WSR 25-21-117

EMERGENCY RULES

NOXIOUS WEED

CONTROL BOARD

[Filed October 20, 2025, 3:23 p.m., effective October 20, 2025, 3:23 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: Emergency Class A listing of sunflower broomrape, Orobanche cumana, WAC 16-750-005. Orobanche cumana is known to cause major crop losses within one to two seasons and to persist in the soil for more than 50 years, once established. It is highly invasive, producing over 700,000 dust like seeds per flowering stalk that are moved with wind, water, animals, and disturbance.

This pest was found for the first time in North America in Yakima County. The United States Department of Agriculture and Washington state department of agriculture (WSDA) have positively identified it through lab testing. An emergency listing of this pest will ensure proper control measures continue.

Orobanche cumana is a devastating root parasite of sunflower (Helianthus annuus) and other members of Asteraceae (the sunflower family), and can lead to significant crop losses. Not only does Orobanchecumana pose a risk to sunflower producers in the state, but it could also have wide reaching impacts to the availability of export markets for agricultural commodities grown in the area. This could include seed and hay producers. One reason for the potential impact on export markets is due to the small and sticky seeds produced by the plant, which spread easily and can result in seed contamination.

This detection is especially concerning due to the aggressive nature of this parasitic weed and its potential to spread rapidly if left unmanaged. Orobanche cumana poses a serious threat to commercial sunflower production and could cause significant impacts to growers, processors, exporters, and the agricultural economy if not swiftly contained.

Class A noxious weed listing is appropriate, as this noxious weed is not native to the state and of limited distribution and poses a serious threat to the state. This listing will also complement the WSDA emergency quarantine, rule-making efforts for which are already in progress. Moreover, a Class A noxious weed listing will provide crucial education and outreach to the public as well as a regulatory tool to county noxious weed control boards to help ensure its mandatory eradication by public and private landowners if it is detected elsewhere in Washington state.

Citation of Rules Affected by this Order: Amending WAC 16-750-005.

Statutory Authority for Adoption: Chapter 17.10 RCW.

Other Authority: Chapter 34.05 RCW.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: This is the first known infestation of this species in North America. It is detrimental [crucial] to gain control of this infestation before it spreads to other locations. Class A noxious weed listing is appropriate. This listing will also complement the WSDA emergency quarantine, rule-making efforts for which are already in progress. Moreover, a Class A noxious weed listing will provide crucial education and outreach to the public, as well as a regulatory tool to county noxious weed control boards to help ensure its mandatory eradication by public and private landowners if it is detected elsewhere in Washington state.

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 the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, 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 0, Repealed 0.

Date Adopted: October 20, 2025.

Mary Fee

Executive Secretary

RDS-6772.1