PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-03-080.
Title of Rule: General pesticide rules, chapter 16-228 WAC, WAC 16-228-1010, 16-228-1040, 16-228-1150, 16-228-1200, 16-228-1230, 16-228-1270, 16-228-1380, 16-228-1385, 16-228-1540, and 16-228-1580.
Purpose: Regulatory rule review to update regulations and clarify wording and requirements.
Statutory Authority for Adoption: Chapters 15.58, 17.21 RCW.
Statute Being Implemented: Chapters 15.58, 17.21 RCW.
Summary: Modifications to existing rules.
| WAC Number | Title | Initial Proposed Changes | Reason |
| WAC 16-228-1010 | Definitions. | (1) Add definition of "blossoming." (2) Add definition of "chemigation." (3) Add definition of "pollen shedding corn." |
Clarify when other rules are applicable. |
| WAC 16-228-1040 | Response time. | (1) Add "or alleged violation of Chapters 17.21 or 15.58 RCW or the accompanying rules." | Department must initiate an investigation if there is an alleged violation of laws or rules. |
| WAC 16-228-1150
|
Dispositions. | (1) Add "or notice of correction." | Consistency with regulatory penalties allowed in law. |
| WAC 16-228-1200 | Restrictions on distribution, transportation, storage and disposal. | (1) Add "Restrictions," "pesticide,"
"application" to title. (2) Change DSHS to DOH, subsection (9). (3) Add "illegible" to subsection (10). |
Title reflects content of rule. Reflects agency name change. The intent of the law is to prohibit sale when the label cannot be read. |
| WAC 16-228-1230
|
State restricted use pesticides. | (1) Revised section and combined with
aquatic pesticides. (2) Add "crop or site..." to dealer records. |
Consolidate general rules regarding the use of restricted use products and dealer record-keeping requirements. |
| WAC 16-228-1270 | Use of pesticides on small seeded vegetable seed crops. | (1) Add "clover" to list (crops grown only for seed). | Include clover seed in the list of nonfood, nonfeed crops (when grown for seed) in order to allow state use of certain pesticides. |
| WAC 16-228-1380 | Regulation of application of vertebrate control pesticides. | (1) Add "certified" to subsection (3)(c)
"The name of the firm and/or certified
applicator......." (2) Modify wording for tamper resistant bait boxes in subsection (3). |
Recognize that the certified applicator
is responsible. Clarify that the bait is allowed to be accessible to the target pest. |
| WAC 16-228-1385 | Compounds 1080, etc. | (1) Modify wording regarding certified
applicators. (2) Modify wording on placement of bait. |
Clarify that a certified applicator is
required. Clarify that the bait is to be inaccessible to humans or domestic animals. |
| WAC 16-228-1540 | Examination requirements. | (1) Add "and at other offices as scheduled" to subsection (1). | Allow for testing at other offices. |
| WAC 16-228-1580 | Change of exemptions. | Delete WAC. | Rule contents covered in law. |
| Chapter 16-228 WAC | General pesticide regulations. | (1) Change title to "General pesticide rules." | Contents are "rules," not "regulations." |
Reasons Supporting Proposal: Clarification and update.
Name of Agency Personnel Responsible for Drafting and Implementation: Ann Wick, Olympia, (360) 902-2051; and Enforcement: Cliff Weed, Olympia, (360) 902-2038.
Name of Proponent: Washington State Department of Agriculture.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Modify and update general pesticide regulations for clarity, add consistency with other laws or rules and add needed regulatory authority to existing rules.
Proposal Changes the Following Existing Rules: See Summary above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement was determined not to be required as the economic impact of the rule changes are minor.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not applicable to the Washington State Department of Agriculture.
Hearing Location: The videoconference hearing will be held at three sites throughout the state simultaneously. LACEY, DIS Interactive Technologies, 710 Sleater-Kinney Road S.E., Suite Q, Lacey, WA 98503, (360) 407-9487; SPOKANE, DIS Interactive Technologies, North 1101 Argonne, Suite 109, Spokane, WA 99201, (509) 921-2371; and YAKIMA, DIS Interactive Technologies, Yesterday's Village, 15 West Yakima Avenue, Suite 220, Yakima, WA 98902, (509) 454-7878; on October 10, 2000, at 7:00 p.m.
Assistance for Persons with Disabilities: Contact Laurie Mauerman by October 2, 2000, TDD (360) 902-1996.
Submit Written Comments to: Laurie Mauerman, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2093, by October 11, 2000.
Date of Intended Adoption: October 24, 2000.
August 18, 2000
Bob Arrington
Assistant Director
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 00-18 issue of the Register.