Original Notice.

Preproposal statement of inquiry was filed as WSR 99-03-091.

Title of Rule: Grape virus quarantine, chapter 16-483 WAC.

Purpose: To protect the state's grape and grape related industries from establishment of plant virus diseases commonly found in stock from other areas of the nation.

Statutory Authority for Adoption: Chapters 15.13 and 17.24 RCW.

Statute Being Implemented: Chapters 15.13 and 17.24 RCW.

Summary: The proposed amendments to the existing quarantine eliminate one viral disease (stem pitting) from the list of quarantine diseases. They also convert the rule to clear and readable format and utilize terminology consistent with current industry practice and statutory language. Some provisions have been removed or repealed because they duplicate provisions of statute.

Reasons Supporting Proposal: Sophisticated new methods of testing have found stem pitting virus in certified planting stock from California, which has historically supplied significant portions of the wine grape industry. There is currently no practical way to segregate less active stains of the virus or to produce in-state uninfected planting stock in adequate amounts to supply Washington industry. This action will bring the rule into compliance with the principles of plant quarantine and NAPPO standards.

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

Name of Proponent: Washington State Department of Agriculture, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rule preserves Washington's wine grape and other grape related industries from establishment of several grape virus diseases common in most other states. This confers an advantage to Washington growers, as their stock is healthier and more desirable, and it may confer a market advantage over grape planting stock from other areas. Since the remaining viruses are not known to occur in this state, the rule changes will bring the rule into compliance with proposed NAPPO standards, facilitating trade in the NAFTA community.

Proposal Changes the Following Existing Rules: The proposal removes one of the four viruses currently listed as quarantine pests from the existing rules. The proposal responds to recent discovery of stem pitting virus in certified grape planting stock from the California program. There is no evidence of stem pitting virus in Washington-produced certified planting stock; however, there is not enough in-state production of grapevines to supply current needs of our industry. California stock, which still certified for the remaining three viruses, is the most virus-free stock available to fill the remaining need. The effect of this rule would be to allow importation of California certified stock to continue, even though it is no longer certified as stem pitting free. Another effect of this rule change would be to bring the rule into compliance with NAPPO standards and the accepted principles of plant quarantine, as it appears an unknown number of Washington vineyards planted in the past from what was thought to be stem pitting-free stock may actually be infected. Since the disease appears to already be established to an unknown extent in this state, a quarantine for this disease may no longer be justified.

Other changes involve alterations of terminology to reflect current industry practice and statutory language, removal of provisions duplicated in the enabling statutes, and use of clear and readable format.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rule changes will have a net neutral or beneficial effect on affected parties. The current rule requires that all grape planting stock imported from other states be certified free from four virus diseases, including stem pitting. This has historically limited the source of most grape planting stock issued in Washington to in-state production (which cannot currently supply the state industry's needs) and to California certified stock. Due to a very recent change in circumstances (that is, the decertification of California certified stock for stem pitting virus), continuing this restriction would eliminate a necessary source of planting stock for next spring and beyond, and there is no anticipated adequate substitute source available at this time. Continuation of the current rule, without the proposed changes, would particularly negatively impact the Washington wine grape production industry. Also, since it appears that stem pitting virus has already unknowingly been imported into this state, it does not appear that continuing to allow California certified stock to be imported will materially negatively affect the existing long-term health of Washington vineyards.

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 Irrigated Agriculture Research and Extension Center (IAREC), West Building Conference Room, 24106 North Bunn Road, Prosser, WA, on January 26, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Mary Frazee by January 19, 2000, 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, e-mail mtoohey@agr.wa.gov, fax (360) 902-2094, by January 26, 2000.

Date of Intended Adoption: February 2, 2000.

December 22, 1999

Mary A. Martin Toohey

Assistant Director

The production of wine grapes, ((table)) juice grapes, and grape ((plant nursery)) planting stock are important industries in the state of Washington.      The director has determined that these industries are threatened by the introduction and establishment of the virus diseases known as leafroll, fanleaf, and corky bark((, and stem pitting)) that are not ((established)) known to occur in the state of Washington.      The presence of these virus diseases cannot be determined by the most rigorous visual examination of dormant grape ((plants or propagative parts of grape plants.      Introductions)) planting stock. The introduction and establishment of these virus diseases would entail great economic loss to the ((horticultural)) grape industries of the state.      To ((prevent)) minimize this ((harm)) risk, the director, under the authority provided in chapter 17.24 RCW, has established a quarantine setting forth rules for the importation of grape planting stock into the state of Washington.

[Statutory Authority: Chapters 15.13 and 17.24 RCW.      91-21-042, § 16-483-001, filed 10/11/91, effective 11/11/91; Order 1146, § 16-483-001, filed 3/16/70, effective 5/1/70.]

