reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-390 - Fruit and vegetable inspection fees and other charges › Section 16-390-250 - Other services and fees

Current through Register Vol. 24-14, July 15, 2024
(1)
				Other services not involving certification services, provided to other
				agencies, commissions, growers, businesses, and organizations are charged at
				the applicable hourly fee specified in WAC
				16-390-025.
(2) Other inspection and certification
				services , such as bean, pea, lentil, hay or straw certification provided to
				other programs in the department, other agencies, commissions, growers,
				businesses, and organizations are charged at the applicable hourly fee
				specified in WAC
				16-390-025.
(3) The fee for facsimile or electronic
				transmission of inspection documents not provided with certification services
				is five dollars per transmission .
(4) The fee for a certified copy of an
				original certificate is five dollars.
Statutory Authority:
					 RCW
					 15.17.050,
					 2012 2nd sp.s. c
					 7 , and
					 chapter
					 34.05 RCW. 12-19-040,
					 § 16-390-250, filed 9/12/12, effective 10/13/12. Statutory Authority:
					 Chapters
					 15.17,
					 34.05 RCW, and 2003 1st sp.s. c 25.
					 04-11-078, § 16-390-250, filed 5/18/04, effective
					 6/18/04.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-390 - Fruit and vegetable inspection fees and other charges › Section 16-390-260 - Overtime and holiday charges

Current through Register Vol. 24-14, July 15, 2024
All certification services performed outside of regular
				  business hours are charged a fee equivalent to the applicable overtime fee
				  specified in WAC
				  16-390-025 unless an applicable
				  CWT fee meets or exceeds the overtime fee.
Statutory Authority:
					 RCW
					 15.17.050,
					 2012 2nd sp.s. c
					 7 , and
					 chapter
					 34.05 RCW. 12-19-040,
					 § 16-390-260, filed 9/12/12, effective 10/13/12. Statutory Authority:
					 Chapters
					 15.17,
					 34.05 RCW, and 2003 1st sp.s. c 25.
					 04-11-078, § 16-390-260, filed 5/18/04, effective
					 6/18/04.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-390 - Fruit and vegetable inspection fees and other charges › Section 16-390-270 - Waived fees

Current through Register Vol. 24-14, July 15, 2024
Certificate of compliance fees may be waived for fruits and
				  vegetables donated to bona fide nonprofit organizations . The shipping
				  containers must be conspicuously labeled or marked "not for
				  resale."
Statutory Authority:
					 RCW
					 15.17.050,
					 2012 2nd sp.s. c
					 7 , and
					 chapter
					 34.05 RCW. 12-19-040,
					 § 16-390-270, filed 9/12/12, effective 10/13/12. Statutory Authority:
					 Chapters
					 15.17,
					 34.05 RCW, and 2003 1st sp.s. c 25.
					 04-11-078, § 16-390-270, filed 5/18/04, effective
					 6/18/04.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-390 - Fruit and vegetable inspection fees and other charges › Section 16-390-280 - Payment and collection of fees and charges

Current through Register Vol. 24-14, July 15, 2024
(1) All fees and charges for services
				rendered are due within thirty days after the date of the billing
				statement.
(2) If payment is not
				received within thirty days, service may be withheld until the delinquent
				account is paid in full.
(3) The
				director may assess a penalty of eighteen percent per annum on all unpaid
				account balances thirty days after billing.
Statutory Authority:
					 RCW
					 15.17.050,
					 2012 2nd sp.s. c
					 7 , and
					 chapter
					 34.05 RCW. 12-19-040,
					 § 16-390-280, filed 9/12/12, effective 10/13/12. Statutory Authority:
					 Chapters
					 15.17,
					 34.05 RCW, and 2003 1st sp.s. c 25.
					 04-11-078, § 16-390-280, filed 5/18/04, effective
					 6/18/04.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-401 - Nursery inspection fees › Section 16-401-019 - Schedule of fees and charges - Billing policies and procedures

Current through Register Vol. 24-14, July 15, 2024
(1) All billable
				services provided under
				chapter
				15.13 RCW are due and
				payable upon billing by the department. For the convenience of established
				accounts and in accord with good business practices, the department provides a
				monthly billing service for established accounts. Accounts not paid-in-full
				within thirty days of billing are considered delinquent.
(2) All delinquent accounts are assessed a
				late charge equal to one and one-half percent per month, or portion of a month,
				on the unpaid balance.
(3) Except
				for established accounts where there is a reasonable expectation of additional
				charges during a calendar month, the minimum billable amount through the
				monthly billing system is twenty dollars. All billable services of less than
				twenty dollars are due and payable-in-full at the time that service is
				rendered.
(4) No person with an
				account ninety days or more in arrears will receive service except on the basis
				of payment in full at the time service is rendered. Such accounts will not be
				restored to monthly billing status until all past due accounts are
				paid-in-full. Such accounts may be subject to legal action for
				collection.
(5) Accounts that
				become ninety days or more in arrears twice within a five-year period may be
				subject to a permanent requirement for payment in full at the time service is
				provided.
Statutory Authority:
					 Chapters
					 15.13 and 15.14 RCW.
					 99-12-034, § 16-401-019, filed 5/26/99, effective 6/26/99. Statutory
					 Authority: [Chapter 15.13
					 RCW]. 92-24-067 (Order 4016), § 16-401-019, filed 12/1/92, effective
					 1/1/93.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-401 - Nursery inspection fees › Section 16-401-021 - Schedule of fees and charges - Facility inspection

