WSR 99-24-133

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed December 1, 1999, 11:26 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-15-016.

Title of Rule: Organic crop production standards.

Purpose: Chapter 16-154 WAC are the rules for organic crop production. The rules provide standards for organic crop production and set recordkeeping requirements for organic crop producers.

Statutory Authority for Adoption: Chapter 15.86 RCW.

Statute Being Implemented: Chapter 15.86 RCW.

Summary: The proposed amendments to chapter 16-154 WAC update the crop production standards. The amendments specify the food production guidelines, recordkeeping requirements, and gives a comprehensive list of the materials and practices that are approved and prohibited in crop production. The amendments include two new sections that outline the organic farm plan requirements and mushroom standards.

Reasons Supporting Proposal: Applicants to the organic food program will benefit from the rule update and from the clarification of the definitions, crop production standards, materials that are approved and prohibited for use in organic production, and recordkeeping requirements.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Miles McEvoy, Olympia, (360) 902-1924.

Name of Proponent: Organic Food Program, Washington State Department of Agriculture, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The organic crop production standards, chapter 16-154 WAC, were first adopted in 1987. The rules provide the standards for organic crop production and include a list of generically approved materials that may be used by producers of organic crops. The standards include a list of approved fertilizers, soil amendments, crop production aids, pest control materials and post harvest materials. The standards also include a list of prohibited materials and practices. In addition the rule specify the requirements regarding buffer zones, borders at risk, treated wood, roadside vegetation management, genetically engineered organisms, organic farm plan and record keeping for organic crop production.

The organic crop production standards are being revised for a number of reasons. One, they will clarify the standards regarding genetic engineering, transplants, seeds, sprouts, and transitional requirements. Two, they will align Washington's organic standards with national and international organic standards. Three, the proposed amendments will enhance organic integrity through the requirements for notification and nonchemical vegetation management. Fourth, the list of approved and prohibited materials will be clarified and updated to national organic standards.

Proposal Changes the Following Existing Rules: WAC 16-154-030 Definitions.

Adds definitions for Aged Manure, Commercially Unavailable, Compost, Composting, Crop Production Aid, EPA, EPA's List 1, EPA's List 2, EPA's List 4A, EPA's List 4B, Fertilizer, Genetic Engineering, Growing Medium, Growing Medium Amendment, Manure, Organic Food, Practice, Raw Manure, Site, Soil Amendment, Spawn, and Transition to Organic Food. Amends the definitions of Inert Ingredient, Material, and Prohibited.

WAC 16-154-050 Organic crop production standards.

Buffer zones - Clarifies that crops in buffer zones cannot be marketed as organic.
Soil building - Deletes requirement in this section and incorporates requirement for soil testing and soil quality plan under the organic farm plan, WAC 16-154-053.
Requires clear identification of all sites in organic crop production.
Specifies that borders at risk for pesticide drift are periodically sampled.
Requires nonchemical vegetation management in areas in proximity to organic crop production.
Requires producers to notify adjoining land owners of the location of organic crop production sites.
Transitional requirements - Clarifies that organic crops must have no applications of prohibited materials for three years prior to harvest.
Transplants - Clarifies that annuals and biennials must be organically grown from seed to harvest. Seeds - Clarifies that untreated seeds must be used unless they are commercially unavailable.
Sprouts - Clarifies that sprouts must be grown from certified organic seed.
Prohibits genetically engineered crops in organic crop production.
Treated wood - Specifies approved and prohibited wood preservatives and uses of treated wood.
WAC 16-154-053 Organic farm plan.

This is a new section that requires all organic producers to complete an organic farm plan that documents the soil quality and pest management strategies implemented by the producer. The organic farm plan needs to be updated annually.

This section also requires that each site has a soil test every three years.

WAC 16-154-060 Records.

Clarifies the recordkeeping requirements for the acreage used to grow organic crops as well as the materials applied to those crops.
Includes additional requirements for sales records of all organic crops and yield records for wholesale crops.
Includes a requirement to maintain records of complaints received by the producers. This requirement is added to comply with the international standards organization requirements for ISO 65 accreditation. ISO 65 accreditation is needed to access many export markets.
WAC 16-154-070, 16-154-080, 16-154-090, 16-154-100, 16-154-110, and 16-154-120.

These sections include the approved and prohibited materials for organic crop production. These sections have been rewritten to clarify the materials approved for use in organic crop production. The major changes are noted below under each section.

WAC 16-154-070 Fertilizers, growth promoters, crop production aids, and soil amendments.

Approves for use alfalfa meal, corn calcium, corn gluten, cover crops, soaps, and vitamin B-1.
Approves for restricted use acetic acid, amino acids, ascorbic acid, unwaxed cardboard, citric acid, food processing waste, ligno sulfonates, paint, potting soil, row covers, sulfur burners, wetting agents, and yard waste.
Specifies the pesticide residue testing requirements for cottonseed meal, food processing waste, yard waste, mushroom compost and grape and apple pomaces.
Prohibits the use of calcium chloride, detergents, leather meal and sewage sludge.
Prohibits the use of sodium nitrate starting in the year 2003.
Specifies the restrictions on the use of latex paint in organic crop production.
WAC 16-154-080 Insect pest control materials and practices.

Approves azadrichtin (neem).
Clarifies criteria for inert ingredients in pest control materials.
Prohibits cryolite (sodium floualuminate) and detergents.
WAC 16-154-090 Weed control materials and practices.

Approves biological control organisms, corn gluten, cover crops, microbial products, mulches and plant and fungal extracts for organic weed control.
Prohibits herbicidal soaps and synthetic herbicides.
WAC 16-154-100 Disease control materials and practices.

Clarifies criteria for the approval of antibiotics and other disease control materials.
Approves for use plant and fungal extracts, potassium bicarbonate, and vinegar.
Approves the restricted use of microorganisms, paint and waxes for use in organic crop production.
Prohibits avermectin in organic crop production.
WAC 16-154-110 Vertebrate control materials and practices.

Prohibits the use of strychnine in organic crop production.

WAC 16-154-120 Post-harvest materials and practices.

Approves use of acetic acid, ascorbic acid, biological control organisms, microorganisms and periacetic acid.
Approves use of chlorine as a sanitizer. Restricts the use of chlorine in wash water to the maximum residual disinfectant limit.
Prohibits the use of detergents and quaternary ammonia compounds as post-harvest materials.
WAC 16-154-180 Mushroom standards.

This is a new section that codifies organic mushroom standards. The standards require certified organic growing medium and no applications of prohibited materials in the production of organic mushrooms.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

Introduction: The organic crop production standards, chapter 16-154 WAC, were first adopted in 1987. The rules provide the standards for organic crop production. The standards include a list of approved fertilizers, soil amendments, crop production aids, pest control materials and post harvest materials that may be used by producers of organic crops. The standards also include a list of prohibited materials and practices. In addition the rules specify the requirements regarding buffer zones, borders at risk, treated wood, roadside vegetation management, genetically engineered organisms, organic farm plan and record keeping for organic crop production.

