WSR 98-07-109
EXPEDITED ADOPTION
DEPARTMENT OF AGRICULTURE
[Filed March 18, 1998, 11:36 a.m.]
Title of Rule: Rules relating to the production of garlic seed certification
Purpose: This subject matter was included in chapter 16-333 WAC, Certification of plants, along with a rule concerning caneberries. The purpose is to separate the garlic seed certification regulations with a new WAC number, chapter 16-334 WAC
Statutory Authority for Adoption: Chapter 15.14 RCW
Statute Being Implemented: Chapter 15.14 RCW
Summary: The garlic seed growers have requested changes in the garlic certification rules to allow more flexibility in irrigation sources and garlic seed sources
Reasons Supporting Proposal: All certified garlic seed is presently being grown in Nevada and California. Certified garlic is an important tool in the control of garlic diseases. The program will give Washington certified seed garlic a greatly expanded market allowing access to all states and Canada, including areas covered by onion white rot quarantines
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: Greg Anthony Seed Company and Merchant Ranches, Incorporated, private
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Participating growers are allowed to establish foundation, registered and certified plantings of seed garlic for the production of disease-free garlic planting stock. These plantings will be tested and inspected by the Washington State Department of Agriculture personnel for two important diseases, stem and bulb nematode and white rot fungi. These two pathogens are a limiting factor in the production of garlic and onions. Garlic seed produced in this program will be allowed into areas with established quarantines against these pathogens
Proposal Changes the Following Existing Rules: The existing garlic certification program specifies any irrigation by well water only. This greatly limits the areas of the state where certified garlic can be grown. The revised rule allows for other approved irrigation sources which will include relatively clean sources such as the Kittitas Valley irrigation district and the Columbia River. It also specifies testing and inspecting schedules and expands the program to include garlic related varieties such as elephant garlic and shallots
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 May 16, 1998
March 18, 1998
Mary A. Martin Toohey
Assistant Director
RULES RELATING TO THE PRODUCTION OF GARLIC SEED CERTIFICATION
NEW SECTION
WAC 16-334-010 Definitions. (1) "Certified block" means a planting of a single variety of garlic established from foundation stock, registered stock or certified stock, which complies with the requirements of this chapter.
(2) "Certified stock" means garlic which is produced in a certified block and/or which complies with the requirements of this chapter.
(3) "Department" means the Washington State Department of Agriculture.
(4) "Director" means the director of the Washington State Department of Agriculture or the director's duly authorized representative.
(5) "Foundation block" means a garlic planting established from stock subjected to a laboratory disease elimination procedure approved by the director, which complies with the requirements of this chapter.
(6) "Foundation stock" means garlic which is produced in a foundation block and which complies with the requirements of this chapter.
(7) "Garlic" means plants, plantlets, cloves, bulbs or any plant part of Allium sativum or related varieties.
(8) "Garlic seed" means vegetatively propagated bulbs or cloves of garlic used for planting purposes.
(9) "Off-type" means appearing different by visual examination from the variety listed on the application or exhibiting symptoms of a genetic or non-transmissible disorder.
(10) "Planting stock" means certified stock, registered stock or foundation stock.
(11) "Registered block" means a planting of a single variety of garlic which is established from foundation stock or registered stock and which complies with the requirements of this chapter.
(12) "Registered stock" means garlic which is produced in a registered block and which complies with the requirements of this chapter.
(13) "Stem and bulb nematode" means Ditylenchus dipsaci.
(14) "White rot fungus" means Sclerotinium cepivorum.
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NEW SECTION
WAC 16-344-020 Garlic seed-general (1) Issuance of a state of Washington certified plant tag, stamp or other document means only that the tagged, stamped, or otherwise documented plant materials have been subjected to procedures and requirements described in this chapter and determined to be in compliance with its standards and requirements. The department disclaims all expressed or implied warranties, including without limitation, implied warranties of merchantability and fitness for particular purpose, regarding all plants, plant parts, and plant materials.
(2) The department is not responsible for disease, genetic disorder, off-type, failure of performance, mislabeling, or otherwise, in connection with this chapter.
(3) No grower, nursery dealer, government official, or other person is authorized to give any expressed or implied warranty, or to accept financial responsibility on behalf of the department regarding certification.
(4) Participation in the seed garlic certification program is voluntary.
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Reviser's note: The above new section was filed by the agency as WAC 16-344-020. This section is placed among sections forming new chapter 16-334 WAC, and therefore should be numbered WAC 16-334-020. Pursuant to the requirements of RCW 34.08.040, the section is published in the same form as filed by the agency.
