PERMANENT RULES
Date of Adoption: October 3, 2000.
Purpose: To amend the existing rules regarding barberry and black stem rust quarantine. Amendments reflect changes in federal quarantine regulations/practices and bring the rule into compliance with legislative mandates such as regulatory reform and use of clear and readable format.
Citation of Existing Rules Affected by this Order: Repealing WAC 16-472-050; and amending WAC 16-472-010, 16-472-020, 16-472-030, and 16-472-040.
Statutory Authority for Adoption: Chapters 17.24, 15.13, and 15.08 RCW.
Adopted under notice filed as WSR 00-16-110 on August 2, 2000.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 3, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 1.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 1. Effective Date of Rule: Thirty-one days after filing.
October 3, 2000
Jim Jesernig
Director
OTS-4200.2
AMENDATORY SECTION(Amending Order 556, effective 9/1/49)
WAC 16-472-010
Establishing quarantine -- Promulgation.
(((1) Whereas, the fact has been determined and notice is hereby
given that)) The common barberry, (Berberis vulgaris) and many of
its horticultural varieties as well as certain other species of
Berberis, Mahonia, and Mahoberberis are the alternate host plants
of the disease ((known as)) black stem rust, caused by ((an)) the
organism Puccinia graminis((, which)). Black stem rust attacks
wheat, oats, barley ((and)), rye, and many other cultivated and
wild grasses, often resulting in material financial loss to
growers of these crops in Washington((, and whereas, the spread
of this plant disease throughout the state of Washington would
entail great loss to the agricultural interests of this state,
(2) Now, therefore, I, Sverre N. Omdahl,)). Without access
to alternate host plants, Puccinia graminis cannot reproduce, and
black stem rust is eliminated or greatly decreased. The director
of agriculture ((of the state of Washington)), under authority
((vested in me by RCW 17.24.030, in order to prevent the spread
of black stem rust caused by an organism Puccinia graminis, do
hereby proclaim and establish a quarantine effective throughout
the state of Washington prohibiting the maintenance, propagation,
sale or movement throughout the state of Washington, of species
and varieties of Berberis, Mahonia, and Mahoberberis determined
to be alternate hosts of this disease, including any plants,
cuttings, stalks, scions, buds, fruits, seeds or parts of these
plants capable of propagation)) granted by chapters 17.24, 15.13
and 15.08 RCW, has determined that the regulation and exclusion
of rust susceptible varieties of barberry and related Berberis,
Mahonia, and Mahoberberis species is necessary to protect
agricultural crops of the state of Washington.
[Order 556, effective 9/1/49.]
((It shall be the duty of all firms, corporations,
private individuals, and other persons)) (1) Persons owning or
controlling ((lands, or places in this state, and all public
authorities having jurisdiction over streets, highways, parks,
public lands, irrigation canals, diking districts, and other
public places, to forthwith)) public or private lands in Adams,
Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin,
Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend
Oreille, Spokane, Stevens, Walla Walla, Whitman, or Yakima
counties are required to destroy all rust-susceptible barberry
bushes ((from said premises)) and to keep the ((same)) land free
from such plants.
(2) No person who is or should be licensed as a nursery dealer under provisions of chapter 15.13 RCW may sell, offer for sale, ship or grow any rust susceptible variety of barberry or related Berberis, Mahonia, and Mahoberberis species, as defined in 7 C.F.R. 301.38-2.
[Order 556, effective 9/1/49.]
No restrictions are placed by ((these
regulations)) this rule on the growing or intrastate movement of
rust-resistant ((Barberry)) Berberis, Mahonia, and Mahoberberis
plants, plant parts or seeds((; however, these shall consist only
of those species and horticultural varieties designated as
rust-resistant by the chief of the Bureau of Entomology and Plant
Quarantine of the United States Department of Agriculture in
section 301.38-5 of Federal Quarantine No. 38)), as defined in
United States Department of Agriculture Animal and Plant Health
Inspection Service regulations in 7 C.F.R. 301.38-2.
This rule does not apply to cuttings (without roots) of
Mahonia shipped for decorative purposes and not for propagation
((do not come under these restrictions)).
[Order 556, effective 9/1/49.]
(1) All intrastate and interstate shipments and/or
individual packages of Berberis, Mahonia or Mahoberberis plants,
seeds, or parts ((thereof)) capable of propagation must be
plainly labelled or stamped on the outside of the package ((as
to)) with botanical species or horticultural variety and ((must
be plainly marked with)) the name and address of the consignee
and consignor. In addition, when required by federal
((quarantine No. 38, revised)) regulations in 7 C.F.R. 301.38,
each shipment and/or individual package containing Berberis,
Mahonia or Mahoberberis plants or seeds ((shall)) must have
securely attached to the outside ((thereof)), a valid shipping
permit issued by the United States Department of Agriculture
authorizing ((the)) its interstate movement ((of regulated
products)).
(2) Any ((and all employees and designated agents of the
horticultural division of the state department of agriculture,
are hereby empowered and instructed to intercept, condemn, and
destroy, or return to shipper at his expense,)) Berberis, Mahonia
and Mahoberberis plants, plant parts or seeds ((moved)) that are
in violation of ((and not marked in accordance with the above
regulations. All authorized persons mentioned above also are
empowered and instructed to enforce all other provisions of this
order.
(3) Articles subject to destruction in these regulations may be moved interstate and intrastate by the United States Department of Agriculture for experimental or scientific purposes, on such conditions and under such safeguards as may be prescribed by the Bureau of Entomology and Plant Quarantine. The container of articles so moved shall have securely attached to the outside thereof an identifying tag from the Bureau of Entomology and Plant Quarantine, showing compliance with such conditions)) this barberry and black stem rust quarantine are subject to destruction, shipment out-of-state or other disposition in a manner prescribed by the department. Any such action will be at the expense of the owner or owner's agent and without compensation.
[Order 556, effective 9/1/49.]
The following section of the Washington Administrative Code is repealed:
| WAC 16-472-050 | Recisions of previous conflicting regulations. |