WSR 06-11-146

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 23, 2006, 4:16 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-06-108.

Title of Rule and Other Identifying Information: WAC 16-302-480 Field standards for rapeseed certification.

Hearing Location(s): Washington State Department of Agriculture, 21 North 1st Avenue, Yakima, WA 98902, on June 29, 2006, at 11:00 a.m.

Date of Intended Adoption: July 19, 2006.

Submit Written Comments to: Dannie McQueen, P.O. Box 42560, Olympia, WA 98504-2560, e-mail dmcqueen@agr.wa.gov, fax (360) 902-2085, by 5 p.m., on June 29, 2006.

Assistance for Persons with Disabilities: Contact the agency receptionist by calling TTY (360) 902-1996 or (360) 902-1976.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule is to increase the isolation distances for rapeseed seed fields from other crucifer species that are possible sources of pollen contamination to ensure varietal integrity under the seed certification program.

Reasons Supporting Proposal: These changes are in anticipation of the increased production of crucifer crops for biofuels. With the increased acreage it will be important to have increased isolation for certified seed production to ensure that rapeseed seed fields are protected from potential pollen contamination. This will help the seed producers of Washington meet the growing demand of providing seed stock to the biofuel producers.

Statutory Authority for Adoption: RCW 15.49.310 and chapter 34.05 RCW.

Statute Being Implemented: RCW 15.49.310.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington department of agriculture, Tony Herrman - Monsanto and Bill Wirth - Precision Seed Company, private and governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Victor Shaul, Operations Manager, Yakima, (509) 225-2630; and Enforcement: Fawad Shah, Program Manager, Yakima, (509) 225-2636.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule has no financial impact on producers. This rule has no new regulatory or reporting requirements. The current certification standards already have an isolation component that requires producers to comply with. This will not change with this rule. This rule will have the impact of providing a protection mechanism for seed producers, thus providing a favorable environment for seed production. In consideration of these facts the Washington state department of agriculture concludes that this proposal does not impose "more than a minor" cost to the seed industry and therefore a small business economic impact statement is not required according to RCW 19.85.030 (1)(a).

A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed [agency] in RCW 34.05.328 (5)(a)(i).

May 23, 2006

Robert W. Gore

Assistant Director

OTS-8732.1


AMENDATORY SECTION(Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)

WAC 16-302-480   Field standards for rapeseed certification.   Field standards for the production of rapeseed are as follows:

(1) A portion of a rapeseed field may be certified if the area to be certified is clearly defined.

(2) A field producing foundation, registered or certified rapeseed, also known as Canola (Brassica napus), must be the minimum specified isolation distance from fields of any other variety ((or)) of Brassica napus, from fields of the same variety that do not meet the varietal purity requirements for certification, as ((given)) well as from fields of Brassica rapa, Brassica oleracea, and Brassica juncea as indicated in the following table:


Class

Fields of Cross Pollinated Varieties Including Hybrids Fields of Self Pollinated Varieties
Foundation ((1,320 feet)) 1 mile 660 feet
Registered ((1,320 feet)) 1 mile 660 feet
Certified ((660 feet)) 1 mile 330 feet
Different class of same variety 165 feet 165 feet

These isolation distances are minimum and must be met in all cases. ((When isolating fields of different usage kinds, i.e., industrial type from edible type, it is recommended that distances of three miles for foundation and registered, and two miles for certified be used.))

(3) Volunteer plants may be cause for rejection or reclassification of a rapeseed field.

(4) Specific standards for rapeseed are:


Maximum permitted in each class
Factor Foundation Registered Certified
Other varieties* None found1 None found1 1.00%

* Other varieties are considered to include Brassica rapa, Brassica oleracea, Brassica juncea, off-type plants of Brassica napus and plants that can be differentiated from the variety being inspected.
1 None found means none found during the normal inspection procedures. None found is not a guarantee to mean the field inspected is free of the factor.

(5) Inspection will be made by the certifying agency when the crop is in the early flowering stage.

[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, 16-302-480, filed 12/4/00, effective 1/4/01.]

Washington State Code Reviser's Office