WSR 20-14-078
AGENDA
DEPARTMENT OF AGRICULTURE
[Filed June 30, 2020, 7:28 a.m.]
Following is the department of agriculture's semi-annual rules development agenda for the period of July 1 through December 31, 2020. This document is being sent to you in compliance with RCW 34.05.314.
The department may undertake additional rule-making activity as conditions warrant. If you have questions regarding the department's rule-making agenda, please contact Gloriann Robinson at 360-902-1802 or grobinson@agr.wa.gov.
SEMI-ANNUAL RULES DEVELOPMENT AGENDA
July 1 – December 31, 2020
WAC Chapter
Rule Title or Subject
Agency Contact
Tentative Timeline
 
 
 
 
CR-101
CR-105
CR-102
CR-103
Subject of Rule Making
New
Produce safety
Jill Wisehart
Produce Safety Program
Phone 360-545-7071
jwisehart@agr.wa.gov
January 2019
TBD
TBD
Establishes in rule a voluntary program for farms exempt or partially exempt from the federal Produce Safety Rule (21 C.F.R. Part 112) to verify that such farms comply with the federal rule. 
16-06
Public records
Hannah Flournoy
Administrative Regulations
Phone 360-902-1809
hflournoy@agr.wa.gov
May 2020
Expedited
July 2020
Replaces language that duplicates public disclosure exemptions already specified in the Public Records Act (chapter 42.56 RCW) with a general reference to the Public Records Act and only list specific exemptions that are specified in other statutes and exemptions the agency is required by statute to detail in rule. Adds information on submitting public records requests through an online web portal and
language regarding inspecting records; repeals the exemption for industrial hemp research; and adds language referencing the department's website to obtain a list of common record exemptions.
16-19
Custom farm slaughter, custom slaughtering establishments and custom meat facilities
David Smith
Food Safety Program
Phone 360-902-1952
dsmith@agr.wa.gov
June 2020
Expedited
August 2020
Updates the rule to reflect the restructuring of chapter 69.04 RCW which moved the food related requirements into chapter 15.130 RCW.
16-54
Animal importation
Jodi Jones
Animal Services Division
Phone 360-902-1889
jjones@agr.wa.gov
February 2019
August 2020
TBD
TBD
Clarifies that dogs imported into Washington state must have a negative heartworm test prior to entry and allows horses to enter the state on an electronic equine certificate of veterinary inspection.
16-70
Animal diseasesReporting
Jodi Jones
Animal Services Division
Phone 360-902-1889
jjones@agr.wa.gov
February 2019
August 2020
TBD
TBD
Updates the diseases that need to be reported to the state veterinarians office and the timeframes associated with reporting.
16-80
Swine diseases in Washington state
Jodi Jones
Animal Services Division
Phone 360-902-1889
jjones@agr.wa.gov
February 2019
August 2020
TBD
TBD
Removes reference to the department's laboratory for blood samples from Washington swine; updates United States Department of Agriculture (USDA) C.F.R. citations.
16-89
Sheep and goat diseases in Washington state
Jodi Jones
Animal Services Division
Phone 360-902-1889
jjones@agr.wa.gov
February 2019
August 2020
TBD
TBD
Removes Q fever testing requirements; updates USDA C.F.R. citations.
16-125
Farm milk storage tanks and bulk milk tanker requirements
David Smith
Food Safety Program
Phone 360-902-1952
dsmith@agr.wa.gov
June 2020
Expedited
August 2020
Updates the rule to reflect the restructuring of chapter 69.04 RCW which moved the food related requirements into chapter 15.130 RCW and removes an outdated reference to chapter 42.17 RCW.
16-129
Labeling and advertising of products resembling genuine dairy products
David Smith
Food Safety Program
Phone 360-902-1952
dsmith@agr.wa.gov
June 2020
Expedited
August 2020
Readopts a section to reflect the restructuring of chapter 69.04 RCW which moved the food related requirements into chapter 15.130 RCW.
16-130
Direct sellers
David Smith
Food Safety Program
Phone 360-902-1952
dsmith@agr.wa.gov
June 2020
Expedited
August 2020
Updates and readopts sections to reflect the restructuring of chapter 69.04 RCW which moved the food related requirements into chapter 15.130 RCW.
