WSR 00-14-078

EXPEDITED ADOPTION

DEPARTMENT OF AGRICULTURE


[ Filed July 5, 2000, 11:10 a.m. ]

Title of Rule: Chapter 16-350 WAC, Registration and certification of fruit tree planting stock.

Purpose: 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: These proposed changes clarify existing requirements and update the program to acknowledge current industry and program practices. Certification of fruit tree planting stock makes plants of known pest status and quality available to growers engaged in tree fruit (i.e. apple, pear, peach, prune, cherry, etc.) production in several states and foreign countries. Certified planting stock usually commands a market premium, and certified stock is the only tree fruit planting stock eligible for export to many nations. It is necessary that the rule remain in compliance with current industry standards.

Reasons Supporting Proposal: Some sections of this rule were rewritten in 1990, and others date from 1974. Changes in industry and program practices and legislative mandates (for instance, the regulatory reform statutes) have made 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: Joint proposal of Washington State Department of Agriculture (WSDA) and the Fruit Tree Certification Advisory Committee, private and governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: About ten nurseries enroll in the Washington fruit tree certification program, which is created by these rules. This is the largest of nine different crops' certification programs administered by the plant services program of WSDA. Participation in the production of certified planting stock is entirely voluntary for any producer of fruit trees. Enrollment and compliance with the requirements of this assessment-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. The existing rule is a combination of provisions written in 1974 and 1990, and it needs updating to acknowledge technical progress. Changes in industry and program practices and legislative mandates (for instance, the regulatory reform statutes) have made other modifications necessary.

WSDA has sought individual and collective input from all program participants and other stakeholders. Because of the resulting high level of stakeholder participation and intensive discussion, we feel a stakeholder consensus was reached. We anticipate that the positive effects of these rule changes outweigh any adverse effects that might result from the changes.

Proposal Changes the Following Existing Rules: The proposal changes a number of technical requirements within the fruit tree certification program. It reduces the required minimum distance between plantings of registered scion trees and nonregistered members of the Rosaceae family from a universal one hundred feet (the current requirement) to sixty feet or less in some circumstances. It provides for exceptions to the existing rule that states registered trees may only be propagated from foundation stock. It changes isolation distance requirements for some registered seed trees and stool beds. It provides for production of Prunus rootstock from tested commercial seed. It also differentiates between virus diseases and virus-like diseases.

The proposal also clarifies records requirements and increases uniformity (where appropriate) with provisions of other certification programs administered by the department. 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-4151.1

Chapter 16-350 WAC

((FRUIT TREES -- ))REGISTRATION AND CERTIFICATION OF FRUIT TREE PLANTING STOCK


AMENDATORY SECTION(Amending Order 1331, filed 1/15/74)

WAC 16-350-010
General.

(1) Trees may be registered as rootstock and ((top-stock)) scion sources for the propagation of certified nursery stock when inspected, tested and found to be ((true-to-name and)) discernibly free from harmful virus and virus-like diseases and other conditions by procedures outlined in this program.

(2) ((Registration and/or certification does not imply any warranty on the part of the department or any employee thereof.

(3) Participation in this program shall be voluntary.)) Issuance of a certified state of Washington plant tag, stamp or other document under this chapter means only that the tagged, stamped or otherwise documented fruit tree or fruit tree related ornamental stock and rootstock have been subjected to 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.

(3) The department is not responsible for disease, genetic disorders, 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.

(4) Participation in the fruit tree planting stock certification program is voluntary.

[Order 1331, 16-350-010, filed 1/15/74; Order 1300, 16-350-010, filed 3/26/73; Order 951 (part), filed 7/2/64; Order 890 (part), effective 9/17/62.]


AMENDATORY SECTION(Amending Order 2058, filed 11/9/90, effective 12/10/90)

WAC 16-350-015
Definitions.

(1) (("Virus infected (affected)" means presence of a harmful virus(es) in a plant or plant part.

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

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

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

(((5))) (2) "Index" 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.

(((6) "Registered tree" means that a registration number has been assigned by the department to a tree or clonal planting that has been inspected and tested in accordance with the provisions of this program.

(7) "Scion-block" means a planting of registered trees which serves as a source of scionwood for the propagation of "Washington certified nursery stock."

