DEPARTMENT OF AGRICULTURE

(1) Specific bacterial diseases of beans for which phytosanitary certificates may be issued are:

(a) Halo blight - Pseudomonas phaseolicola (Burk.) Dows.

(b) Common bean blight - Xanthomonas phaseoli (E.F. Sm.) Dows.

(c) Fuscous blight - Xanthomonas phaseoli var. fuscans (Burk.)

(d) Bean bacterial wilt - Corynebacterium flaccumfaciens (Hedges) Dows.

(e) Or any varieties or new strains of these diseases.

(f) Brown spot disease - Pseudomonas syringae.

(g) Bean anthracnose - Colletotrichum lindemuthianum.

(h) Seed-borne viral diseases.

(2) For beans to be eligible for a phytosanitary certificate covering the bacterial diseases listed in subsection (1) of this section the following provisions apply:

(a) Common bean must be free of the diseases as determined by the department with a field inspection during the growing season and by a windrow inspection. ((A serology test)) An appropriate seed health assay and greenhouse test may be accepted in lieu of a windrow inspection at the discretion of the department.

(b) Pintos, red Mexicans, pinks, great northerns, small whites, navy beans, and black turtle beans may be grown for an unlimited number of generations under rill or sprinkler irrigation.

(c) Kidney beans, cranberry types, Taylor horticultural, and Borlotto types may be grown for an unlimited number of generations under rill irrigation or for one generation under rill irrigation and, subsequently, for two generations under sprinkler irrigation. The fourth and unlimited subsequent generations may be grown and inspected with the same alternation of irrigation types.

(d) A field planted must be free of halo blight the previous two years of planting.

(e) Seed fields must be 1,320 feet from an incident of disease. The department recommends that equipment be disinfected between fields.

(3) At least two field inspections of beans are required for bacterial diseases listed in subsection (1) of this section:

(a) Fields not under sprinkler irrigation shall be inspected twice:

(i) The first inspection is to be conducted by the department when ((factors effecting diseases are most evident.

(b))) plants are near the early pod stage.

(ii) The second inspection is to be conducted by the department when the plants are in the windrow.

(4) All bean seed entered into the phytosanitary inspection program must comply with the bean seed quarantine rules. See chapter 16-301 WAC.

(1) No beans may be planted, sold, shipped, transported for seed purposes, or knowingly received in the regulated area which are found to be or are known to be contaminated with any disease listed in WAC 16-301-380 and must also comply with the requirements as listed in WAC 16-301-396.

(2) ((The department shall be notified in writing, prior to shipping, of any person's intent to ship, move, or transport any bean seed into the regulated area.)) For all bean seed to be planted in the regulated area, proof of quarantine compliance must ((have a Notice of Intent/Quarantine Compliance form filed with the WSDA seed program)) accompany any application for phytosanitary or certification field inspection. A copy of the field inspection report or other proof of freedom from specified diseases based on at least one growing season field inspection and one windrow inspection or negative results from an approved pathology laboratory ((test must accompany this form. In addition,)) indicating freedom from the regulated diseases and a copy of the ((laboratory analysis (ELISA))) appropriate seed health assay showing freedom from regulated viral diseases issued for that bean seed must accompany ((this Notice of Intent/Quarantine Compliance form)) these applications. Proof of I-gene resistance may be provided in lieu of ((laboratory analysis (ELISA))) appropriate seed health assay indicating freedom from regulated viral diseases.

(1) Applications for planting in a trial ground must be submitted to the department prior to May 15 of the growing year, and must include a detailed varietal planting plan, a description of the exact location of the trial ground and the manner of isolation.

(2) A minimum of ((three)) four field inspections ((is)) are made during the growing season and one windrow inspection.

(3) A disinfectant must be applied to machinery used in the production of bean seed and to footwear of personnel performing inspections prior to movement to other bean fields.

(4) If any regulated diseases are detected by field inspections or subsequent laboratory/greenhouse tests, no seed may be released for general planting but must again be planted in an approved trial ground for one additional year and undergo inspection procedures by the department.

