WSR 03-16-001

AGENDA

DEPARTMENT OF AGRICULTURE


[ Filed July 23, 2003, 12:21 p.m. ]

Following is the Department of Agriculture's semi-annual rules development agenda for the period July 1, 2003, through December 31, 2003, which is being sent in compliance with RCW 34.05.314.

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


Washington State Department of Agriculture

Semi-Annual Rules Agenda

July 1, 2003 - December 31, 2003

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

Assistant Program Manager

phone (360) 902-2028

11/6/02 9/17/03 11/19/03 (1) As part of the department's Executive Order 97-02 rule review process, the department is proposing to repeal WAC 16-200-750 through 16-200-950 and replace them with three new WAC chapters, each addressing the needs of a specific segment of the commercial feed industry. The department will propose:

Chapter 16-250 WAC, Commercial feed rules.

Chapter 16-252 WAC, Commercial feed rules: Pet food and specialty pet food.

Chapter 16-256 WAC, Commercial feed rules: Processed animal waste.

(2) The new chapters will:

Be written in a clear and readable style.

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 (AAFCO) model regulations by incorporating applicable parts of the AAFCO commercial feed rules into WSDA feed rules. In addition to improving consistency between states the new WSDA rules will improve free trade between states.

(3) In order to mitigate any potential adverse economic impact of these new commercial feed chapters upon the commercial feed industry, the department will delay the effective date of its proposed amendments until July 1, 2004.
Chapter 16-228 WAC

WAC 16-219-010

WAC 16-219-016

WAC 16-230-250 through 16-230-290

General pesticide rules.

Ziram -- Bosc pears.

Restricted use pesticides -- Mevinphos (phosdrin).

Microencapsulated methyl parathion.

Ann Wick

Program Manager

phone (360) 902-2051

11/6/02 8/20/03 10/22/03 As part of its regular four-year Executive Order 97-02 rule review, WSDA is proposing modifications to chapter 16-228 WAC, including incorporating WAC 16-219-010 into the chapter. WAC 16-219-016 and 16-230-250 through 16-230-290 will be repealed.
WAC 16-228-1460 Experimental use permits. Ted Maxwell

Program Manager

phone (360) 902-2026

9/4/02 8/20/03 10/22/03 WAC 16-228-1460 will be amended to:

(1) Clarify the requirements and restrictions that apply to individual experimental use permits.

(2) 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.
(3) Define the term "control."
(4) 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.
WAC 16-200-715 Fertilizer labels. Ted Maxwell

Program Manager

phone (360) 902-2026

6/18/03 9/17/03 12/1/03 (1) The department will propose amendments to WAC 16-200-715 Fertilizer label information, to implement chapter 15, Laws of 2003 (HB 1117), which unanimously passed the 2003 legislature and was signed by Governor Locke April 16, 2003. HB 1117 amends RCW 15.54.340 [(1)](f) and is effective on January 1, 2004.
(2) HB 1117 amends RCW 15.54.340 [(1)](f) by requiring the department to adopt, in rule, a statement on a fertilizer label referring people to the department's uniform resource location (URL or web address) where data regarding the metals content of the product is located. The department intends to propose for adoption the three options that are currently in RCW 15.54.340 [(1)](f) with the only change being the citation of the new URL. In addition, the department is considering adopting a fourth option that would cite the Association of American Plant Food Control Official's (AAPFCO) website, which in turn would direct persons to the department's website. Language allowing this fourth option has been tentatively adopted by the AAPFCO and will be voted on in early August for permanent adoption.
(3) In order to mitigate any potential adverse economic impact of these new label requirements upon the regulated industry, the department's proposed amendments will allow industry to continue to use the URL currently in RCW 15.54.340 [(1)](f) until July 1, 2006.
WAC 16-201-010(20)

WAC 16-201-180

Definitions-"temporary field storage."

Primary containment of liquid bulk fertilizers -- Temporary field storage.

