WSR 15-04-126

PREPROPOSAL STATEMENT OF INQUIRY

[Filed February 3, 2015, 3:14 p.m.]

Subject of Possible Rule Making: WAC 16-301-235 Phytosanitary field inspection requirements for beans; 16-301-365 through 16-301-440, bean seed quarantine; and chapter 16-303 WAC, Seed assessment, fees for seed services and seed certification. The department is reviewing the existing rules on bean seed inspections and quarantines, and at the request of industry is considering requiring a third inspection for fields under sprinkler irrigation or a laboratory test to detect halo blight. In addition, the department is considering adding a fourth inspection for trial grounds and potentially adopting new or amended fee provisions to cover the department's costs associated with the proposed inspection and testing services.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Halo blight has been discovered in one bean field in Washington this year. To keep this disease out of Washington, industry has suggested having the department do a second growing season inspection for fields under sprinkler irrigation, for a total of three required inspections, or require laboratory pathology testing of seed prior to planting. A fourth inspection was suggested by industry for trial grounds.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: The Washington state department of agriculture staff will develop the rule proposal and will communicate with stakeholders and other interested parties for their review and comment. Interested parties can also participate in the public hearing/public comment process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jeff Larsen, 1111 Washington Street S.E., P.O. Box 42560, Olympia, WA 98504-2560, (360) 902-1960, fax (360) 902-2085, jlarsen@agr.wa.gov; or Victor Shaul, 21 North 1st Avenue, Suite 203, Yakima, WA 98902, (509) 249-6955, fax (509) 454-4395, vshaul@agr.wa.gov.

February 3, 2015

Brad J. Avy

Assistant Director