WSR 09-18-116

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed September 2, 2009, 9:10 a.m. , effective October 3, 2009 ]


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

Purpose: This rule-making order amends chapter 16-497 WAC, Hop disease quarantine, by (1) 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 (2) revising the current language to make it more clear and readable and to reflect current industry practices.

Citation of Existing Rules Affected by this Order: Repealing WAC 16-497-060; and amending WAC 16-497-005, 16-497-020, 16-497-030, and 16-497-050.

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

Adopted under notice filed as WSR 09-15-180 on July 22, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 1.

Date Adopted: September 2, 2009.

Dan Newhouse

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