WSR 99-03-090

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE

[Filed January 20, 1999, 10:14 a.m.]



Subject of Possible Rule Making: To amend chapter 16-481 WAC, Grape phylloxera.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 17.24 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: NAFTA and GATT have altered the regulatory parameters for plant disease and insect phytosanitary issues, not only for international trade, but also for interstate and internal quarantines and other regulation. NAPPO (North America Plant Pest Organization), the international organization authorized to define the new standards in this area, has chosen grapevines as its first effort. In order to comply with new internationally mandated standards and to maintain consistency with other states, this rule must be modified. In addition, changes in industry practices, environmental conditions, and legislative mandates (for instance, the regulatory reform statutes) have made other modifications necessary.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: USDA APHIS has federal quarantine authority. WSDA will discuss proposed changes with knowledgeable staff in that agency; however, APHIS regards interstate movement of grape phylloxera as a state regulatory matter and has not chosen to exercise its authority in this area.

Process for Developing New Rule: Washington State Department of Agriculture representatives discuss proposed rule change with affected government agencies and stakeholders and then publish the rule proposal.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mary A. Martin Toohey, Assistant Director, Washington State Department of Agriculture, Laboratory Services Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1907, fax (360) 902-2094; or Thomas Wessels, Plant Services Program Manager, Washington State Department of Agriculture, Laboratory Services Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1984, fax (360) 902-2094.

January 20, 1999

Mary A. Martin Toohey

Assistant Director

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