WSR 26-01-180

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[Filed December 23, 2025, 8:26 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 24-10-035.

Title of Rule and Other Identifying Information: Chapter 16-470 WAC, Quarantine—Agricultural pests. As a result of a petition for rule making, the department of agriculture (WSDA) is proposing expanding the apple maggot quarantine area in Okanogan County.

Hearing Location(s): On February 10, 2026, at 1:00 p.m., via Microsoft Teams conference call. Join on your computer, mobile app, or room device at https://gcc02.safelinks.protection.outlook.com/ap/t-59584e83/?url=https%3A%2F%2Fteams.microsoft.com%2Fl%2Fmeetup-join%2F19%253ameeting_ZTk4NGYwNTAtN2UzYS00NzIzLWJiZDMtNDc0OThiMTgyNDgx%2540thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%252211d0e217-264e-400a-8ba0-57dcc127d72d%2522%252c%2522Oid%2522%253a%2522838c55c7-c187-44ae-8de0-2be684ce5d4a%2522%257d&data=05%7C02%7CAClow%40agr.wa.gov%7C896fc6e0e47a4ff8431308de31243332%7C11d0e217264e400a8ba057dcc127d72d%7C0%7C0%7C639002228700400438%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=dcYd%2FZekM%2BpVFRLKJoV%2FfBzvaNnRIhCuhg1gT7r4P0E%3D&reserved=0, Meeting ID 221 965 183 857 62, Passcode tK7yL235; or dial in by phone +1 564-999-2000,,894044767#, Conference ID 894 044 767#.

Date of Intended Adoption: February 17, 2026.

Submit Written Comments to: Gloriann Robinson, Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, email wsdarulescomments@agr.wa.gov, fax 360-902-2092, by 5:00 p.m. on February 10, 2026.

Assistance for Persons with Disabilities: Contact Amy Clow, phone 360-902-2041, TTY 800-833-6388, email aclow@agr.wa.gov, by February 3, 2026.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: As a result of a recommendation by a subcommittee of the apple maggot working group, WSDA is proposing to expand the quarantine area in Okanogan County. Recent apple maggot surveys provide evidence that the state's apple maggot population has expanded its range into pest-free areas of the county. Changes to the existing rule may better protect the environment and agricultural crops of the state by slowing possible movements of apple maggot from infested areas into the pest-free area, and by securing access to international and interstate markets.

Reasons Supporting Proposal: The apple maggot is an invasive insect pest native to eastern North America. Its hosts include apple, crabapple, and native and ornamental hawthorn. During the larval stage, apple maggot can cause extensive damage to fruit. It is also economically significant to Washington's apple industry because fruit from the pest-free areas has greater access to international markets.

Statutory Authority for Adoption: RCW 17.24.011 and 17.24.041.

Statute Being Implemented: Chapter 17.24 RCW.

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

Name of Proponent: The apple maggot working group, which consists of industry representatives, county pest boards, and WSDA staff, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Sven-Erik Spichiger, P.O. Box 42560, Olympia, WA 98504-2560, 360-280-6327.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. WSDA is not a listed agency under RCW 34.05.328 (5)(a)(i).

The proposed rule does impose more-than-minor costs on businesses.

Chapter 16-470 WAC

Apple Maggot Quarantine

Brief History: WSDA is proposing to expand the apple maggot quarantine to protect the state's apple industry from this invasive pest. Apple maggots, first detected in Washington in the 1980s, threaten fruit crops by spreading through infested fruit and waste. The need for an apple maggot quarantine in Okanogan County arose due to the detection of the apple maggot fruit fly (Rhagoletis pomonella) throughout the area and aims to restrict the movement of fruit, soil, and municipal waste from within the quarantine boundary to pest-free areas outside of it.

In 2017, WSDA identified several areas in Okanogan County showing signs of a reproducing apple maggot population. In 2018, a quarantine was established in the Methow Valley in Okanogan County. Later, in 2020, following further surveying efforts by WSDA, it was proposed that the entire county be quarantined due to the widespread detection of apple maggot. However, through the efforts of the Tri-County Pest Control Board and an accompanying task force, the impact was significantly minimized by removing host material and treating specific sites of concern.

