PERMANENT RULES
Date of Adoption: November 28, 2000.
Purpose: Revising the existing quarantine rule concerning virus and virus-like diseases of Prunus to reflect changes in scientific knowledge and industry/program practices and to convert the text to clear and readable format.
Citation of Existing Rules Affected by this Order: Repealing WAC 16-487-240; and amending WAC 16-487-005, 16-487-010, 16-487-015, 16-487-017, 16-487-020, 16-487-023, 16-487-025, 16-487-030, 16-487-040, 16-487-050, 16-487-060, 16-487-100, 16-487-110, 16-487-120, 16-487-140, 16-487-150, 16-487-160, 16-487-200, 16-487-210, 16-487-230, 16-487-250, 16-487-300, 16-487-310, 16-487-320, 16-487-330, and 16-487-335.
Statutory Authority for Adoption: Chapter 17.24 RCW.
Adopted under notice filed as WSR 00-20-091 on October 4, 2000.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 26, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 26, Repealed 1.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 26, Repealed 1. Effective Date of Rule: Thirty-one days after filing.
November 28, 2000
Jim Jesernig
Director
OTS-4553.1
((PEACH YELLOW, PEACH ROSETTE AND LITTLE PEACH DISEASE)) PRUNUS
DISEASE QUARANTINE
(2) "Department" means the Washington state department of agriculture.
(3) (("Mycoplasma-like organism" (MLO) means a
submicroscopic infectious agent capable of producing disease
symptoms in host plants. MLOs do not have the outer protein coat
that characterizes viruses.
(4) "Symptomless carrier" means a plant which may be infected by or capable of hosting a disease agent but which does not show visible disease symptoms.
(5))) "Growing ground" means any property within the area
under quarantine on which ((nursery stock (cuttings, budsticks,
scions, rootstocks, or finished trees) are)) planting stock
produced for distribution or sale.
(4) "Indicator plant" means any herbaceous or woody plant used to index or test for infection.
(5) "Index" means to test for infection by means of inoculation from the plant to be tested to an indicator plant, or by any other method approved by the department.
(6) "Planting stock" means any plant material used in the propagation of horticultural, floracultural or viticultural plants for the purpose of being sold, offered for sale or distributed for planting or reproduction purposes.
(7) "Symptomless carrier" means a plant which may be infected by or capable of hosting a disease agent but which does not show visible disease symptoms.
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-005, filed 10/11/91, effective 11/11/91.]
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-010, filed 10/11/91, effective 11/11/91; Order 386, § 1, effective 3/30/43.]
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-015, filed 10/11/91, effective 11/11/91.]
(2) The department may issue special permits allowing entry of regulated articles otherwise prohibited in this chapter. The permit will state mandatory provisions or conditions under which entry is allowed.
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-017, filed 10/11/91, effective 11/11/91.]
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-020, filed 10/11/91, effective 11/11/91; Order 386, § 2, effective 3/30/43.]
(1) The pathogens which cause peach yellows, little peach, and red suture diseases on peach. The pathogen is an MLO. All three diseases are considered to be caused by the same pathogen.
(2) Trees and all parts capable of propagation including cuttings, budsticks, scions, and rootstocks, except seeds (fruit pits) of all species of the genus Prunus are declared hosts and possible carriers)), except those listed in WAC 16-487-025.
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-023, filed 10/11/91, effective 11/11/91.]
((mazzard cherry)) Prunus avium, sweet cherry (((Prunus
avium)
sand cherry)) Prunus besseyi, western sand cherry (((Prunus
besseyi)))
Prunus cerasus, sour cherry (((Prunus cerasus)))
Prunus caroliniana, American cherry laurel, Carolina cherry
laurel (((Prunus caroliniana)
hollyleaf cherry)) Prunus ilicifolia, California cherry
(((Prunus ilicifolia))), hollyleaf cherry
Prunus laurocerasus, cherry laurel, English laurel (((Prunus
laurocerasus)))
Prunus lusitanica, Portugal laurel (((Prunus lusitanica)))
Prunus lyonii, Catalina cherry (((Prunus lyonii)))
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-025, filed 10/11/91, effective 11/11/91.]
