Date of Adoption: November 30, 2000.

Purpose: This rule provides general regulations for the seed program at the Department of Agriculture. As required by the governor's executive order on regulatory improvement and agency policy, the proposed rule is updated and rewritten in a clear and usable format. Existing chapters of rules will be repealed and the significant language in those chapters is revised into three new proposed chapters of rules for the seed program, chapters 16-301, 16-302, and 16-303 WAC.

Citation of Existing Rules Affected by this Order: Repealing chapters 16-300, 16-304, 16-313, 16-316, 16-317, 16-318, 16-493, 16-494, and 16-495 WAC.

Statutory Authority for Adoption: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3).

Other Authority: Chapter 17.24 RCW.

Adopted under notice filed as WSR 00-20-075 and 00-20-076 on October 3, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 3, Amended 0, Repealed 9.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 3, Amended 0, Repealed 9. Effective Date of Rule: Thirty-one days after filing.

December 1, 2000

Jim Jesernig

Director

OTS-4222.3

     "Agricultural seed" as defined in RCW 15.49.011(2) includes grass, forage, cereal, oil, fiber, and other kinds of crop seeds commonly recognized within this state as agricultural seeds, lawn seeds, and combination of such seeds, and may include common and restricted noxious weed seeds but not prohibited noxious weed seeds.

     "AOSA" means the Association of Official Seed Analysts.

     "AOSCA" means the Association of Official Seed Certifying Agencies.

     "Approved trial grounds" means a specific parcel of land approved by the director for experimental or limited production or increase of bean seed.

     "Arbitration committee" means the committee established by the director under RCW 15.49.101 to hear and make determinations in mandatory, nonbinding, arbitration cases.

     "Bean" means common beans and adzuki beans.

     "Blend" as defined in RCW 15.49.011(3) means seed consisting of more than one variety of a species, each in excess of five percent by weight of the whole.

     "Blending" as related to this chapter shall be the process of commingling two or more lots of seed to form one lot of uniform quality.

     "Buyer" means a person who purchases seeds.

     "Chairperson" means the person selected by the arbitration committee from among their numbers to preside.

     "Certifying agency" as defined in RCW 15.49.011(5) means:

     (a) An agency authorized under the laws of any state, territory, or possession to certify seed officially and which has standards and procedures approved by the United States secretary of agriculture to assure the genetic purity and identity of the seed certified; or

     (b) An agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed-certifying agencies under (a) of this subsection.

     "Common bean" means Phaseolus vulgaris L.

     "Complete record" means information which relates to the origin, treatment, germination and purity (including variety) of each lot of seed. Records include seed samples and records of declaration, labels, purchases, sales, cleaning, bulking, treatment, handling, storage, analyses, tests and examinations.

     "Dealer" as defined in RCW 15.49.011(7) means any person who distributes seeds.

     "Department" as defined in RCW 15.49.011(8) means the Washington state department of agriculture or its duly authorized representative.

     "Director" as defined in RCW 15.49.011(9) means the director of the department of agriculture.

     "Field standards" means the tolerances permitted as determined by established field inspection procedures.

     "Fiscal year" means the twelve-month period July 1 through June 30.

     "Flower seeds" as defined in RCW 15.49.011(11) include seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts, and commonly known and sold as flower seeds in this state.

     "Germination" as defined in RCW 15.49.011(13) means the emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, are indicative of the ability to produce a normal plant under favorable conditions.

     "Interagency certification" means the participation of two or more official certifying agencies in performing the services required to certify the same lot or lots of seed.

     "Isolation standards" means the distance in feet from any contaminating source (i.e., distance from other fields of same species).

     "Label" as defined in RCW 15.49.011(18) includes a tag or other device attached to or written, stamped, or printed on any container or accompanying any lot of bulk seeds purporting to set forth the information required on the seed label by chapter 15.49 RCW, and may include other information including the requirement for arbitration.

     "Land standards" means the number of years that must elapse between the destruction of a stand of a kind, and establishment of a stand of a specified class of a variety of the same kind (i.e., number of years out of production of same crop kind).

     "Mixture, mixed or mix" as defined in RCW 15.49.011(22) means seed consisting of more than one species, each in excess of five percent by weight of the whole.

     "Nursery" means an area of two acres or less in which grass for seed production is seeded in rows with twenty-four inch minimum spacing to facilitate roguing.

     "O.E.C.D." means the Organization for Economic Cooperation and Development certification scheme.

     "Off-type" means a plant or seed which deviates in one or more characteristics from that which has been described as being usual for the strain or variety.

     "Official certificate" means a document issued by an official testing agency including but not limited to seed certification tags, bulk seed certification certificates, phyto-sanitary certificates, laboratory sanitary certificates, and other letters, tags, stamps, or similar documents certifying seed quality or condition.

     "Official sample" as defined in RCW 15.49.011(23) means any sample taken and designated as official by the department.

     "Official seed laboratory" means a seed testing laboratory approved by the director, such as, but not limited to, Washington State Seed Laboratory, 21 N 1st Avenue, Yakima, Washington; and Oregon State Seed Laboratory, Oregon State University, Corvallis, Oregon.

     "Origin" means the county within the state of Washington, or the state, territory, or country where a specific seed lot was grown.

     "Person" as defined in RCW 15.49.011(26) means an individual, partnership, corporation, company, association, receiver, trustee or agent.

     "Proprietary variety" means that crop variety for which a person has exclusive production and/or marketing rights.

     "Representative sample" means a sample drawn in accordance with sampling procedures adopted in WAC 16-301-095.

     "Seeds" as defined in RCW 15.49.011(33) means agricultural or vegetable seeds, or other seeds as determined by rules adopted by the department. The word seed or seeds as used in this chapter shall include all propagating materials.

     "Seed labeling permit" means a permit issued by the department pursuant to RCW 15.49.400 to a person labeling seed for distribution in this state.

     "Seed program advisory committee" means a committee of representatives from the small grains, pea, lentil, bean, vegetable, small seeded legumes, and grass seed industries selected by the program manager in consultation with the industry.

     "Seed standards" means the tolerances permitted as determined by established seed inspection procedures.

     "Serology" means precipitation, agglutination, immunodiffusion, or labeled antibody test methods (such as ELISA) that use the specificity of antigen-antibody reactions to detect and identify antigenic substances and the organisms such as viruses and bacteria that carry viruses.

     "Stock seed" means breeders, prebasic, or like initial generation of seed.

     "Sudangrass" means Sorghum bicolor x drummondii.

     "University" means the Washington State University.

     "USDA" means the United States Department of Agriculture.

     "Vegetable seeds" as defined in RCW 15.49.011(38) include the seeds of all crops that are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this state.

     "WSCIA" means the Washington State Crop Improvement Association.

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     (2) The AOSA rules for testing seed adopted in the year 2000. A copy may be obtained by contacting the administrative office for AOSA at McBride and Associates, Inc., P.O. Box 80705, Lincoln, NB 68501-0705.

     (3) The Federal Seed Act and Code of Federal Regulations (CFR) Part 201 as revised January 1, 1998. A copy may be obtained by writing to the USDA, AMS, Washington, D.C. 20250.

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     (a) The label provides information required in WAC 16-301-060 through 16-301-085 on treated seeds in addition to the information required in subsection (2) of this section; and

     (b) The label is placed in a conspicuous manner on the seed container; and

     (c) The printed label or tag is not modified or denied in the labeling or on any label attached to the seed container.

     (2) Each container of agricultural, vegetable or flower seeds, that is sold, offered or exposed for sale, or transported within this state for sowing purposes must bear "Requirement for arbitration - The Washington State Seed Act, chapter 15.49 RCW, requires mandatory arbitration of disputes involving allegedly defective seed. See chapter 16-301 WAC or contact the Washington State Department of Agriculture, Seed Program, (509) 225-2630," on:

     (a) The analysis tag; or

     (b) A separate tag or label attached securely to each container; or

     (c) Printed in a conspicuous manner on the side of each container; or

     (d) Alternate wording may be approved in writing by the department to meet the needs of the industry.

     (3) Except for grass seed mixtures, and hybrids that contain less than ninety-five percent hybrid seed, the label for agricultural seeds must contain the following information:

     (a) The name of the kind and variety of each agricultural seed present in excess of five percent of the whole and the percentage by weight of each or if the variety is not listed with the certifying agency, the name of the kind and the words, "variety not stated." Hybrids must be labeled as hybrids; and

     (b) The lot number or other lot identification; and

     (c) The origin state or foreign country, if known. If the origin is not known, that fact shall be stated on the label; and

     (d) The percentage, by weight, of all weed seeds present. The maximum weed seed content may not exceed two percent by weight; and

     (e) The name and rate of occurrence in seeds per pound of each kind of restricted noxious weed seed present; and

     (f) The percentage by weight of agricultural seeds, which may be designated as "crop seeds," other than those required to be named on the label; and

     (g) The percentage by weight of inert matter; and

     (h) The percentage of seed germination, exclusive of hard seed, and the percentage of hard seed, if present, or "total germination and hard seed" as a single percentage; and

     (i) The calendar month and year the seed germination test was completed to determine such percentages; and

     (j) The name and address of the person who labels, sells, offers, or exposes for sale seed within this state.

     (4) For seed that is coated the label must also contain the following:

     (a) The percentage of pure seed with coating material removed;

     (b) The percentage of coating material shown as a separate item in close association with the percentage of inert material;

     (c) The percentage of germination as determined on four hundred coated seed pellets, with or without seeds.

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     (1) Small grain seed - labels for small grain seed must include the following information:

     (a) Each variety (e.g., Nugaines), whether the variety is typically a winter or spring sown variety, and kind (e.g., wheat); or may not be shown if the label conspicuously shows the words "typical sowing season not stated";

     (b) A tetrazolium test may be used in lieu of germination if the label states "Tetrazolium. . .%," and that a germination test of the lot is in process and shall be made available to the purchaser when completed. The label shall also show the calendar month and year the tetrazolium test was completed.

     (2) Small grain, field pea, lentil, and/or soybean seed - the following shall apply for labeling of small grain, field pea, lentil, and/or soybean seed:

     (a) When seed is distributed in bulk the required label information must be on the invoice or other document accompanying the distribution of the seed;

     (b) The seed labeling registrant may provide the required label information as a guaranteed analysis at the time of distribution if the label, invoice, or other document accompanying the seed states "guaranteed analysis," and the results of a purity and germination test of a representative sample are made available to the purchaser no later than thirty days following the initial distribution of the lot;

     (c) Seed held in storage for bulk distribution or invoice labeling, shall be plainly identified on the storage unit(s) with the required label information;

     (d) Small grain, field pea, lentil, and/or soybean seed is deemed mislabeled if the seed contains restricted noxious weed singly or collectively in excess of 100 per pound.

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     (1) Vegetable seeds in packets or preplanted devices - labeling for vegetable seeds in packets as prepared for use in home gardens or household plantings or vegetable seeds in preplanted containers, mats, tapes, or other planting devices must include the following information:

     (a) The year in which the seed was packed for sale as "packed for planting in. . ." or the percentage germination and the calendar month and the year the test was completed to determine that percentage;

     (b) Label for seeds which germinate less than the standard established under the provisions of chapter 15.49 RCW must include the following:

     (i) Percentage of germination, exclusive of hard seed;

     (ii) Percentage of hard seed, if present;

     (iii) The words "below standard" in not less than eight-point type;

     (c) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quality of seed without removing the seed from the medium, mat, tape or device, a statement to indicate the minimum number of seeds in the container.

