AN ACT Relating to creating a uniform seed law; amending RCW 15.14.010; adding new sections to chapter 15.49 RCW; repealing RCW 15.49.010, 15.49.020, 15.49.030, 15.49.035, 15.49.040, 15.49.050, 15.49.060, 15.49.070, 15.49.080, 15.49.090, 15.49.100, 15.49.110, 15.49.120, 15.49.130, 15.49.140, 15.49.150, 15.49.160, 15.49.170, 15.49.180, 15.49.190, 15.49.200, 15.49.210, 15.49.220, 15.49.230, 15.49.240, 15.49.250, 15.49.260, 15.49.270, 15.49.280, 15.49.290, 15.49.300, 15.49.320, and 15.49.340; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(l) "Advertisement" means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this chapter.

(2) "Agricultural seed" includes grass, forage, cereal, oil, fiber, and other kinds of crop seeds commonly recognized within this state as agricultural seeds, lawn seeds, and combinations of such seeds, and may include noxious weed seeds when the department determines that such seed is being used as agricultural seed.

(3) "Blend" means seed consisting of more than one variety of a kind, each in excess of five percent by weight of the whole.

(4) "Bulk seed" means seed distributed in a nonpackage form.

(5) "Certifying agency" means (a) an agency authorized under the laws of any state, territory, or possession to certify seed officially and which has standards and procedures approved by the United States secretary of agriculture to assure the genetic purity and identity of the seed certified; or (b) an agency of a foreign country determined by the United States secretary of agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under (a) of this subsection.

(6) "Conditioning" means drying, cleaning, scarifying, and other operations that could change the purity or germination of the seed and require the seed lot to be retested to determine the label information.

(7) "Dealer" means any person who distributes.

(8) "Department" means the department of agriculture of the state of Washington or its duly authorized representative.

(9) "Director" means the director of the department of agriculture.

(10) "Distribute" means to import, consign, offer for sale, hold for sale, sell, barter, or otherwise supply seed in this state.

(11) "Flower seeds" includes seeds of herbaceous plants grown from their blooms, ornamental foliage, or other ornamental parts, and commonly known and sold under the name of flower seeds in this state.

(12) The terms "foundation seed," "registered seed," and "certified seed" mean seed that has been produced and labeled in compliance with the regulations of the department.

(13) "Germination" means the emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, are indicative of the ability to produce a normal plant under favorable conditions.

(14) "Hard seeds" means seeds that remain hard at the end of the prescribed test period because they have not absorbed water due to an impermeable seed coat.

(15) "Hybrid" means the first generation seed of a cross produced by controlling the pollination and by combining (a) two or more inbred lines; (b) one inbred or a single cross with an open pollinated variety; or (c) two varieties or species, except open-pollinated varieties of corn (Zea mays). The second generation or subsequent generations from such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety names.

(16) "Inert matter" means all matter not seed, that includes broken seeds, sterile florets, chaff, fungus bodies, and stones as determined by methods defined by rule.

(17) "Kind" means one or more related species or subspecies that singly or collectively is known by one common name, for example, corn, oats, alfalfa, and timothy.

(18) "Label" includes a tag or other device attached to or written, stamped, or printed on any container or accompanying any lot of bulk seeds purporting to set forth the information required on the seed label by this chapter, and it may include any other information relating to the labeled seed.

(19) "Lot" means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors that appear in the labeling.

(20) "Lot number" shall identify the producer or dealer and year of production or the year distributed for each lot of seed. This requirement may be satisfied by use of a conditioner's or dealer's code.

(21) "Master license system" means the mechanism established by chapter 19.02 RCW by which master licenses, endorsed for individual state-issued licenses, are issued and renewed using a master application and a master license expiration date common to each renewable license endorsement.

(22) "Mixture," "mix," or "mixed" means seed consisting of more than one kind, each in excess of five percent by weight of the whole.

