WSR 17-05-113
PROPOSED RULES
DEPARTMENT OF AGRICULTURE
[Filed February 15, 2017, 11:51 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-12-105.
Title of Rule and Other Identifying Information: Chapter 16-302 WAC, General rules for seed certification; and chapter 16-303 WAC, Seed assessment, fees for seed services and seed certification. The department is proposing to adopt rules regarding certification of industrial hemp seed pursuant to RCW 15.120.030(3).
Hearing Location(s): Washington State Department of Agriculture, 21 North First Avenue, Conference Room 238, Yakima, WA 98902, on March 22, 2017, at 11:00 a.m., and at the Washington State Department of Agriculture, 1111 Washington Street S.E., Conference Room 259, Olympia, WA 98504-2560, on March 24, 2017, at 10:00 a.m.
Date of Intended Adoption: April 5, 2017.
Submit Written Comments to: Henri Gonzales, Agency Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, email wsdarulescomments@agr.wa.gov, fax (360) 902-2094, by March 24, 2017.
Assistance for Persons with Disabilities: Contact agency receptionist by March 15, 2017, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments modify the existing seed certification rules to include industrial hemp by establishing the requirements, standards, and fees for participation in the voluntary industrial hemp seed certification program. The voluntary program provides a value-added service to potential industrial hemp seed growers. Growers who choose to join the program may increase their profit potential by increasing the value of the industrial hemp seed produced. Certified seed demands higher prices than noncertified seed. Seed certification is an effective means of ensuring genetic purity and identity. The quality of seed can affect crop production and quality. Industrial hemp growers will rely on certified seed to minimize the risks associated with noncertified seed.
Reasons Supporting Proposal: During the 2016 legislative session, the legislature passed ESSB 6206 (codified as chapter 15.120 RCW). This bill required the department to adopt rules establishing an industrial hemp research program to determine the feasibility and desirability of industrial hemp production in Washington state. The bill further required the department to supervise the program through licensure and seed certification.
Statutory Authority for Adoption: RCW 15.120.030(3), 15.49.021, 15.49.310, and chapter 34.05 RCW.
Statute Being Implemented: Chapter 15.120 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state department of agriculture, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Victor Shaul, 21 North First Avenue, Yakima, WA 98902, (509) 249-6950.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Small Business Economic Impact Statement
These amendments establish the requirements, standards, and fees for industrial hemp seed certification.
SECTION 1: Describe the proposed rule, including: A brief history of the issue; an explanation of why the proposed rule is needed; and a brief description of the probable compliance requirements and the kinds of professional services that a small business is likely to need in order to comply with the proposed rule.
During the 2016 legislative session, the legislature passed ESSB 6206 (codified as chapter 15.120 RCW). This bill required the department to adopt rules establishing an industrial hemp research program to determine the feasibility and desirability of industrial hemp production in Washington state. The bill further required the agency to supervise the program through licensure and seed certification. The legislature authorized the growing of industrial hemp as a legal, agricultural activity in this state solely as part of an agricultural pilot program. Industrial hemp may not be grown, produced, possessed, processed, or exchanged in the state except as part of the industrial hemp research program. The legislature has not authorized any commercial activity for industrial hemp.
Industrial hemp is a variety of the plant species Cannabis. Its tetrahydrocannabinol (THC) concentration is restricted to 0.3 percent or less by dry weight. Industrial hemp has many uses due to its fiber length, strength, durability, absorbency, antimildew, and antimicrobial properties. Some of these uses include cordage, clothing, mulch, animal bedding, biofuels, and plastics. Industrial hemp fiber has been used extensively throughout history for paper and rope.
The rule development of the industrial hemp research program is broken down into two components. One component includes establishing the requirements for participation in the research program. The other component includes establishing the requirements for growing certified industrial hemp seed. This small business economic impact statement (SBEIS) focuses on the requirements related to growing certified industrial hemp seed. Separate rule making will be conducted regarding establishing the requirements for the overarching research program.
RCW 15.120.030(3) states, "The department may adopt rules for administration of an industrial hemp seed certification program pursuant to chapter 15.49 RCW." The proposed amendments modify the existing seed certification rules to include industrial hemp by establishing the requirements, standards, and fees for participation in the industrial hemp seed certification program. The voluntary program provides a value-added service to potential industrial hemp seed growers. Growers who choose to join the program may increase their profit potential by increasing the value of the industrial hemp seed produced. Certified seed demands higher prices than noncertified seed. Seed certification is an effective means of ensuring genetic purity and varietal identity. The quality of seed used in planting can affect crop production and quality. Industrial hemp growers will rely on certified seed to minimize the risks associated with noncertified seed. Since importation of certified industrial hemp seed has significant federal oversight and paperwork requirements, Washington state growers of industrial hemp will benefit if they can obtain certified industrial hemp seed from growers within the state.  
The purpose of seed certification is to preserve genetic purity and varietal identity. In order for someone to grow industrial hemp seed, they have to be licensed under the industrial hemp research program. The costs associated with the overarching research program will be analyzed as part of the SBEIS that will be completed when the department conducts rule making in the near future establishing in rule the requirements for the research program.
Chapter 15.120 RCW directs the program to set application fees for research licensing and for the supporting seed certification of industrial hemp. Participation in the research on industrial hemp is voluntary; however, businesses wishing to volunteer will be required to comply with the application, licensing, and seed certification fees associated with participation in the program.
Fees established by rule are necessary to recover the costs associated with implementation of the new seed certification component of the program. The legislature granted the industrial hemp research program a moderate budget to begin the program with the expectation that user-fees will sustain the program in the future: "The department's authority to implement this [industrial hemp seed certification] program incorporates the department's authority related to seed certification, inspection, fee setting, and enforcement under chapter 15.49 RCW."
Probable compliance requirements include: Paying fees for inspection, sampling, and testing; purchasing seed; and maintaining the farming environment to include costs associated with water, fertilizers, pesticides and herbicides, labor for maintaining weed control, etc. The rules do not expressly or impliedly require that participants retain any external professional services. Any participant growing industrial hemp seeds for certification purposes will be making its own business decisions about acquiring the knowledge and expertise necessary to successfully conduct that enterprise.
SECTION 2: Identify which businesses are required to comply with the proposed rule using the North American Industry Classification System (NAICS) codes and what the minor cost thresholds are.
Table A:
NAICS Code (4, 5 or 6 digit)
NAICS Business Description
# of businesses in WA
Minor Cost Threshold =
1% of Average Annual Payroll
Minor Cost Threshold =
.3% of Average Annual Receipts
11199
All Other Crop Farming
0
 
