WSR 10-12-017

EMERGENCY RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 21, 2010, 2:19 p.m. , effective May 21, 2010, 2:19 p.m. ]


Effective Date of Rule: Immediately.

Purpose: This rule-making order amends chapter 16-481 WAC by establishing a quarantine for European grapevine moth. This quarantine requires grapes, grapevines, and equipment and appliances used in the growing, packing or transporting of grapes and grapevines from infested states to be certified free of European grapevine moth. Commercially packed table grapes and seed extracted from grapes are excluded from this quarantine.

Citation of Existing Rules Affected by this Order: Amending WAC 16-481-015.

Statutory Authority for Adoption: Chapters 15.13, 17.24, and 34.05 RCW.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Timely prevention of intrusion into this state of a nonnative, invasive pest species on or in association with horticultural plants and fruit is of grave and immediate concern. The European grapevine moth, a potentially devastating pest that feeds primarily on flowers and berries of grapevines, was first detected in the Napa Valley of California at the end of last year's growing season. This was the first detection of the moth in North America. It has since been detected in several more California counties and appears very likely to spread further, unless strong prevention measures are taken.

Introduction of European grapevine moth into Washington could severely impact grape production and disrupt Washington export markets for many crops, including cherries and red raspberries. For this reason we are implementing a quarantine on European grapevine moth that would require the inspection and, if necessary, treatment of grape plants and plant parts, and equipment or appliances used in the growing, harvesting, processing, or transporting of grape plants or plant parts from California, and any other state or territory of the United States or foreign county [country] where European grapevine moth occurs.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 5, Amended 1, 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 5, Amended 1, Repealed 0.

Date Adopted: May 21, 2010.

Robert W. Gore

Deputy Director


AMENDATORY SECTION(Amending WSR 04-17-035, filed 8/10/04, effective 9/10/04)

WAC 16-481-015   Definitions.   "Commercially packed table grapes" means table grapes in compliance with USDA recommendation for protecting perishable food products shipped interstate (USDA-AMS- Transportation and Marketing Programs, In Protecting Perishable Foods During Transport by Truck, Handbook No. 669 (2006), pp. 40-41).

"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.

"European grapevine moth" means the insect Lobesia botrana of the order Lepidoptera and family Tortricidae.

"Grape phylloxera" means the insect Daktulosphaira vitifoliae (Fitch) of the order Homoptera and family Phylloxeridae.

"Hardwood cutting" means a cutting from a grapevine taken during the period of dormancy and not including portions of the trunk of the plant produced during previous growing seasons.

"Infested area" means all states and territories of the United States and all areas outside the United States.

"Softwood cutting" means any cutting taken when the grape plant is not fully dormant.

"Vine mealybug" means the insect Planococcus ficus (Signoret) of the order Homoptera and family Pseudococcidae.

[Statutory Authority: Chapters 15.13, 17.24, and 34.05 RCW. 04-17-035, 16-481-015, filed 8/10/04, effective 9/10/04. Statutory Authority: Chapters 15.13 and 17.24 RCW. 91-21-042, 16-481-015, filed 10/11/91, effective 11/11/91.]

QUARANTINE FOR EUROPEAN GRAPEVINE MOTH
NEW SECTION
WAC 16-481-100   Establishing quarantine.   The European grapevine moth is a potentially devastating pest of grapes that has been recently found in California. Currently, it is not present in Washington. Its spread into this state would cause severe damage to the state's grape production and potentially disrupt agricultural export markets. The European grapevine moth feeds on flower buds and fruit, producing both external and internal damage. Often secondary damage is caused by fruit rotting due to fungal pathogens such as Botrytis cinerea. Although European grapevine moth is primarily a pest of grapes, it also feeds on other fruit crops including caneberries, cherries, nectarines, and plums. It can be transported on infested fruit, plants, and machinery. The director, under authority provided in chapters 17.24 and 15.13 RCW, establishes a quarantine to prevent the introduction and establishment of European grapevine moth in Washington state.

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NEW SECTION
WAC 16-481-105   Quarantine area.   There is established under this chapter an external quarantine including the state of California and any other state or territory of the United States or foreign country where European grapevine moth occurs.

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NEW SECTION
WAC 16-481-110   Regulated products.   All plants and plant parts of Vitis species and any equipment or appliances used in the growing, harvesting, processing, or transporting of Vitis plants or plant parts, except commercially packed table grapes and seed extracted from the fruit of grapes.

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NEW SECTION
WAC 16-481-115   Conditions governing shipments.   Regulated products from the regulated area must be accompanied by a phytosanitary certificate issued by the plant protection organization in the state or country of origin stating that:

(a) The regulated material is from a county known to be free of European grapevine moth, or

(b) The regulated material originates from a site or facility that has been officially inspected and found free of European grapevine moth, or

(c) The regulated material has been treated for European grapevine moth by a method approved by the department and has been found to be apparently free of European grapevine moth.

Regulated material that originates in a county known to be free of European grapevine moth may be transported through an infested area by direct route in enclosed vehicles or containers that prevent infestation or exposure to European grapevine moth.

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NEW SECTION
WAC 16-481-120   Notification prior to shipment.   Persons shipping or transporting articles regulated in WAC 16-481-110 for European grapevine moth into this state from areas under quarantine for European grapevine moth shall notify the plant protection division of the Washington state department of agriculture by U.S. mail, telefacsimile, or email to: Plant Protection Division, Washington State Department of Agriculture, 1111 Washington St. S.E., P.O. Box 42560, Olympia, WA 98504-2560; fax 360-902-2094; e-mail: nursery@agr.wa.gov prior to the shipment of regulated material into this state from a quarantine area. Such notice shall include: a description of the regulated material; the consignee; the method of treatment used, if applicable; and the approximate date of delivery.

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Washington State Code Reviser's Office