AN
ACT Relating to planting stock certification; amending RCW 15.14.010,
15.14.030, 15.14.070, 15.14.050, 15.14.110, 15.14.120, 15.14.040, 15.14.140,
15.14.130, and 15.13.470; adding new sections to chapter 15.14 RCW; creating a
new section; recodifying RCW 15.14.010, 15.14.030, 15.14.070, 15.14.050,
15.14.110, 15.14.120, 15.14.040, 15.14.140, 15.14.150, 15.14.130, 15.14.900,
and 15.14.920; decodifying RCW 15.14.910; and repealing RCW 15.14.020,
15.14.060, 15.14.080, 15.14.100, 15.69.010, 15.69.020, 15.69.030, and
15.69.040.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
15.14.010 and 1989 c 354 s 84 are each amended to read as follows:
((For
the purpose of this chapter:)) The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1)
"Department" means the department of agriculture of the state of
Washington.
(2)
"Director" means the director of the department or ((his duly
appointed representative)) the director's designee.
(3)
"Person" means ((a natural person,)) an individual, ((or))
firm, partnership, corporation, company, ((society and)) association,
or public entity and every officer, agent, or employee ((thereof.
This term shall import either the singular or plural, as the case may be)) of
these entities.
(4)
"Plant pests" means, but is not limited to, any living stage of any
insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate
animals, bacteria, fungi, other parasitic plants or weeds or reproductive
parts thereof, viruses or any organisms similar to or allied with any of the
foregoing, or any infectious substance, which can directly or indirectly injure
or cause disease or damage to any plant or parts thereof, or any processed,
manufactured, or other products of plants.
(5)
(("Plant propagating stock" hereinafter referred to as)) "Micropropagated
plants" means plants propagated using aseptic laboratory techniques and an
artificial culture medium.
(6)
"Tolerance" means the maximum acceptable percentage of planting stock
that is diseased, infected by plant pests, defective, or off-type based on
visual inspection or laboratory testing by the director or other authorized
person.
(7)
"Planting stock" includes any ((propagating)) plant
material((s)) used ((for the production or processing)) in the
propagation of horticultural, floricultural, viticultural, or
olericultural plants for the purpose of being sold, offered for sale, or
((exposed for sale)) distributed for planting or reproduction
purposes((: PROVIDED, That it shall not include agricultural and vegetable
seeds as defined in RCW 15.49.011.
(6)
"Certified plant stock" means the progeny of foundation, registered
or certified plant stock if designated foundation and plant propagating materials
that are so handled as to maintain satisfactory genetic identity and purity and
have met certification standards required by this chapter and have been
approved and certified by the director.
(7)
"Foundation planting stock" means plant stock propagating materials
that are increased from breeder or designated plant stock and are so handled as
to most nearly maintain specific genetic identity and purity. Foundation plant
stock, established by designation shall be that plant stock so designated by
the director.
(8)
"Breeder planting stock" means plant propagating materials directly
controlled by the originating or in certain cases the sponsoring plant breeder
or institution, which may include the department and which provides the source
of the foundation plant stock.
(9)
"Registered planting stock" means the progeny of foundation or
registered planting stock or plant propagating material that is so handled as
to maintain satisfactory genetic identity and purity and that has been approved
and certified by the director.
This
class of planting stock shall be of a quality suitable for the production of
certified planting stock)).
(8)
"Breeder planting stock" means plant propagating materials directly
controlled by the originating or sponsoring plant breeder or institution, which
provides the source of foundation planting stock.
(9)
"Foundation planting stock" means planting stock that has been so
handled as to maintain genetic characteristics and that has been:
(a)
Increased directly from breeder planting stock; or
(b)
Designated as foundation planting stock by the director.
(10)
"Registered planting stock" means planting stock of a quality
suitable for the production of certified planting stock that has been so
handled as to maintain genetic characteristics and that is:
(a)
Increased directly from foundation or registered planting stock; or
(b)
Designated as registered planting stock by the director.
(11)
"Certified planting stock" means the progeny of foundation,
registered, or certified planting stock that has been so handled as to maintain
genetic characteristics, that has met certification standards authorized by
this chapter, and that has been certified by the director.
Sec.
2. RCW
15.14.030 and 1961 c 83 s 3 are each amended to read as follows:
The
director may adopt rules necessary to carry out the purpose and provisions
of this chapter concerning, but not limited to:
(1)
((The)) Certification of planting stock as to freedom from
infection by plant pests, variety, ((type, strain or other genetic
character)) classification, and grade.
(2)
((The freedom of planting stock from infection by plant pests.
(3)
Grades and classifications for the various varieties, types or strains of
planting stock and standards and sizes for such grades and/or classifications)) Establishment
of tolerances for planting stock that is diseased, infected with plant pests,
defective, or off-type.
(3)
Establishment of standards and grades for planting stock.
