WSR 99-22-099

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed November 3, 1999, 9:19 a.m. ]

Subject of Possible Rule Making: Chapter 16-487 WAC, Fruit tree disease quarantine.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 17.24, 15.14 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Existing rules, which were last evaluated in 1991, no longer accurately address virus, mycoplasma, and other diseases affecting Prunus species such as peaches, plums, prunes, apricots, and others. In order to continue to protect these crops from the introduction of exotic plant diseases, the rules need to be updated to reflect current plant production and marketing practices, disease discoveries, and recent scientific conclusions. The rule should also be made more clear and readable.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: USDA APHIS has authority to quarantine and regulate for plant diseases; however, the federal agency has chosen not to exercise its powers for many diseases known to be present in areas of the United States other than the Pacific Northwest.

Interstate quarantine activity is generally exercised by the individual states.

Process for Developing New Rule: Washington State Department of Agriculture representatives discuss proposed rule change with affected government agencies and stakeholders and then publish the rule proposal.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mary A. Martin Toohey, Assistant Director, Washington State Department of Agriculture, Laboratory Services Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1907, fax (360) 902-2094; and Thomas Wessels, Plant Services Program Manager, Washington State Department of Agriculture, Laboratory Services Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-2984, fax (360) 902-2094.

November 3, 1999

Mary A. Martin Toohey

Assistant Director

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