WSR 14-10-014 EMERGENCY RULES DEPARTMENT OF AGRICULTURE [Filed April 25, 2014, 3:25 p.m., effective April 25, 2014, 3:25 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: This rule-making order amends WAC 16-324-409 by repealing the requirement to post-harvest test all generation 1 (G-1) seed potato lots and seed potato lots sold for recertification for potato virus Y (PVY) by enzyme-linked immunosorbant assay. This will temporarily suspend the laboratory component of post-harvest testing.
Citation of Existing Rules Affected by this Order: Amending WAC 16-324-409.
Statutory Authority for Adoption: RCW 15.14.015.
Other Authority: Chapter 34.05 RCW.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: In 2013, the department adopted changes to the seed potato certification rule in response to disease pressures. One of these changes was adding an additional laboratory test for PVY for all seed potato lots entered for post-harvest testing. Since then it has become apparent that there are challenges related to sampling and testing for PVY. As a result of this change, seed potato growers will have very few lots to plant this spring and may not be able to sustain their seed operations. This emergency repeal will allow seed potato growers to plant their 2014 crop and allow time to find a permanent solution to challenges related to sampling and laboratory testing.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: April 25, 2014.
Don R. Hover
Director
Chapter 16-324 WAC
CERTIFICATION OF SEED POTATOES AMENDATORY SECTION (Amending WSR 13-12-014, filed 5/24/13, effective 6/24/13)
WAC 16-324-409 Post-harvest test requirements.
(1) Post-harvest testing is required for the following lots:
(a) All Generation 1 lots except lots that are less than 0.25 acre and planted back on the same seed potato farm;
(b) Seed lots sold for recertification; and
(c) Lots for which a post-harvest test is required by WAC 16-324-399.
(2) ((Seed lots submitted for post-harvest testing in subsection (1)(a) and (b) of this section must also be ELISA tested for PVY.
(3))) A minimum of four hundred tubers must be submitted for each seed lot entered for post-harvest testing. Seed lots less than 0.25 acre in size must submit a minimum of four tubers per total hundred weight with a minimum of fifty tubers.
(((4))) (3) The applicant is responsible for the cost of post-harvest testing.
(((5))) (4) Seed lots in the post-harvest test which fail to comply with the disease tolerance requirements set forth in WAC 16-324-420 are not eligible for recertification.
(a) The applicant must notify in writing all receivers of any seed lot that failed to comply with post-harvest tolerances set forth in WAC 16-324-420.
(b) Acceptance of a seed lot that fails to comply with the tolerances set forth in WAC 16-324-420 must be based on a written buyer/seller agreement. The grower must provide the department with a copy of the written agreement within thirty days of receiving the post-harvest results.
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