Current through Register Vol. 24-14, July 15, 2024
(1) The department may conduct regulatory
				inspections of any plant material at any nursery facility licensed under
				chapter
				15.13 RCW without
				additional charge except as provided in subsection (2) of this section.
				Subsequent to each inspection the department will issue a nursery inspection
				report to the licensed nursery.
(2)
				The department may charge a fee for repeated, subsequent inspections of
				licensed locations where plant material does not meet the requirements in
				chapter
				15.13 RCW. However, the
				licensed location cannot be subjected to more than two paid inspections each
				license period. Fees are assessed on the basis of the time required for the
				inspection at the applicable hourly rate provided in this chapter.
Statutory Authority:
					 Chapters
					 15.13, 15.14, and
					 34.05 RCW. 03-10-083, §
					 16-401-021, filed 5/6/03, effective 6/30/03. Statutory Authority:
					 Chapters
					 15.13 and 15.14 RCW.
					 01-11-031, § 16-401-021, filed 5/8/01, effective 6/8/01; 99-12-034, §
					 16-401-021, filed 5/26/99, effective
					 6/26/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-401 - Nursery inspection fees › Section 16-401-023 - Schedule of fees and charges-Establishing hourly rates

Current through Register Vol. 24-14, July 15, 2024
(1) Requested
				services are provided at the applicable hourly rate. Services are generally
				available between 8:00 a.m. and 5:00 p.m. during the workweek, except for on
				holidays listed in subsection (2) of this section.
(2) Holidays mean New Year's Day, Memorial
				Day, Juneteenth, Independence Day, Labor Day, Thanksgiving Day, the day
				immediately following Thanksgiving Day, Veteran's Day, Christmas Day,
				President's Day, and Martin Luther King's Birthday.
(3) The hourly charge is assessed in one-half
				hour increments, with one-half hour being the minimum charge.
Statutory Authority:
					 Chapters
					 15.13, 15.14, and
					 34.05 RCW. 03-10-083, §
					 16-401-023, filed 5/6/03, effective 6/30/03. Statutory Authority:
					 Chapters
					 15.13 and 15.14 RCW.
					 99-12-034, § 16-401-023, filed 5/26/99, effective 6/26/99. Statutory
					 Authority: [Chapter 15.13
					 RCW]. 92-24-067 (Order 4016), § 16-401-023, filed 12/1/92, effective
					 1/1/93.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-401 - Nursery inspection fees › Section 16-401-027 - Schedule of fees and charges-Applicable rates and charges

Current through Register Vol. 24-14, July 15, 2024
The following rates apply for requested inspection services
				  at licensed nursery facilities:
(1)
Fee or Charge:
Hourly rate-business hours
$58.00
Phytosanitary certificate issued for
$20.00
Certificate of plant health for noncommercial
							 movement
$20.00
Compliance agreement
$58.00
Inspection tags or stickers (lots of 250)
$10.00 per lot
(2) Mileage at
				the established office of financial management rate, per diem and other
				authorized travel expenses at actual cost, and travel time at the applicable
				hourly rate may be assessed for requested inspections that are not a part of a
				regular work schedule. Such charge may be prorated among applicants if more
				than one applicant is provided service during a workday or trip when mileage
				and/or per diem are applicable.
(3)
				Inspections for phytosanitary certification, including growing season field
				inspections, are provided at the applicable hourly rate provided in subsection
				(1) of this section except where an alternate certification inspection fee is
				provided in statute, in rule, or by a written agreement between the department
				and an industry entity, university, or public agency. When growing season field
				inspections for phytosanitary certification and regulatory inspections are
				performed simultaneously, the first two hours of inspection each calendar year
				for nurseries licensed under WAC
				16-401-041(1)(b) or
				(2)(a); and the first four hours of
				inspection per calendar year for nurseries licensed under WAC
				16-401-041(1)(c) or
				(2)(b), are without charge.
(4) Inspection and certification of nonplant
				material or equipment for sanitation (freedom from soil or pests) by visual
				examination or through witnessing a prescribed treatment (steam cleaning,
				hydro-washing, etc.) is charged at the applicable hourly rate.
(5) The department may also charge fees
				and/or surcharges for transmittal to federal agencies.
(6) The department may issue a certificate of
				plant health for noncommercial movement of plant materials between states by
				unlicensed persons, up to a maximum of five plants, for a flat fee without
				charges for hourly rate, provided that the plants are brought to a plant
				services office for inspection.
Note:
When two or more types of inspection, provided in
							 this section, are performed simultaneously, only one hourly rate
							 applies.
When two or more types of inspection, provided in this
					 section, are performed simultaneously, only one hourly rate applies. One
					 certificate for one service is issued at no charge.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-401 - Nursery inspection fees › Section 16-401-032 - Schedule of fees and charges - Miscellaneous charges

