WSR 17-03-117

PREPROPOSAL STATEMENT OF INQUIRY

[Filed January 17, 2017, 3:53 p.m.]

Subject of Possible Rule Making: Chapter 16-350 WAC, Registration and certification of fruit tree planting stock, the department is considering adopting changes to the fruit tree planting stock rule to recognize the Clean Plant Center Northwest as the primary foundation source for the program, to align program terminology with that of the National Clean Plant Network (NCPN) fruit tree state level model regulatory standard, to modify the eligibility requirements for registered Prunus trees, and clarify eligibility requirements for imported propagation material.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.14.015 and chapter 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: NCPN was created in 2008 to protect specialty crops from the spread of economically harmful, graft-transmissible plant viruses and pathogens. Its mission is to maintain foundation planting stock (G1) at clean plant centers around the United States and to provide this virus-tested stock to nursery growers. Virus and disease free planting stock offers potential for higher crop yields and better crop quality, maintaining the competitiveness of United States fruit and produce in the global marketplace.

The Washington state department of agriculture's (WSDA) fruit tree planting stock certification program builds on the NCPN mission by ensuring Washington certified nurseries provide clean planting stock for cherry and pome fruit orchard production. Modifying our certification program rules will facilitate the use of tissue culture to propagate registered stool beds and allow growers to propagate generation 3 (G3) Prunus trees from generation 2 (G2). Adopting international terminology for defining the relationship of registered and certified stock to foundation material clarifies and standardizes our program with the NCPN vision and a nationally recognized model.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Department staff will discuss any proposed amendments with affected stakeholders. Affected stakeholders will also have an opportunity to submit written comments on the proposed rules during the public comment period and will be able to present oral testimony at the public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Brad White, Assistant Director, Plant Protection Division, WSDA, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1907, fax (360) 902-2094, email bwhite@agr.wa.gov; or Cindy Cooper, Plant Services Program Manager, Plant Protection Division, WSDA, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1984, fax (360) 902-2094, email Ccooper@agr.wa.gov.

January 17, 2017

Brad White

Assistant Director