(1) Seed certification in Washington state is conducted under the authority of chapter 15.49 RCW. The department conducts seed certification in cooperation with the Washington State Crop Improvement Association, Washington State University and the Association of Official Seed Certifying Agencies.

(2) The Washington State Crop Improvement Association is designated to assist the department in the certification of certain agricultural seeds. A memorandum of understanding between the department and the Washington State Crop Improvement Association designates the Washington State Crop Improvement Association to act as the director's duly authorized agent for the purpose of certifying seed of buckwheat, chickpeas, field peas, lentils, millet, soybeans, small grain, sorghum and forest trees, including conditioning plant inspections for these crops.

(3) The department's seed program certifies seed other than buckwheat, chickpeas, field peas, lentils, millet, soybeans, small grain, sorghum and forest trees.