WSR 98-08-108

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[Filed April 1, 1998, 11:30 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-04-078

Title of Rule: Quarantine--Agriculture pests

Purpose: To add Skagit County to the existing apple maggot quarantine area

Statutory Authority for Adoption: RCW 17.24.041

Statute Being Implemented: Chapter 17.24 RCW

Summary: The proposed rule change adds Skagit County to the existing quarantine area and is intended to prevent or minimize possible movement of apple maggot from Skagit County into uninfested areas

Reasons Supporting Proposal: Growers will not need a permit to transport fruit from place to place within quarantine areas

Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Diane Dolstad, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-2071

Name of Proponent: Apple Maggot Working Group and Washington State Department of Agriculture, public and governmental

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

Explanation of Rule, its Purpose, and Anticipated Effects: Apple maggot is an economically significant pest of apples which is not presently established in commercial apple production areas of eastern Washington, but which is established in other areas of the state and in other states. The existing rule establishes quarantine areas within Washington and between this state and other states, so that apple maggot is not allowed to infest in areas. Insect trapping data from 1996 and 1997 indicates that apple maggot has recently become established in portions of Skagit County. The proposed rule change adds Skagit County to the existing quarantine area and is intended to prevent or minimize possible movement of apple maggot from Skagit County into uninfested areas

Proposal Changes the Following Existing Rules: The proposed rule change is intended to prevent or minimize the possible movement of apple maggot from Skagit County into uninfested areas, such as the commercial apple-growing areas of eastern Washington. Other changes were requested by apple growers in order to clarify existing rules, so that it is clear that growers do not need a permit to transport fruit from place to place within quarantine areas within the state

No small business economic impact statement has been prepared under chapter 19.85 RCW. Although this rule change has potential to negatively impact Skagit County growers, the intent of the rule is to preserve the apple growing industry state-wide. By doing so, apple growers will maintain the ability to market fruit internationally and interstate into areas which quarantine apple maggot.

The number of growers and commercial acreage of apples in Skagit County and the potential economic impact to Skagit County apple growers is a relatively small portion of the total state-wide apple industry

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.

Hearing Location: Washington State University - Mount Vernon, Research and Extension Unit, 1468 Memorial Highway, Mount Vernon, WA 98273, on May 18, 1998, at 11:00 a.m

Assistance for Persons with Disabilities: Contact Cathy Jensen by May 11, 1998, TDD (360) 902-1996, or (360) 902-1976

Submit Written Comments to: Mary A. Martin Toohey, Assistant Director, Washington State Department of Agriculture, Laboratory Services Division, P.O. Box 42560, Olympia, WA 98504-2560, FAX (360) 902-2094 by May 18, 1998

Date of Intended Adoption: June 2, 1998

April 1, 1998

Mary A. Martin Toohey

Assistant Director

OTS-2067.2

AMENDATORY SECTION (Amending WSR 97-09-098, filed 4/23/97, effective 5/24/97)



WAC 16-470-100  Quarantine--Apple maggot and plum curculio--Area under order. (1) The following areas are declared by the director to be under quarantine for apple maggot:

(a) Exterior quarantine. All states or foreign countries where apple maggot is established, including but not limited to the states of North Dakota, South Dakota, Nebraska, Oklahoma, and Texas, and all states east thereof including the District of Columbia, and the states of Idaho, Oregon, Utah, and California, and any other areas where apple maggot is established.

(b) Interior quarantine. The entire counties of Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Klickitat, Lewis, Mason, Pacific, Pierce, Snohomish, Spokane, Skagit, Skamania, Thurston and Wahkiakum, and any other counties where apple maggot is established.

(c) Regional area quarantine. When mutually agreed upon, and formally accepted by the directors of the Washington state department of agriculture and Oregon state department of agriculture the following shall apply: In Oregon state the counties of Wasco and Hood River and in Washington state the counties of Skamania and Klickitat will be considered a single production area. Commercial fruit produced in these counties may move freely throughout this production area unless regulatory measures as prescribed in WAC 16-470-120 are implemented.

(2) The following areas are declared by the director to be under quarantine for plum curculio: Utah, and, in the eastern United States, all states and districts east of and including the states of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas, and any other areas where plum curculio is established.

(3) The following definitions shall apply to WAC 16-470-100 through 16-470-120:

(a) "Apple maggot (Rhagoletis pomonella)" means a dipterous insect belonging to the family Tephritidae which in the larval stage lives within fruit of its host plants with potential for causing extensive damage to fruit of certain crops.

(b) "Established" means present in a country, state, county or other area, multiplying and expected to continue.

(c) "Plum curculio (Conotrachelus nenuphar)" means a coleopterous insect of the family Curculionidae which in the larval stage lives within the fruit of its host plants with potential for causing extensive damage to fruit of certain crops.

(d) "Threatened with infestation" means that any life stage of apple maggot or plum curculio has been found within one-half mile of production site including any portion of an orchard outside or beyond the one-half mile boundary if any portion of the orchard is within the one-half mile area.



[Statutory Authority: RCW 17.24.041. 97-09-098, 16-470-100, filed 4/23/97, effective 5/24/97. Statutory Authority: Chapter 17.24 RCW. 91-03-115 (Order 2071), 16-470-100, filed 1/23/91, effective 2/23/91; 90-24-034 (Order 2064), 16-470-100, filed 11/30/90, effective 12/31/90; 86-07-020 (Order 1881), 16-470-100, filed 3/12/86; 85-15-007 (Order 1862), 16-470-100, filed 7/8/85; 84-10-039 (Order 1822), 16-470-100, filed 5/1/84, effective 7/1/84.]



