WSR 99-21-082

EXPEDITED ADOPTION

DEPARTMENT OF AGRICULTURE


[ Filed October 20, 1999, 10:19 a.m. ]

Title of Rule: WAC 16-334-040 Inspection and testing requirements for certification.

Purpose: This section establishes inspection and testing requirements for seed garlic certification. The amendment would remedy erroneous citations referencing two WACs that have been superceded and are no longer in effect.

Statutory Authority for Adoption: Chapter 15.14 RCW.

Statute Being Implemented: Chapter 15.14 RCW.

Summary: This section is a portion of the rules which establish inspection and testing requirements for seed garlic certification. This section (WAC 16-334-040) currently references WAC 16-401-025 and 16-470-910. These sections have been superceded by WAC 16-401-026 and 16-470-911, respectively, and are no longer in effect. The amendment would remedy the erroneous citations.

Reasons Supporting Proposal: The proposed amendment would correct technical errors, but would not change program practices.

Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Tom Wessels, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1984.

Name of Proponent: Washington State Department of Agriculture, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 16-334-040, which deals with seed garlic certification, currently references sections of other rules (i.e. WAC 16-401-025 and 16-470-910) which have been superceded and are no longer in effect. This proposal corrects the erroneous references. It would not change current program practices.

Proposal Changes the Following Existing Rules: It corrects erroneous references to two WAC sections that have been superceded and are no longer in effect.

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Mary Toohey, Assistant Director, Washington State Department of Agriculture, Laboratory Services Division, P.O. Box 42560, Olympia, WA 98504-2560 , AND RECEIVED BY December 20, 1999.


October 20, 1999

Mary A. Martin Toohey

Assistant Director


AMENDATORY SECTION(Amending WSR 98-11-048, filed 5/18/98, effective 6/18/98)

WAC 16-334-040
Inspection and testing requirements for certification.

(1) The department shall conduct the following inspections for white rot fungus:

(a) One growing season inspection for all field plantings;

(b) One inspection at harvest or during storage;

(2) The department shall collect samples and conduct laboratory analysis for stem and bulb nematode on the following:

(a) Soil from all sites prior to planting;

(b) Plants from foundation and registered blocks, collected at approximately 20 foot intervals and composited on a one acre basis;

(c) Plants from certified blocks equal to or greater than one quarter acre intended to be planted back for recertification, collected at approximately 20 foot intervals and composited on a one acre basis;

(d) Plants from certified blocks of less than a quarter acre intended for recertification, comprising a reasonable sample of not more than five percent of the total plants.

(3) The department may require additional inspections or tests as needed.

(4) Inspection fees as established in ((WAC 16-401-025)) chapter 16-401 WAC and laboratory analysis fees as established in ((WAC 16-470-910)) chapter 16-470 WAC are applicable to this program.

(5) Payment is due upon completion of each inspection or test. Billing may be arranged subject to department policies and processes.

[Statutory Authority: Chapter 15.14 RCW.  98-11-048, § 16-334-040, filed 5/18/98, effective 6/18/98.]

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