Date of Adoption: May 26, 2004.

     Purpose: This rule-making order amends chapter 16-324 WAC, Rules for the certification of seed potatoes, by (1) allowing multiple varieties on field plot applications, (2) reducing two land use restrictions, (3) changing the pest and disease tolerances, and (4) repealing the plant pathology laboratory fee schedule.

     Citation of Existing Rules Affected by this Order: Repealing WAC 16-324-720, 16-324-730, 16-324-740 and 16-324-750; and amending WAC 16-324-375, 16-324-393, and 16-324-398.

     Statutory Authority for Adoption: Chapters 15.13 and 15.14 RCW.

     Other Authority: Chapter 34.05 RCW.

      Adopted under notice filed as WSR 04-07-170 on March 24, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 4.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 4.
     Effective Date of Rule: Thirty-one days after filing.

May 26, 2004

Valoria H. Loveland

Director

OTS-7049.1

AMENDATORY SECTION(Amending WSR 02-12-010, filed 5/23/02, effective 6/23/02)

WAC 16-324-375   Application and withdrawal.   (1) To apply for certification, applicants must use the form provided by the department and furnish all information requested, including the date, name, signature and address of the applicant, lot number, seed source identification number, variety, class planted, acres, date planted, seed spacing at planting, average length of rows, year the field was last cropped to potatoes, along with their variety and lot number, and a map of the field location. Applications for certification must reach the department on or before June 15 of each year, accompanied by the appropriate fee, field location maps and evidence of eligibility such as tags or certificates. A North American Certified Seed Potato Health Certificate is required for evidence of eligibility for seed lots originating in other states or Canada, and must be submitted with the application. Unless prior approval has been granted, late applications will be assessed a late fee of twenty dollars per application. The department will not accept applications after July 10.

     (2) Separate applications are required for each variety, seed source, and seed lot except as described in subsection (5) of this section.

     (3) Separate applications are required for each field location that is separated by more than one hundred feet.

     (4) Growers may withdraw a seed potato lot from certification for any reason by notifying the department in writing.

     (5) Growers may use a single application for multiple varieties planted in a field plot totaling 1/8 acre or less. The application must contain the information required in subsection (1) of this section for each variety. Growers shall use one identification number for the field plot with a separate letter designation for each variety in the field plot.

[Statutory Authority: Chapter 15.14 RCW. 02-12-010, § 16-324-375, filed 5/23/02, effective 6/23/02; 00-20-070, § 16-324-375, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. 97-11-028, § 16-324-375, filed 5/14/97, effective 6/14/97. Statutory Authority: Chapter 15.14 RCW. 91-10-029 (Order 2083), § 16-324-375, filed 4/24/91, effective 5/25/91; 86-15-045 (Order 1897), § 16-324-375, filed 7/17/86; 78-12-034 (Order 1587), § 16-324-375, filed 11/21/78.]

     (2) Detection of ring rot in a field will make that field ineligible for production of certified seed potatoes for three years. Presence of volunteer potato plants in a field with ring rot history will disqualify the current field crop for certification. Plants outside of the defined row are considered volunteers.

     (3) Nuclear class seed potatoes must be produced in a field that has not been planted with potatoes for at least ((six)) four years. (New ground is preferred.)

     (4) Generation 1 class seed potatoes must be produced in a field that has not been planted with potatoes for at least ((four)) three years.

     (5) Generation 2, 3, 4, and 5 class seed potatoes must be produced in a field that has not been planted with potatoes during the previous year unless the prior potato crop was certified seed potatoes of an earlier class of the same variety. Volunteer plants from a previously planted seed potato crop will cause the class designation of the current crop to be changed to the appropriate generation of the volunteer plants.

[Statutory Authority: Chapter 15.14 RCW. 00-20-070, § 16-324-393, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. 97-11-028, § 16-324-393, filed 5/14/97, effective 6/14/97.]

     (2) First and second field inspection tolerances, expressed as percentages.

	Nuclear		G 1		G 2		G 3		G 4		G 5
Factor	((1st	2nd	1st	2nd	1st	2nd	1st	2nd	1st	2nd	1st	2nd))
Varietal mixture	0.00	((0.00))	0.00	((0.00	0.02))	0.01	((0.25))	0.25	((0.25))	0.25	((0.25))	0.25
Mosaic	0.00	((0.00))	0.10	((0.10	0.20))	0.20	((0.50))	0.50	((1.00))	1.00	((2.00	1.00)) 2.00
Leafroll	0.00	((0.00))	0.05	((0.05	0.10))	0.10	((0.25))	0.25	((0.25))	0.25	((0.40))	0.25
Total visible virus	0.00	((0.00))	0.10	((0.00	0.50	0.50)) 0.30	((0.75))	0.75	((1.25))	1.25	((2.40	1.25)) 2.25
Phytoplasmas	0.00	((0.00))	0.00	((0.00	0.10))	0.10	((0.20))	0.20	((0.50))	0.50	((1.00))	1.00
Black leg	0.00	((0.00))	0.10	((0.10	0.50))	0.50	((1.00))	1.00	((2.00))	2.00	((4.00	2.00)) *
Ring rot	0.00	((0.00))	0.00	((0.00	0.00))	0.00	((0.00))	0.00	((0.00))	0.00	((0.00))	0.00
Nematode	0.00	((0.00))	0.00	((0.00	0.00))	0.00	((0.00))	0.00	((0.00))	0.00	((0.00))	0.00
Spindle tuber viroid and other quarantined pests	0.00	((0.00))	0.00	((0.00	0.00))	0.00	((0.00))	0.00	((0.00))	0.00	((0.00))	0.00

*Tolerance for black leg does not apply to G5.

[Statutory Authority: Chapter 15.14 RCW. 02-12-010, § 16-324-398, filed 5/23/02, effective 6/23/02; 00-20-070, § 16-324-398, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. 97-11-028, § 16-324-398, filed 5/14/97, effective 6/14/97.]

     The following sections of the Washington Administrative Code are repealed:

WAC 16-324-720	Laboratory testing -- Fees.
WAC 16-324-730	ELISA testing for the presence of bacteria -- Fees.
WAC 16-324-740	Entry level primary test--Fees.
WAC 16-324-750	Tests for bacterial ring rot -- Fees.

© Washington State Code Reviser's Office