(8) "Seed-block" means a planting of registered prunus seed trees which serves as a source of seed for producing rootstock used in the propagation of "Washington certified nursery stock."

(9) "Stool bed" means a clonal planting of self-rooted registered trees for the specific purpose of producing vegetatively propagated rootstock used in the propagation of "Washington certified nursery stock."

(10) "Washington certified nursery stock" means nursery grown seedlings, clonal rootstocks originating from registered trees and nursery grown trees propagated by using top-stock from registered trees and rootstock originating from registered trees except as herein provided for certain rootstocks, but limited to the plant Genera 1. Chaenomeles, 2. Cydonia, 3. Crataegus, 4. Malus, 5. Prunus, 6. Pyrus, 7. Sorbus.

(11) "Washington certified seed" means seed produced on registered seed trees.)) (3) "NRSP-5" means the United States Department of Agriculture National Research Support Project 5.

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

(5) "Scion block" means a planting of registered trees which serves as a source of scion wood for the propagation of certified nursery stock.

(6) "Seed block" means a planting of registered trees which serves as a source of seed for producing rootstock used in the propagation of certified nursery stock.

(7) "Stool bed" means a clonal planting of self-rooted registered trees for the specific purpose of producing vegetatively propagated rootstock used in the propagation of certified nursery stock.

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

(9) "Washington certified nursery stock" means nursery grown seedlings, clonal rootstocks and nursery grown trees of the plant genera Chaenomeles, Cydonia, Crataegus, Malus, Prunus, Pyrus and Sorbus, that comply with the requirements of this chapter.

(10) "Washington certified seed" means seed produced on registered seed trees in compliance with this chapter.

[Statutory Authority: Chapter 15.14 RCW. 90-23-006 (Order 2058), 16-350-015, filed 11/9/90, effective 12/10/90; Order 1331, 16-350-015, filed 1/15/74; Order 1300, 16-350-015, filed 3/26/73; Order 951, Regulation 1, filed 7/2/64; Order 890, Regulation 1, effective 9/17/62.]


AMENDATORY SECTION(Amending Order 1331, filed 1/15/74)

WAC 16-350-020
Requirements.

(1) The applicant ((nurseryman shall be)) is responsible, subject to the approval of the department, for the selection of the location and the proper maintenance of registered plantings ((being)) grown under the provisions of this program. The applicant ((nurseryman shall be)) is also responsible for maintaining the identity of all nursery stock entered in this program in a manner approved by the department. Any planting entered in this program ((shall)) must be kept in a thrifty growing condition ((and)) free of plant pests.

(2) ((There shall be no)) Budding, grafting, or top-working of registered trees ((in any scion-block, seed-block or stool bed)) is prohibited, except for indexing under the supervision of the department.

(3) ((Any plant found to be affected by a virus or virus-like disease or if off-type shall be removed and destroyed immediately from any planting)) Applicants must remove any tree that is infected with virus or virus-like disease or is off-type, following notification by the department.

[Order 1331, 16-350-020, filed 1/15/74; Order 1300, 16-350-020, filed 3/26/73; Order 951, Regulation 2(a), filed 7/2/64; Order 890, Regulation 2 (part), effective 9/17/62.]


AMENDATORY SECTION(Amending Order 2058, filed 11/9/90, effective 12/10/90)

WAC 16-350-025
Requirements for registered scion blocks.

(1) ((Location. A scion-block shall be located not less than 100 feet from any nonregistered cultivated plant of the Rosaceae family. The ground in a scion-block and for a distance of 20 feet surrounding it shall be kept either clean cultivated or in an approved, properly controlled, ground cover. Registered scion-block trees shall be planted and maintained in a manner and at sufficient distance that branches of different varieties do not overlap. Each tree shall bear a permanent registration number.

(2) Acceptability. The root stock and top-stock sources of the scion-block trees shall have originated from foundation trees established under this program, or from virus-tested trees originating through the inter-regional project No. 2 (IR-2) or other approved sources. If the tree is scion-rooted, its source shall have met the above requirements. Only registered trees shall be permitted in the scion-block.)) The department will assign a registration number to each registered scion tree.

(2) Only registered trees are permitted in a registered scion block.

(3) Isolation requirements.

(a) Prunus trees must be at least one hundred feet from any nonregistered Prunus tree.