Purpose for the Rule Amendment: The organic crop production standards are being revised for a number of reasons. One, they will clarify the standards regarding genetic engineering, transplants, seeds, sprouts, and transitional requirements. Two, they will align Washington's organic standards with national and international organic standards. Three, the proposed amendments will enhance organic integrity through the requirements for notification and nonchemical vegetation management. Fourth, the list of approved and prohibited materials will be clarified and updated to national organic standards.

The Washington State Department of Agriculture's (WSDA) Organic Advisory Board has worked in collaboration with the WSDA organic food program staff to develop the proposed amendments. The proposed changes are based on the United States Department of Agriculture's National Organic Standards Board and the Organic Trade Association's American Organic Standards.

Summary of Amendments: Twenty-two definitions are added to the definition section. Three definitions are amended. The organic crop production standards, WAC 16-154-050, adds sections on buffers at risk, roadside vegetation management, notification, sprouts, genetic engineering, transitional requirements and treated wood standards. Recordkeeping requirements are expanded to include sales and yield information along with records of complaints received by producers.

WAC 16-154-070, 16-154-080, 16-154-090, 16-154-100, 16-154-110, and 16-154-120 include approved and prohibited materials for organic crop production. These sections have been rewritten to clarify the materials approved for use in organic crop production. They also propose to prohibit leather meal, strychnine and sodium nitrate to bring Washington's organic standards in harmony with organic standards in the United States and Europe.

Two new sections are added to the rule. The organic farm plan, WAC 16-154-053, will require producers to document soil quality and pest management strategies utilized on their farm. The mushroom standards, WAC 16-154-180, will codify organic mushroom standards.

Businesses Affected by the Rule: Chapter 16-154 WAC affects all individuals and businesses that produce organic crops and transition to organic crops in Washington state. All producers of organic and transition to organic crops are small businesses (less than fifty full-time, year-round employees). The proposed amendments would impact all organic producers and would not impose a disproportionate impact on small businesses.

All producers of organic and transition to organic food products in Washington state within the following SIC codes are impacted by chapter 16-156 WAC: 019 general farms, primarily crop; 515 farm product -- raw materials. As of 1999 this includes four-hundred-forty-five (445) producers of organic and transition to organic food products.

Reporting, Recordkeeping and Compliance Requirements:

Notification: The proposal requires producers to notify adjoining land owners of the sites in organic crop production. As part of the application packet, the organic food program (OFP) provides an informational letter regarding organic crop production and methods to prevent pesticide drift. This letter may be copied and sent to adjoining land owners or the OFP will mail the letter to adjoining land owners upon request.

We estimate that the notification process will take producers an average of 30 minutes to contact their neighbors concerning their organic crop production.

Roadside Vegetation Management: In order to protect the integrity of organic crops many organic producers obtain nonchemical vegetation management agreements with the appropriate road or highway department. These agreements take approximately one hour of time for the producers to establish an agreement.

Farm Plan: As part of the current application process, applicants are required to complete a farm management plan. The completion of this form, as proposed, will take producers approximately one hour to complete.

Soil Testing: The proposal requires soil testing of each site in organic production once every three years. The cost of soil tests are from $35 to $65 per sample. Soil testing is a common agronomic practice that many organic producers already conduct on a regular basis.

Sales and Yield Records: Organic producers are required to maintain these records under the organic certification rules, chapter 16-156 WAC. The inclusion of this requirement in chapter 16-154 WAC reiterates that these records must be maintained. It is not a new requirement.

Maintaining Records of Complaints: The proposal includes a requirement that producers must maintain records of complaints received and the action that they take. This requirement is added to comply with the International Standards Organization requirements for ISO 65 accreditation. ISO 65 accreditation is needed to maintain access to many export markets. Organic producers receive very few complaints and this requirement should have minimal impact on organic producers.

Professional Services: The reporting, recordkeeping and compliance requirements would not necessitate the need for professional services. No professional service expenses would be incurred by the small businesses affected by chapter 16-154 WAC.

Cost of Compliance: The cost of complying with the new requirements in chapter 16-154 WAC will average about $50 per producer in direct costs (soil tests) and $75 in indirect costs (time valued at $30/hour).

Mitigation: The organic food program will provide recordkeeping forms for sales and yield records, organic farm plans, and complaints. Application packets for organic certification will include information on how to comply with the soil testing, roadside vegetation management and notification requirements.

Industry Outreach: The WSDA has worked closely with the Organic Advisory Board (OAB) on the proposed amendments to chapter 16-154 WAC. The OAB is comprised of organic industry members including farmers, packers, processors, consumers and farm input suppliers. The proposed amendments are being sent to all organic producers, processors and handlers as well as distributors and suppliers of materials used by organic producers. The proposal will include a comment form in order to facilitate the affected industry's ability to comment on the proposal.

Hearing Location: 11 a.m., January 5, 2000, Room 259, Natural Resources Building, 1111 Washington Street, Olympia, WA 98504-2560.

Send Comments to: Comments can be e-mailed to Miles McEvoy at mmcevoy@agr.wa.gov or mailed to WSDA Organic Food Program, P.O. Box 42560, Olympia, WA 98504-2560, or faxed to (360) 902-2087 attention: Organic Food Program. Questions about the proposed amendments should be directed to Miles McEvoy at (360) 902-1924.

Date of Intended Adoption: January 14, 1999 [2000].

A copy of the statement may be obtained by writing to Miles McEvoy, Organic Food Program, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1924, fax (360) 902-2087.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.

Hearing Location: Room 259, Natural Resources Building, 1111 Washington Street, Olympia, WA 98504-2560, on January 5, 2000, at 11 a.m.

Assistance for Persons with Disabilities: Contact Julie Carlson by December 29, 1999, TDD (360) 902-1996, or (360) 902-1880.

Submit Written Comments to: Miles McEvoy, Organic Food Program, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2087, by 5 p.m., January 5, 2000.

Date of Intended Adoption: January 14, 2000.

December 1, 1999

Candace Jacobs, DVM

Assistant Director

OTS-3538.3


AMENDATORY SECTION(Amending WSR 91-09-028, filed 4/11/91, effective 5/12/91)

WAC 16-154-030
Definitions.

As used in this chapter:

(1) "Active ingredient" means any ingredient which will prevent, destroy, repel, control, or mitigate pests, or which will act as a plant regulator, defoliant, desiccant, or spray adjuvant.

(2) "Aged manure" means manure that has been piled or held for six months or more but which has not been composted.

(3) "Approved" means any material or practice which meets the required criteria or standards for use in organic food production.

(((3))) (4) "Commercially unavailable" means the documented inability to obtain a production input or ingredient in an appropriate form, quality, quantity or variety to be feasibly used to fulfill an essential function in a system of organic farming, processing or handling.

(5) "Compost" means a material produced from a controlled process in which organic materials are digested by microbial action.

(6) "Composting" means a process in which organic materials are digested by microbial action.

(7) "Crop production aid" means any substance, material, structure or device that is used to aid a producer of an agricultural product except for fertilizers and pesticides.

(8) "Defoliant" means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant with or without causing abscission.

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

(((5))) (10) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissues.

(((6))) (11) "Director" means the director of the department of agriculture or his or her duly authorized representative.

(((7))) (12) "EPA" means the United States Environmental Protection Agency.

