WSR 06-15-136

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed July 19, 2006, 11:20 a.m. , effective August 19, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: This rule increases the isolation distances for rapeseed fields from fields of other rapeseed varieties and from fields of other crucifer species that can cross pollinate with rapeseed.

Citation of Existing Rules Affected by this Order: Amending WAC 16-302-480.

Statutory Authority for Adoption: RCW 15.49.310.

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 06-11-146 on May 23, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 19, 2006.

Robert W. Gore

for Valoria Loveland

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