Current through Register Vol. 24-14, July 15, 2024
The following rates for miscellaneous charges on requested
				  inspections shall apply.
(1) Postage,
				special handling services and other miscellaneous costs exceeding five dollars
				are charged at the actual cost.
(2)
				Other requested office services, not specifically provided for, are charged a
				fee based on the portion of an hour at the applicable hourly rate in this
				chapter.
Statutory Authority:
					 Chapters
					 15.13, 15.14, and
					 34.05 RCW. 05-12-110, §
					 16-401-032, filed 5/31/05, effective 7/1/05; 03-10-083, § 16-401-032,
					 filed 5/6/03, effective 6/30/03. Statutory Authority:
					 Chapters
					 15.13 and 15.14 RCW.
					 01-11-031, § 16-401-032, filed 5/8/01, effective
					 6/8/01.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-401 - Nursery inspection fees › Section 16-401-041 - Nursery dealer license fees

Current through Register Vol. 24-14, July 15, 2024
Annual license fees as established below, must accompany the
				  application for nursery dealer license:
(1) Retail nursery dealer license fee:
(a) Gross business sales of horticultural
				plants and turf less than $2,500 ..........................................
				$67.20
(b) Gross business sales of
				horticultural plants and turf between $2,500 and $15,000, the license fee is
				................ $147.20
(c) Gross
				business sales of horticultural plants and turf of $15,000 or more
				......................... $292.00
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-401 - Nursery inspection fees › Section 16-401-045 - Christmas tree grower license fees

Current through Register Vol. 24-14, July 15, 2024
(1) All Christmas tree growers, except those
				exempted in subsection (5) of this section, must obtain a Christmas tree grower
				license.
(2) The licensing period
				for a Christmas tree grower license is February 1st to January 31st.
(3) The annual fee for a Christmas tree
				grower license is forty dollars plus an acreage assessment of three dollars per
				acre. The annual Christmas tree grower license fee for any person may not
				exceed five thousand dollars.
(4)
				Growers must submit an application for Christmas tree grower license and the
				annual fee to the department by February 1st.
(5) Any Christmas tree grower owning
				Christmas trees, whose business consists solely of retail sales to the ultimate
				consumer, is exempt from the requirements of this section if:
(a) The grower has less than one acre of
				Christmas trees; or
(b) The grower
				harvests, by u-cut or otherwise, fewer than four hundred Christmas trees per
				year.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-401 - Nursery inspection fees › Section 16-401-050 - Annual assessment - Fruit tree material

Current through Register Vol. 24-14, July 15, 2024
As provided in
				  RCW
				  15.13.310, an annual assessment of one
				  percent on the gross sale price of the wholesale market value for all fruit
				  trees, fruit tree related ornamental trees, fruit tree seedlings, fruit tree
				  rootstock, and all other rootstock used for fruit tree propagation produced in
				  Washington, and sold within the state or shipped from the state by any licensed
				  nursery dealer, is established.
Statutory Authority:
					 Chapters
					 15.13 and 15.14 RCW.
					 99-12-034, § 16-401-050, filed 5/26/99, effective 6/26/99. Statutory
					 Authority: [Chapter 15.13
					 RCW]. 92-24-067 (Order 4016), § 16-401-050, filed 12/1/92, effective
					 1/1/93. Statutory Authority:
					 Chapter
					 15.54 RCW. 87-19-098
					 (Order 1953), § 16-401-050, filed
					 9/17/87.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-401 - Nursery inspection fees › Section 16-401-060 - Annual assessment-Grapevines

Current through Register Vol. 24-14, July 15, 2024
As provided in
				  RCW
				  15.13.310, an annual assessment of five
				  percent, not to exceed $0.10 per grapevine, on the gross sale price of the
				  wholesale market value for all grapevine propagation material produced in
				  Washington, and sold within the state or shipped from the state by any licensed
				  nursery dealer, is established.
Statutory Authority:
					 Chapters
					 15.13 and
					 34.05 RCW. 03-09-112, §
					 16-401-060, filed 4/22/03, effective
					 5/23/03.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-401 - Nursery inspection fees › Section 16-401-070 - Annual assessment - Recordkeeping requirement

