WSR 02-11-070

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 13, 2002, 9:47 a.m. ]

     Continuance of WSR 02-07-080.

     Preproposal statement of inquiry was filed as WSR 01-17-08 [01-17-083] and 01-20-035.

     Title of Rule: Rules relating to pesticides containing the active ingredient clopyralid, WAC 16-228-1235 through 16-228-1238.

     Purpose: To restrict some uses of pesticides containing the active ingredient clopyralid. The restrictions are intended to prevent clopyralid residues in compost at levels that may be damaging to plants grown in or around compost.

     Statutory Authority for Adoption: Chapters 15.58, 17.21, and 34.05 RCW.

     Statute Being Implemented: Chapters 15.58 and 17.21 RCW.

     Summary: Based on the large volume of public comment received on this issue the Department of Agriculture will take an additional two weeks to consider them. This continuance changes the proposed adoption date to May 28, 2002.

     Reasons Supporting Proposal: The proposed restrictions are intended to prevent clopyralid residues in compost at levels that may be damaging to plants grown in or around compost.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Cliff Weed, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-2036.

     Name of Proponent: 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 proposed rule places restrictions on pesticides containing the active ingredient clopyralid when labeled for use on cereal grains, grass used for hay, lawns and turf including golf courses. The rules spell out the restrictions and requirements for the sale, distribution and use on lawns and turf including golf courses. The proposed restrictions are intended to prevent clopyralid residues in compost at levels that may be damaging to plants grown in or around compost.

     Proposal does not change existing rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The Department of Agriculture's Pesticide Management Division conducted an economic impact survey of all Washington state licensed pesticide dealers and commercial applicators licensed to apply pesticides to turf and ornamental weeds. Based upon the results of that survey, the department has concluded that any new compliance costs imposed by the proposed new rules are not "more than minor," therefore a small business economic impact statement is not required.

     RCW 34.05.328 does not apply to this rule adoption.

     Date of Intended Adoption: May 28, 2002.

May 13, 2002

Bob Arrington

Assistant Director

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