Apple maggot (Rhagoletis pomonella) and plum curculio (Conotrachelus nenuphar) are insects with a larval (worm) stage that develops within fruit. These insects are capable of attacking many fruit crops grown in Washington. Apple maggot is not established in significant portions of the major fruit production areas east of the Cascade Mountains, and plum curculio is not established anywhere in the state. An increased range for either insect would cause decreased environmental quality and economic loss to the agricultural industries of the state by increasing production inputs and jeopardizing foreign and domestic markets.

(1) The director, pursuant to chapter 17.24 RCW, has determined that the regulation and/or exclusion of fresh fruits grown or originating from areas infested with apple maggot or plum curculio is necessary to protect the environment and agricultural crops of the state.

(2) The director, pursuant to chapter 17.24 RCW, has determined that municipal solid waste originating from areas infested with apple maggot is a host medium for apple maggot and is a "regulated commodity" as provided in WAC 16-470-111. The exclusion of such municipal solid waste from the pest free area is necessary to protect the environment and agricultural crops of the state. The transport into and disposition of such municipal solid waste in the pest free area may be allowed by a special permit as provided in WAC 16-470-124(1).

(3) The director, pursuant to chapter 17.24 RCW, has determined that yard debris, organic feedstocks, organic materials, and agricultural wastes as defined in WAC 173-350-100 originating from areas infested with apple maggot is a host medium for apple maggot and is a "regulated commodity" as provided in WAC 16-470-111. The exclusion of such waste from the pest free area is necessary to protect the environment and agricultural crops of the state. The transport into and disposition of yard debris, organic feedstocks, organic materials, and agricultural wastes in the pest free area may be allowed by a special permit as provided in WAC 16-470-124(2).

(4) The director, pursuant to chapter 17.24 RCW, has determined that soil and growing medium in pots or on root balls of host plants or any plants (host or nonhost) that were within the drip line of host plants that have produced fruit, originating from areas infested with apple maggot are a host medium for apple maggot and are "regulated commodities" as provided in WAC 16-470-111. The exclusion of such soil or growing medium from the pest free area is necessary to protect the environment and agricultural crops of the state. The transport of such soil or growing medium into the pest free area may be allowed if accompanied by an official inspection certificate issued by the plant protection organization of the state of origin as provided in WAC 16-470-113 and 16-470-115.