     (2) Vegetable seeds in containers - the labeling requirements for vegetable seeds in containers, other than packets prepared for use in home gardens or household plantings and other than preplanted containers, mats, tapes, or other planting devices, is considered met if the seed is weighed from a properly labeled container of more than one pound in the presence of the purchaser.

     (3) Flower seeds in packets or preplanted devices - labeling for flower seeds in packets prepared for use in home gardens or household plantings or flower seeds in preplanted containers, mats, tapes, or other planting devices must include the following information:

     (a) For all kinds of flower seeds:

     (i) The name of the kind and variety or a statement of the kind and performance characteristics as prescribed in chapter 15.49 RCW and rules adopted thereunder;

     (ii) The calendar month and year the seed was tested or the year for which the seed was packaged;

     (b) Labels for seeds of those kinds for which standard testing procedures are prescribed and which germinate less than the germination standard established under the provisions of chapter 15.49 RCW must include the following:

     (i) The percentage of germination exclusive of hard seeds;

     (ii) The words "below standard" in not less than eight-point type.

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     (2) When small grain, field pea, lentil, and/or soybean seed is needed for immediate planting, a purchaser may waive the seed analysis information requirement for the purchase by completion of the following waiver:

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     (1) The lot number or other lot identification.

     (2) The origin state or foreign country, if known. If the origin is not known, that fact must be stated.

     (3) The kind or variety labeled as "hybrid" except that varieties in which pure seed contain less than seventy-five percent hybrid seed may not be labeled as hybrids.

     (4) The percent which is hybrid labeled parenthetically in direct association following named variety; i.e., Comet (eighty-five percent hybrid).

     (5) The calendar month and year of a germination test of pure live seed or the year in which the seed was packaged.

     (6) The percentage by weight of inert matter.

     (7) The percentage, by weight, of all weed seeds present. The maximum weed seed content may not exceed two percent by weight.

     (8) The name and address of the person who labels seed, or sells, offers, or exposes the seed for sale within this state.

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     (1) The lot number or other lot identification.

     (2) The origin state or foreign country, if known. If the origin is not known, that fact shall be stated on the label.

     (3) The word "mixed" or "mixture" stated with the name of the mixture.

     (4) The heading "pure seed" and "germination" or "germ" used in the proper places.

     (5) The commonly accepted name of kind or kind and variety of each agricultural seed component in excess of five percent of the whole, and the percentage by weight, in columnar form, of pure seed in order of its predominance.

     (6) The percentage by weight of agricultural seed other than those required to be named on the label which shall be designated as "crop seed," If the mixture contains no crop seed, the statement, "contains no other crop seed," may be used and may be flagged.

     (7) The percentage by weight of inert matter.

     (8) The percentage, by weight, of all weed seeds present. The maximum weed seed content may not exceed two percent by weight.

     (9) For each agricultural seed named under subsection (3) of this section:

     (a) The percentage of germination, exclusive of hard seed.

     (b) The percentage of hard seed, if present.

     (c) The calendar month and year of the most recent test completed to determine such percentages.

     (10) The name and address of the person who labels, or sells, offers, or exposes the seed for sale within this state.

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ENGLISH OR COMMON NAME	BOTANICAL OR SCIENTIFIC NAME
Austrian fieldcress	Rorippa austriaca (Crantz) Bess.
Field bindweed	Convolvulus arvensis L.
Hedge bindweed	Convolvulus sepium L.
Bladder campion	Silene cucubalus
(only in timothy-
Phleum pratense)
Camelthorn	Alhagi camelorum Fisch.
Canada thistle	Cirsium arvense (L.) Scop.
Hairy whitetop	Cardaria pubescens (C.A. Mey.)
Hoary cress	Cardaria draba (L.) Desv.
Jointed goatgrass	Aegilops cylindrica
(only in small grain)
Knapweed complex
(including bighead,	Centaurea macrocephala,
Vochin,	Centaurea nigrescens,
black,	Centaurea nigra,
diffuse,	Centaurea diffusa,
meadow,	Centaurea jacea x nigra,
Russian,	Centaurea repens,
spotted knapweeds	Centaurea maculosa,
Purple starthistle)	Centaurea calcitrapa
Leafy spurge	Euphorbia esula L.
Perennial pepperweed	Lepidium latifolium L.
Perennial sowthistle	Sonchus arvensis L.
Quackgrass	Elytrigia repens
Serrated tussock	Nassella trichotoma
Sorghum perennial such as, but	Sorghum spp.
not limited to, johnsongrass,
sorghum almum, and
perennial sweet sudangrass
Tansy ragwort	Senecio jacobaea L.
Velvetleaf	Abutilon theophrasti
White cockle	Lychnis alba
(only in timothy-
Phleum pratense)
Yellow-flowering skeleton weed	Chondrilla juncea L.
Yellow starthistle	Centaurea solstitialis L.

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ENGLISH OR COMMON NAME	BOTANICAL OR SCIENTIFIC NAME
Blackgrass	Alopecurus myosuroides
Blue lettuce	Lactuca tatarica subsp. pulchella
Docks and Sorrel	Rumex spp.
Dodder	Cuscuta spp.
Dyers woad	Isatis tinctoria
Field pennycress	Thlaspi arvense
(fanweed)
Field sandbur	Cenchrus incertus
Gromwell (only in	Buglossoides arvensis
small grain)
Halogeton	Halogeton glomeratus C.A. Mey.
Medusahead	Taeniatherum
	capa-medusa subsp.
	caputmedusae
Plantains	Plantago spp.
Poverty weed	Iva axillaris Pursh.
Puncturevine	Tribulus terrestris L.
St. Johnswort	Hypericum perforatum L.
Dalmation toadflax	Linaria dalmatica (L.) Mill.
Yellow toadflax	Linaria vulgaris Hill.
Western ragweed	Ambrosia psilostachya DC.
Wild mustard	Sinapis arvensis subsp.
	arvensis
Wild oat	Avena fatua L.

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     (1) A word or statement indicating that the seed has been treated.

     (2) The commonly accepted coined, chemical, or abbreviated chemical (generic) name of the applied substance or description of the process used.

     (3) The information required in WAC 16-301-065 through 16-301-085.

     For bulk seed shipment, the information shall appear on the invoice or other document accompanying and pertaining to each shipment.

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     (1) Mercurial or similarly toxic pesticides:

	Treated with
	Endrin
	POISON (in red) (illus.)

     (2) Other pesticides:

	Treated with
	Captan
	Caution: Treated seed - do not use for food,
	feed, or oil.

     (3) Additional information may be shown, such as rate of application, antidote, specific purpose of treatment, etc., provided such information is not false or misleading.

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Percent*		Percent*
Artichoke	60	Leek	60
Asparagus	70	Lettuce	80
Beans (except Lima)	75	Muskmelon	75
Beans (Lima)	70	Mustard	75
Beets	65	Okra	50
Broccoli	75	Onion	70
Brussels Sprouts	70	Parsley	60
Cabbage	75	Parsnip	60
Carrot	55	Pea	80
Cauliflower	75	Pepper	55
Celery and Celeraic	55	Pumpkin	75
Chicory	65	Radish	75
Citron	65	Rhubarb	60
Collards	80	Rutabaga	75
Corn	75	Salsify	75
Cornsalad	70	Sorrel	60
Cress, garden	40	Spinach (except New
Cress, water	25	Zealand	60
Cucumber	80	Spinach (New
		Zealand	40
Dandelion	45	Squash	75
Eggplant	60	Swiss Chard	65
Endive	70	Tomato	75
Kale	75	Tomato, husk	50
Kohlrabi	75	Turnip	80
		Watermelon	70

*Including hard seeds when present.

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     (a) In order to secure a representative sample, equal portions must be taken from evenly distributed parts of the quantity of seed to be sampled. Access must be allowed to all parts of that quantity.

     (b) For free-flowing seed in bags or bulk, a probe or trier is used. For small free-flowing seed in bags, a probe or trier long enough to sample all portions of the bag or container must be used.

     (c) Nonfree-flowing seed, such as certain grass seed, uncleaned seed, or screenings, difficult to sample with a probe or trier, are sampled by thrusting the hand into the bulk and withdrawing representative portions.

     (d) Composite samples must be obtained to determine the quality of a lot of seed, such as the percentages of pure seed, other crop seed, weed seed, inert matter, noxious weed seed, germination, varietal purity, freedom from disease, and effectiveness of seed treatment. Individual bag samples may be obtained to determine whether the seed is of uniform quality.

     (2) Sampling equipment. The trier must be designed so that it will remove an equal volume of seed from each part of the bag through which the trier travels. Unless the trier has partitions in the seed chamber, it must be inserted into the bags horizontally.

     (3) Obtaining representative samples.

     (a) For lots of one to six bags, sample each bag and take a total of at least five cores or handsfull.

     (b) For lots of more than six bags, sample five bags plus at least ten percent of the number of bags in the lot. (Round numbers with decimals to the nearest whole number.) Regardless of the lot size, it is not necessary to sample more than thirty bags.

	Examples:
No. bags in lots	7	10	23	50	100	200	300	400
No. bags to sample	6	6	7	10	15	25	30	30

     (c) For sampling bulk seed to obtain a composite sample, take at least as many cores or handsfull as if the same quantity of seed were in bags of an ordinary size. Take the cores or handsfull from well-distributed points throughout the bulk.

     (d) Seed in small containers must be sampled by taking entire unopened container in sufficient numbers to supply a minimum size sample as required in subsection (4) of this section. The contents of a single container or the combined contents of multiple containers of the same lot must be considered representative of the entire lot of seed sampled.

     (4) Minimum weights of seed samples are defined in chapter 16-303 WAC, Schedule of testing, certification and other fees.

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     (1) The parties have not agreed to submit the dispute to arbitration and to be bound by the arbitration award.

     (2) The claim or counterclaim where relief is sought is, or includes, a monetary amount in excess of two thousand dollars.

     (3) Any statutory period of limitations with respect to such claim had not expired.

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     (1) Such complaint shall contain:

     (a) A statement setting forth the nature of the claim and damages.

     (b) The dollar amount involved in the claim.

     (c) The remedy sought.

     (2) The complaint must be accompanied by a filing fee of one hundred dollars to cover the costs of processing the complaint.

     (3) The buyer shall send the dealer that is the subject of the complaint a copy of the complaint by registered mail.

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     (1) If no answer is filed within the stated time:

     (a) It will be deemed that the claim is denied.

     (b) The failure to file a timely response will be recorded and made a part of the official record.

     (2) Failure to file a timely response shall not operate to delay the arbitration process.

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     (1) Each alternate member shall serve only in the absence of the member for whom the person is an alternate.

     (2) The arbitration committee shall elect a chairperson and a secretary from among its members.

     (a) The chairperson shall conduct meetings and deliberations of the committee and direct its other activities.

