WSR 18-03-121

AGENDA

DEPARTMENT OF AGRICULTURE

[Filed January 19, 2018, 11:52 a.m.]

Following is the department of agriculture's semi-annual rules development agenda for the period of January 1 through June 30, 2018. This document is in compliance with RCW 34.05.314.

The department may undertake additional rule-making activity as conditions warrant. If you have questions regarding the department's rule-making agenda, please contact Henri Gonzales at 360-902-1802 or hgonzales@agr.wa.gov.

SEMI-ANNUAL RULES DEVELOPMENT AGENDA

January 1 – June 30, 2018


WAC Chapter	Rule Title or Subject	Agency Contact	Tentative Timeline
WAC Chapter	Rule Title or Subject	Agency Contact	CR-101 CR-105	CR-102	CR-103	Subject of Rule Making
New 16-131	Marijuana-infused edibles	Claudia Coles Food Safety and Consumer Services Division phone 206-321-1124 ccoles@agr.wa.gov	July 2017	December 2017	February 2018	Establishes in rule processing and licensing endorsement requirements for processors of marijuana-infused edibles; and a penalty schedule for violations as provided for in chapter 138, Laws of 2017.
New 16-161	Standards for the production of marijuana	Brenda Book Organic Program phone 360-902-2090 bbook@agr.wa.gov	October 2017	September 2018	November 2018	Establishes in rule standards for the production of marijuana that would be consistent with the requirements of the United States Department of Agriculture's (USDA) National Organic Program as provided for in chapter 317, Laws of 2017.
16-30	Restricted feedlots and restricted holding facilities	Jodi Jones Animal Services Division phone 360-902-1889 jjones@agr.wa.gov	June 2018	TBD	TBD	For category two restricted holding facilities: Removes the certificate of veterinary inspection exemption, allows for cattle to feed on grass, and removes the "no provision for grazing" statement. Includes additional audit and notification requirements for category one and category three facilities.
16-54	Animal importation	Jodi Jones Animal Services Division phone 360-902-1889 jjones@agr.wa.gov	June 2018	TBD	TBD	Removes the certificate of veterinary inspection exemption for category two restricted holding facilities.
16-86	Cattle and bison diseases in Washington state	Dr. Brian Joseph Animal Services Division phone 360-902-1881 bjoseph@agr.wa.gov	December 2017	July 2018	November 2018	Requires cattle to be individually identified with an official USDA radio-frequency identification (RFID) device when female cattle receive brucellosis vaccination and when bulls are sampled for trichomoniasis.
16-157	Organic food standards and certification	Brenda Book Organic Program phone 360-902-2090 bbook@agr.wa.gov	November 2017		January 2018	Eliminates specific mushroom production standard and updates reference to USDA organic regulations. Expedited.
16-157	Organic food standards and certification	Brenda Book Organic Program phone 360-902-2090 bbook@agr.wa.gov	February 2018	September 2018	November 2018	Modifies the fee schedules for producers, handlers, processors, and retailers; the hourly rate for additional evaluations; and the fee for export documents.
16-228	General pesticide rules	Kelle Davis Registration and Licensing Service phone 360-902-1851 kmdavis@agr.wa.gov	December 2017	March 2018	May 2018	Adds garlic grown for seed to the list of seed crops under WAC 16-228-1270 in order to allow the issuance of special local need registrations without residue data. Proposed in response to petition for rule making.
16-230	Use of chemicals and chemically treated materials in certain counties	Joel Kangiser Pesticide Compliance Program phone 360-902-2013 jkangiser@agr.wa.gov	March 2017	June 2018	November 2018	Updates and simplifies rules regarding use-restricted herbicides.
16-231	Use restricted herbicides	Joel Kangiser Pesticide Compliance Program phone 360-902-2013 jkangiser@agr.wa.gov	March 2017	June 2018	November 2018	Updates and simplifies rules regarding use-restricted herbicides.
16-232	Use restricted herbicides in certain counties	Joel Kangiser Pesticide Compliance Program phone 360-902-2013 jkangiser@agr.wa.gov	March 2017 and October 2017	June 2018	November 2018	Updates and simplifies rules regarding use-restricted herbicides; expands Area 1 in Kittitas County. Area 1 expansion proposed in response to petition for rule making.
16-250	Commercial feed rules	Claudia Coles Food Safety and Consumer Services Division phone 206-321-1124 ccoles@agr.wa.gov	April 2017	April 2018	May 2018	Adopts recent changes to federal regulations and the current Association of American Feed Control Officials (AAFCO) official publication regarding feed safety.
16-252	Commercial feed rules—Pet food and specialty pet food	Claudia Coles Food Safety and Consumer Services Division phone 206-321-1124 ccoles@agr.wa.gov	April 2017	April 2018	May 2018	Adopts recent changes to federal regulations and the current AAFCO official publication regarding feed safety.