Current through Register Vol. 24-14, July 15, 2024
Any person selling grapevine, fruit tree or fruit tree
				  related ornamental nursery stock must maintain a set of accurate sales records
				  to facilitate an audit and ensure that the proper assessment amount is paid to
				  the department. The records must be maintained for a minimum of three years
				  from the date of sale. At a minimum, the records must contain sequentially
				  numbered sales invoices that clearly show the amount of assessment owed for
				  each invoice. Sales invoices must be filed either numerically or
				  alphabetically.
Statutory Authority:
					 Chapters
					 15.13, 15.14 and
					 34.05 RCW. 04-11-026, §
					 16-401-070, filed 5/11/04, effective
					 6/11/04.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-402 - Plant pest infestations and plant labeling › Section 16-402-005 - Freedom from infestation - General

Current through Register Vol. 24-14, July 15, 2024
Issuance of any document stating that horticultural plants
				  are apparently free from plant pests means only that the plants were inspected
				  and found to meet the standards for freedom from infestation by plant pests
				  described in this chapter. The department disclaims all expressed or implied
				  warranties, including without limitations implied warranties of merchantibility
				  and fitness for particular purpose, regarding all plants, plant parts, and
				  plant material under this chapter. The department is not responsible for
				  disease, genetic disorders, failure of performance or otherwise in connection
				  with this chapter. No grower, nursery dealer, government official or other
				  person is authorized to give any expressed or implied warranties on behalf of
				  the department regarding this chapter.
Statutory Authority:
					 Chapter
					 15.13 RCW. 98-17-069,
					 § 16-402-005, filed 8/17/98, effective
					 9/17/98.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-402 - Plant pest infestations and plant labeling › Section 16-402-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section shall apply throughout this
				  chapter.
"Collected horticultural plant" means a noncultivated native
				  plant, collected in its native habitat and sold for horticultural
				  purposes.
"Department" means the Washington state department of
				  agriculture.
"Director" means the director of the Washington state
				  department of agriculture or the director's duly authorized
				  representative.
"Established" means a reproducing population of a pest that
				  is expected to have a permanent presence.
"Harmful" means injurious or potentially injurious to
				  horticultural plants.
"Practically free" means horticultural plants which do not
				  exceed:
(a) A 2% infestation level;
				or
(b) An infestation in an amount
				expected to result from and be consistent with good culturing and handling
				practices employed in the production and marketing of the horticultural plants.
"Quarantine pest" means any pest listed in current Washington
				  state quarantines as promulgated in
				  chapter
				  17.24 RCW.
"Tag" means to identify a horticultural plant or a group of
				  horticultural plants by a bill of lading, invoice, label or other package
				  marking.
"Unit of sale" means a group of the same plant variety or of
				  mixed varieties placed together at a specific site for retail
				  sale.
Statutory Authority:
					 Chapters
					 15.13 and
					 34.05 RCW. 04-09-084, §
					 16-402-010, filed 4/20/04, effective 5/21/04. Statutory Authority:
					 Chapter
					 15.13 RCW. 98-17-069,
					 § 16-402-010, filed 8/17/98, effective
					 9/17/98.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-402 - Plant pest infestations and plant labeling › Section 16-402-015 - Standards for freedom from infestation by plant pests

Current through Register Vol. 24-14, July 15, 2024
Horticultural plants sold, held for sale, shipped or
				  transported into the state must be:
(1) Free of quarantine pests;
(2) Free of pests that would be harmful if
				allowed to become established within the state or county; and
(3) Practically free of plant pests.
Determination of this standard shall be based on visual
				  inspection by the department.
Statutory Authority:
					 Chapter
					 15.13 RCW. 98-17-069,
					 § 16-402-015, filed 8/17/98, effective
					 9/17/98.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-402 - Plant pest infestations and plant labeling › Section 16-402-020 - Compliance with standards required

Current through Register Vol. 24-14, July 15, 2024
(1) Horticultural plants sold, held for sale,
				shipped or transported in the state must comply with the standards described in
				WAC 16-402-015.
(2) The director may deny, suspend or revoke
				the license of any person selling, holding for sale, shipping or transporting
				horticultural plants in violation of this standard, pursuant to
				RCW
				15.13.490. The director may also issue civil
				penalties in accordance with
				RCW
				15.13.490 for violations of this
				standard.
(3) Any horticultural
				plant sold, held for sale, shipped or transported in violation of WAC
				16-402-015 shall be subject to a
				hold order, issued pursuant to
				RCW
				15.13.430, or an order of condemnation,
				issued pursuant to
				RCW
				15.13.440. Upon issuance of a hold order or
				an order of condemnation, the seller or holder of the plant material is
				entitled to request a hearing under
				chapter
				34.05 RCW.
(4) The department shall issue a nursery
				inspection record or other official document(s) certifying compliance to WAC
				16-402-015.
Statutory Authority:
					 Chapters
					 15.13 and
					 34.05 RCW. 04-09-084, §
					 16-402-020, filed 4/20/04, effective 5/21/04. Statutory Authority:
					 Chapter
					 15.13 RCW. 98-17-069,
					 § 16-402-020, filed 8/17/98, effective
					 9/17/98.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-402 - Plant pest infestations and plant labeling › Section 16-402-030 - Standards for plant labeling