16-139
Penalties
David Smith
Food Safety Program
Phone 360-902-1952
dsmith@agr.wa.gov
June 2020
Expedited
August 2020
Updates and readopts sections to reflect the restructuring of chapter 69.04 RCW which moved the food related requirements into chapter 15.130 RCW and removes other outdated statutes.
16-142
Perishable packaged food goodsPull dating
David Smith
Food Safety Program
Phone 360-902-1952
dsmith@agr.wa.gov
June 2020
Expedited
August 2020
Updates the rule to reflect the restructuring of chapter 69.04 RCW which moved the food related requirements into chapter 15.130 RCW and changes the section titles from a Q&A format to a statement/phrase format.
16-144
Processing frozen desserts
David Smith
Food Safety Program
Phone 360-902-1952
dsmith@agr.wa.gov
June 2020
Expedited
August 2020
Updates the rule to reflect the restructuring of chapter 69.04 RCW which moved the food related requirements into chapter 15.130 RCW and changes the section titles from a Q&A format to a statement/phrase format.
16-149
Cottage foods
David Smith
Food Safety Program
Phone 360-902-1952
dsmith@agr.wa.gov
June 2020
Expedited
August 2020
Updates the rule to reflect the restructuring of chapter 69.04 RCW which moved the food related requirements into chapter 15.130 RCW, and to align with the revised labeling requirements in HB 2217 (chapter 171, Laws of 2020).
16-160
Registration of materials for organic food production
Brenda Book
Organic Program
Phone 360-902-2090
bbook@agr.wa.gov
October 2019
August 2020
September 2020
Increases the registration fees and restructures the fee schedule. Updates the registered material logo.
16-161
Standards for the production of marijuana
Brenda Book
Organic Program
Phone 360-902-2090
bbook@agr.wa.gov
October 2017
TBD
TBD
Establishes in rule standards for the production of marijuana that would be consistent with the requirements of the USDA's National Organic Program as provided for in chapter 317, Laws of 2017.
16-165
Food inspection
David Smith
Food Safety Program
Phone 360-902-1952
dsmith@agr.wa.gov
June 2020
Expedited
August 2020
Updates and readopts sections to reflect the restructuring of chapter 69.04 RCW which moved the food related requirements into chapter 15.130 RCW and corrects other outdated statutes and federal regulations references.
16-167
Intrastate commerce in foods
David Smith
Food Safety Program
Phone 360-902-1952
dsmith@agr.wa.gov
June 2020
Expedited
August 2020
Readopts sections to reflect the restructuring of chapter 69.04 RCW which moved the food related requirements into chapter 15.130 RCW.
16-168
Approved independent sanitation consultants for food storage warehouses
David Smith
Food Safety Program
Phone 360-902-1952
dsmith@agr.wa.gov
June 2020
Expedited
August 2020
Updates the rule to reflect the restructuring of chapter 69.04 RCW which moved the food related requirements into chapter 15.130 RCW and changes the section titles from a Q&A format to a statement/phrase format.
16-170
Special permits for slaughtering poultry
David Smith
Food Safety Program
Phone 360-902-1952
dsmith@agr.wa.gov
June 2020
Expedited
August 2020
Updates the rule to reflect the restructuring of chapter 69.04 RCW which moved the food related requirements into chapter 15.130 RCW and changes the section titles from a Q&A format to a statement/phrase format.
16-218
HopsCertification analysesFees
Mike Firman
Chemical & Hop Lab.
Phone 509-249-6943
mfirman@agr.wa.gov
June 2020
TBD
TBD
Increases several hop certification related fees in order to stabilize and maintain the financial health of the hop inspection program.
16-228
General pesticide rules
Christina Zimmerman
Pesticide Licensing
Phone 360-902-2150
czimmerman@agr.wa.gov
November 2018
July 2020
TBD
TBD
Amends provisions regarding pesticide exams in order to have the option to contract out for third party administration of testing.
16-228
General pesticide rules
Tim Schultz
Pesticide Compliance
Phone 509-994-0936
tschultz@gr.wa.gov
January 2020
TBD
TBD
Modifies the penalty calculation for pesticide violations.
