WSR 09-17-099

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed August 18, 2009, 8:46 a.m. , effective September 18, 2009 ]


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

Purpose: This rule-making order amends WAC 16-470-300 through 16-470-340, onion white rot disease by:

(1) Adding Benton County to the existing pest-free area;

(2) Modifying the existing language to increase its clarity and readability; and

(3) Updating the language to conform to current industry and regulatory standards.

Citation of Existing Rules Affected by this Order: Amending WAC 16-470-300, 16-470-305, 16-470-310, 16-470-320, 16-470-330, and 16-470-340.

Statutory Authority for Adoption: Chapters 17.24 and 34.05 RCW.

Adopted under notice filed as WSR 09-14-133 on July 1, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 6, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 6, Repealed 0.

Date Adopted: August 18, 2009.

Dan Newhouse

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