WSR 09-15-180

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed July 22, 2009, 7:52 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-09-123.

Title of Rule and Other Identifying Information: Chapter 16-497 WAC, Hop disease quarantine, at the request of the affected industry, the department is proposing to amend the hop disease quarantine rule by adding hop stunt viroid and arabis mosaic viruses to the list of diseases that hop planting stock entering the state needs to be certified free of. In addition, the department is proposing to revise the current language to make it more clear and readable and to 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 disease quarantine rule by adding hop stunt viroid and arabis mosaic viruses to the list of diseases that hop planting stock entering the state needs to be certified free of and revising the current language to make it more clear and readable and to reflect current industry practices.

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. Adding it to the list of prohibited diseases in the existing quarantine rule has been proposed by the affected industry to protect the state from reinfestation. Changes to the existing quarantine may better prevent or minimize the possible spread of these highly infectious pathogens into Washington's hop planting stock and protect the state's hop industry from economically significant crop yield losses.

Statutory Authority for Adoption: Chapters 17.24, 15.14, and 34.05 RCW.

Statute Being Implemented: Chapters 17.24 and 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 planting stock imported from other states, 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-2521.1


AMENDATORY SECTION(Amending Order 5082, filed 8/28/95, effective 9/28/95)

WAC 16-497-005   Hop disease quarantine -- Definitions.   (((1) "Director" means the director of the Washington state department of agriculture or the director's authorized representative.

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

(3) "Ilar viruses" 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.

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

(5) "Powdery mildew" means the disease caused by Sphaerotheca macularis (WALLR.: FR) Lind = Sphaerotheca humuli (DC) Burrill.)) "Arabis mosaic viruses" means a grouping of viruses that are polyhedral, have a bipartite genome and induce diseases such as bare-bine, spidery hop, split leaf blotch and hop chlorotic disease. In combination with satellite RNA, arabis mosaic virus induces hop nettlehead disease.

"Department" means the Washington state department of agriculture.

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

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

"Ilar viruses" 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.

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

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

[Statutory Authority: RCW 17.24.041. 95-18-033 (Order 5082), 16-497-005, filed 8/28/95, effective 9/28/95. Statutory Authority: Chapters 15.14 and 17.24 RCW. 91-08-016 (Order 2077), 16-497-005, filed 3/27/91, effective 4/27/91.]


AMENDATORY SECTION(Amending Order 2077, filed 3/27/91, effective 4/27/91)

WAC 16-497-020   Regulated articles.   Plants and all parts ((thereof)) (except the kiln dried cone) of hops (Humulus lupulus L.)

[Statutory Authority: Chapters 15.14 and 17.24 RCW. 91-08-016 (Order 2077), 16-497-020, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 17.24 RCW. 80-01-093 (Order 1663), 16-497-020, filed 12/31/79, effective 6/1/80.]


AMENDATORY SECTION(Amending Order 5082, filed 8/28/95, effective 9/28/95)

WAC 16-497-030   Regulations -- Conditions governing the movement of regulated articles.   Hop plants and all hop plant parts ((thereof)) will be admitted into the state of Washington((: Provided, That)), if all of the following provisions are complied with((.)):

(1) The hop plant or hop plant parts ((thereof)) have been certified in accordance with the regulations of an official state agency, ((which)) in a certification program that requires a minimum of all of the following:

(a) At least two field inspections during the growing season((, and requires that)).

(b) Zero percent certification tolerances ((shall not exceed:)) for powdery mildew, Verticillium wilt (((albo atrum (dm)))), hop stunt viroid, arabis mosaic viruses and Ilar viruses((, zero percent: And provided further, That)).

(c) All shipments of ((such hop)) certified planting stock ((shall be)) are apparently free of insect pests ((and shall be)).

(d) All shipments are accompanied by a certificate issued by an official agency of the state of origin certifying that the hop planting stock was produced under official certification regulations and meets official standards.

(2) All shipments of hop planting stock ((shall be)) are plainly marked with the contents on the outside of the package or container.

(3) Persons shipping or transporting regulated articles into this state from areas under quarantine ((shall)) must notify the department's plant ((certification branch)) services program of the nature and quantity of each shipment, the expected date of arrival at destination, the name of the intended receiver and the destination. The person to whom the articles are shipped ((shall)) must hold ((the same)) them in isolation from other hop planting stock until they are inspected and/or released by the department.

[Statutory Authority: RCW 17.24.041. 95-18-033 (Order 5082), 16-497-030, filed 8/28/95, effective 9/28/95. Statutory Authority: Chapters 15.14 and 17.24 RCW. 91-08-016 (Order 2077), 16-497-030, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 17.24 RCW. 80-01-093 (Order 1663), 16-497-030, filed 12/31/79, effective 6/1/80.]


AMENDATORY SECTION(Amending Order 2077, filed 3/27/91, effective 4/27/91)

WAC 16-497-050   Exemption.   The restrictions on the movement of regulated articles set forth in this chapter shall not apply to hop plants or parts of plants imported for ((experimental or trial)) research purposes by the United States Department of Agriculture or the state experiment stations in the state of Washington.

[Statutory Authority: Chapters 15.14 and 17.24 RCW. 91-08-016 (Order 2077), 16-497-050, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 17.24 RCW. 80-01-093 (Order 1663), 16-497-050, filed 12/31/79, effective 6/1/80.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 16-497-060 Violation and penalty.

Washington State Code Reviser's Office