(13) "EPA's List 1" means the United States Environmental Protection Agency's List 1 of other (inert) pesticide ingredients of toxicological concern. This list is available at EPA's website www.epa.gov/opprd001/inerts/lists.html.

(14) "EPA's List 2" means the United States Environmental Protection Agency's List 2 of other (inert) pesticide ingredients of suspected toxicological concern. This list is available at EPA's website www.epa.gov/opprd001/inerts/lists.html.

(15) "EPA's List 4A" means the United States Environmental Protection Agency's List 4A of other (inert) pesticide ingredients that are generally regarded as safe. This list is available at EPA's website www.epa.gov/opprd001/inerts/lists.html.

(16) "EPA's List 4B" means the United States Environmental Protection Agency's List 4B of other (inert) pesticide ingredients that have sufficient data to substantiate they can be used safely in pesticide products. This list is available at EPA's website www.epa.gov/opprd001/inerts/lists.html.

(17) "Fertilizer" means any substance containing one or more recognized plant nutrients.

(18) "Genetic engineering" means techniques that alter the molecular or cell biology of an organism by means that are not possible under natural conditions or processes. Genetic engineering includes, but is not limited to, recombinant DNA, cell fusion, micro- and macro-encapsulation, gene deletion, and doubling, introducing a foreign gene, and changing the positions of genes. It does not include breeding, conjugation, fermentation, hybridization, in-vitro fertilization and tissue culture.

(19) "Growing medium" means any material that fungi may grow in.

(20) "Growing medium amendment" means a nutritional supplement added to the growing medium to enhance vigor and yields.

(21) "Inert ingredient" means an ingredient ((which)) in a pesticide formulation that is not an active ingredient.

(((8))) (22) "Manure" means feces, urine, bedding, and other waste incidental to an animal. It does not include sewage sludge, biosolids or human waste products.

(23) "Material" means any pesticide, ((plant regulator, defoliant, desiccant,)) spray adjuvant, fertilizer, soil amendment, growth regulator, crop production aid, post-harvest material or other substance or mixture of substances which is intended to be used in agricultural production or post-harvest use.

(((9))) (24) "Organic food" means any agricultural product, including meat, dairy and beverage, that (a) is marketed using the term organic or any derivative of organic in its labeling or advertising; (b) has had no applications of prohibited substances within three years prior to the harvest of the crop; and (c) is produced in compliance with standards defined in chapter 15.86 RCW and rules adopted thereunder.

(25) "Pesticide" means, but is not limited to:

(a) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, nematode, mollusk, fungus, weed, and any other form of plant or animal life or virus (except virus on or in living man or other animal) which is normally considered to be a pest or which the director may declare to be a pest;

(b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant;

(c) Any substance or mixture of substances intended to be used as a spray adjuvant; and

(d) Any other substances intended for such use as may be named by the director by regulation.

(((10))) (26) "Plant regulator" means any substance or mixture of substances intended through physiological action, to accelerate or retard the rate of growth or maturation, or to otherwise alter the behavior of ornamental or crop plants but shall not include substances insofar as they are intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculant, or soil amendments.

(((11))) (27) "Practice" means the physical action of doing something.

(28) "Prohibited" means any material or practice ((which is disallowed in organic food production, handling, or processing)) that is not approved or that is specifically prohibited under this chapter.

(((12))) (29) "Raw manure" means manure that is less than six months old and has not been composted.

(30) "Site" means a defined field, orchard, block, pasture, paddock, garden, circle, plot or other designated area.

(31) "Soil amendment" means any substance that is intended to improve the quality of the soil.

(32) "Spawn" means a medium that has been colonized with the desired fungal mycelia. It is used to inoculate growing medium.

(33) "Spray adjuvant" means any wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent with or without toxic properties of its own intended to be used with any other pesticide as an aid to the application or to the effect thereof, and which is in a package or container separate from that of the pesticide with which it is to be used.

(34) "Transition to organic food" means any agricultural product that:

(a) Is marketed using the term transition to organic or transitional in its labeling and advertising; and

(b) Satisfies all of the requirements of organic food except that it has had no applications of prohibited substances within one year prior to the harvest of the crop.

[Statutory Authority: Chapter 15.86 RCW.  91-09-028, § 16-154-030, filed 4/11/91, effective 5/12/91.]


AMENDATORY SECTION(Amending WSR 91-09-028, filed 4/11/91, effective 5/12/91)

WAC 16-154-050
Organic crop production standards.

(1) Buffer zones.  Crops harvested and marketed as "organic," "organically grown," or "transition to organic" shall be grown, raised, or produced within the meaning of RCW 15.86.030 at least twenty-five feet from the nearest application of prohibited materials. Crops grown in the buffer zone may not be marketed as "organic" or "transition to organic."

(2) ((Soil building.

(a) In order for a crop to be considered "organically grown" a soil building program must be in place for at least three years, except for those crops grown hydroponically.  In order for a crop to be considered "transition to organic" a soil building program must be in place for at least one year, except for those crops grown hydroponically.

(b) Upon request by the department producers of organic crops shall demonstrate their soil building programs and the department shall restrict producers from using the terms "organic," "organically grown," or "transition to organic" on crops grown without adequate soil building programs.  An adequate soil building program includes using humic building materials such as manure, compost, cover crops, and rock minerals which build or maintain soil organic matter.  Demonstration of soil building programs shall entail documentation of soil inputs and soil testing.

(3) Transplants.

(a) Annuals must be grown in an organic environment from seed through harvest.  Annual transplants must be organically grown in order to meet the organic crop production standards.

(b) Nonorganically grown perennial transplants will be considered "organic" after they have been grown in organic soil for one year.

(4) Seeds.  Untreated seeds and/or seeds treated with materials approved for organic food production are permitted for organic food production.  The use of synthetic insecticides on or in seeds is prohibited.  Seeds treated with fungicides may be used if the grower can demonstrate through written documentation that untreated seeds are unavailable.  Strawberry crowns and potatoes are considered seeds for the purpose of this section.)) Boundaries of site: The boundaries of each site in organic or transition to organic production must be clearly and unambiguously identified along all borders. Identification may consist of flagging, fences, posts, signs, roads or other markers.

(3) Borders at risk: Organic and transition to organic crops produced in proximity to the aerial or airblast application of prohibited materials are considered borders at risk. The department may periodically sample crops grown in borders at risk to assure that pesticide drift does not affect the integrity of the organic crops.

(4) Roadside and right of way vegetation management: Nonchemical vegetation management agreements must be established with road departments, railroads, irrigation districts, and other rights of way that are in proximity to organic and transition to organic food production, or, where no agreement is possible, adequate buffer zones must be established.

(5) Notification: Producers of organic and transition to organic crops must notify owners and/or managers of adjoining land that they are producing organic and/or transition to organic crops. The notification must state the location of the sites in organic and transition to organic food production. Notification must be made on an annual basis.

(6) Transitional requirements: Organic crops must have had no applications of prohibited materials to the crops or land for three years prior to the harvest of the organic crop. Transition to organic crops must have had no applications of prohibited materials to the crops or land for one year prior to the harvest of the transition to crop.

(7) Transplants and seedlings:

(a) Annual and biennial seedlings and transplants must be organically produced from seed.

