WSR 19-16-152
PERMANENT RULES
DEPARTMENT OF AGRICULTURE
[Filed August 7, 2019, 10:47 a.m., effective September 7, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule-making order amends WAC 16-228-1270 by:
(1) Adding garlic grown for seed to the list of seed crops, as a result of a petition for rule making;
(2) Modifying the title of the section;
(3) Modifying the list of allowed seed crops to include the common name and scientific name, and expanding the list of seed crop names, to more accurately describe the specific seed crops that are subject to the rule;
(4) Adding, in rule, the process currently used by the department to evaluate petitions for new seed crops; and
(5) Expanding the conditions under which the rule would not apply to listed seed crops grown in Washington.
Citation of Rules Affected by this Order: Amending WAC 16-228-1270.
Statutory Authority for Adoption: RCW 15.58.040 and 17.21.030.
Other Authority: Chapter 34.05 RCW.
Adopted under notice filed as WSR 19-13-104 on June 19, 2019.
Changes Other than Editing from Proposed to Adopted Version: WAC 16-228-1270(1): The department made three slight revisions to crop names (common or scientific).
(1) "Spinach mustard" (the listed common name) was replaced with "mustard spinach";
(2) "Allium ampeloprasum" (the listed scientific name for leek) was replaced with "Allium porrum";
(3) "Brassica napus" (the listed scientific name for rape greens) was replaced with "Brassica napus var. napus."
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 5, 2019.
Derek I. Sandison
Director
AMENDATORY SECTION(Amending WSR 03-22-029, filed 10/28/03, effective 11/28/03)
WAC 16-228-1270((What are the restrictions on the use of pesticides on small seeded vegetable seed crops, seed alfalfa and seed clover?))Restrictions on the use of pesticides on seed alfalfa, seed clover, small seeded herb and vegetable seed crops, and seed garlic.
(1) For purposes of pesticide registration, the following crops, when grown to produce seed specifically for crop reproduction purposes, are considered nonfood and nonfeed sites of pesticide use:
((Common Name
Synonyms
alfalfa
 
arugula
Mediterranean salad, rucola, roquette, Ghargir
beet
garden and sugar
broccoli
 
broccoli raab
Rapani, Choy Sum, Chinese flowering cabbage
Brussels sprouts
 
cabbage
 
carrot
 
cauliflower
 
Chinese cabbage (Bok Choy)
Pak Choi (Choy), Bok Choi (Choy), Taisai, celery mustard, spoon cabbage
Chinese cabbage (napa)
Pe-tsai
Chinese broccoli
Chinese kale, Gailon
clover
 
collard
 
coriander
cilantro
dill
 
endive
escarole
kale
bore kale
kohlrabi
 
leek
 
lettuce
 
mizuna
 
mustard (including Chinese and Indian)
 
onion (bulb)
 
onion (bunching)
 
parsley
 
parsnip
 
radish (other than daikon)
rape
 
rutabaga
 
spinach
 
spinach mustard
 
swiss chard
spinach beet
turnip))
 
