WSR 14-19-005
PERMANENT RULES
DEPARTMENT OF AGRICULTURE
[Filed September 4, 2014, 8:10 a.m., effective October 5, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Amending chapter 16-463 WAC 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 amendments to WAC 16-463-010 include recognizing 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, and providing clarification as to the Latin name for the specific cherry fruit fly larvae.
Citation of Existing Rules Affected by this Order: Amending WAC 16-463-010.
Statutory Authority for Adoption: RCW 15.08.070.
Other Authority: Chapter 34.05 RCW.
Adopted under notice filed as WSR 14-14-093 on June 30, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: September 4, 2014.
Don R. Hover
Director
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.