WSR 13-21-145 PROPOSED RULES DEPARTMENT OF AGRICULTURE [Filed October 23, 2013, 9:37 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-18-071.
Title of Rule and Other Identifying Information: Chapter 16-497 WAC, Hop disease quarantine, the agency is proposing to amend the hop disease quarantine by:
(1) Lifting the quarantine against Oregon and Idaho;
(2) Adding language to allow the director to issue special permits specifying the terms and conditions for the transportation, distribution, disposal, or planting of hop plants from the quarantine area;
(3) Adding language regarding prohibited acts; and
(4) Making the language more clear and readable.
Hearing Location(s): Moxee City Hall, Community Room, 255 West Seattle Avenue, Moxee, WA 98936 (please use street parking), on December 5, 2013, at 11:30 a.m.
Date of Intended Adoption: December 19, 2013.
Submit Written Comments to: Henri Gonzales, P.O. Box 42560, Olympia, WA 98504-2560, e-mail hgonzales@agr.wa.gov, fax (360) 902-2094, by December 5, 2013.
Assistance for Persons with Disabilities: Contact Henri Gonzales by November 21, 2013, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The hop industry, through the Washington hop commission, submitted a petition to revise chapter 16-497 WAC to reflect the interconnectivity of the hop industries in Washington, Oregon, and Idaho and the need for a regional quarantine. The current quarantine defines the quarantine area as all areas outside of Washington making it extremely difficult to move hop plants from Oregon and Idaho into Washington. This revision along with parallel quarantines in Oregon and Idaho will give the northwest states a regional quarantine that would allow the movement of hop plants within the three states while maintaining the current level of protection from hop diseases.
Reasons Supporting Proposal: Quarantines are established that prohibit or regulate the movement of plants or plant products from designated areas within or outside the state in order to prevent the spread of diseases, plant pathogens, or pests. The hop disease quarantine was established in 1980 in order to prevent the introduction of dangerous diseases of hops in the state of Washington and potential subsequent economic impact to the hop industry. Although the quarantine has been in place for decades, the pressure from diseases is constantly changing. The affected industry has requested changes to the existing quarantine in order to adequately protect growers and bring the quarantine more into harmony with adjoining states.
Statute Being Implemented: RCW 17.24.011 and 17.24.041.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington hop commission, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Tom Wessels, 1111 Washington Street S.E., Olympia, WA 98504-2560, (360) 902-1984.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal imposes no additional regulations or costs on Washington businesses. In addition, the proposal will benefit hop growers and nurseries by lessening the restrictions on bringing hop plants from out-of-state while maintaining the current level of protection from hop diseases.
A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).
October 23, 2013
Brad White, Ph.D.
Acting Assistant Director
AMENDATORY SECTION (Amending WSR 09-18-116, filed 9/2/09, effective 10/3/09)
WAC 16-497-005 Hop disease quarantine—Definitions.
(1) "Dangerous diseases" means: (a) "Arabis mosaic viruses" means a grouping of viruses that are polyhedral, have a bipartite genome and induce diseases such as bare-bine, spidery hop, split leaf blotch and hop chlorotic disease. In combination with satellite RNA, arabis mosaic virus induces hop nettlehead disease. (b) "Hop stunt viroid" means a group of viroids consisting of hop stunt viroid and its genetic variants. (c) "Ilar viruses" means a grouping of viruses, including apple mosaic virus and Prunus necrotic ringspot, which share common characteristics including spherical in shape, with genetic material in three different particles and commonly inducing ring spots in hosts. (d) "Powdery mildew" means the disease caused by Podosphaera macularis (WALLR.: FR) Lind = Podosphaera humuli (DC) Burrill. (e) "Verticillium wilt" means the disease caused by Verticillium albo-atrum Reinke & Berth, or hop strains of this organism. (2) "Department" means the Washington state department of agriculture. (3) "Director" means the director of the Washington state department of agriculture or the director's authorized representative. (("Hop stunt viroid" means a group of viroids consisting of hop stunt viroid and its genetic variants. "Ilar viruses" means a grouping of viruses, including apple mosaic virus and Prunus necrotic ringspot, which share common characteristics including spherical in shape, with genetic material in three different particles and commonly inducing ring spots in hosts. "Powdery mildew" means the disease caused by Podosphaera macularis (WALLR.: FR) Lind = Podosphaera humuli (DC) Burrill. "Verticillium wilt" means the disease caused by Verticillium albo-atrum Reinke & Berth, or hop strains of this organism.)) (4) "Hops" means Humulus lupulus L. (5) "Regulated articles" means plants and all parts (except the cones) of hops.
AMENDATORY SECTION (Amending WSR 80-01-093, filed 12/31/79, effective 6/1/80)
WAC 16-497-010 Quarantine area.
The quarantine area is all ((areas outside of the territorial borders of the state of Washington)) states and districts of the United States outside of the states of Washington, Idaho, and Oregon.
NEW SECTION
WAC 16-497-035 Prohibited acts.
The sale, offering to sell, transporting, disposing of, distributing and/or planting of regulated articles from or originating in the quarantine area are prohibited.
AMENDATORY SECTION (Amending WSR 09-18-116, filed 9/2/09, effective 10/3/09)
WAC 16-497-050 Exemption.
The restrictions on the movement of regulated articles set forth in this chapter shall not apply to hop plants or parts of plants imported for research purposes by the United States Department of Agriculture or the ((state experiment stations in the state of)) Clean Plant Center at Washington State University, Prosser, Washington.
NEW SECTION
WAC 16-497-055 Permits.
The director may allow by special permit the transportation, distribution, disposal, or planting of regulated articles from the quarantine area. Such permit shall specify terms and conditions pursuant to RCW 17.24.041 and 17.24.091. Permits may be requested by contacting the Washington State Department of Agriculture, Plant Protection Division, 1111 Washington Street S.E., P.O. Box 42560, Olympia, WA 98504-2560; fax 360-902-2094; or e-mail: PlantServices@agr.wa.gov.
NEW SECTION
WAC 16-497-065 Penalties and violations.
All violations of this chapter shall be dealt with according to the provisions in RCW 17.24.141.
REPEALER
The following sections of the Washington Administrative Code are repealed:
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