Common Name
Scientific Name
alfalfa
Medicago sativa
arugula
Eruca sativa
beet, garden
Beta vulgaris
beet, sugar
Beta vulgaris
broccoli
Brassica oleracea var. botrytis
broccoli, Chinese
Brassica oleracea var. alboglabra
broccoli raab
Brassica rapa var. ruvo
Brussels sprouts
Brassica oleracea var. gemmifera
cabbage
Brassica oleracea var. capitata
cabbage, Chinese, bok choy
Brassica rapa var. chinensis
cabbage, Chinese, napa
Brassica rapa var. pekinensis
carrot
Daucus carota
cauliflower
Brassica oleracea var. botrytis
clover, berseem
Trifolium alexandrinum
clover, crimson
Trifolium incarnatum
clover, Persian
Trifolium resupinatum
clover, red
Trifolium pratense
clover, strawberry
Trifolium fragiferum
clover, white
Trifolium repens
collards
Brassica oleracea var. acephala
coriander
Coriandrum sativum
dill
Anethum graveolens
endive
Cichorium endivia
kale
Brassica oleracea var. acephala
kohlrabi
Brassica oleracea var. gongylodes
leek
Allium porrum
lettuce, head
Lactuca sativa
lettuce, leaf
Lactuca sativa
mustard greens
Brassica juncea
mustard, seed
Brassica hirta
mustard spinach
Brassica rapa var. perviridis
onion, dry bulb
Allium cepa
onion, Welsh
Allium fistulosum
parsley
Petroselinum crispum
parsnip
Pastinaca sativa
radish (other than radish, Oriental)
Raphanus sativus
rape greens
Brassica napus var. napus
rutabaga
Brassica napus var. napobrassica
spinach
Spinacia oleracea
Swiss chard
Beta vulgaris var. cicla
turnip
Brassica rapa
(2) For the seed crops listed in subsection (1) of this section, the following conditions shall be met:
(a) All seed screenings shall be disposed of in such a way that they cannot be distributed or used for human food or animal feed. The seed conditioner shall keep records of screening disposal for three years from the date of disposal and shall furnish the records to the director immediately upon request. Conditioner disposal records shall consist of documentation of on-farm disposal, disposal at a controlled dump site, incinerator, composter, or other equivalent disposal site and shall include the lot numbers, amount of material disposed of, the grower(s), and the date of disposal.
(b) No portion of the seed plant((,)) including, but not limited to, green chop, hay, pellets, meal, whole seed, cracked seed, roots, bulbs, leaves and seed screenings may be used or distributed for food or feed purposes.
(c) All seed from the crops listed in subsection (1) of this section grown or conditioned in this state shall bear a tag or container label which forbids use of the seed for human consumption or animal feed.
(d) No seed from the crops listed in subsection (1) of this section grown or conditioned in this state may be distributed for human consumption or animal feed.
(3) For purposes of pesticide registration, the following crop, when grown to produce bulbs specifically for crop reproduction purposes, is considered a nonfood and nonfeed site of pesticide use:
Common Name
Scientific Name
garlic, bulb
Allium sativum
"Garlic, bulb" is commonly referred to as "garlic seed" when grown to produce bulbs for crop reproduction purposes. For the purpose of this section, "garlic, bulb" and "garlic seed" have the same meaning, and are used interchangeably.
(4) For the bulb crop listed in subsection (3) of this section, the following conditions shall be met:
(a) All garlic seed debris shall be disposed of in such a way that it cannot be distributed or used for human food or animal feed. The garlic seed grower shall keep records of debris disposal for three years from the date of disposal and shall furnish the records to the director immediately upon request. Grower disposal records shall consist of documentation of on-farm disposal, disposal at a controlled dump site, incinerator, composter, or other equivalent disposal site and shall include the lot numbers, amount of material disposed of, the grower(s), and the date of disposal.
(b) No portion of the garlic seed plant including, but not limited to, green chop, hay, pellets, meal, roots, garlic bulbs, leaves and debris may be used or distributed for food or feed purposes.
(c) All garlic seed grown or processed in this state shall bear a tag or container label which forbids use of the garlic bulbs for human consumption or animal feed.
(d) No garlic seed grown or processed in this state may be distributed for human consumption or animal feed.
(5) Violation of any condition listed in subsection (2) or (4) of this section is declared to be a violation of chapters 17.21 and 15.58 RCW.
(((4) Any seed crop certified under provisions of RCW 15.86.070, the Organic Food Products Act, shall be exempt from the requirements of this section.))(6) If the department receives a proposal to add an additional seed crop not listed in subsection (1) or (3) of this section, sufficient information must be provided to the department to support the designation of the seed crop as a nonfood and nonfeed site. The department will determine if the designation of the seed crop as a nonfood and nonfeed site is appropriate based upon evaluation of available information, and may consult with the U.S. Environmental Protection Agency prior to a final decision.
(7) The conditions contained in subsections (1) through (6) of this section shall not apply to a seed crop grown in Washington, or its byproducts, if any one of the following conditions exist:
(a) No pesticides were applied to the seed crop;
(b) Only pesticides registered and labeled for application to the seed crop, and having established tolerances or tolerance exemptions for residues of pesticides on the seed crop and its by-products, were used on the seed crop; or
(c) If the seed crop has been certified under provisions of RCW 15.86.070 the Organic Products Act.