(b) Chaenomeles, Cydonia, Crataegus, Malus, Pyrus, and Sorbus trees must be at least sixty feet from any nonregistered plant of the Rosaceae family. The department may waive the isolation distance for registered trees of these genera, if the trees are separated by a physical barrier that would prevent the intermingling of roots.

(4) The ground in a scion block and for a distance of twenty feet on all sides around it must be kept either clean cultivated or in ground cover relatively free of broadleaf weeds.

(5) Registered scion trees must be propagated from foundation scion wood obtained from NRSP-5 or other equivalent sources approved by the department and rootstock that complies with the requirements established in this chapter, except:

(a) Registered scion trees of the genus Malus may be propagated with scion wood from other registered Malus trees, if all of the following three conditions are complied with:

(i) No registered tree utilized is more that two generations from the foundation source.

(ii) The registered tree providing scion wood for a second generation registered tree is identified and its location is known.

(iii) The department monitors the propagation of second generation registered scion trees.

(b) Registered scion trees may be propagated from trees that have been indexed and found free of all known virus and virus-like diseases by NRSP-5 or other programs approved by the department using equivalent indexing methods.

[Statutory Authority: Chapter 15.14 RCW. 90-23-006 (Order 2058), 16-350-025, filed 11/9/90, effective 12/10/90; Order 1331, 16-350-025, filed 1/15/74; Order 1300, 16-350-025, filed 3/26/73; Order 951, Regulation 2(b), filed 7/2/64; Order 890, Regulation 2 (part), effective 9/17/62.]


AMENDATORY SECTION(Amending Order 2058, filed 11/9/90, effective 12/10/90)

WAC 16-350-030
Requirements for registered seed blocks.

(1) ((Location. A prunus seed-block shall be located not less than 100 feet from any nonregistered plant of the Prunus species. The ground in a seed-block and for a distance of 20 feet surrounding the seed-block shall be kept clean cultivated or in an approved, controlled ground cover. Each tree shall bear a permanent registration number.

(2) Acceptability. The rootstock and top-stock sources of the seed-tree shall have originated from foundation trees established under this program or from virus-tested trees originating through the inter-regional project No. 2 (IR-2) or other approved sources. If the tree is scion-rooted, its source shall have met the above requirements. Only registered trees shall be permitted in the seed-block.)) The department will assign a registration number to each registered seed tree.

(2) Only registered trees are permitted in a registered seed block.

(3) Prunus seed blocks must be located at least one hundred feet from any nonregistered Prunus plants.

(4) The ground in a seed block and for a distance of twenty feet on all sides around it must be kept either clean cultivated or in ground cover relatively free of broadleaf weeds.

(5) Registered seed trees must be propagated from foundation or registered scion wood and rootstock that has been demonstrated to be free of all virus or virus-like diseases.

[Statutory Authority: Chapter 15.14 RCW. 90-23-006 (Order 2058), 16-350-030, filed 11/9/90, effective 12/10/90; Order 1331, 16-350-030, filed 1/15/74; Order 1300, 16-350-030, filed 3/26/73; Order 951, Regulation 2(c), filed 7/2/64; Order 890, Regulation 2 (part), effective 9/17/62.]


AMENDATORY SECTION(Amending Order 2058, filed 11/9/90, effective 12/10/90)

WAC 16-350-032
Requirements for registered stool beds.

(1) ((Location. A stool-bed shall be located not less than fifty feet from any nonregistered cultivated plant of the Rosaceae family. The following exception will apply. Nonregistered stool-beds may be located no less than ten feet from registered stool-bed plantings. The ground in a stool-bed and for a distance of ten feet surrounding it shall be kept clean cultivated.

(2) Acceptability. Existing stool-beds that index clean on the commonly used virus indicators will qualify as registered stool-beds. New stool-beds (those planted after January 1, 1976) shall have originated from foundation stock established under this program, or from virus-tested plants originating through the inter-regional project No. 2 (IR-2) or other approved sources. If the tree is scion-rooted, its source shall have met the above requirements. Only registered trees shall be permitted in the stool-bed.)) Only registered trees are permitted in a registered stool bed.

(2) Registered stool beds must be at least ten feet from nonregistered plants of the Rosaceae family.

(3) The ground in a stool bed and for a distance of at least ten feet on all sides around it must be kept clean cultivated.

