WSR 01-01-013

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed December 6, 2000, 3:34 p.m. ]

Date of Adoption: December 6, 2000.

Purpose: To amend the existing rule regarding onion white rot quarantine to update its structure and terminology to meet international standards for quarantines, to incorporate clear and readable format, and to reflect current industry and program conditions.

Citation of Existing Rules Affected by this Order: Amending WAC 16-470-300, 16-470-310, 16-470-320, and 16-470-330.

Statutory Authority for Adoption: Chapter 17.24 RCW.

Adopted under notice filed as WSR 00-20-108 on October 4, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 4, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 4, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 4, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

December 6, 2000

Jim Jesernig

Director

OTS-4510.1


AMENDATORY SECTION(Amending Order 1881, filed 3/12/86)

WAC 16-470-300   Quarantine -- Onion white rot disease.   (((1))) Onion white rot is a potentially devastating disease of onions and closely related species, which causes greatly decreased yields and reduced storage quality. It is spread primarily by movement of contaminated water, soil, equipment, tools, machinery, and infested plants and plant parts. Onion white rot disease is caused by Sclerotium cepivorum, a fungus. Once a field is infested, the disease remains indefinitely in the soil. The director finds that onion white rot disease is detrimental to the onion industry of Washington state and establishes a quarantine ((is established)) to prevent ((the spread)) introduction and ((introduction)) spread of ((onion white rot)) the disease ((caused by Schlerotium cepivorum, a fungus,)) within noninfested areas of Washington state.

(((2) The following definition shall apply to WAC 16-470-300 through 16-470-340: "Onion" means any Allium spp.including but not limited to onion, garlic, leek, chive, or shallots.))

[Statutory Authority: Chapter 17.24 RCW. 86-07-020 (Order 1881), 16-470-300, filed 3/12/86; 85-20-043 (Order 1873), 16-470-300, filed 9/25/85.]


NEW SECTION
WAC 16-470-305   Onion white rot disease -- Definitions.   The following definitions apply to WAC 16-470-300 through 16-470-340:

(1) "Onion" means any plant of the Allium genus, including, but not limited to, onion, garlic, leek, chive and shallots.

(2) "Pest-free area for onion white rot" means Adams, Franklin and Grant counties.

[]


AMENDATORY SECTION(Amending Order 1873, filed 9/25/85)

WAC 16-470-310   Onion white rot disease -- Area under order.   The area under exterior quarantine for onion white rot disease ((includes Adams, Franklin, and Grant counties)) is all states of the United States. The area under interior quarantine for onion white rot disease is all counties of Washington state.

[Statutory Authority: Chapter 17.24 RCW. 85-20-043 (Order 1873), 16-470-310, filed 9/25/85.]


AMENDATORY SECTION(Amending Order 1873, filed 9/25/85)

WAC 16-470-320   Onion white rot disease -- Restrictions -- Control -- Prevention -- Sanitation.   The following restrictions are declared to be the proper methods for the control and prevention of the introduction of onion white rot disease, which shall be used in the ((quarantine)) pest-free area ((described in WAC 16-470-310)) for onion white rot:

(1) No person shall import onion bulbs, sets or seedlings into the ((quarantine)) pest-free area for onion white rot for the purpose of planting or propagation ((bulbs, sets, or seedlings of onion, garlic, leek, chive, shallots, or other Allium spp.)), except those produced in and shipped from any area of this state or other states where onion white rot is not known to occur((, and)). Each shipment ((shall)) must be certified to be free from white rot disease by the ((origin)) pest protection organization of the state ((department of agriculture)) where the onion planting stock was produced.

(2) Except as provided in this chapter, no person shall in any manner import or move soil, machinery, tools, or equipment into the ((quarantine)) pest-free area((, which)) for onion white rot. If the soil, machinery, tools, or equipment have been previously used in any manner ((on)) in fields outside the ((quarantine)) pest-free area ((where the host plants named in subsection (1) of this section have been cultivated)) for onion white rot. Machinery, tools or equipment may be imported or moved into the ((quarantine)) pest-free area for onion white rot with prior approval from the department((: Provided, That)). The soil, machinery, tools or equipment ((are)) must be cleaned and ((sterilized)) sanitized to the satisfaction of the department prior to movement into the ((quarantine)) pest-free area for onion white rot. The cleaning shall include the thorough removal of all ((dirt)) soil and debris by the use of steam under pressure. ((Sterilization shall)) Sanitation must be accomplished by the use of steam or other methods approved by the department. For the purposes of this section, "machinery, tools or equipment" includes but is not limited to vehicles, farm trucks, harvesters, and tillage equipment.

(3) The department may stop the movement ((of any machinery, tools, or equipment)) into or within the ((quarantine)) pest-free area ((which have)) for onion white rot of any machinery, tools or equipment that has not been cleaned and ((sterilized)) sanitized as provided in this section.

(4) No person shall knowingly import into the ((quarantine)) pest-free area for onion white rot livestock which have been pastured on irrigated fields known to be infested with white rot or which have been fed white rot infested plant parts((; nor shall)). Onion white rot infested plant parts may not be imported into the quarantine area for livestock feed((; nor shall)). Onion white rot infested plant parts found in the ((quarantined)) pest-free area for onion white rot may not be fed to livestock. No restrictions are imposed by this ((quarantine)) section on livestock moving to feed lots, sale yards, or exhibition sites (such as fairgrounds, shows, etc.) in the ((quarantined)) pest-free area for onion white rot.

[Statutory Authority: Chapter 17.24 RCW. 85-20-043 (Order 1873), 16-470-320, filed 9/25/85.]


AMENDATORY SECTION(Amending Order 1873, filed 9/25/85)

WAC 16-470-330   Onion white rot disease -- Enforcement.   (1) The department may inspect any onions or onion planting areas within the ((quarantine)) pest-free area for onion white rot during any time of the year to determine whether the disease organism is present. If the department finds ((that any onions, whether they are being transported, or any fields are infested with)) the disease organism in onions at any stage of production or transportation or in land, the department may seize any infested onions which are separated from the land on which they were grown, or by written order direct the control and eradication of an infestation. ((The written order shall be mailed or hand delivered to the onion grower or field owner.))

(2) Movement of infested onions within the ((quarantine)) pest-free area for onion white rot or removal of infested onions from the ((quarantine)) pest-free area ((shall)) for onion white rot must be carried out only with the department's prior approval and under its supervision.

(3) Control and eradication methods that may be used ((shall be only)) are limited to those approved by the department ((and Washington State University and)). They may include:

(a) The destruction of any infested onions;

(b) A directive that a specific part or all of any infested area be taken out of onion production;

(c) A directive that any infested area be fenced, properly diked to prevent off-flow of irrigation or rainwater, and planted to an approved crop which will prevent soil erosion and will not require annual tillage;

(d) ((Prohibit)) Prohibiting the pasturing of animals on any infested area;

(e) A directive that equipment, tools and machinery used on an infested area be cleaned and ((sterilized)) sanitized as described in WAC 16-470-320 prior to removal from the area.

[Statutory Authority: Chapter 17.24 RCW. 85-20-043 (Order 1873), 16-470-330, filed 9/25/85.]

Washington State Code Reviser's Office