WSR 00-14-077

EXPEDITED ADOPTION

DEPARTMENT OF AGRICULTURE


[ Filed July 5, 2000, 11:09 a.m. ]

Title of Rule: Chapter 16-333 WAC, Certification of caneberry planting stock.

Purpose: To comply with caneberry certification standards implemented by EPPO (an international organization), to reflect changes in industry and program practices and to comply with legislative mandates such as regulatory reform and use of clear and readable format.

Statutory Authority for Adoption: Chapter 15.14 RCW.

Statute Being Implemented: Chapter 15.14 RCW.

Summary: NAFTA (North American Free Trade Agreement) and GATT (General Agreement on Trade and Tariffs) have altered the regulatory parameters for plant disease and insect phytosanitary issues, not only for international trade, but also for interstate and internal quarantines and certification programs such as the one defined in these rules. EPPO (European and Mediterranean Plant Pest Organization), the international organization authorized to define standards for Europe, an important market for certified caneberry planting stock, has implemented standards - requirements for importation of caneberry planting stock into an EPPO member country. This rule revision brings the existing caneberry certification standards into compliance with this international standard, to position Washington growers to take advantage of market opportunities. Participation in the caneberry certification program is voluntary.

Reasons Supporting Proposal: Many sections of this rule were last rewritten in 1985. In order to comply with new international standards, this rule must be modified. In addition, changes in industry and program practices and legislative mandates (for instance, the regulatory reform statutes) have made other modifications necessary.

Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Tom Wessels, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1984.

Name of Proponent: Washington State Department of Agriculture, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Approximately five participants enroll in the Washington caneberry (i.e. raspberry, blackberry, marionberry, etc.) certification program, which is created by these rules. Participation is entirely voluntary for any producer of caneberry plants. Enrollment and compliance with the requirements of this fee-supported program are intended to produce a known, high quality agricultural product apparently free of specified diseases and other pests, that normally commands a market premium. Certified caneberry stock is frequently the only United States stock that complies with international standards, and certification enables some trade opportunities for Washington businesses. Changes in international, industry and program practices and legislative mandates (for instance, the regulatory reform statutes) have made modifications to the rule necessary.

WSDA has sought individual input from all program participants. Because of the resulting high level of participation and intensive discussion, we feel agreement was reached. We anticipate that the positive effects of these rule changes, particularly expanded trade opportunities, outweigh any adverse effects that might result from the changes.

Proposal Changes the Following Existing Rules: Specific isolation distances required between various classes of certified caneberry planting stock and noncertified Rubus species are established. Provisions to verify trueness to name and fruit character have been eliminated. Micropropagation is incorporated throughout the rule as a standard technique. Tolerances for various diseases and conditions have been modified to meet EPPO standards. The terminology has been updated and made consistent throughout the rule. Some of the sections have been reorganized into a more coherent framework and clear and readable format has been incorporated into the rule.

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Mary Toohey, Washington State Department of Agriculture, Lab Services Division, P.O. Box 42560, Olympia, WA 98504-2560 , AND RECEIVED BY September 5, 2000.


July 5, 2000

Mary A. Martin Toohey

Assistant Director

OTS-4152.2

Chapter 16-333 WAC

((RULES AND STANDARDS FOR)) CERTIFICATION OF ((PLANTS)) CANEBERRY PLANTING STOCK


AMENDATORY SECTION(Amending Order 1876, filed 11/5/85)

WAC 16-333-010
Definitions.

(1) "Caneberry" means any cultivated Rubus species.

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

(((2))) (3) "Director" means the director of the department of agriculture or ((his)) a duly appointed representative.

(((3) "Virus infected (affected)" means presence of a virus(es) or yellows disease agent in a plant or plant part. The word "virus" shall be used hereafter to include yellows disease in this chapter.

(4) "Virus-like" means a disorder of genetic or nontransmissible origin.

(5) "Off-type" means not true-to-name.

(6) "Indicator plant" means any herbaceous or woody plant used to index or determine virus infection.

(7))) (4) "Index ((or indexing))" means to ((determine)) test for virus infection by means of inoculation from the plant to be tested to an indicator plant((;)), or by any other method approved by the department.

