WSR 14-17-118 PROPOSED RULES DEPARTMENT OF AGRICULTURE [Filed August 20, 2014, 9:13 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-05-093.
Title of Rule and Other Identifying Information: Chapter 16-462 WAC, Grape planting stock—Registration and certification, the agency is proposing to adopt changes to better align with the model grapevine standard of the National Clean Plant Network (NCPN) as a result of a petition submitted by the Washington Association of Wine Grape Growers. These changes include:
(1) Defining certification levels;
(2) Adding grapevine virus A, grapevine red blotch virus, grapevine vein clearing virus, and Xylella fastidiosa as regulated pests;
(3) Repealing the required testing for nematodes of the genus Longidorus prior to planting registered vines; and
(4) Improving language clarity.
Hearing Location(s): Washington State Department of Agriculture, 21 North First Avenue, Pest Program Conference Room, 1st Floor, Yakima, WA 98902, on September 23, 2014, at 11:00 a.m.
Date of Intended Adoption: October 7, 2014.
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 September 23, 2014.
Assistance for Persons with Disabilities: Contact Henri Gonzales by September 16, 2014, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The agency is proposing to amend chapter 16-462 WAC, the grapevine certification rule, to align with the model grapevine standard of NCPN. It would also add grapevine virus A, grapevine red blotch virus, grapevine vein clearing virus, and Xylella fastidiosa as regulated pests. Following the NCPN model gives growers a clearer understanding of certification requirements.
Reasons Supporting Proposal: NCPN was created to protect specialty crops from the spread of economically harmful plant pests and diseases. Their mission is to provide healthy planting stock that is easier to propagate, requires fewer chemical inputs, and produces higher crop yields and better crop quality. This is done through programs which screen plant selections for viruses and other diseases that can be spread by contaminated planting stock.
Washington's grapevine certification program is a voluntary program that was first adopted in 1968 for the purpose of providing the grape growers a source of planting stock free of harmful pathogens. The rule has been revised several times since then to address new threats and the changing needs of a rapidly evolving grape industry. Modifying our certification program is necessary to continue to reduce the chance of introduction of exotic pests that can be difficult and costly to control and to further standardize our program with the NCPN model.
Statute Being Implemented: RCW 15.14.015.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington Association of Wine Grape Growers, private.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Tom Wessels, 1111 Washington Street S.E., Olympia, WA 98504-2560, (360) 902-1984.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal imposes no additional regulations or costs on Washington businesses.
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).
August 18, 2014
Brad White
Assistant Director
AMENDATORY SECTION (Amending WSR 06-19-009, filed 9/8/06, effective 10/9/06)
WAC 16-462-010 Grape planting stock program—General.
(1) Grapevines or parts of grape plants may be designated as registered stock or certified stock, if they and the stock from which they were produced have been inspected, indexed, and tested in accordance with procedures and requirements outlined in this chapter and found to be in compliance with all standards and requirements established in this chapter.
(2) The issuance of a state of Washington plant tag, stamp, or other document under this chapter means only that the tagged, stamped, or otherwise documented planting stock has been subjected to standards and procedures described in this chapter and determined to be in compliance with its standards and requirements. The department disclaims all expressed or implied warranties, including without limitation, implied warranties of merchantability and fitness for particular purpose, regarding all plants, plant parts, and plant materials under this chapter.
(3) The department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with this chapter. No grower, nursery dealer, government official, or other person is authorized to give any expressed or implied warranty, or to accept financial responsibility on behalf of the department regarding this chapter.
(4) Participation in the grape planting stock certification program is voluntary.
AMENDATORY SECTION (Amending WSR 11-01-092, filed 12/15/10, effective 1/15/11)
WAC 16-462-015 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:
"Certified grape planting stock" means vines, rooted cuttings, cuttings or grafted plants taken or propagated directly from foundation vines or registered vines 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 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.
"Generation 1 (G1)" means original mother plants indexed for the viruses of concern by the Clean Plant Center Northwest at Washington State University or an equivalent facility approved by the department. The Clean Plant Center Northwest web site is: http://healthyplants.wsu.edu/grape-program-at-cpcnw/.
"Generation 2 (G2)" means grapevines propagated from G1 mother plants and grown in accordance with the requirements of this chapter.
"Generation 3 (G3)" means grapevines propagated from G1 or G2 mother plants and grown in accordance with the requirements of this chapter.
"Generation 4 (G4)" means grapevines propagated from G1, G2, or G3 mother plants and grown in accordance with this chapter. This is material most often grown for commercial vineyards.
"Index" means testing for virus infection by making a graft with tissue from the plant 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.
"National Clean Plant Network (NCPN)" means the national network of clean plant centers established in 2008 and supported by the United States department of agriculture. The NCPN web site is: http://nationalcleanplantnetwork.org/.
"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)) G2 or G3 grapevine approved by the director, identified to a single ((vine)) grapevine 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.