Lastly, throughout 2020 and 2021, the assembled task force continued its treatment and mitigation efforts at various sites. As a result, the quarantine boundaries remained unchanged in 2022, but ongoing efforts remained in motion to address the apple maggot issue, particularly along the riparian areas where host material could not be easily removed.

Why the Rule is Needed: In 2024, an expansion of the existing apple maggot quarantine is now essential for several reasons:

Spread Prevention of Apple Maggot: The primary purpose of the proposed rule is to immediately and effectively prevent the spread of the apple maggot into pest-free areas of the state. This effort is critical for maintaining the health and economic viability of fruit production in Washington state. The quarantine regulates the movement of homegrown fruit, soil, municipal solid waste, and municipal green waste, as these all can be hosts for apple maggot. Beyond apples, other regulated fruits include cherries, hawthorns, pears, plums, prunes, and quinces.

Economic Impact/Viability: Washington state produces upwards of 60 percent of all United States apples, contributing over $7 billion annually to the state economy. A widespread infestation of apple maggot could result in losses between $510 - $557 million and jeopardize export markets. The prevention of this pest spreading through expanded quarantine measures protects the $7 billion apple industry and the ~38,000 jobs it supports.

Additionally, the expanded quarantine serves as a measure to protect export markets. Infested fruit is unsuitable for export, risking losses of hundreds of millions of dollars and ~3,000 jobs in export-dependent sectors.

Lastly, the proposed rule serves to both promote and sustain organic production which is often considered a high-value segment within Washington state.

Probable Compliance Requirements and/or Professional Services Needed:

Waste Origin Tracking and Segregation: Under the proposed quarantine, the waste disposal company (WDC) operating in the proposed quarantine area would need to apply for a WSDA special permit for waste transport from a quarantine area into a pest-free area. This would allow WDC to continue transporting waste to the Ellisforde Transfer Station. WDC could apply for a municipal solid waste (MSW) special permit, allowing for the movement of solid waste only or they could apply for a municipal green waste (MGW) special permit, allowing for the movement of green waste. Compliance requirements for each permit differ. MSW special permit requirements include the segregation of solid waste from green waste, with the green waste staying within the quarantined area. MGW special permit requirements include heat treating green waste prior to transport into a pest-free area, to disinfest the waste from any apple maggot contained within. The below examples (a. - d.) outline compliance requirements for the MSW special permit. Depending on which permit is issued to WDC, the compliance requirements will differ. WSDA has had conversations with WDC about what will be required to comply with the proposed quarantine. WDC has indicated they would apply for an MSW special permit. Additionally, they stated they would likely require residents inside the proposed quarantine area to dispose of organic waste on site, rather than setting up an area for collection. The compliance requirements outlined below examine all options, rather than just focusing on what WDC has indicated they will do.

a. Documentation Procedures - Implementing a digital or enhanced paper-based tracking system is necessary. This system may involve one or more of the following:

b. Collection Site for Organic Waste - WDC has stated that they do not anticipate collecting organic waste under the proposed quarantine; however, if they chose to do so, they would need to establish a central collection location inside the proposed quarantine area. This would allow residents in the quarantine area to drop off organic waste. WDC would not be able to transport the waste outside of the quarantine area. From discussions with WDC, a majority of residents in the area already compost or burn organic waste on site, making it unnecessary for them to set up a collection site in the proposed quarantine area.

c. Employee Training - All employees involved in waste handling, receiving, and processing will need to be trained on proper identification, documentation, and segregation procedures.

d. Customer Education Campaign - WDC will need to inform customers on changes to their waste collection services resulting from apple maggot quarantine restrictions. The following are identified potential objectives of such a campaign:

General Restriction on Organic Waste Movement from Quarantined Area: The proposed rule prohibits the movement of "regulated articles" from within the quarantined area to outside the quarantined area (defined as pest-free areas). To prepare for this restriction, WDC needs to have a procedure for separating organic waste from solid waste or heat treating organic waste within the quarantined area if they intend on transporting it into the pest-free area.