(23) "Noxious weeds" means those weeds defined in chapter 17.10 RCW.

(24) "Official sample" means any sample of seed taken and designated as official by the department.

(25) "Other crop seed" means seed of plants grown as crops, other than the kind or variety included in the pure seed, as determined by methods defined by rule.

(26) "Person" means an individual, partnership, corporation, company, association, receiver, trustee, or agent.

(27) "Pure live seed" means the product of the percent of germination plus hard or dormant seed multiplied by the percent of pure seed divided by one hundred. The result is expressed as a whole number.

(28) "Pure seed" means seed exclusive of inert matter and all other seeds not of the seed being considered as determined by methods defined by rule.

(29) "Restricted noxious weed seeds" means those weed seeds that are designated under the director's authority pursuant to RCW 17.10.235.

(30) "Retail" means to distribute to the ultimate consumer.

(31) "Screenings" mean chaff, seed, weed seed, inert matter, and other materials removed from seed in cleaning or conditioning.

(32) "Seed labeling registrant" means a person who has obtained a permit to label seed for distribution in this state.

(33) "Seeds" mean agricultural or vegetable seeds or other seeds as determined by rules adopted by the department.

(34) "Stop sale, use, or removal order" means an administrative order restraining the sale, use, disposition, and movement of a specific amount of seed.

(35) "Treated" means that the seed has received an application of a substance, or that it has been subjected to a process for which a claim is made.

(36) "Type" means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions.

(37) "Variety" means a subdivision of a kind that is distinct, uniform, and stable; "distinct" in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge; "uniform" in the sense that variations in essential and distinctive characteristics are describable; and "stable" in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties.

(38) "Vegetable seeds" includes the seeds of those crops that are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this state.

NEW SECTION. Sec. 2. Each container of agricultural, vegetable, or flower seeds that is sold, offered for sale, or exposed for sale, or transported within this state for sowing purposes shall have attached thereto in a conspicuous place a plainly written or printed label. The information contained on the label shall not be modified or denied in the labeling or on another label attached to the container.

For all treated agricultural, vegetable, or flower seeds, the label shall contain the following information:

(1) A word or statement indicating that the seed has been treated;

(2) The commonly accepted coined, chemical, or abbreviated chemical (generic) name of the applied substance or description of the process used;

(3) A caution statement indicating that such seed shall not be used for food, feed, or oil processes if the substance used to treat the seed is present in an amount that is identified by the department as harmful to human or other vertebrate animals. The caution for mercurials and similarly toxic substances shall be a poison statement or symbol;

(4) An expiration date beyond which inoculant is not to be considered effective, if the seed is treated with an inoculant.

NEW SECTION. Sec. 3. In addition to the requirements of section 2 of this act, agricultural seeds, except for grass seed mixtures as provided in section 4 of this act, and hybrids that contain less than ninety-five percent hybrid seed as provided in section 10 of this act, shall include on the label the following information:

(1) The kind and variety of each agricultural seed component present in excess of five percent of the whole and the percentage by weight of each: PROVIDED, That if the variety is of the kind permitted by rules to be labeled as to variety the label shall show the name of the kind and the words, "variety not stated." Hybrids shall be labeled as hybrids;

(2) Lot numbers or other lot identification;

(3) Origin (state or foreign country) of alfalfa, red clover, and field corn except hybrid corn. If the origin is unknown, the fact shall be stated;

(4) Percentage by weight of all weed seeds;

(5) Name and rate of occurrence per pound of each kind of restricted noxious weed seed present;

(6) Percentage by weight of agricultural seeds, which may be designated as "crop seeds," other than those required to be named on the label;

(7) Percentage by weight of inert matter;

(8) For each named agricultural seed:

(a) Percentage of germination, exclusive of hard seed;

(b) Percentage of hard seeds, if present; and

(9) Name and address of the person who labeled the seed, or who sells, offers, or exposes the seed for sale within this state.

