Title of Rule: Rules relating to onion white rot quarantine, chapter 16-470 WAC.

Purpose: To amend the existing rule to reflect changes in terminology and to comply with legislative mandates such as regulatory reform and use of clear and readable format.

Statutory Authority for Adoption: Chapter 17.24 RCW.

Statute Being Implemented: Chapter 17.24 RCW.

Summary: Onion white rot is a fungal disease which is known to infect portions of most other states and most counties in Washington, except Adams, Franklin, and Grant counties. These three counties are currently uninfested. It is a serious disease of onions and other Allium sp. which is extremely persistent in soil. Once a field is infested, it is extremely unlikely to ever be able to grow onion crops successfully. The existing rule has contributed to preventing infestation of the three counties and is acceptable to onion growers. The proposed changes are updates which do not alter the regulatory impacts of the existing rules.

Reasons Supporting Proposal: The proposed changes update the structure and terminology of the existing rule to international standards. The changes also incorporate clear and readable format and bring the rule into compliance with legislative mandates such as regulatory reform.

Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907; Implementation: Clinton Campbell, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-2071; 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 existing rule protects three counties in eastern Washington from infestation by the fungus that causes onion white rot. Once this disease infests the soil of a field, it is no longer practical to use the field for onion production. The three counties - Adams, Franklin and Grant - are not infested at this time. The quarantine has been in effect since 1985, and it appears to be successful, as the disease has not spread to these counties.

     The Washington State Department of Agriculture consulted with affected onion growers and found support for the current provisions of the rule. The proposed changes do not impact the regulated group and are technical in nature.

Proposal Changes the Following Existing Rules: Proposed changes do not change the regulatory impacts of the existing rule and should not have any effect on the regulated parties. The structure and some of the terminology in the rule is altered for clarity and for closer compliance with the authorizing statute. The "quarantine area" has been redefined and a "pest free area" has been added in order to make the rule consistent with internationally accepted terminology. A definitions section has been added. More detail regarding the reasons that onion white rot is a pest of quarantine significance has been added.

October 4, 2000

Mary A. Martin Toohey

Assistant Director

(((1))) Onion white rot is a potentially devastating disease of onions and closely related species, which causes greatly decreased yields and reduced storage quality. It is spread primarily by movement of contaminated water, soil, equipment, tools, machinery, and infested plants and plant parts. Onion white rot disease is caused by Sclerotium cepivorum, a fungus. Once a field is infested, the disease remains indefinitely in the soil. The director finds that onion white rot disease is detrimental to the onion industry of Washington state and ((a)) establishes a quarantine ((is established)) to prevent ((the spread)) introduction and ((introduction)) spread of ((onion white rot)) the disease ((caused by Schlerotium cepivorum, a fungus,)) within noninfested areas of Washington state.

     (((2) The following definition shall apply to WAC 16-470-300 through 16-470-340: "Onion" means any Allium spp. including but not limited to onion, garlic, leek, chive, or shallots.))

[Statutory Authority: Chapter 17.24 RCW.      86-07-020 (Order 1881), § 16-470-300, filed 3/12/86; 85-20-043 (Order 1873), § 16-470-300, filed 9/25/85.]

The following definitions apply to WAC 16-470-300 through 16-470-340:

     (1) "Onion" means any plant of the Allium genus, including but not limited to onion, garlic, leek, chive and shallots.

     (2) "Pest free area for onion white rot" means Adams, Franklin and Grant Counties.

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The area under exterior quarantine for onion white rot disease is all states of the United States. The area under interior quarantine for onion white rot disease is all counties of Washington state ((includes Adams, Franklin, and Grant counties)).

[Statutory Authority: Chapter 17.24 RCW.      85-20-043 (Order 1873), § 16-470-310, filed 9/25/85.]