Ted Maxwell

Program Manager

phone (360) 902-2026

7/23/03 TBD TBD The department is considering amending chapter 16-201 WAC, Fertilizer bulk storage and operational containment rules, to permanently allow temporary field storage to be kept in place for twenty-one days. Current rule allows for twenty-one days but beginning March 1, 2004, this time period is reduced to fourteen days. The department will solicit industry comment regarding repealing the fourteen day time period and making twenty-one days permanent.
NEW

Labeling rules for nursery stock. Tom Wessels

Plant Services Program Manager

phone (360) 902-1984

12/19/02 9/03 12/03 Proposed rules would implement statutory requirement that nursery stock offered for sale in Washington state be labeled with the botanical name of the stock.
Yellow nutsedge

WAC 16-752-300

WAC 16-752-305

WAC 16-752-315

WAC 16-752-320

Establishing quarantines.

Quarantine area.

Regulations.

Costs of quarantine.

Mary Toohey

Assistant Director

Plant Protection Division

phone (360) 902-1907

5/21/03

(CR-105)

Expedited Adoption 7/23/03 The department proposes lifting the yellow nutsedge quarantine at the Port of Kalama by amending the following sections of rule as requested by the Cowlitz County Noxious Weed Control Board: WAC 16-752-300 Establishing quarantine, 16-752-305 Quarantine area, 16-752-315 Regulations, and 16-752-320 Costs of quarantine. In 1989, the department originally adopted the quarantine of the Port of Kalama in Cowlitz County for yellow nutsedge. The quarantine was initiated to prevent the movement of soil containing yellow nutsedge nutlets off-site. The quarantine was necessary because of the invasive nature of the weed - yellow nutsedge propagates by seed, rhizomes, bulbs, and nutlets. Soil containing nutlets is the primary mode of spread in cultivated land. Since that time an effective method of containment of the contaminated soil has been found that will prevent the yellow nutsedge from spreading, thus making the quarantine at the Port of Kalama unnecessary.
Chapter 16-657 WAC Retail pricing of motor and heating fuel. Jerry Buendel

Weights and Measures

Program Manager

phone (360) 902-1856

1/22/03 8/20/03 11/03 Executive Order 97-02 review of chapter 16-657 WAC with the intent to combine this chapter with chapter 16-659 WAC. Rewrite the chapter for clarity and possibly propose amendments based upon industry recommendations.
Chapter 16-659 WAC Weights and measures -- Liquefied petroleum gas. Jerry Buendel

Weights and Measures

Program Manager

phone (360) 902-1856

1/22/03 8/20/03 11/03 Executive Order 97-02 review of chapter 16-659 WAC with the intent to combine this chapter with chapter 16-657 WAC. Rewrite the chapter for clarity and possibly propose amendments based upon industry recommendations.
WAC 16-401-050

WAC 16-350-045

Annual assessment -- Fruit tree material.

Application and fees.

Tom Wessels

Plant Services Program Manager

phone (360) 902-1984

7/2/03 9/3/03 10/03 During the 2003 legislative session, the Washington state legislature passed legislation (chapter 25, Laws of 2003 (ESSB 5404)), which was signed by Governor Locke on June 26, 2003, authorizing the department to sufficiently increase department fees to ensure that department programs will be able cover the full cost of providing program services. As a result, the department, with the support of Washington state fruit tree nursery industry, plans to amend WAC 16-401-050 to increase the annual assessment on fruit tree material. The department also plans to amend WAC 16-401-050 to require that licensed nurseries maintain accurate records of fruit tree sales. The department will also propose amending WAC 16-350-045 Application and fees, to delete the fruit tree material assessment amount, since it is already specified in WAC 16-401-050, and to correct an RCW reference in WAC 16-350-045.
Food Safety, Animal Health and Consumer Services Division
Chapter 16-100 WAC Refrigerated locker establishments--Recording thermometers. Claudia Coles

Food Safety Program Manager

phone (360) 902-1905

6/18/03

(CR-105)