(b) Perennial transplants must be grown on a certified organic site for at least twelve months prior to the harvest of an organic crop except for: Strawberries and fall bearing raspberries may be from a nonorganic source provided that organically grown transplants are commercially unavailable.

(8) Seeds: Seeds treated with prohibited materials are prohibited expect for seeds treated with fungicides provided that untreated seeds are commercially unavailable. Garlic cloves, potatoes and crops with similar life cycles are considered seeds for the purpose of this section.

(9) Sprouts produced for human consumption must be produced from certified organic seeds.

(10) Genetic engineering: Genetically engineered organisms and their derivatives are prohibited from being considered organic or transition to organic. Genetically engineered organisms must not be used as seeds, transplants or sources of any crops used in organic or transition to organic food production.

(11) Treated wood:

(a) Approved wood preservatives include sodium tetraborate, sodium octaborate, copper hydroxide, and copper sulfate.

(b) Prohibited wood preservatives include pentachlorophenol, creosote, and copper chromium arsenate.

(c) It is prohibited to use wood treated with prohibited wood preservatives in the new construction of raised beds.

(d) It is prohibited to use wood treated with prohibited substances in the new construction of greenhouses except when the wood is sealed or shielded from contact with the soil where organic crops are being grown.

(e) Existing greenhouses, raised beds, trellises and other structures that contain wood treated with prohibited wood preservative may be used in organic crop production.

[Statutory Authority: Chapter 15.86 RCW.  91-09-028, § 16-154-050, filed 4/11/91, effective 5/12/91.]


NEW SECTION
WAC 16-154-053
Organic farm plan.

Producers of organic and/or transition to organic food products must have an organic plan that consists of the following elements:

(1) Soil quality - The organic plan must contain provisions designed to foster soil quality, primarily through the management of the organic matter of the soil. The producer must conduct a baseline assessment of soil quality on each site in organic or transition to organic production. The baseline assessment must include measurement of percent organic matter, bulk density, electrical conductivity cation exchange capacity, pH, N, P, K, S, Ca, Na, Zn, Mn, Fe, Cu and B. Each site must be assessed once every three years.

(2) Pest management - The organic plan must contain provisions that include an integrated approach to pest management that stresses biointensive pest control and limits the use of botanical insecticides and copper compounds.

The principles of biointensive pest control are:

(a) Building prevention into pest management systems to lessen need for treatments.

(b) Identify and enhance the ability of beneficial organisms to directly control pest populations, compete with them for habitat, food and water, or repel them.

(c) Alter the pests' ability to reproduce or progress through its normal life cycle.

(d) Strengthen plant or tree defense mechanisms, and ability to overcome stress caused by pests and other environmental factors, through good cultural practices.

The department shall require producers to complete an organic plan and the plans shall be updated annually. The department shall restrict producers from selling, offering for sale or representing food products as organic and/or transition to organic food products when an organic plan is not implemented.

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AMENDATORY SECTION(Amending WSR 91-09-028, filed 4/11/91, effective 5/12/91)

WAC 16-154-060
Records.

((All producers who sell farm products identified as organic shall keep accurate records of the location of the acreage used for growing such products and the additions, excluding water, made to the soil or applied to the plant or added to irrigation water.  Such records shall be retained for two years after date of such sale.)) All producers who sell farm products identified as organic and/or transition to organic shall keep accurate records for each site enrolled in the organic certification program of:

(1) The location of the acreage used for growing such products;

(2) The materials applied, excluding water, made to the soil or applied to the plant or added to irrigation water. The records of materials applied shall include the date the material was applied, the quantity of the material applied, the application rate and the name of the material applied. Brand name materials must be identified by the complete brand name. Unbranded materials must be identified by type of material (e.g., chicken manure) and source (e.g., XYZ poultry farm). This information must be recorded on the same day that the material was applied;

(3) Sales of all certified organic and transition to organic food products produced and sold by the farm;

(4) Yield records for all organic and transition to organic food products sold in the wholesale market or to processors;

(5) Any complaints received and actions taken to address those complaints;

(6) Such records shall be retained for five years;

(7) The department shall keep confidential any business related information obtained under this chapter and such information shall be exempt from public inspection and copying as provided in RCW 15.86.110 and 42.17.310 (1)(ff).

[Statutory Authority: Chapter 15.86 RCW.  91-09-028, § 16-154-060, filed 4/11/91, effective 5/12/91.]


AMENDATORY SECTION(Amending WSR 91-09-028, filed 4/11/91, effective 5/12/91)

WAC 16-154-070
((Materials list for organic food production--))Fertilizers, growth promoters, crop production aids and soil amendments.

(1) Approved materials and practices.  The following list of fertilizers, growth promoters, crop production aids and soil amendments are approved for use in organic crop production.  Some approved materials have certain restrictions regarding their use.  These restrictions are noted in the list.  ALWAYS CAREFULLY READ THE LABEL AND ANY OTHER DOCUMENTATION.  All materials must be applied with awareness and care for the environment and in compliance with all state and federal laws.

(a) Acetic acid. Used as a drip irrigation cleaner and as an adjuvant to adjust pH of solutions.

(b) Alfalfa meal.

(c) Algae.

(((b) Animal manure: Excessive use of animal manure can lead to nitrate contamination of ground water.  Heavy nitrogen use can also lead to high nitrate levels in leafy greens.  Raw manure may be applied to:

(i) Any green manure crop;

(ii) Any perennial crop;

(iii) Any crop not for human consumption; and

(iv) Any crop for human consumption, if such crop is harvested after a reasonable period of time after the most recent application of raw manure, but in no event shall such period be less than sixty days.

(c) Blood meal.

(d) Blue-green algae or cyanobacteria.

(e) Bone meal.

(f) Boron products.

(g) Biodynamic preparations.

(h) Chelates: Chelated micronutrient sprays may be used in conjunction with soil and/or plant tissue tests.  Amino acid, ligno-sulphate, citric acid, malic acid, tartaric acid, and other di- and tri- acid chelates are acceptable.

(i) Chilean nitrate (see sodium nitrate).

(j) Cocoa bean hulls: Needs to be tested for pesticide residues.

(k) Compost.

(l) Cottonseed meal: Needs to be tested for pesticide residues.

(m) Cyanobacteria or blue-green algae.

(n) Diatomaceous earth: Use a dust mask when applying to prevent lung irritation.

(o) Dolomite: May cause buildup of magnesium.

(p) Enzymes: Acceptable if derived microbiologically from natural materials and not fortified with synthetic plant nutrients.

(q) Epsom salts or magnesium sulphate.

(r) Fish emulsions: Forms which are "fortified" with urea or other synthetic plant nutrients are prohibited.  Phosphoric acid used as a stabilizer in fish emulsion cannot exceed one percent by weight of P2 O5.

(s) Fish meal.

(t) Gibberellic acid: Acceptable if made without synthetic substances.

(u) Grape, apple, and other pomaces.

(v) Greensand.

(w) Guano, bat, or bird.

(x) Gypsum.

(y) Hoof and horn meal.

(z) Humates: Humates are usually natural deposits which are mined and may contain high trace mineral contents.  Acceptable if derived from leonardite, lignite, or coal.