Current through Register Vol. 24-14, July 15, 2024
(1) Nursery dealers transporting
				horticultural plants into the state must legibly tag or identify each species
				or variety of plant in the shipment in a conspicuous manner with the botanical
				name and/or the common name.
(2)
				Nursery dealers displaying horticultural plants for retail sale must tag or
				identify each variety or species of each unit of sale in a conspicuous manner
				with the botanical name, and/or the common name, or provide this information to
				any person upon request.
This requirement does not apply to containers or baskets with
				  mixed species of perennials, annuals or biennials.
(3) Nursery dealers must tag or identify
				collected horticultural plants with the botanical name, the common name and
				designate the plants as collected.
(4) To determine compliance with state and
				federal quarantines, the botanical name of each horticultural plant transported
				or sold in the state must be made available to the director upon
				request.
Statutory Authority:
					 Chapters
					 15.13 and
					 34.05 RCW. 04-09-084, §
					 16-402-030, filed 4/20/04, effective
					 5/21/04.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-402 - Plant pest infestations and plant labeling › Section 16-402-040 - Horticultural plants not in compliance

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				  RCW
				  15.13.410, the director may order any
				  horticultural plant, not properly tagged or identified, off sale or returned to
				  the consignor for proper tagging. Upon issuance of an order requiring
				  horticultural plants to be removed from sale or returned to the consignor, the
				  seller or holder of the plant material is entitled to request a hearing under
				  chapter
				  34.05
				  RCW.
Statutory Authority:
					 Chapters
					 15.13 and
					 34.05 RCW. 04-09-084, §
					 16-402-040, filed 4/20/04, effective
					 5/21/04.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-402 - Plant pest infestations and plant labeling › REPORTING AND HOLDING OF TREE AND SHRUB NURSERY STOCK › Section 16-402-100 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The intrusion of nonnative, invasive plant pest species
					 into Washington state is a significant public concern. Plant pest species
					 include insects, nematodes, snails, plant diseases, weeds and other species
					 which harm plants or plant products. If established, such plant pests have
					 potential to cause harm to the state's forest, agricultural, horticultural,
					 floricultural and apiary industries, to damage natural resources and the
					 property of private landowners, to reduce environmental quality, and to
					 threaten the diversity and abundance of native species. In recent years, many
					 of these invasive plant pests have entered the state, in some cases causing
					 significant private and public expense for monitoring, control or eradication.
					 This rule is intended to aid in the exclusion, tracking, identification,
					 control and/or eradication of invasive plant pests which may enter the state on
					 or in association with horticultural plants, in order to protect public health,
					 safety, welfare, and the environment.
Statutory Authority:
						Chapters
						15.13,
						17.24, and
						34.05 RCW. 04-14-090, §
						16-402-100, filed 7/6/04, effective
						8/6/04.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-402 - Plant pest infestations and plant labeling › REPORTING AND HOLDING OF TREE AND SHRUB NURSERY STOCK › Section 16-402-110 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to WAC
					 16-402-100 through
					 16-402-130:
(1) "Tree and shrub nursery stock" means
				  woody forest and ornamental trees, shrubs and vines grown or kept for
				  propagation, distribution or sale, including bareroot, balled and burlaped, and
				  containerized plants, liners, budwood, seedlings and cuttings. Fruit, seeds and
				  tissue culture plantlets are not considered tree and shrub nursery
				  stock.
(2) "Business day" means
				  Monday through Friday, excluding state holidays.
(3) "Receiving nursery" means any nursery
				  dealer within Washington state, including landscape firms and greenhouses
				  required to be licensed as nursery dealers, that acquires tree and shrub
				  nursery stock via interstate or international shipment.
Statutory Authority:
						Chapters
						15.13,
						17.24, and
						34.05 RCW. 04-14-090, §
						16-402-110, filed 7/6/04, effective
						8/6/04.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-402 - Plant pest infestations and plant labeling › REPORTING AND HOLDING OF TREE AND SHRUB NURSERY STOCK › Section 16-402-120 - Notification requirement