     (b) The secretary shall keep accurate records of all meetings and deliberations and perform other duties as assigned by the chairperson.

     (3) The committee shall be called into session at the direction of the director or the chairperson.

     (4) The members of the committee shall receive no compensation for their duties but shall be reimbursed for travel expenses according to established state travel and per diem rates. Expense reimbursement shall be borne equally by the parties to the arbitration.

     (5) A committee member, delegated with investigative responsibilities outside of the hearing under WAC 16-318-395, may not participate in making the final decision and award.

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     (1) That the claim has been submitted to the arbitration committee.

     (2) The names of the members of the arbitration committee and the alternates. Within ten days after receipt of notification from the director, either buyer or seller may petition the director that a member of the arbitration committee be disqualified for cause and replaced by an available alternate member: Provided, That either buyer or seller may petition the director at any time during the process upon discovering facts that establish grounds for disqualification. Such decision shall be solely at the discretion of the director.

     (3) No person may serve on the committee in any arbitration where he or she has a financial or personal interest in the result of the arbitration unless the parties, in writing, waive such disqualification.

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     (1) Such notice shall include:

     (a) The names and addresses of the parties to whom notice has been given.

     (b) The address and telephone number of the chairperson of the arbitration committee.

     (c) The names and addresses of the members of the arbitration committee.

     (d) The date, time, place, and subject of the hearing.

     (e) A statement of the legal authority under which the hearing is being held including the sections of statute and rules involved.

     (2) To the extent possible, the chairperson of the arbitration committee shall attempt to schedule the hearing at a time and place mutually agreeable to the parties: Provided, That if a mutually agreeable time and place cannot be found, the chairperson may set the time and place.

     (3) The chairperson of the committee may allow all or a part of the hearing to be conducted by telephone, or other electronic means when the rights of the parties will not be prejudiced thereby and each party has an opportunity to participate.

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     (1) The following types of discovery may be requested of the arbitration committee:

     (a) Deposition.

     (b) Written interrogatories.

     (c) Request for production of documents.

     (2) The arbitration committee may allow and condition use of discovery on a showing of necessity and an unavailability by other means.

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     (1) The chairperson shall open the hearing on behalf of the committee stating the place, time and date of the hearing; the members of the arbitration committee and the parties to the arbitration and their counsel, if any; and recital of the buyer's claim, any counterclaim, and the dealer's response, if any.

     (2) The parties shall have the opportunity to present an opening statement.

     (3) The complaining party shall have the opportunity to present the claim for damages, the proof and witnesses and shall submit to questions and other examination by the arbitration committee.

     (4) The defending party shall present the defense and his or her proof including witnesses and shall submit to questions or other examination by the arbitration committee.

     (5) Each party shall have the right of cross-examination.

     (6) The arbitration committee may vary this procedure: Provided, That both parties are provided a full and equal opportunity to present their evidence and proofs.

     (7) The names and addresses of all witnesses shall be recorded and made a part of the record.

     (8) Both parties shall have an opportunity to present a summary statement.

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     (1) The chairperson of the arbitration committee with the assent of a majority of the committee members may reopen a hearing.

     (2) A hearing may be reopened by the chairperson with assent of a majority of the committee upon petition of either party prior to the final committee report.

     (3) A hearing may not be reopened if such action would cause the sixty-day time limit as defined in WAC 16-301-155 (ninety days with a grow out test) to be exceeded without the written consent of both parties.

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     (1) If a quorum is present, a simple majority of the arbitration committee shall be sufficient to make a decision.

     (2) Any member disagreeing with an award may prepare a dissenting opinion and that opinion shall be included in the committee report.

     (3) The report shall be sent to the director.

     The director shall promptly send copies of the report to the parties by registered mail.

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     (2) Due dates for phyto-sanitary applications for field inspections are as follows:

	(a)	Western Washington
(i)	Fall plantings . . . . . . . . . . . .		April 15
(ii)	Spring plantings . . . . . . . . . . . .		June 1
	(b)	Eastern Washington
Fall plantings . . . . . . . . . . . .			April 15
(i)	Peas in Columbia Basin . . . . . . . . . . . .		May 15
(ii)	Peas East Highway 395 (Palouse)		June 15
(iii)	Beans . . . . . . . . . . . .		July 1
(iv)	All other crops . . . . . . . . . . . .		June 1

     (3) Phyto sanitary applications for crops requiring a fall inspection are due 30 days prior to inspection time and not later than September 15.

     (4) To be eligible for Pseudomonas pisi, phyto-sanitary field inspection for peas or other diseases based on area surveillance, the applicant must file a report with the department seed program listing acreage and general location (such as block and unit if possible) prior to May 1.

     (5) Applications received after the due date are assessed a late fee. Acceptance of a late application is at the discretion of the certifying agency.

     (6) Each applicant must submit applications and/or required reports stating diseases for which inspection is to be made and the number of inspections required and/or requested.

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     (a) Prior to planting a bean field the seed used must be in compliance with the quarantine requirements found in chapter 16-301 WAC in order to be accepted for phytosanitary certification. Any phytosanitary field application submitted without proof of quarantine compliance will not be accepted into the program. Any field planted in violation of chapter 16-301 WAC will be subject to the procedures in WAC 16-301-435, 16-301-440, and 16-301-485.

     (b) Not be planted to the same crop within the past three years if that crop was known to be contaminated with the specific disease or diseases listed in the application for phyto-sanitary field inspection;

     (c) Have clean, cultivated boundaries.

     (2) Excessive weeds, poor stands, lack of vigor, or any other condition which is likely to make inspection inaccurate may be cause for rejection.

     (3) Additional land and/or production requirements for a phyto-sanitary field inspection may be adopted after consultation with industry representative and area specialist for the specific disease and/or crops listed in the phyto-sanitary field inspection application.

     (4) The department may require a laboratory (serology) test and/or a greenhouse test or other testing methods.

     (5) The combined results of a field inspection and laboratory (serology), greenhouse tests and/or other testing methods, when required or available, may be used to determine final eligibility for a phyto-sanitary certificate.

     (6) An official five pound sample is required from each ten thousand pounds of seed or portion thereof for serology testing.

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     (a) Pseudomonas pisi (Sackett);

     (b) Pea seed-borne mosaic virus - based on two field inspections.

     (2) For pea seed to be eligible for a phyto-sanitary certificate stating freedom from Pseudomonas pisi (Sackett) the following applies:

     (a) The seed field must be free of the disease as determined by the department with an area inspection of at least ten percent of the acreage. The department shall conduct a survey of county extension agents, extension pathologists, and plant pathologists at experiment stations and Washington State University.

     (b) The applicant of a phyto-sanitary field inspection desiring production eligible seed must make inspections of the fields throughout the growing season. If symptoms of the disease are found, the finding must be immediately reported to the department seed program.

     (c) At the end of the growing season, but not later than September 1, each applicant must file a report with the department seed program. The report must contain information on the field inspections made by the applicant during the growing season and whether the disease was observed.

     (d) The field must be free of the disease as determined by the department with one field inspection made during the growing stage most optimum for detecting of the disease.

     (3) For pea seed to be eligible for a phyto-sanitary certificate stating freedom from pea seed-borne mosaic virus, the field must be free of the disease as determined by the department with one inspection at two to four weeks after seedling emergence, and a second inspection one to two weeks before dry pod stage.

     (4) The department recommends that breeding nurseries, isolation nurseries, and/or small seed-increase plots be entered for inspection for freedom from Pseudomonas pisi (Sackett).

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     (a) Halo blight - Pseudomonas phaseolicola (Burk.) Dows.

     (b) Common bean blight - Xanthomonas phaseoli (E.F. Sm.) Dows.

     (c) Fuscous blight - Xanthomonas phaseoli var. fuscans (Burk.)

     (d) Bean bacterial wilt - Corynebacterium flaccumfaciens (Hedges) Dows.

     (e) Or any varieties or new strains of these diseases.

     (f) Brown spot disease - Pseudomonas syringae.

     (g) Bean anthracnose - Colletotrichum lindemuthianum.

     (h) Seed-borne viral diseases.

     (2) For beans to be eligible for a phyto-sanitary certificate covering the bacterial diseases listed in subsection (1) of this section the following provisions apply:

     (a) Common bean must be free of the diseases as determined by the department with a field inspection during the growing season and by a windrow inspection. A serology test and greenhouse test may be accepted in lieu of a windrow inspection at the discretion of the department.

     (b) Pintos, red mexicans, pinks, great northerns, small whites, navy beans, and black turtle beans may be grown for an unlimited number of generations under rill or sprinkler irrigation.

     (c) Kidney beans, cranberry types, Taylor horticultural, and Borlotto types may be grown for an unlimited number of generations under rill irrigation or for one generation under rill irrigation and, subsequently, for two generations under sprinkler irrigation. The fourth and unlimited subsequent generations may be grown and inspected with the same alternation of irrigation types.

     (d) A field planted must be free of halo blight the previous two years of planting.

     (e) Seed fields must be 1,320 feet from an incident of disease. The department recommends that equipment be disinfected between fields.

     (3) At least two field inspections of beans are required for bacterial diseases listed in subsection (1) of this section:

     (a) The first inspection is conducted by the department when factors effecting diseases are most evident.

     (b) The second inspection is conducted by the department when the plants are in the windrow.

     (4) All bean seed entered into the phyto-sanitary inspection program must comply with the bean seed quarantine rules. See chapter 16-301 WAC.

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     (a) To be eligible for phyto-sanitary field inspection, a person must submit an application to allow adequate time to develop procedures and requirements.

     (b) Only one field inspection will be provided unless it is determined that it is necessary to make inspections at different times during the growing season to detect symptoms of the disease in question.

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     (1) "Annual bluegrass" means Poa annua and all related subspecies and hybrids.

     (2) "Seed stock" means those seeds of grasses which are to be planted for seed increase or with intent of seed increase.

     (3) "Annual bluegrass analysis certificate" means a test report from an official seed laboratory showing freedom from annual bluegrass based on a ten gram sample for bentgrass or redtop; and a twenty-five gram sample for other grasses.

     (4) "Quarantine tag" means a tag issued by Washington state department of agriculture to be sealed to each bag showing said seed has met quarantine requirements.

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     (2) This quarantine shall not apply to seed sown for forage or turf.

     (3) This quarantine shall not apply to:

     (a) Experiments or trial grounds of the United States Department of Agriculture;

     (b) Experiments or trial grounds of Washington State University experiment station; or

     (c) Trial grounds of any person, firm, or corporation; provided said trial ground plantings are approved by the director and under supervision of technically trained personnel familiar with annual bluegrass control.

     (4) Any person shipping, moving or transporting any seed stock for planting purposes in or into the regulated area that is not tagged with official "annual bluegrass quarantine" tags or a test report showing freedom of annual bluegrass as allowed in subsection (1) of this section must:

     (a) State where and when seed stock can be sampled for the required annual bluegrass test; or

     (b) Attach a copy of the official laboratory analysis showing freedom from annual bluegrass; or

     (c) Submit a representative sample for testing.

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     (a) Submit an official laboratory analysis of a representative sample showing freedom from annual bluegrass; or

     (b) Submit a representative sample for testing.

