WSR 02-18-111

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed September 4, 2002, 9:02 a.m. ]

Subject of Possible Rule Making: Rules relating to WAC 16-228-1460 Experimental use permits.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 15.58, 17.21, and 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To clarify the requirements and restrictions that apply to individual experimental use permits. To expand the definition of "collective experimental use permits to include "organizations, pesticide registrants, or persons licensed by the department to conduct demonstration and research activities" on land they own or control. To define the term "control." To require that any unused experimental use pesticide that does not have a registered use in Washington state must be returned to the manufacturer or disposed of properly.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: An advisory committee will help develop draft rule language. Once draft language is developed, it will be distributed to interested parties for comment. The program will use meetings, e-mail, website, fact sheets and press release to contact and communicate with interested parties. When the CR-102 is filed, interested parties can submit comments during the public comment period and participate at the public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Ted Maxwell, Program Manager, Washington State Department of Agriculture, Pesticide Management Division, P.O. Box 42560, Olympia, WA 98504-2560, Tmaxwell@agr.wa.gov, phone (360) 902-2026, fax (360) 902-2093.

September 4, 2002

Bob Arrington

Assistant Director

Washington State Code Reviser's Office