Effective Date of Rule: Thirty-one days after filing.
Purpose: At the request of the hazelnut industry, this rule-making order creates chapter 16-474 WAC, which establishes a quarantine placing restrictions on the importation of hazelnut plants into Washington state in response to development in other areas of the United States of new, more virulent strains of Eastern filbert blight.
Statutory Authority for Adoption: RCW 17.24.041 and 15.13.260.
Other Authority: Chapter 34.05 RCW.
Adopted under notice filed as WSR 12-21-132 on October 24, 2012.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 7, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 7, Amended 0, Repealed 0.
Date Adopted: December 6, 2012.
EASTERN FILBERT BLIGHT QUARANTINE
"Eastern filbert blight" means a disease of hazelnut plants caused by the fungus Anisogramma anomala.
"Hazelnut plant" means plants and plant parts of any species in the genus Corylus.
"Micropropagate" means plant propagation using aseptic laboratory techniques and artificial culture medium.
"Pest free area" means an area where eastern filbert blight does not occur, as demonstrated by scientific evidence, and where this condition is being officially maintained.
"Phytosanitary certificate" means a certificate issued by a government agency under authority of state or federal statute, which declares or establishes the pest status of a shipment of plants or plant parts under accepted inspection or sampling procedures. Phytosanitary certificates are patterned after model certificates of the International Pest Protection Convention.
(a) The hazelnut plants originate from a pest free area for eastern filbert blight.
(b) The hazelnut plants are micropropagated and shipped in artificial culture medium in sealed containers.
(2) Regulated articles from any area except the area addressed in subsection (1) of this section must be accompanied by a phytosanitary certificate stating that the hazelnut plants have been inspected by the certifying agency during the last active growing season and found free of eastern filbert blight.
(1) The material is Corylus planting stock being imported by Washington State University or USDA for experimental or trial purposes; or
(2) No more than twenty-five plants are being imported by a grower as source material for micropropagation, and these plants will be isolated and held until the department determines them to be free of Anisogramma anomala. As a condition of the permit, the permit holder may be required to hold these source plants in an enclosed facility during the micropropagation process and to destroy them upon its completion.