     (2) Upon receipt of an official laboratory analysis showing freedom from annual bluegrass, the department of agriculture shall tag each bag of those lots found free of annual bluegrass by the required test with "annual bluegrass quarantine" tag, stating said seed is eligible for planting in Eastern Washington.

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     (2) Fees for sampling, analysis and nursery inspection for the presence of annual bluegrass is that fee established by the department. Refer to chapter 16-303 WAC for fees.

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     (a) If a violation actually occurred;

     (b) How it did occur, and what corrective measures can be taken to avoid reoccurrence;

     (c) How much acreage is involved and location of all plantings.

     (2) Corrective procedures may be agreed upon, such as roguing, chemical treatment, etc., and the time frame for such work, or agreement for voluntary destruction of all acreage involved.

     (3) Treated and rogued acreage is inspected by department of agriculture three times during the seedling stages to assure freedom from annual bluegrass. The violator is assessed an hourly inspection fee and a mileage fee where additional mileage is involved.

     (4) Failure to mutually agree, or failure to comply with these procedures, or if it is determined the violation was willful, may be subject to the criminal and/or civil penalties provided in chapters 15.49 and/or 17.24 RCW.

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     (1) "Rough bluegrass" means Poa trivialis and all related subspecies.

     (2) "Seed stock" means those seeds of grasses which are to be planted for seed increase or with intent of seed increase.

     (3) "Rough bluegrass analysis certificate" means a test report from an official seed laboratory showing freedom from rough bluegrass based on a twenty-five gram sample.

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     (1) This quarantine shall not apply to:

     (a) Experiments or trial grounds of the United States Department of Agriculture;

     (b) Experiments or trial grounds of Washington State University experiment station; or

     (c) Trial grounds of any person, firm, or corporation except that the trial ground plantings are approved by the director and under supervision of trained personnel familiar with rough bluegrass control.

     (2) This quarantine shall not apply to seed production fields of rough bluegrass grown in Yakima County and that part of Benton County that lies within the Yakima River drainage.

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     (1) Seed stocks of all varieties of all grasses.

     (2) Seed production fields of rough bluegrass.

     (3) Rough bluegrass sown for forage or turf.

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     (1) Submit an official laboratory analysis of a representative sample showing freedom from rough bluegrass; or

     (2) Submit a representative sample for testing.

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     (a) How it occurred;

     (b) How much acreage is involved and location of all plantings;

     (c) Corrective procedures, such as roguing, chemical treatment, etc., and the time frame for such work, or agreement for voluntary destruction of all acreage involved to avoid recurrence and minimize economic loss.

     (2) Treated and rogued acreage is inspected by the department of agriculture three times during the seedling stages to assure freedom from rough bluegrass. The violator is assessed an hourly inspection fee and a mileage fee where additional mileage is involved.

     (3) Any person who violates the terms of this quarantine may be subject to the criminal and civil penalties provided in chapters 15.49 and/or 17.24 RCW.

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     (1) "Approved trial grounds" means a specific parcel of land approved by the director for experimental or limited production or increase of bean seed.

     (2) "Dominant I-gene cultivar" means a cultivar which has resistance to all known strains of bean common mosaic virus (B.C.M.V.) due to the presence of the dominant I-gene. Dominant I-gene cultivars will not show mosaic mottle symptoms or transmit the virus through seed when inoculated with any strain of B.C.M.V.

     (3) "Recessive I-gene cultivar" means a cultivar which may be susceptible to some strains of bean common mosaic virus and may show mosaic mottle symptoms.

     (4) "Diseases" means those viral, fungal and bacterial diseases of beans enumerated in WAC 16-301-380 and any new variations or strains of these identified in the future.

     (5) "Quarantine Area I" means all areas west of the Continental Divide except those counties within the state of Washington subject to internal quarantine and the states of Alaska and Hawaii.

     (6) "Quarantine Area II" means areas east of the Continental Divide, the counties in the state of Washington subject to internal quarantine, the states of Alaska and Hawaii and foreign countries.

     (7) "Seed-borne viral diseases" includes bean common mosaic virus, adzuki mosaic virus, and other similar viral diseases causing mosaic mottle and other symptoms similar to those of bean common mosaic virus.

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     Halo blight (Pseudomonas syringae pv. phaseolicola (Young et. al.))

     Common bean blight (Xanthomonas campestris pv. phaseoli (Smith) Dye)

     Fuscous blight (Xanthomonas phaseoli var. fuscans (Burk.))

     Bean anthracnose disease (Colletotrichum lindemuthianum (Sacc. & Magn.) Scrib.)

     Brown spot disease (Pseudomonas syringae pv. syringae (Van Hall)) strains virulently pathogenic to Phaseolus

     Bean bacterial wilt (Corynebacterium flaccumfaciens ssp. flaccumfaciens (Hedges) Dows.)

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     (2) The department shall be notified in writing, prior to shipping, of any person's intent to ship, move, or transport any bean seed into the regulated area. A copy of the official certificate issued for that bean seed must accompany this notice of intent.

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     (2) When the director determines that an emergency condition exists because of a shortage of seed for planting purposes, beans grown for processing as edible beans may be accepted for planting purposes if the lot has been tested by means recommended by the university and approved by the director and found to be apparently free of regulated diseases.

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     (2) Bean seed planted for seed increase or with intention of seed increase must be planted in fields entered into either the Washington state bean seed phyto-sanitary certificate inspection program or the Washington state seed certification inspection program as provided in WAC 16-302-045 and 16-301-235.

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     (2) Bean seed, up to a maximum of one pound per variety, may be planted in an approved trial ground intended for research purposes, with notification to the department, plant certification program, of intent to plant and adherence to the inspection procedures in WAC 16-301-425 and such isolation and other requirements as the director may prescribe.

     (3) Bean seed over one pound, intended for introduction or seed increase, must first be planted in an approved trial ground not to exceed fifteen acres for each variety. The trial ground must be isolated from other beans by 1/4 mile. In addition, prior to planting, this bean seed must pass a laboratory/greenhouse test as recommended by the university; notification must be given the department, plant certification program, of intent to plant; and inspection procedures in WAC 16-301-425 must be complied with for trial grounds.

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     (2) This quarantine does not apply to the shipment, movement, or transportation of beans prepackaged in packages of eight ounces or less for home garden use in the regulated area if the beans are free of diseases.

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     (2) A minimum of three field inspections is made during the growing season and one windrow inspection.

     (3) A disinfectant must be applied to machinery used in the production of bean seed and to footwear of personnel performing inspections prior to movement to other bean fields.

     (4) If any regulated diseases are detected by field inspections or subsequent laboratory/greenhouse tests, no seed may be released for general planting but must again be planted in an approved trial ground for one additional year and undergo inspection procedures by the department.

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     (a) Fields that are placed under a quarantine order must be entered into the Washington state bean seed phyto-sanitary inspection program as provided in WAC 16-301-235 with all costs of inspection to be borne by the grower or the grower's agent.

     (b) Fields that are placed under a quarantine order may be subject to additional requirements for inspection, control or isolation, as deemed necessary by the director, to prevent the spread of regulated diseases.

     (2) Any bean field determined to be infected with a regulated disease must be reported within seventy-two hours after discovery to the department, plant certification program.

     (3) The department encourages the aid of all interested parties, including growers and seed company representatives, in the prompt reporting of suspected infected bean fields in order that timely investigation may be made.

     (4) Any bean fields within the boundaries of the regulated area which show contamination by a regulated disease, as provided in subsection (5) of this section, must be destroyed in part or in total as may be required to eliminate the disease, by or at the expense of the grower or their responsible agents. The director may authorize any other method of control at the director's discretion. The director must notify the grower, seed company representatives and/or the grower's landlord of the method and extent of the destruction and safeguards against disease spread in order for the parties to comply.

     (5) The identity of a regulated disease on growing plants or plants in windrow is based on the observance of the visual symptoms of the disease. If the department deems it necessary to establish true identity or pathogenically, a laboratory and/or greenhouse test may be conducted by the department in cooperation with the university.

     (a) In cases of disagreement concerning the presence of a regulated disease between the department plant pathologist and a qualified plant pathologist representing the commercial company or grower, the definitive verification of identity or pathogenically must be determined by isolation of the suspected pathogen and inoculation of seedlings of a known susceptible host using accepted scientific and professional techniques.

     (b) Until verification of the suspected pathogen as specified in this section is completed, the involved planting must be placed under quarantine for a period of thirty days subject to conditions and review or extension as determined by the director. Entry into the quarantined area is to be restricted to the grower or grower's agents, department employees, and/or persons authorized in writing by the director. Persons granted entry into the quarantined area will be required to take all necessary sanitary precautions as prescribed by the director to safeguard against the possible spread of the suspected regulated disease.

     (6) The true identity of the regulated disease when found in or on seed is based on testing methods recommended by the university results of which, when positive, is evidence to identify the disease as being subject to the department's requirements. The owner of the seed, at owner's expense, may request verification of pathogenicity. Such verification must be made using accepted scientific and professional techniques.

     (7) Exemptions and special situations:

     (a) Any field of beans first found infected during windrow inspection, is exempt from total destruction if the diseased portion and an area (not less than a fifty-foot radius) surrounding the infected site is promptly destroyed or harvested with the beans from the infected area directed, under department supervision, to processing. Seed from the remainder of the field must be tested by a serology test. Only seed apparently free from regulated diseases may be used for seed purposes in the regulated area.

     (b) Any field of beans to be used only for dry edible purposes is exempt from destruction if the diseased portion of the field is destroyed and the entire crop residue is promptly and completely destroyed after harvest.

     (c) Beans for processing or fresh consumption are exempt from destruction if the diseased portion of the field is destroyed or harvested within ten days after first detection and/or verification as provided in subsection (4) of this section and the crop residue is promptly and completely destroyed after harvest.

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     Bean seed, that otherwise qualifies, may be received for planting purposes, planted, sold, shipped, or transported if that seed meets one of the following criteria:

     (1) The bean variety (cultivar) is known to be uniform for the dominant I-gene. Documentation of evidence of uniformity must accompany the seed shipment. Undocumented cultivars are subject to serology and/or grow out testing to determine freedom from bean seed-borne viral diseases.

     (2) The bean seed has been tested by the serology method (ELISA) and is found to be free from bean seed-borne viral diseases.

     (3) The bean seed is tested by the serology method and is found to be positive for seed-borne viral diseases and on a subsequent grow out test, the sample is found free from bean seed-borne viral diseases.

     (4) All serology tests are based on an official one pound sample of untreated bean seed for each fifty thousand pounds of bean seed or fraction thereof.

     (5) All bean seed to be planted in the regulated area must have a viral disease compliance form filed with the WSDA seed program prior to planting.

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     (1) Seed fields entered in the Washington state bean seed phyto-sanitary certificate inspection program or the Washington state seed certification inspection program as provided in WAC 16-302-045 and 16-301-235 that display symptoms of bean seed-borne viral diseases during the growing season is subject to testing provided in WAC 16-301-475 (3) and (4) to determine final disposition.

     (2) When the director determines that it is probable, based on visual symptoms and serological analysis, that a seed field may be infected with bean seed-borne viral diseases and determines that a threat of infection of other fields exists, the director may prescribe aphid control or other requirements, through a notice of destruction as provided in WAC 16-301-435, deemed necessary to prevent infection of adjacent properties.