(aa) Humic acid derivatives: These are extracts of humates which may be made with either natural or unnatural processes.  These are only acceptable if derived from natural sources and not fortified.

(bb) Iron sulfate.

(cc) Kelp extracts.

(dd) Kelp meal.

(ee) Kieserite.

(ff) K-mag or sul-po-mag.

(gg) Leather meal or tankage: Needs to be tested for heavy metals.

(hh) Limestone.

(ii) Manure: See (b) animal manure.

(jj) Microbial soil inoculants.

(kk) Mined materials.

(ll) Mulches: Plastic mulches must not be incorporated into soil.

(mm) Mushroom compost: Needs to be tested for pesticide residues.

(nn) Peat moss: Unfortified forms only.

(oo) Perlite.

(pp) Phosphate rock.

(qq) Potassium sulfate.

(rr) Rock phosphate.

(ss) Shells, ground: Oyster, clam, lobster, and crab.

(tt) Sodium nitrate: Discouraged because of high sodium content.  Cannot be used as the primary source of nitrogen.  Sodium nitrate can be used for up to twenty percent of total nitrogen inputs.  Total nitrogen is defined as pounds of nitrogen from all sources including, in part, manure, blood meal, compost, green manures, cover crops, and fish meal.

(uu) Spent controlled atmosphere lime.

(vv) Sugar beet lime: Needs to be tested for pesticide residues.

(ww) Sulfur, elemental: Direct application to soil discouraged.

(xx) Sulfates of zinc or iron.

(yy) Sul-po-mag or K-Mag.

(zz) Vermiculite.

(aaa) Wood ashes.

(bbb) Worm castings.

(ccc) Zinc sulfate.))

(d) Amino acids from naturally occurring organisms are allowed. Amino acids produced from genetically engineered organisms are prohibited.

(e) Animal byproducts including bone meal, blood meal, feather meal, hoof meal, horn meal, shrimp meal, crab meal and crab meat. Leather by-products are prohibited.

(f) Ascorbic acid. Used as a drip irrigation cleaner and as an adjuvant to adjust pH of solutions.

(g) Biodynamic preparations.

(h) Blood meal.

(i) Bone meal.

(j) Boron products. Mined sources are allowed including sodium tetraborate, sodium octaborate.

(k) Cardboard. Unwaxed cardboard may be used as mulch or as a compost feedstock. Waxed cardboard is prohibited.

(l) Chelates: Chelated micronutrient sprays may be used in conjunction with soil and/or plant tissue tests. Amino acid, lignin-sulfonate, citric acid, malic acid, tartaric acid and other di- and tri-acid chelates are acceptable. Synthetic chelating agents such as EDTA and HEDTA are prohibited.

(m) Citric acid. Used as a drip irrigation cleaner and as an adjuvant to adjust pH of solutions.

(n) Cocoa bean hulls: Must be composted or tested for pesticide residues of organochlorines and organophosphates. Testing of product must indicate that organochlorines and organophosphates residues are below 10 parts per billion.

(o) Compost: The materials (feedstocks) used to produce compost must consist of approved materials. Approved feedstocks include materials approved under WAC 16-154-070(1) and any uncontaminated natural materials including animal manure, food processing waste, and crop residue. Prohibited feedstocks include mixed municipal solid waste, sewage sludge, biosolids, glossy paper, gypsum by-product and other materials prohibited under this chapter.

(p) Corn calcium.

(q) Corn gluten.

(r) Cottonseed meal: Must be composted or tested for pesticide residues of organochlorines and organophosphates. Testing of product must indicate that organochlorines and organophosphates residues are below 10 parts per billion.

(s) Cover crops.

(t) Cyanobacteria or blue-green algae.

(u) Diatomaceous earth.

(v) Dolomite lime: (Magnesium carbonate and calcium carbonate.) May cause buildup of magnesium. Must be from a natural mined source.

(w) Enzymes: Acceptable if derived microbiologically from natural materials and not fortified with synthetic plant nutrients. Enzymes produced from genetically engineered organisms are prohibited.

(x) Epsom salts or magnesium sulphate.

(y) Feather meal.

(z) Fish emulsions: Forms which are "fortified" with urea or other synthetic plant nutrients are prohibited. Sulfuric, citric and/or phosphoric acid may be used to lower the pH to 3.5.

(aa) Fish meal.

(bb) Food processing waste. Must be from a certified organic source, composted or tested for pesticide residues of organochlorines and organophosphates. Testing of product must indicate that organochlorines and organophosphates residues are below 10 parts per billion. The department may require additional testing to ensure pesticide residues will not affect the integrity of the organic crops.

(cc) Gibberellic acid: Acceptable if made from a fermentation process.

(dd) Grape, apple and other pomaces: Must be from certified organic source, composted or tested for pesticide residues of organochlorines and organophosphates. Testing of product must indicate that organochlorines and organophosphates residues are below 10 parts per billion.

(ee) Greensand or glauconite.

(ff) Guano, bat or bird.

(gg) Gypsum (calcium sulfate): Must be from a naturally mined source. Gypsum by-product from drywall or other sources is prohibited.

(hh) Hoof and horn meal.

(ii) Humates: Acceptable if derived from leonardite, lignite or coal.

(jj) Humic acid derivatives: Extracts from natural humates by hydrolysis or potassium hydroxide extraction are allowed. These are only acceptable if derived from a natural source and not fortified.

(kk) Kelp meal and extracts.

(ll) Ligno sulfonates. Includes calcium lignosulfate, lignosulfonic acid and sodium lignosulfate. Allowed as a chelating agent, inert ingredient and dust suppressant.

(mm) Lime and limestone. Naturally mined lime including dolomite lime (magnesium carbonate) and agricultural lime (calcium carbonate) are approved for use. Synthetic sources (hydrated lime) and industrial sources (cement kiln lime, spent controlled atmosphere lime) are prohibited.

(nn) Manure: Raw and aged manure must not be applied within sixty days prior to harvest.

(oo) Meat meal.

(pp) Microbial products, for use with leguminous crops, as compost starters and as soil amendments. Microbial products cannot contain any synthetic ingredients, such as synthetic forms of nitrogen. Genetically engineered organisms and their products are prohibited.

(qq) Mined materials. Approved mined materials include boron products, Kieserite, Langbenite, leonardite, rock phosphate, gypsum, and greensand. Prohibited mined materials include potassium chloride, calcium chloride, potassium nitrate and other chloride salts.

(rr) Mulches: The materials used to produce mulch must consist of approved materials. Approved materials include uncontaminated natural vegetation, materials approved under WAC 16-154-070(1), newspaper and nonglossy paper. Prohibited materials include colored ink, glossy paper and waxed cardboard. Plastic mulches may be used and must not be incorporated into soil. Biodegradable paper mulch that contain fungicides or other prohibited materials are prohibited.

(ss) Mushroom compost: Must be certified organic, composted or tested for pesticide residues of organochlorines and organophosphates. Testing of product must indicate that organochlorines and organophosphates residues are below 10 parts per billion.

(tt) Paint: Latex paint is allowed as a tree seal for wounds and grafting purposes and may be used for painting greenhouses. Latex paint is prohibited for painting tree trunks. Nonlatex paints are prohibited in organic crop production.