AMENDATORY SECTION (Amending Order 1862, filed 7/8/85)



WAC 16-470-120  Apple maggot and plum curculio quarantine restrictions--Interior/exterior. (1) Certification required. Commodities described in WAC 16-470-110 that are produced in or shipped from the area under quarantine are prohibited entry into the state of Washington or movement within areas not under quarantine in the state of Washington unless a certificate issued by and bearing the original or facsimile signature of the authorized agricultural official of the state from which the commodity is shipped evidencing compliance with WAC 16-470-120 (3), (4), (5), (7), (8), or (9). No certificate is required for commodities meeting the requirements of WAC 16-470-120 (2) or (6).

(2) Reshipments in original containers. Commodities in original unopened containers, each bearing labels or other identifying marks evidencing origin outside the area under quarantine, may be reshipped to this state from any point within the area under quarantine.

(3) Repacked commodities. Each lot or shipment of commodities certified by an authorized agricultural official to have been grown outside the area under quarantine and which has had continued identity maintained while within the area under quarantine, may be repacked and shipped by common carrier from any point within the area under quarantine to this state. The certificate shall contain the following information:

(a) The state in which commodities were grown,

(b) The point of repacking and reshipment,

(c) The amount and kind of commodities comprising the lot or shipment,

(d) The names and addresses of the shipper and consignee.

(4) Apples exposed to controlled atmosphere (CA) storage. Apples which are exposed to controlled atmosphere (CA) storage for a continuous period of ninety days, during which period the temperature within the storage room has been maintained at thirty-eight degrees Fahrenheit or less, may be admitted into Washington: Provided, That the storage room or building is approved by the proper authorities in the state of origin as a controlled atmosphere facility, and each lot or shipment of such apples to Washington state is accompanied by a certificate, as provided in WAC 16-470-120(1).

(5) Shipments from cold storage. Commodities described in WAC 16-470-110 which are held in cold storage for a continuous period of forty days or more, during which period the temperature within the storage room is maintained at thirty-two degrees Fahrenheit or less, may be admitted into Washington state: Provided, That each lot or shipment is accompanied by a certificate, as stated in WAC 16-470-120(1) evidencing compliance with the minimum temperature requirements.

(6) Solid frozen fruits exempt. No restrictions are placed on the entry into this state of fruits which upon arrival are frozen solid and which are under refrigeration to assure their solid frozen state.

(7) Commercial fresh fruit from California, Idaho, Utah, Oregon, and Washington. All commercial fresh fruit as described in WAC 16-470-110 grown in and shipped from the states of California, Idaho, Utah, Oregon, and Washington may be shipped into or within Washington state: Provided, That the origin state department of agriculture conducts an adequate apple maggot (and plum curculio in Utah and in any other state where plum curculio is detected) detection program and provides the Washington state department of agriculture immediate written notification of detections in counties where apple maggot (and plum curculio in Utah and in any other state where plum curculio is detected) has not been previously detected, and the origin state shall certify that shipments originated in an area found to be free from apple maggot (and plum curculio in Utah and in any other state where plum curculio is detected) and were grown in a commercial orchard and have not been placed under quarantine by the origin state or the director.

(8) All commercial fresh fruit of apple (including crabapple), cherry, hawthorn (haw), plum, and prune produced in counties in the states of California, Idaho, Oregon, and Utah where apple maggot is known to occur, or all commercial fresh fruit listed in WAC 16-470-110 produced in counties in the state of Utah where plum curculio is known to occur may move into Washington under permit, when permit provisions have been authorized by the director and formally accepted by the origin state.

(9) All commercial fresh fruit of apple (including crabapple) and hawthorn (haw) produced in ((or)) an area under quarantine in Washington state and shipped ((from any location)) to or through an area not under quarantine in Washington state. The director may pursuant to RCW 17.24.105 prescribe specific regulatory or control measures to apply within designated areas to prevent or minimize the possible movement of apple maggot from commercial orchards. The following action shall be taken when it has been determined that the commercial fruit that is to be shipped from an area under quarantine to or through an area not under quarantine may be infested with or threatened with infestation by apple maggot or plum curculio.

(a) All fresh fruit of apple (including crabapple) and hawthorn (haw) (except graded culls - see (b) of this subsection) shall be sampled by an authorized agency inspector, following accepted agency and industry standards.

(i) If found to be free from apple maggot or plum curculio, a certificate as provided for in WAC 16-470-120(1) shall be issued.

(ii) If found to be infested with apple maggot or plum curculio, one or more of the following procedures shall be prescribed before any fresh fruit of apple (including crabapple) and hawthorn (haw) are moved from designated or quarantined areas.

(A) Fresh fruit to be exposed to controlled atmosphere (CA) storage as provided in WAC 16-470-120(4).

(B) Fresh fruit to be exposed to cold storage as provided in WAC 16-470-120(5).

(C) Other methods as may be prescribed by the director.

(b) Graded culls shall be subject to (a)(ii) (A) or (B) of this subsection or other requirements as prescribed by the director.

(10) All commodities as described in WAC 16-470-110 known or found to be infested with or damaged by apple maggot or plum curculio shall not be sold, held for sale, or offered for sale, except as provided for in WAC 16-470-120 (4) or (5).



[Statutory Authority: Chapter 17.24 RCW. 85-15-007 (Order 1862), 16-470-120, filed 7/8/85; 84-10-039 (Order 1822), 16-470-120, filed 5/1/84, effective 7/1/84.]

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