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Receiving nurseries for tree and shrub nursery stock imported into Washington
				  state from any out-of-state source are required to notify the Washington state
				  department of agriculture (WSDA). Notification methods may include U.S. mail,
				  telefacsimile, delivery service or e-mail to: Nursery Inspection Program
				  Supervisor, Plant Protection Division, Washington State Department of
				  Agriculture, 1111 Washington St. S.E., P.O. Box 42560, Olympia, WA 98504-2560;
				  fax 360-902-2094; e-mail: nursery@agr.wa.gov.
(2) Notification must include the species of
				  plant(s), quantities of each species, source of each shipment and the receiving
				  nursery's contact information including telephone numbers and e-mail address
				  (if available). Copies of regular shipping documents, such as load lists, with
				  this information are encouraged.
(3) Notification must arrive at WSDA no later
				  than two business days after arrival of the shipment at the receiving nursery.
				  Notification in advance of the shipment is encouraged.
(4) WSDA may approve alternative notification
				  systems, if the alternative systems allow the provisions of WAC 16-401-130 to
				  be carried out.
Statutory Authority:
						Chapters
						15.13,
						17.24, and
						34.05 RCW. 04-14-090, §
						16-402-120, filed 7/6/04, effective
						8/6/04.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-402 - Plant pest infestations and plant labeling › REPORTING AND HOLDING OF TREE AND SHRUB NURSERY STOCK › Section 16-402-130 - Hold requirement

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Tree and shrub nursery stock shipments from outside the state must be held
				  separate from other nursery stock for a minimum of one full business day after
				  notification is received by WSDA.
(2) WSDA will contact the nursery before or
				  during the hold period specified in subsection (1) of this section, if the tree
				  and shrub nursery stock must be held for inspection. WSDA will conduct the
				  inspection as soon as practicable.
(3) Unless the receiving nursery has been
				  instructed by WSDA to hold the shipment under subsection (2) of this section,
				  the receiving nursery may distribute the stock before the expiration of the
				  hold period specified in subsection (1) of this section, if the disposition of
				  the stock is fully traceable. Retail sale to cash customers is not permitted
				  during the hold period.
Statutory Authority:
						Chapters
						15.13,
						17.24, and
						34.05 RCW. 04-14-090, §
						16-402-130, filed 7/6/04, effective
						8/6/04.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-403 - Standards for apples marketed within the state of Washington › Section 16-403-004 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to provide for the fair and
				  orderly marketing of fresh apples in the state of Washington by establishing
				  uniform grades and standards and by providing for the inspection of these
				  products.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-403 - Standards for apples marketed within the state of Washington › Section 16-403-024 - Adoption of Washington state standards for grades of apples

Current through Register Vol. 24-14, July 15, 2024
Washington state standards apple grades for extra fancy and
				  fancy, except the Fuji variety, must be equivalent to or better than the U.S.
				  standards for U.S. extra fancy and U.S. fancy grades of apples, 7 C.F.R. Sec.
				  51.300 et seq., in effect as of December 19, 2002. Apples meeting the foregoing
				  grades may be marked either with the proper Washington or U.S. grade, or both.
				  In no case may the Washington grade and condition requirements be interpreted
				  as less than the standards required by the applicable U.S. standards for grades
				  for the comparable Washington grade and variety.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-403 - Standards for apples marketed within the state of Washington › Section 16-403-034 - General standards for Washington grades

Current through Register Vol. 24-14, July 15, 2024
General standards for Washington grades shall apply to
				  apples of one variety (except when more than one variety is printed on the
				  container) which must meet the following standards in addition to standards
				  specific to each Washington grade:
(1)
				The apples must be mature but not overripe, clean, fairly well formed, and free
				from decay, internal browning, internal breakdown, brown surface discoloration,
				scab, freezing injury, visible water core, broken skins, and bruises, except
				those which are slight and incidental to proper handling and packing;
				and
(2) The apples must be free
				from damage by invisible water core after January 31st of the year following
				the year of production except for the Washington C grade.
(3) Invisible water core is not a quality
				factor of the Fuji variety at any time of the year.
(4) Apples of the red, partial red or blushed
				varieties must meet the color requirements specified for the variety in WAC
				16-403-064.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-403 - Standards for apples marketed within the state of Washington › Section 16-403-044 - Washington extra fancy grade standards for red, partial red or blushed variety apples

Current through Register Vol. 24-14, July 15, 2024
In addition to meeting the general standards under WAC
				  16-403-034, Washington extra fancy grade red, partial red, or blushed variety
				  apples must be free from injury as specified in WAC 16-403-164(1) and
				  16-403-174(1) and damage as specified in WAC 16-403-164(2) and
				  16-403-174(2).
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-403 - Standards for apples marketed within the state of Washington › Section 16-403-054 - Washington fancy grade standards for red, partial red or blushed variety apples

Current through Register Vol. 24-14, July 15, 2024
In addition to meeting the general standards under WAC
				  16-403-034, Washington fancy grade red, partial red, or blushed variety apples
				  must also be free from damage as specified in WAC 16-403-164(2) and
				  16-403-174(2).
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-403 - Standards for apples marketed within the state of Washington › Section 16-403-074 - Washington extra fancy standards for green or yellow varieties