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-030, filed 10/11/91, effective 11/11/91; Order 386, § 3, effective 3/30/43.]
Prunus americana, American plum (((Prunus americana)))
Prunus cerasifera, cherry plum, myrobalan plum, ((cherry
plum,)) "Antropurpurea((,))" purple leaf plum (((Prunus
cerasifera)))
Prunus domestica, European plum, prune (((Prunus
domestica)))
Prunus hortulana, hortulan plum (((Prunus hortulana)))
Prunus munsoniana, wild goose plum (((Prunus munsoniana)))
Prunus salicina, Japanese plum (((Prunus salicina)))
hybrids of any of the ((above)) species named in this
section and wild native species of plum.
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-040, filed 10/11/91, effective 11/11/91; Order 386, § 4, effective 3/30/43.]
(1) Each species and variety is properly labeled as to scientific name and state of origin.
(2) ((Each lot or shipment is accompanied by a certificate
issued by the department of agriculture or state university
certification program of the state of origin, verifying that
these plants or plant parts have been certified in accordance
with the regulations of a certification program which includes
inspection and indexing on suitable indicator hosts and/or by
other official, recognized methods for peach yellows, little
peach or red suture disease and certifying that the plants or
plant parts meet official certification standards of the shipping
state for freedom from peach yellows, little peach or red suture
disease.)) One of the following two conditions has been
fulfilled:
(a) The planting stock was produced in accordance with an official certification program of the state in which the planting stock was grown. The official certification program must include inspection and indexing on suitable indicator plants for peach yellows, little peach and red suture diseases; or
(b) The planting stock was tested and found free of the causal phytoplasma using a laboratory test protocol approved by the department. In order to ensure accurate test results, samples for testing must be collected late in the growing season.
(3) Peach yellows, little peach, and red suture disease
symptoms ((have)) were not ((been)) found on the growing grounds
during the period when the planting stock was growing or budwood
taken ((either on or within one mile of the growing grounds)).
(4) No symptomless ((plum species or other species on
symptomless plum understock)) carriers existed on the growing
grounds during the production of the ((nursery)) planting stock,
except symptomless carrier planting stock that meets the
requirements of subsection (2) of this section.
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-050, filed 10/11/91, effective 11/11/91; Order 386, § 5, effective 3/30/43.]
(1) The planting stock was propagated in a nonquarantine state; and
(2) The planting stock remained dormant at all times while it was in the quarantine area; and
(3) A certificate issued by the plant protection organization of the state under quarantine accompanies the planting stock. The certificate must name the state where the planting stock was produced and declare that the planting stock remained dormant at all times while within the quarantine area.
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-060, filed 10/11/91, effective 11/11/91; Order 386, § 5, effective 3/30/43.]
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-100, filed 10/11/91, effective 11/11/91.]
(1) The pathogen which causes peach rosette disease. The pathogen is a mycoplasma-like organism.
(2) Trees and all parts capable of propagation including cuttings, budsticks, scions, and rootstocks, except seed (fruit pits) of all species of the genus Prunus are declared possible hosts and carriers of peach rosette disease except those listed in WAC 16-487-120)) in WAC 16-487-100 through 16-487-160.
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-110, filed 10/11/91, effective 11/11/91.]
Prunus caroliniana, American cherry laurel, Carolina cherry
laurel (((Prunus caroliniana)))
Prunus ilicifolia, holly leaf cherry, California cherry
(((Prunus ilicifolia)))
Prunus laurocerasus, cherry laurel, English laurel (((Prunus
laurocerasus)))
Prunus lusitanica, Portugal laurel (((Prunus lusitanica)))
Prunus lyonii, Catalina cherry (((Prunus lyonii)))
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-120, filed 10/11/91, effective 11/11/91.]
Prunus armeniaca, the "Wilson" cultivar of apricot (((Prunus
armeniaca)
Mariana plums ())Prunus cerasifera x P. Munsoniiana(()
any tree grafted on)), Mariana plums ((understock))
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-140, filed 10/11/91, effective 11/11/91.]
