WSR 14-17-124 PROPOSED RULES DEPARTMENT OF AGRICULTURE [Filed August 20, 2014, 10:04 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-05-094.
Title of Rule and Other Identifying Information: Chapter 16-483 WAC, Grape virus quarantine, and chapter 16-481 WAC, Grape insect pests. The agency is proposing to adopt changes as a result of a petition submitted by the Washington Association of Wine Grape Growers. These changes include:
(1) Combining the grape virus quarantine and the grape insect pests rules into one chapter under chapter 16-483 WAC, Grape pest quarantine;
(2) Adding grapevine virus A and Xylella fastidiosa to the list of quarantined pests;
(3) Updating the name of the corky bark disease agent to grapevine virus B;
(4) Repealing chapter 16-481 WAC, Grape insect pests; and
(5) Updating and improving language clarity.
Hearing Location(s): Washington State Department of Agriculture, 21 North First Avenue, Pest Program Conference Room, 1st Floor, Yakima, WA 98902, on September 23, 2014, at 11:00 a.m.
Date of Intended Adoption: October 7, 2014.
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 September 23, 2014.
Assistance for Persons with Disabilities: Contact Henri Gonzales by September 16, 2014, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal combines the grapevine insect pest quarantine and the grapevine virus quarantine into a single grapevine pest quarantine. It also adds grapevine virus A and Xylella fastidiosa to the list of quarantined pests. Introduction of pests into the state of Washington through infested grape plants, rootstock, and plant cuttings or on contaminated grape cultivation or harvesting equipment could have a severe economic impact on the Washington grape industry. Modifications to the grape virus quarantine are necessary to harmonize Washington's quarantine with Oregon and Idaho and continue to be effective in excluding harmful viruses and insects.
Reasons Supporting Proposal: Chapters 16-481 and 16-483 WAC establish the rules for the importation of grape planting stock into the state. Washington growers do not currently produce enough certified grape planting stock to meet the needs of an expanding grape industry. This means that it is necessary to import vines from other states. Most imported certified stock is from California with a smaller amount coming from the Oregon certification program. Both California and Oregon have similar certification programs. Since it is necessary to import planting stock from other states, it is also necessary to revise the quarantine periodically to continue to provide the same level of protection against pest threats and meet the changing needs of a rapidly evolving grape industry.
Combining the grape insect quarantine and the grape virus quarantine will make it easier for growers to understand the requirements for importing grapevines and will provide the current level of protection from grapevine pests.
Statute Being Implemented: RCW 17.24.011 and 17.24.041.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington Association of Wine Grape Growers, private.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Tom Wessels, 1111 Washington Street S.E., Olympia, WA 98504-2560, (360) 902-1984.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal imposes no additional regulations or costs on Washington businesses.
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).
August 18, 2014
Brad White
Assistant Director
Chapter 16-483 WAC
GRAPE ((VIRUS)) PEST QUARANTINE AMENDATORY SECTION (Amending WSR 00-23-096, filed 11/21/00, effective 12/22/00)
WAC 16-483-001 ((Grape virus quarantine—))Establishing a quarantine.
((The production of wine grapes, juice grapes, and grape planting stock are important industries in the state of Washington. The director has determined that these industries are threatened by the introduction and establishment of the virus diseases known as leafroll, fanleaf and corky bark that are not known to occur in the state of Washington. The presence of these virus diseases cannot be determined by the most rigorous visual examination of dormant grape planting stock. The introduction and establishment of these virus diseases would entail great economic loss to the grape industries of the state. To minimize this risk, the director, under the authority provided in chapter 17.24 RCW, has established a quarantine setting forth rules for the importation of grape planting stock into the state of Washington.)) (1) A quarantine is established against harmful pests of grapevines that could endanger the grape industries of Washington.
(2) Quarantine pests include:
(a) Grapevine fanleaf virus;
(b) Grapevine leafroll associated viruses;
(c) Grapevine virus A;
(d) Grapevine virus B;
(e) Xylella fastidiosa;
(f) Grapevine phylloxera (Daktulosphaira vitifoliae); and
(g) Vine mealybug (Planococcus ficus).
AMENDATORY SECTION (Amending WSR 00-05-105, filed 2/16/00, effective 3/18/00)
WAC 16-483-010 ((Grape virus quarantine—Quarantine)) Area under quarantine.
The area((s)) under quarantine includes all states, districts, and territories of the United States ((outside of the territorial borders of the state of Washington)).
AMENDATORY SECTION (Amending WSR 00-05-105, filed 2/16/00, effective 3/18/00)
WAC 16-483-020 ((Grape virus quarantine—))Regulated articles.
((All)) Grape planting stock ((is)) including live plants, hardwood cuttings, softwood cuttings, and any other plant parts capable of propagation except fruit are regulated under the terms of this quarantine.
AMENDATORY SECTION (Amending WSR 00-23-096, filed 11/21/00, effective 12/22/00)
WAC 16-483-030 ((Grape virus quarantine—Regulations.)) Restrictions.
Grape planting stock will be admitted into the state of Washington provided the following provisions are complied with:
(1) An official certificate issued by the plant protection organization of the state, district, or territory of origin certifying that the grapevines meet the requirements of this chapter must accompany the grape planting stock into the state.
