WSR 15-12-065 PROPOSED RULES
DEPARTMENT OF AGRICULTURE
[Filed May 29, 2015, 8:50 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-04-127.
Title of Rule and Other Identifying Information: WAC 16-301-490 through 16-301-580, crucifer seed quarantine.
Hearing Location(s): Department of Agriculture, Conference Room 238, 21 North First Avenue, Yakima, WA 98902, on July 7, 2015, at 11:00 a.m.
Date of Intended Adoption: July 21, 2015.
Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2043, by 5:00 p.m., July 7, 2015.
Assistance for Persons with Disabilities: Contact the agency receptionist by calling TTY 1-800-833-6388 or 711 no later than June 23, 2015.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Washington state department of agriculture has a crucifer quarantine in place to protect parts of five counties in northwestern Washington, important brassica vegetable seed production areas, from the introduction of black leg and black rot pathogens. This proposal will include the irrigated region of the Columbia Basin as part of the regulated area.
Reasons Supporting Proposal: Black leg was established in Idaho in 2011 and the pathogen was found surviving on rapeseed crop residues near Lewiston, Idaho in 2014. This demonstrates there is a risk of black leg being introduced and becoming established in the irrigated region of the Columbia Basin. The Columbian [Columbia] Basin Vegetable Seed Association petitioned the department to amend chapter 16-301 WAC to expand the regulated area in order to protect these vegetable seed production areas.
Statute Being Implemented: Chapter 15.49 RCW, Seeds.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Mike Leavitt, Columbia Basin Vegetable Seed Association; Chuck Stoddard, Columbia Basin Vegetable Seed Field Representatives Association, private.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Victor Shaul, Yakima, (509) 249-6950.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement was not prepared as this proposal will not create significant additional costs to industry.
A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency in RCW 34.05.328 (5)(a)(i).
May 29, 2015
Brad J. Avy
Assistant Director
AMENDATORY SECTION (Amending WSR 14-20-050, filed 9/25/14, effective 10/26/14)
WAC 16-301-505 Diseases regulated by this chapter.
(1) "Regulated diseases" means those bacterial and fungal diseases of crucifers listed in this section and any new variations or strains of these diseases.
(2) "Regulated pathogens" means those bacterial and fungal organisms identified as the ((casual)) causal agents for the diseases listed in this section.
(3) The following bacterial and fungal diseases of crucifers, and any new strains or variations of these diseases are regulated by this chapter:
AMENDATORY SECTION (Amending WSR 14-20-050, filed 9/25/14, effective 10/26/14)
WAC 16-301-515 Crucifer seed quarantine—Quarantined area.
(1) The quarantine area for the crucifer seed quarantine includes all Washington state counties except Adams, Asotin, Benton, Chelan, Clallam, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Island, Kittitas, Klickitat, Lewis, Lincoln, Okanogan, Pend Oreille, Skagit, Snohomish, ((and)) Spokane, Stevens, Walla Walla, Whatcom, Whitman, and Yakima counties.
(2) Regulated articles imported into Washington state must comply with the regulations of this chapter before transport into ((the)) a regulated area. No additional requirements apply within the quarantine area but all regulated articles transported into ((the)) a regulated area must comply with the regulations of this chapter.
AMENDATORY SECTION (Amending WSR 14-20-050, filed 9/25/14, effective 10/26/14)
WAC 16-301-520 Crucifer seed quarantine—Regulated areas.
There are two regulated areas for this crucifer quarantine, one in western Washington and one in eastern Washington. Each regulated area has specific requirements related to seed testing and treatment.
(1) The regulated area in western Washington for this crucifer seed quarantine includes Clallam, Island, Lewis, Skagit, Snohomish, and Whatcom counties.
(2) The regulated area in eastern Washington for this crucifer seed quarantine includes Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima counties.
AMENDATORY SECTION (Amending WSR 14-20-050, filed 9/25/14, effective 10/26/14)
WAC 16-301-525 Crucifer seed quarantine within the regulated areas—Exemptions.
