WSR 14-14-093
EXPEDITED RULES
DEPARTMENT OF AGRICULTURE
[Filed June 30, 2014, 11:08 a.m.]
Title of Rule and Other Identifying Information: Chapter 16-463 WAC, Prohibiting the sale and/or movement of infested cherries.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Teresa Norman, Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, e-mail WSDARulesComments@agr.wa.gov, AND RECEIVED BY September 3, 2014.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this chapter is to provide specific notice regarding how cherries infected by cherry fruit fly larvae which cannot be disinfected are subject to destruction or, in the alternative, how infected cherries may be transported and used as allowed under RCW 15.08.070.
The proposed amendments to WAC 16-463-010:
•
Recognize RCW 15.08.070 as providing a statutory exception for the transporting and use of cherry fruit fly infested cherries to be manufactured into by-products or to be shipped to a by-products plant.
•
Provide clarification as to the Latin name for the specific cherry fruit fly larvae.
Reasons Supporting Proposal: Amending the rule will provide clarification on the exemption under RCW 15.08.070 that allows the transport [of] infested cherries to by-product plants. In addition, it will clearly state the name of the insect larvae, western cherry fruit fly (Rhagoletis pomonella), prohibited to ship, transfer, or offer for sale for human consumption.
Statutory Authority for Adoption: RCW 15.08.070 and chapter 34.05 RCW.
Statute Being Implemented: RCW 15.08.070.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of agriculture, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Ken Shank, Wenatchee, (509) 387-6529; and Enforcement: Brad Avy, Olympia, (360) 902-1827.
June 27, 2014
Brad Avy
Assistant Director
Commodity Inspection Division
AMENDATORY SECTION (Amending Order 1099, filed 8/30/68, effective 9/30/68)
WAC 16-463-010 Conditions for shipment, transfer and sale of cherries.
Except as allowed under RCW 15.08.070, no person shall ship or transfer from the area of production, or within the area of production, or offer for sale for human consumption, any cherries that are infested with live western cherry fruit fly (Rhagoletis indifferens) larvae.