Core Compliance Requirements (FOR ORCHARDS WITHIN QUARANTINE, INCLUDING BOTH COMMERCIAL OPERATIONS AND INDIVIDUAL FARM STAND/U-PICK SELLERS): Orchards operating within the proposed quarantine must comply with the following rule requirements as they govern the movement of fruit from quarantined to pest-free areas within Washington state. Noncompliance risks introducing apple maggot larva into eastern Washington's commercial growing regions. Therefore, compliance with intrastate shipment regulations is intended to:

Below is a table detailing the core compliance requirements for an orchard operating within the proposed apple maggot quarantine area, along with the applicable WAC and RCW statutes:

Core Compliance Requirements (FOR NURSERIES, LANDSCAPING, GARDEN CENTERS, WASTE FACILITIES, AND TRANSPORTERS): The apple maggot quarantine imposes a set of core compliance requirements on a range of industries, including nurseries, landscaping, garden centers, waste facilities, and transporters, operating within or near the proposed quarantine area.

For nurseries and plant sellers, any host plant (or nonhost plant grown under the drip line of a fruiting host) with soil or growing medium may not be moved from the quarantine area into pest-free areas unless accompanied by a phytosanitary certificate. The certificate must verify that the plant has not fruited, was not grown under a fruiting host, originated from a pest-free area, or that the soil/growing medium has been appropriately treated prior to shipping. Bare-root plants and nonhost plants grown away from host plants are generally exempt, but documentation and careful recordkeeping are essential.

The overall importance of this proposed apple maggot quarantine lies in protecting Washington's commercial fruit industry, valued at billions of dollars annually, as well as home gardens and native habitats, by containing the apple maggot and preventing its establishment in pest-free regions. Strict compliance helps maintain market access, reduces the risk of costly pest outbreaks, and supports the long-term sustainability of diverse agricultural and horticultural businesses.

*Data source: 2021 Employment Security Department

**Data source: 2021 Department of Revenue

±Data source: 2021 Quarterly Census of Employment and Wages (Bureau of Labor Statistics)

SECTION 3:Analyze the probable cost of compliance. Identify the probable costs to comply with the proposed rule, including: Cost of equipment, supplies, labor, professional services, and increased administrative costs; and whether compliance with the proposed rule will cause businesses to lose sales or revenue: The following tables, 3.1 - 3.6, list potential cost scenarios that WDC and orchards may experience, depending on how they choose to comply with the quarantine:

The following table, Table 3.6, lists potential cost categories that an orchard may come to expect should they have operations within the proposed apple maggot quarantine.

The preceding tables provide a comprehensive overview of the potential costs and operational requirements that an orchard may encounter when operating within the apple maggot quarantine area. Each line item identifies a specific compliance obligation, estimated cost ranges, and the key implications for orchard operations.

It is important to emphasize that these tables are intended as a reference tool only. The actual costs incurred by any individual orchard will vary significantly based on a range of business-specific factors including, but not limited to:

In conclusion, while these tables offer an overview of potential costs and compliance considerations related to apple maggot quarantine areas, it is intended to serve as a general guide rather than a definitive cost projection. Orchard operators and waste disposal companies are encouraged to use this information as a foundation for further analysis, taking into account their own operational scale, resources, and business strategies.

SECTION 4:Analyze whether the proposed rule may impose more-than-minor costs on businesses in the industry: Under RCW 19.85.020(2), the minor cost threshold is defined as the cost per business that is less than three-tenths of one percent of annual revenue or income, whichever is greater, or one percent of annual payroll.

If the annual cost of complying with a regulation is higher than either of these thresholds, it's considered a "more-than-minor" cost. This triggers requirements for more detailed economic impact analysis and consideration of ways to reduce the burden on small businesses.

Based on the available cost estimates and industry data, the annual compliance costs associated with the proposed apple maggot quarantine are expected to exceed the minor cost threshold defined in RCW 19.85.020 for WDC servicing the proposed quarantine area. For this company, the minor cost thresholds are calculated as $2,500 based on payroll and $3,000 based on annual revenue, while segregation labor alone may result in compliance costs ranging from $62,000 - $125,000 annually, well above either threshold. These requirement levels trigger an obligation for detailed economic impact analysis, as well as consideration of less burdensome alternatives for affected small businesses.