 
No NAICS code is specifically assigned to industrial hemp farming, nor industrial hemp certified seed production. There are currently no legally established industrial hemp businesses operating within the state.
SECTION 3: Analyze the probable cost of compliance. Identify the probable costs to comply with the proposed rule, including: Cost of equipment, supplies, labor, professional services and increased administrative costs; and whether compliance with the proposed rule will cause businesses to lose sales or revenue.
Below is the anticipated costs associated with growing certified industrial hemp seed. Again, fees associated with the required licensure for participation in the industrial hemp research program are not captured here.
Fee Description
Cost
Application fee
Pilot Program Rules
License fee
Pilot Program Rules
THC testing
Pilot Program Rules
Seed certification field application fee (per field) 1
$32.25
Field sampling and inspection fee 2
$807.00
Travel time to/from field location
$132.00
 
 
Mileage
$107.00
 
 
Actual inspection (per field)
$ 30.00
 
 
Total per inspection:
$269.00
 
 
Note: The second column reflects the single inspection cost multiplied by 3 – certified seed requires 3 growing season inspections.
 
 
Production fee ($0.15 per tag issued; $15.00 minimum fee)
$15.00
Lab testing fees
 
$135.00
Purity
$50.00
 
 
Germination
$40.00
 
 
Tetrazolium (TZ)
$45.00
 
 
TOTAL:
$989.253
Includes costs associated with researching land use history, proof of eligibility, adequate isolation distance, etc.
2 
Analysis based on applicant's field location being 100 miles from the department's seed program headquarters in Yakima; current OFM mileage rate of $0.535 per mile; and an inspection time of 45 minutes at the current rate of $40.00 per hour.
3 
Cost analysis based on a single 1-acre field (fees will vary based on the number of fields and field size).
The seed certification field application fee is being charged to recover the cost of the department conducting land use history research, determining field eligibility, and determining if there is adequate isolation distances between the proposed industrial hemp field and other fields that can pose cross pollination problems.
The Association of Official Seed Certifying Agencies (AOSCA) establishes standardized seed certification regulations and procedures in order to promote and facilitate the movement of seed in local, national, and international markets. Based on these national standards, the department's existing seed certification rules require three growing season inspections for growers of certified seed – which is the minimum requirement established by AOSCA. The timing of the three growing season inspections required for growers of certified seed are based on the growth stage of the plants – one early season, one midseason, and one late season.
In order to decrease costs to growers of certified seed, the department hopes to combine the early season field inspection that will be required of program participants under the overarching research program with the early season inspection required for seed certification. The department also hopes to combine the late season field inspection required under the overarching research program with the late season inspection required for seed certification. That leaves only the midseason inspection that the department will be charging certified seed growers above the research inspection fees. What this means is that certified seed growers will still receive three inspections, but two of those inspections will meet the needs of both the research program and also the certified seed inspection requirements. The table above shows the costs if the certified seed inspections are not conducted at the same time as the inspections required under the research program – which is worst case scenario.
As discussed above, certified seed must meet certain standards established by the AOSCA. The department conducts laboratory testing of samples of seed to determine if the seed lot meets standards regarding purity and germination. Buyers of certified seed want to know that the seed they will be using for industrial hemp planting has been tested to demonstrate that it is not contaminated with other species of seed, soil, fungus, and live pests (purity); that it has maximum germination potential (germination); and there is no presence of sprouting and various types of harvesting and/or processing damage such as heat damage, mechanical damage, or insect damage (tetrazolium). The fees indicated in the table above are being charged to recover the cost of the department conducting the laboratory tests.
The department conducted a survey via Survey Monkey to obtain information regarding the economic impact to potential program participants. The survey was open from November 8 to December 1, 2016. One hundred forty-four responses were received. All respondents indicated they were small businesses as defined in RCW 19.85.020(3). Of the one hundred forty-four respondents to the survey, only nine indicated that they were interested in growing certified industrial hemp seed.
SECTION 4: Analyze whether the proposed rule may impose more than minor costs on businesses in the industry.
Minor costs is defined in RCW 19.85.020 as cost per business that is less than three-tenths of one percent of annual revenue or income, or one hundred dollars, whichever is greater, or one percent of annual payroll. Because there are no legally established industrial hemp businesses in Washington state, an assessment of regulatory costs on a potential licensee's annual revenue, income, or payroll would be speculative. The costs for licensed participants will exceed one hundred dollars per year based on the fee schedule outlined in section 3.
SECTION 5: Determine whether the proposed rule may have a disproportionate impact on small businesses as compared to the ten percent of businesses that are the largest businesses required to comply with the proposed rule.
There are currently no legally established industrial hemp businesses operating within the state. Based on the survey the department conducted, only respondents that are considered small businesses indicated that they are interested in participating in the program. The department does not anticipate that any large businesses will apply for participation in the program.
Costs associated with certified seed growing are based on the number of fields and acreage – smaller acreage may equal less inspection and testing fees; therefore there would not be disproportionate costs between large and small businesses with regard to the seed certification component of the research program.
SECTION 6: If the proposed rule has a disproportionate impact on small businesses, identify the steps taken to reduce the costs of the rule on small businesses. If the costs cannot be reduced provide a clear explanation of why.
Under RCW 19.85.030, the program considers the following methods of reducing the impact of the proposed rule on small businesses:
a. Reducing, modifying, or eliminating substantive regulatory requirements: The requirements for the industrial hemp research program are established in chapter 15.120 RCW and any change to the requirements will take legislative action. Seed certification requirements are established in chapter 15.49 RCW and any change to the requirements will take legislative action. Reducing, modifying, or eliminating any of the certification requirements for certified seed would mean that the seed would not meet national and international standards established by AOSCA and would affect marketability of the seed.