(1) Each species and variety is properly labeled as to scientific name and state of origin.
(2) ((Each lot or shipment is accompanied by a certificate
issued by the department of agriculture or state university
certification program of the state of origin, verifying that
these plants or plant parts have been certified in accordance
with the regulations of a certification program which includes
inspection and indexing on suitable indicator hosts and/or by
other official, recognized methods for peach rosette disease and
certifying that the plants or plant parts meet official
certification standards of the shipping state for freedom from
peach rosette disease.)) One of the following two conditions has
been complied with:
(a) The planting stock was grown in compliance with the conditions of an official certification program in the state in which the planting stock was grown, which includes inspection and indexing on suitable indicator plants to verify freedom from peach rosette disease; or
(b) The planting stock was tested through laboratory methods approved by the department and found free of the causal phytoplasma of peach rosette disease. Sampling for this test must be performed late in the growing season.
(3) Peach rosette disease symptoms ((have)) were not
((been)) found during the period when the planting stock was
growing or budwood taken ((either on or within one mile of the
growing grounds)).
(4) No symptomless ((plum species or other species on
symptomless plum understock)) carrier listed in WAC 16-487-140
existed on the growing grounds during the production of the
((nursery stock)) planting stock, except symptomless carrier
planting stock that fulfills the requirements in subsection (2)
of this section.
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-150, filed 10/11/91, effective 11/11/91.]
(1) The planting stock was propagated in a nonquarantine state; and
(2) The planting stock remained dormant at all times while it was in the quarantine state; and
(3) A certificate issued by the plant protection organization of the state under quarantine accompanies the planting stock. The certificate must name the state where the planting stock was produced and declare that the planting stock remained dormant at all times while within the quarantine area.
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-160, filed 10/11/91, effective 11/11/91.]
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-200, filed 10/11/91, effective 11/11/91.]
(1) Peach mosaic virus and any virus capable of causing symptoms identical with those of peach mosaic virus.
(2) All trees and parts of trees capable of propagation
including cuttings, budsticks, scions, and rootstock)) All
planting stock, except seeds (((fruit pits),)) of all species,
varieties, and hybrids of almond, apricot, peach, plum, prune,
((and nectarine and)) Manchu cherry (Prunus tomentosa) and
western sand cherry (Prunus besseyi) is regulated under the peach
mosaic virus quarantine.
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-210, filed 10/11/91, effective 11/11/91.]
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-230, filed 10/11/91, effective 11/11/91.]
(1) The planting stock was propagated outside the quarantine area; and
(2) The planting stock remained dormant at all times while it was in the quarantine area; and
(3) A certificate issued by the state plant protection organization for the quarantine area accompanies the planting stock. The certificate must name the state where the planting stock was produced and declare that the planting stock remained dormant at all times while within the quarantine area.
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-250, filed 10/11/91, effective 11/11/91.]
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-300, filed 10/11/91, effective 11/11/91.]
(1) Peach rosette mosaic virus (PRMV).
(2) All plants and parts of plants capable of propagation including cuttings, budsticks, scions, and rootstock, except seeds, of peach trees and blueberry plants.)) All planting stock, except seeds, of peach (Prunus persica) and American grape (Vitis lubrusca) is regulated under the peach rosette mosaic virus quarantine.
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-310, filed 10/11/91, effective 11/11/91.]
(1) For peach planting stock, the counties of Berrien, Kalamazoo, and Van Buren in the state of Michigan.
(2) For American grape, the entire state of Michigan.
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-320, filed 10/11/91, effective 11/11/91.]
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-330, filed 10/11/91, effective 11/11/91.]
(1) Each species and variety is properly labeled as to scientific name and state of origin.
(2) The planting stock was produced in accordance with an official certification program of the state in which it was grown. The official certification program must include inspection and indexing for peach rosette mosaic virus.
[Statutory Authority: Chapter 17.24 RCW. 91-21-041, § 16-487-335, filed 10/11/91, effective 11/11/91.]
The following section of the Washington Administrative Code is repealed:
WAC 16-487-240 | Peach mosaic virus quarantine -- Special permits. |