WSR 00-22-045

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed October 26, 2000, 2:02 p.m. ]

Date of Adoption: October 26, 2000.

Purpose: Revise rule for purposes of clarity and uniformity with general rule requirements found in WAC 16-228-1231. Also, in certain situations individuals need to purchase one-gallon quantities of phenoxy type materials to control noxious weeds. The changes require that liquid formulations of (phenoxy hormone-type such as 2,4-D, and MCPA) distributed in quantities greater than one gallon in counties located east of the crest of the Cascade Mountains shall be sold and distributed only by licensed pesticide dealers to certified applicators or their duly authorized representatives. This rule allows for those purchases without requiring the individual to be licensed to purchase restricted use pesticides.

Citation of Existing Rules Affected by this Order: Chapter 16-600 [16-230] WAC, rules related to restricted use herbicides statewide; amending WAC 16-230-615.

Statutory Authority for Adoption: Chapters 17.21 and 15.58 RCW.

Adopted under notice filed as WSR 00-18-108 on September 6, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

October 19, 2000

James M. Jesernig

Director


AMENDATORY SECTION(Amending Order 2073, filed 2/26/91, effective 3/29/91)

WAC 16-230-615
Restricted use herbicides -- Eastern Washington -- Sale and distribution.

Liquid formulations of restricted use herbicides distributed in ((packages)) quantities larger than one gallon in counties located east of the crest of the Cascade Mountains shall be sold and distributed only by licensed pesticide dealers to certified applicators or their duly authorized representatives((: Provided, That liquid amine formulations of any concentration of restricted use herbicides in containers up to and including one gallon in size is allowed in all counties located east of the crest of the Cascade Mountains)).

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), 16-230-615, filed 2/26/91, effective 3/29/91; 87-09-015 (Order 1923), 16-230-615, filed 4/6/87; 80-03-041 (Order 1680), 16-230-615, filed 2/20/80.]

Washington State Code Reviser's Office