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

     Purpose: This rule-making order amends chapter 16-324 WAC, Rules for the certification of seed potatoes by:

     (1) Adding an additional laboratory test for potato virus Y (PVY) for all lots entered for post-harvest testing;

     (2) Eliminating the latent virus testing requirement for potato virus X (PVX);

     (3) Adding definitions for "seed potato farm" and "ELISA testing";

     (4) Allowing nuclear generation seed potatoes to be recertified if tests are negative for bacterial ring rot disease;

     (5) Revising the requirement for physical separation in the field between lots of different classes (generations) or different varieties;

     (6) Changing G1 requirement that the seed potatoes must be produced in a field that has not been planted with potatoes from three years to one year; and

     (7) Requiring all G1 lots, with the exception of those lots of less than a quarter acre that are planted back on the same farm, to be post-harvest tested.

     Citation of Existing Rules Affected by this Order: Repealing WAC 16-324-401 and 16-324-402; and amending WAC 16-324-361, 16-324-385, 16-324-391, 16-324-392, 16-324-393, 16-324-396, 16-324-398, 16-324-409, 16-324-420, and 16-324-431.

     Statutory Authority for Adoption: RCW 15.14.015.

     Other Authority: Chapter 34.05 RCW.

      Adopted under notice filed as WSR 13-08-071 on April 2, 2013.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 10, Repealed 2.

     Date Adopted: May 24, 2013.

Don R. Hover

Director

OTS-5301.3

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

     "Department" means the department of agriculture of the state of Washington.

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

     "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)) sepedonicus (ring rot).

     "ELISA testing" means laboratory testing by enzyme-linked immunosorbant assay or other equivalent methodologies.

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

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

     "Minitubers" means tubers produced under controlled greenhouse conditions.

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

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

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

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

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

     "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.

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

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

     "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.

     "Seed potato farm" means a seed potato enterprise, including all land, equipment, storages and all facilities used to produce certified seed potatoes.

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

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

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

     "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.

     "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: Chapters 15.14 and 34.05 RCW. 07-11-010, § 16-324-361, filed 5/3/07, effective 6/3/07. 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)) sepedonicus (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)) The same separation must be left between different varieties, unless the varieties are readily distinguishable by visual observation. The separation must consist of one of the following:

     (i) A strip of land at least six feet in width, that is unplanted or planted with another crop; or

     (ii) Visible markers such as flags in every corner of the lot, and also at intervals not to exceed one hundred yards.

     (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.

[Statutory Authority: Chapters 15.14 and 34.05 RCW. 08-10-039, § 16-324-385, filed 4/30/08, effective 5/31/08; 07-11-010, § 16-324-385, filed 5/3/07, effective 6/3/07. 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 seed potato 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.

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

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

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

[Statutory Authority: Chapters 15.14 and 34.05 RCW. 07-11-010, § 16-324-391, filed 5/3/07, effective 6/3/07. 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: Chapters 15.14 and 34.05 RCW. 07-11-010, § 16-324-392, filed 5/3/07, effective 6/3/07. 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) 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 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 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: Chapters 15.13, 15.14 and 34.05 RCW. 04-12-026, § 16-324-393, filed 5/26/04, effective 6/26/04. 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) Seed stocks entered for certification ((must)) should be planted and harvested prior to handling any other seed stock. The earliest generation ((must)) should be handled prior to later generations within the program.

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

[Statutory Authority: Chapters 15.14 and 34.05 RCW. 07-11-010, § 16-324-396, filed 5/3/07, effective 6/3/07. 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) First and second field inspection tolerances, expressed as percentages.