(uu) Peat moss: Unfortified forms only.

(vv) Perlite.

(ww) Potting soil. Must consist of approved materials. Potting soil that contains synthetic fertilizer, prohibited wetting agents or other prohibited materials is prohibited.

(xx) Pumice.

(yy) Rock phosphate.

(zz) Row covers. Must not be incorporated into soil.

(aaa) Shells from oysters, crabs, clams and other shellfish.

(bbb) Soaps. Sodium and potassium salts of fatty acids are approved. Synthetic detergents are prohibited.

(ccc) Sodium nitrate: Discouraged because of high sodium content. Cannot be used as the primary source of nitrogen. Sodium nitrate can be used for up to twenty percent of total nitrogen inputs through the year 2002. Total nitrogen is defined as pounds of nitrogen from all sources including, in part, manure, blood meal, compost, green manures, cover crops and fish meal.

(ddd) Sugar beet lime: Must be composted or tested for pesticide residues of organochlorines and organophosphates. Testing of product must indicate that organochlorines and organophosphates residues are below 10 parts per billion.

(eee) Sulfur burners: Alkaline well water may be sweetened with sulfur burners.

(fff) Sulfur, elemental.

(ggg) Sulfates of zinc or iron. May be used only to correct for deficiencies determined by soil or plant tissue testing.

(hhh) Sul po mag.

(iii) Vermiculite.

(jjj) Vitamin B-1.

(kkk) Wetting agents. Natural wetting agents including soaps, saponins and microbial wetting agents are allowed. Synthetic wetting agents are prohibited.

(lll) Wood ashes, from nonindustrial sources only.

(mmm) Worm castings.

(nnn) Yard waste. Yard waste from certified organic sources is approved. Yard waste from conventional sources must be source separated composted or tested for pesticide residues of organochlorines and organophosphates. Testing of product must indicate that organochlorines and organophosphates residues are below 10 parts per billion.

(2) Prohibited materials.  The fertilizers, growth promoters, and soil amendments that are prohibited for use in organic crop production includes but is not limited to the following:

(a) ((Ammonia products.

(b) Calcium nitrate.

(c) Fortified humic acid derivatives.

(d) Growth regulators, synthetic.

(e) Hydrated lime.

(f) Magnesium nitrate.

(g) Mono-ammonium phosphate.

(h) Muriate of potash.

(i) Phosphoric acid.

(j) Potassium nitrate.

(k) Super phosphate.

(l) Triple phosphate.

(m) Urea.

(n) Vitamin B-1.)) Ammonia products.

(b) Biosolids.

(c) Calcium chloride.

(d) Calcium hydroxide (hydrated lime).

(e) Calcium nitrate.

(f) Calcium oxide or quicklime.

(g) Detergents.

(h) Enzymes produced from genetically engineered organisms.

(i) Fortified humic acid derivatives.

(j) Gypsum by-product from drywall and other sources.

(k) Hydrated lime (calcium hydroxide).

(l) Leather meal and leather by-products.

(m) Magnesium nitrate.

(n) Mono-ammonium phosphate.

(o) Muriate of potash (potassium chloride).

(p) Phosphoric acid.

(q) Plant regulators, synthetic.

(r) Potassium nitrate.

(s) Sewage sludge.

(t) Sodium nitrate is prohibited starting in the year 2003.

(u) Super phosphate.

(v) Synthetic chelating agents such as EDTA and HEDTA.

(w) Synthetic fertilizers.

(x) Synthetic wetting agents.

(y) Triple phosphate.

(z) Urea.

(aa) Wood treated with copper chromium arsenate, pentachlorophenol and creosote.

[Statutory Authority: Chapter 15.86 RCW.  91-09-028, § 16-154-070, filed 4/11/91, effective 5/12/91.]


AMENDATORY SECTION(Amending WSR 91-09-028, filed 4/11/91, effective 5/12/91)

WAC 16-154-080
((Materials list for organic food production -- ))Insect pest control materials and practices.

(1) Approved materials and practices.  The following list of pest control materials and practices for insects, mites, and other invertebrates are approved for use in organic crop production.  Some approved materials have certain restrictions regarding their use.  These restrictions are noted in the list.  Materials with active ingredients may contain inert ingredients from EPA's List 4A and List 4B. ALWAYS CAREFULLY READ THE LABEL AND ANY OTHER DOCUMENTATION.  All materials must be applied with awareness and care for the environment and in compliance with all state and federal laws.

(a) ((Bacillus thuringiensis: Liquid forms containing xylene are prohibited.

(b) Beneficial insects.

(c) Boric acid: Cannot be used on edible plant parts.

(d) Codling moth granulosis virus.

(e) Cryolite or sodium fluoaluminate: The mined material from Greenland is permitted.

(f) Diatomaceous earth: Use a dust mask when applying to prevent lung irritation.

(g) Dormant oils: Use only on woody plants as a dormant spray.

(h) Garlic.

(i) Herbal preparations: May not be extracted with synthetic solvents.

(j) Insect extracts.

(k))) Azadrichtin (neem). May not contain EPA List 1 or 2 Inert Ingredients.

(b) Bacillus thuringiensis: May not contain EPA List 1 or 2 Inert Ingredients. Must not be a product of genetically engineered organisms.

(c) Beneficial insects.

(d) Biological control organisms.

(e) Boric acid: Cannot be used on edible plant parts.

(f) Diatomaceous earth: Use a dust mask when applying to prevent lung irritation.

(g) Dormant oils: Must have an average fifty percent boiling point at 10mm mercury pressure between 415-470 degrees Fahrenheit. Use only on woody plants as a dormant spray. May not contain EPA List 1 or 2 Inert Ingredients.

(h) Fungal organisms.

(i) Garlic.

(j) Herbal preparations: May not be extracted with synthetic solvents.

(k) Insect extracts.

(l) Insect traps and monitoring devices.

(m) Lime sulfur. May not contain EPA List 1 or 2 Inert Ingredients.

(n) Microbial products. Microbial products cannot contain any synthetic ingredients, such as synthetic forms of nitrogen. Genetically engineered organisms and their products are prohibited.

(o) Microorganisms.

(p) Neem (azadrichtin). May not contain EPA List 1 or 2 Inert Ingredients.

(q) Nematodes.

(((l))) (r) Pheromones.

(((m))) (s) Piperonyl butoxide (PBO)((: California and Oregon no longer allow the use of PBO in the production of organic food)).

(((n))) (t) Plants and plant extracts such as garlic and cayenne pepper.

(u) Pyrethrums: Naturally occurring forms are allowed.  The pyrethrums are highly unstable in the presence of air, light, and moisture.  They have low mammalian toxicity and can cause dermatitis in humans.  Use with caution. May not contain EPA List 1 or 2 Inert Ingredients.

(((o))) (v) Rotenone: Use with caution.  Rotenone is highly toxic to fish.  Its persistence in the soil is unknown, though it loses its effectiveness within one week.  Should not be used on crops nearing harvest time.  Commercial rotenone comes from tropical leguminous shrubs in the genera Lonchocarpus and Derris.  The active compounds, rotenoids, are present in a variety of legumes including soybeans. May not contain EPA List 1 or 2 Inert Ingredients.