NEW SECTION. Sec. 4. In addition to the requirements of section 2 of this act, seed mixtures for lawn or turf purposes shall include on the label the following information:

(1) The word "mixed" or "mixture" shall be stated when appropriate with the name of the mixture;

(2) The heading "pure seed" and "germination" or "germ" shall be used when appropriate;

(3) Commonly accepted name of kind or kind and variety of each agricultural seed component in excess of five percent of the whole, and the percentage by weight of pure seed in order of its predominance and in columnar form;

(4) Percentage by weight of agricultural seed other than those required to be named on the label, which shall be designated as "crop seed." If the mixture contains no crop seed, it may be identified with the following statement: "Contains no other crop seed";

(5) Percentage by weight of inert matter not to exceed ten percent by weight. Foreign material not common to grass seed shall not be added;

(6) Percentage by weight of all weed seeds. Maximum weed seed content not to exceed one-half of one percent by weight;

(7) Noxious weeds that are required to be labeled shall be listed under the heading "noxious weed seeds";

(8) For each agricultural seed named under subsection (3) of this section:

(a) Percentage of germination, exclusive of hard seed;

(b) Percentage of hard seed, if present; and

(9) Name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within the state.

NEW SECTION. Sec. 5. In addition to the requirements of sections 2 through 4 of this act, agricultural seeds that are coated shall include on the label the following information:

(1) Percentage of pure seeds with coating material removed;

(2) Percentage of coating material shown as a separate item in close association with the percentage of inert material; and

(3) Percentage of germination determined on four hundred pellets with or without seeds.

NEW SECTION. Sec. 6. In addition to the requirements of sections 2, 3, and 5 of this act, vegetable or household plantings or vegetable seeds in preplanted containers, mats, tapes, or other planting devices shall include on the label or tag the following information:

(1) Name of kind and variety of seed;

(2) Lot number or other lot identification;

(3) The year for which the seed was packed for sale or the percentage germination and the calendar month and year the test was completed to determine such percentage;

(4) Name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state;

(5) For seeds that germinate below the standard last established by the department under this chapter:

(a) Percentage of germination, exclusive of hard seed;

(b) Percentage of hard seed, if present; and

(6) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container.

NEW SECTION. Sec. 7. In addition to the requirements of sections 2, 3, and 5 of this act, vegetable seeds in containers other than packets prepared for use in home gardens or household plantings and other than preplanted containers, mats, tapes, or other planting devices, shall include on the label the following information:

(1) The name of each kind and variety present in excess of five percent and the percentage by weight of each in order of its predominance;

(2) Lot number or other lot identification;

(3) For each named vegetable seed:

(a) Percentage germination exclusive of hard seed;

(b) Percentage of hard seed, if present; and

(4) Name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state;

(5) The labeling requirements for vegetable seeds in containers of more than one pound shall be deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser.

NEW SECTION. Sec. 8. In addition to the requirements of section 2 of this act, flower seeds in packets prepared for use in home gardens or household plantings or flower seeds in preplanted containers, mats, tapes, or other planting devices shall include on the label the following information:

(1) For all kinds of flower seeds:

(a) The name of the kind and variety or a statement of type and performance characteristics as prescribed in the rules adopted under this chapter;

(b) The calendar month and year the seed was tested or the year for which the seed was packaged; and

(c) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state.

(2) For seeds for which standard testing procedures are prescribed by rule and that germinate below the germination standard established under this chapter:

(a) Percentage of germination exclusive of hard seeds; and

(b) The words "below standard" in not smaller than eight-point type.

(3) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container.

NEW SECTION. Sec. 9. In addition to the requirements of section 2 of this act, flower seeds in containers other than packets prepared for use in home flower gardens or household plantings and other than preplanted containers, mats, tapes, or other planting devices shall include on the label the following information:

(1) The name of the kind and variety or a statement of type and performance characteristics as prescribed in rules adopted under this chapter;

(2) The lot number or other lot identification;

(3) The calendar month and year that the seed was tested or the year for which the seed was packaged;

(4) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state; and

(5) For those kinds of seed for which standard testing procedures are prescribed in rule:

(a) Percentage germination exclusive of hard seed; and

(b) Percentage of hard seed, if present.