     (3) The true identity of bean seed-borne viral diseases is based on testing methods recommended by the university results of which, when positive, is evidence to identify the disease as being subject to the department's requirements. The owner of the seed, at owner's expense, may request verification of pathogenicity. Such verification must be made using accepted scientific and professional techniques.

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     (2) Any grower violating the terms of this quarantine, is subject to the criminal and/or civil penalties provided in chapters 15.49 and/or 17.24 RCW.

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OTS-4221.3

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     (2) The WSCIA is designated to assist the department in the certification of certain agricultural seeds. A memorandum of understanding between the department and the WSCIA designates WSCIA to act as the director's duly authorized agent for the purpose of certifying seed of buckwheat, chickpeas, field peas, lentils, millet, soybeans, small grain, sorghum and forest trees. The address and phone number for the WSCIA office is 414 S. 46th Avenue, Yakima, WA 98908, (509) 966-2234.

     (3) The department's seed program certifies seed other than buckwheat, chickpeas, field peas, lentils, millet, soybeans, small grain, sorghum and forest trees. The address and phone number for the department seed program office is 21 N. 1st Avenue, Yakima, WA 98902, (509) 225-2630.

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     (1) Breeder seed is seed or vegetative propagating material directly controlled by the originating, or in certain cases the sponsoring plant breeder, institution, or firm. Breeder seed supplies the source for the initial and recurring increase of foundation seed.

     (2) Foundation seed (identified by white tags) is first-generation seed increased from breeder seed or its equivalent. Production must be carefully supervised and approved by the certifying agency and/or the agricultural experiment station. Foundation seed is eligible to produce registered or certified seed.

     (3) Registered seed (identified by purple tags) is the progeny of foundation seed that is handled as to maintain satisfactory genetic identity and purity and is approved and certified by the certifying agency. Registered seed is eligible to produce certified seed.

     (4) Certified seed (identified by blue tags) is the progeny of foundation, registered or certified seed which is handled as to maintain satisfactory genetic identity and purity and is approved and certified by the certifying agency. Certified seed is not eligible for recertification for the crops certified by WSCIA, listed in WAC 16-302-550, except as provided for in WAC 16-302-035.

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     (1) The owner or designee with production or marketing rights of a proprietary variety must submit to the certifying agency a list of growers who will submit applications for certification showing the variety, acreage authorized, processor authorized, and also advising whether the variety is under genetic purity certification or under complete certification. The list of growers must be submitted prior to the application due dates for seed certification as specified in WAC 16-302-050.

     (2) Each application for seed certification received by the certifying agency is subject to approval from the list submitted by the owner with production or marketing rights of a proprietary variety.

     (3) The certifying agency shall refuse certification of any seed that appears in a processing or conditioning plant not authorized by the owner with production or marketing rights of a proprietary variety.

     (4) An application for seed certification may be withdrawn at any time prior to tagging. The applicant is responsible for fees due and owing when an application for seed certification is withdrawn.

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     (1) Only proprietary varieties and OECD varieties not of United States origin to be tagged under the OECD scheme are eligible for genetic purity certification.

     (2) Only the specific crop certification standards established in rule which pertain to genetic purity such as land requirements and isolation, shall apply for genetic purity certification. Fields must not contain other varieties or off-type plants in excess of established standards. The grower is responsible for controlling noxious weeds to prevent seed formation.

     (3) Excessive prohibited and/or objectionable weeds, poor stands, lack of vigor, or other conditions, which make inspection by the certifying agency inaccurate, may be cause for rejection of a field.

     (4) Field inspection. A field inspection is made by the certifying agency each year at the time the seed crop is in bloom, or at other times as may be most advantageous to determine genetic purity. A complete record must be maintained on the condition of the field (weeds, crop mixtures, etc.) and all information reported to the authorized agent and/or grower. Upon completion of all requirements for field inspection, a final field inspection report is issued by the certifying agency that the seed produced passed genetic purity requirements.

     (5) Seed standards. The certifying agency shall test all lots to determine the purity and germination quality. Seed to be certified must not contain seeds of other varieties or off-types in excess of standards established in rule. The quality of each lot of seed represented to be certified must be that which is normally acceptable in the marketing of high quality seed. Failure to maintain acceptable quality shall be considered cause for revoking permission to participate in seed certification by genetic purity.

     (6) Processing or conditioning requirements. Only those conditioning plants approved by the department Seed Program are permitted to process seed for certification. Complete records must be kept of all processing or conditioning. Blending of seed lots of the same variety from fields passing field inspections may be permitted with prior approval and if in accordance with requirements for blending. Sampling and all other operations involving certified seed must be under supervision of the certifying agency. The sample must be obtained in accordance with official sampling procedures. The entire lot must be cleaned and in condition for sale at the time of sampling. This sample must be submitted to the seed laboratory for testing to evaluate quality. Lots of questionable quality may be rejected and not eligible for certification.

     (7) Certification tags for seed meeting the genetic purity standards must be clearly marked, "genetic purity certified."

     (8) Fees for genetic purity certification are as established for each seed crop in chapter 16-303 WAC and the authorized agent or grower is responsible for all fees.

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     (1) Preplanting report. A preplanting inspection, an industry responsibility, must be made of fields to be planted with breeder seed. A written report of the preplant inspection, performed by either a representative of the person issuing the contract or by the grower must be maintained by the variety owner or designee for a minimum of three years. The report shall show the grower's name, number of acres, location, crop history for the past three years, crops to be planted, origin of breeder seed, isolation status, and weed and crop present.

     (2) Planting requirement. To distinguish between any possible volunteer and the crop seeded, all fields must be planted in distinct rows. Plants outside defined rows may be construed as volunteers.

     (3) Combine inspection. The combine used for seed harvesting must be cleaned and inspected prior to harvesting foundation or OECD basic seed. The combine must be free of all contaminating material. If an official combine inspection is requested, the certifying agency must be notified of the following: The date, time, and location where the combine inspection may be made.

     (4) Processing plant inspection. The processing or conditioning plant must be inspected before processing foundation or OECD basic seed and periodic inspections will be made during processing by the processor.

     (5) Recleaning, rebagging, preinoculation, treating, or other processes must be approved by the certifying agency. An original tag must be submitted with the request for recertification and the seed must be retagged and resealed on completion.

     (6) For a proprietary variety the above combine inspection (subsection (3) of this section), and processing plant inspection (subsection (4) of this section), responsibility may be assigned to the proprietor or his designee upon their request. The variety owner or designee must maintain a report covering required inspections.

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     (1) Unlimited recertification of the certified seed class may be permitted for crop varieties where foundation seed is not being maintained.

     (2) The production of an additional generation of the certified class may be permitted on a one-year basis when:

     (a) Prior to the planting season, the certifying agency states that foundation and registered seed supplies in the United States are not adequate to plant the needed acreage of the variety.

     (b) Permission of the originating breeder and/or owner of the variety is obtained (if applicable).

     (c) The additional generation of certified seed produced is declared to be ineligible for recertification.

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     (2) A current list of varieties eligible for certification for the crops certified by the seed program may be obtained by contacting WSDA Seed Program, 21 N. 1st Avenue, Yakima, WA 98902, (509) 225-2630. A current list of varieties eligible for certification for the crops certified by WSCIA may be obtained by contacting WSCIA, 414 S. 46th Avenue, Yakima, WA 98908, (509) 966-2234.

     (3) The following information is required for submission to an AOSCA National Variety Review Board or other certifying agency for acceptance of a seed variety for certification:

     (a) A statement and supporting evidence by the originator, developer, or owner requesting certification that:

     (i) The variety has been adequately tested to determine its value and probable area of adaptation, and that it merits certification; and

     (ii) The variety is distinguishable from other varieties as set forth in Article 5, International Code of Nomenclature for Cultivated Plants, which reads as follows: "The term cultivar (variety) denotes an assemblage of cultivated individuals which are distinguished by any characters (morphological, physiological, cytological, chemical or others) significant for the purposes of agriculture, forestry, or horticulture, and which, when reproduced (sexually or asexually) retain their distinguishing features."

     (b) A statement on origin and breeding procedure.

     (c) A description of:

     (i) The morphological characteristics, (such as color, height, uniformity, leaf, head or flower characteristics, etc.);

     (ii) Physiological characteristics;

     (iii) Disease and insect reactions; and

     (iv) Any other identifying characteristics of value to field inspectors and other pertinent factors as the breeder or sponsor considers relevant.

     (d) Evidence of performance, including data on yield, insect or disease resistance and other factors supporting the value of the variety. Performance tests may be conducted by private seed firms or agricultural experiment stations, and must include appropriate check varieties, which are used extensively in the area of intended usage.

     (e) A statement giving the suggested region of probable adaptation and purposes for which the variety is used. This includes where the breeder of the variety has tested the variety and anticipates recommending the merchandising of it.

     (f) A description of the procedure for maintenance of stock seed classes. At the time a variety is accepted for certification, a sample lot of breeder seed is presented to the certifying agency. The sample is retained as a control varietal sample against which all future seed stock released for certified seed production may be tested to establish continued trueness of variety.

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     (1) An application for seed certification must be submitted for each crop, variety and field.

     (2) Applications may be obtained from a certified seed processor or the certifying agency listed in WAC 16-302-010.

     (3) The applicant is responsible for payment of all fees. Washington State University, its official agents and USDA Plant Material Center are exempt from paying fees on seed stock.

     (4) The applicant must attach to the application for seed certification official tags/labels and/or other verification from seed stock planted. The applicant must also attach proof of quarantine compliance when required, under chapter 16-301 WAC. Refer to chapter 16-303 WAC for appropriate fees.

     (5) When it is necessary for a grower to reseed due to a failure to get a stand, the grower will retain records of seed lots used and the date of reseeding. Reseeding must be done within two years of the original planting date for grasses or within one year for all other crops. If seed stock of a different lot is used for reseeding, the grower must submit proof of seed stock used on a seedling application form. An additional application fee will be charged.

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     (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) Notification of a seedling field to be harvested for certification the same year of planting is due July 31 with the required fees.

     (i) Bean - July 1.

     (ii) Corn - June 1.

     (2) For seed certified by the WSCIA:

     (a) Buckwheat, field pea, chickpea, lentil, millet, and small grains (both winter and spring varieties) - June 1.

     (b) Soybean - July 1.

     (c) Sorghum - July 15.

     (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 15.

     (b) Grass - May 1.

     (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.

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     (1) Maintain the purity and identity of seed harvested and/or farm stored, and ensures reasonable precaution is taken to control contaminating crops and varieties, noxious weeds, and seed-borne diseases.

     (2) Exercise precaution to prevent seed crop and lot mixture when harvesting.

     (3) Identify the seed crop as it is delivered to the processor with the assigned field number or numbers.

     (4) Clean the seed crop at a seed conditioner approved by the department under WAC 16-302-125. A list of approved seed conditioners may be obtained from the department seed program.

     (5) Comply with standards and procedures for seed certification under the authority of chapter 15.49 RCW and rules adopted thereunder.

     (6) Prior to planting, comply with the quarantine provisions under chapter 16-301 WAC.