These compliance costs are especially significant for small businesses, such as WDC analyzed here, which operates with a limited workforce and relatively modest annual revenue compared to larger industry participants. The cost of labor for segregation, equipment rental or purchase, and administrative reporting collectively account for more-than-minor impacts, as established by state law. Accordingly, adoption of the proposed rule would require WDC to undertake substantial new operational and financial responsibilities, outpacing the thresholds designed to protect small businesses from disproportionate regulatory burdens.

Additionally, and based on the most recent available data and cost estimates, it is likely that the annual compliance costs associated with the proposed apple maggot quarantine, estimated at approximately $17,400 per orchard, will exceed the "minor cost threshold" as defined in RCW 19.85.020 for both NAICS 111331 Apple Orchards and NAICS 111339 Other Noncitrus Fruit Farming. The applicable thresholds are $9,820.23 for Apple Orchards and $2,941.04 for Other Noncitrus Fruit Farming. As such, orchards required to comply with the proposed rule would experience more-than-minor costs, triggering requirements for detailed economic impact analysis and consideration of less burdensome alternatives.

It should be noted that the burden of compliance will not be uniform across all orchards. Larger orchards, though still under 50 employees, may realize lower per-unit costs due to economies of scale and operational flexibility, while smaller operations are more likely to experience higher relative costs. The actual cost incurred by each orchard will depend on various business-specific factors, including operational scale, market access, existing infrastructure, and the ability to integrate new compliance measures efficiently.

In conclusion, the proposed rule, if adopted, is expected to impose compliance costs on orchards operating within the quarantine area that exceed the established minor cost threshold under state law.

SECTION 5: Determine whether the proposed rule may have a disproportionate impact on small businesses as compared to the 10 percent of businesses that are the largest businesses required to comply with the proposed rule: RCW 19.85.040(1) requires WSDA to compare the cost of compliance for small businesses with the cost of compliance for the 10 percent of businesses that are the largest businesses required to comply with the proposed rules using one or more of the following as a basis for comparing costs: (a) Cost per employee; (b) cost per hour of labor; or (c) cost per one hundred dollars of sales.

The proposed apple maggot quarantine would impose significant costs on WDC servicing the proposed quarantine area. Given WDC's classification as a small business, that is, an entity with less than 50 employees, the financial and operational burdens created by the proposed rule would disproportionately impact it compared to larger businesses that may be subject to similar regulations elsewhere.

Below is a tailored analysis considering both the disproportionate impact and the unique circumstance of WDC being the only business affected:

a. Revenue: WDC's annual revenue is estimated to be between $300,000 - $1 million, far below the revenue of large waste management businesses, which often exceed $10 million annually.

b. Employee Count: WDC is reported to only employ five staff members, whereas larger waste management companies typically employ hundreds of workers across multiple facilities.

c. Operational Scale: WDC operates locally within Okanogan County, serving a rural community, whereas larger businesses often benefit from economies of scale and diversified operations across multiple regions.

Proposed Rule Costs: The costs associated with compliance under the proposed rule:

a. Labor for segregation: Estimated at $62,000 - $125,000/year.

b. Additional bins or containers: Estimated at $10,000 - $20,000 per or per diem rental fees. This cost only applies if WDC elects to have separate bins for organic waste. WDC has told WSDA they do not intend to take this approach.

a. Fuel, labor, and truck maintenance for hauling bins within quarantine areas: Estimated at ~$8,500/year. This cost only applies if WDC decides to service organic waste bins within the proposed quarantine area. WDC has told WSDA they do not intend to take this approach.

3. Treatment Costs - Costs under this category only apply if WDC elects to apply for an MGW special permit. WDC has informed WSDA that they do not intend to take this approach.

a. Grinding/shredding equipment: Estimated at ~$50,000 - $150,000 upfront; $5,000+ annual maintenance or per diem rental fees.

b. Heat treatment systems: $33,000 upfront; $10,000 annual operational costs or per diem rental fees.

a. Permitting fees: $125 every five years.

b. Recordkeeping and audits: $500 - $1,000 per audit; administrative labor adds recurring costs.