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

(((2))) "Director" means the director of the Washington state department of agriculture or the director's authorized representative.

(((3))) "Grape ((plants and propagative parts)) planting stock" means live plants, hardwood cuttings, softwood cuttings, rootstocks, and any other parts of the grape plant (vitis species), except fruit, capable of propagation.

(((4))) "Official certificate" means a document issued by an official ((inspection agency)) plant protection organization including but not limited to phytosanitary certificates, inspection certificates, or other letters, tags, stamps, or similar documents certifying plant quality or condition.

[Statutory Authority: Chapters 15.13 and 17.24 RCW.      91-21-042, § 16-483-005, filed 10/11/91, effective 11/11/91.]

Areas under quarantine ((for grape virus)) include all states and territories of the United States outside of the territorial borders of the state of Washington.

[Statutory Authority: Chapters 15.13 and 17.24 RCW.      91-21-042, § 16-483-010, filed 10/11/91, effective 11/11/91; Order 1146, § 16-483-010, filed 3/16/70, effective 5/1/70.]

All ((plants and plant parts capable of propagation (except fruit) of grapes are)) grape planting stock is regulated under the terms of ((the grape virus)) this quarantine.

[Statutory Authority: Chapters 15.13 and 17.24 RCW.      91-21-042, § 16-483-020, filed 10/11/91, effective 11/11/91; Order 1146, § 16-483-020, filed 3/16/70, effective 5/1/70.]

Grape ((plants and propagative parts)) planting stock will be admitted into the state of Washington provided the following provisions are complied with:

(1) The grape ((plants or propagative parts have been)) planting stock has been certified in accordance with the regulations of an official ((state agency, which)) grapevine certification program that includes inspection and testing by ((indexing on suitable indicator hosts)) methods approved by the director for fanleaf, leafroll, ((stem pitting,)) and corky bark virus diseases.      ((All shipments of such grape cuttings shall be accompanied by a certificate issued by an agency of the state of origin certifying that the grape plants or cuttings were produced under official certification regulations and meet official certification standards as to freedom from fanleaf, leafroll, stem pitting, and corky bark virus diseases.)) An official certificate issued by the plant protection organization of the state of origin certifying that the grapevines meet the requirements of this chapter must accompany the grape planting stock into the state.

(2) All shipments of grape ((nursery)) planting stock ((shall)) must be plainly marked with the contents on the outside of the package or container.

(3) Persons shipping or transporting ((regulated articles, identified in WAC 16-483-020,)) grape planting stock into this state from areas under quarantine shall notify the ((department's plant protection branch by United States)) department by mail or ((telefax)) telefacsimile prior to shipment. The notification must include ((of)) the nature ((and)) of the grape planting stock (such as live plants, hardwood cuttings, softwood cuttings, rootstocks, or other similar categories), the quantity ((of)) in each shipment, the expected date of arrival ((at destination)), the name of the intended receiver and the destination.      The person to whom the articles are shipped shall hold the ((same)) articles until ((they are)) the grape planting stock is inspected and/or released by the department.

[Statutory Authority: Chapters 15.13 and 17.24 RCW.      91-21-042, § 16-483-030, filed 10/11/91, effective 11/11/91; Order 1146, § 16-483-030, filed 3/16/70, effective 5/1/70.]

((All grape plants or parts thereof arriving in the state of Washington in violation of the provisions of the grape virus quarantine, shall be refused admittance into the state of Washington, or shall be immediately sent out of the state or destroyed at the option and expense of the owner or owners, or their responsible agents.)) The department will refuse admittance into the state grape planting stock not meeting the requirements of this chapter. For grape planting stock shipped into the state in violation of this chapter, the department will give the owner or the owner's responsible agent the option of destroying the material or immediately sending it out of the state.

[Statutory Authority: Chapters 15.13 and 17.24 RCW.      91-21-042, § 16-483-040, filed 10/11/91, effective 11/11/91; Order 1146, § 16-483-040, filed 3/16/70, effective 5/1/70.]

The restrictions on the movement of regulated articles set forth in this chapter ((shall)) do not apply to grape ((plants or propagative parts)) planting stock imported for experimental or trial purposes by the United States Department of Agriculture ((and the state experiment stations in the state of Washington:)) or Washington State University: Provided, ((That a permit to import is issued by the director of agriculture.)) a permit issued by the director is obtained.

[Statutory Authority: Chapters 15.13 and 17.24 RCW.      91-21-042, § 16-483-050, filed 10/11/91, effective 11/11/91; Order 1146, § 16-483-050, filed 3/16/70, effective 5/1/70.]

     The following section of the Washington Administrative Code is repealed:

WAC 16-483-060

Grape virus quarantine -- Violation and penalty.

© Washington State Code Reviser's Office