(((p))) (w) Ryania: Use with caution.  The toxicological properties of ryania are largely unknown. May not contain EPA List 1 or 2 Inert Ingredients.

(((q))) (x) Sabadilla: Use with caution.

(((r))) (y) Soaps, insecticidal (must be salts of fatty acids). May not contain EPA List 1 or 2 Inert Ingredients.

(((s))) (z) Sulfur((, elemental)). May not contain EPA List 1 or 2 Inert Ingredients.

(((t))) (aa) Summer oils: May be used on woody plants only, carrot and/or weed oils are prohibited. Must have an average fifty percent boiling point at 10mm mercury pressure between 415-470 degrees Fahrenheit. May not contain EPA List 1 or 2 Inert Ingredients.

(((u))) (bb) Trapping substances as long as they do not contain prohibited materials.

(((v) Tree seals: May be petroleum based but may not contain synthetic chemicals or fungicides.

(w) Virus sprays.)) (cc) Vegetable oils.

(dd) Viruses.

(ee) Waxes for grafting or sealing tree wounds.

(2) Prohibited materials and practices.  The insect pest control materials and practices that are prohibited for use in organic crop production includes but is not limited to the following:

(a) Abamectin or avermectin.

(b) Carbamates.

(c) Chlorinated hydrocarbons.

(d) Cryolite or sodium fluoaluminate.

(e) Detergents.

(f) Dimethyl sulfoxide.

(((e))) (g) Methyl bromide.

(((f))) (h) Methyl sulfoxide.

(((g))) (i) Moth balls/crystals.

(((h))) (j) Nicotine: Nicotine is prohibited because of ((extreme)) its acute toxicity.

(((i))) (k) Organophosphates.

(((j))) (l) Plant protectants, synthetic.

(((k))) (m) Pyrethroids, synthetic.

[Statutory Authority: Chapter 15.86 RCW.  91-09-028, § 16-154-080, filed 4/11/91, effective 5/12/91.]


AMENDATORY SECTION(Amending WSR 91-09-028, filed 4/11/91, effective 5/12/91)

WAC 16-154-090
((Materials list for organic food production -- ))Weed control materials and practices.

(1) Approved materials and practices.  The following list of weed control materials and practices are approved for use in organic crop production.  Some approved materials have certain restrictions regarding their use.  These restrictions are noted in the list.  ALWAYS CAREFULLY READ THE LABEL AND ANY OTHER DOCUMENTATION.  All materials must be applied with awareness and care for the environment and in compliance with all state and federal laws.

(a) Biological control organisms.

(b) Corn gluten.

(c) Cover crops.

(d) Flaming: Broadcast and/or field burning is prohibited.

(((b))) (e) Grazing.

(((c) Herbicidal soaps.

(d))) (f) Mechanical and cultural controls.

(((e) Mulches of organic materials.

(f))) (g) Microbial products. Microbial products cannot contain any synthetic ingredients. Genetically engineered organisms and their products are prohibited.

(h) Mulches: The materials used to produce mulch must consist of approved materials. Approved materials include uncontaminated natural vegetation, materials approved under WAC 16-154-070(1), newspaper and nonglossy paper. Prohibited materials include colored ink, glossy paper and waxed cardboard. Plastic mulches may be used and must not be incorporated into soil. Biodegradable paper mulch that contain fungicides or other prohibited materials are prohibited.

(i) Plant and fungal extracts.

(j) Plastics for mulch, row covers, and solarization must not be incorporated into soil.

(((g))) (k) Weeder geese.

(2) Prohibited materials and practices.  The weed control materials and practices that are prohibited for use in organic crop production includes but is not limited to the following:

(a) Broadcast and/or field burning.

(b) Carrot oil.

(c) Field burning.

(d) Herbicidal soaps.

(e) Synthetic herbicides.

(((e))) (f) Synthetic growth regulators.

(((f))) (g) Weed oils.

[Statutory Authority: Chapter 15.86 RCW.  91-09-028, § 16-154-090, filed 4/11/91, effective 5/12/91.]


AMENDATORY SECTION(Amending WSR 91-09-028, filed 4/11/91, effective 5/12/91)

WAC 16-154-100
((Materials list for organic food production -- ))Disease control materials and practices.

(1) Approved materials and practices.  The following list of disease control materials and practices are approved for use in organic crop production.  Some approved materials have certain restrictions regarding their use.  These restrictions are noted in the list. Materials with active ingredients may contain inert ingredients from EPA's List 4A and List 4B.  ALWAYS CAREFULLY READ THE LABEL AND ANY OTHER DOCUMENTATION.  All materials must be applied with awareness and care for the environment and in compliance with all state and federal laws.

(a) Antibiotics: Naturally derived antibiotics including streptomycin and terramycin are permitted for disease control. May not contain EPA List 1 or 2 Inert Ingredients.

(b) Bordeaux mixes: Use with caution.  Excessive use ((of bordeaux)) may cause buildup of copper in the soil ((and limit its continued use)). May not contain EPA List 1 or 2 Inert Ingredients.

(c) Calcium hydroxide (hydrated lime). Foliar application only. Must not be used as a liming material. Must not contain EPA List 1 or 2 Inert Ingredients.

(d) Compost tea. The materials (feedstocks) used to produce compost tea must consist of approved materials. Approved feedstocks include materials approved under WAC 16-154-070(1) and any uncontaminated natural materials including animal manure, food processing waste and crop residue. Prohibited feedstocks include materials prohibited under WAC 16-154-070(2), mixed municipal solid waste, sewage sludge, biosolids, waxed cardboard, glossy paper, and gypsum by-product.

(e) Copper hydroxide. May not contain EPA List 1 or 2 Inert Ingredients.

(((d))) (f) Copper sulfate: Use with caution.  Excessive use ((of copper sulfate)) may cause buildup of copper in the soil ((and limit its continued use)). May not contain EPA List 1 or 2 Inert Ingredients.

(((e))) (g) Dormant oils: Must have an average fifty percent boiling point at 10mm mercury pressure between 415-470 degrees Fahrenheit. Use only on woody plants as a dormant spray. May not contain EPA List 1 or 2 Inert Ingredients.

(((f))) (h) Hydrated lime: Foliar application as a fungicide only.  Shall not be used as a liming material. May not contain EPA List 1 or 2 Inert Ingredients.

(((g))) (i) Hydrogen peroxide.

(((h))) (j) Lime sulfur: ((Foliar application as a fungicide only.)) May not contain EPA List 1 or 2 Inert Ingredients.

(((i))) (k) Microorganisms and microbial products. Genetically engineered organisms and their products are prohibited.

(l) Paint: Latex paint is allowed as a tree seal for wounds and grafting purposes and may be used for painting greenhouses. Latex paint is prohibited for painting tree trunks. Nonlatex paints are prohibited in organic crop production.

(m) Plant and fungal extracts.

(n) Potassium bicarbonate.

(o) Soil pasteurization.

(((j))) (p) Sulfur, elemental. May not contain EPA List 1 or 2 Inert Ingredients.

