WSR 02-15-076

AGENDA

DEPARTMENT OF AGRICULTURE


[ Filed July 15, 2002, 9:57 a.m. ]

Following is the Department of Agriculture's semi-annual rules development agenda for the period July 1, 2002, through December 31, 2002, which is being sent to you in compliance with RCW 34.05.314.

If you have any questions, please call (360) 902-1802 or e-mail ghuffman@agr.wa.gov.


Washington State Department of Agriculture

Semi-Annual Rules Agenda, July 1, 2002 - December 31, 2002

P.O. Box 42560, Olympia, WA 98504-2560


WAC Number Rule Title Agency Contact CR-101 Tentative Timeline CR-102 CR-103 Subject of Rule Making

Pesticide Management Division
WAC 16-200-750 through 16-200-887 Rules relating to commercial feeds Ali Kashani

Pesticide Registration

Pesticide Management Division

phone (360) 902-2028

7-02 11-02 2-03 As part of the department's Executive Order 97-02 rule review process, WAC 16-200-750 through 16-200-887 will be revised to:

Increase the safety of animal feed by adapting applicable sections of Part 589.2000 of Title 21 of the Code of Federal Register [Regulations] (Animal proteins prohibited in ruminant feed) to WSDA feed rules.

Increase consistency between WSDA feed rules and the feed rules of many other states as well as the Association of American Feed Control model regulations, thus improving free trade between states. Specifically, the 2002 applicable model regulations of the Association of American Feed Control officials will be incorporated into WSDA feed rules.

Clarify the language of the existing feed rule.

Update the current feed rule to reflect changes within the feed industry.

WAC 16-201-010 through 16-201-290, WAC 16-202-2000, and WAC 16-200-600 through 16-200-739 Civil penalty matrix Ted Maxwell

Pesticide Registration

Pesticide Management Division

phone (360) 902-2026

6-19-02 10-2-02 12-18-02 To adopt rules establishing a method for determining civil penalties for violations of chapter 15.54 RCW and WSDA rules regulating fertilizer bulk storage secondary containment, fertigation, and fertilizer registration and distribution.
WAC 16-228-1010 Definitions Cliff Weed

Program Manager

Pesticide Compliance

phone (360) 902-2036

4-2-01 To be determined To be determined Correct grammar; add wording regarding pollen shedding corn, methyl parathion (allow for elimination of the methyl parathion pollen shedding corn orders, eliminate wording on cancelled uses); correct editing errors and combine wording in some sections; drop sections and move sections relating to recordkeeping for distributors to two new sections for clarity and accuracy; allow the department to issue more overall permits for EUPs (efficiency); modify pesticide licensing examination requirements (agency policy clarified in rule).
WAC 16-228-1235 through 12371 Rules restricting the use of clopyralid Cliff Weed

Program Manager

Pesticide Compliance

phone (360) 902-2036

Fall 2002 To be determined To be determined After monitoring the effectiveness of the new rules adopted in May 2002, the department may initiate rule making after analyzing the monitoring results and based upon recommendations from the clopyralid technical advisory committee.
WAC 16-228-2000 through 2040 Wood destroying organisms Cliff Weed

Program Manager

Pesticide Compliance

phone (360) -902-2036

2-27-01 7-3-02 9-02 Amend rules related to wood destroying organism inspections to provide greater clarity to the regulated industry and greater protection to consumers.
WAC 16-229-010 Definitions Cliff Weed

Program Manager

Pesticide Compliance

phone (360) 902-2036

8-22-01 5-02 To be determined Amend the current definition of pesticide temporary field storage containers to allow containers of more than 2,500 gallons.
Laboratory Services Division
Chapter 16-321 WAC Grass sod -- Certification standards Tom Wessels

