Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-23-112.

     Title of Rule and Other Identifying Information: Chapter 16-324 WAC, Rules for the certification of seed potatoes, the department is proposing to revise the current seed potato certification rule to require compliance with the state national harmonization program for seed potatoes (SNHP). Specifically, this includes:

     (1) Requiring generation 1 lots to be sampled and tested under the department's supervision for PVY;

     (2) Requiring a post-harvest test for seed lots that will be recertified;

     (3) Adding Potato Mop Top Virus (PMTV) to the list of diseases that certified seed potatoes must be found free of; and

     (4) Modifying rule language to increase its clarity and readability.

     Hearing Location(s): Washington State University Extension Office, Whatcom County Courthouse Annex, 1000 North Forest Street, Suite 201, Bellingham, WA 98225, on April 24, 2007, at noon; and at the Washington State Potato Commission, 108 Interlake Road, Moses Lake, WA 98837, on April 26, 2007, at noon.

     Date of Intended Adoption: Not before May 3, 2007.

     Submit Written Comments to: Henri Gonzales, P.O. Box 42560, Olympia, WA 98504-2560, e-mail hgonzales@agr.wa.gov, fax (360) 902-2094, by April 26, 2007.

     Assistance for Persons with Disabilities: Contact Henri Gonzales by April 17, 2007, TTY (360) 902-1996 or (360) 902-2061.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Revising the seed potato certification rule will allow seed potato growers to continue selling their seed potatoes to growers in other states. The state national harmonization program for seed potatoes (SNHP) is the new national standard for seed potato certification. When it is implemented, the Unites States Department of Agriculture -- Animal and Plant Health Inspection Service (USDA-APHIS) will require seed potatoes moving interstate to comply with SNHP. Because much of the Washington seed potato crop is sold to other states, it is important for Washington to be in compliance with the SNHP once it is implemented. To comply with the SNHP, the seed potato certification rules must be revised to require post-harvest testing on lots sold for recertification. This is necessary to preserve market access for Washington growers.

     Reasons Supporting Proposal: Revising the current rule is necessary to preserve market access for Washington seed potato growers.

     Statutory Authority for Adoption: Chapters 15.14 and 34.05 RCW.

     Statute Being Implemented: Chapter 15.14 RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Washington state department of agriculture, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Tom Wessels, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1984.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires that an agency must prepare a small business economic impact statement (SBEIS) for proposed rules that impose a more than minor cost on business in an industry. The department has analyzed the economic effects of the proposed revisions and has concluded that they do not impose a more than minor cost on small businesses in the regulated industry and, therefore, a formal SBEIS is not required.

     A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).

March 16, 2007

Mary A. Martin Toohey

Assistant Director

OTS-9596.2

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

WAC 16-324-361   Definitions.   (((1))) "Certification" means that the lot of seed potatoes was inspected and meets the requirements of this chapter.

     (((2))) "Cull" means any lot of potatoes rejected for certification for any reason.

     (((3))) "Department" means the department of agriculture of the state of Washington.

     (((4))) "Director" means the director of the department of agriculture or his/her duly appointed representative.

     (((5))) "Disease tested" means tested for and found free of all of the following diseases: Potato virus A (PVA), potato virus M (PVM), potato virus S (PVS), potato virus X (PVX), potato virus Y (PVY), potato leafroll virus (PLRV), potato mop top virus (PMTV), potato spindle tuber viroid (spindle tuber), Erwinia carotovora ssp. carotovora (soft rot), Erwinia carotovora ssp. atroseptica (black leg) and Clavibacter michiganense spp. sependonicum (ring rot).

     (((6))) "Micropropagated" means potato stock propagated using aseptic laboratory techniques and culture media to promote plant tissue growth.

     (((7))) "Microtubers" means tubers produced in vitro by a micropropagated plant or plantlet.

     (((8))) "Minitubers" means tubers produced under controlled greenhouse conditions.

     (((9))) "Nematode" means plant parasitic nematodes capable of infesting potatoes, including but not limited to the genus Meloidogyne.

     (((10))) "Nuclear stock" means plantlets, microtubers, minitubers, or seed potatoes produced from prenuclear stock, and grown in the field for the first time.

     (((11))) "Plot" means a seed potato planting that is 0.25 acre or less in size.

     (((12))) "Powdery scab" means the disease caused by the fungus Spongospora subterranea.

     (((13))) "Prenuclear" means micropropagated plants or tubers and plants or minitubers produced in a greenhouse.

     (((14))) "Quarantine pest" means a pest of potential economic importance and not yet present in the state, or present but not widely distributed and being officially controlled.

     (((15))) "Recertification" means the process of certifying a seed lot that was certified the previous year.

     (((16))) "Rogue" means removing diseased or undesirable plants, including all associated plant parts from a seed potato field.

     (((17))) "Seed lot" means a field, in whole or in part, or a group of fields producing seed potatoes, or the potato tubers harvested from a seed potato field.

     (((18))) "Seed potatoes" means vegetatively propagated tubers used for potato production.

     (((19))) "Seed source" means seed potatoes produced by an individual grower within a particular seed production area.

     (((20))) "Trace" means a barely perceivable indication of plant disease that amounts to less than 0.001 percent of sample.

     (((21))) "Tolerance" means the maximum acceptable percentage of potato plants or tubers that is diseased, infected by plant pests, defective or off-type based on visual inspection or laboratory testing by the director or other authorized person.

     (((22))) "Unit method" means a method of planting in which cut seed pieces from one tuber are dropped consecutively in a row, or in which all tubers from one plant are dropped consecutively in a row.