(2) The grape planting stock has been certified in accordance with the regulations of an official grapevine certification program that includes inspection and testing by methods approved by the director for grapevine fanleaf virus, grapevine leafroll ((and corky bark virus diseases. An official certificate issued by the plant protection organization of the state of origin certifying that the grapevines meet the requirements of this chapter must accompany the grape planting stock into the state.
(2) All shipments of grape planting stock must be plainly marked with the contents on the outside of the package or container.
(3) Persons shipping or transporting grape planting stock into this state from areas under quarantine shall notify the department by mail or telefacsimile prior to shipment. The notification must include the nature of the grape planting stock (such as live plants, hardwood cuttings, softwood cuttings, rootstocks, or other similar categories), the quantity in each shipment, the expected date of arrival, the name of the intended receiver and the destination. The person to whom the articles are shipped shall hold the articles until the grape planting stock is inspected and/or released by the department)) associated viruses, grapevine virus A, grapevine virus B, and Xylella fastidiosa.
(3) Each shipment of grapevines, grape rootstock, or softwood cuttings from a state infested with grapevine phylloxera or vine mealybug require one of the following statements on the certificate:
(a) The grapevines, rootstock, or softwood cuttings were grown in and shipped from an area known to be free from grape phylloxera and vine mealybug; or
(b) The grapevines, rootstock, or softwood cuttings were grown under an approved sterile media system; or
(c) For small shipments (five hundred articles or less), softwood cuttings were inspected by a state, district, or territory plant regulatory official and were found to be free from grape phylloxera and vine mealybug; or
(d) The grapevines, rootstock, or softwood cuttings were subject to one of the two treatments in subsection (4) of this section or other treatments determined to be effective and are approved in writing by the director. The treated grapevines must be stored in a manner after treatment that would prevent reinfestation.
(4) Acceptable treatments for grapevine insect pests include:
(a) Hot water treatment. Dormant, rooted grapevines or rootstock shall be washed to remove all soil or other propagative media. Dormant rooted plants or rootstock shall be immersed in a hot water bath for a period of not less than three minutes nor more than five minutes at a temperature of not less than 125°F (52°C) nor more than 130°F (55°C) at any time during immersion; or
(b) Methyl bromide fumigation. Grapevines, rootstock, or softwood cuttings may be treated by methyl bromide fumigation. The fumigation shall be in an approved gastight fumigation chamber, equipped with a heating unit, fan for dispersal of gas and clearing the chamber of gas after fumigation, and interior thermometer readable from the outside. Fumigation shall be with a dosage of two pounds (0.908 kg) of methyl bromide per one thousand cubic feet (twenty-eight cubic meters) for a period of three hours at a temperature of between 65°F (18.3°C) and 70°F (21.1°C). The fan shall be operated for a period of ten minutes after the injection of the gas.
(5) All shipments of grapevines, rootstock, or softwood cuttings from a quarantine area shall be plainly marked with the contents on the outside of the package or container as "grapevines," "grape rootstock," or "grape cuttings."
NEW SECTION
WAC 16-483-033 Equipment cleaning requirements.
(1) All equipment used for cultivation or harvesting of grapes in the grape insect pest quarantine areas must be thoroughly washed or steam cleaned to remove all soil and plant material prior to entry into the state of Washington. Such equipment shall be subject to inspection by authorized inspectors of the department.
(2) Any equipment found to be in violation of this cleaning requirement shall be subject to detention by the department until such equipment is thoroughly cleaned at the expense of the owner or shipper or provisions are made to transport the equipment directly out of the state.
NEW SECTION
WAC 16-483-037 Notification requirement.
The department shall be notified by U.S. mail, e-mail, or telefacsimile to: Plant Protection Division, Washington State Department of Agriculture, 1111 Washington Street S.E., P.O. Box 42560, Olympia, WA 98504-2560; e-mail: PlantServices@agr.wa.gov; fax: 360-902-2094, prior to the shipment of grapevines or cuttings under the grape pest quarantine into this state from an infested area. Such notice shall include, but not be limited to, the approximate number of grapevines, rootstock, or softwood cuttings; the shipper; the consignee; the method of treatment used, if applicable; and the approximate date of delivery.
AMENDATORY SECTION (Amending WSR 00-05-105, filed 2/16/00, effective 3/18/00)
WAC 16-483-040 ((Grape virus quarantine—))Disposition of ((material)) products shipped in violation of this quarantine—Violations.
((The department will refuse admittance into the state grape planting stock not meeting the requirements of this chapter. For grape planting stock shipped into the state in violation of this chapter, the department will give the owner or the owner's responsible agent the option of destroying the material or immediately sending it out of the state.)) Any shipment of grapevines, rootstock, or softwood shipped into or entering the state of Washington from an infested area and not accompanied by the required certificate or not complying with the notification requirement in WAC 16-483-037 shall be returned to the point of origin, or destroyed at the option and expense of the owner or owners, or their responsible agent or agents.
AMENDATORY SECTION (Amending WSR 00-05-105, filed 2/16/00, effective 3/18/00)
WAC 16-483-050 Grape ((virus)) pest quarantine—Exemption.
The restrictions on the movement of regulated articles set forth in this chapter do not apply to grape planting stock imported for experimental or trial purposes by the United States Department of Agriculture or Washington State University: Provided, ((a permit issued by)) the ((director)) director's written permission is obtained.
REPEALER
The following chapter of the Washington Administrative Code is repealed:
| ||||||||||||||||||