NEW SECTION. Sec. 10. In addition to the requirements of sections 2 and 5 through 7 of this act, agricultural and vegetable hybrid seed that contain less than ninety-five percent hybrid seed shall include on the label the following information:

(1) Kind or variety must be labeled as "hybrid";

(2) The percent that is hybrid shall be labeled parenthetically in direct association following named variety, for example, Comet (eighty-five percent hybrid);

(3) Varieties in which the pure seed contain less than seventy-five percent hybrid seed shall not be labeled hybrids.

NEW SECTION. Sec. 11. For agricultural, vegetable, or flower seed label requirements, the department, by rule, may provide that a label show an expiration date in lieu of:

(1) The calendar month and year of a germination test or pure live seed test; or

(2) The year for which the seed was packaged.

NEW SECTION. Sec. 12. (1) It is unlawful for any person to sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, or flower seeds within this state unless the test to determine the percentage of germination required by sections 2 through 11 of this act has been completed within a fifteen-month period, or thirty-six months for agricultural or vegetable seeds packaged in hermetically-sealed containers exclusive of the calendar month in which the test was completed, immediately before sale, exposure for sale, or offering for sale or transportation. If seeds in hermetically-sealed containers are sold, exposed for sale, or offered for sale or transportation more than thirty-six months after the last day of the month in which they were tested before packaging, they shall have been retested within a nine-month period, exclusive of the calendar month in which the retest was completed, immediately before sale, exposure for sale, or offering for sale or transportation.

(2) It is unlawful for any person to sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, or flower seed within this state not labeled in accordance with this chapter or having false or misleading labeling or for which there has been false or misleading advertisement.

(3) It is unlawful for any person to sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, or flower seed within this state that contains restricted noxious weed seeds per pound in excess of the number prescribed by rules adopted under Title 17 RCW.

(4) It is unlawful to represent seed to be certified unless it has been determined by a seed certifying agency that such seed conformed to standards of purity and identity or variety in compliance with the rules adopted under this chapter.

(5) It is unlawful to attach any tags of similar size and format to the official certification tag that could be mistaken for the official certification tag.

(6) It is unlawful for any person to sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, or flower seed within this state labeled with a variety name but not certified by an official seed certifying agency when it is a variety for which a United States certification of plant variety protection under the plant variety protection act (7 U.S.C. 2321 et seq.) specifies sale only as a class of certified seed: PROVIDED, That seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owner of the variety.

(7) It is unlawful for any person within this state:

(a) To detach, alter, deface, or destroy any label required by this chapter or its implementing rules or to alter or substitute seed in a manner that may defeat the purpose of this chapter;

(b) To disseminate any false or misleading advertisements concerning seeds subject to this chapter in any manner or by any means;

(d) To fail to comply with a "stop sale" order or to move or otherwise to handle or dispose of any lot of seed held under a "stop sale" order or tags attached thereto, except with express permission of the enforcing officer, and for the purpose specified thereby;

(e) To use the word "trace" as a substitute for any statement that is required; and

(f) To use the word "type" in any labeling in connection with the name of any agricultural seed variety.

NEW SECTION. Sec. 13. (1) The provisions of sections 2 through 12 of this act do not apply:

(a) To seed or grain not intended for sowing purposes;

(b) To seed in storage by, or being transported or consigned to a cleaning establishment for conditioning if the invoice or labeling accompanying the shipment of such seed bears the statement "seeds for conditioning" and if any labeling or other representation that may be made with respect to the uncleaned seed is subject to this chapter; or

(c) To any carrier with respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier if the carrier is not engaged in producing, conditioning, or marketing seeds subject to this chapter;

(2) No person may be subject to the penalties of this chapter for having sold or offered for sale seeds subject to this chapter that were incorrectly labeled or represented as to kind, species, variety, or type, which seeds cannot be identified by examination thereof, unless he or she has failed to obtain an invoice, genuine grower's declaration or other labeling information and to take such other precautions as may be reasonable to ensure the identity to be that stated. A genuine grower's declaration of variety shall affirm that the grower holds records of proof concerning parent seed, such as invoice and labels.