Expedited Repeal 8/20/03 As part of its ongoing Executive Order 97-02 rule review process, the department is proposing to repeal a rule chapter that is no longer needed. Content is covered by 21 C.F.R., Part 110, chapters 19.32, 69.04, 69.07, and 69.10 RCW, and chapters 16-139, 16-142, 16-165, and 16-167 WAC.
Chapter 16-600 WAC Honey. Claudia Coles

Food Safety Program Manager

phone (360) 902-1905

6/18/03

(CR-105)

Expedited Repeal 8/20/03 As part of its ongoing Executive Order 97-02 rule review process, the department is proposing to repeal a rule chapter that is no longer needed. 32 F.R. 7565 and 50 F.R. 15861 cover chapter content.
Chapter 16-101 WAC

Chapter 16-101X WAC

Milk and milk products.

Degrades, license suspensions and revocations for dairy producers and processors.

Jim Pressley

Food Safety Assistant

Program Manager

phone (360) 902-1860

8/6/03 10/22/03 12/17/03 As part of its ongoing Executive Order 97-02 rule review process, the department is proposing to combine its dairy rules into one, clearly written and easy to use chapter.
Chapter 16-102 WAC Butterfat testing of milk.
Chapter 16-103 WAC Milk processing assessments and collections.
Chapter 16-124 WAC Licensed testers, weighers, samplers and graders.
Chapter 16-125 WAC Farm milk storage tanks and bulk milk tanker -- Requirements.
Chapter 16-129 WAC Labeling and advertising of products resembling genuine dairy products.
Chapter 16-144 WAC Processing frozen desserts.
Chapter 16-607 WAC Inspection and identification of livestock. Leslie Alexander

Livestock Identification Assistant

Program Manager

phone (360) 902-1855 or (509) 545-8816

6/18/03 10/1/03 11/25/03 The department is planning to initiate rule making to implement chapter 326, Laws of 2003 (SSB 5891) requirements that were unanimously passed by the 2003 legislature and signed by Governor Locke on May 16, 2003. In addition, the department, in response to Executive Order 97-02, will rewrite chapter 16-607 WAC by replacing it with chapter 16-610 WAC, which will incorporate rule amendments required by SSB 5891 and be written in a clear and readable format based upon clear rule-writing principles.
WAC 16-54-155 Exotic Newcastle Disease (END) emergency quarantine. Dr. Kathleen M. Connell, DVM

Acting State Veterinarian

phone (360) 902-1878

N/A Emergency Rule 5/28/03 Extended previously adopted emergency rule to prevent the introduction or spread of Exotic Newcastle Disease (END) into Washington state. The virus that causes END is highly contagious and is readily spread by contact with infected birds or materials contaminated by the virus.
WAC 16-54-155 Exotic Newcastle Disease (END) emergency quarantine. Dr. Kathleen M. Connell, DVM

Acting State Veterinarian

phone (360) 902-1878

5/28/03 7/23/03 9/3/03 Permanent rule making to replace the emergency END quarantine rules.
Implementing Chapter 397, Laws of 2003 (ESHB 1754) Special temporary permit -- Poultry slaughter. Jim Pressley

Food Safety Assistant Program Manager

phone (360) 902-1860

6/4/03 10/1/03 11/19/03 The department, working with industry stakeholders and other interested parties, will develop rules to implement chapter 397, Laws of 2003 (ESHB 1754), which relates to the slaughter of chickens (Gallus domesticus). ESHB 1754 requires that the department issue a special temporary permit regulating "the slaughter and preparation of one thousand or fewer pastured chickens in a calendar year by the agricultural producer of the chickens for the sale of whole raw chickens by the producer directly to the ultimate consumer at the producer's farm, and for such sale." ESHB 1754, which was passed unanimously by the 2003 legislature and signed by the governor on May 20, 2003, specifically directs the department to develop rules generally patterned after those established by WAC 246-215-190 Temporary food service establishments, but must be tailored specifically to the slaughter, preparation and sale activities identified in the bill. The department's rule requirements must include, but are not limited to:

Cooling procedures, when applicable;

Sanitary facilities, equipment and utensils;
Clean water;
Washing and other hygienic practices; and
Waste water disposal.