b. Simplifying, reducing, or eliminating recordkeeping and reporting requirements: Since seed certification is a component of the research program that is being conducted in order to obtain data regarding the viability of an industrial hemp industry in the state, and because the program will be under significant federal oversight, there is not an option to reduce recordkeeping or reporting requirements.
c. Reducing the frequency of inspections: Washington state seed certification rules require three growing season inspections - which is the minimum requirement established by AOSCA. The department hopes to combine the early season field inspection that will be required of program participants under the overarching research program with the early season inspection required for seed certification. The department may combine the late season field inspection required under the overarching research program with the late season inspection required for seed certification. Charges for the two inspections required under the research program will be analyzed under the SBEIS for that rule making.
d. Delaying compliance timetables: Delaying inspection and sampling timeframes are not an option because they are based on the growth stage of the plants.
e. Reducing or modifying fine schedules for noncompliance: The civil penalty for violations regarding certified seed is adopted by the legislature in RCW 15.49.041. Modifications to the civil penalty would require legislative action.
f. Any other mitigation techniques including those suggested by small businesses or small business advocates: Additional mitigation measures may be considered under the overarching research program rules.
SECTION 7: Describe how small businesses were involved in the development of the proposed rule.
An industrial hemp listserv was created to keep individuals, small businesses, large businesses and all stakeholders informed of the creation and rule-making process for the industrial hemp research program. The department released initial draft rules for seed certification to various stakeholders for feedback. The purpose of releasing the initial draft rules was to seek public comment before officially initiating the formal rule-making process.
The department also conducted a survey via Survey Monkey to obtain information regarding the economic impact to potential program participants. The survey was open from November 8 to December 1, 2016. One hundred forty-four responses were received.
In this way, small businesses were involved with writing the proposed rules and in providing input to the department with regards to the expected costs associated with this new research program. The ultimate goal of the legislature-mandated program fees for industrial hemp research is to set them at a level that supports the program.
SECTION 8: Identify the estimated number of jobs that will be created or lost as the result of compliance with the proposed rule.
As there are no legally established industrial hemp businesses within the state, no jobs will be lost under the creation and amendment of these rules.
The creation of the industrial hemp research program and subsequent seed certification has the potential to create some limited jobs within the state. The number of jobs created will depend on the number of applications received and licenses issued. These jobs will mainly be created in the agricultural research sector, although some jobs may be created in the marketing research sector of agricultural commodities as well. If data from the research program indicates that growing industrial hemp in Washington state is viable, then this could be the basis for future job creation. Purely commercial growing of industrial hemp seed for seed certification purposes is currently not permitted under chapter 15.120 RCW or under federal law.
A copy of the statement may be obtained by contacting Henri Gonzales, 1111 Washington Street S.E., P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1802, fax (360) 902-2094, email hgonzales@agr.wa.gov.
A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).
February 15, 2017
Jason Ferrante
Assistant Director
AMENDATORY SECTION (Amending WSR 14-20-050, filed 9/25/14, effective 10/26/14)
WAC 16-302-050 Submitting an application for seed certification.
(1) Seed certification application due dates are:
(a) For seed certified by the department: Alfalfa, clover, grasses and rapeseed (seedling applications) - Within sixty days of planting. Seedling applications will not be accepted if received more than one hundred five days after planting.
(b) Hybrid canola or hybrid rapeseed - Fall plantings February 1st; Spring plantings - Twenty-one days after planting.
(c) Sunflower twenty-one days after planting.
(d) Notification of a seedling field to be harvested for certification the same year of planting is due July 31st with the required fees.
(i) Bean - July 1st.
(ii) Corn - June 1st.
(iii) Industrial hemp - Twenty-one days after planting.
(2) For seed certified by the Washington state crop improvement association (WSCIA):
(a) Field pea, chickpea, lentil, millet, and small grains (both winter and spring varieties) - June 1st.
(b) Buckwheat and soybean - July 1st.
(c) Sorghum - July 15th.
(d) Forest tree seed certification - Refer to specific crop requirements in chapter 16-319 WAC.
(3) An application for seed certification must be submitted to the certifying agency each year a grower plans to produce seed for certification of annual crops (beans, peas, grain).
(4) A renewal application for seed certification must be submitted to the certifying agency after a stand is established each year that a grower plans to produce seed for certification of perennial crops (alfalfa, clover, grass). Due dates for renewal applications are as follows:
(a) Alfalfa and clover - June 15th.
(b) Grass - May 1st.
(5) Applications received after the due date are assessed a late application fee.
(6) No renewal application for seed certification may be accepted after the due date if a field inspection cannot be conducted prior to harvest except at the discretion of the certifying agency.
Woody Plants and ((Forbes)) Forbs Certification Standards
AMENDATORY SECTION (Amending WSR 14-20-050, filed 9/25/14, effective 10/26/14)
WAC 16-302-460 Standards for woody plants, ((Forbes)) forbs, and other reclamation species certification.
(1) The general seed certification definitions and standards in this chapter are basic and together with WAC 16-302-465 through 16-302-470 constitute the standards for woody plants and ((Forbes)) forbs certification.
(2) Fees for seed certification are assessed ((by the certifying agency)) as established in chapter 16-303 WAC.
AMENDATORY SECTION (Amending WSR 14-20-050, filed 9/25/14, effective 10/26/14)
WAC 16-302-465 Land requirements and field standards for woody plants, ((Forbes)) forbs, and other reclamation species.
(1) The life of a stand shall be unlimited as long as seventy-five percent of the plants present in the stand are those that were planted originally.
(2) To be eligible for the production of certified class of seed, a field must not have grown or been seeded to the same species during the previous four years for foundation, three years for registered, and two years for certified.
(3) A seed field inspection must be made the year of establishment and at least once each year that seed is to be harvested. This inspection will be made at a time when plant development allows for the detection of factors such as off-type varieties and weed contamination.
(4) Isolation for seed production the minimum distance from a different variety or wild hybridizing populations are as follows:
 