NEW SECTION. Sec. 14. (1) When any buyer is damaged by the failure of agricultural or vegetable seed to produce or perform as represented by the label attached to such seed, within ten days after the defect or violation becomes apparent, the buyer shall make and file a sworn complaint with the department against the distributor alleging damages sustained. A copy of the complaint shall be sent to the distributor by United States registered mail. The requirements for filing the complaint shall appear legibly typed or printed on the analysis label attached to the package containing the seed at the time of purchase by the buyer. A filing fee of ten dollars shall be paid to the department with each complaint filed and shall be recovered from the distributor upon the recommendations of the arbitration committee. Within five days after receipt of a copy of complaint, the distributor shall file with the department, by United States registered mail, the distributor's answer to the complaint. Any seed distributor against whom a complaint is filed by a buyer who alleges that he or she has been damaged by the failure of seed purchased from a seed distributor to perform as labeled may request an investigation by the arbitration committee.

(2) The department shall refer the complaint and the answer thereto to the arbitration committee pursuant to section 15 of this act for investigation, findings, and recommendation.

NEW SECTION. Sec. 15. (1) When a buyer is damaged by the failure of any agricultural or vegetable seed for planting to produce or perform as represented by the label or tag required to be attached to such seed under sections 2 through 11 of this act, or by warranty, or as a result of negligence, as a prerequisite to the buyer's right to maintain a legal action against the dealer or any other seller of such seed, the buyer shall first submit the claim to arbitration as required by this chapter. Any statutory period of limitations with respect to such claim shall be tolled until ten days after the filing of the report of arbitration with the director as provided in section 16 (2)(d) of this act.

No such claim may be asserted as a counterclaim or defense in any action brought by a distributor against a buyer until the buyer has submitted a claim to arbitration as provided in this chapter. Upon the buyer's filing of a written notice of intention to assert such a claim as a counterclaim or defense in the action, accompanied by a copy of the buyer's complaint in arbitration filed under section 16(2)(a) of this act, the action shall be stayed, and any applicable statute of limitations shall be suspended with respect to such claim until ten days after the filing of the report of arbitration with the director as provided in section 16(2)(d) of this act.

(2) Conspicuous language calling attention to the requirement for arbitration under this section shall be referenced or included on the analysis label required under sections 2 through 11 of this act.

(3) (a) The report of arbitration shall be binding upon all parties if they have so agreed in any contract governing the sale of the seed.

(b) In the absence of an agreement to be bound by arbitration, a buyer may commence legal proceedings against a distributor or assert such claim as a counterclaim or defense in any action brought by the dealer or other seller at any time after the receipt of the report of arbitration.

(c) In any litigation involving a complaint that has been the subject of arbitration under this section, any party may introduce the report of arbitration as evidence of the facts found in the report, and the court may give such weight to the arbitration committee's findings and conclusions of law and recommendations as to damages and costs as the court may see fit based upon all the evidence before it. The court may also take into account any finding of the arbitration committee with respect to the failure of any party to cooperate in the arbitration proceedings, including any finding as to the effect of delay in filing the arbitration claim upon the arbitration committee's ability to determine the facts of the case.

NEW SECTION. Sec. 16. (1) The director shall appoint an arbitration committee composed of five members and five alternative members. One member and one alternative shall be appointed upon the recommendation of each of the following:

(a) The dean of the college of agriculture and home economics at Washington State University;

(b) The director of the agricultural research center at Washington State University;

(c) The president of the Washington North Idaho seedsmen's association or if there is no such association, then a seedsman residing in this state who is designated the president of the American seed trade association;

(d) The president of an agriculture organization of this state as the director may determine to be appropriate; and

(e) The director.