(((k) Tree seals: May be petroleum based but may not contain synthetic chemicals or fungicides.)) (q) Summer oils: May be used on woody plants only, carrot and/or weed oils are prohibited. Must have an average fifty percent boiling point at 10mm mercury pressure between 415-470 degrees Fahrenheit. May not contain EPA List 1 or 2 Inert Ingredients.

(r) Vinegar.

(s) Waxes for grafting or sealing tree wounds.

(2) Prohibited materials and practices.  The disease control materials and practices that are prohibited for use in organic crop production includes but is not limited to the following:

(a) Avermectin.

(b) Broadcast and/or field burning.

(((b))) (c) Soil fumigants.

(((c))) (d) Synthetic fungicides, fumigants, sterilizants, and bactericides.

[Statutory Authority: Chapter 15.86 RCW.  91-09-028, § 16-154-100, filed 4/11/91, effective 5/12/91.]


AMENDATORY SECTION(Amending WSR 91-09-028, filed 4/11/91, effective 5/12/91)

WAC 16-154-110
((Materials list for organic food production -- ))Vertebrate control materials and practices.

(1) Approved materials and practices.  The following list of vertebrate pest control materials and practices are approved for use in organic crop production.  Some approved materials have certain restrictions regarding their use.  These restrictions are noted in the list.  ALWAYS CAREFULLY READ THE LABEL AND ANY OTHER DOCUMENTATION.  All materials must be applied with awareness and care for the environment and in compliance with all state and federal laws.

(a) Airborne projectiles.

(b) Deer and rabbit repellents: Acceptable if derived from a natural source.

(((b))) (c) Predators: Cats, hawks, coyotes((, airborne projectiles)).

(((c))) (d) Rodent traps.

(((d) Strychnine: Underground use only.))

(e) Synthetic vitamin baits.

(2) Prohibited materials and practices.  The vertebrate pest control materials and practices that are prohibited for use in organic crop production includes but is not limited to the following:

(a) Anticoagulant rodent baits

(b) Aluminum phosphide

(c) Alpha-Naphthylthiourea

(d) Coumarins

(e) Calcium cyanide

(f) Indandiones

(g) Organochlorines

(h) Organo phosphates

(i) Pyriminilureas

(j) Phosphorus

(k) Sodium fluoroacetate

(l) Strychnine

(m) Thallium sulfate

(((m))) (n) Zinc phosphide.

[Statutory Authority: Chapter 15.86 RCW.  91-09-028, § 16-154-110, filed 4/11/91, effective 5/12/91.]


AMENDATORY SECTION(Amending WSR 91-09-028, filed 4/11/91, effective 5/12/91)

WAC 16-154-120
((Materials list for organic food production -- ))Post-harvest materials and practices.

(1) Approved materials and practices.  The following list of materials and practices are approved for post-harvest use for organic food.  Some materials have certain restrictions regarding their use.  These restrictions are noted in the list.  All materials must be used with awareness and care for the environment and in compliance with state and federal laws.

(a) Acetic acid.

(b) Ascorbic acid.

(c) Beneficial insects.

(((b))) (d) Biological control organisms.

(e) Carbon dioxide gas.

(((c))) (f) Chlorine compounds include calcium hypochlorite, sodium hypochlorite and chlorine dioxide. Chlorine compounds are allowed to sanitize food contact surfaces. Chlorine compounds in wash water must be potable as defined under the Safe Drinking Water Act and cannot exceed the Maximum Residual Disinfectant Limit under the Safe Drinking Water Act, currently 4mg/L expressed for free chlorine and 0.8 mg/L for chlorine dioxide.

(((d))) (g) Citric acid, naturally derived.

(((e))) (h) Controlled atmosphere. Storage with diphenylamine treated food products is prohibited.

(((f))) (i) Ethylene gas: Ethylene gas may be used on bananas only.

(((g) Fruit waxes: Natural waxes are permitted as long as they do not contain synthetic additives.

(h))) (j) Hydrogen peroxide.

(((i))) (k) Lignosulfonates for floating tree fruits.

(((j))) (l) Microorganisms and microbial products. Genetically engineered organisms and their products are prohibited.

(m) Ozone.

(n) Periacetic acid. Also known as peracetic or peroxyacetic acid.

(o) Soap, biodegradable. Must be sodium or potassium salts of fatty acids.

(((k))) (p) Soda ash for floating tree fruits.

(((l))) (q) Sodium silicate for floating tree fruits.

(2) Prohibited materials.  The post-harvest materials and practices that are prohibited for use in organic crop production includes but is not limited to the following:

(a) Antibiotics.

(b) Artificial preservatives.

(c) Detergents are prohibited for washing organic or transitional crops. Approved to clean food contact surfaces.

(d) Fumigants.

(((d))) (e) Fungicides.

(((e))) (f) Irradiation.

(g) Quaternary ammonium compounds are prohibited on food-bearing surfaces.

[Statutory Authority: Chapter 15.86 RCW.  91-09-028, § 16-154-120, filed 4/11/91, effective 5/12/91.]


NEW SECTION
WAC 16-154-180
Mushroom standards.

Green plants create tissue from sunlight, carbon dioxide and the soil in which they are grown. In contrast, fungi produce tissue directly and exclusively from the medium on which they are grown since they do not have the ability to manufacture food through photosynthesis. The organic requirements for the growth media for the products of fungi should reflect their complete reliance on their growth media for sustenance.

(1) Materials and production methods.

(a) Agar medium: The agar medium does not have to contain certified organic ingredients and can contain antibiotics (see "antibiotics" below in (c) of this subsection).

(b) Growing medium amendments: All amendments must be certified organic.

(c) Antibiotics: The agar medium may contain antibiotics not to exceed 1/25th of a gram per liter of agar mix.

(d) Chlorine compounds include calcium hypochlorite, sodium hypochlorite and chlorine dioxide. Chlorine compounds are allowed to sanitize mushroom and growing medium contact surfaces. Chlorine compounds must not be applied to mushrooms or growing medium.

(e) Growing medium: If grain, straw or hay is used, it must be certified organic. If wood is used, see (h) of this subsection.

(f) Hay or straw: Must be certified organic.

(g) Spawn: Grain used for making spawn must be certified organic and must not have any synthetic amendments.

(h) Wood used as a growing medium must be obtained from a source that has had no prohibited materials applied to the trees for at least three years before harvest. Logs and sawdust treated with prohibited materials during the milling process are prohibited for use in organic mushroom production.

(i) Any pest control materials used in the organic production areas or storage areas must be approved for use in organic food production under this chapter. Outside production areas cannot have any prohibited materials applied to the land on which logs, wood chips or other such approved growing medium will lie, for at least three years.

(2) Mixed operations - Organic and nonorganic production may exist in the same indoor growing area if:

(a) The organic and nonorganic products are clearly identified at all stages of the growth cycle on all containers or areas that contain spawn, growing medium, substrate or fungi.

(b) No prohibited materials are applied to the organic or nonorganic fungi, spawn or growing medium.

Organic and nonorganic production must be in separate facilities and have separate ventilation systems if prohibited materials are applied to the fungi, spawn or growing medium during any stage of the growth cycle.

(3) Growth cycle - For a mushroom product to be sold as certified organic, the operation must comply with these mushroom standards throughout the entire growing cycle of the fungus.

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© Washington State Code Reviser's Office