WSR 98-09-071

PERMANENT RULES

DEPARTMENT OF AGRICULTURE

[Filed April 20, 1998, 12:25 p.m.]



Date of Adoption: April 20, 1998.

Purpose: To adopt rules that establish a seed potato isolation district in Whatcom County, limiting commercial potato production within the boundaries to that enrolled in the seed potato certification program.

Statutory Authority for Adoption: Chapter 15.15 RCW.

Adopted under notice filed as WSR 98-05-106 on February 18, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 5, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 5, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

April 20, 1998

James M. Jesernig

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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