WSR 06-11-148

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 23, 2006, 4:20 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-06-111.

Title of Rule and Other Identifying Information: WAC 16-302-385 Grass seed standards for 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 modify the current grass certification standards to include the requirement that blue fescue be subjected to an ammonia test as part of the certification criteria. This will have the effect of screening certified seed lots for other contaminating fescue species whose seeds are visibly indistinguishable from the sample being tested during the physical purity analysis.

Reasons Supporting Proposal: Blue fescue is an increasingly prevalent grass seed crop for Washington producers. This proposal will ensure that seed lots contain no more than the amount allowed according to the certification standards of other fine-leaved fescue species that can only be identified using the ammonia test. This proposal will align Washington seed certification standards with other state's standards, thus facilitating the marketing of Washington produced seed.

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: Larry Falk, Agronomist for Seed Research of Oregon, private.

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 increased cost to seed producers or seed conditioners. The ammonia test is a test that is routinely run on all fine-leaved fescue seed lots. This test can screen for contaminates that are not otherwise visually detectable. There are no new reporting or compliance requirements in this proposal. Considering this fact there is no increased cost imposed on the seed industry and therefore, a small business economic impact statement was not prepared.

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-8730.1


AMENDATORY SECTION(Amending WSR 04-08-044, filed 3/31/04, effective 5/1/04)

WAC 16-302-385   Grass seed standards for certification.   The seed standards for grass shall be as follows:


SEED STANDARDS

CROP AND TYPE OF

REPRODUCTION AS PER

WAC 16-302-330

MINIMUM % GERM (d)(n) MINIMUM % PURE MAXIMUM % INERT MAXIMUM % WEEDS (b) MAXIMUM % OTHER CROPS MAXIMUM SEEDS OF OTHER CROP GRASS SPECIES
FNDT. REG. CERT. FNDT. REG. CERT. FNDT. REG. CERT. FNDT. REG. CERT. FNDT. (i) REG. (i) CERT. (a) FNDT. SEEDS/

LB.

REG. SEEDS/

LB.

CERT. %
BLUEGRASS

Big

Canby

Kentucky

Canada, Upland

(A)

(A)

(A)

(A)

70

70

80

80

70

70

80

80

90

90

97

96

90

90

97

92

10

10

3

4

10

10

3

8

.05

.05

.05

.05

.3

.3

.3

.3

.1

.1

.1

.1

.5

.5

.5

.5

45 /lb.

45 /lb.

45 /lb.

45 /lb.

454 /lb.

454 /lb.

454 /lb.

907 /lb.

.25

.25

.25

.25

BROMEGRASS

Smooth & Meadow

Mountain & Sweet

(C) (C)

80

85

85

85

95

95

95

95

5

5

5

5

.05

.3

.3 (c)

.3 (c)

.1

.1

.5

1.0

9 /lb.

9 /lb.

91 /lb.

91 /lb.

.25

.25

DEERTONGUE (C) 50 50 97 95 3 5 .50 .5 (c) 1.0 1.0 1%
FESCUE

Tall & Meadow

Blue, Hard &

Sheep (m)

Turf Type (o)

Reclamation/Range

Type

Chewings Red,

Idaho and other

Fescue

(C)

(C)

(C)

80

80

80

80

85

85

85

90

95

95

95

95

97

97

92

97

5

5

5

5

3

3

8

3

.03

.03

.03

.03

.3 (c)

.3 (c)

.3 (c)

.3 (c)

.1

.1

.1

.1

.5

.5

.5

.5

18 /lb.

9 /lb.

9 /lb.

9 /lb.

91 /lb.

45 /lb.

45 /lb.

45 /lb.

.25

.25

.25

.25

ORCHARDGRASS (C) 80 85

80 for

85

penlate

90

& latar

15

10 .03 .3 (c) .1 .5 27 /lb. 91/lb. .25
RYEGRASS

Pennfine

(C)

85

80

90 (l)

85

96 (k)

96 (k)

97 (k)

97 (k)

4

4

3

3

.1

.1

.3 (c)

.3 (c)

.1

.1

.5

.5

9 /lb.

9 /lb.

45 /lb.

45 /lb.

.25

.25

TIMOTHY 80 85 97 97 3 3 .1 .3 .1 .5 9 /lb. 45 /lb. .25
WHEATGRASS (n)

Beardless

Bluebunch

Intermediate, Tall

Pubescent

Western, R/S

Streambank,

Thickspike

Slender

Crested & Siberian

(C)

(C) (C) (C)

(C)

(S)

(C)

80

80

80

80

80

80

80

85

85

85

85

85

85

85

90

90

95

95

90

90

90

90

90

95

95

90

95

95

10

10

5

5

10

10

10

10

10

5

5

10

5

5

.1

.1

.1

.1

.1

.1

.1

.3 (c)

.3 (c)

.3 (c)

.3 (c)

.3 (c)

.3 (c)

.3 (c)

.1 (e)

.1 (e)

.1 (e)

.1 (e)

.1 (e)

.1 (e)

.1 (e)

.5 (e)

.5 (e)

.5 (e)

.5 (e)

.5 (e)(p)

.5 (e)

.5 (e)

9 /lb.