     (7) Harvest of seed before a field inspection by the certifying agency causes forfeitures of both the application and field inspection fees, and completion of certification.

     (8) Failure of seed growers to comply with the seed laws and rules is cause for the department to deny certification of seed under the provisions of chapter 34.05 RCW, the Administrative Procedure Act.

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     (2) Crops approved for certification for which rules are not in effect may be certified under the minimum requirements for seed certification as shown in WAC 16-301-010. Fees for certification of seed shall be the most applicable fees established by the department in rule.

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     (1) Mechanical means such as deep plowing.

     (2) Chemical means such as fumigants.

     (3) Other material for seed bed preparation. Materials and methods must be a matter of record. Any practice used must be adequate to ensure varietal purity and must be approved in writing by the certifying agency. Any deviations from established land requirements must be submitted in writing to the certifying agency.

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     (1) A seedling field is inspected at the most appropriate time after receipt of seedling application. If the field produces seed the same year of planting, a seedling producing inspection is made prior to harvest.

     (2) Each year a crop of certified seed is produced, field inspections are made at a time when factors affecting certification are most evident.

     (3) The unit of certification is the entire field standing at the time of inspection. A portion of a field may be certified if the area to be certified is clearly defined by flagging, stakes or other visual means.

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     (2) The presence of prohibited noxious weeds or excessive objectionable weeds may be cause for rejection of a seed field. Excessive weeds, poor stands, lack of vigor, or other conditions which make inspection inaccurate may be cause for rejection. A field producing foundation or registered seed that warrants a rejection because of noxious weeds may be reclassified to certified blue tag class if upon reinspection the field meets certified blue tag standards.

     (3) If a seed field is rejected for certification, the grower may reapply to the certifying agency and pay a fee for reinspection after the cause for rejection is corrected, unless otherwise specified in chapter 16-302 WAC. No more than two reinspections are permitted for each field per year.

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     Persons found guilty of violation or misuse or abuse of these regulations shall be subject to prosecution under chapter 15.49 RCW. Proof of violation may result in removal of privileges of certifying, dealing in or handling certified seed.

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     (2) The entire lot of seed must be cleaned and in condition for sale at the time of sampling. Except for ryegrass which may be sampled under the early sampling program as allowed in WAC 16-302-091.

     (3) The department shall obtain a representative sample for laboratory analysis of each lot of seed for certification. The sample shall be taken in accordance with official sampling procedures. Official sampling procedures are as follows:

     Seed in bags.

     (a) When more than one core is drawn from a bag, follow different paths. When more than one handful is taken from a bag, take them from well-separated points.

     (b) For lots of one to six bags, sample each bag and take a total of at least five cores or handfuls.

     (c) For lots of more than six bags, sample five bags plus at least 10% of the number of bags in the lot. Round numbers with decimals to the nearest whole number. Regardless of the lot size, it is not necessary to sample more than thirty bags.

Ex: No. bags in lots	7	10	23	50	100	200	300	400
No. bags to sample	6	6	7	10	15	25	30	30

     (4) Bulk seed. To obtain a composite sample, take at least as many cores or handfuls as if the same quantity of seed were in bags of an ordinary size. Take the cores or handfuls from well distributed points throughout the bulk.

     (5) Seed in small containers. Seed in small containers shall be sampled by taking the entire unopened container in sufficient number to supply a minimum size sample for testing. The contents of a single container or the combined contents of multiple containers of the same lot shall be considered representative of the entire lot of seed sampled.

     (6) A mechanical sampling device installed in a conditioning plant approved by the department under WAC 16-302-125 may be used in lieu of the sampling procedures above.

     (7) If it is necessary for a sample to be taken by the department, a sampling fee will be charged under provisions of chapter 16-303 WAC.

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     (1) Any company participating in this program must submit a report to the seed program listing the grower, acreage, variety, and field number of each field to be enrolled. This report must be filed by June 15th of each year. For fields that are in their second year of production or beyond, all lab numbers of tests from the previous year must also be provided.

     (2) The seed company is responsible for having their field personnel sample each field in the window. The sample must be obtained from well-distributed points throughout the field. It is recommended that samples be thrashed and cleaned prior to testing. An additional fee will be charged for samples that are not cleaned. Samples must be forwarded to the seed program with the following information: The crop and variety, field number, grower, the name of the seed company, and a request for germination and fluorescence test. The sample must also indicate that it is being submitted under the early sampling program for ryegrass.

     (3) At the time of conditioning the seed, a composite sample must be submitted to the seed program for purity testing. The sample information must indicate the seed is from a field under the early sampling program for ryegrass. In addition to providing complete certification information, the lab number on which the fluorescence test was conducted must also be provided. The seed program may run a fluorescence test on the composite sample to verify the results from the early sample.

     (4) Certification tags will be issued upon completion of all required testing meeting the minimum certification standards for ryegrass. A tagging request must be filed with the seed program.

     (5) Failure to comply with the requirements of this section will result in the disqualification of the seed company from the early sampling program for the year.

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     (2) All seed for certification must be packaged in clean, new containers of uniform weight and identified with a lot number when tagged and sealed. The lot number must identify the producer and year of production for each lot of seed. This requirement may be satisfied by use of a conditioner's code.

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ENGLISH OR COMMON NAME	BOTANICAL OR SCIENTIFIC NAME
Austrian fieldcress	Rorippa austriaca (Crantz) Bess.
Field bindweed	Convolvulus arvensis L.
Hedge bindweed	Calystegia Spp.
Camelthorn	Alhagi maurorum
Canada thistle	Cirsium arvense (L.) Scop.
Dodder	Cuscuta spp.
Hairy whitetop	Cardaria pubescens (C.A. Mey.)
Hoary cress	Cardaria draba (L.) Desv.
Jointed goatgrass	Aegilops cylindrica
Leafy spurge	Euphorbia esula L.
Perennial pepperweed	Lepidium latifolium L.
Perennial sowthistle	Sonchus arvensis L.
Quackgrass	Elytrigia repens (L.) Beauv.
Knapweed complex
Bighead	Centaurea macrocephala
Vochin	Centaurea nigrescens
Black	Centaurea nigra
Brown	Centaurea jacea
Diffuse	Centaurea diffusa
Meadow	Centaurea jacea x nigra
Russian	Acroptilon repens L.
Spotted	Centaurea maculosa
Purple starthistle	Centaurea calcitrapa
Yellow starthistle	Centaurea solstitialis L.
Serrated tussock	Nassella trichotoma
Silverleaf nightshade	Solanum elaeagnifolium Cav.
Sorghum perennial such as, but not limited to, johnsongrass, sorghum almum, and perennial sweet sudangrass	Sorghum spp.
Tansy ragwort	Senecio jacobaea L.
Yellow-flowering skeleton weed	Chondrilla juncea L
White cockle	Silene latifolia (only in timothy)
Bladder campion	Silene vulgaris (only in timothy)
Lepyrodiclis	Lepyrodicilis holsteoides
Velvetleaf	Abutilon theophrasti

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English or common name	botanical or scientific name
Blackgrass	Alopecurus myosuroides
Blue lettuce	Lactuca tatarica
Docks and Sorrel	Rumex spp.
Field pennycress (fanweed)	Thlaspi arvense
Field sandbur	Cenchrus incertus
Halogeton	Halogeton glomeratus C.A. Mey.
Medusahead	Taeniatherum caput-medusea subsp. caputmedusae
Plantains	Plantago spp.
Poverty weed	Iva axillaris Pursh.
Puncturevine	Tribulus terrestris L.
St. Johnswort	Hypericum perforatum L.
Dalmation toadflax	Linaria dalmatica (L.) Mill.
Yellow toadflax	Linaria vulgaris Hill.
Western ragweed	Ambrosia psilostachya DC.
Wild mustard	Sinapis arvensis subsp. arvensis
Wild oat	Avena fatua L.
Gromwell (in small grain)	Buglossoides arvensis
Bedstraw	Galium spp. (in alfalfa only)
Black mustard	Brassica nigra (in rapeseed only)
Brown mustard	Brassica juncea (in rapeseed only)
Wild radish	Raphanus raphanistrum (in rapeseed only)
Dyers woad	Isatis tinctoria

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     (2) Seed certification tags, labels, and seals must be obtained from the certifying agency except as allowed in WAC 16-302-390, and must be attached to seed containers under the supervision of the certifying agency.

     (3) Certification of seed is valid only if the tag, label or seal is affixed to each container in accordance with the AOSCA procedures as shown in WAC 16-301-010.

     (4) No tag, label or seal may be removed and reused without permission of the certifying agency.

     (5) A certified seed sale certificate will be issued upon completion of final certification for all seed to be sold in bulk. This certificate must accompany any shipment or transfers including those to other seed plants, out-of-state shipments or with any brokered seed. The seed plants own invoice may be used in lieu of a certified seed sale certificate for retail sales to growers.

     (6) Seed that fails to meet certification requirements on factors other than genetic purity may be designated substandard at the discretion of the certifying agency. The certification tag or label attached to the seed must clearly show the reason the seed is substandard. Seed may not be tagged substandard if the seed can be remilled to meet minimum seed standards.

     (7) Refer to chapter 16-301 WAC for seed labeling requirements.

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     (1) Seed to be certified seed or any class thereof unless it has been determined by a seed certifying agency that such seed conforms to standards of purity and identity as to species (and subspecies, if appropriate), and variety, in compliance with the rules and laws of that agency pertaining to such seed.

     (2) Seed to be foundation, registered, or certified seed unless it has been inspected and tagged accordingly by a certifying agency as meeting certification standards of the department.

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     (2) A person desiring to condition seed must make application to the department for a permit on a form provided by the department.

     (3) To obtain department approval for a seed-conditioning permit, the department conducts an inspection. A facility must show evidence that:

     (a) Seed for certification is handled in a manner which prevents mixture of lots of seed;

     (b) The seed conditioning facility is maintained and cleaned. Equipment must be easily accessible for cleaning and inspection, and must be cleaned between lots;

     (c) Each lot of seed is identified with a lot number;

     (d) Screenings are disposed of in accordance with chapter 15.49 RCW; and

     (e) Seed is sampled in accordance with WAC 16-301-095 and 16-302-090.

     (4) A seed conditioning facility must be approved by the department prior to handling seed for certification in bulk.

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     (a) Maintains the purity and identity of seed conditioned, stored, transshipped or labeled.

     (b) Complies with the standards and procedures for conditioning and sampling seed in accordance with chapter 15.49 RCW and rules adopted thereunder.

     (2) Prior to shipping seed out-of-state, the seed conditioner must obtain approval from the certifying agency. Refer to WAC 16-302-145 through 16-302-165 for interagency seed certification requirements.

     (3) Records of all operations must be complete and adequate to account for all incoming seed and final disposition of seed.

     (4) The seed conditioner is responsible for seed certification fees including sampling, testing, production and final certification fees, and may request the responsibility for additional fees.

     (5) Failure of a seed conditioner to comply with the seed law and rules is cause for the department to revoke a seed conditioning permit under the provisions of chapter 34.05 RCW, the Administrative Procedure Act.

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     (2) A blend data sheet is filed with the certifying agency and must be maintained by the seed conditioner. Laboratory analysis must be completed before tags are issued.

