WSR 13-03-009

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed January 3, 2013, 8:55 a.m. , effective February 3, 2013 ]


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

Purpose: This rule-making order amends WAC 16-470-305 and 16-470-330 (Quarantine -- Onion white rot disease) by modifying the existing designated pest-free area for onion white rot disease by adding Klickitat County to the pest-free area and correcting agency contact information.

Citation of Existing Rules Affected by this Order: Amending WAC 16-470-305 and 16-470-330.

Statutory Authority for Adoption: RCW 17.24.041.

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 12-23-093 on November 21, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 2, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: January 3, 2013.

Dan Newhouse

Director

OTS-5076.1


AMENDATORY SECTION(Amending WSR 09-17-099, filed 8/18/09, effective 9/18/09)

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" means Adams, Benton, Franklin ((and)), Grant, and Klickitat counties.

[Statutory Authority: Chapters 17.24 and 34.05 RCW. 09-17-099, 16-470-305, filed 8/18/09, effective 9/18/09. Statutory Authority: Chapter 17.24 RCW. 01-01-013, 16-470-305, filed 12/6/00, effective 1/6/01.]


AMENDATORY SECTION(Amending WSR 09-17-099, filed 8/18/09, effective 9/18/09)

WAC 16-470-330   Onion white rot disease -- Enforcement.   (1) The department may inspect any onion plant, plant part, or plantings within the pest-free area to determine whether Sclerotium cepivorum is present. If Sclerotium cepivorum is detected at any stage of production or transportation or in soil, the department may impound any infested onions 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 or removal of infested onions or other articles from the pest-free area 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)) 98504-2560; fax ((360-902-2092)) 360-902-2094; 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) Destroying onions from an infested lot, bin, or location, and other infested articles;

(b) Prohibiting the production of onions in part or all of any infested area;

(c) Preventing off-flow of irrigation or rainwater from any infested area;

(d) Prohibiting the pasturing of animals on any infested area;

(e) 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: Chapters 17.24 and 34.05 RCW. 09-17-099, 16-470-330, filed 8/18/09, effective 9/18/09. 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.]