9 /lb.

9 /lb.

9 /lb.

9 /lb.

9 /lb.

9 /lb.

45 /lb.

45 /lb.

45 /lb.

45 /lb.

45 /lb.

45 /lb.

45 /lb.

.25

.25

.25

.25

.25(p)

.25

.25

INDIAN

RICEGRASS

(S)

80 (j)

80 (j)

95

90

5

10

.3

.5

.5

1.0

9 /lb.

45 /lb.

.25

PUCCINELLIA (n)

distans

(C)

80

80

90

95

5

5

.3

.5

.5

1.0

45 /lb.

454 /lb.

.25

WILDRYE (n) (C) 80 80 90 90 10 10 .1 .3 (c) .1 .5 9 /lb. 45 /lb. .25
BENTGRASS (C) 85 85 98 98 2 2 .3 .4 (f) (g) .2 .6 (h)
REDTOP (C) 80 80 92 92 8 8 .3 .5 (f) .5 .2
Ann.

CANARYGRASS

GREEN (n)

NEEDLEGRASS

SWITCHGRASS

(C)

(C)

(C)

85

80

60

85

80

60

99

80

90

99

80

90

1

20

10

1

20

10

.1

.1

.5

.3

.3 (c)

1.5

1/lb.

.1

.1

3/lb.

.5

.25

-

-

-


The following (a) - (o) are notes to the above table.

(a) Not to exceed .25% other grass species for blue tag seed.
(b) Grass seed must not contain more than 45/lb. for registered seed 91/lb. for certified seed, singly or collectively, of objectionable weed seeds. (See (f) of this subsection for certified bentgrass and redtop exemption.) Grass seed shall be free of the seed of prohibited noxious weeds.
(c) A tolerance of 0.5% may be allowed for samples containing weedy bromus spp provided the total of all other weed seeds does not exceed 0.3%.
(d) A standard tetrazolium (two hundred seed) test may be used in lieu of germination test. NOTE: State and federal seed laws require seed be labeled on a germination test.
(e) A tolerance of 0.8% may be allowed in registered and certified wheatgrass containing small grain seed provided the total of all other crop seed does not exceed 0.1% for registered class and 0.5% for certified class.
(f) Certified seed must not contain over 907 seeds per pound, singly or collectively, of the following weeds: Plantago spp., Big Mouse-ear Chickweed, Yarrow, Spotted Cat's Ear, and Dandelion.
(g) A maximum of .50% weed seed may be allowed in certified bentgrass containing silver hairgrass provided the total of all other weed seed does not exceed .40%.
(h) 1.50% other fine bentgrasses and .50% redtop may be allowed in certified bentgrass containing a minimum of 98.00% total bentgrass.
(i) A crop exam is required for all registered and foundation class grass seeds.
(j) Or 70% by Tz test.
(k) Maximum other ryegrass allowed as determined by fluorescence test: Foundation 0.1%, registered 1%, certified 2% for annual and 3% for perennial containing a minimum of 97% total ryegrass. Acceptable fluorescence levels for specific varieties available upon request.
(l) 85% minimum germination allowed on ryegrass varieties as designated by the breeder or variety owner. See list maintained by the seed program.
(m) An ammonia test is required on hard, blue and sheep fescue to determine presence of other Fescue sp. Other fine-leaved fescue found in the ammonia test will be included with other crop not other grass species.
(n) Total viability as allowed in WAC 16-302-170 can be substituted for germination percentage.
(o) Turf type fescues 97% pure seed. Range/reclamation types 92% pure seed. Varietal designation of turf or range/reclamation types are to be made by the breeder or variety owner. If no designation is made, the variety will be considered a turf type.
(p) 10% slender wheatgrass is allowed in the certified class of Critana, provided that the total of all other grass spp. does not exceed .25% and total other crop, including all other grass spp. does not exceed .50%.

[Statutory Authority: RCW 15.49.310, 15.49.370(3) and chapter 34.05 RCW. 04-08-044, 16-302-385, filed 3/31/04, effective 5/1/04. Statutory Authority: Chapters 15.49 and 34.05 RCW. 03-18-072, 16-302-385, filed 8/29/03, effective 9/29/03; 02-12-060, 16-302-385, filed 5/30/02, effective 6/30/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, 16-302-385, filed 12/4/00, effective 1/4/01.]

Washington State Code Reviser's Office