     (3) Seed must be blended by a seed conditioner approved by the department under WAC 16-302-125.

     (4) A representative of the certifying agency may supervise the blending operation.

     (5) A tetrazolium test may be used in lieu of a germination test.

     (6) Upon approval of the certifying agency, field run lots of seed may be commingled to facilitate conditioning. The blend fee shall not apply.

     (7) Remill lots of seed may be blended prior to testing to facilitate processing.

     (8) Individual lots of grass seed shall not contain more than one hundred eighty per pound and alfalfa and clover shall not contain more than ninety per pound of objectionable weed seeds.

     (9) Individual lots must be free of prohibited noxious weed seeds.

     (10) Two or more sod quality lots may be blended and tagged as a "sod quality mixture or blend." Appropriate tags will be issued and blend fee shall be applicable.

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     (1) The calculated percent of impurities (weeds, crop, inert, etc.) is twenty percent less than the maximum allowed in rules for seed certification.

     (2) The calculated percent of germination is not less than the minimum germination standard established in the rule for seed certification.

     (3) All seed lots blended meet certification standards.

     (4) All lots of seed used in a registered class blend must meet registered class purity and germination standards.

     (5) Fees for blending are payable to the department by the person requesting permission for the blend after completion of lab analysis. Refer to chapter 16-303 WAC for the appropriate fee.

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     (2) The general rules for seed certification and specific certification standards are basic and together with WAC 16-302-150 through 16-302-165, constitute the rules for interagency certification for Washington state.

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     (a) Variety and species;

     (b) Quantity of seed;

     (c) Class of seed; and

     (d) Field or lot number traceable to the previous certifying agency's records.

     (2) Seed tagged and sealed with official certification tags is eligible for interagency certification without obtaining approval from the certifying agency of the originating state.

     (3) An "interagency certified seed" report form must be submitted to all certifying agencies involved. Forms can be obtained from the department seed program. Information required to complete the form includes:

• Address of shipper

• Destination

• Shipping weight

• Lot number

• Grower name

• Field number

• Date of seed shipment

• Amount of seed used

• Receiving weight and lot number

• Clean weight

• Bag count

• New lot number if different than the receiving lot number

• Screenings weight

     (4) Certified seed not tagged and sealed with official certification tags must follow the interagency certification procedure in WAC 16-302-155.

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     (1) The interagency seed certification procedure for field pea, lentil, soybean, small grain and sorghum seed is as follows:

     (a) A certified seed sale certificate must be executed by the department for unprocessed seed pending final certification when moved out-of-state.

     (b) Unprocessed seed pending final certification is subject to all certification fees when moved out-of-state.

     (2) The interagency seed certification procedure for all other kinds of seed except field pea, lentil, soybean, small grain and sorghum seed shipped out-of-state is as follows:

     (a) Obtain approval of all certifying agencies involved prior to shipment:

• Complete section (A) of "interagency certified seed" report referred to in WAC 16-302-150(3). Prior to shipment one copy of the "interagency certified seed" report must be submitted to the department seed program and one copy to the certifying agency where seed is being processed.

• Clearly mark each container with the lot number and Washington field number.

     (b) Upon completion of seed processing, sections (B) and (C) of "interagency certified seed" report referred to in WAC 16-302-150(3) must be completed and submitted to the department seed program.

• If the department is to finalize certification, a representative of the certifying agency in the receiving state must draw an official sample. The sample must be submitted to the department seed program.

• When Washington state certification tags are used, the lot must be tagged and sealed under supervision of the department. The applicant must pay a mileage fee and hourly rate for all additional mileage and travel time required.

• When Washington state interagency tags are used, the tags must be mailed to the nearest representative of the certifying agency having jurisdiction for tagging.

     (c) If another state receives seed and finalizes certification, the department must advise the receiving state's certifying agency of certification eligibility. Sampling, testing, and tagging shall be in accordance with the receiving state's requirements.

     (d) The applicant for interagency seed certification is responsible for all fees authorized under Washington's certification program and any additional fees that may be assessed by both agencies involved. Fees for Washington's interagency certification program must be paid upon submission to the department of the "interagency certified seed" report, section (A).

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     (2) Certified seed produced out-of-state that is officially tagged and sealed must be handled under the interagency program if seals are to be broken for reinoculation or other processing. The applicant for interagency seed certification must obtain approval from the department prior to breaking the official seals and all operations must be under the supervision of the certifying agency.

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     (2) Any crop certification standard that is based on a number per pound will be derived from a test based on the minimum weight for noxious weed seed examination as specified in the 2000 AOSA rules for that crop unless otherwise specified in rule.

     (3) For species that have a high rate of inherent dormancy, it will be acceptable to use the percent of total viability instead of germination percentage for certification only. State and federal seed laws require seed be labeled on a germination test.

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     (2) Varieties eligible for OECD certification.

     (a) Crop varieties of Unites States origin shall be eligible for OECD certification only if accepted into Washington state's certification program.

     (b) Crop varieties, of origin other than United States, are eligible for OECD certification only if listed in OECD publication, List of Cultivars Eligible for Certification.

     (3) Classes of seed eligible for OECD certification.

Washington and U.S. Seed Classes	Label Color	Equivalent OECD Seed Classes	OECD Label Color
Breeder	- - - - - - - - - - - -	Prebasic	- - - - - - - - - - - -
Foundation	White	Basic	White
Registered	Purple	Basic	White
Certified	Blue	1st Generation Certified Seed	Blue
Certified produced from Certified	Blue	2nd Generation Certified Seed	Red

     (a) Breeder or prebasic shall be planted to be eligible to produce basic white label.

     (b) Foundation white label, registered purple label, or basic white label shall be planted to be eligible to produce 1st generation blue label.

     (c) Certified or 1st generation blue label shall be planted to be eligible to produce 2nd generation red label.

     (4) OECD seed stock sample. Each lot of OECD seed stock shall be sampled under supervision of the certifying agency before seals are broken. Samples are used as control for grow out test and a portion may be submitted to seed laboratory for analysis if deemed necessary. Seed stock lots without official tags will not be granted OECD approval.

     (5) The department must obtain approval from the originating country for each OECD seed stock lot to be planted in the state of Washington for OECD production. Request for OECD approval is submitted by the seed program to ARS-Beltsville, Maryland, which then contacts the originating country.

     (6) Application for OECD certification and fees.

     (a) Applicant desiring plantings to be eligible for OECD certification must submit applications and fees as required for certification of that crop under Washington state's certification standards. Certification requirements and procedures for each species shall be the genetic standards in Washington state's certification program supplemented by OECD standards and by the limitations specified by originating country; such as, length of stand and number of seed crops eligible. All OECD seed shall be officially sampled and tested prior to tagging. Seed lots may not be required to meet Washington's minimum purity or germination certified seed standards.

     (b) Washington OECD eligible lots may, with approval of both agencies involved, be blended with OECD eligible seed of other state agencies. The applicant is responsible for all fees of both agencies involved.

     (c) Seed produced out-of-state and processed in Washington must be OECD tagged by the state of origin.

     (7) OECD tagging and sealing. OECD tags shall be printed and issued according to OECD rules. The department seed program shall issue an OECD reference number; e.g. (USA-W-78-000), which is printed on each tag. The department recommends that OECD reference numbers be stenciled on each bag. Additional statements on the OECD tag such as, "date of sealing," etc. must be kept to a minimum.

     (8) Bagging sample of OECD lot. A bagging sample of each lot of OECD seed tagged is drawn under supervision of the certifying agency. One hundred to two hundred fifty grams of the sample must be held for the originating country, and the balance of the sample is used for required post control grow-out tests.

     (9) OECD certificate. The seed program shall issue an OECD certificate showing:

     (a) Species,

     (b) Variety,

     (c) Reference number,

     (d) Date of sealing,

     (e) Number of containers,

     (f) Weight of lot, class of seed, and

     (g) OECD reference number of seed stock used for each lot tagged and sealed upon receipt of tagging report and bagging sample.

     One copy of the OECD certificate is to be mailed to the shipper, one copy is mailed to ARS-USDA, one copy is attached to bagging sample and one copy is for department seed program files.

     (10) OECD grow-out tests. As prescribed by OECD rules, at least one of four domestic lots tagged and all lots of foreign varieties OECD tagged must be planted in grow-out tests.

     (11) Special OECD fees. In addition to fees required by applicable Washington certification rules, an additional fee shall apply to all seed tagged OECD. Refer to chapter 16-303 WAC for the appropriate fee.

     All fees are payable by the person requesting OECD certificate.

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     (2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

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     (1) Prior to stand establishment an alfalfa seed crop of the same kind must not have been grown or planted on the land for four years for the production of foundation or registered class or one year for the production of certified class; except two years are required for the production of certified class seed of varieties adapted to the northern and central regions following varieties adapted to the southern region.

     (2) Reseeding of an alfalfa seed field due to failure or partial failure of the first seeding may be done by referring to the guidelines in WAC 16-302-045(5).

     (3) Ditchbanks, roadways, etc. adjacent to a certified alfalfa seed field must be free of volunteer alfalfa and prohibited noxious weeds.

     (4) Volunteer alfalfa plants in the alfalfa seed field may be cause for rejection or reclassification of a seed field.

     (5) No manure or other contaminating materials may be applied during the establishment and production period of the alfalfa seed stand.

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     (1) Alfalfa seed crop for certification must be isolated from all other alfalfa varieties or fields of the same variety not meeting varietal purity requirements for certification as follows:

	Fields less than five acres	Fields five acres or more
Foundation	900 feet	600 feet
Registered	450 feet	300 feet
Certified	165 feet	165 feet

     (2) Isolation between different classes (generations) of the same variety of alfalfa seed crop must be as follows:

Class Being Produced	Distance required from fields planted with:	Fields less than five acres	Fields five acres or more
Foundation	Foundation or Registered	225 feet	150 feet
Registered	Registered or Certified	115 feet	75 feet
Certified	Certified	75 feet	45 feet

     (3) In cases where an adjoining field is planted with a different variety of alfalfa, or alfalfa of a lower class, isolation may be obtained by measuring off the required strip in the certified seed crop field. This isolation strip may be mowed for hay or it may be harvested for uncertified seed under the following conditions:

     (a) The grower must apply for certification of the entire alfalfa seed field and clearly stake off the isolation strip. The entire field must pass all certification requirements, except for isolation at time of inspection. The field report will show rejection due to lack of isolation.

     (b) The grower must harvest and deliver to a department approved conditioning plant the seed from the certified portion of the field separately from the seed from isolation strip. After the seed is weighed and lotted in, the weight of the seed from the isolation strip is to be reported to the seed program. At this time the seed program records will indicate the field has passed certification.

     (4) Isolation is not required in an alfalfa seed field producing certified class seed when the isolation zone is less than ten percent of the entire field being certified if there is a clear ten-foot line of demarcation between adjacent varieties. The isolation zone is the area calculated by the length of the common border with other varieties by average width of the certified field falling within the one hundred sixty-five-foot isolation distance requirement.