Program Manager

Plant Services Program

Lab Services Division

phone (360) 902-1984

2-27-01 To be determined To be determined Update the sod certification program rules to reflect current industry and program practices, scientific knowledge and statutory requirements. In addition, they will be rewritten in clear language and an easier to read format.
Chapter 16-674 WAC Weights and measures -- Sealing, marking, retesting devices Jerry Buendel

Washington State Department of Agriculture,

Weights and Measures Program,

P.O. Box 42560, Olympia, WA 98502-3525, or e-mail jbuendel@agr.wa.gov

4-3-02 6-5-02 7-22-02 Retitled the chapter to more accurately describe its content and amended sections to clarify weighmaster licensing and operating requirements. The amendments update exemptions for certain weighing or measuring devices or instruments. Weighmasters are now required to register weighing and measuring devices when the devices are placed into commercial use. Three sections regarding fees for inspections, tests, grain elevator scale tests and railroad track scales are repealed and in modified form moved to chapter 16-675 WAC. The fees in these modified sections were increased within the fiscal growth factor for FY 2003. Finally, the chapter was rewritten in a clear and readable format and updated to conform to current industry standards.
Chapter 16-675 WAC Calibration services Jerry Buendel

Washington State Department of Agriculture,

Weights and Measures Program,

P.O. Box 42560, Olympia, WA 98502-3525, or e-mail jbuendel@agr.wa.gov

4-3-02 6-5-02 7-22-02 Amendments increase fees for service in the Washington State Department of Agriculture weights and measures program to offset the costs of furnishing the services. The fee increases are within the fiscal growth factor for FY 2003. The chapter was also retitled to "Calibration Services, Special Inspection and Testing Fees." The department moved sections formerly located in chapter 16-674 WAC establishing fees for special inspections and tests and fees for railroad track scales to this WAC. This change places all weights and measures fees for services in one chapter. The chapter was rewritten in a clear and readable format and updated to conform to current industry standards.
Chapter 16-401 WAC Nursery inspection fees Tom Wessels

Program Manager

Plant Services Program

Lab Services Division

phone (360) 902-1984

7-3-02 9-02 11-02 The chapter will be amended to allow for assessing grapevines. Rule language will be developed with the help of a grape advisory committee. Industry suggests adopting an assessment rate before next year's nursery crop is planted.
Chapter 16-487 WAC Prunus disease quarantine Tom Wessels

Program Manager

Plant Services Program

Lab Services Division

phone (360) 902-1984

7-02 10-02 12-02 In order to meet federal standards, rules may require that all prunus stock coming into Washington state be tested for plum pox.
NEW Labeling rules for nursery stock Tom Wessels

Program Manager

Plant Services Program

Lab Services Division

phone (360) 902-1984

9-02 12-02 To be determined Rules would implement statutory requirement that nursery stock offered for sale in Washington state be labeled with the botanical name of the stock.
NEW Blueberry planting stock certification Tom Wessels

Program Manager

Plant Services Program

Lab Services Division

phone (360) 902-1984

1-23-01 To be determined To be determined Rules regulating the certification of blueberry planting stock may be needed to enable the industry to combat the spread of plant pests and export planting stock overseas.
Food Safety, Animal Health and Consumer Services Division
Chapter 16-89 WAC Sheep and goat scrapie disease control Robert W. Mead,

DVM, Food Safety, Animal Health and Consumer Services

phone (360) 902-1881

12-19-01 9-02 11-02 In order for Washington state to maintain its status as a complaint [compliant] state, the state scrapie rules must be amended by January 1, 2003, to remain in compliance with recently adopted federal rules.
Chapter 16-101X WAC Dairy penalty matrix Claudia Coles

Program Manager

Food Safety,

Animal Health and Consumer Services

phone (360) 902-1905

8-21-02 11-20-02 To be determined Amend the chapter to include the assessment of civil penalties as an equivalent penalty action to degrades (lowering in grade from A to C) for violations of chapter 15.36 RCW. The proposed amendments will encourage compliance with dairy regulations, streamline the penalty process, bring WSDA enforcement strategies in line with interstate requirements, and reduce the burden on the dairy industry when milk must be rerouted and often disposed as a result of the degrade action.
Chapter 16-157 WAC Organic food standards and certification Miles McEvoy