Current through Register Vol. 24-14, July 15, 2024
Washington green or yellow variety extra fancy apples must
				  meet the following standards in addition to meeting the general standards under
				  WAC 16-403-034. The apples must be free from:
(1) Slightly rough and rough russeting:
				Provided, that russeting other than rough or bark-like russeting materially
				affecting the appearance of the apple may be permitted in the stem cavity or
				calyx basin if it cannot be seen when the apple is placed stem end and calyx
				end down on a flat surface.
(2)
				Injury as specified in WAC 16-403-164(1) and 16-403-174(1); and
(3) Damage as specified in WAC 16-403-164(2)
				and 16-403-174(2).
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-403 - Standards for apples marketed within the state of Washington › Section 16-403-084 - Washington fancy standards for green or yellow varieties

Current through Register Vol. 24-14, July 15, 2024
In addition to meeting the general standards under WAC
				  16-403-034, green or yellow variety fancy apples must be free from damage as
				  specified in WAC 16-403-164(2) and 16-403-174(2).
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-403 - Standards for apples marketed within the state of Washington › Section 16-403-094 - Washington C grade standards for green or yellow varieties

Current through Register Vol. 24-14, July 15, 2024
The requirements for Washington C grade green or yellow
				  variety apples include the conditions for Washington fancy grade apples under
				  WAC 16-403-054. In addition, apples of this grade must be free from excessive
				  damage caused by russeting as defined under the definitions of "damage by
				  russeting," in WAC 16-403-164(2) under the following conditions:
(1) The aggregate area of an apple which is
				covered by smooth net-like russeting may not exceed twenty-five
				percent.
(2) The aggregate area of
				an apple which is covered by smooth solid russeting may not exceed ten percent
				except as follows:
(a) The aggregate area for
				Newtown, Granny Smith or similar varieties which is covered with smooth solid
				russeting may not exceed twenty percent; and
(b) The aggregate area of an apple which is
				covered with excessively rough or bark-like russeting or limb rubs may not
				exceed the area of a circle three-fourths inch in diameter.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-403 - Standards for apples marketed within the state of Washington › Section 16-403-104 - Combination grades and gift grade

Current through Register Vol. 24-14, July 15, 2024
Combination grades apply to all varieties of apples except
				  red or partial red varieties which may only be packed in the combination extra
				  fancy and fancy grade. Gift grade applies to a combination of apples and
				  pears.
(1) Combination extra fancy and
				fancy. When extra fancy and fancy apples are packed together, the containers
				must be marked "Washington combination extra fancy and fancy" and must contain
				at least eighty percent extra fancy apples, except that Newtown variety
				combinations must contain at least fifty percent extra fancy apples.
(2) Combination extra fancy, fancy and C
				grade. When extra fancy, fancy and C grade apples are packed together, the
				containers must be marked "Washington combination extra fancy, fancy and C
				grade" and must contain at least eighty percent extra fancy apples, except that
				Newtown variety combinations must contain at least fifty percent extra fancy
				apples.
(3) Combination fancy and C
				grade. When fancy and C grade apples are packed together, the containers must
				be marked "Washington combination fancy and C grade" but must contain at least
				eighty percent fancy apples, except that Newtown variety combinations must
				contain at least fifty percent fancy apples.
(4) Gift grade. Gift grade consists of mixed
				varieties of apples and pears. Apples must be Washington extra fancy grade
				under WAC 16-403-044 and 16-403-064. Pears must be U.S. No. 1 or higher grade
				under WAC 16-442-020 and
				16-442-030.
(a) Containers must be marked "gift grade" or
				with the individual variety and grade that applies to each commodity;
(b) Containers must be marked with the net
				contents by weight or count; and
(c) Containers must be marked with business
				name and address of the packer or shipper.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-403 - Standards for apples marketed within the state of Washington › Section 16-403-114 - Standards, packing and labeling for culls

Current through Register Vol. 24-14, July 15, 2024
(1) Apples which are not graded in conformity
				with any of the grade standards in this chapter and which contain no more than
				five percent serious insect damage may be designated as "culls."
(2) Culls must be packed and labeled as
				specified in
				RCW
				15.17.080.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-403 - Standards for apples marketed within the state of Washington › Section 16-403-124 - Other brands and grades

Current through Register Vol. 24-14, July 15, 2024
The director may approve and register a private grade or
				  brand of apple. The private grade or brand may not be lower than the second
				  grade or classification established under chapter 15.17 RCW or under this
				  chapter.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-403 - Standards for apples marketed within the state of Washington › Section 16-403-134 - Soluble solids and shipping dates for Red Delicious, Delicious and Golden Delicious

