SENATE BILL REPORT

SB 5263

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of Bill

Obligates state agencies, when purchasing seed, to require suppliers of seed to ensure the identity and purity of the seed through appropriate testing.
Requires state agencies to include the agency's expectations for the germination or viability of the seed in seed purchase contracts.

Background: Procurement by State Agencies. State agencies must comply with various requirements in the procurement of goods and services. Requirements relate to things like mandating competitive solicitations of contract bids, following uniform procedures for evaluating whether a bidder is responsible and whether the bid offers the best value, providing for a transparent complaint process, and requiring a successful bidder to post a bond.

WSDA Seed Program. The Washington State Seed Act (Seed Act) serves to provide uniformity and consistency in the packaging of agricultural, vegetable, and flower seeds. The Washington State Department of Agriculture (WSDA) administers the Seed Act. The program conducts pre-harvest field inspections and laboratory testing of agricultural, vegetable, and flower seeds grown under the seed program. The program tests seed samples submitted by seed growers and companies to determine compliance with purity and germination standards and to certify seeds for domestic and international marketing. The program provides for labeling of seeds in commerce.

Summary of Bill: When purchasing seed, state agencies must require suppliers of seed to ensure the identity and purity of the seed through appropriate testing performed by WSDA or by any other agency authorized under the laws of any state, territory, or possession that has standards and procedures approved by the United States Secretary of Agriculture.

Tree seed and seed of woody species are exempt.

All contracts for the purchasing of seed by an agency are required to include the agency's expectations for the germination or viability of the seed as an essential element of the supplier's performance under the contract.

Staff Summary of Public Testimony: PRO: When state agencies are buying seed, it is important to know if the seeds are pure. This bill is asking suppliers to ensure the identity and purity of seed and uses the Department of Agriculture lab to provide testing. It is very expensive for agencies if they end up with the wrong seed and have to replant. This bill keeps the system viable and suppliers accountable.