(2) Each alternate member shall serve only in the absence of the member for whom the person is an alternate.

(3) The committee shall elect a chairman and a secretary from its membership. The chairman shall conduct meetings and deliberations of the committee and direct all of its other activities. The secretary shall keep accurate records of all such meetings and deliberations and perform such other duties for the commission as the chairman may direct.

(4) The purpose of the committee is to conduct arbitration as provided in this section. The committee may be called into session by or at the direction of the director or upon direction of its chairman to consider matters referred to it by the director or such chairman in accordance with this section.

NEW SECTION. Sec. 17. (1) A buyer may invoke arbitration by filing a sworn complaint with the director together with a filing fee of ten dollars. The buyer shall serve a copy of the complaint upon the seller by certified mail. Except in case of seed that has not been planted, the claim shall be filed within such time as to permit effective inspection of the plants under field conditions.

(2) Within five days after receipt of a copy of the complaint, the seller shall file with the director an answer to the complaint and serve a copy of the answer upon the buyer by certified mail.

(3) The director shall refer the complaint and answer to the committee for investigation, findings, and recommendations.

(4) Upon referral of a complaint for investigation, the committee shall make a prompt and full investigation of the matters complained of and report its findings and recommendations to the director within sixty days of such referral or such later date as parties may determine.

(5) The report of the committee shall include findings of fact, conclusions of law, and recommendations as to costs, if any.

(6) In the course of its investigation, the committee or any of its members may examine the buyer and the distributor on all matters that the committee may consider relevant; may grow to production a representative sample of the seed through the facilities of the director or a designated university under the director's supervision if considered necessary; and may hold informal hearings at such time and place as the committee chairman may direct upon reasonable notice to all parties.

(7) The committee may delegate all or any part of any investigation to one or more of its members. The findings of any such delegated investigation shall be summarized in writing and considered by the committee in its report.

(8) The members of the committee shall receive no compensation for performing their duties but shall be reimbursed for travel expenses by the buyer and distributor.

(9) After the committee has made its report the director shall promptly transmit the report by certified mail to all parties.

Sec. 18. Section 1, chapter 83, Laws of 1961 as amended by section 19, chapter 3, Laws of 1983 and RCW 15.14.010 are each amended to read as follows:

For the purpose of this chapter:

(1) "Department" means the department of agriculture of the state of Washington.

(2) "Director" means the director of the department or his duly appointed representative.

(3) "Person" means a natural person, individual, or firm, partnership, corporation, company, society and association and every officer, agent or employee thereof. This term shall import either the singular or plural, as the case may be.

(4) "Plant pests" means, but is not limited to, any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses or any organisms similar to or allied with any of the foregoing, or any infectious substance, which can directly or indirectly injure or cause disease or damage to any plant or parts thereof, or any processed, manufactured, or other products of plants.

(5) "Plant propagating stock" hereinafter referred to as "planting stock" includes any propagating materials used for the production or processing of horticultural, floricultural, viticultural or olericultural plants for the purpose of being sold, offered for sale or exposed for sale for planting or reproduction purposes: PROVIDED, That it shall not include agricultural and vegetable seeds as defined in ((~~RCW 15.49.050 and 15.49.060~~)) section 1 of this 1988 act.

(6) "Certified plant stock" means the progeny of foundation, registered or certified plant stock if designated foundation and plant propagating materials that are so handled as to maintain satisfactory genetic identity and purity and have met certification standards required by this chapter and have been approved and certified by the director.

(7) "Foundation planting stock" means plant stock propagating materials that are increased from breeder or designated plant stock and are so handled as to most nearly maintain specific genetic identity and purity. Foundation plant stock, established by designation shall be that plant stock so designated by the director.