Comparison to Large Businesses (>50 Employees): For larger waste management companies:

1. These costs represent a small percentage of their annual revenue due to their scale (i.e., $10 million revenue v. WDC's $300,000 - $1 million).

2. Larger companies often already have infrastructure (i.e., advanced treatment systems) and administrative capacity to absorb compliance costs without major disruptions.

Economies of scale allow larger businesses to spread costs across multiple facilities and customers.

1. Compliance costs could exceed 15-30 percent of its annual revenue, creating significant financial strain.

2. With only five employees, WDC lacks the workforce to absorb additional labor demands without hiring temporary workers or overburdening existing staff.

3. Upfront investments in equipment ($50,000+) are likely unaffordable for a business with limited cash flow.

Therefore, the proposed apple maggot quarantine disproportionately impacts small businesses like WDC due to its limited revenue base (~$300,000 - $1 million), small workforce (five employees), and inability to spread compliance costs across diversified operations. While large businesses may absorb similar regulatory requirements without major disruptions, this WDC instead faces disproportionate impacts as a small business.

Further, WSDA's outreach efforts showed that the proposed rule does not encompass any "large" businesses as defined under statute and, more notably, lacks inclusion of the largest 10 percent of businesses which would be required to comply with the proposed rule. Given the absence of large businesses within the quarantine boundaries, it remains indeterminable and inconclusive whether compliance obligations imposed by the proposed rule will disproportionately impact small businesses, namely the orchards operating under NAICS codes 111331 and 111339.

Despite not having any "large" businesses identified within the proposed quarantine area, the following orchard analysis considers both the disproportionate impact and unique circumstances of being just one of a few operating within the boundary limits:

1. Size and Revenue: The majority of affected orchards and noncitrus fruit farms within the quarantine area are small businesses, typically with fewer than 50 employees. According to recent industry data, the average annual revenue per orchard in Washington state is estimated between $250,000 and $1 million, with larger consolidated operations reaching multi-million dollar revenues but not present within this quarantine boundary.

2. Operational Model: These farms rely heavily on local, regional, and export markets, with Washington's apple industry generating approximately $6 billion annually statewide. Smaller farms face rising operational costs, including labor which can represent up to 60 percent of expenses, making absorption of new regulatory costs particularly challenging.

Proposed Rule Costs:

1. Estimated Compliance Costs: Compliance actions such as regular pest monitoring (estimated at $20 to $50 per acre annually), mandatory cold storage treatments if apple maggot is detected (costing $30 to $60 per acre per application), and recordkeeping ($10 to $25 per acre annually) collectively represent a substantial cost burden. For a typical small orchard, these recurring annual costs can total approximately $17,000 to $22,000 or more depending on acreage and infestation level.

2. Additional Costs: Public outreach, employee training, and possible inspection delays, estimated between $50 and $500 per event depending on scale, further increase the financial impact. These costs include labor hours for compliance documentation and possible fruit treatment or destruction costs if apple maggot presence is confirmed.

1. Lack of Large-Scale Orchards Within Quarantine: No large orchards or integrated fruit farming conglomerates are located within the quarantine boundaries. Larger businesses, which benefit from economies of scale, are typically better equipped to distribute fixed compliance costs across extensive production volumes.

2. Economies of Scale: Larger operations enjoy a spread of costs over greater production, mitigating the relative financial impact per unit of output. Smaller orchards, by contrast, bear a disproportionately higher per-acre or per-bin cost share, exacerbating economic strain.

1. Exceeding Minor Cost Thresholds: The minor cost threshold for apple orchards under NAICS 111331 is approximately $9,820 annually. With estimated compliance costs reaching upwards of $17,000 annually per orchard, the proposed rule imposes more-than-minor costs clearly exceeding statutory thresholds.

2. Operational and Labor Strains: Small orchards' limited labor pool faces additional burden from monitoring, treatment application, recordkeeping, and communication duties. Increased regulatory overhead is a financial and operational challenge amidst the competitive apple market where prices have remained stagnant or declined relative to rising costs.