The department's special temporary rules must also identify the length of time the permit is valid.

Commodity Inspection Division
Chapter 16-403 WAC Standards for apples marketed within Washington. Jim Quigley

Program Manager

Fruit and Vegetable Inspection Program

Commodity Inspection Division

phone (360) 902-1883

7/23/02 9/17/03 11/03 Amendments may be necessary to accommodate changes in United States standards for apples. WSDA, with industry involvement, is reviewing chapter 16-403 WAC to make sure that department apple standards are at-least-as-effective-as new United States standards for apples.
Chapter 16-400 WAC Fruit and vegetable inspection fees. Jim Quigley

Fruit and Vegetable Inspection Program Manager

phone (360) 902-1883

5/7/03 9/17/03 11/03 The department will propose rules that:

(1) Increase fruit and vegetable inspection program hourly inspection rates (regular and overtime). These hourly rate increases are necessary to recover the department's actual costs of providing inspection services. RCW 15.17.150 mandates that the department establish fees to recover the costs of providing inspection and/or certification or other requested services. To comply with this mandate, the department will propose a fee schedule that provides for the recovery of hourly inspection costs, both regular and overtime. Currently, hourly inspection rates are below the cost of providing inspection services.

(2) Adopt federal terminal hourly rates established by USDA/AMS/FPB. Since there is no department rule for fresh produce audit verification of fruits and vegetables, the department will propose adopting the federal terminal market hourly inspection rate for such services. Adopting the federal terminal market hourly inspection rate would make the state and federal fees equal for this federal/state program.
(3) Establish fees for fresh produce audit verification program for good agricultural practices (GAP) and good handling practices (GHP). The department will propose adopting federal market inspection fees for GAP and GHP audit certifications performed by federal/state-licensed auditors for the USDA fresh produce audit verification program.
Chapter 16-449 WAC Washington controlled atmosphere storage requirements for winter pears. Jim Quigley

Fruit and Vegetable Inspection Program Manager

phone (360) 902-1883

7/2/03 9/17/03 11/03 Combine the three chapters into one chapter containing the controlled atmosphere requirements for fruits and vegetables.
Chapter 16-459 WAC Controlled atmosphere storage.
Chapter 16-690 WAC Fruit storage.
Chapter 16-461 WAC Inspection requirements for fruits and vegetables. Jim Quigley

Fruit and Vegetable Inspection

Program Manager

phone (360) 902-1883

8/20/03 10/22/03 12/03 The department will consider amending chapter 16-461 WAC because current rule language does not address movement of controlled commodities to out-of-state facilities for packing and shipping for fresh market sales. Current language only addresses requirements for intrastate movement. Rule language will be revised to specifically define the requirements for interstate movement of controlled commodities. Such amendments are necessary because of recent problems a Washington state asparagus handler encountered when requesting to ship asparagus to a California packer/shipper for packing and shipping for fresh market. Also, the department will repeal WAC 16-461-015 because it is no longer needed.
WAC 16-301-005 General seed standards -- Definitions. Bob Gore

Assistant Director

Commodity Inspection Division

phone (360) 902-1827

6/4/03 7/23/03 9/03 Proposed amendments will:

Amend the "official seed laboratory" definition in WAC 16-301-005 to include accredited seed laboratories;

