WSR 04-15-142

AGENDA

DEPARTMENT OF AGRICULTURE


[ Filed July 21, 2004, 9:24 a.m. ]

Following is the Department of Agriculture's semi-annul rules development agenda for the period July 1, 2004, through December 31, 2004, which is being sent to you 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, 2004 - December 31, 2004

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

Fruit and Vegetable Inspection Program Manager

phone (360) 902-1883

8-18-04 10-6-04 11-17-04 Rewrite in a clear and readable format and possibly amend to mimic U.S. grades.
Chapter 16-404 WAC Standards for summer apples marketed within Washington Jim Quigley

Fruit and Vegetable Inspection Program Manager

phone (360) 902-1883

N/A 8-4-04

(CR-105)

10-6-04 Since this chapter is now obsolete, the department will use the expedited rule-making process to repeal it.
Chapter 16-409 WAC Standards for asparagus Jim Quigley

Fruit and Vegetable Inspection Program Manager

phone (360) 902-1883

8-4-04 9-22-04 11-3-04 Rewrite in a clear and readable format and possibly amend to reflect recent statutory changes regarding inspection exemption.
Chapter 16-414 WAC and chapter 16-463 WAC Cherries

Prohibiting the sale and/or movement of infested cherries

Jim Quigley

Fruit and Vegetable Inspection Program Manager

phone (360) 902-1883

8-18-04 11-3-04 12-15-04 Rewrite chapter 16-414 WAC in a clear and readable format and update content to include Rainer S. S. and size requirements. Also, incorporate chapter 16-463 WAC into rewritten chapter 16-414 WAC.
Chapter 16-445 WAC Standards for Italian prunes Jim Quigley

Fruit and Vegetable Inspection Program Manager

phone (360) 902-1883

8-18-04 10-20-04 12-1-04 Rewrite in a clear and readable format and update where needed.
Chapter 16-448 WAC Standards for potatoes Jim Quigley

Fruit and Vegetable Inspection Program Manager

phone (360) 902-1883

N/A 8-4-04

(CR-105)

10-6-04 Since this chapter is no longer necessary due to U. S. grades and standards, the department will use the expedited rule-making process to repeal it.
Chapter 16-570 WAC Rapeseed production and establishment of districts Randy Deike

Grain Inspection Program Manager

phone (360) 902-1921

9-1-04 10-20-04 11-30-04 The department, with the support of Washington Canola and Rapeseed Commission, plans to repeal a chapter that is obsolete and no longer needed.
Pesticide Management Division
WAC 16-228-1220 What are the restrictions applying to any person holding, handling, using, or disposing of pesticides and their containers? Ann Wick

Program Development Program Manager

phone (360) 902-2051

1-8-04 TBD TBD Based upon public comments received in 2003 when chapter 16-228 WAC, General pesticide rules, was revised, the department will consider rule making to clarify the restrictions in WAC 16-228-1220(4) that apply to any person applying pesticides near schools, hospitals or similar establishments by airblast sprayers or aircraft. The department will solicit additional comments from stakeholders and other interested parties before considering possible rule amendments.
WAC 16-228-1231 State restricted use pesticides for distribution by licensed pesticide dealers and for use by certified applicators only. Ann Wick

Program Development Program Manager

phone (360) 902-2051

1-8-04 TBD TBD Amend subsections (1) and (4) to define herbicides and related container sizes that should be considered restricted use or have restrictions due to product volatility causing phytotoxicity.
WAC 16-228-1250 Phenoxy herbicide restrictions. Ann Wick

Program Development Program Manager

phone (360) 902-2051

1-8-04 TBD TBD Amend sections to define herbicides and related container sizes that should be considered restricted use or have restrictions due to product volatility causing phytotoxicity.
WAC 16-230-400 through WAC 16-230-470 Restricted use herbicides -- Spokane County.
WAC 16-230-600 through WAC 16-230-675 High volatile ester and dust formulations, area under order and specific rules for eastern Washington.
WAC 16-230-800 through WAC 16-230-868 Application of pesticides in Benton County.
WAC 16-231-100 through WAC 16-231-183 Restricted use herbicides -- Franklin County.
WAC 16-231-200 through WAC 16-231-235 Restricted use herbicides -- Yakima County.
WAC 16-231-300 through WAC 16-231-335 Restricted use herbicides -- Adams County. Ann Wick