Minimum of isolation-feet:
 
Fields of 2 acres or less
Fields of more than 2 acres
Foundation & registered
400
200
Certified
200
100
Volunteer plants may be cause for rejection or reclassification of a seed field.
(5) Specific field tolerances:
 
Maximum ((ration)) ratio of heads or plants
Factor
Foundation
Registered
Certified
Other varieties & off type
1/1000
1/500
1/250
Other kinds
1/2000
1/1000
1/500
(Inseparable other species)
 
 
 
Prohibited noxious weeds
None found
None found
None found
AMENDATORY SECTION (Amending WSR 14-20-050, filed 9/25/14, effective 10/26/14)
WAC 16-302-470 Seed standards for woody plants, ((Forbes)) forbs, and other reclamation species.
SEED STANDARDS
Crop
Minimum % Germination
Minimum % Pure seed
Maximum % Inert
Maximum % Weeds (a)
Maximum % Other crops
 
F/R
C
F/R
C
F/R
C
F/R
C
F/R
C
Small burnet
80
80
95
95
5
5
0.10
.2
.1
.25
Purple prairie clover
60(b)
60(b)
95
95
5
5
0.20
.5
.1
.25
Bitterbrush, antelope
75
75
95
95
5
5
0.10(a)
0.20
0.40
0.15(g)
1.25
0.50(g)
Balsamroot, arrowleaf sclerotinia
85
85
99
98
1.00
0
2.00
1/lb
0.02
0.04
0.10
0.20
Saltbush, four-wing
30
30
85
85
15
15
0.25(a)
.5(a)
.40
.15(g)
1.25
.50(g)
Gallardia(d)
60
60
90
90
10
10
0.20(a)
1.00(a)
.20
.10(g)
2.00
.25(g)
Prairie blazingstar or Gayfeather, thickspike
(Liatris pycnostachya)(d)
60
60
85
80
15
20
0.30(a)
0.30(a)
0.20
0.10(g)
2.00
0.25(g)
Kochia, prostrate, forage
Restricted noxious weeds
35
35
65
65
35
35
0.10
45/lb
0.20
91/lb
9/lb
25/lb
Artemesia sage, Louisiana sagebrush,
big mountain
 
sage, pitcher's (Salvia)
30
50
 
 
25
30
50
 
 
25
80
10
 
 
90
80
10
 
 
90
20
90
 
 
10
20
90
 
 
10
0.25
0.25(a)
 
 
0.30(a)
0.50(a)
0.50(a)
 
 
0.30(a)
0.40
0.40
0.25(g)
 
0.20(c)
0.10(g)
1.25
1.25
0.75(g)
 
2.00(c)
25(g)
Milkvetch, cicer
Alfalfa & sweet clover
Restricted noxious
Sclerotia
75
70
99
98
1
 
 
0.10
2
 
 
0.10
0.01(a)
 
 
None
0.20(a)
 