(5) "Indicator plant" means any herbaceous or woody plant used to index or test for virus infection.

(6) "Nuclear stock" means caneberry plants that have been indexed and found free of known viruses and virus-like diseases by United States Department of Agriculture personnel or other personnel acceptable to the department. Nuclear plants must be reindexed for virus and virus-like diseases at least every three years and maintained under conditions that would ensure freedom from infection.

(7) "Off-type" means appearing by visual examination to be different from the species or variety listed on the application or exhibiting symptoms of a genetic or nontransmissible disorder.

(8) "Root cuttings" means sections of roots which have one or more bud.

(9) "Succulent plants" means small, actively growing plants that are developing from root buds, not having passed through a dormant period.

(10) (("One-year old plants" means well rooted plants that have developed during one growing season.

(11) "Caneberry" means any cultivated Rubus species.)) "Tolerance" means the maximum acceptable percentage of planting stock that is diseased, infected by plant pests, defective, or off-type based on visual inspection or laboratory testing by the director or other authorized person.

(11) "Virus-like" means a graft-transmissible disorder resembling a virus disease, including, but not limited to, diseases caused by viroids and phytoplasmas.

[Statutory Authority: Chapter 15.14 RCW. 85-22-053 (Order 1876), 16-333-010, filed 11/5/85.]


AMENDATORY SECTION(Amending Order 1932, filed 6/9/87)

WAC 16-333-020
Certifying agency issuance of certificate.

(1) ((The)) Issuance of a ((certified)) state of Washington certified plant tag ((or)), stamp or other document under this chapter ((affirms solely)) means only that the tagged ((or)), stamped or otherwise documented caneberry planting stock has been subjected to ((certification standards and procedures by the department)) procedures and requirements described in this chapter and determined to be in compliance with its standards and requirements. The department disclaims all express or implied warranties, including without limitation, implied warranties of merchantability and fitness for particular purpose, regarding all plants, plant parts, and plant materials under this chapter.

(2) The department is not responsible for disease, genetic disorder, off-type, failure of performance, mislabeling, or otherwise, in connection with this chapter. No grower, nursery dealer, government official, or other person is authorized to give any expressed or implied warranty, or to accept financial responsibility on behalf of the department regarding this chapter.

(3) Participation in the caneberry planting stock certification program shall be voluntary.

[Statutory Authority: Chapter 15.14 RCW. 87-13-016 (Order 1932), 16-333-020, filed 6/9/87; 85-22-053 (Order 1876), 16-333-020, filed 11/5/85.]


AMENDATORY SECTION(Amending Order 3005, filed 7/21/92, effective 8/21/92)

WAC 16-333-040
Caneberry certification fees.

(1) Caneberry certification application fee. The applicant ((shall)) must furnish all information requested on the application ((for inspection and shall)) form furnished by the department, including, but not limited to, the crop, variety, class planted, date planted, source of seed or plants, acreage, field number, applicant's name and address, applicant's signature, and date of application. The applicant must allow the department to take plants or plant parts from any planting for inspection and testing purposes. A separate application ((shall be made)) is required for each cultivar and/or ((unit)) lot entered for certification. ((Each lot of each cultivar shall be listed separately on the application. Lots under observation by the department shall pay the inspection fees.)) Applications ((for inspection shall)) must be filed with the ((seed branch, 2015 South First Street, Yakima, Washington 98903)) Plant Services Program, P.O. Box 42560, Olympia, Washington 98504-2560 by May 15 each year and be accompanied by a one hundred twenty-five dollar fee.

(2) Inspection fees. The inspection fee ((shall be)) is twenty-five dollars per hour ((and)) plus mileage ((shall be)) charged at a rate established by the state office of financial management. Inspection ((fees shall be)) and testing are payable upon completion of work ((done and shall be for the sole purpose of defraying expenses incurred in the inspection and certification of caneberry nursery stock)). Billing ((to the applicant shall be made by the seed branch.

(3) Applications for certification shall reach the department's seed branch, 2015 South First Street, Yakima, WA 98903, by May 15 each year.

(4) A grower desiring to produce certified caneberry plants as herein provided shall establish with the department facts evidencing sufficient experience to produce healthy, high quality stock.