NEW SECTION
WAC 16-462-018 Certification levels.
All propagative material produced under this program must be derived from Generation 1 stock and grown under conditions that mitigate the risk of reinfection. Generation 1 level material is produced at the Clean Plant Center-Northwest (CPC-NW) at Washington State University, or other grapevine foundation facilities within the National Clean Plant Network (NCPN) and approved by the department. The accession numbers relating to the single grapevine source at CPC-NW or other approved facilities must be retained for tracking purposes. At each stage of propagation, progeny plants drop to a lower certification level.
AMENDATORY SECTION (Amending WSR 11-01-092, filed 12/15/10, effective 1/15/11)
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)) grapevines and certified planting stock((. The applicant must make)) and provide 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)) grapevine or certified planting stock found to be off-type or affected by a virus or virus-like disease or a quarantine pest.
AMENDATORY SECTION (Amending WSR 11-01-092, filed 12/15/10, effective 1/15/11)
WAC 16-462-021 Requirements for registered blocks.
(1) All registered grapevines must be identified by the number assigned to the single ((vine)) grapevine 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)) G1 grapevine.
(3) Plants propagated from a ((foundation block by tissue culture)) G1 grapevine 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)) of G2 grapevines.
(4) G3 registered grapevines may be propagated from ((other)) G2 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) Participating nurseries must obtain ((a permit)) written permission from the department to propagate ((registered)) G3 grapevines from ((other registered)) G2 grapevines for the purpose of establishing or increasing other registered blocks within the nursery((. All of)) if the following conditions ((must be)) are complied with:
(a) The mother vines were ((propagated directly from foundation vines)) G2 grapevines;
(b) Propagation occurs ((under controlled conditions adequate to prevent the introduction of pests)) in a laboratory or insect proof greenhouse by tissue culture or softwood cuttings; and
(c) The mother vine is no more than two years old, or the department has determined the mother vine is free of regulated viruses.
(6) Prior to planting a registered ((vines)) block, the growing area and its contiguous borders of not less than ten feet must be tested for the presence of the nematodes of the genus Xiphenema ((and Longidorus)), which can be virus vectors. If ((either)) a Xiphenema 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.
AMENDATORY SECTION (Amending WSR 11-01-092, filed 12/15/10, effective 1/15/11)
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)) G1, G2, or G3 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 for any land treated to control nematodes; or
(b) Twenty feet for 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.
AMENDATORY SECTION (Amending WSR 11-01-092, filed 12/15/10, effective 1/15/11)
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)) The Clean Plant Center Northwest will inspect and index the foundation block (G1).
(2) The department will index registered grapevines by methods consistent with those utilized by the ((Washington State University grapevine foundation program)) Clean Plant Center Northwest.
(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.
AMENDATORY SECTION (Amending WSR 06-19-009, filed 9/8/06, effective 10/9/06)
WAC 16-462-030 Certified grape planting stock—Application and fees.
(1) The applicant shall furnish all information requested on the application form and shall give consent to the department to take samples from any planting stock enrolled in the program as registered or certified grapevines for inspection or indexing.
(2) Application for registration and certification shall be filed with the department by January 1 of each year accompanied by a one hundred seventy-five dollar application fee.
(3) Inspection, phytosanitary certification, indexing and testing fees are due upon completion of services.
(4) Fees for inspection, phytosanitary certification, and ((testing)) indexing shall be assessed at the appropriate rate established in chapters 16-401 and 16-470 WAC. Mileage for inspections and other on-site services shall be charged at a rate established by the state office of financial management.
AMENDATORY SECTION (Amending WSR 06-19-009, filed 9/8/06, effective 10/9/06)
WAC 16-462-035 Certified grape planting stock—Tagging and identity.
(1) Certification tags issued by the department must be securely attached by the grower to each certified grape planting stock((, including rooted cuttings, cuttings and grafted plants)).
(2) Any person selling Washington certified grape planting stock is responsible for the identity of such planting stock. Persons issued tags authorized by this chapter must account by variety for stock produced and sold. They must keep and allow the department to inspect and copy records necessary to verify this.
AMENDATORY SECTION (Amending WSR 06-19-009, filed 9/8/06, effective 10/9/06)
WAC 16-462-050 ((Certified grape planting stock—))Requirements.
Certified plants must be free of Grapevine fanleaf virus, Grapevine leafroll-associated viruses, ((grapevine corky bark disease agent,)) Grapevine virus A, Grapevine virus B, Grapevine rupestris stem pitting virus, Arabis mosaic virus, Tomato ringspot virus, ((grape phylloxera, and vine mealy bug)) Grapevine red blotch virus, Grapevine vein clearing virus, Xylella fastidiosa, Daktulosphaira vitifoliae, and Planococcus ficus. It must also be free of nematode root knots ((nematode)), crown gall, and other visible diseases or serious pest injuries.
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