 
9/lb
0.01
9/lb
 
0.10(g)
0.20
45/lb
 
0.50(g)
Lupine
Restricted noxious
80
80
98
98
2
2
0.25
0
0.50
9/lb
0.10
0.40
Mountain mahogany
60
60
85
85
15
15
0.25(a)
0.50(a)
0.40
0.15(g)
1.25
0.75(g)
Penstemon spp.
80(d)
80(d)
90
90
10
10
0.20
1.00
0.20(c)
90/lb(e)
2.00(c)
180/lb(e)
Prairie-coneflower
60
60
90
90
10
10
0.20(a)
1.00
(a)
0.20(c)
0.10(g)
2(c)
2.00(g)
Safflower
-
85
-
99
-
1
-(a)
10(a)
-
1 in 2lbs(f)
0.10
1 in 1 lb(f)
Sainfoin
Restricted noxious weeds
-
80
99
99
1
2
0.10(a)
0.20
9/lb
0
0.10
Sand-reed, prairie
70
70
90
90
0.10
0.10
0.10
0.25
0.10
0.50
Winterfat
40
40
60
60
40
40
0.25
0.50
40
0.15(g)
1.25
0.75(g)
(a)
Must be free prohibited and restricted noxious weed seed.
(b)
Includes total germination and hard seed.
(c)
Never to exceed 0.25% other ((Forbes)) forbs.
(d)
Total viability by TZ.
(e)
Sweet clover.
(f)
Barley, oats, rye, triticale, or wheat.
(g)
Other varieties or kinds.
Standards for ((Certified)) Industrial Hemp Seed Certification
NEW SECTION
WAC 16-302-840 Standards for industrial hemp seed production.
(1) The general seed certification definitions and standards in this chapter are basic and together with WAC 16-302-845 through 16-302-865 constitute the standards for industrial hemp seed certification.
(2) Fees for seed certification are assessed as established in chapter 16-303 WAC.
(3) All growers of industrial hemp certified seed crops are required to be licensed under the department's industrial hemp licensing rules adopted under chapter 15.120 RCW.
(4) Only varieties of industrial hemp approved by the department shall be eligible for certification. An approved variety must be a variety recognized by an international organization recognized by the department, such as the association of official seed certifying agencies or the organization for economic cooperation and development (OECD) seed scheme.
(5) The allowable area of an industrial hemp seed crop area or seed production field may be determined and limited by the department under the terms of rules adopted under chapter 15.120 RCW.
(6) All industrial hemp fields established for seed certification shall be planted with thirty-inch row spacing to facilitate inspection, roguing, and harvesting.
(7) Growers must post signage approved by the department on at least four sides, including the main entry point of each authorized field.
(8) Growers are required to obtain tetrahydrocannabinol (THC) test results as required by rules adopted under chapter 15.120 RCW.
NEW SECTION
WAC 16-302-845 Definitions specific to industrial hemp seed production.
"Dioecious type" means a type of industrial hemp that has male and female flowers on separate plants.
"Industrial hemp" means all parts and varieties of the genera Cannabis, cultivated or possessed by a grower, whether growing or not, that contain a THC concentration of 0.3 percent or less by dry weight. Industrial hemp does not include plants of the genera Cannabis that meet the definition of "marijuana" as defined in RCW 69.50.101.
"Industrial hemp seed production" means an industrial hemp seed production field established with an appropriate generation of certified seed intended to produce a subsequent generation of certified seed.
"Monoecious type" means a type of industrial hemp that has male and female flowers on the same plant.
"Too male" means an intersexual plant that exceeds the ratio of male and female flowers as described in the variety description.
"Unisexual female" means a monoecious type of industrial hemp plant that has sterile male and fertile female flowers.
"Unisexual female hybrid" means a hybrid where the A line is a unisexual female type and the B line produces male fertile flowers.
"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.
"Volunteer plant" means an industrial hemp plant that results from a previous crop.
NEW SECTION
WAC 16-302-850 Land requirements for industrial hemp seed certification.
Land requirements for the production of an industrial hemp seed crop are as follows:
(1) Crops must not be planted on land where foreseeable volunteer growth from a previous crop may cause contamination detrimental to certification.
(2) Fields for foundation and registered classes must not be planted on land which in the previous five years grew a different crop of industrial hemp or marijuana.
(3) Crops for certified class must not be planted on land which in the previous three years produced a crop of industrial hemp or marijuana.
NEW SECTION
WAC 16-302-855 Isolation requirements for industrial hemp seed certification.
Isolation requirements for industrial hemp seed production are as follows:
(1) Isolation areas must be kept free of any harmful plants that can cause contamination. Not more than one plant per eleven square feet of harmful contaminants (species that can cross pollinate with the inspected crop) is permitted within the required isolation distance(s) adjacent to the inspected crop. The conditions of each crop are assessed by the department, which may alter this standard, usually by reducing the number of contaminant plants permitted per square yard, according to identified contamination risks.
(2) Foundation, registered and certified industrial hemp must be isolated from any marijuana production licensed by the liquor and cannabis board by a distance of fifteen miles.
(3) Industrial hemp seed production crops for certification must be isolated from all other industrial hemp varieties or fields not meeting the varietal purity requirements for certification as follows:
Inspected Crop
Isolation Factor
Isolation Distance in Feet
Dioecious type:
Foundation and Registered
Different varieties of industrial hemp
16,150
Noncertified industrial hemp
16,150
Lower certified class of same variety
6,460
Same class of same variety
3
Dioecious type:
Certified
Different varieties of industrial hemp
16,150
Noncertified industrial hemp
16,150
Certified class of the same variety
3
Monoecious type and hybrids:
Foundation and Registered
Dioecious variety of industrial hemp
16,150
Noncertified industrial hemp
16,150
Different varieties of monoecious or female hybrid
6,460
Certified class of same variety
3
Monoecious type and hybrids:
Certified
Dioecious variety of industrial hemp
3,230
Noncertified industrial hemp
3,230
Different varieties of monoecious or female hybrid
646
Certified class of same variety
3
NEW SECTION
WAC 16-302-860 Field inspection standards and tolerances for industrial hemp seed certification.
(1) Industrial hemp seed production crop fields shall be inspected by the department in three stages.
(a) The first inspection should be conducted before female (pistillate) flowers of the inspected crop are receptive and after the formation of male (staminate) flowers before pollen is shed.
(b) The second inspection should be conducted during the receptive stage of the female plants in the inspected field, normally within three weeks of first inspection.
(c) The third inspection should be conducted within ten days prior to harvest. The grower must notify the department of anticipated harvest date. Fields not harvested within ten days of the third inspection will require an additional inspection and THC test.
(d) Isolation areas will be inspected for volunteer plants and harmful contaminants at each department inspection.
(2) Off-type male flowers must be removed by the grower prior to producing pollen and evidence of removal must be identifiable during the department's crop inspection.
Rogued male flowers must be removed from the field and buried or otherwise destroyed by the grower to prevent pollen production.
(3) If dioecious male plants start flowering before removal from field, all plants around them must be destroyed by the grower within a radius of ten feet for foundation seed, six feet for registered seed and three feet for certified seed.
If dioecious male plants or if other off-type male flowers are found to be shedding pollen during any inspection, an additional inspection will be required within seven days to verify adequate control of detrimental pollen. An additional reinspection fee will be assessed by the department.
(4) Plant samples will be taken by the department for THC testing at the third inspection. Test results in excess of 0.3% THC will be cause for rejection and the field may be subject to destruction.
The seed crop for certification may be harvested after the third inspection and the THC sample has been submitted for testing. However, no seed or other industrial hemp by-products may be transported off of the registered land area until THC testing with a result of 0.3% THC or less has been received and a release notice to the grower has been issued by the department.
(5) Intersexual plant type ratios shall not exceed the limits when defined in the variety description by the breeder.
(6) Excessive weeds or other factors that prevent varietal purity and identity determination shall be cause for the department to reject the affected field for certification purposes.
(7) Fields planted in such a manner that prevents inspector access shall be cause for the department to reject the affected field for certification purposes unless the grower remedies the condition in a timely manner as required by the department.
(8) Maximum impurity standards must not be exceeded based on six replicated counts of ten thousand plants according to the following table:
 
