WSR 00-05-105

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed February 16, 2000, 10:43 a.m. ]

Date of Adoption: February 16, 2000.

Purpose: To protect the state's grape and grape related industries from establishment of plant virus diseases commonly found in stock from other areas of the nation. This revision of an existing rule converts it to clear and readable form and incorporates updated terminology.

Citation of Existing Rules Affected by this Order: Repealing WAC 16-483-060; and amending WAC 16-483-001, 16-483-005, 16-483-010, 16-483-020, 16-483-030, 16-483-040, and 16-483-050.

Statutory Authority for Adoption: Chapter 17.24 RCW.

Adopted under notice filed as WSR 00-04-066 on January 31, 2000.

Changes Other than Editing from Proposed to Adopted Version: As per testimony, proposed removal of stem pitting from the existing rule was not adopted. Only proposal to convert to clear and readable form was adopted.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 7, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 7, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 7, Repealed 1. Effective Date of Rule: Thirty-one days after filing.

February 16, 2000

Jim Jesernig

Director

OTS-3706.2


AMENDATORY SECTION(Amending WSR 91-21-042, filed 10/11/91, effective 11/11/91)

WAC 16-483-001
Grape virus quarantine -- Establishing quarantine.

The production of wine grapes, ((table)) juice grapes, and grape ((plant nursery)) planting stock are important industries in the state of Washington. The director has determined that these industries are threatened by the introduction and establishment of the virus diseases known as leafroll, fanleaf, corky bark, and stem pitting that are not ((established)) known to occur in the state of Washington. The presence of these virus diseases cannot be determined by the most rigorous visual examination of dormant grape ((plants or propagative parts of grape plants. Introductions)) planting stock. The introduction and establishment of these virus diseases would entail great economic loss to the ((horticultural)) grape industries of the state. To ((prevent)) minimize this ((harm)) risk, the director, under the authority provided in chapter 17.24 RCW, has established a quarantine setting forth rules for the importation of grape planting stock into the state of Washington.

[Statutory Authority: Chapters 15.13 and 17.24 RCW. 91-21-042, 16-483-001, filed 10/11/91, effective 11/11/91; Order 1146, 16-483-001, filed 3/16/70, effective 5/1/70.]


AMENDATORY SECTION(Amending WSR 91-21-042, filed 10/11/91, effective 11/11/91)

WAC 16-483-005
Grape virus quarantine -- Definitions.

(((1))) "Department" means the Washington state department of agriculture.

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

(((3))) "Grape ((plants and propagative parts)) 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.

(((4))) "Official certificate" means a document issued by an official ((inspection agency)) 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.

[Statutory Authority: Chapters 15.13 and 17.24 RCW. 91-21-042, 16-483-005, filed 10/11/91, effective 11/11/91.]


AMENDATORY SECTION(Amending WSR 91-21-042, filed 10/11/91, effective 11/11/91)

WAC 16-483-010
Grape virus quarantine -- Quarantine area.

Areas under quarantine ((for grape virus)) include all states and territories of the United States outside of the territorial borders of the state of Washington.

[Statutory Authority: Chapters 15.13 and 17.24 RCW. 91-21-042, 16-483-010, filed 10/11/91, effective 11/11/91; Order 1146, 16-483-010, filed 3/16/70, effective 5/1/70.]


AMENDATORY SECTION(Amending WSR 91-21-042, filed 10/11/91, effective 11/11/91)

WAC 16-483-020
Grape virus quarantine -- Regulated articles.

All ((plants and plant parts capable of propagation (except fruit) of grapes are)) grape planting stock is regulated under the terms of ((the grape virus)) this quarantine.

[Statutory Authority: Chapters 15.13 and 17.24 RCW. 91-21-042, 16-483-020, filed 10/11/91, effective 11/11/91; Order 1146, 16-483-020, filed 3/16/70, effective 5/1/70.]


AMENDATORY SECTION(Amending WSR 91-21-042, filed 10/11/91, effective 11/11/91)

WAC 16-483-030
Grape virus quarantine -- Regulations.

Grape ((plants and propagative parts)) planting stock will be admitted into the state of Washington provided the following provisions are complied with:

(1) The grape ((plants or propagative parts have)) planting stock has been certified in accordance with the regulations of an official ((state agency, which)) grapevine certification program that includes inspection and testing by ((indexing on suitable indicator hosts)) methods approved by the director for fanleaf, leafroll, stem pitting, and corky bark virus diseases. ((All shipments of such grape cuttings shall be accompanied by a certificate issued by an agency of the state of origin certifying that the grape plants or cuttings were produced under official certification regulations and meet official certification standards as to freedom from fanleaf, leafroll, stem pitting, and corky bark virus diseases.)) An official certificate issued by the plant protection organization of the state of origin certifying that the grapevines meet the requirements of this chapter must accompany the grape planting stock into the state.

(2) All shipments of grape ((nursery)) planting stock ((shall)) must be plainly marked with the contents on the outside of the package or container.

(3) Persons shipping or transporting ((regulated articles, identified in WAC 16-483-020,)) grape planting stock into this state from areas under quarantine shall notify the ((department's plant protection branch by United States)) department by mail or ((telefax)) telefacsimile prior to shipment ((of)). The notification must include the nature ((and)) of the grape planting stock (such as live plants, hardwood cuttings, softwood cuttings, rootstocks, or other similar categories), the quantity ((of)) in each shipment, the expected date of arrival ((at destination)), the name of the intended receiver and the destination. The person to whom the articles are shipped shall hold the ((same)) articles until ((they are)) the grape planting stock is inspected and/or released by the department.

[Statutory Authority: Chapters 15.13 and 17.24 RCW. 91-21-042, 16-483-030, filed 10/11/91, effective 11/11/91; Order 1146, 16-483-030, filed 3/16/70, effective 5/1/70.]


AMENDATORY SECTION(Amending WSR 91-21-042, filed 10/11/91, effective 11/11/91)

WAC 16-483-040
Grape virus quarantine -- Disposition of material shipped in violation.

((All grape plants or parts thereof arriving in the state of Washington in violation of the provisions of the grape virus quarantine, shall be refused admittance into the state of Washington, or shall be immediately sent out of the state or destroyed at the option and expense of the owner or owners, or their responsible agents.)) The department will refuse admittance into the state grape planting stock not meeting the requirements of this chapter. For grape planting stock shipped into the state in violation of this chapter, the department will give the owner or the owner's responsible agent the option of destroying the material or immediately sending it out of the state.

[Statutory Authority: Chapters 15.13 and 17.24 RCW. 91-21-042, 16-483-040, filed 10/11/91, effective 11/11/91; Order 1146, 16-483-040, filed 3/16/70, effective 5/1/70.]


AMENDATORY SECTION(Amending WSR 91-21-042, filed 10/11/91, effective 11/11/91)

WAC 16-483-050
Grape virus quarantine -- Exemption.

The restrictions on the movement of regulated articles set forth in this chapter ((shall)) do not apply to grape ((plants or propagative parts)) planting stock imported for experimental or trial purposes by the United States Department of Agriculture ((and the state experiment stations in the state of Washington)) or Washington State University: Provided, ((That a permit to import is issued by the director of agriculture)) a permit issued by the director is obtained.

[Statutory Authority: Chapters 15.13 and 17.24 RCW. 91-21-042, 16-483-050, filed 10/11/91, effective 11/11/91; Order 1146, 16-483-050, filed 3/16/70, effective 5/1/70.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 16-483-060 Grape virus quarantine -- Violation and penalty.

Washington State Code Reviser's Office