FIREWOOD EXTERIOR QUARANTINE

Pursuant to chapter 17.24 RCW, a quarantine is established to protect the state of Washington from the introduction of plant pests, including plant diseases, and bee pests transported on firewood from outside the state.

The movement of firewood containing plant pests and bee pests poses a threat to Washington's forests, agriculture, and environment. Eggs, larvae, and adult stages of many invasive insect pests can be carried on or inside firewood and are easily spread when firewood is moved from one location to another. Introductions of these invasive insect pests have destroyed forests and crops and are costly to control. Invasive plant pests that may be transported through firewood include emerald ash borer, spongy moth, Asian longhorned beetle, spotted lanternfly, pine wood nematode, Sirex woodwasp, Japanese cedar longhorn beetle, and other insects and organisms that can directly or indirectly injure or cause disease or damage in plants or parts of plants or in processed, manufactured, or other products of plants, or that can be considered bee pests. The director of the department has determined that it is necessary to establish a quarantine to prevent the introduction of plant pests and bee pests to protect the environmental quality, forests, floriculture, and agricultural crops of the state of Washington.

No person shall transport, by any means, untreated firewood into the state of Washington, for sale or use within the state, from any location outside of the state.

This quarantine and the requirements set forth in this rule do not apply to firewood harvested and remaining within Washington state, compressed wood bricks, pellets, and other processed wood products used for fuel wood uses such as home heating or campfires, and any nonfirewood product or logs for industrial use, such as sawlogs, pulpwood, or wood chips being transported to facilities for processing into lumber, paper, or manufactured wood products.

The definitions set forth in this section shall apply throughout this chapter, unless the context otherwise requires:

(1) "Approved Pest Free" is a labeling standard for firewood harvested outside of Washington state that complies with the provisions of WAC 16-476-003. When firewood is harvested outside of Washington state and is treated in compliance with WAC 16-476-003, it must be labeled "Approved Pest Free" in order to be transported into the state.

(2) "Department" means the Washington state department of agriculture.

(3) "Firewood" means all wood of any species, cut or not cut, split or not split, regardless of length which is:

(a) In a form and size appropriate for use as a fuel; or

(b) Which is destined for use as fuel. Firewood shall not include kiln dried dimensional lumber, and wood that has been chipped to a maximum piece size that is no greater than 1-inch in 2-dimensions. Firewood shall not include logs or wood being transported to or possessed by the following operations and facilities, for use in their primary manufacturing process:

(i) Sawmill for dimensional lumber;

(ii) Pulp and/or paper mills;

(iii) Wood pellet manufacturing facilities;

(iv) Plywood manufacturing facilities;

(v) Wood biomass-using refineries or power plants; and

(vi) Reconstituted wood or wood composite product manufacturing plants.

(4) "Firewood provider" means any person, including a business, that produces firewood for sale, supplies it, or sells firewood.

(5) "Person" means a natural person, individual, firm, partnership, corporation, company, society, or association, and every officer, agent, or employee of any of these entities.

(6) "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.

(7) "Plant pest" means a living stage of an insect, mite, nematode, slug, snail, or protozoa, or other invertebrate animal, bacteria, fungus, or parasitic plant, or their reproductive parts, or viruses, or an organism similar to or allied with any of the foregoing plant pests, including a genetically engineered organism, or an infectious substance that can directly or indirectly injure or cause disease or damage in plants or parts of plants or in processed, manufactured, or other products of plants.

(8) "Source" means the state from which the firewood was harvested.

(9) "Untreated firewood" means any firewood that has not been treated in accordance with the provisions of WAC 16-476-003.

(1) In order to be transported into Washington state, firewood from outside Washington state must be heat treated to a minimum wood core temperature of 71°C (160°F) for at least 60 minutes or equivalent treatment as approved by the department. Air drying of firewood is insufficient and is not approved by the department. Post treatment firewood must be stored in a manner to minimize potential reinfestation by plant and bee pests.

(2) Firewood that meets the standard in subsection (1) of this section may be transported into Washington state if accompanied by a label that fully states:

(a) The source of the firewood; and

(b) Includes the statement "Approved Pest Free."

(3) Providers of "Approved Pest Free" firewood shall maintain, for at least two years from the date of treatment, records that document the source of the wood, the treatment method, date of treatment, and the volume of firewood treated. When requested, providers of "Approved Pest Free" firewood shall provide such records to the department at no cost. Official phytosanitary certificates from a firewood provider's state department of agriculture or official equivalent may be used to verify the treatment method and volumes of treated firewood produced.

(4) Packaged firewood that has been certified by USDA may also be transported into Washington state. This firewood must be labeled to clearly show it is certified by USDA, as well as contain the producer's name and address.

(1) Violators are subject to civil penalties of up to $5,000, per violation, as provided by RCW 17.24.141. Each violation shall be a separate and distinct offense.

(2) If upon inspection, the department finds that firewood is being held or transported in violation of this rule, the department shall notify the owner that a violation of this chapter exists. The director may impound or order impounding the firewood in such a manner as may be necessary to prevent the threat of infestation pursuant to RCW 17.24.091.