(4)
((The)) Labeling ((and)), identification,
grading, and packing of foundation, registered, and certified
planting stock.
(5)
((The)) Inspection and testing of foundation,
registered, and certified planting stock prior to planting during the
growing season or seasons, prior to and during harvest, and
subsequent to harvest.
(6)
Exclusion and removal of diseased, infected with plant pests, defective, or
off-type plants from foundation, registered, and certified planting stock.
(7)
Establishing processes, site requirements, and criteria for participation in
programs authorized by this chapter.
(8)
Cultivation and sanitation practices in growing, storing, distributing, and
processing foundation, registered, and certified planting stock.
(9)
Establishing recordkeeping requirements.
(10)
Production, utilization, and testing of micropropagated plants for foundation,
registered, and certified planting stock.
(11)
Establishment of fees and assessments for inspection, testing, and
certification of planting stock and other services authorized by this chapter.
Sec.
3. RCW
15.14.070 and 1961 c 83 s 7 are each amended to read as follows:
The
director may((, subject to rules adopted under the provisions of this
chapter)):
(1)
((Subsequent to inspection of certified or registered planting stock prior
to planting and inspection during its growth and harvest and subsequent to
harvest)) Issue certificates stating that ((such)) planting
stock found by the director or other authorized person to be in compliance
with rules adopted under this chapter is foundation, registered, or
certified ((or registered)) planting stock.
(2)
Take samples in reasonable amounts as necessary of planting stock ((certified
or registered under the provisions of subsection (1) of this section for the
purpose of checking and testing to see if such certified and registered
planting stock is maintaining its genetic characteristics)) to inspect
and test for genetic characteristics and/or freedom from infection
by plant pests. ((Such samples of certified or registered planting
stock shall be planted and checked in Washington state crop improvement
nurseries. Reports of the results of the test plantings shall be made
available to the producers or commercial growers of certified or registered
planting stock forthwith.))
(3)
Publish names of growers participating in certification programs and
inspection results.
(4)
Require growers participating in certification programs to notify purchasers of
planting stock when postharvest inspections or tests show the planting stock
represented as foundation, registered, or certified has failed to meet minimum
standards for certification.
NEW
SECTION. Sec. 4. A
new section is added to chapter 15.14 RCW to read as follows:
In
order to carry out the purposes of this chapter, the director may enter at
reasonable times as determined by the director and inspect any property or
premises and any records required under this chapter. If the director is
denied access to any property, premises, or records, the director may suspend,
cancel, or refuse certification or other approval of the planting stock or may
apply to a court of competent jurisdiction for a search warrant authorizing
access to the property, premises, or records. The court may upon the
application issue a search warrant for the purpose requested.
NEW
SECTION. Sec. 5. A
new section is added to chapter 15.14 RCW to read as follows:
The
director may enter into compliance agreements with any grower of foundation,
registered, or certified planting stock for the purpose of carrying out the
provisions of this chapter. The director may suspend or cancel any compliance
agreement for cause. Upon notice by the director to suspend or cancel a
compliance agreement, a person may request a hearing under chapter 34.05 RCW.
Sec.
6. RCW
15.14.050 and 1961 c 83 s 5 are each amended to read as follows:
((The
director may,)) For ((the)) purposes of maintaining and/or
improving the genetic characteristics and freedom from infection by
plant pests of any registered, foundation, and breeder planting
stock, ((make such)) the director may acquire, propagate, and
distribute registered, foundation, and breeder planting stock
((readily available)) to producers and commercial growers((, acquire
and plant such foundation and breeder planting stock for research and propagation)).
The director may charge fees for the planting stock and may place
restrictions on its use and propagation by producers and commercial growers.
Sec.
7. RCW
15.14.110 and 1961 c 83 s 11 are each amended to read as follows:
The
director may accept ((for certification)) as certified, registered,
foundation, or breeder ((seed)) planting stock any ((plant
material)) planting stock grown or produced by Washington state
university, the United States department of agriculture or other
propagators whose plant materials are produced in conformance with the
requirements of this chapter and rules adopted ((hereunder. Such
propagators' plant materials shall have been under the observation of the
director for a period of not less than one year pursuant to periodic
inspections by the director before he may certify them as foundation or breeder
planting stock)) under this chapter.
Sec.
8. RCW
15.14.120 and 1961 c 83 s 12 are each amended to read as follows:
The
director may cooperate with and enter into agreements with Washington State
University, ((experimental stations, governmental agencies of this
state,)) the United States department of agriculture, other state((s))
and federal agencies ((of the federal government)), and any
other organization in order to carry out the purposes and provisions
of this chapter.
Sec.