(8) "Breeder planting stock" means plant propagating materials directly controlled by the originating or in certain cases the sponsoring plant breeder or institution, which may include the department and which provides the source of the foundation plant stock.

(9) "Registered planting stock" means the progeny of foundation or registered planting stock or plant propagating material that is so handled as to maintain satisfactory genetic identity and purity and that has been approved and certified by the director. This class of planting stock shall be of a quality suitable for the production of certified planting stock.

NEW SECTION. Sec. 19. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 63, Laws of 1969 and RCW 15.49.010;

(2) Section 2, chapter 63, Laws of 1969 and RCW 15.49.020;

(3) Section 3, chapter 63, Laws of 1969 and RCW 15.49.030;

(4) Section 23, chapter 182, Laws of 1982 and RCW 15.49.035;

(5) Section 4, chapter 63, Laws of 1969 and RCW 15.49.040;

(6) Section 5, chapter 63, Laws of 1969 and RCW 15.49.050;

(7) Section 6, chapter 63, Laws of 1969 and RCW 15.49.060;

(8) Section 7, chapter 63, Laws of 1969 and RCW 15.49.070;

(9) Section 8, chapter 63, Laws of 1969 and RCW 15.49.080;

(10) Section 9, chapter 63, Laws of 1969 and RCW 15.49.090;

(11) Section 10, chapter 63, Laws of 1969 and RCW 15.49.100;

(12) Section 11, chapter 63, Laws of 1969 and RCW 15.49.110;

(13) Section 12, chapter 63, Laws of 1969 and RCW 15.49.120;

(14) Section 13, chapter 63, Laws of 1969 and RCW 15.49.130;

(15) Section 14, chapter 63, Laws of 1969 and RCW 15.49.140;

(16) Section 15, chapter 63, Laws of 1969 and RCW 15.49.150;

(17) Section 16, chapter 63, Laws of 1969 and RCW 15.49.160;

(18) Section 17, chapter 63, Laws of 1969 and RCW 15.49.170;

(19) Section 18, chapter 63, Laws of 1969 and RCW 15.49.180;

(20) Section 19, chapter 63, Laws of 1969 and RCW 15.49.190;

(21) Section 20, chapter 63, Laws of 1969 and RCW 15.49.200;

(22) Section 21, chapter 63, Laws of 1969 and RCW 15.49.210;

(23) Section 22, chapter 63, Laws of 1969, section 6, chapter 297, Laws of 1981 and RCW 15.49.220;

(24) Section 23, chapter 63, Laws of 1969 and RCW 15.49.230;

(25) Section 24, chapter 63, Laws of 1969 and RCW 15.49.240;

(26) Section 25, chapter 63, Laws of 1969, section 2, chapter 26, Laws of 1977 ex. sess. and RCW 15.49.250;

(27) Section 26, chapter 63, Laws of 1969 and RCW 15.49.260;

(28) Section 27, chapter 63, Laws of 1969 and RCW 15.49.270;

(29) Section 28, chapter 63, Laws of 1969, section 7, chapter 297, Laws of 1981 and RCW 15.49.280;

(30) Section 29, chapter 63, Laws of 1969, section 8, chapter 297, Laws of 1981 and RCW 15.49.290;

(31) Section 30, chapter 63, Laws of 1969 and RCW 15.49.300;

(32) Section 32, chapter 63, Laws of 1969, section 10, chapter 297, Laws of 1981 and RCW 15.49.320; and

(33) Section 34, chapter 63, Laws of 1969, section 3, chapter 26, Laws of 1977 ex. sess., section 12, chapter 297, Laws of 1981 and RCW 15.49.340.

NEW SECTION. Sec. 20. Sections 1 through 17 of this act are each added to chapter 15.49 RCW.

NEW SECTION. Sec. 21. This act shall take effect January 1, 1989.

NEW SECTION. Sec. 22. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.