WSR 14-02-009 PERMANENT RULES DEPARTMENT OF AGRICULTURE [Filed December 19, 2013, 12:02 p.m., effective January 19, 2014] Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule-making order amends chapter 16-497 WAC, Hop disease quarantine, by:
(1) Lifting the quarantine against Oregon and Idaho;
(2) Adding language to allow the director to issue special permits specifying the terms and conditions for the transportation, distribution, disposal, or planting of hop plants from the quarantine area;
(3) Adding language regarding prohibited acts; and
(4) Making the language more clear and readable.
Citation of Existing Rules Affected by this Order: Repealing WAC 16-497-020 and 16-497-030; and amending WAC 16-497-005, 16-497-010, and 16-497-050.
Statutory Authority for Adoption: RCW 17.24.011, 17.24.041.
Other Authority: Chapter 34.05 RCW.
Adopted under notice filed as WSR 13-21-145 on October 23, 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 2, Repealed 2.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 3, Amended 3, Repealed 2.
Date Adopted: December 19, 2013.
Don R. Hover
Director
AMENDATORY SECTION (Amending WSR 09-18-116, filed 9/2/09, effective 10/3/09)
WAC 16-497-005 Hop disease quarantine—Definitions.
(1) "Dangerous diseases" means: (a) "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. (b) "Hop stunt viroid" means a group of viroids consisting of hop stunt viroid and its genetic variants. (c) "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. (d) "Powdery mildew" means the disease caused by Podosphaera macularis (WALLR.: FR) Lind = Podosphaera humuli (DC) Burrill. (e) "Verticillium wilt" means the disease caused by Verticillium albo-atrum Reinke & Berth, or hop strains of this organism. (2) "Department" means the Washington state department of agriculture. (3) "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.)) (4) "Hops" means Humulus lupulus L. (5) "Regulated articles" means plants and all parts (except the cones) of hops.
AMENDATORY SECTION (Amending WSR 80-01-093, filed 12/31/79, effective 6/1/80)
WAC 16-497-010 Quarantine area.
The quarantine area is all ((areas outside of the territorial borders of the state of Washington)) states and districts of the United States outside of the states of Washington, Idaho, and Oregon.
NEW SECTION
WAC 16-497-035 Prohibited acts.
The sale, offering to sell, transporting, disposing of, distributing and/or planting of regulated articles from or originating in the quarantine area are prohibited.
AMENDATORY SECTION (Amending WSR 09-18-116, filed 9/2/09, effective 10/3/09)
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 research purposes by the United States Department of Agriculture or the ((state experiment stations in the state of)) Clean Plant Center at Washington State University, Prosser, Washington.
NEW SECTION
WAC 16-497-055 Permits.
The director may allow by special permit the transportation, distribution, disposal, or planting of regulated articles from the quarantine area. Such permit shall specify terms and conditions pursuant to RCW 17.24.041 and 17.24.091. Permits may be requested by contacting the Washington State Department of Agriculture, Plant Protection Division, 1111 Washington Street S.E., P.O. Box 42560, Olympia, WA 98504-2560; fax 360-902-2094; or e-mail: PlantServices@agr.wa.gov.
NEW SECTION
WAC 16-497-065 Penalties and violations.
All violations of this chapter shall be dealt with according to the provisions in RCW 17.24.141.
REPEALER
The following sections of the Washington Administrative Code are repealed:
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