(4) Registered stool beds must be planted with foundation or registered planting stock. Certified rootstocks from programs approved by the department may also be used, provided the resulting stock in the stool bed is tested and found free of virus and virus-like diseases prior to harvest of certified rootstock.

[Statutory Authority: Chapter 15.14 RCW. 90-23-006 (Order 2058), 16-350-032, filed 11/9/90, effective 12/10/90; Order 1331, 16-350-032, filed 1/15/74; Order 1300, 16-350-032, filed 3/26/73.]


AMENDATORY SECTION(Amending Order 2058, filed 11/9/90, effective 12/10/90)

WAC 16-350-035
Requirements for certified nursery planting stock.

(1) ((Rootstocks.)) All ((stone and pome fruit and related ornamental)) nursery stock being grown for ((blue tag)) certification ((shall be on rootstocks from registered trees except for stone fruit and related ornamental trees grown on virus tested seedlings and pome fruit and related ornamental trees grown on apple and pear seedlings. These seedling rootstocks, when grown from commercial seed, will be acceptable if seed transmissible virus content does not exceed five percent. Clonal rootstocks used in the production of Washington certified blue tag nursery stock must originate from registered stool-beds.

(2) Location. Nursery stock being grown for certification shall be planted sufficiently apart to maintain its identity and shall be kept clean cultivated. It shall be designated as to rootstock, top-stock, and interstock sources. There shall be no rebudding or regrafting of nursery row stock unless such stock is reworked with budwood from the same registered scion-tree.

(3) Seed. Certified seed shall have been produced on registered seed trees only.

(4) Tagging. A blue tag shall designate trees produced from registered scion-source trees and which have been propagated on rootstocks produced from registered seed-source or stool-bed trees; or which are self-rooted. Stone and pome fruit and related ornamental trees grown on seedling rootstocks from commercial seed will also qualify for blue tag certification if seed transmissible virus content does not exceed five percent.

A yellow tag shall designate trees produced from registered scion-source trees and which have been propagated on rootstocks which originate from nonvirus-tested sources.

All nursery stock meeting the requirements of this program when sold shall have the variety, interstock and rootstock designated where applicable as follows: Variety/interstock/rootstock.

(5) Acceptability. All nursery stock meeting the requirements of this program shall be known as Washington certified nursery stock)) must be propagated on certified rootstock. Certified rootstock may be any one of the following:

(a) Rootstock originating from registered trees.

(b) Rootstock originating from other approved certification programs.

(c) Prunus seedlings grown from commercial seed, if the seed lot has been tested for transmissible virus content and not more than five percent of the seed tested positive for transmissible virus content.

(d) Pome fruit seedlings.

(2) Growers must keep records identifying the scion, rootstock, and interstock sources for all Washington certified stock. Upon request, these records must be made available to the department.

(3) Seed may be designated as Washington certified seed only if both of the following conditions are complied with:

(a) The seed was produced on registered seed trees; and

(b) The seed lot has been tested for transmissible virus content, and not more than five percent of the seed tested positive for transmissible viruses.

(4) Washington certified nursery stock must be identified by a blue certification tag.

(5) When it is offered for sale, Washington certified nursery stock must be identified as to variety, interstock and rootstock.

[Statutory Authority: Chapter 15.14 RCW. 90-23-006 (Order 2058), 16-350-035, filed 11/9/90, effective 12/10/90; Order 1331, 16-350-035, filed 1/15/74; Order 1300, 16-350-035, filed 3/26/73; Order 951, Regulation 2(d), filed 7/2/64; Order 890, Regulation 2 (part), effective 9/17/62.]


AMENDATORY SECTION(Amending Order 1331, filed 1/15/74)

WAC 16-350-040
Inspection and testing for certification of nursery planting stock.

(1) ((Methods and procedures. Inspection and testing procedures prescribed in this program may be made only by the department and shall be conducted in a manner and at times determined as suitable. The methods and procedures used for making the virus disease determinations will conform to IR-2 standards.

(2) Inspection of nursery stock for certification. At least one visual inspection shall be made of nursery rootstock in a planting for certification during the first growing season. At the request of the department any undesirable rootstock shall be rogued before propagation. At least two visual inspections shall be made of nursery stock during the growing season following bud or graft placement.