3. Regulatory Necessity and Limited Relief Options: Despite the disproportionate financial burden on small orchard operators, these measures are essential to prevent the spread of apple maggot, which threatens over $6 billion in state apple production and associated jobs. Given the critical nature of this pest control effort, few practical alternatives exist to mitigate the costs without jeopardizing long-term industry viability.

Although no large businesses were identified within the quarantine area for Apple Orchards (NAICS 111331), Other Noncitrus Fruit Farming (NAICS 111339), or for WDCs, the structure and magnitude of regulatory costs under the proposed rule create a clear and substantial disproportionate impact on small businesses compared to the largest businesses that would otherwise be required to comply. Larger businesses typically have greater financial, operational, and administrative resources to spread compliance costs across higher revenues, more employees, and diversified operations. In contrast, small orchards and WDC operate with fewer than 50 employees and annual revenues that can be several orders of magnitude smaller, making even moderate regulatory costs significant in relation to their operating budgets.

For small orchards and noncitrus farming operations, estimated annual compliance costs, ranging from $15,000 to $20,000 per year, can represent a sizable portion of their annual revenue, often exceeding two to seven percent depending on business size, and far surpass the statutory "minor cost threshold" for their industry codes. Similarly, annual compliance costs for WDC, particularly for segregation labor, can reach $50,000 to $125,000, easily exceeding thresholds tied to both payroll and revenue. If large businesses were within the affected area, such costs would likely constitute a much smaller percentage of their total resources and have less impact on business viability.

Therefore, even in the absence of large businesses subject to the proposed rule within the current quarantine boundary, it is evident that the proportional burden imposed on small businesses is far greater than it would be for the 10 percent of the largest businesses required to comply.

SECTION 6:If the proposed rule has a disproportionate impact on small businesses, identify the steps taken to reduce the costs of the rule on small businesses. If the costs cannot be reduced provide a clear explanation of why: The proposed apple maggot quarantine rule is a statutory obligation under Washington state law to protect the state's agricultural resources, forests, and ecosystems from invasive pests such as the apple maggot. WSDA is mandated to prioritize prevention, containment, and eradication efforts to safeguard these vital resources. While the proposed rule imposes significant costs on WDC and the few orchards identified within the proposed quarantine area, reducing these compliance costs would compromise WSDA's ability to fulfill its legal and ecological responsibilities.

The compliance measures imposed by this rule, segregation of waste, transportation restrictions, treatment requirements, etc., are critical components of WSDA's prevention strategy. Reducing or eliminating these costs would significantly undermine the effectiveness of these measures.

While these unavoidable costs are significant for orchards and waste disposal companies as small businesses, they are necessary to prevent far greater economic and ecological harm caused by pest infestations. Additionally, WSDA can assist these businesses through outreach programs, but cannot reduce compliance requirements without compromising its legal responsibilities.

RCW 19.85.030(2) requires consideration of the following methods of reducing the impact of the proposed amendment on small businesses:

(a) Reducing, modifying, or eliminating substantive regulatory requirements: WSDA faces significant constraints in reducing, modifying, or eliminating substantive regulatory requirements for the proposed apple maggot quarantine rule. While flexibility in environmental regulation is sometimes possible under Washington law, WSDA's statutory obligations to protect the state's agricultural resources, forests, and ecosystems from invasive pests like the apple maggot rarely allows for substantive modifications without compromising its effectiveness.

As such, WSDA has determined that it is unable to reduce, modify, or eliminate substantive regulatory requirements.

(b) Simplifying, reducing, or eliminating recordkeeping and reporting requirements: WSDA is statutorily obligated to enforce strict recordkeeping and reporting requirements under the proposed apple maggot quarantine rule. These requirements are critical for ensuring compliance, tracking regulated materials, and preventing the spread of invasive pests into pest-free areas of Washington.

While recordkeeping may impose administrative burdens on affected businesses like WDC, these obligations are essential to the integrity of the quarantine program and WSDA has determined that it cannot be simplified, reduced, or eliminated without compromising its overall effectiveness.

