WSR 98-05-105

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE

[Filed February 18, 1998, 11:37 a.m.]

Subject of Possible Rule Making: Defining freedom from infestation by plant pests and updating existing rules implementing chapter 15.13 RCW.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 15.13 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 15.13.390 requires "freedom from infestation by plant pests" to be defined in rule. Also, existing rules implementing chapter 15.13 RCW are no longer entirely responsive to stakeholder and program needs and should be updated.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: United States Department of Agriculture, Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine. Discussions with APHIS are ongoing, as the state and federal programs are interrelated and cooperative in nature.

Process for Developing New Rule: The industry has requested changes to the rule. Representatives of the Washington State Department of Agriculture discuss options for specific provisions with industry groups 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 Tom 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, e-mail twessels@agr.wa.gov; and Mary 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, e-mail mtoohey@agr.wa.gov.

February 18, 1998

Mary A. Martin Toohey