Program Development Program Manager

phone (360) 902-2051

1-8-04

TBD TBD Amend sections to define herbicides and related container sizes that should be considered restricted use or have restrictions due to product volatility causing phytotoxicity.
WAC 16-231-400 through WAC 16-231-425 Restricted use herbicides -- Columbia County.
WAC 16-231-500 through WAC 16-231-530 Restricted use herbicides-Whitman County.
WAC 16-231-600 through WAC 16-231-620 Restricted use herbicides -- Klickitat County.
WAC 16-231-700 through WAC 16-231-725 Restricted use herbicides -- Okanogan County.
WAC 16-231-800 through WAC 16-231-840 Restricted use herbicides -- Douglas and Chelan counties.
WAC 16-231-900 through WAC 16-231-935 Restricted use herbicides -- Grant County.
WAC 16-232-001 through WAC 16-232-077 Restricted use herbicides and application of pesticides -- Walla Walla County.
WAC 16-232-100 through WAC 16-232-120 Restricted use herbicides -- Lincoln County.
WAC 16-232-200 through WAC 16-232-225 Restricted use herbicides -- Garfield County.
WAC 16-232-300 through WAC 16-232-315 Restricted use herbicides -- Kittitas County.
WAC 16-230-860 Application of pesticides in Benton County -- Area 6. Cliff Weed Program Manager

Pesticide Compliance

phone (360) 902-2036

6-11-04 TBD TBD The department is considering amendments that would move eight sections of land from Area 1 to Area 6. This would allow the aerial application of pesticides in areas where they are currently prohibited except by special permit.
WAC 16-230-835 Application of pesticides in Benton County -- Area 1.
WAC 16-219-010 Ziram-Bosc pears. Ann Wick

Program Development Program Manager

phone (360) 902-2051

N/A 6-11-04

(CR-105 Expedited Repeal)

8-24-04 The department is using the expedited rule-making process to repeal WAC 16-219-010 because its content has been incorporated into WAC 16-228-1238 and, therefore, WAC 16-219-010 is redundant.
WAC 16-230-250 through WAC 16-230-290 Rules relating to the use of microencapsulated methyl parathion. Cliff Weed Program Manager

Pesticide Compliance

phone (360) 902-2036

N/A 6-11-04

(CR-105 Expedited Repeal)

8-24-04 The department is using the expedited rule-making process to repeal WAC 16-230-250 through 16-230-290 because the content has been incorporated into WAC 16-228-1220 and, therefore, WAC 16-230-250 through 16-230-290 are redundant rule sections.
WAC 16-229-010 Definitions. Cliff Weed Program Manager

Pesticide Compliance

phone (360) 902-2036

7-7-04 TBD TBD In response to a petition received from the Washington State Horticultural Association, the department is considering amending WAC 16-229-010 Definitions, to exempt pesticides containing only kaolin clay as the active ingredient from the definition of "pesticide." If exempt, pesticides containing only kaolin clay as the active ingredient would no longer be counted for the purpose of establishing permanent mixing/loading site threshold.
Plant Protection Division
NEW WAC Planting stock certification. Tom Wessels

Plant Services Program Manager

phone (360) 902-1984

3-3-04 TBD TBD The department is considering developing and adopting permanent rules to establish standards, fees and other provisions for a planting stock certification program for some types of nursery stock such as rhododendrons.
WAC 16-401-027 Schedule of fees and charges -- Applicable rates and charges. Tom Wessels

Plant Services Program Manager

phone (360) 902-1984

4-20-04 6-23-04 8-10-04 The proposal increases nursery inspection fees by the 2005 fiscal growth rate factor of 3.03%.
WAC 16-470-912

Schedule of fees and charges -- Applicable fees and charges.