(c) Reducing the frequency of inspections: WSDA is statutorily obligated to prevent the spread of invasive pests like the apple maggot. Inspections are a cornerstone of WSDA's quarantine programs, ensuring compliance with treatment protocols, verifying pest-free areas, and maintaining the integrity of quarantine boundaries. Reducing the frequency of inspections would undermine the effectiveness of the program and jeopardize WSDA's ability to fulfill its statutory responsibilities.

(d) Delaying compliance timetables: WSDA has determined that it is unable to delay compliance timetables for this proposed rule due to its statutory obligations. The apple maggot poses a significant threat to the state's ~$2.4 billion apple industry and other fruit crops, and delaying compliance would increase the risk of pest spread from quarantined areas into pest-free areas.

(e) Reducing or modifying fine schedules for noncompliance: Due to its statutory obligations, WSDA determined that it is unable to reduce or modify its fine schedules for noncompliance. The fine schedules associated with violations are designed to deter actions that could lead to the spread of this invasive pest and consequently threaten the state's apple industry and other crops.

(f) Any other mitigation techniques including those suggested by small businesses or small business advocates: WSDA met with Okanogan County solid waste on multiple occasions to discuss the proposed quarantine boundary and its impact on the waste system in the area. Speaking to the county gave WSDA a better understanding of how the proposed rule could impact the waste industry in the area. Based on these conversations and recommendations from the county, WSDA altered the quarantine boundary so it would greatly reduce the impact to the waste industry in the area. This directly impacted WDC, as they are the waste hauler that services the area inside of the proposed quarantine.

SECTION 7:Describe how small businesses were involved in the development of the proposed rule: WSDA has actively communicated with key stakeholders, including waste disposal companies and county officials, to understand potential impacts and incorporate practical recommendations where possible. Although efforts were made to engage small businesses (including that of WDC and impacted orchards/noncitrus fruit farms) and mitigate impacts, the critical nature of this quarantine limits WSDA's ability to reduce substantive regulatory requirements without compromising effectiveness. Compliance is mandatory, but is also accompanied by support and information campaigns to assist affected businesses.

Because WSDA recognizes the importance of engaging small businesses in the development of regulatory measures, WSDA communicated with WDC about the impacts the proposed rule would have on their operations. WDC conveyed the steps they would take to comply with the proposed rule. Additionally, WSDA communicated with Okanogan County solid waste. Through this communication, WSDA worked with the county to better understand how the proposed rule may impact the waste industry in the area, specifically this WDC, and followed some recommendations proposed by the county regarding the quarantine boundary. Overall, this helped reduce the potential impact of the quarantine on the waste industry in the area.

SECTION 8: Identify the estimated number of jobs that will be created or lost as the result of compliance with the proposed rule: The proposed apple maggot quarantine introduces regulatory requirements that could have significant implications for the workforce at WDC and impacted orchards. These implications depend on how both the orchards and WDC adapt to the new compliance measures, which include waste segregation, transportation restrictions, and other operational adjustments. Examples are shown below:

1. Increased Labor Needs for Compliance: The proposed rule mandates strict segregation of MGW from MSW, as well as treatment of organic materials to prevent the spread of apple maggots. These requirements could lead to job creation through the following:

a. Segregation Staff

b. Treatment Operations - WDC has communicated that they do not intend to pursue this option.

c. Administrative Roles

d. Customer Education

1. Increased Operational Costs: The compliance costs associated with the apple maggot quarantine rule are substantial for a small business like WDC, which has an annual revenue ranging from $300,000 - $1 million and employs five staff members.

a. Labor Costs

b. Equipment Investments - WDC has communicated that they do not intend to pursue this option.

c. Transportation Costs - WDC has communicated that they do not intend to pursue this option.

Additionally, while the proposed apple maggot quarantine rule does not explicitly mandate job creation or job elimination, the regulatory requirements associated with compliance could indirectly influence employment levels within affected orchards and noncitrus fruit farming operations.