NEW SECTION
WAC 16-334-030 Requirements for participation in the seed garlic certification program. (1) Participants in the seed garlic certification program must submit an annual two-hundred dollar application fee and all applications for plant propagation and certification by July 1 prior to planting. A separate application form must be used for each variety to be certified.
(2) As a condition of participation in the seed garlic certification program, the applicant grower must furnish the department all requested information pertinent to the operation of the program and must give consent to the department to take material for examination and testing.
(3) Garlic seed to be planted into registered or certified blocks must be inspected and tested in compliance with WAC 16-334-030 during the prior growing season by the department or by another certifying agency approved by the department. All such garlic seed must be found to be free of stem and bulb nematode and white rot fungus.
(4) Foundation blocks must be planted with garlic seed that has been through an approved disease elimination process.
(5) Registered blocks must be planted with garlic seed that originates from an approved program as foundation or registered stock.
(6) Certified blocks must be planted with garlic seed that originates from an approved program as foundation stock, registered stock or certified stock. The department may accept other garlic seed as certified stock, if the garlic seed has been inspected, tested, and found free of stem and bulb nematode and white rot fungi, as specified in subsection (3) above, for the previous two growing seasons.
(7) Planting sites for foundation, registered and certified blocks must be inspected and approved by the department at least 30 days prior to planting. At a minimum, planting sites must comply with all of the following criteria:
(a) The site has been out of Allium spp. production for at least five years;
(b) The site is found free of stem and bulb nematode based on an official laboratory test;
(c) The site is not infested with white rot fungus;
(d) The site is not likely to become infested with stem and bulb nematode or white rot fungus by drainage, flooding or irrigation;
(e) The site is separated from all other certified, registered, or foundation blocks by a minimum of six feet, unless the department approves alternative precautions to preserve identity;
(f) The site is a minimum of five hundred feet from any planting of non-certified Allium spp.
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NEW SECTION
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 and laboratory analysis fees as established in WAC 16-470-910 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.
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NEW SECTION
WAC 16-334-050 Conditions under which certification may be refused. Any plant that appears to be growing abnormally or with abnormal appearing bulbs will be collected and examined for the presence of pests or disease. The department may refuse to certify a planting or the harvested bulbs of garlic if:
(1) The garlic is found to be infested with stem and bulb nematode or infected with white rot fungi; or
(2) The garlic is infected with any other pest that the department determines cannot be eliminated by treatment or roguing; or
(3) A plant or plants are off-type, unless the block is rogued to the satisfaction of the department; or
(4) The participant has failed to pay in a timely manner any fees applicable to this program; or
(5) The participant has failed to comply with any requirements in this chapter.
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NEW SECTION
WAC 16-334-060 Responsibilities of the grower. In addition to other requirements specified in this chapter, a grower participating in this program must perform all of the following:
(1) Conduct an active program of garlic pest control;
(2) Use precautions when cultivating, irrigating and moving equipment to prevent the spread of soil-borne pests or diseases;
(3) Comply with the white rot quarantine regulations in WAC 16-470-300;
(4) Maintain the identity of each lot.
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NEW SECTION
WAC 16-334-070 Storage requirements for registered and certified garlic seed. (1) Harvested seed garlic shall be stored in:
(a) Clean bins or containers that have not been used to store non-certified Allium spp.; and
(b) Clean storage areas approved by the department where onions are not stored.
(2) Harvested planting stock must be held in one of the following:
(a) New bags;
(b) Bags that have been only used to store certified garlic seed; or
(c) Bags that have been used to store crops other than onions and have been sanitized prior to use for garlic.
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NEW SECTION
WAC 16-344-080 Movement of garlic planting stock--Permit required. In order to move planting stock out of Washington for cracking or other treatment, the participant must comply with all of the following requirements:
(1) The identity of each lot must be maintained at all times;
(2) The participant must obtain a permit from the department prior to movement of the planting stock out of Washington;
(3) The number specified on its permit shall be used to identify each lot;
(4) The permit must accompany the shipping container at all times; and
(5) The permit must accompany certified seed garlic re-entering the state.
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Reviser's note: The above new section was filed by the agency as WAC 16-344-080. This section is placed among sections forming new chapter 16-334 WAC, and therefore should be numbered WAC 16-334-080. Pursuant to the requirements of RCW 34.08.040, the section is published in the same form as filed by the agency.