WSR 00-20-092

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed October 4, 2000, 9:46 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-18-102.

Title of Rule: Grape virus quarantine, chapter 16-483 WAC.

Purpose: To protect the state's grape and grape related industries from establishment of plant virus diseases commonly found in stock from other areas of the nation.

Statutory Authority for Adoption: Chapters 15.13 and 17.24 RCW.

Statute Being Implemented: Chapters 15.13 and 17.24 RCW.

Summary: The proposed amendments to the existing quarantine eliminate one viral disease (stem pitting) from the list of quarantine diseases.

Reasons Supporting Proposal: Sophisticated new methods of testing have found stem pitting virus in certified planting stock from California, which has historically supplied significant portions of Washington's wine grape industry. There is currently no practical way to produce in-state uninfected planting stock in adequate amounts to supply Washington industry. In order for the Washington grape growers to continue to import certified California stock, stem pitting virus must be eliminated from the Washington rule.

Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Tom Wessels, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1984.

Name of Proponent: 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 rule preserves Washington's wine grape and other grape related industries from establishment of several grape virus diseases common in most other states. This confers an advantage to Washington growers, as their stock is healthier and more desirable, and it may confer a market advantage over grape planting stock from other areas.

Proposal Changes the Following Existing Rules: The proposal removes one of the four viruses currently listed as quarantine pests from the existing rule. The proposal responds to recent discovery of stem pitting virus in certified grape planting stock from the California program. Stem pitting virus is not widespread in Washington-produced certified planting stock, however, there is not enough in-state production of grapevines to supply current needs of our industry. California stock, which still certified for the remaining three viruses, is the most virus-free stock available to fill the remaining need. The effect of this rule would be to allow importation of California certified stock to continue, even though it is no longer certified as stem pitting free. Another effect of this rule change would be to bring the rule more closely into compliance with NAPPO standards and the accepted principles of plant quarantine, as it appears an unknown number of Washington vineyards planted in the past from what was thought to be stem pitting-free stock may actually be infected. Since the disease appears to already be established to an unknown extent in this state, a quarantine for this disease may no longer be justified.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rule changes will have a net neutral or beneficial effect on affected parties. The current rule requires that all grape planting stock imported from other states be certified free from four virus diseases, including stem pitting. This has historically limited the source of most grape planting stock used in Washington to in-state production (which cannot currently supply the state industry's needs) and to California certified stock. Due to a very recent change in circumstances (that is, the decertification of California certified stock for stem pitting virus), continuing this restriction would eliminate a necessary source of planting stock for next spring and beyond, and there is no anticipated adequate substitute source available at this time. Continuation of the current rule, without the proposed changes, would particularly negatively impact the Washington wine grape production industry. Also, since it appears that stem pitting virus has already unknowingly been imported into this state, it does not appear that continuing to allow California certified stock to be imported will materially negatively affect the existing long-term health of Washington vineyards.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. WSDA is not a listed agency in section 201.

Hearing Location: Washington State Department of Agriculture, 21 North First Avenue, Conference Room 238 - A & B, Yakima, WA 98902, on November 16, 2000, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Lou Jones by November 8, 2000, TDD (360) 902-1996, or (360) 902-1806.

Submit Written Comments to: Mary A. Martin Toohey, Assistant Director, Washington State Department of Agriculture, Laboratory Services Division, P.O. Box 42560, Olympia, WA 98504-2560, e-mail mtoohey@agr.wa.gov, fax (360) 902-2094, by November 16, 2000.

Date of Intended Adoption: November 21, 2000.

October 4, 2000

Mary A. Martin Toohey

Assistant Director


AMENDATORY SECTION(Amending WSR 00-05-105, filed 2/16/00, effective 3/18/00)

WAC 16-483-001
Grape virus quarantine -- Establishing quarantine.

The production of wine grapes, juice grapes, and grape planting stock are important industries in the state of Washington.      The director has determined that these industries are threatened by the introduction and establishment of the virus diseases known as leafroll, fanleaf((,)) and corky bark((, and stem pitting)) that are not known to occur in the state of Washington.      The presence of these virus diseases cannot be determined by the most rigorous visual examination of dormant grape planting stock.      The introduction and establishment of these virus diseases would entail great economic loss to the grape industries of the state.      To minimize this risk, the director, under the authority provided in chapter 17.24 RCW, has established a quarantine setting forth rules for the importation of grape planting stock into the state of Washington.

[Statutory Authority: Chapter 17.24 RCW.      00-05-105, § 16-483-001, filed 2/16/00, effective 3/18/00.      Statutory Authority: Chapters 15.13 and 17.24 RCW.      91-21-042, § 16-483-001, filed 10/11/91, effective 11/11/91; Order 1146, § 16-483-001, filed 3/16/70, effective 5/1/70.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 00-05-105, filed 2/16/00, effective 3/18/00)

WAC 16-483-030
Grape virus quarantine -- Regulations.

Grape planting stock will be admitted into the state of Washington provided the following provisions are complied with:

     (1) The grape planting stock has been certified in accordance with the regulations of an official grapevine certification program that includes inspection and testing by methods approved by the director for fanleaf, leafroll((, stem pitting,)) and corky bark virus diseases.      An official certificate issued by the plant protection organization of the state of origin certifying that the grapevines meet the requirements of this chapter must accompany the grape planting stock into the state.

     (2) All shipments of grape planting stock must be plainly marked with the contents on the outside of the package or container.

     (3) Persons shipping or transporting grape planting stock into this state from areas under quarantine shall notify the department by mail or telefacsimile prior to shipment.     The notification must include the nature of the grape planting stock (such as live plants, hardwood cuttings, softwood cuttings, rootstocks, or other similar categories), the quantity in each shipment, the expected date of arrival, the name of the intended receiver and the destination.      The person to whom the articles are shipped shall hold the articles until the grape planting stock is inspected and/or released by the department.

[Statutory Authority: Chapter 17.24 RCW.      00-05-105, § 16-483-030, filed 2/16/00, effective 3/18/00.      Statutory Authority: Chapters 15.13 and 17.24 RCW.      91-21-042, § 16-483-030, filed 10/11/91, effective 11/11/91; Order 1146, § 16-483-030, filed 3/16/70, effective 5/1/70.]

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