This crucifer quarantine does not apply to:
(1) Experiments or trial grounds of the United States Department of Agriculture;
(2) Experiments or trial grounds of a university such as but not limited to the University of Idaho or Washington State University research stations; or
(3) Trial grounds of any person, firm or corporation that are approved by the director and established in accordance with WAC 16-301-550;
(4) Shipments, movements, or transportation of:
(a) Prepackaged crucifer seed in packages of 1/2 ounce or less if the seeds are free of regulated diseases as required in WAC 16-301-530; or
(b) Vegetable seedlings offered for sale for home garden use in the regulated areas if the seedlings are free of regulated diseases as required in WAC 16-301-530.
(5) Research, variety development, variety maintenance or other crucifer production where the entire crop cycle is confined within a building or greenhouse;
(6) Seed lots with a maximum weight of five pounds that were in inventory prior to January 1, 2007.
AMENDATORY SECTION (Amending WSR 14-20-050, filed 9/25/14, effective 10/26/14)
WAC 16-301-530 Planting crucifer seed in the western Washington regulated area—Requirements.
(1)(a) It is a violation of this chapter to plant or establish crucifer seed that is infected with any regulated disease in the western Washington regulated area.
(b) Any seed of a Brassica ((or)), Raphanus, Sinapis species or any other genera in the Brassicaceae family planted or established in the western Washington regulated area whose primary use is for any nonvegetable use must be tested for the presence of dormant seed as required by WAC 16-301-510.
(2) Any person who plans to ship, move, or transport any crucifer seed intended for planting purposes into or within the western Washington regulated area must file a Notice of Intent/Quarantine Compliance form with the seed program before planting or offering the seed for sale.
(3) The Notice of Intent/Quarantine Compliance form filed with the seed program must be accompanied by a copy of the:
(a) Laboratory analysis or some other proof (such as a phytosanitary certificate based upon laboratory testing issued from the state or country of production) demonstrating that the lot is free of regulated diseases; and
(b) Seed analysis certificate(s) showing that the lot is free from dormant seed, if required under WAC 16-301-510.
(4) It is a violation of this chapter for any crucifer seed intended for seed production, oil production, commercial vegetable production or cover crop use to be offered for sale within or into the western Washington regulated area unless accompanied by documentation verifying quarantine compliance.
(a) For small packages such as heat sealed envelopes and tins, quarantine compliance may be placed on a sales invoice or other documentation that is provided to the purchaser of seed. Language must be approved by the seed program.
(b) Larger containers must bear a label issued by the seed program indicating that the seed is in compliance with this chapter.
NEW SECTION
WAC 16-301-531 Planting crucifer seed in the eastern Washington regulated area—Requirements.
(1)(a) It is a violation of this chapter to plant or establish crucifer seed that is infected with any regulated disease in the eastern Washington regulated area.
(b) Any seed of a Brassica, Raphanus, Sinapis species or any other genera in the Brassicaceae family to be planted in the eastern Washington regulated area must be laboratory tested and found to be free from black leg of crucifers (Phoma lingam).
(2) Any seed of a Brassica, Raphanus, Sinapis species or any other genera in the Brassicaceae family to be planted in the eastern Washington regulated area must be treated with either a fungicide appropriate to control black leg, hot water or other treatments authorized by the department.
(3) Any seed of a Brassica, Raphanus, Sinapis species or any other genera in the Brassicaceae family to be planted in the eastern Washington regulated area must be tagged with a tag issued by the department indicating that the seed has met the requirements of this chapter.
NEW SECTION
WAC 16-301-533 Offering crucifer seed for sale in eastern Washington.
Any seed of a Brassica, Raphanus, Sinapis species or any other genera in the Brassicaceae family to be planted in the eastern Washington regulated area must be tagged with a tag issued by the department indicating that the seed has met the requirements of this chapter.
AMENDATORY SECTION (Amending WSR 14-20-050, filed 9/25/14, effective 10/26/14)
WAC 16-301-540 Crucifer transplants grown in greenhouses in the regulated areas—Requirements.
(1) All crucifer transplants produced in greenhouses in the regulated areas must be subjected to pest control procedures that reduce the presence of diseases or insects that may inhibit identifying regulated diseases.
(2) The interiors of greenhouses in the regulated area used to produce crucifer transplants must be free of crucifer weeds.
(3) One hundred meter buffers, free of crucifer weeds, must surround all greenhouses in the regulated area used to produce crucifer transplants.