(5) Failure to pay fees when due shall result in removing the applicant from the certification program.

(6) No application from any grower owing the department for previous fees shall be considered)) may be arranged subject to department policies and processes.

(3) The department will remove any applicant from the certification program for failing to pay fees when due.

(4) The department will not accept applications from growers owing the department for previous fees.

[Statutory Authority: Chapter 15.14 RCW. 92-15-114 (Order 3005), 16-333-040, filed 7/21/92, effective 8/21/92; 87-13-016 (Order 1932), 16-333-040, filed 6/9/87; 85-22-053 (Order 1876), 16-333-040, filed 11/5/85.]


NEW SECTION
WAC 16-333-045
Production requirements for foundation caneberry planting stock.

(1) Foundation caneberry plants must originate directly from nuclear stock and may be grown in a greenhouse, screenhouse or field.

(2) Growers may use micro-propagation techniques to multiply foundation plants prior to planting them in a foundation greenhouse, screenhouse or field, if both of the following conditions are met:

(a) The micro-propagated plants are isolated at all times from all other caneberry plants, except those that have been indexed and found free of virus or virus-like infections; and

(b) The micro-propagation facility is approved by the department.

(3) Growers may transplant micro-propagated foundation plants to a greenhouse or screenhouse for conditioning prior to planting them in a foundation field.

(4) Foundation plants may be harvested from a foundation field planting for no more than one year.

(5) Foundation plants grown in an insect-proof facility on pasteurized soilless media may be maintained indefinitely, providing they are indexed and found free of virus or virus-like infections at intervals of no more than three years by personnel employed by the United States Department of Agriculture or other institution approved by the department.

(6) Each foundation plant in a foundation greenhouse or screenhouse must be grown in a container individually identified by the cultivar and lot.

(7) Different cultivars planted in a foundation field must be separated by a distance of fourteen feet or by a physical barrier that prevents the intermingling of roots.

(8) Upon request, growers must provide records to the department documenting the cultivar, nuclear source, indexing results and date of acquisition for any foundation stock.

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NEW SECTION
WAC 16-333-051
Production requirements for registered caneberry planting stock.

(1) Registered caneberry plants must originate directly from nuclear or foundation stocks and may be grown in a greenhouse, screenhouse or field.

(2) Registered plants of differing cultivars produced in a registered greenhouse or screenhouse must be grown in separate containers.

(3) Different cultivars planted in a registered field must be separated by a distance of fourteen feet or by a physical barrier that prevents the intermingling of roots.

(4) Registered plants may be harvested from a registered planting for no more than one year.

(5) Upon request, growers must provide records to the department documenting the cultivar, source, indexing results and date of acquisition for any registered stock.

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NEW SECTION
WAC 16-333-056
Production requirements for certified caneberry planting stock.

(1) Certified caneberry plants must originate directly from foundation or registered planting stock, or from root cuttings or succulent plants from foundation or registered plants.

(2) Different cultivars planted in a certified field must be separated by a distance of fourteen feet or by a physical barrier that prevents the intermingling of roots.

(3) Certified plants may be harvested from a certified planting for no more than one year.

(4) Upon request, growers of certified planting stock must provide records to the department documenting the cultivar, source, indexing results and date of acquisition for any certified stock.

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NEW SECTION
WAC 16-333-061
Site requirements for foundation, registered and certified caneberry planting stock.

(1) Prior to planting foundation, registered, or certified planting stock, the grower must obtain approval from the department for each field site or facility.

(2) For approval by the department, a field site for growing foundation, registered, or certified planting stock must comply with each of the following criteria:

(a) The site has not been planted to caneberry plants or solanaceous crops for the previous five years, or the entire site has been tarp fumigated with chloropicrin and methyl bromide or other equivalent soil treatments approved by the department.

(b) The entire site is at least five hundred feet from any noncertified Rubus plants.

(c) The site has been treated for plant parasitic nematodes using methods recommended by the Washington State University Cooperative Agricultural Extension Service, and its soil has been tested and found free of harmful plant parasitic nematodes.

(3) In order to grow foundation or registered caneberry planting stock in a greenhouse or screenhouse, the grower must use a pasteurized growing media, free of plant pests and vectors of virus pests.

