WSR 14-18-089

PREPROPOSAL STATEMENT OF INQUIRY

[Filed September 3, 2014, 11:49 a.m.]

Subject of Possible Rule Making: Chapter 16-324 WAC rules for the certification of seed potatoes. The agency is considering amending the certification requirements for seed potatoes by:

(1) Repealing the requirement for laboratory testing of lots entered in the post-harvest testing for PVY;

(2) Clarifying the definition of seed potato farm;

(3) Requiring a certificate of compliance for evidence of eligibility for the transfer of seed lots between seed potato farms;

(4) Authorizing the department to permit seed growers to plant lots in which the eligibility hasn't been determined under certain conditions; and

(5) Including the bacterium Candidatus liberibacter with the tolerance for phytoplasmas.

This proposal is the result of petitions submitted by the Washington seed potato commission and the Washington potato commission.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.14.015.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Seed potato certification is an effective means of controlling systemic diseases/pests such as virus diseases in commercial potato crops. As a vegetatively propagated annual crop, potatoes tend to accumulate viruses that eventually affect production and quality. Washington commercial potato growers rely on certified seed to minimize the effects of these pests. Growers want to eliminate redundancy in the post-harvest test, clarify eligibility, and add a new emerging pest to the tolerances for field inspections.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Department staff will discuss any proposed amendments with affected stakeholders. Affected stakeholders will also have an opportunity to submit written comments on the proposed rules during the public comment period and will be able to present oral testimony at the public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Brad White, Assistant Director, Plant Protection Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1907, fax (360) 902-2094, e-mail bwhite@agr.wa.gov; or Tom Wessels, Plant Services Program Manager, Plant Protection Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1984, fax (360) 902-2094, e-mail twessels@agr.wa.gov.

September 3, 2014

Brad White

Assistant Director