Maximum impurity standards per 10,000 plants
 
Maximum number of "too male" monoecious plants
Maximum number of dioecious male plants shedding pollen
Maximum number of other impurities including other varieties
Dioecious type: Foundation
-
-
3
Dioecious type: Registered and Certified
-
-
10
Monoecious: Foundation
500
1
3
Monoecious: Registered
1000
2
10
Monoecious: Certified
2000
100
10
NEW SECTION
WAC 16-302-865 Seed standards for industrial hemp seed certification.
Seed standards for industrial hemp seed production crops are as follows:
 
Foundation
Registered
Certified
Pure seed (minimum)
98.00%
98.00%
98.00%
Other crop (maximum)
0.01%
0.03%
0.08%
Inert matter (maximum)*
2.00%
2.00%
2.00%
Weed seed (maximum)
0.10%
0.10%
0.10%
Other kinds (maximum)
0.01%
0.03%
0.07%
Other kinds (maximum)
2 per lb.
6 per lb.
10 per lb.
Other varieties (maximum)**
None found
0.01%
0.05%
Germination (minimum)
80.00%
80.00%
80.00%
*
Inert matter shall not contain more than 0.50% of material other than seed fragments.
**
Other varieties when distinguishable.
AMENDATORY SECTION (Amending WSR 12-19-065, filed 9/17/12, effective 10/18/12)
WAC 16-303-200 Seed program testing fees.
Seed testing fees are as follows:
(((1)))
Category
Crop kind
PURITY
GERM/1
TZ
Additional Crops in each
Category/2
1
Agricultural Grasses
40.00
25.00
45.00
Alkaligrass, Bermudagrass, Canarygrass, Foxtail, Switchgrass, Timothy, Zoysia
2
Alfalfa & Clover
31.00
27.00
45.00
Alfalfa, Black Medic, Clover, Lupine, Milkvetch, Sainfoin, Trefoil
3
Beans
29.00
27.00
45.00
Beans
4
Beets
42.00
47.00
45.00
Beets, Swiss chard, Spinach
5
Bentgrass, redtop
72.00
38.00
45.00
Bentgrass, Redtop
6
Bluegrass
49.00
33.00
45.00
Bluegrass, all types
7
Brassica Species
75.00
38.00
45.00
Brassica Species
8
Brome
51.00
27.00
45.00
Brome: Mountain, Smooth, Meadow
9
Fescue
40.00
27.00
45.00
Fescue: Tall and Meadow
10
Fescue, all others
49.00
27.00
45.00
Fescue: Arizona, Blue, Blue Hard, Chewings, Creeping, Hard, Idaho, Red, Sheep
11
Flax
31.00
27.00
45.00
Lewis flax
12
Industrial hemp
50.00
40.00
45.00
 