[Statutory Authority: Chapter 15.14 RCW. 02-12-010, § 16-324-361, filed 5/23/02, effective 6/23/02; 00-20-070, § 16-324-361, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. 97-11-028, § 16-324-361, filed 5/14/97, effective 6/14/97.]

     (2) Prenuclear class.

     (a) Prenuclear seed lots must be derived from disease tested micropropagated plants. All testing methods and laboratories must be approved by the department.

     (b) A minimum of one percent (and not less than twenty samples) of prenuclear seed produced in a greenhouse must be tested and found free of potato virus X (PVX), potato virus Y (PVY), potato virus S (PVS), potato leafroll virus (PLRV), Erwinia carotovora ssp. caratovora (soft rot), Erwinia carotovora ssp. atroseptica (black leg), and Clavibacter michiganense ssp. sependonicum (ring rot).

     (c) The department will inspect all facilities used in the production of prenuclear class seed potatoes on a periodic basis. Department approval is necessary in order to utilize these facilities.

     (3) Nuclear class.

     (a) Nuclear class seed potatoes must be propagated entirely from prenuclear plants.

     (b) Each nuclear class seed lot must be distinctly separated in storage and in the field.

     (c) If a ground rig is used for spraying, wide enough spacing between rows must be left, so that tires will not touch plants during the growing season.

     (d) Growers must plant cut seed and single drop seed separately, with single drop seed identified.

     (4) Generations 1, 2, 3, 4 and 5.

     (a) Growers must leave a distinct separation of at least six feet unplanted or planted to some other crop between lots of seed potatoes from different classes. A similar separation must be left between different varieties, unless the varieties are readily distinguishable by visual observation.

     (b) When more than one lot of seed potatoes is planted in the same field, growers must stake or mark the identity of each lot.

     (c) All generation 1 lots must be sampled and tested under the department's supervision for PVY at a rate of four hundred plants for every ten lots. For farms with fewer than ten generation 1 lots, a minimum of four hundred plants must be sampled and tested.

[Statutory Authority: Chapter 15.14 RCW. 00-20-070, § 16-324-385, filed 10/3/00, effective 11/3/00.]

     (2) Only seed lots that meet or exceed the minimum requirements as established in this chapter are eligible for certification. A seed lot that has more than a trace amount of virus disease noted during any field inspection is not eligible for recertification, unless it has been post-harvest tested and meets the minimum standards established in WAC 16-324-420.

     (3) A post-harvest test is required for seed lots that will be recertified, except when planted back on the same farm.

     (4) In order to be eligible for certification in Washington state, seed lots from other states or countries must be eligible for recertification in the state or country of origin and must meet the requirements of this chapter.

     (((4))) (5) A seed lot blended from two or more different sources of seed is not eligible for recertification.

     (((5))) (6) A seed lot infected with powdery scab is not eligible for recertification.

     (((6))) (7) Generation 5 (G5) seed lots are not eligible for recertification.

[Statutory Authority: Chapter 15.14 RCW. 00-20-070, § 16-324-391, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. 97-11-028, § 16-324-391, filed 5/14/97, effective 6/14/97.]

     (2) Generation 2 through generation 5 must be isolated by at least three hundred fifty feet from all noncertified potatoes.

     (3) When ring rot is found in a field planted with more than one lot of seed potatoes, the department will reject the entire field unless at least six feet between lots has been left unplanted or planted to some other crop.

[Statutory Authority: Chapter 15.14 RCW. 00-20-070, § 16-324-392, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. 97-11-028, § 16-324-392, filed 5/14/97, effective 6/14/97.]

     (2) Seed stocks entered for certification must be planted and harvested prior to handling any other seed stock. The earliest generation must be handled prior to ((lower classes)) later generations within the program.

     (3) Only department-approved containers shall be used during the digging, storage, and packing process.

[Statutory Authority: Chapter 15.14 RCW. 00-20-070, § 16-324-396, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. 97-11-028, § 16-324-396, filed 5/14/97, effective 6/14/97.]

     (2) Growers must submit petiole samples for latent virus testing to a laboratory approved by the department. The applicant is responsible for laboratory testing fees.

     (3) The minimum number of plants per seed lot to be sampled for PVX testing is one hundred. For nuclear class, a minimum of one percent of the total number of plants per lot must be sampled. For generation 1, a minimum of two hundred ((leaves)) plants per acre must be sampled. For generation 2, a minimum of fifty ((leaves)) plants per acre must be sampled. Generation 3, 4 and 5 seed lots should be sampled at a rate of twenty ((leaves)) plants per acre. The department may require additional testing.

[Statutory Authority: Chapter 15.14 RCW. 02-12-010, § 16-324-401, filed 5/23/02, effective 6/23/02; 00-20-070, § 16-324-401, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. 97-11-028, § 16-324-401, filed 5/14/97, effective 6/14/97.]

     (2) A minimum of four hundred tubers must be submitted for each seed lot entered for post-harvest testing. Seed lots less than one acre in size must submit a minimum of four tubers per total hundred weight with a minimum of fifty tubers.

     (3) The applicant is responsible for the cost of post-harvest testing.

     (4) Seed lots in the post-harvest test which fail to comply with the disease tolerance requirements set forth in WAC 16-324-420 are not eligible for recertification.

     (a) The applicant must notify in writing all receivers of any seed lot that failed to comply with post-harvest tolerances set forth in WAC 16-324-420.

     (b) Acceptance of a seed lot that fails to comply with the tolerances set forth in WAC 16-324-420 must be based on a written buyer/seller agreement. The grower must provide the department with a copy of the written agreement within thirty days of receiving the post-harvest results.

[Statutory Authority: Chapter 15.14 RCW. 00-20-070, § 16-324-409, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. 97-11-028, § 16-324-409, filed 5/14/97, effective 6/14/97.]

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