(4) Upon request, growers must provide records to the department documenting fumigations, treatments, and tests.

(5) A map identifying cultivars and lots at each site must be provided to the department by the grower.

(6) Growers must tag all lots identifying the cultivar and/or the lot number.

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NEW SECTION
WAC 16-333-066
Caneberry greenhouse and screenhouse inspection.

(1) Foundation or registered caneberry plants growing in a greenhouse or screenhouse must be inspected by the department at least one time during the growing period when the plants are likely to express symptoms of virus infection, crown and cane gall infections, and other disorders. The department may conduct additional inspections.

(2) During inspection, the department will flag all plants that are visibly off-type, crown gall infected, virus infected, or exhibiting virus-like symptoms.

(3) Growers must remove all plants flagged by the department immediately after inspection.

(4) The unit of certification is the lot.

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NEW SECTION
WAC 16-333-071
Caneberry field inspection.

(1) Field grown foundation, registered, or certified caneberry planting stock must be inspected by the department at least three times during the growing period.

(a) The first and second inspections must be conducted when the plants are likely to express symptoms of virus infection, crown and cane gall infections, and other disorders.

(b) The department will conduct the third inspection during or after harvest.

(c) The department may conduct additional inspections.

(2) During inspections, the department will flag all plants that are visibly off-type, crown gall infected, virus infected, or exhibiting symptoms of other caneberry pests or diseases.

(3) Growers must rogue in compliance with the criteria in this subsection all plants flagged by the department within one week after inspection.

(a) Roguing after the first field inspection must include removing the undesirable plant and all of its roots.

(b) Roguing after the second field inspection must include removing the undesirable plant and all of its roots, as well as all plants and plant parts within ten feet of the undesirable plant.

(4) Any portion of a field not meeting the standards, tolerances and criteria established in this chapter may be marked and removed from consideration for certification if, in the judgment of the department, it does not jeopardize the certification eligibility of the remaining portion of the field.

(5) The unit of certification is the lot.

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NEW SECTION
WAC 16-333-085
Tolerances for foundation, registered and certified caneberry planting stock.

(1) Each lot of foundation, registered or certified planting stock may have no more than the percentage of affected plants listed in the table below:


Foundation

All inspections

Registered

All inspections

Certified

All inspections

Factors Percent Percent Percent
Varietal mixture 0 0 0
Visible symptoms of virus diseases 0 0.05 0.5
Crown and cane gall 0 0.1 1.0
Nematode 0 0.05 0.1
Anthracnose 0 2.0 5.0
Other diseases 0 0.2 0.5
Root, cane or crown inhabiting insects 0 0.05 0.1

(2) Caneberry planting stock that fails to meet any tolerance for its intended class may be reclassified to the next class for which it meets all of the tolerances.

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AMENDATORY SECTION(Amending Order 1876, filed 11/5/85)

WAC 16-333-090
Caneberry ((tagging or stamping and plant inspection)) planting stock identification and grading.

(1) (("Certified")) All caneberry planting stock ((shall)) meeting the requirements and standards of this chapter may be identified with the state of Washington official certified caneberry plant tag or stamp ((under the supervision of)) issued by the department ((after plants have passed inspection)).

(2) ((Only plants meeting Washington standards for caneberry plants shall be tagged or stamped, except those marked foundation or registered.

(3))) All containers ((shall)) must be marked with the name and address of the grower, ((grade or)) class of certified stock, ((and)) variety, and lot number.

(((4) The grower is referred to chapter 15.14 RCW, planting stock, for additional information.)) (3) Quality and grading of planting stock is the responsibility of the grower.

[Statutory Authority: Chapter 15.14 RCW. 85-22-053 (Order 1876), 16-333-090, filed 11/5/85.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 16-333-030 Caneberry certification standards.
WAC 16-333-050 Requirements for production of caneberry foundation and registered stock.
WAC 16-333-060 Requirements for production of caneberry certified planting stock.
WAC 16-333-065 Production of certified caneberry nursery stock by micropropagation techniques.
WAC 16-333-070 Caneberry field inspection.
WAC 16-333-080 Caneberry field standards.

Washington State Code Reviser's Office