Current through Register Vol. 24-14, July 15, 2024
(1)
				Red Delicious and Delicious varieties may not be shipped prior to October 1st
				of the current growing season unless they have at least eleven percent soluble
				solids as determined by refractometer.
(2) Golden Delicious varieties may not be
				shipped prior to September 20th of the current growing season unless they have
				at least ten and one-half percent soluble solids as determined by
				refractometer.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-403 - Standards for apples marketed within the state of Washington › Section 16-403-140 - Washington state standards for apples (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapters
					 15.17 and
					 34.05 RCW. 06-12-117, §
					 16-403-140, filed 6/7/06, effective 7/8/06. Statutory Authority:
					 Chapter
					 15.17 RCW. 88-14-128
					 (Order 1982), § 16-403-140, filed 7/6/88, effective 9/1/88; Order 1374,
					 § 16-403-140, filed 7/26/74, effective
					 9/1/74.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-403 - Standards for apples marketed within the state of Washington › Section 16-403-141 - Red Delicious, Delicious, Golden Delicious - Minimum soluble solids (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapters
					 15.17 and
					 34.05 RCW. 02-12-011, §
					 16-403-141, filed 5/23/02, effective 8/1/02. Statutory Authority:
					 Chapter
					 15.17 RCW. 01-12-079,
					 § 16-403-141, filed 6/5/01, effective 7/6/01; 99-14-036, §
					 16-403-141, filed 6/29/99, effective 7/30/99; 86-14-026 (Order 1892), §
					 16-403-141, filed 6/25/86.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-403 - Standards for apples marketed within the state of Washington › Section 16-403-142 - Red Delicious, Delicious, Golden Delicious, Gala, and Jonagold - Minimum firmness (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapters
					 15.17 and
					 34.05 RCW. 02-12-011, §
					 16-403-142, filed 5/23/02, effective 8/1/02. Statutory Authority:
					 Chapter
					 15.17 RCW. 90-09-032
					 (Order 2032), § 16-403-142, filed 4/11/90, effective 5/12/90; 89-14-031
					 (Order 2012), § 16-403-142, filed 6/28/89, effective 9/1/89; 88-14-128
					 (Order 1982), § 16-403-142, filed 7/6/88, effective
					 9/1/88.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-403 - Standards for apples marketed within the state of Washington › Section 16-403-143 - Granny Smith - Starch-iodine requirements (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 15.17 RCW. 01-12-079,
					 § 16-403-143, filed 6/5/01, effective 7/6/01; 92-15-056, §
					 16-403-143, filed 7/13/92, effective
					 8/13/92.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-403 - Standards for apples marketed within the state of Washington › Section 16-403-144 - Firmness at time of shipping standards for Red Delicious, Delicious, Golden Delicious, Gala, and Jonagold

Current through Register Vol. 24-14, July 15, 2024
At time of shipment the following firmness standards must be
				  met:
(1) Red Delicious and Delicious
				varieties must pressure test at least twelve pounds. However, apples failing to
				pressure test twelve pounds may be considered as meeting the requirements of
				this section when the individual apple exhibits edible qualities and texture of
				flesh comparable to other apples of the same variety which pressure test twelve
				pounds or more.
(2) Golden
				Delicious variety must pressure test at least ten pounds. However, apples
				failing to pressure test ten pounds may be considered as meeting the
				requirements of this section when the individual apple exhibits edible
				qualities and texture of flesh comparable to other apples of the same variety
				which pressure test ten pounds or more.
(3) Gala and Jonagold varieties must pressure
				test at least eleven pounds.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-403 - Standards for apples marketed within the state of Washington › Section 16-403-145 - Red, partial red or blushed varieties-Washington extra fancy

Current through Register Vol. 24-14, July 15, 2024
Washington extra fancy consists of apples of one variety
				  (except when more than one variety is printed on the container) which are
				  mature but not overripe, clean, fairly well formed; free from decay, internal
				  browning, internal breakdown, scald, scab, freezing injury, visible watercore,
				  and broken skins and bruises except those which are slight and incident to
				  proper handling and packing. The apples are also free from injury caused by
				  smooth netlike russeting, sunburn or spray-burn, limb rubs, hail, drought
				  spots, scars, disease, insects, or other means; and free from damage by smooth
				  solid, slightly rough or rough russeting, or stem or calyx cracks, Jonathan
				  spot, bitter pit and free from damage by invisible watercore after January 31st
				  of the year following the year of production: Provided, That smooth netlike
				  russeting and/or invisible watercore shall not be a quality factor of Fuji
				  variety at any time of the year. Each apple of this grade has the amount of
				  color specified in WAC
				  16-403-064 for
				  the variety.
Statutory Authority:
					 Chapters
					 15.17 and
					 34.05 RCW. 06-12-117, §
					 16-403-145, filed 6/7/06, effective 7/8/06. Statutory Authority:
					 Chapter
					 15.17 RCW. 94-07-133
					 (Order 5033), § 16-403-145, filed 3/23/94, effective 4/23/94; Order 1374,
					 § 16-403-145, filed 7/26/74, effective
					 9/1/74.