Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-20-058.

     Title of Rule and Other Identifying Information: WAC 16-470-300 through 16-470-340, onion white rot disease quarantine. The department is proposing to modify the existing designated pest-free area for onion white rot disease by adding Klickitat County to the pest-free area. In addition, the proposal corrects agency contact information.

     Hearing Location(s): Washington State Department of Agriculture, 21 North First Avenue, Room 238, 2nd Floor, Yakima, WA 98902, on December 27, 2012, at 2:00 p.m.

     Date of Intended Adoption: January 3, 2013.

     Submit Written Comments to: Henri Gonzales, P.O. Box 42560, Olympia, WA 98504-2560, e-mail hgonzales@agr.wa.gov, fax (360) 902-2094, by December 27, 2012.

     Assistance for Persons with Disabilities: Contact Henri Gonzales by December 17, 2012, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal adds Klickitat County to the pest-free area for onion white rot disease. The existing onion white rot quarantine has been amended several times to update its provisions and to change the area eligible to be declared pest-free in response to spread of the infestation from its initial point of establishment. Adding Klickitat County to the pest-free area will create additional protections regarding the disease for fields in that county and will create additional business opportunities for growers of onion or garlic by allowing crops produced there to be certified as being grown in a pest-free area.

     Reasons Supporting Proposal: Onion white rot is a potentially devastating fungal disease of the Allium genus (onions, garlic, shallots, and closely related species), which can greatly decrease yields and reduce storage quality. It is spread primarily by movement of contaminated water, soil, and equipment, and by infested Allium plants and plant parts. Once a field is infested, the pathogen remains indefinitely in the soil. In 1985, a quarantine was established to prevent the introduction and spread of the disease into noninfested areas of the state. The affected industry has requested changes to the existing pest-free area in order to adequately protect growers.

     Statutory Authority for Adoption: RCW 17.24.041 and chapter 34.05 RCW.

     Statute Being Implemented: RCW 17.24.041.

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

     Name of Proponent: Mercer Canyons, Inc., private.

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

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal imposes no additional regulations or costs on Washington businesses. In addition, expanding the pest-free area will benefit growers and homeowners in Klickitat County wishing to grow onions, garlic, shallots, chives, and other related species by preventing an infestation of onion white rot.

     A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).

November 21, 2012

Mary A. Martin Toohey

Assistant Director

OTS-5076.1

AMENDATORY SECTION(Amending WSR 09-17-099, filed 8/18/09, effective 9/18/09)

WAC 16-470-305   Onion white rot disease -- Definitions.   The following definitions apply to WAC 16-470-300 through 16-470-340:

     (1) "Onion" means any plant of the Allium genus, including, but not limited to onion, garlic, leek, chive and shallots.

     (2) "Pest-free area" means Adams, Benton, Franklin ((and)), Grant, and Klickitat counties.

[Statutory Authority: Chapters 17.24 and 34.05 RCW. 09-17-099, § 16-470-305, filed 8/18/09, effective 9/18/09. Statutory Authority: Chapter 17.24 RCW. 01-01-013, § 16-470-305, filed 12/6/00, effective 1/6/01.]

     (2) Movement of infested onions or other articles within the pest-free area or removal of infested onions or other articles from the pest-free area is prohibited, except when the infested onions or other articles are accompanied by a written permit issued by the department. Requests for permits must be addressed to: Plant Services Program Manager, Plant Protection Division, Washington State Department of Agriculture, 1111 Washington St. S.E., P.O. Box 42560, Olympia, WA ((98540-2560)) 98504-2560; fax ((360-902-2092)) 360-902-2094; e-mail: nursery@agr.wa.gov.

     (3) Control and eradication methods that may be used are limited to those approved by the department. They may include:

     (a) Destroying onions from an infested lot, bin, or location, and other infested articles;

     (b) Prohibiting the production of onions in part or all of any infested area;

     (c) Preventing off-flow of irrigation or rainwater from any infested area;

     (d) Prohibiting the pasturing of animals on any infested area;

     (e) Requiring equipment, tools and machinery used on an infested area be cleaned and sanitized as described in WAC 16-470-320 prior to removal from the area.

[Statutory Authority: Chapters 17.24 and 34.05 RCW. 09-17-099, § 16-470-330, filed 8/18/09, effective 9/18/09. Statutory Authority: Chapter 17.24 RCW. 01-01-013, § 16-470-330, filed 12/6/00, effective 1/6/01; 85-20-043 (Order 1873), § 16-470-330, filed 9/25/85.]