Possible Job Creation for Orchards/Noncitrus Fruit Farming: Compliance with the proposed rule may lead to increased labor demand in several areas:

1. Sanitation and Pest Control: If apple maggots are detected, additional labor may be necessary to apply pesticide treatments, remove infested fruit or trees, and implement enhanced sanitation measures to contain and eradicate pest populations.

2. Recordkeeping and Compliance Management: Maintaining detailed records of fruit movement, treatment applications, and inspection results may necessitate hiring or reallocating administrative staff to ensure regulatory compliance.

3. Customer and Visitor Education: Orchards with public-facing operations, such as farm stands and u-pick facilities, might need employees to educate customers on quarantine rules and proper fruit handling to avoid pest spread.

These increased labor needs could generate new seasonal or permanent job opportunities within affected farming operations, particularly for smaller orchards expanding their compliance capacity.

Possible Job Elimination for Orchards/Noncitrus Fruit Farming: Conversely, the proposed rule may lead to employment reductions or constraints under certain circumstances:

1. Increased Operational Costs: Compliance costs, including pesticide applications, monitoring, inspections, and recordkeeping, may strain the financial resources of smaller orchards. If these costs become unsustainable, some operators may reduce labor hours, delay or cancel hiring plans, or possibly downsize their workforce.

2. Operational Efficiency Challenges: The additional labor requirements and administrative burdens might divert resources from other productive activities, potentially leading to workforce reductions in noncompliance roles.

3. Market Access and Revenue Impacts: If compliance costs indirectly reduce profitability, particularly for operations facing strong market competition or price pressures, workforce reductions could occur as a business adjustment.

Net Employment Impact for Orchards/Noncitrus Fruit Farming: The ultimate impact on job levels within orchards and noncitrus fruit farms will depend on factors such as:

1. The scale of the orchard business and its ability to absorb or offset compliance costs.

2. The degree of apple maggot detection and consequent need for intensified control efforts.

3. Market conditions and profitability dynamics affecting individual growers.

4. Adoption of new technologies or operational adjustments that may improve compliance efficiency over time.

While the rule itself does not directly mandate employment changes, the compliance-related activities it requires have the potential to both create and eliminate jobs, with the net effect varying among operations.

National Plant Board (Transport Restrictions). (2024). Washington Summary of Exterior Quarantines.

Washington Policy Center (Lost Market Opportunities). (2025). Violating the Apple Maggot Quarantine is Dangerous for Fruit Growers.

James, R., & Smith, L. (2018). Economic Impact of Pest Infestation on Apple Production. Horticulture Technology. Economic Impact of a Potential Expansion of Pest Infestation: Apple Maggot in Washington State in: HortTechnology Volume 28: Issue 5 | ASHS.

Gallardo, K. et al. (2019). Economic Impact of Apple Maggot Infestation in Washington [PDF]. Washington Tree Fruit Research Commission. Apple Maggot - CONTINUING PROJECT REPORT.

Hong, Y. A., Gallardo, R. K., Fan, X., Atallah, S., & Gómez, M. I. (2019). Phytosanitary Regulation on Washington Apple Producers under an Apple Maggot Quarantine Program. Journal of Agricultural and Resource Economics. JARE, 44.3, Sept2019, #11, Hong, 646-663.pdf

Australian Department of Agriculture, Fisheries and Forestry. (2022). Final Report for the Review of Biosecurity Import Requirements for Pacific Northwest Apples. Final report for the review of biosecurity import requirements for fresh apple fruit from the Pacific Northwest states of the United States of America.

Washington Ecology. (2024, Nov 18). Washington's Organics Management Law Ramps Up Business Requirements for 2025.Washington's organics management law ramps up business requirements for 2025 - Washington State Department of Ecology.

Gallardo, K. et al. (2025). "2024 Apple Costs and Returns Production Studies." Washington State University Extension. 2024 Apple Costs and Returns Production Studies | WSU Tree Fruit | Washington State University.

The public may obtain a copy of the small business economic impact statement or the detailed cost calculations by contacting Gloriann Robinson, Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, phone 360-902-1802, fax 360-902-2092, TTY 800-833-6388, email wsdarulescomments@agr.wa.gov.

December 22, 2025

Alison Halpern

Acting Assistant Director

RDS-6835.1