The department shall refuse certification in part or all of a planting if plants have been propagated from registered trees determined to be affected by a virus or virus-like disease or if other requirements of this program have not been met.)) The department will conduct all inspections, testing and indexing prescribed in this chapter in a manner and at times the department has determined to be suitable. The methods and procedures used for making the virus and virus-like disease determinations will conform to the standards of NRSP-5.

(2) The department will conduct at least one visual inspection of certified nursery rootstock during the first growing season. Upon request by the department, growers must rogue any undesirable rootstock prior to bud or graft placement.

(3) The department will conduct at least two visual inspections of nursery stock during the growing season following bud or graft placement.

(4) The department will refuse certification of planting stock that has been propagated from registered trees found to be infected by a virus or virus-like disease, or if other requirements of this chapter have not been complied with.

[Order 1331, 16-350-040, filed 1/15/74; Order 1300, 16-350-040, filed 3/26/73; Order 951, Regulation 3, filed 7/2/64; Order 890, Regulation 3, effective 9/17/62.]


AMENDATORY SECTION(Amending Order 2058, filed 11/9/90, effective 12/10/90)

WAC 16-350-045
Application and fees.

(1) ((Application.

(a))) The applicant ((nurseryman shall furnish to)) must provide the department with all information ((pertinent to the operation of this program)) documenting the eligibility of all registered and certified stock and ((shall give his/her consent to)) must allow the department to take ((propagating wood from any tree)) samples for indexing or testing purposes.

(((b) Trees registered and used under the provisions of the Washington state nursery improvement program shall be deemed usable as registered scion-trees and seed-trees if they meet the requirements outlined in this program.

(c) Application for inspection and indexing of registered scion and seed-trees and for inspection of nursery stock)) (2) An application for certification must be filed with the department by June 1 of each year accompanied by an application fee. The application fee will consist of $100.00 plus $1.00 for each registered seed tree ((entered in this program)).

(((2) Fees.)) (3) The application fee will apply toward the one percent annual assessment on the gross sale price of the wholesale market value for all fruit trees, fruit tree related ornamentals, and fruit tree rootstock sold within the state or shipped from the state of Washington by any licensed nursery dealer during any license period, as set forth in RCW 15.13.130((: Provided, That)). No refund of the application fee will be allowed.

[Statutory Authority: Chapter 15.14 RCW. 90-23-006 (Order 2058), 16-350-045, filed 11/9/90, effective 12/10/90; Order 1331, 16-350-045, filed 1/15/74; Order 1300, 16-350-045, filed 3/26/73; Order 1275, 16-350-045, filed 7/6/72; Order 951, Regulation 4, filed 7/2/64; Order 890, Regulation 4, effective 9/17/62.]


AMENDATORY SECTION(Amending Order 2058, filed 11/9/90, effective 12/10/90)

WAC 16-350-050
Tagging and identity.

(1) ((Tagging.)) The department ((will)) authorizes the use of official certification tags for the identification of nursery stock or seed that meet the requirements of this program. These tags will be supplied by the ((Washington state)) department ((of agriculture)) to all ((members)) growers participating in the program. Participating ((members)) growers will reimburse the department ((of agriculture)) for all certification tags supplied. This reimbursement will be based on the cost incurred by the ((Washington state)) department ((of agriculture)).

(2) ((Identity.)) Any person selling Washington certified nursery stock or Washington certified seed is responsible for the identity of the stock bearing each tag and for such nursery stock or seed meeting the requirements of this program. Persons issued tags authorized by the program ((shall)) must account for stock produced and sold ((and)), keep such records ((as may be necessary)), and make them available to the department upon request.

[Statutory Authority: Chapter 15.14 RCW. 90-23-006 (Order 2058), 16-350-050, filed 11/9/90, effective 12/10/90; Order 1331, 16-350-050, filed 1/15/74; Order 1300, 16-350-050, filed 3/26/73; Order 951, Regulation 5, filed 7/2/64; Order 890, Regulation 5, effective 9/17/62.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 16-350-001 Promulgation.
WAC 16-350-003 Promulgation.
WAC 16-350-060 Grades and standards for Washington certified fruit tree nursery stock.
WAC 16-350-065 Statutory declaration of unlawful acts.
WAC 16-350-070 Effective date.
WAC 16-350-075 Certifying agency issuance of certificate.

Washington State Code Reviser's Office