WSR 98-05-106

EXPEDITED ADOPTION

DEPARTMENT OF AGRICULTURE

[Filed February 18, 1998, 11:40 a.m.]

Title of Rule: Seed potato isolation district.

Purpose: This chapter establishes a seed potato isolation district in Whatcom County, requiring that all commercial potato production within its boundaries be enrolled for certification as seed.

Statutory Authority for Adoption: Chapter 15.15 RCW.

Statute Being Implemented: Chapter 15.15 RCW.

Summary: The production of high quality seed potatoes within the state requires conditions that are as free as possible from insect pests and plant diseases. The production of other potatoes intermixed with or in close proximity to a concentrated seed potato production area poses an increased risk of introduction of insect pests and plant diseases. To mitigate this problem this chapter establishes a seed potato isolation district in Whatcom County, limiting commercial potato production within the boundaries to that enrolled in the seed potato certification program.

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

Name of Proponent: Washington State Seed Potato Commission, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: In the 1997 legislative session, chapter 15.15 RCW, which specifically authorizes this rule, was enacted. According to the statute, the production of high quality seed potatoes within the state requires conditions that are as free as possible from insect pests and plant diseases. The production of other potatoes intermixed with or in close proximity to a concentrated seed potato production area poses an increased risk of introduction of insect pests and plant diseases. To mitigate this problem this rule establishes a seed potato isolation district requiring commercial potato production within the boundaries to be enrolled in the seed potato certification program. The Seed Potato Commission and Washington State Department of Agriculture know of no commercial potato production (that is no production in excess of one acre), other than certified seed potatoes in the affected area, currently or in the recent past.

Proposal does not change existing rules.

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 A. Martin Toohey, Assistant Director, Washington State Department of Agriculture, Laboratory Services Division, P.O. Box 42560, Olympia, WA 98504-2560, AND RECEIVED BY April 18, 1998.

February 18, 1998

Mary A. Martin Toohey

Assistant Director

Chapter 16-325 WAC


SEED POTATO ISOLATION DISTRICT

NEW SECTION

WAC 16-325-005 Promulgation--Establishing an isolation district. The production of high quality seed potatoes within the state requires conditions that are as free as possible from insect pests and plant diseases. The production of other potatoes intermixed with or in close proximity to a concentrated seed potato production area poses an increased risk of introduction of insect pests and plant diseases. To mitigate this problem this chapter establishes a seed potato isolation district requiring commercial potato production within the boundaries to be enrolled in the seed potato certification program.

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NEW SECTION

WAC 16-325-010 Definitions. The definitions in this section shall apply throughout this chapter.

(1) "Department" means the department of agriculture of the state of Washington.

(2) "Director" means the director of the department of agriculture or a duly appointed representative.

(3) "Potato" means plants or plant parts of Solanum tuberosum.

(4) "Seed potatoes" means vegetatively propagated tubers of Solanum tuberosum used for propagation or production.

(5) "Seed potato certification program" means the program in which certified seed potatoes are produced, as set forth in Chapter 16-324 WAC.

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NEW SECTION

WAC 16-325-015 Regulated area. The seed potato isolation district consists of that area of Whatcom County lying within the following boundaries:

On the West the boundary follows Interstate 5 from its intersection with Smith Rd., northwesterly to the intersection with Loomis Rd., then from the intersection of Loomis Road and Interstate 5 north along Giles Rd. to its end, continuing north through the center of Range 1 East to the Canadian border.

On the North the boundary follows the Canadian border from its intersection with the center of Range 1 East easterly to South Pass Road.

On the East the boundary follows South Pass Rd. southwesterly to the point where the eastern edge of Range 4 East intersects South Pass Road, then south along the eastern boundary of Range 4 East to the Nooksack River (south of the town of Deming).

On the South the boundary follows the Nooksack River northwesterly to the City of Everson, south from Everson on Mission Road to Smith Road then westerly on Smith Rd to Interstate 5.

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NEW SECTION

WAC 16-325-020 Regulations for potato production within the seed potato isolation district. All potato plantings in excess of one acre must be enrolled in the seed potato certification program described in Chapter 16-324 WAC. Affected growers shall be responsible for all associated fees as required in Chapter 16-324.

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NEW SECTION

WAC 16-325-025 Exceptions. The director may allow the production of potatoes, otherwise prohibited, by special permit. The permit shall specify under what conditions and in what location production will be allowed and must be obtained prior to planting.

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