13
Orchardgrass
55.00
29.00
45.00
Orchardgrass
((13))
14
Peas and other large seeded legumes
31.00
27.00
45.00
Peas, Chickpeas, Lentil, Vetch
((14))
15
Primrose
31.00
27.00
45.00
Primrose
((15))
16
Ryegrass
49.00
25.00
45.00
Ryegrass, (Perennial or Annual)
((16))
17
Small burnet
31.00
27.00
45.00
Small burnet
((17))
18
Sudangrass
31.00
27.00
45.00
Sudangrass
((18))
19
Vegetables
31.00
27.00
49.00
Vegetables: Arugula, Asparagus, Cantaloupe, Carrot, Celery, Corn, Coriander, Cucumber, Dill, Eggplant, Endive, Leek, Lettuce, Okra, Onion, Parsley, Parsnip, Pepper, Pumpkin, Radish, Squash, Tomato, Watermelon
((19))
20
Grains
31.00
27.00
45.00
Wheat, Triticale, Sunflower, Sorghum, Safflower, Rye, Rice, Millet, Buckwheat, Barley, Oats, Emmer, Spelt
((20))
21
Wheatgrass, Wildrye, other native species Group A
84.00
33.00
45.00
Bluestem, Buffalograss, Lovegrass, Penstemon, Sand dropseed, Sideoats, Squirreltail; Intermediate, Pubescent, Tall, Thickspike, Slender, and Western wheatgrasses; Small-seeded wildrye
22
Wheatgrass, Wildrye, other native species and flowers Group B
75.00
33.00
45.00
Bitterbrush, Echinacea, Indian ricegrass, Junegrass, Kochia, Oatgrass, Indian ricegrass, Blue and other large-seeded wildrye, Crested and Siberian wheatgrasses
23
Wheatgrass, Wildrye, other native species and flowers Group C
75.00
123.00((*)) /3
45.00
Green needlegrass, Needle & Thread, Penstemon ((*(Germination requires 400 seed TZ according to AOSA Rules)))
/1 Standard 400 seed germination test.
(((2))) /2 Crops not listed in the above table will be charged by the category that they fit into.
/3 Germination requires 400 seed TZ according to AOSA rules.
AMENDATORY SECTION (Amending WSR 12-19-065, filed 9/17/12, effective 10/18/12)
WAC 16-303-320 Certification fees for seed certified by the department.
Seed certification fees apply to seed classes identified in WAC 16-302-015, as follows:
(1) Fees apply to both new and renewal applications.
The seed processor is responsible for seed certification fees including sampling, testing, production and final certification fees, and may accept responsibility for any other additional fees associated with certification. Fees for services such as O.E.C.D. and sod quality, etc., are in addition to the fees listed in this section.
Seed
Application Fee 1/
Seedling field
inspection fee
Seedling
producing or field
inspection Fee 2/
Late
Application
Penalty Fee
Reinspection Fee
(other than
isolation)
Production
Fee (includes
tagging) 7/10/11/
Seed shipped
Out-of-State (uncleaned)
Alfalfa, Red clover, White clover and Trefoil
$32.25 per variety per grower
$54.00 per field
$2.00 per acre
$50.00
$58.00 per field
$0.57/cwt. 5/
$0.22/cwt.
Annual grasses
$32.25 per field
N/A
$2.00 per acre
$50.00 per field
$58.00 per field
$0.45/cwt.
$0.22
Bean
$32.25 per variety per grower
N/A
$2.00 per acre 3/
(one inspection)
$4.00 per acre 4/
(two inspections)
$50.00
$58.00 per field
$0.57/cwt.
$0.22/cwt.
((Turnip, Rutabaga, Kale
$32.25 per field
N/A
$4.00 per acre (two inspections)
$50.00
$58.00 per field
$0.57/cwt.
$0.22))
Corn
$32.25 per field
N/A
$55.00 first acre
$12.00 ea. additional acre except hybrid corn $5.35 ea. additional acre
$50.00
———
$0.15 per tag issued
$4.00 per document
Industrial hemp
$32.25 per field
N/A
Hourly rate, travel time and mileage as established in WAC 16-303-250
$50.00
Additional inspections: Hourly rate, travel time and mileage as established in WAC 16-303-250
$0.15 per tag issued; $15.00 minimum fee
N/A
Perennial Grasses 6/
$32.25 per field
$54.00 per field
$54.00 per field
$50.00
$58.00 per field
Option A
$0.91/cwt. for all grass except tall fescue
$0.55/cwt. tall fescue
Option B
$1.26/cwt. (min. $12.54)
$0.34
((Corn
$32.25 per field
N/A
$55.00 first acre
$12.00 ea. additional acre except hybrid corn $5.35 ea. additional acre
$50.00
———
$0.15 per tag issued
$4.00 per document
Annual grasses
$32.25 per field
N/A
$2.00 per acre
$50.00 per field
$58.00 per field
$0.45/cwt.
$0.22))
Rapeseed, Canola, and Mustard
$32.25 per variety per grower
N/A
$2.00 per acre (one inspection)
$50.00 per grower
$58.00 per field
$0.57/cwt.
$0.22
Turnip, Rutabaga, Kale
$32.25 per field
N/A
$4.00 per acre (two inspections)
$50.00
$58.00 per field
$0.57/cwt.
$0.22
1/
Seed certification application due dates can be found in WAC 16-302-050.
2/
Seedling producing or field inspection fees are refundable if the acreage is withdrawn before the inspection is completed. In the case of bean seed, fees are required of seedling fields to be harvested for certification the year of planting.
3/
One inspection is required for Great Northern Red Mexican, pinto, pink, and small white bean.
4/
Includes windrow inspection which is required for certification of snap beans, kidney beans, and eligibility for shipment into the state of Idaho.
5/
Production fees are billed at completion of laboratory analysis tests. If no seed is tagged, $0.10 of the $0.57 per cwt. production fee is refundable.
6/
Option A: Inspection and final certification fees are based on pounds sampled and billed upon completion of required laboratory tests.
 
Option B: Inspection and final certification fees are based on pounds tagged after required laboratory tests are completed. Those dealers requesting sampling and tagging privileges and/or participation in Option B must sign a memorandum of agreement that shall expire on June 30 of each year. The memorandum may be terminated by the director if the conditioner violates certification standards or requirements of memorandum.
7/
Does not include shipping and handling charge for tags.
8/
Service inspection of seed fields
 
Service inspection will be charged the established hourly rate inclusive of travel time and inspection time. This excludes the seedling inspection which is charged according to the above chart.
 
Service inspections will be charged a mileage fee based upon the OFM mileage rate.
9/
Hybrid inspections (pollen counts)
 
All crops except corn and industrial hemp:
 
(a) $48.50 per inspection if done at the time of the certification inspection.
 
(b) $135.00 per inspection if not conducted at the time of the certification inspection.
10/
Minimum tagging fee is $13.00.
11/
For seed lots in packages of less than 25 lbs., tags are $0.15 per tag in addition to the production fee.
(2) Other fees associated with grass seed certification:
Out-of-state origin seed tagged with interagency certification tags.
Grass Option A:
$0.33 per cwt.
Grass Option B:
$0.73 per cwt.
(3) Reissuance of certification tags is $0.15 per tag or a minimum fee of $13.00.