9. RCW
15.14.040 and 1961 c 83 s 4 are each amended to read as follows:
The
director may acquire by ((purchase,)) gift, ((devise, lease or
rental,)) grant, or endowment from public or private sources, as may be
made in trust or otherwise, for the use and benefit of the purposes of this
chapter, real property and any other type property, ((including any
equipment, products or planting stock necessary to carry out the purpose of
this chapter. Such real property shall be designated as Washington state crop
improvement nurseries and may be located in remote or outlying areas where the
breeder or foundation planting stock may be planted to better protect its
genetic identity and freedom from plant pests)) and expend the same or
any income therefrom according to the terms of the gift, grant, or endowment.
NEW
SECTION. Sec. 10. A
new section is added to chapter 15.14 RCW to read as follows:
The
director may suspend, cancel, or refuse certification or other approval of any
planting stock that fails to meet the certification requirements authorized in
this chapter. Upon notice by the director to suspend, cancel, or refuse
certification or other approval of any planting stock, a person may request a
hearing under chapter 34.05 RCW.
Sec.
11. RCW
15.14.140 and 1961 c 83 s 14 are each amended to read as follows:
It
((shall be)) is unlawful for any person to sell, offer for sale,
hold for sale, label, identify, represent, or to advertise any planting
stock as being certified, registered, foundation, or breeder planting
stock unless it ((has been inspected by the director and he has issued a
certificate stating that such planting stock has met)) complies with
the requirements of this chapter and rules adopted ((hereunder and that it
is properly identified and labeled)) under this chapter.
NEW
SECTION. Sec. 12. A
new section is added to chapter 15.14 RCW to read as follows:
A
late charge of one and one-half percent per month shall be assessed on the
unpaid balance against persons more than thirty days in arrears for any fee or
assessment authorized by this chapter.
NEW
SECTION. Sec. 13. A
new section is added to chapter 15.14 RCW to read as follows:
The
director may withhold services to growers of planting stock for refusal to
comply with the provisions of this chapter or its rules, for nonpayment of fees
and assessment moneys owed to the department by law, or for nonpayment of any
assessment moneys due to an agricultural commodity commission.
Sec.
14. RCW
15.14.130 and 1961 c 83 s 13 are each amended to read as follows:
All
the moneys collected ((by the director)) under the provisions of this
chapter shall be paid ((into the northwest nursery)) to the director
and deposited in the planting stock certification account within the
agricultural local fund ((as created in RCW 15.69.020)) and shall be
used ((by the director)) only to carry out the purposes and
provisions of this chapter.
NEW
SECTION. Sec. 15. Any
residual balance of funds remaining in the northwest nursery fund on the
effective date of this act shall be transferred to the planting stock
certification account within the agricultural local fund.
Sec.
16. RCW
15.13.470 and 1993 c 120 s 17 are each amended to read as follows:
(1)
Except as provided in subsection (2) of this section, all moneys collected
under this chapter shall be paid to the director, deposited in an account
within the agricultural local fund, and used solely for carrying out this
chapter and rules adopted under this chapter. No appropriation is required for
the disbursement of moneys from the account by the director. ((Any residual
balance of funds remaining in the nursery inspection fund on July 26, 1987,
shall be transferred to that account within the agricultural local fund:
PROVIDED, That))
(2)
All fees collected for fruit tree, fruit tree related ornamental tree, and
fruit tree rootstock assessments as set forth in this chapter shall be
deposited in the ((northwest nursery)) planting stock certification
account within the agricultural local fund to be used only for the
Washington fruit tree and fruit tree related ornamental tree certification and
nursery improvement programs as set forth in this chapter and chapter 15.14
RCW.
NEW
SECTION. Sec. 17. The
following acts or parts of acts are each repealed:
(1) RCW
15.14.020 and 1961 c 83 s 2;
(2) RCW
15.14.060 and 1961 c 83 s 6;
(3) RCW
15.14.080 and 1989 c 175 s 44 & 1961 c 83 s 8;
(4) RCW
15.14.100 and 1961 c 83 s 10;
(5) RCW
15.69.010 and 1961 c 11 s 15.69.010;
(6) RCW
15.69.020 and 1961 c 11 s 15.69.020;
(7) RCW
15.69.030 and 1961 c 11 s 15.69.030; and
(8) RCW
15.69.040 and 1961 c 11 s 15.69.040.
NEW
SECTION. Sec. 18. RCW
15.14.910 is decodified.
NEW
SECTION. Sec. 19. The
following sections are codified or recodified within chapter 15.14 RCW in the
following order:
RCW
15.14.010;
RCW
15.14.030;
RCW
15.14.070;
section
4 of this act;
section
5 of this act;
RCW
15.14.050;
RCW
15.14.110;
RCW
15.14.120;
RCW
15.14.040;
section
10 of this act;
RCW
15.14.140;
RCW
15.14.150;
section
12 of this act;
section
13 of this act;
RCW
15.14.130;
RCW
15.14.900; and
RCW 15.14.920.