Organic Food Program Manager,

Food Safety, Animal Health and Consumer Services

phone (360) 902-1924

7-02 10-02 To be determined Based upon information coming from the national organic program (NOP), WSDA's organic program will need to revise chapter 16-157 WAC to bring it into compliance with NOP standards.
Chapter 16-160 WAC Registration of materials for organic food production Miles McEvoy

Organic Food Program Manager,

Food Safety, Animal Health and Consumer Services

phone (360) 902-1924

11-02 To be determined To be determined The department has adopted the national organic program in Washington state requiring that chapter 16-160 WAC be amended to comply with NOP material standards.
Agency Operations Division
NEW WSDA procedural rules for funding one-half of the WSDA commodity commission coordinator position Deborah Anderson

Commodity Commission Coordinator

phone (360) 902-2043

4-3-02 6-19-02 8-1-02 To implement sections 7, 44 and 72-78, chapter 313, Laws of 2002 (ESHB 2688), authorizing department rules establishing a method for funding, from all commodity boards and commissions, one-half of the WSDA commodity commission coordinator position.
Commodity Inspection Division
Chapter 16-449 WAC

Chapter 16-459 WAC

Chapter 16-690 WAC

Washington controlled atmosphere storage requirements for winter pears

Controlled atmosphere storage

Fruit storage

Jim Quigley

Program Manager

Commodity Inspection Division

phone (360) 902-1883

8-7-02 Combine the three chapters into one chapter containing the controlled atmosphere requirements for fruits and vegetables.
Chapter 16-448 WAC Standards for potatoes Jim Quigley

Program Manager

Commodity Inspection Division

phone (360) 902-1883

8-7-02 Update the chapter to reflect the current federal marketing order and United States potato grading standards. Also, amend the chapter to allow the fruit and vegetable inspection program to offer alternative inspection programs such as quality control inspections involving the issuance of a certificate of compliance and/or permit.
WAC 16-400-008 Reduction of inspection fees levied under this chapter Jim Quigley

Program Manager

Commodity Inspection Division

phone (360) 902-1883

N/A N/A 7-1-02 Emergency rule to implement statutory changes, chapter 322, Laws of 2002 (SSB 6254). Adopting new section that reduces fees for inspection services in the old Moses Lake District by 9.5% and reduces inspection fees in the Yakima District by 12.5%.
Chapter 16-458 WAC Fruit and vegetable inspection district boundaries Jim Quigley

Program Manager

Commodity Inspection Division

phone (360) 902-1883

N/A N/A 7-1-02 Emergency rule to implement statutory changes, chapter 322, Laws of 2002 (SSB 6254). Repeal WAC 16-458-080 Fruit and vegetable district three thus eliminating the Moses Lake District. Amending WAC 16-458-075 and 16-458-085 to divide the former Moses Lake District service area between Yakima and Wenatchee.
WAC 16-400-008 Reduction of inspection fees levied under this chapter Jim Quigley

Program Manager

Commodity Inspection Division

phone (360) 902-1883

7-2-02 8-7-02 9-27-02 Permanent rules to implement statutory changes and replace emergency rules filed on July 2, 2002. Tentative effective date of the permanent rules is October 28, 2002.
Chapter 16-458 WAC Fruit and vegetable inspection district boundaries Jim Quigley

Program Manager

Commodity Inspection Division

phone (360) 902-1883

7-2-02 8-7-02 9-27-02 Permanent rules to implement statutory changes and replace emergency rules filed on July 2, 2002. Tentative effective date of the permanent rules is October 28, 2002.

George Huffman

Rules Coordinator

Washington State Code Reviser's Office