16-232
Use restricted herbicides in certain counties
Tim Schultz
Pesticide Compliance
Phone 509-994-0936
tschultz@gr.wa.gov
August 2020
TBD
TBD
Updates legal descriptions and area boundaries in Eastern Washington counties regarding phenoxy hormone requirements.
16-233
Worker protection standards
Tim Schultz
Pesticide Compliance
Phone 509-994-0936
tschultz@gr.wa.gov
April 2020
Expedited
October 2020
Adopts the same language that the department of labor and industries adopted in chapter 296-307 WAC.
16-240
WSDA grain inspection programDefinitions, standards and fees
Philip Garcia
Grain Inspection Program
Phone 360-902-1921
pgarcia@agr.wa.gov
January 2020
TBD
TBD
Amends the grain inspection fee schedule, updates federal agency references and clarifies language.
16-302
General rules for seed certification
Paula Moore
Seed Inspection Program
Phone 509-249-6950
pmoore@agr.wa.gov
January 2020
August 2020
October 2020
Amends the rule in regards to plants with the AXigen trait, allowances for ascochyta blight in chickpea fields, tolerances for triticale in wheat seed, and amending seed standards regarding CoAXium varieties. Proposed in response to petition for rule making.
16-303
Seed assessment, fees for seed services and seed certification
Paula Moore
Seed Inspection Program
Phone 509-249-6950
pmoore@agr.wa.gov
February 2019
TBD
TBD
Amends the fee schedule in order to recover the costs of providing service.
16-390
Fruit and vegetable inspection fees and other charges
Greg Haubrich
Pest Program
Phone 360-902-2071
ghaubrich@agr.wa.gov
February 2020
May 2020
July 2020
Increases the apple maggot survey fee specified in WAC 16-390-230.
16-462
Grape planting stock registration and certification
Cindy Cooper
Plant Services Program
Phone 360-902-2062
ccooper@agr.wa.gov
January 2019
July 2020
September 2020
Amends certification definitions and standards to harmonize with other Northwest states. Proposed in response to petition for rule making.
16-470
QuarantineAgricultural pests (hornet quarantine)
Greg Haubrich
Pest Program
Phone 360-902-2071
ghaubrich@agr.wa.gov
July 2020
TBD
TBD
Adds multiple species of hornet to the list of quarantined pests.
16-483
Grape pest quarantine
Cindy Cooper
Plant Services Program
Phone 360-902-2062
ccooper@agr.wa.gov
January 2019
August 2020
October 2020
Amends the grape pest quarantine to harmonize the pest list with other Northwest states, and to clarify actions required if quarantine pests are found within Washington. Proposed in response to petition for rule making.
16-501
WSDA procedural rulesCommodity boards or commissions
Teresa Norman
Administrative Regulations
Phone 360-902-2043
tnorman@agr.wa.gov
August 2020
TBD
TBD
Requires petitioners who wish to issue, amend, or terminate a marketing order to deposit funds with the director to defray expenses incurred by the department, in accordance with chapters 15.65 and 15.66 RCW.
16-700
State fair fundProration
Teresa Norman
Administrative Regulations
Phone 360-902-2043
tnorman@agr.wa.gov
August 2020
Expedited
November 2020
Removes the requirement for fairs to be nonprofit in order to align with chapter 15.76 RCW.
16-730
Asparagus equipment leasing program
Teresa Norman
Administrative Regulations
Phone 360-902-2043
tnorman@agr.wa.gov
April 2020
Expedited
July 2020
Repeals the rule, as the program is no longer active.
16-731
Asparagus grower equipment leasing program
Teresa Norman
Administrative Regulations
Phone 360-902-2043
tnorman@agr.wa.gov
April 2020
Expedited
July 2020
Repeals the rule, as the program is no longer active. 
16-752
Noxious weed seed and plant quarantine
Cindy Cooper
Plant Services Program
Phone 360-902-2062
ccooper@agr.wa.gov
October 2018
June 2020
August 2020
October 2020
Adds additional species to the noxious weed, seed and plant quarantine; updates scientific names.
Proposed in response to petition for rule making.