WSR 13-01-006



[ Filed December 6, 2012, 9:04 a.m. , effective January 6, 2013 ]

     Effective Date of Rule: Thirty-one days after filing.

     Purpose: At the request of the hazelnut industry, this rule-making order creates chapter 16-474 WAC, which establishes a quarantine placing restrictions on the importation of hazelnut plants into Washington state in response to development in other areas of the United States of new, more virulent strains of Eastern filbert blight.

     Statutory Authority for Adoption: RCW 17.24.041 and 15.13.260.

     Other Authority: Chapter 34.05 RCW.

      Adopted under notice filed as WSR 12-21-132 on October 24, 2012.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 7, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 7, Amended 0, Repealed 0.

     Date Adopted: December 6, 2012.

Dan Newhouse



Chapter 16-474 WAC


WAC 16-474-001   Eastern filbert blight -- Establishing quarantine.   A quarantine is established under chapters 17.24 and 15.13 RCW to protect the Washington hazelnut industry from exotic strains of the eastern filbert blight disease. Eastern filbert blight is a highly infectious plant disease affecting hazelnuts (also called filberts) and closely related species. It is caused by the fungus Anisogramma anomala. Until recently, varieties of hazelnuts grown in the Pacific Northwest were resistant to the local strain of A. anomala. However, more virulent strains of A. anomala have been found in the eastern portion of the United States. If these more virulent, exotic strains are introduced into Washington, the disease resistance of local commercial and ornamental varieties of hazelnuts will decline and may be lost, resulting in potentially devastating economic consequences to growers, loss of ornamental or landscape hazelnut plants, and environmental consequences of removing habitat and food sources for wildlife.


WAC 16-474-005   Eastern filbert blight -- Definitions.   "Department" means the Washington state department of agriculture.

     "Eastern filbert blight" means a disease of hazelnut plants caused by the fungus Anisogramma anomala.

     "Hazelnut plant" means plants and plant parts of any species in the genus Corylus.

     "Micropropagate" means plant propagation using aseptic laboratory techniques and artificial culture medium.

     "Pest free area" means an area where eastern filbert blight does not occur, as demonstrated by scientific evidence, and where this condition is being officially maintained.

     "Phytosanitary certificate" means a certificate issued by a government agency under authority of state or federal statute, which declares or establishes the pest status of a shipment of plants or plant parts under accepted inspection or sampling procedures. Phytosanitary certificates are patterned after model certificates of the International Pest Protection Convention.


WAC 16-474-010   Eastern filbert blight -- Area under quarantine.   The area under quarantine consists of all states and territories of the United States outside of the state of Washington.


WAC 16-474-015   Eastern filbert blight -- Regulated articles.   All plants and plant parts of any species of the genus Corylus are regulated, except edible nuts that are free of green twigs and other plant debris that may harbor Anisogramma anomala.


WAC 16-474-020   Eastern filbert blight -- Restrictions.   (1) Regulated articles from any area east of the Rocky Mountains, including all of Montana, Wyoming, Colorado, and New Mexico, are prohibited unless accompanied by a phytosanitary certificate with one of the following declarations:

     (a) The hazelnut plants originate from a pest free area for eastern filbert blight.

     (b) The hazelnut plants are micropropagated and shipped in artificial culture medium in sealed containers.

     (2) Regulated articles from any area except the area addressed in subsection (1) of this section must be accompanied by a phytosanitary certificate stating that the hazelnut plants have been inspected by the certifying agency during the last active growing season and found free of eastern filbert blight.


WAC 16-474-025   Eastern filbert blight -- Disposition of articles not in compliance.   The department will refuse admittance into the state of all regulated articles not complying with the requirements of this rule. If regulated articles enter the state in violation of eastern filbert blight quarantine provisions, the owner or the owner's responsible agent will be given the option of destroying the material in a manner that will prevent dissemination of any Anisogramma anomala or immediately sending it out-of-state.


WAC 16-474-030   Eastern filbert blight -- Permits.   The department may issue permits waiving portions of this chapter and specifying conditions under which regulated material may be imported from the quarantine area in the following situations:

     (1) The material is Corylus planting stock being imported by Washington State University or USDA for experimental or trial purposes; or

     (2) No more than twenty-five plants are being imported by a grower as source material for micropropagation, and these plants will be isolated and held until the department determines them to be free of Anisogramma anomala. As a condition of the permit, the permit holder may be required to hold these source plants in an enclosed facility during the micropropagation process and to destroy them upon its completion.