16-301	General seed regulations	Victor Shaul Seed Inspection Program phone 509-249-6950 vshaul@agr.wa.gov	January 2018	March 2018	May 2018	Updates phytosanitary field inspection application due dates to reflect current industry practices.
16-302	General rules for seed certification	Victor Shaul Seed Inspection Program phone 509-249-6950 vshaul@agr.wa.gov	December 2017	March 2018	May 2018	Updates certification standards to reflect current industry practices. Proposed in response to petition for rule making.
16-303	Seed assessment, fees for seed services and seed certification	Victor Shaul Seed Inspection Program phone 509-249-6950 vshaul@agr.wa.gov	December 2017	March 2018	May 2018	Amends the fee schedule to reflect Washington State Crop Improvement Association audit process. Proposed in response to petition for rule making.
16-303	Seed assessment, fees for seed services and seed certification	Victor Shaul Seed Inspection Program phone 509-249-6950 vshaul@agr.wa.gov	TBD	TBD	TBD	Amends the fee schedule in order to recover the costs of providing service.
16-305	Industrial hemp research program	Victor Shaul Seed Inspection Program phone 509-249-6950 vshaul@agr.wa.gov	October 2017	April 2018	May 2018	Establishes in rule monetary penalties and other sanctions for violations of statutory or regulatory requirements as provided for in chapter 317, Laws of 2017.
16-326	Brassica seed production district	Victor Shaul Seed Inspection Program phone 509-249-6950 vshaul@agr.wa.gov	November 2017		January 2018	Revises WAC 16-326-020 to update contact information for WSU. Proposed in response to petition for rule making. Expedited.
16-470	Quarantine—Agricultural pests	Dr. Jim Marra Pest Program phone 360-902-2071 jmarra@agr.wa.gov	November 2017	June 2018	October 2018	Amends the apple maggot quarantine by restricting potted apple maggot host plants with fruit from moving into a pest-free area from an apple maggot quarantine area. Proposed in response to petition for rule making.
16-529	Washington alfalfa seed commission	Teresa Norman Administrative Regulations Program phone 360-902-2043 tnorman@agr.wa.gov	N/A	January 2018	March 2018	Modifies provisions of the Washington alfalfa seed commission's marketing order regarding public records disclosure.
16-540	Mint	Teresa Norman Administrative Regulations Program phone 360-902-2043 tnorman@agr.wa.gov	N/A	January 2018	March 2018	Modifies provisions of the Washington mint commission's marketing order regarding public records disclosure.
16-545	Turfgrass seed commission	Teresa Norman Administrative Regulations Program phone 360-902-2043 tnorman@agr.wa.gov	N/A	January 2018	March 2018	Modifies provisions of the Washington turfgrass seed commission's marketing order regarding public records disclosure.
16-555	Washington strawberry commission	Teresa Norman Administrative Regulations Program phone 360-902-2043 tnorman@agr.wa.gov	N/A	June 2017	TBD	Repeals the Washington strawberry commission's marketing order and terminates the commission.
16-573	Oilseeds commission	Teresa Norman Administrative Regulations Program phone 360-902-2043 tnorman@agr.wa.gov	N/A	January 2018	March 2018	Modifies provisions of the Washington oilseeds commission's marketing order regarding public records disclosure.
16-604	Public livestock markets—Health, facilities, and sanitation	Dr. Brian Joseph Animal Services Division phone 360-902-1881 bjoseph@agr.wa.gov	December 2017	July 2018	November 2018	Requires individual official USDA RFID devices on all sexually intact cattle and bison over eighteen months of age and also requires public livestock markets to maintain records for an additional four years to align with federal requirements.
16-662	Weights and measures—National handbooks and retail sale of motor fuel	Jerry Buendel Weights and Measures Program phone 360-902-1856 jbuendel@agr.wa.gov	February 2018	April 2018	September 2018	Adopts the 2018 version of multiple National Institute of Standards and Technology handbooks; establishes a civil penalty matrix for violations of chapters 19.94 and 15.80 RCW; and modifies and incorporates sections of chapters 16-663 and 16-674 WAC.
16-663	Service agents—Reporting, test procedures, standards and calibration of weighing and measuring devices	Jerry Buendel Weights and Measures Program phone 360-902-1856 jbuendel@agr.wa.gov	February 2018	April 2018	September 2018	Modifies and incorporates relevant sections into chapter 16-662 WAC and repeals chapter.
16-674	Weights and measures—Exemptions, weighmasters and device registration	Jerry Buendel Weights and Measures Program phone 360-902-1856 jbuendel@agr.wa.gov	February 2018	April 2018	September 2018	Modifies and incorporates relevant sections into chapter 16-662 WAC and repeals chapter.

Henri Gonzales

Rules Coordinator