PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-03-139.
Title of Rule: Certification of caneberry planting stock, chapter 16-333 WAC.
Purpose: To amend fee schedule sections to reflect fiscal growth factors for fiscal year 2001 and fiscal year 2002 and to reflect changes in industry practices.
Statutory Authority for Adoption: Chapter 15.14 RCW.
Statute Being Implemented: Chapter 15.14 RCW.
Summary: The revision of chapter 16-333 WAC will increase application and hourly inspection fees to correspond to the fiscal growth factors for fiscal year 2001 and fiscal year 2002. The increase will occur in two stages, with one increase of a maximum of 2.87% effective June 30, 2001, and the second increase of a maximum of 2.79% effective July 1, 2001. The existing requirement for foundation plants to be grown in pasteurized media is broadened, and the tolerance for diseases in planting stock is changed.
Reasons Supporting Proposal: Current fees are inadequate to cover costs of caneberry plant certification, and it is necessary to raise fees within the fiscal growth factors of both fiscal year 2001 and fiscal year 2002. The affected industry requested a technical change in requirements to reflect current industry practices.
Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, 2nd Floor, Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Thomas Wessels, 1111 Washington Street, 2nd Floor, 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: Currently, five nurseries participate in the caneberry planting stock certification program, which is created by these rules. Participation in the production of certified planting stock is entirely voluntary for any producer of caneberry plants. Enrollment and compliance with the requirements of this fee-for-service program are intended to produce a known, high quality agricultural product apparently free of specified diseases and other pests, that normally commands a market premium.
Proposal Changes the Following Existing Rules: Chapter 16-333 WAC establishes the fee schedule for caneberry plant certification. Proposed changes would increase both application and hourly fees for the program by a maximum of the fiscal growth factor for FY 01, to become effective June 30, 2001, and another increase in fees by a maximum of the fiscal growth factor for FY 02, to become effective July 1, 2001. Additional changes to chapter 16-333 WAC should have neutral economic impact. They consist of one technical change in requirements for media in which foundation stock is planted, and a minor change in the tolerance for undesignated diseases in foundation, registered, and certified planting stock.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Analysis of the economic effects of the proposed rule changes demonstrates that: (1) The changes will affect much less than 10% of the business in the relevant SIC and (2) the cost of the changes for any grower is likely to be minor.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.
Hearing Location: Washington State Department of Agriculture, Natural Resources Building, 1111 Washington Street, 2nd Floor, Conference Room 271, Olympia, WA 98504-2560, on April 26, 2001, at 11:00 a.m.
Assistance for Persons with Disabilities: Contact Lou Jones by April 18, 2001, TDD (360) [902-]1996 or (360) [902-]1806.
Submit Written Comments to: Mary Toohey, Assistant Director, Laboratory Services Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, e-mail mtoohey@agr.wa.gov, phone (360) 902-1907, fax (360) 902-2094, by April 26, 2001.
Date of Intended Adoption: May 8, 2001.
March 21, 2001
Mary A. Martin Toohey
Assistant Director
OTS-4732.1
AMENDATORY SECTION(Amending WSR 00-19-035, filed 9/12/00,
effective 10/13/00)
WAC 16-333-040
Caneberry certification fees effective June
30, 2001.
(1) Caneberry certification application fee. The
applicant must furnish all information requested on the
application form furnished by the department, including, but not
limited to, the crop, variety, class planted, date planted,
source of seed or plants, acreage, field number, applicant's name
and address, applicant's signature, and date of application. The
applicant must allow the department to take plants or plant parts
from any planting for inspection and testing purposes. A
separate application is required for each cultivar and/or lot
entered for certification. Applications must be filed with the
Plant Services Program, P.O. Box 42560, Olympia, Washington
98504-2560 by May 15 each year and be accompanied by a ((one
hundred twenty-five dollar)) $128.55 fee.
(2) Inspection fees. The inspection fee is ((twenty-five
dollars)) $25.70 per hour plus mileage charged at a rate
established by the state office of financial management. Inspection and testing are payable upon completion of work. Billing may be arranged subject to department policies and
processes.
(3) The department will remove any applicant from the certification program for failing to pay fees when due.
(4) The department will not accept applications from growers owing the department for previous fees.
[Statutory Authority: Chapter 15.14 RCW. 00-19-035, 16-333-040, filed 9/12/00, effective 10/13/00; 92-15-114 (Order 3005), 16-333-040, filed 7/21/92, effective 8/21/92; 87-13-016 (Order 1932), 16-333-040, filed 6/9/87; 85-22-053 (Order 1876), 16-333-040, filed 11/5/85.]
(2) Inspection fees. The inspection fee is $26.40 per hour plus mileage charged at a rate established by the state office of financial management. Inspection and testing are payable upon completion of work. Billing may be arranged subject to department policies and processes.
(3) The department will remove any applicant from the certification program for failing to pay fees when due.
(4) The department will not accept applications from growers owing the department for previous fees.
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(2) Growers may use micro-propagation techniques to multiply foundation plants prior to planting them in a foundation greenhouse, screenhouse or field, if both of the following conditions are met:
(a) The micro-propagated plants are isolated at all times from all other caneberry plants, except those that have been indexed and found free of virus or virus-like infections; and
(b) The micro-propagation facility is approved by the department.
(3) Growers may transplant micro-propagated foundation plants to a greenhouse or screenhouse for conditioning prior to planting them in a foundation field.
(4) Foundation plants may be harvested from a foundation field planting for no more than one year.
(5) Foundation plants grown in an insect-proof facility ((on
pasteurized)) in approved soil-less media may be maintained
indefinitely, providing they are indexed and found free of virus
or virus-like infections at intervals of no more than three years
by personnel employed by the United States Department of
Agriculture or other institution approved by the department.
(6) Each foundation plant in a foundation greenhouse or screenhouse must be grown in a container individually identified by the cultivar and lot.
(7) Different cultivars planted in a foundation field must be separated by a distance of fourteen feet or by a physical barrier that prevents the intermingling of roots.
(8) Upon request, growers must provide records to the department documenting the cultivar, nuclear source, indexing results and date of acquisition for any foundation stock.
[Statutory Authority: Chapter 15.14 RCW. 00-19-035, 16-333-045, filed 9/12/00, effective 10/13/00.]
| Foundation All inspections |
Registered All inspections |
Certified All inspections |
|
| Factors | Percent | Percent | Percent |
| Varietal mixture | 0 | 0 | 0 |
| Visible symptoms of virus diseases | 0 | 0.05 | 0.5 |
| Crown and cane gall | 0 | 0.1 | 1.0 |
| Nematode | 0 | 0.05 | 0.1 |
| Anthracnose | 0 | 2.0 | 5.0 |
| Other diseases | 0 | (( Practically free |
(( |
| Root, cane or crown inhabiting insects | 0 | 0.05 | 0.1 |
(2) Caneberry planting stock that fails to meet any
tolerance for its intended class may be reclassified to the next
class for which it meets all of the tolerances.
[Statutory Authority: Chapter 15.14 RCW. 00-19-035, 16-333-085, filed 9/12/00, effective 10/13/00.]