WSR 07-07-108



[ Filed March 19, 2007, 3:19 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-23-111.

Title of Rule and Other Identifying Information: Chapter 16-484 WAC, Seed potato Y-N quarantine, the department is proposing to repeal the current seed potato Y-N quarantine.

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, 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: The existing state quarantine rule has become obsolete, due to recent changes in federal regulatory structures. The recent state national harmonization program for seed potatoes (SNHP) is the new national standard for seed potato certification. When it is implemented, the United States Department of Agriculture -- Animal and Plant Health Inspection Service (USDA-APHIS) will require seed potatoes moving interstate to comply with SNHP. Included in the SNHP is a requirement for participating states to comply with the United States-Canada necrotic virus management plan. Under this plan both the United States and Canada will manage four necrotic viruses, including PVY-n, through seed potato certification. This will change PVY-n from a quarantine pest to a regulated nonquarantine pest, and it makes the existing state quarantine unnecessary.

Reasons Supporting Proposal: The existing state PVY-n quarantine is obsolete.

Statutory Authority for Adoption: Chapters 17.24 and 34.05 RCW.

Statute Being Implemented: Chapter 17.24 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


     The following chapter of the Washington Administrative Code is repealed:
WAC 16-484-200 Definitions.
WAC 16-484-205 Penalties.
WAC 16-484-210 Quarantine -- PVYn.
WAC 16-484-220 Area under quarantine.
WAC 16-484-230 Regulated articles.
WAC 16-484-240 Conditions governing the movement of regulated articles into Washington state.
WAC 16-484-250 Special permits and compliance agreements.
WAC 16-484-260 Disposition of regulated articles entering in violation or found infected with PVYn.

Washington State Code Reviser's Office