WSR 03-23-056



[ Filed November 14, 2003, 2:32 p.m. ]

Subject of Possible Rule Making: The department plans to amend chapter 16-350 WAC to reflect current industry and regulatory needs and practices, particularly with regard to prevention and exclusion of plant virus diseases, and by establishing a fee schedule for activities associated with fruit tree certification. In addition, this proposal may amend WAC 16-350-045 Application and fees, to eliminate duplication of information specified in WAC 16-401-050 and to correct an erroneous RCW reference.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 15.13, 15.14, and 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Since establishment of the fruit tree certification program several decades ago, current industry practices and needs have altered in response to changing markets and national and international phytosanitary requirements. Also, by statutory requirement, fruit tree certification is a self-supporting program. The current income to the program is no longer adequate. This proposal is intended to allow continued production and movement of virus-tested fruit trees in domestic and international markets and assist in keeping the state's orchards free of harmful virus diseases.

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

Process for Developing New Rule: Washington State Department of Agriculture representatives will discuss proposed fee increases with affected stakeholders and comply with the filing, publication and public hearing requirements of chapter 34.05 RCW. Affected stakeholders will have an opportunity to submit written comments on the proposal during the public comment period and present oral testimony 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 Mary A. Martin Toohey, Assistant Director, Washington State Department of Agriculture, Plant Protection Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1907, fax (360) 902-2094, e-mail; or Tom Wessels, Plant Services Program Manager, Washington State Department of Agriculture, Plant Protection Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1984, fax (360) 902-2094, e-mail

November 14, 2003

Mary A. Martin Toohey

Assistant Director

Legislature Code Reviser 


Washington State Code Reviser's Office