WSR 10-22-117

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed November 3, 2010, 9:45 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-03-106.

Title of Rule and Other Identifying Information: Chapter 16-462 WAC, Grape planting stock -- Registration and certification, the department is proposing to amend the rules for the grape planting stock certification program, by revising provisions, including field eligibility criteria. In addition, the department proposes to amend the existing language to increase its clarity and readability and update the language to conform to current industry and regulatory standards.

Hearing Location(s): Washington State Department of Agriculture, 21 North 1st Avenue, Conference Room 238, Yakima, WA 98902, on December 8, 2010, at 1:00 p.m.

Date of Intended Adoption: December 15, 2010.

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 close of business, December 8, 2010.

Assistance for Persons with Disabilities: Contact Henri Gonzales by December 1, 2010, TTY (800) 833-6388.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Revisions were requested by participants of the grapevine certification program. Participation in the fee-for-service grapevine certification program is voluntary. The program makes available high quality growing stock virtually free of some types of plant virus diseases, intended to produce healthier vineyards and a market premium for growers participating in the grapevine certification program. Growers would like additional options to mitigate the risk of nematode vectored viruses, including soil testing or soil treatment, while maintaining the program's effectiveness. Other revisions include clarification regarding the number of generations allowed for certified grapevines and other certification criteria.

Reasons Supporting Proposal: This will provide industry more flexibility in land use with regard to the required buffer from noncertified grapevines.

Statutory Authority for Adoption: RCW 15.14.015 and chapter 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: Participants in the grapevine certification program, private.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Tom Wessels, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1984.

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. The department has analyzed the economic effects of the proposed revisions and has concluded that there are no additional costs on the regulated industry and, therefore, a formal 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).

November 3, 2010

Mary A. Martin Toohey

Assistant Director

OTS-3752.1


AMENDATORY SECTION(Amending WSR 06-19-009, filed 9/8/06, effective 10/9/06)

WAC 16-462-015   Definitions.   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

(("Aseptic shoot tip propagation" means aseptically removing a vegetative shoot tip from growth arising from a dormant cutting from a foundation plant or from green growth (i.e., softwood) from a foundation plant during the growing season and aseptically transferring this shoot tip to a suitable vessel containing an appropriate culture medium.))

"Certified grape planting stock" means vines, rooted cuttings, cuttings or grafted plants taken or propagated directly from foundation vines((,)) or registered vines ((or certified)) in compliance with the provisions of this chapter.

"Department" means the department of agriculture of the state of Washington.

"Director" means the director of the department of agriculture or the director's designee.

"Foundation block" means a planting of grapevines established, operated and maintained by Washington State University, or other ((equivalent)) sources approved in writing by the director, that are indexed and found free from viruses designated in this chapter and that are not off-type.

"Index" means ((determining whether a)) testing for virus infection ((is present by means of inoculation)) by making a graft with tissue from the plant ((to be)) being tested to an indicator plant, or by any other testing method approved by the department.

"Indicator plant" means any herbaceous or woody plant used to index or determine virus infection.

"Mother vine" means a grapevine used as a source for propagation material.

"Off-type" means appearing under visual examination to be different from the variety listed on the application for registration and certification, or exhibiting symptoms of a genetic or nontransmissible disorder.

"Registered block" means a planting of registered grapevines maintained by a nursery and used as a source of propagation material for certified grapevines.

"Registered vine" means any vine propagated from a foundation block approved by the director, identified to a single vine source, and registered with the Washington state department of agriculture, in compliance with provisions of this chapter.

"Tissue culture" means aseptically removing a vegetative shoot tip from growth arising from a dormant cutting from a foundation plant or from green growth (i.e., softwood) from a foundation plant during the growing season and aseptically transferring this shoot tip to a suitable vessel containing an appropriate culture medium.

"Virus-like" means a graft-transmissible disorder with symptoms resembling a characterized virus disease, including, but not limited to, disorders caused by viroids and phytoplasmas.

[Statutory Authority: Chapters 15.14 and 34.05 RCW. 06-19-009, 16-462-015, filed 9/8/06, effective 10/9/06. Statutory Authority: Chapter 15.14 RCW. 02-11-100, 16-462-015, filed 5/20/02, effective 6/20/02; 99-12-025, 16-462-015, filed 5/25/99, effective 6/25/99; 86-08-078 (Order 1883), 16-462-015, filed 4/2/86; 78-10-072 (Order 1583), 16-462-015, filed 9/27/78; Order 1397, 16-462-015, filed 4/7/75; Order 1193, 16-462-015, filed 4/19/71; Order 1084, 16-462-015, filed 4/2/68.]


AMENDATORY SECTION(Amending WSR 06-19-009, filed 9/8/06, effective 10/9/06)

WAC 16-462-020   Requirements for participation in the grape planting stock program.   (1) The applicant shall be responsible, subject to the approval of the department, for the selection of the location and the proper maintenance of registered blocks and planting stock.

(2) The applicant must maintain records identifying the foundation source of registered vines and certified planting stock. The applicant must make these records available to the department upon request.

(3) The applicant shall take suitable precautions in cultivation, irrigation, movement and use of equipment, and in other farming practices, to guard against spread of soil-borne pests to planting stock entered in this program. The applicant shall keep all registered blocks and certified planting stock clean cultivated except for approved cover crops.

(4) Following notification by the department the applicant shall remove and destroy immediately any registered vine or certified planting stock found to be off-type or affected by a virus or virus-like disease or a quarantine pest.

(((5) Registered blocks and certified planting stock must be located at least one hundred feet from any land on which noncertified or nonregistered grapevines have been grown within the past ten years. This does not apply to registered and certified stock grown in a fully enclosed greenhouse, screenhouse or laboratory provided the facility does not contain noncertified grapevines.))

