(1) A quarantine is established against harmful pests of grapevines that could endanger the grape industries of Washington.

(2) Quarantine pests include:

(a) Grapevine fanleaf virus;

(b) Grapevine leafroll associated viruses;

(c) Grapevine virus A;

(d) Grapevine virus B;

(e) Grapevine red blotch virus;

(f) Pierce's disease (a strain ofXylella fastidiosa);

(((f)))(g) Grapevine phylloxera (Daktulosphaira vitifoliae, Viteus vitifoliae (Fitch)); ((and

(g)))(h) Vine mealybug (Planococcus ficus);

(k) Xiphinema index.

"Department" means the Washington state department of agriculture.

"Director" means the director of the Washington state department of agriculture or the director's authorized representative.

"Grape planting stock" means live plants, hardwood cuttings, softwood cuttings, rootstocks, and any other parts of the grape plant (Vitis species), except fruit, capable of propagation.

"((Official))Phytosanitary certificate" means ((a))an official document issued by ((an official))the plant protection organization ((including but not limited to phytosanitary certificates, inspection certificates, or other letters, tags, stamps, or similar documents certifying plant quality or condition))in the state, district or territory of origin, attesting that a consignment has been inspected and meets phytosanitary import requirements, through specific additional declarations. The department may issue compliance agreements that take the place of a phytosanitary certificate.

The area under quarantine includes all states, districts, and territories of the United States. Within the state of Washington, sites with grape plantings infested with a quarantine pest from WAC 16-483-001 are subject to additional restrictions.

Grape planting stock including live plants, hardwood cuttings, softwood cuttings, and any other plant parts capable of propagation, except fruit are regulated under the terms of this quarantine. Equipment used in harvesting grapes in another state, or in an infested site within the state is a regulated article.

((Grape planting stock will be admitted into the state of Washington provided the following provisions are complied with:

(2)))(1) Within the state of Washington, grape planting stock produced in a site found infested with a quarantine pest may only be moved from that site if it meets requirements of a pest management plan that is:

(a) Include a statement that "The grape planting stock ((has been certified))was produced in accordance with the regulations of an official grapevine virus certification program ((that includes inspection and testing by methods approved by the director for grapevine fanleaf virus, grapevine leafroll associated viruses, grapevine virus A, grapevine virus B, and Xylella fastidiosa.

(a) The grapevines, rootstock, or softwood cuttings were))in the state of orgin."; and

(i) "The grape planting stock was grown in and shipped from an area known to be free from grape phylloxera ((and)), vine mealybug, glassy winged sharpshooter, and European grapevine moth, by official survey"; or

(((b) The grapevines, rootstock, or softwood cuttings were grown under an approved sterile media system; or

(d)))(ii) "The grape planting stock was grown in containers of soilless media, in a greenhouse screened to exclude grape phylloxera, vine mealybug, glassy winged sharpshooter and European grapevine moth"; or

(iv) A statement that the grapevines, rootstock, or softwood cuttings were ((subject))subjected to one of the two treatments in subsection (((4)))(3) of this section, or other treatments determined to be effective and ((are)) approved in writing by the director. The treated grapevines must be stored ((in a manner)) after treatment ((that would))in a manner to prevent reinfestation. The details of the treatment must be listed on the accompanying phytosanitary certificate.

(((4)))(3) Acceptable treatments for grapevine insect pests include:

(a) Hot water treatment. Dormant, rooted grapevines or rootstock shall be washed to remove all soil or other propagative media. Dormant rooted plants or rootstock shall be immersed in a hot water bath for a period of not less than three minutes nor more than five minutes at a temperature of not less than 125°F (52°C), nor more than 130°F (55°C) ((at any time during immersion)); or

(b) ((Methyl bromide))Fumigation treatment. Grapevines, rootstock, or softwood cuttings may be treated ((by methyl bromide fumigation. The fumigation shall be in an approved gastight fumigation chamber, equipped with a heating unit, fan for dispersal of gas and clearing the chamber of gas after fumigation, and interior thermometer readable from the outside. Fumigation shall be with a dosage of two pounds (0.908 kg) of methyl bromide per one thousand cubic feet (twenty-eight cubic meters) for a period of three hours at a temperature of between 65°F (18.3°C) and 70°F (21.1°C). The fan shall be operated for a period of ten minutes after the injection of the gas.

(5) All shipments of grapevines, rootstock, or softwood cuttings from a quarantine area shall be plainly marked with the contents on the outside of the package or container as "grapevines," "grape rootstock," or "grape cuttings))with a fumigant labeled for such purpose.

(5) All shipments of grape planting stock shall be plainly marked with the contents on the outside of the package or container as "grapevines," "grape rootstock," or "grape cuttings."

(1) All equipment used for cultivation or harvesting of grapes ((in the grape insect pest quarantine areas))and vines must be thoroughly washed or steam cleaned to remove all soil and plant material prior to entry into the state of Washington, and prior to movement out of an infested site within the state according to the approved pest management plan for the infested site. Such equipment shall be subject to inspection by ((authorized inspectors of)) the department.

(2) Any equipment found to be in violation of this ((cleaning requirement))section shall be subject to detention by the department until such equipment is thoroughly cleaned at the expense of the owner or shipper, or provisions are made by the owner or shipper to immediately transport the equipment directly out of the state.

Persons bringing ((grapevines))grape planting stock into the state must ((first)) notify the department in advance, under this grape pest quarantine. Notification may be by U.S. mail, email, or ((telefacsimile))facsimile to: Plant Protection Division, Washington State Department of Agriculture, 1111 Washington Street S.E., P.O. Box 42560, Olympia, WA 98504-2560; email: PlantServices@agr.wa.gov; ((fax))facsimile: 360-902-2094((, prior to the shipment of grapevines or cuttings under the grape pest quarantine into this state from an infested area)). Such notice shall include, ((but not be limited to))at a minimum, the ((approximate)) number of grapevines, rootstocks, or softwood cuttings; the ((shipper))shipper's name and address; the ((consignee))consignee's name and address; the method of treatment used, if applicable; ((and)) the approximate date of delivery; and applicable copies of phytosanitary certificates and lab reports.

At the option and expense of the owner, the department will return to the point of origin or destroy any grapevines shipped into the state of Washington, or moved from an infested site within the state, in violation of this chapter.

(1) The restrictions on the movement of regulated articles set forth in this chapter do not apply to grape planting stock imported for experimental or trial purposes by the United States Department of Agriculture or Washington State University((:)), provided((,)) the director's written permission is first obtained.