AMENDATORY SECTION (Amending WSR 14-20-050, filed 9/25/14, effective 10/26/14)
WAC 16-301-545 Crucifer seed lots that test positive for any regulated disease—Requirements.
(1) If a crucifer seed lot tests positive for any regulated disease, the infected seed lot may be treated with an approved seed treatment.
(2) After treatment, the seed lot must be tested for the presence of regulated diseases using appropriate pathological testing methods.
(3) If the pathological testing yields negative test results, the seed lot will be considered in compliance with this chapter.
(4) It is a violation of this chapter to plant seed in the regulated areas that tests positive for any regulated disease subsequent to any approved treatment method.
AMENDATORY SECTION (Amending WSR 14-20-050, filed 9/25/14, effective 10/26/14)
WAC 16-301-550 Planting seed in ((a)) the western Washington regulated area—Protocols when certain documentation is unavailable.
When no documentation exists verifying that a crucifer seed lot is free from regulated diseases, the following protocols must be followed before the seed is planted in the western Washington regulated area:
(1) A crucifer seed lot will be classified as a suspect seed lot if the seed lot lacks the documentation verifying that the lot complies with the crucifer seed quarantine requirements of this chapter.
(2) Suspect seed lots must:
(a) Not be offered for sale in the western Washington regulated area.
(b) Be treated by an approved treatment method.
(c) Be sown in a greenhouse and the seedlings must pass inspection by seed program inspectors before transplanting to the field.
(3) Any greenhouse operation used to grow crucifer seedlings for transplant must:
(a) Physically separate suspect seed lots from other crucifer production within that greenhouse.
(b) Monitor and document the location and identity of each suspect seed lot during production.
(4) It is a violation of this chapter for seedlings from a suspect seed lot to be topped, clipped, chopped or undergo any other treatment to toughen them or reduce their size.
(5) All seedlings from a suspect seed lot that exhibit symptoms of regulated diseases must be physically separated from asymptomatic transplants in that lot.
(6) Before shipping seedlings from a suspect seed lot, the seedlings must be inspected by seed program inspectors for the presence of regulated diseases.
(a) If no symptoms of regulated diseases are detected during this inspection, the suspect seed lot is considered in compliance with this chapter and may be sold and planted within the western Washington regulated area.
(b) If seedlings display symptoms of regulated diseases, laboratory testing for the diseases is mandatory.
(c) If seedlings from a suspect seed lot test negative for regulated pathogens after appropriate pathological testing, the suspect seed lot is considered in compliance with this chapter and may be sold and planted within the western Washington regulated area.
(d) If the presence of a regulated disease is confirmed by laboratory testing, all seedlings from a suspect seed lot may be subject to a quarantine order or destruction order under WAC 16-301-570.
(7) Any crucifer seed production fields, plant beds, or greenhouse production that will be planted with or receives production from suspect seed lots that are determined to be free from regulated diseases under subsection (6) of this section must be entered into the Washington state phytosanitary inspection program as required under WAC 16-301-235.
(8)(a) It is a violation of this chapter to plant seedlings from a suspect seed lot that tests positive for any regulated disease in the western Washington regulated area.
(b) Any suspect seed lot testing positive for any regulated disease may be subject to a quarantine order or a destruction order under WAC 16-301-570.
AMENDATORY SECTION (Amending WSR 14-20-050, filed 9/25/14, effective 10/26/14)
WAC 16-301-580 Diseased crucifer seeds and infected fields—Regulations.
(1) When the director determines that a field is infected with a regulated pathogen and threatens to infect other fields, the director may issue a notice of destruction prescribing control measures or other requirements needed to prevent the infection of adjacent properties.
(2) Unless the crop is within two weeks of harvest, any crucifer crop within ((the)) a regulated area that is infected with a regulated pathogen may be subject to immediate destruction, in part or in total. The owner is responsible for the expenses incurred to destroy a diseased crucifer crop.
(3) The following requirements apply to crops that are within two weeks of harvest:
(a) Residues must be destroyed or incorporated into the ground immediately after harvest;
(b) Harvested seed must be isolated from other seed lots until it is treated with hot water and/or chlorine seed treatments;
(c) Harvest equipment must be steam cleaned before entering any other fields; and
(d) WSDA personnel in consultation with WSU extension personnel must monitor these postharvest activities.
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