[Statutory Authority: Chapters 15.14 and 34.05 RCW. 06-19-009, 16-462-020, filed 9/8/06, effective 10/9/06. Statutory Authority: Chapter 15.14 RCW. 02-11-100, 16-462-020, filed 5/20/02, effective 6/20/02; 99-12-025, 16-462-020, filed 5/25/99, effective 6/25/99; 86-08-078 (Order 1883), 16-462-020, filed 4/2/86; 78-10-072 (Order 1583), 16-462-020, filed 9/27/78; Order 1193, 16-462-020, filed 4/19/71; Order 1084, 16-462-020, filed 4/2/68.]


AMENDATORY SECTION(Amending WSR 06-19-009, filed 9/8/06, effective 10/9/06)

WAC 16-462-021   Requirements for registered blocks.   (1) All registered grapevines must be identified by the number assigned to the single vine source in the foundation block from which they were taken.

(2) With the exception of practices allowed in subsections (3), (4), and (5) of this section, registered plants must be propagated directly from cuttings taken from a foundation block.

(3) Plants propagated from a foundation block by ((aseptic shoot tip propagation)) tissue culture and grown entirely under laboratory or greenhouse conditions may serve as a source of softwood cuttings or shoot tip culture used to establish a registered block or registered grapevines.

(4) Registered grapevines may be propagated from other registered grapevines within the same registered block for the purpose of increasing the size of the registered block or for replacement grapevines, if the mother vine was propagated directly from a foundation vine.

(5) ((The department may permit)) Participating nurseries must obtain a permit from the department to propagate registered grapevines from other registered grapevines for the purpose of establishing or increasing other registered blocks within the nursery ((under)). All of the following conditions must be complied with:

(a) The mother vines were propagated directly from ((a)) foundation vines;

(b) Propagation ((is)) occurs under ((environmentally)) controlled conditions adequate to prevent the introduction of pests; and

(c) The mother vine is no more than two years old, or ((has been tested and found)) the department has determined the mother vine is free of regulated viruses ((within the past two years)).

(6) Prior to planting registered vines, the growing area and its contiguous borders of not less than ten feet must be tested for the presence of the nematodes Xiphenema and Longidorus, which can be virus vectors. If either nematode is detected, the growing area must be fumigated in accordance with rates and practices recommended by Washington State University. This treatment must be carried out under the supervision of the department.

(7) Registered blocks must be located at least one hundred feet from noncertified or nonregistered grapevines. This does not apply to registered stock grown in a fully enclosed greenhouse, screenhouse or laboratory, providing the facility does not contain noncertified grapevines.

[Statutory Authority: Chapters 15.14 and 34.05 RCW. 06-19-009, 16-462-021, filed 9/8/06, effective 10/9/06. Statutory Authority: Chapter 15.14 RCW. 02-11-100, 16-462-021, filed 5/20/02, effective 6/20/02; 99-12-025, 16-462-021, filed 5/25/99, effective 6/25/99.]


AMENDATORY SECTION(Amending WSR 02-11-100, filed 5/20/02, effective 6/20/02)

WAC 16-462-022   Requirements for certified planting stock.   (1) Certified planting stock, including all components of budded or grafted plants, must be propagated from cuttings taken from registered or foundation grapevines.

(2) Cuttings from registered blocks must be sorted and kept separate by variety and selection number or clone.

(3) Treatment to control nematodes and other soil-borne pests may be required at any time by the department.

(4) All certified planting stock other than greenhouse grown plants must comply with the grades and standards for Washington certified grape planting stock as listed in WAC 16-462-055.

(5) Certified stock must be separated from noncertified grapevines by one of the following distances. This requirement does not apply to certified stock grown in a fully enclosed greenhouse, screenhouse or laboratory, providing the facility does not contain noncertified grapevines.

(a) Ten feet from any land treated to control nematodes; or

(b) Twenty feet from land not specifically treated to control nematodes.

(6) Certification is based solely on compliance with the requirements prescribed in WAC 16-462-050 and other requirements of this chapter.

[Statutory Authority: Chapter 15.14 RCW. 02-11-100, 16-462-022, filed 5/20/02, effective 6/20/02; 99-12-025, 16-462-022, filed 5/25/99, effective 6/25/99.]


AMENDATORY SECTION(Amending WSR 06-19-009, filed 9/8/06, effective 10/9/06)

WAC 16-462-025   Foundation, registered, and certified grape planting stock -- Inspections.   (1) Inspections and indexing of registered grapevines and certified planting stock will be performed by the department at times determined to be suitable for the detection of virus and virus-like disease symptoms. Washington State University will inspect and index the foundation block.

(2) The department will index registered grapevines by methods ((listed in Appendix 1 of the North American Plant Protection Organization (NAPPO) Grapevine Standard)) consistent with those utilized by the Washington State University grapevine foundation program.

(3) The department will conduct at least two inspections of registered grapevines during each growing season.

(4) The department will inspect certified planting stock at least three times per year, twice during the growing season and once during or after harvest.

(5) The department will refuse or withdraw registration or certification for any planting stock that is infested or infected with any regulated pest.

[Statutory Authority: Chapters 15.14 and 34.05 RCW. 06-19-009, 16-462-025, filed 9/8/06, effective 10/9/06. Statutory Authority: Chapter 15.14 RCW. 02-11-100, 16-462-025, filed 5/20/02, effective 6/20/02; 99-12-025, 16-462-025, filed 5/25/99, effective 6/25/99; 86-08-078 (Order 1883), 16-462-025, filed 4/2/86; Order 1193, 16-462-025, filed 4/19/71; Order 1084, 16-462-025, filed 4/2/68.]

Washington State Code Reviser's Office