Preproposal statement of inquiry was filed as WSR 98-07-107.

Title of Rule: Chrysanthemum white rust disease quarantine, chapter 16-471 WAC.

Purpose: To repeal the quarantine.

Statutory Authority for Adoption: RCW 17.24.041.

Statute Being Implemented: RCW 17.24.041.

Summary: The existing state quarantine was designed to complement a federal quarantine governing international and interstate shipment of possible hosts of chrysanthemum white rust. Since then the federal regulations have changed, state standards for plant health have been modified, and our knowledge of the disease has expanded. The current rule is outdated and no longer necessary.

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

Name of Proponent: Thompson's Greenhouse and Skagit Gardens, private.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The existing state quarantine was designed to complement a federal quarantine governing international and interstate shipment of possible hosts of chrysanthemum white rust. Since then the federal regulations have changed, state standards for plant health have been modified, and our knowledge of the disease has expanded. The current rule is outdated and no longer necessary.

Proposal Changes the Following Existing Rules: It will repeal the existing chrysanthemum white rust quarantine.

No small business economic impact statement has been prepared under chapter 19.85 RCW. We are eliminating substantive regulatory requirements which are already covered under federal quarantine.

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 Department of Agriculture, 1111 Washington Street N.E., 2nd Floor, Conference Room 259, Olympia, WA 98504, on June 22, 1998, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Cathy Jensen by June 15, 1998, TDD (360) 902-1996, or (360) 902-1976.

Submit Written Comments to: Mary Toohey, Assistant Director, Washington State Department of Agriculture, Lab Services Division, P.O. Box 42560, Olympia, WA 98504-2560, FAX (360) 902-2094, by June 22, 1998.

Date of Intended Adoption: July 7, 1998.

May 6, 1998

Mary A. Martin Toohey

Assistant Director

REPEALER

The following chapter of the Washington Administrative Code is repealed:

WAC 16-471-010 Definitions.

WAC 16-471-015 Penalties.

WAC 16-471-020 Quarantine--Chrysanthemum white rust disease.

WAC 16-471-030 Area under quarantine.

WAC 16-471-040 Regulated articles.

WAC 16-471-050 Conditions governing the movement of regulated articles from an area under quarantine.

WAC 16-471-060 Plant and plant parts to be destroyed or treated--Interval before replanting.

WAC 16-471-070 Special permits and compliance agreements.

WAC 16-471-080 Notice of quarantine--Notice of destruction.