The following restrictions are declared to be the proper methods for the control and prevention of the introduction of onion white rot disease. which shall be used in the ((quarantine)) pest free area for onion white rot ((described in WAC 16-470-310)):

     (1) No person shall import onion bulbs, sets or seedlings into the ((quarantine)) pest free area for onion white rot for the purpose of planting or propagation ((bulbs, sets, or seedlings of onion, garlic, leek, chive, shallots, or other Allium spp.)), except those produced in and shipped from any area of this state or other states where onion white rot is not known to occur.((, and e))Each shipment ((shall)) must be certified to be free from white rot disease by the pest protection organization of the ((origin)) state ((department of agriculture)) where the onion planting stock was produced.

     (2) Except as provided in this chapter, no person shall in any manner import or move soil, machinery, tools, or equipment into the ((quarantine)) pest free area for onion white rot, ((which)) if the soil, machinery, tools, or equipment have been previously used in any manner ((on)) in fields outside the ((quarantine)) pest free area for onion white rot ((where the host plants named in subsection (1) of this section have been cultivated.))      Machinery, tools or equipment may be imported or moved into the ((quarantine)) pest free area for onion white rot with prior approval from the department,((: Provided, That)) T((t))he soil, machinery, tools or equipment must be ((are)) cleaned and ((sterilized)) sanitized to the satisfaction of the department prior to movement into the pest free ((quarantine)) area for onion white rot.      The cleaning shall include the thorough removal of all ((dirt)) soil and debris by the use of steam under pressure.      Sanitation ((Sterilization shall)) must be accomplished by the use of steam or other methods approved by the department.      For the purposes of this section, "machinery, tools or equipment" includes but is not limited to vehicles, farm trucks, harvesters, and tillage equipment.

     (3) The department may stop the movement ((of any machinery, tools, or equipment)) into or within the pest free ((quarantine)) area for onion white rot of any machintery, tools, or equipment that has ((which have)) not been cleaned and ((sterilized)) sanitized as provided in this section.

     (4) No person shall knowingly import into the ((quarantine)) pest free area for onion white rot livestock which have been pastured on irrigated fields known to be infested with white rot or which have been fed white rot infested plant parts.((; nor shall w)) Onion white rot infested plant parts may not be imported into the quarantine area for livestock feed.((; nor shall)) Onion white rot infested plant parts found in the pest free ((quarantined)) area for onion white rot may not be fed to livestock.      No restrictions are imposed by this section ((quarantine)) on livestock moving to feed lots, sale yards, or exhibition sites (such as fairgrounds, shows, etc.) in the pest free ((quarantined)) area for onion white rot.

[Statutory Authority: Chapter 17.24 RCW.      85-20-043 (Order 1873), § 16-470-320, filed 9/25/85.]

(1) The department may inspect any onions or onion planting areas within the ((quarantine)) pest free area for onion white rot during any time of the year to determine whether the disease organism is present.      If the department finds ((that any onions, whether they are being transported, or any fields are infested with)) the disease organism in onions at any stage of production or transportation or in land, the department may seize any infested onions which are separated from the land on which they were grown, or by written order direct the control and eradication of an infestation.      ((The written order shall be mailed or hand delivered to the onion grower or field owner.))

     (2) Movement of infested onions within the ((quarantine)) pest free area for onion white rot or removal of infested onions from the ((quarantine)) pest free area for onion white rot must ((shall)) be carried out only with the department's prior approval and under its supervision.

     (3) Control and eradication methods that may be used are limited to ((shall be only)) those approved by the department ((and Washington State University and may)) They may include:

     (a) The destruction of any infested onions;

     (b) A directive that a specific part or all of any infested area be taken out of onion production;

     (c) A directive that any infested area be fenced, properly diked to prevent off-flow of irrigation or rainwater, and planted to an approved crop which will prevent soil erosion and will not require annual tillage;

     (d) Prohibiting the pasturing of animals on any infested area;

     (e) A directive that equipment, tools and machinery used on an infested area be cleaned and ((sterilized)) sanitized as described in WAC 16-470-320 prior to removal from the area.

[Statutory Authority: Chapter 17.24 RCW.      85-20-043 (Order 1873), § 16-470-330, filed 9/25/85.]

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