(1) Any bean field planted with seed in violation of the requirements of this quarantine is subject to destruction, in full or in part, or quarantined, as determined necessary by the director, to prevent the spread of regulated diseases. Any expenses of such actions will be solely that of the grower or their responsible agents.

(a) Fields that are placed under a quarantine order must be entered into the Washington state bean seed ((phyto-sanitary)) phytosanitary inspection program as provided in WAC 16-301-235 with all costs of inspection to be borne by the grower or the grower's agent.

(b) Fields that are placed under a quarantine order may be subject to additional requirements for inspection, control or isolation, as deemed necessary by the director, to prevent the spread of regulated diseases.

(2) Any bean field determined to be infected with a regulated disease must be reported within seventy-two hours after discovery to the department, seed program.

(3) The department encourages the aid of all interested parties, including growers and seed company representatives, in the prompt reporting of suspected infected bean fields in order that timely investigation may be made.

(4) Any bean fields within the boundaries of the regulated area which show contamination by a regulated disease, as provided in subsection (5) of this section, must be destroyed in part or in total as may be required to eliminate the disease, by or at the expense of the grower or their responsible agents. The director may authorize any other method of control at the director's discretion. The director must notify the grower, seed company representatives and/or the grower's landlord of the method and extent of the destruction and safeguards against disease spread in order for the parties to comply.

(5) The identity of a regulated disease on growing plants or plants in windrow is based on the observance of the visual symptoms of the disease. If the department deems it necessary to establish true identity or pathogenically, a laboratory and/or greenhouse test may be conducted by the department in cooperation with the university. Testing is subject to provisions provided in WAC 16-301-396 (3) and (4), the results of which will be used to determine final disposition.

(a) In cases of disagreement concerning the presence of a regulated disease between the department plant pathologist and a qualified plant pathologist representing the commercial company or grower, the definitive verification of identity or pathogenically must be determined by isolation of the suspected pathogen and inoculation of seedlings of a known susceptible host using accepted scientific and professional techniques.

(b) Until verification of the suspected pathogen as specified in this section is completed, the involved planting must be placed under quarantine for a period of thirty days subject to conditions and review or extension as determined by the director. Entry into the quarantined area is to be restricted to the grower or grower's agents, department employees, and/or persons authorized in writing by the director. Persons granted entry into the quarantined area will be required to take all necessary sanitary precautions as prescribed by the director to safeguard against the possible spread of the suspected regulated disease.

(6) The true identity of the regulated disease when found in or on seed is based on testing methods recommended by the university results of which, when positive, is evidence to identify the disease as being subject to the department's requirements. The owner of the seed, at owner's expense, may request verification of pathogenicity. Such verification must be made using accepted scientific and professional techniques.

(7) When the director determines that it is probable, based on visual symptoms and serological analysis, that a seed field may be infected with bean seed-borne viral diseases and determines that a threat of infection of other fields exists, the director may prescribe aphid control or other requirements, through a notice of destruction as provided in WAC 16-301-435, deemed necessary to prevent infection of adjacent properties.

(8) All bean seed that is determined to be contaminated by bean seed-borne viral diseases and which does not meet the requirements of WAC 16-301-395(2) must be destroyed or diverted to dry edible or other nonseed purposes. For seed that is diverted to dry edible or other nonseed purposes, documentation of disposition of the seed must be provided to the department of agriculture upon request.

(9) Exemptions and special situations:

(a) Any field of beans first found infected during windrow inspection, is exempt from total destruction if the diseased portion and an area (not less than a fifty-foot radius) surrounding the infected site is promptly destroyed or harvested with the beans from the infected area directed, under department supervision, to processing. Seed from the remainder of the field must be tested by ((a serology test)) the appropriate seed health assays for the regulated disease. Only seed apparently free from regulated diseases may be used for seed purposes in the regulated area.

(b) Any field of beans to be used only for dry edible purposes is exempt from destruction if the diseased portion of the field is destroyed and the entire crop residue is promptly and completely destroyed after harvest.

(c) Beans for processing or fresh consumption are exempt from destruction if the diseased portion of the field is destroyed or harvested within ten days after first detection and/or verification as provided in subsection (4) of this section and the crop residue is promptly and completely destroyed after harvest.