the certification status of the ((rootstock or hop plants)) planting stock.

     (7) The presence of verticillium wilt, detected at any time, shall cause immediate decertification of the site. The grower must dig and destroy all affected plants immediately. Affected material may be removed from the site under suitable precautions only by a Washington State University plant pathologist or the department for diagnostic or verification purposes.

[Statutory Authority: Chapter 15.14 RCW. 98-09-049, § 16-354-030, filed 4/15/98, effective 5/16/98. Statutory Authority: Chapters 15.14 and 17.24 RCW. 91-08-016 (Order 2077), § 16-354-030, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 15.14 RCW. 85-15-046 (Order 1867), § 16-354-030, filed 7/16/85; Order 1264, § 16-354-030, filed 5/10/72; Order 1023, Regulation III, filed 6/16/66; Order 996, Regulation III, filed 11/30/65; Order 947, Regulation III, filed 4/13/64.]

     (2) As a condition of participation in the hop ((rootstock)) planting stock certification program, the applicant grower must furnish to the department all requested information pertinent to the operation of the program and must give consent to the department to take material from ((certified)) registered mother blocks and/or greenhouses for examination and testing.

     (3) Fees for field inspections or inspection of harvested ((rootstock)) planting stock for grade, phytosanitary certification, or other purposes are assessed at the appropriate rate established in chapter 16-401 WAC.

     (4) Payment for each inspection is due upon completion of the inspection. Billing may be arranged subject to department policies and processes.

[Statutory Authority: Chapters 15.14 and 34.05 RCW. 04-24-050, § 16-354-040, filed 11/29/04, effective 12/30/04. Statutory Authority: Chapter 15.14 RCW. 98-09-049, § 16-354-040, filed 4/15/98, effective 5/16/98. Statutory Authority: Chapters 15.14 and 17.24 RCW. 91-08-016 (Order 2077), § 16-354-040, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 15.14 RCW. 85-15-046 (Order 1867), § 16-354-040, filed 7/16/85; 79-06-038 (Order 1631), § 16-354-040, filed 5/17/79; Order 1264, § 16-354-040, filed 5/10/72; Order 1023, Regulation IV, filed 6/16/66; Order 996, Regulation IV, filed 11/30/65; Order 947, Regulation IV filed 4/13/64.]

     (a) Accurately identifying the ((rootstock)) planting stock as to variety and year of harvest;

     (b) Accurately identifying the ((rootstock)) planting stock as complying with all of the conditions of the certified hop ((rootstock)) planting stock program.

     (2) Any person issued certification tag(s) must keep written records of stock produced and sold. These records must be produced at the request of the department.

[Statutory Authority: Chapters 15.14 and 34.05 RCW. 04-24-050, § 16-354-050, filed 11/29/04, effective 12/30/04. Statutory Authority: Chapter 15.14 RCW. 98-09-049, § 16-354-050, filed 4/15/98, effective 5/16/98; 85-15-046 (Order 1867), § 16-354-050, filed 7/16/85; Order 1264, § 16-354-050, filed 5/10/72; Order 1023, Regulation V, filed 6/16/66; Order 996, Regulation V, filed 11/30/65; Order 947, Regulation V, filed 4/13/64.]

     (2) Each entire ((certified)) registered mother block may have no more than the following percent of affected plants:

	Tolerance
Downy mildew	1%
Visible nematode damage	1%
Verticillium wilt	0
Ilar viruses	0
Arabis mosaic viruses	0
Hop stunt viroid	0

[Statutory Authority: Chapter 15.14 RCW. 98-09-049, § 16-354-070, filed 4/15/98, effective 5/16/98. Statutory Authority: RCW 15.14.030 (2), (5). 95-18-034 (Order 5083), § 16-354-070, filed 8/28/95, effective 9/28/95. Statutory Authority: Chapters 15.14 and 17.24 RCW. 91-08-016 (Order 2077), § 16-354-070, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 15.14 RCW. 85-15-046 (Order 1867), § 16-354-070, filed 7/16/85; Order 1264, § 16-354-070, filed 5/10/72.]

     (2) Washington No. 1 shall consist of hop slips or rhizomes and/or layered stem cuttings of one strain, not less than five inches in length and not less than five-sixteenths inch in diameter and containing at least one visible bud, crowns not less than six inches in length and not less than three-fourths inch in diameter, with one or more visible buds which are:

     (a) Fairly fresh.

     (b) Firm.

     (c) Moist.

     (d) Fairly clean.

     (e) Free from damage caused by:

     (i) Mold.

     (ii) Freezing injury.

     (iii) Broken or mutilated ((rootstocks)) planting stock.

     (iv) Crown gall.

     (v) Black rot.

[Statutory Authority: Chapter 15.14 RCW. 85-15-046 (Order 1867), § 16-354-090, filed 7/16/85.]

     (2) In order to insure lot uniformity, no individual container within a lot may contain more than one and one-half times the established tolerance.

     (3) Hop plants shall be packed to retain a fresh condition.

     (4) The department may inspect ((rootstock)) planting stock from ((certified)) registered mother blocks after harvest and packing for the purpose of verifying that it meets grades and standards established in rule.

[Statutory Authority: Chapter 15.14 RCW. 98-09-049, § 16-354-100, filed 4/15/98, effective 5/16/98. Statutory Authority: Chapters 15.14 and 17.24 RCW. 91-08-016 (Order 2077), § 16-354-100, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 15.14 RCW. 85-15-046 (Order 1867), § 16-354-100, filed 7/16/85.]

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