WAC 16-301-010 What publications are adopted in chapters 16-301, 16-302 and 16-303 WAC and where can they be obtained? Amend WAC 16-301-010 and 16-301-055 to update Association of Official Seed Certifying Agencies (AOSCA) and Association of Official Seed Analysts (AOSA) adoption dates;
WAC 16-301-055 Tolerances for seed law enforcement. Amend WAC 16-302-110(1) to read that certification tags "must be" attached to a container of certified seed before it is distributed;
WAC 16-302-110 Completion of seed certification -- When may seed be labeled with a seed certification tag, label or seal? Amend WAC 16-302-110(2) by replacing the words "under the supervision of the certifying agency" with "in accordance with the certifying agencies rules";
WAC 16-302-150 Eligibility for interagency certification. Amend WAC 16-302-150(3) and 16-302-155 (2)(b) to delete the references to "Part C" because there isn't a Part "C" on the Interagency Certified Seed Report form;
WAC 16-302-155 Interagency seed certification procedure. Amend WAC 16-302-255(1) by replacing "preceding three years" with "preceding one year";
WAC 16-302-255 Land requirements for bean seed certification. Amend WAC 16-302-385 by adding minimum purity requirements for "turf type" fescue and "range/reclamation type" fescue to the fescue section of the table;
WAC 16-302-385

Grass seed standards for certification. Amend WAC 16-302-410(3) to delete "a ten gram Poa annua check"; and
WAC 16-302-410 Standards for sod quality seed. Any other clarifying amendments to these sections that might be necessary.
WAC 16-303-200


WAC 16-303-210


WAC 16-303-220


WAC 16-303-230


WAC 16-303-240


WAC 16-303-250


WAC 16-303-300


WAC 16-303-310


WAC 16-303-315

Seed program testing fees.


Fees for special seed tests.


Inventory testing for seed germination.


Official seed sampling or similar service.


Fees for blending seed.


Miscellaneous charges for seed services.


Phytosanitary certification of seed -- Fees.

Organization for economic cooperation and development scheme for varietal certification (OECD) fees.


Service fee for sod quality seed tags and tagging.

Bob Gore

Assistant Director

Commodity Inspection Division

phone (360) 902-1827

6/4/03 7/23/03 9/03 Proposed rule amendments will restructure the seed program's fee schedule and increase fees charged for services to a sufficient level to recover current operating costs, finance two additional seed analysts and enhance the program's ability to address future testing requirements of new technology and crops being raised in Washington state. Chapter 308, Laws of 2003 (HB 1126), which was signed by the governor on May 14, 2003, authorizes the department to increase seed certification fees, laboratory analysis fees and miscellaneous fees for alfalfa, grasses, vegetables and other minor seed crops sufficiently to cover the cost of operating the seed program and provide expanded services to effectively meet the needs of the industry. In addition, some sections in chapter 16-303 WAC will either be repealed or combined.
WAC 16-303-317 Annual and rough bluegrass quarantine fees.
WAC 16-303-320 Certification fees for seed certified by the department except grasses.
WAC 16-303-330 Certification fees for grass seed.
WAC 16-237-170 Emergency storage situation. Don Michelbook

Grain Warehouse Audit

Program Manager

phone (509) 533-2488

6/4/03 7/23/03 8/28/03 The purpose of this rule making is to implement chapter 13, Laws of 2003 (HB 1101), which amended RCW 22.09.660, and was unanimously passed by the 2003 legislature and signed by Governor Locke on April 14, 2003. The department will implement HB 1101 by amending WAC 16-237-170 to:

Extend the time period from thirty to one hundred twenty days that grain covered by negotiable receipts can be forwarded during emergency storage situations without canceling or reissuing the negotiable receipt. The one hundred twenty day time period aligns the department's rule with USDA requirements under the uniform grain and rice storage agreement.

Allow for possible extensions of the one hundred twenty day time period. Again, this aligns the department rule with USDA requirements.
Require written permission from the depositor and/or the holder of the warehouse receipt before the grain is shipped.

The department will also rewrite WAC 16-237-170 according to clear rule-writing principles that comply with the "clarity" criteria in Executive Order 97-02.

George Huffman

Rules Coordinator

Legislature Code Reviser 

Register

Washington State Code Reviser's Office