Tom Wessels

Plant Services Program Manager

phone (360) 902-1984

4-20-04 6-23-04 8-10-04 The proposal increases plant pathology laboratory diagnostic fees, hourly fees, and post entry inspection fees by the fiscal growth rate factor for 2005 of 3.03%.
WAC 16-470-917 Schedule of fees and charges -- Fees for post entry inspection services.
WAC 16-328-011 Strawberry plant certification fees. Tom Wessels

Plant Services Program Manager

phone (360) 902-1984

4-20-04 6-23-04 8-10-04 Based upon the authority granted to the department by chapter 25, Laws of 2003 1st sp.s. (ESSB 5404), the proposal increases the strawberry plant certification hourly inspection fee beyond the fiscal growth rate factor and slightly decrease the strawberry plant certification application fee.
WAC 16-333-041 Caneberry certification fees. Tom Wessels

Plant Services Program Manager

phone (360) 902-1984

4-20-04 6-23-04 8-10-04 Based upon the authority granted to the department by chapter 25, Laws of 2003 1st sp.s. (ESSB 5404), the proposal increases the caneberry certification hourly inspection fee beyond the fiscal growth rate factor and slightly decrease the caneberry certification application fee.
WAC 16-354-040 Hop rootstock certification application and fees. Tom Wessels

Plant Services Program Manager

phone (360) 902-1984

6-23-04 8-18-04 10-6-04 The department is reviewing the fees in WAC 16-354-040 with the intent to revise them.
Chapter 16-481 WAC Grape phylloxera. Tom Wessels

Plant Services Program Manager

phone (360) 902-1984

4-20-04 6-23-04 8-10-04 The proposal adds the vine mealybug to the current quarantine.
WAC 16-752-500 Establishing wetland and aquatic weed quarantine. Mary Toohey

Assistant Director

Plant Protection Division

phone (360) 902-1907

5-5-04 7-7-04 9-2-04 The department will propose adding several species to the quarantine plant lists in WAC 16-752-505 and 16-752-610 and revising WAC 16-752-500 for clarity.
WAC 16-752-505 Wetland and aquatic weed quarantine -- Regulated articles.
WAC 16-752-610 Noxious weed seed and plant quarantine -- Regulated articles.
Chapter 16-675 WAC Calibration services, special inspection and testing fees. Jerry Buendel

Weights and Measures Program Manager

phone (360) 902-1856

4-20-04 TBD TBD The department is reviewing fees to see if they need to be increased. Also, it is considering rewriting the chapter to improve clarity and updating its content to comply with current industry and regulatory standards.
Food Safety, Animal Health and Consumer Services Division
Chapter 16-101 WAC Milk and milk products. Jim Pressley

Food Safety Assistant Program Manager

phone (360) 902-1860

TBD TBD TBD As part of its ongoing Executive Order 97-02 rule review process, the department is proposing to combine its diary rules into one, clearly written and easy to use chapter.
Chapter 16-101X WAC Degrades, license suspensions and revocations for dairy producers and processors.
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. Jim Pressley

Assistant Program Manager

Food Safety Program

phone (360) 902-1860

TBD TBD TBD As part of its ongoing Executive Order 97-02 rule review process, the department is proposing to combine its diary rules into one, clearly written and easy to use chapter.
Chapter 16-144 WAC Processing frozen desserts.
WAC 16-157-020 Adoption of the national organic program. Miles McEvoy

Program Manager

Organic Food Program

phone (360) 902-1924

N/A TBD

(Expedited Adoption)

TBD The USDA National Organic Program was amended last November and the department needs to amend WAC 16-157-020 to adopt these recent USDA amendments.
Chapter 16-610 WAC Livestock inspection and identification. Wendy Rude

Program Manager

Livestock Identification Program

TBD TBD TBD The department, with industry involvement, will develop rule language that defines how many special open consignment horse sales can be conducted by one entity in one year.

George Huffman

Rules Coordinator

Legislature Code Reviser 

Register

Washington State Code Reviser's Office