WSR 15-04-127

PREPROPOSAL STATEMENT OF INQUIRY

[Filed February 3, 2015, 3:14 p.m.]

Subject of Possible Rule Making: WAC 16-301-490 through 16-301-580, crucifer seed quarantine; and chapter 16-303 WAC, Seed assessment, fees for seed services and seed certification. The department is reviewing the existing rules on crucifer seed inspections and quarantines, and at the request of industry is considering adding eastern Washington to the regulated area of the crucifer quarantine, requiring testing and treatment for black leg and black rot fungus, and potentially adopting new or amended fee provisions to cover the department's costs associated with the proposed inspection and testing services.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Black leg was discovered in the Willamette Valley of Oregon last year. To keep this disease out of Washington, industry has suggested adding eastern Washington to the regulated area of the crucifer quarantine, and requiring testing and treatment of all crucifer seed lots.

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

Process for Developing New Rule: The Washington state department of agriculture staff will develop the rule proposal and will communicate with stakeholders and other interested parties for their review and comment. Interested parties can also participate in the public hearing/public comment process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jeff Larsen, 1111 Washington Street S.E., P.O. Box 42560, Olympia, WA 98504-2560, (360) 902-1960, fax (360) 902-2085, jlarsen@agr.wa.gov; or Victor Shaul, 21 North 1st Avenue, Suite 203, Yakima, WA 98902, (509) 249-6955, fax (509) 454-4395, vshaul@agr.wa.gov.

February 3, 2015

Brad J. Avy

Assistant Director