	Nuclear	G 1	G 2	G 3	G 4	G5
Factor
Varietal mixture	((0.00)) 0.10	((0.00)) 0.10	((0.01)) 0.20	((0.25)) 0.30	((0.25)) 0.40	((0.25)) 0.50
Mosaic	0.00	0.10	((0.20)) 0.25	0.50	((1.00)) 0.75	((2.00)) 1.00
Leafroll	0.00	((0.05)) 0.10	((0.10)) 0.25	((0.25)) 0.30	((0.25)) 0.50	((0.25)) 0.50
Total visible virus	0.00	((0.10)) 0.20	((0.30)) 0.50	((0.75)) 0.80	1.25	((2.25)) 1.50
Phytoplasmas	0.00	0.00	0.10	0.20	0.50	1.00
Black leg	0.00	0.10	0.50	1.00	2.00	*
Ring rot	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
Spindle tuber viroid and other quarantined pests	0.00	0.00	0.00	0.00	0.00	0.00

*Tolerance for black leg does not apply to G5.

[Statutory Authority: Chapters 15.13, 15.14 and 34.05 RCW. 04-12-026, § 16-324-398, filed 5/26/04, effective 6/26/04. 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.]

     (c) Lots for which a post-harvest test is required by WAC 16-324-399.

     (2) Seed lots submitted for post-harvest testing in subsection (1)(a) and (b) of this section must also be ELISA tested for PVY.

     (3) A minimum of four hundred tubers must be submitted for each seed lot entered for post-harvest testing. Seed lots less than ((one)) 0.25 acre in size must submit a minimum of four tubers per total hundred weight with a minimum of fifty tubers.

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

     (((4))) (5) 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: Chapters 15.14 and 34.05 RCW. 07-11-010, § 16-324-409, filed 5/3/07, effective 6/3/07. 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.]

TOLERANCE TABLE: PERCENT DISEASE
Factor	NUCLEAR	G1	G2	G3	G4	G5
Leafroll	0.00	0.25	0.50	0.75	1.00	2.00
Mosaic (((well defined))) (includes ELISA for PVY)	0.00	0.25	0.50	1.00	1.50	2.00
Total virus	0.00	0.50	0.75	1.00	1.50	3.00

[Statutory Authority: RCW 15.14.030. 97-11-028, § 16-324-420, filed 5/14/97, effective 6/14/97. Statutory Authority: Chapters 34.05 and 15.14 RCW. 92-22-017 (Order 4014), § 16-324-420, filed 10/22/92, effective 11/22/92. Statutory Authority: Chapter 15.14 RCW. 78-12-034 (Order 1587), § 16-324-420, filed 11/21/78; Order 1199, § 16-324-420, filed 5/5/71, effective 6/7/71.]

     (2) Each storage or room containing more than one seed lot must have ((a solid)) an impermeable barrier between each lot.

     (a) The department will reject any seed lot in which ring rot or nematode is found.

     (b) Noncertified potatoes must not be stored in the same facility as certified seed potatoes.

     (3) The applicant must notify in writing receivers of any seed lot found to be infected with ring rot. The applicant must provide the department with a copy of this notification when it is sent to the receiver.

     (4) All seed classes must be graded according to the United States Standards for Grades of Seed Potatoes.

     (5) Each container or sack must be identified with an official Washington seed potato tag listing the grower's name, address, seed lot number, net weight, variety and classification unless such information is printed on the sacks or containers.

     (6) The department issues tags to the grower. The grower is required to comply with all of the following:

     (a) Tag the sack or container as the potatoes are sorted;

     (b) Allow inspection of graded seed potatoes at any time;

     (c) Remove the tags from out-of-grade potatoes under the supervision of the department; and

     (d) Return all unused tags to the department.

     (7) The department may issue a compliance agreement authorizing the grower to tag seed potatoes.

     (8) Bulk shipments must be identified with the information required in subsection (5) of this section.

[Statutory Authority: Chapter 15.14 RCW. 02-12-010, § 16-324-431, filed 5/23/02, effective 6/23/02; 00-20-070, § 16-324-431, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. 97-11-028, § 16-324-431, filed 5/14/97, effective 6/14/97.]

     The following sections of the Washington Administrative Code are repealed:

WAC 16-324-401	Latent virus testing requirements.
WAC 16-324-402	Latent virus tolerance.