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	Field Producing*
	Foundation	Registered	Certified
Other varieties	0.1%	0.5%	1.0%
Sweet Clover	none found	5 plants/acre	10 plants/acre
Red Clover	none found	4 plants/acre	20 plants/acre

*	Prohibited noxious weeds must be controlled to prevent seed formation.

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Purity	Foundation	Registered	Blue Tag Certified
Pure seed (minimum)	99.00%	99.00%	99.00%
Other crops (maximum)	.10%	.10%	.25%
Sweet clover (maximum)	none found	none found	90 per lb.
Inert matter (maximum)	1.00%	1.00%	1.00%
Weed seed (maximum)	.10%	.20%	.25%
Objectionable weed seeds (maximum)	none found	none found	18 per lb.
Germination (Min. total of germination and hard seed)	80.00%	85.00%	85.00%
or Tetrazolium (Min. total of Tetrazolium and hard seed)	82.00%	87.00%	87.00%

     (2) Alfalfa seed must be free of prohibited noxious weed seeds and foundation class must be free of Brassica spp.

     (3) One pound of seed will be examined for the presence of dodder.

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     (2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

     (3) Prior to the planting of bean seed stock, the seed must be in compliance with the quarantine requirements found in chapter 16-301 WAC in order to be eligible for certification. Any seedling application submitted without proof of quarantine compliance will not be accepted into the certification program. Any seed field planted in violation of chapter 16-301 WAC will be subject to the procedures in WAC 16-301-435, 16-301-440, and 16-301-485.

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     "Adzuki bean" means Vigna angularis.

     "Dominant I-gene cultivar" means a cultivar that has resistance to all known strains of bean common mosaic virus (B.C.M.V.) due to the presence of the dominant I-gene. Dominant I-gene cultivars will not show mosaic mottle symptoms or transmit the virus through seed when inoculated with any strain of B.C.M.V.

     "Diseases" means those viral, fungal, and bacterial diseases of beans enumerated in WAC 16-494-013 and any new variations or strains of these identified in the future.

     "Recessive I-gene cultivar" means a cultivar that may be susceptible to some strains of bean common mosaic virus and may show mosaic mottle symptoms.

     "Seed-borne viral diseases" includes bean common mosaic virus, adzuki common mosaic virus, and other similar viral diseases causing mosaic mottle and other symptoms similar to those of bean common mosaic virus.

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     (1) A field to be eligible for the production of certified class must not have been planted to beans of a different variety the preceding three years.

     A field to be eligible for the production of foundation or registered classes must not have been planted to beans for the previous three years unless those beans were of the same variety of equal or higher class. The fields must be free of bacterial diseases during the previous two years of planting.

     (2) A bean field is not eligible for production of certified seed for more than two consecutive years.

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	Field Producing*
	Foundation	Registered	Certified
Other varieties or off-type plants	none found	0.1%	0.2%
Other crops	none found	0.1%	0.1%
Total seed-borne diseases**	none found	none found	none found

*	Except as noted in subsection (6) of this section.

**	Except as noted in subsection (7) of this section.

     (2) Snap and kidney beans must be isolated by 1320 feet from known bacterial blight.

     (3) The following requirements apply to bean seed certification:

     (a) Pintos, red mexicans, pinks, great northern, small whites, navy beans, and black turtle beans may be grown for an unlimited number of generations under rill or sprinkler irrigation.

     (b) Kidney beans, cranberry types, Taylor horticultural types, and Borlotto types may be grown for an unlimited number of generations under rill irrigation or for one generation under rill irrigation and, subsequently, for two generations under sprinkler irrigation. The fourth and unlimited subsequent generations may be grown and inspected with the same alternation of irrigation types.

     (4) Bean fields must be rogued of weeds, off-type plants, volunteer plants, and plants showing symptoms of seed-borne diseases. Excessive nightshade shall be a cause for rejection.

     (5) For a bean field to be eligible for certification it must be clean and have boundaries that are clearly defined and a minimum of 36" which is adequate to prevent mechanical contamination.

     (6) Excessive weeds, poor stands, lack of vigor, or any other condition which is apt to make inspection inaccurate may be cause for rejection of a bean field.

     (7) Bean fields, including those planted with a dominant I-gene cultivar, are allowed the following levels of bean seed-borne virus diseases in the field: For foundation class, none; for registered class, .5% and for certified class 1.0%.

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     (1) When factors affecting certification are most evident. The second inspection, when required, shall be a windrow inspection.

     (2) A serology or a grow out test to verify presence of seed-borne diseases in beans may be required if the applicant, or the certifying agency deems it necessary as allowed under WAC 16-301-480(1).

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     (1)

Purity	Foundation	Registered	Certified
Pure seed (Min.)	98%	98%	98%
Other crops & varieties (Max.)	none found	none found	2/100 lbs.
Badly damaged seed (Max.)		2%	2%
Inert matter (Max.)		2%	2%
Splits (Max.)		2%	2%
Weed seed (Max.)		none found	none found
Germination (Min.)		85%	85%

     (2) Total inert matter, splits, and badly damaged bean seed shall not exceed 2% except for foundation class.

     (3) Laboratory test reports state the percent of discolored beans for information only.

     (4) Rough handling of bean seed in the combine or cleaning plant reduces germination materially. Precautions must be taken against such treatment and the seed safeguarded against high drops.

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     (2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

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     (1) Foundation corn inbred lines:

     (a) For the purposes of corn seed certification, the propagation of male sterile inbred lines is subject to the same requirements and rules as apply to foundation single crosses in subsection (2) of this section.

     (b) An inbred line must be a relatively true breeding strain of corn resulting from at least five successive generations of controlled self-fertilization; or at least five generations of back-crossing to a recurrent parent with selection; or its equivalent.

     (c) Inbred lines increased by hand pollination are eligible for corn seed certification.

     (d) An inbred used as a pollinator in a foundation single cross production corn field may be certified if all the seed parents in the isolated corn field are inspected for certification and meet all field requirements for certification.

     (e) Addition of specific genetic factors to a line of corn.

     (i) When a specific genetic factor(s) is added to an inbred line, the line must be backcrossed to its recurrent parent at least five generations. The line shall be homozygous for the specific genetic factor(s) except for the pollen restoration factor(s), and the genic male sterile maintainer line.

     (ii) For a recovered pollen restorer inbred line, selection must be relative to a specific cytoplasmic male sterile source.

     (iii) The originator must supply proof of the genetic nature of a recovered line.

     (iv) A genic male sterile maintainer line, consisting of duplicate-deficient and male-steriles in an approximate one to one ratio must be no more than two generations removed from breeder's seed. The maintainer must be designated according to generation as:

     (A) Breeder seed: The hand pollinated selfed seed from a known duplicate-deficient plant heterozygous at a particular male sterile locus.

     (B) Foundation I seed: The product of random-mating among fertile plants arising from breeder seed.

     (C) Foundation II seed: The product of random-mating among fertile plants arising from foundation I seed.

     (v) A genic male sterile line must be a strain homozygous for a particular male sterile recessive allele.

     (vi) The genic male sterile lines shall be identified as to the recessive genes they carry, e.g., B37 ms-1, N26 ms-10. The maintainer lines must be identified not only for the male sterile gene for which it is heterozygous, but also for the specific translocation from which it was derived, e.g., B37 Mt-1 ms-1, N28 Mt-1 ms-10.

     (2) Foundation corn single crosses:

     (a) Foundation single cross. A foundation single cross must consist of the first generation of a cross between: Two inbred lines; an inbred line and a foundation back cross; or two foundation back crosses.

     (b) Foundation back-crosses:

     (i) A first generation foundation back cross must be the first generation cross between a foundation single cross of related inbred lines and an inbred line which must be the same as one of the inbreds in the foundation single cross.

     (ii) A second generation foundation back cross must be made by using a first generation back cross as the seed parent and the pollinating parent shall be an inbred line. The inbred line must be the same as the inbred parent used in making the first generation back cross seed parent.

     (c) A male sterile line may be substituted for its fertile counterpart as one parent of a foundation single cross if the male sterile line has been backcrossed for not less than five generations to its fertile counterpart, or the male sterile line is the same in other characteristics as its fertile counterpart.

     (d) Male sterile lines propagated by hand pollination will be are eligible for certification.

     (e) A pollen restoring line may be substituted for its nonrestoring counterpart in a foundation single cross if the pollen restoring line is the same in other characteristics as its nonrestoring counterpart.

     (3) Hybrid corn seed:

     (a) Hybrid corn seed is seed to be planted for the production of feed or for use other than seed. It may be any one of the following:

     (i) Double cross - the first generation cross between two foundation single crosses.

     (ii) Three-way cross - the first generation cross between a foundation single cross as one parent and an inbred line or a foundation back cross as the other parent.

     (iii) Single cross must consist of the first generation of a cross between: Two inbred lines; an inbred line and a foundation back cross; or of two foundation back crosses.

     (b) Foundation single cross seed and foundation back cross seed planted for the production of double cross, single cross, or three-way cross hybrid corn seed must be completely certified by a recognized seed certifying agency.

     (c) Inbred line seed planted for the production of single cross or three-way cross hybrid corn seed to be used for grain or forage production must meet the requirements for the definition of an inbred line (as provided for in subsection (1)(b) of this section) and be certified.

     (d) Only the class "certified" is recognized.

     (4) Inbred seed and the seed of each parent for single crosses must meet one of the following requirements:

     (a) Be in the hands of the originator;

     (b) Be a line obtained directly from the originator;

     (c) Be a line obtained from a state agricultural experiment station;

     (d) Be a line obtained from the United States Department of Agriculture; or

     (e) Be certified. Evidence of eligibility must be a certification tag taken from the seed planted.

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     (1) Corn seed isolation requirements are:

     (a) An inbred must be so located that it is not less than 660 feet from other corn except when the inbred is grown as a pollinator in a single cross production field. Any ear parent(s) in the same isolated field must be entered for certification, inspected, and meet all field requirements for certification.

     (b) A specific foundation single cross must be located so the seed parent is not less than six hundred and sixty feet from other corn for pollinator rows and other seed parent(s) in the same isolated field. All seed parent(s) in the same isolated field must be applied for certification, inspected, and meet all field requirements for certification.

     (c) Differential maturity dates are permitted for modifying isolation distances for inbred lines or male sterile inbred line increases if there are no receptive silks in the ear or seed parent at the same time pollen is being shed in the contaminating field.

     (d) Foundation inbred or single cross production fields of dent sterile popcorn need not be isolated from yellow dent field corn.

     (e) Corrections for improper isolation must be made by one of the following methods:

     (i) By completely destroying or by detasseling the necessary contaminating corn before silks appear in the ear or seed parent in the field to be certified; or

     (ii) By completely destroying the plants which are improperly isolated from the contaminating corn before the final field inspection.

     (2) For corn single crosses, nine feet is the maximum distance a seed parent row must be from a pollen parent row.

     (3) For corn single crosses, the minimum population of pollen shedding plants per acre is two thousand. Ineffective pollen parent plants must not be counted.

     (4) Corn single cross fields being inspected for certification must contain not less than four hundred pollen plants per acre that are actively shedding pollen when more than twenty-five percent of the seed parent silks are apparently receptive.

     (5) Corn single cross detasseling or pollen control. More than five percent of the seed parent must have apparently receptive silks for the following provisions to apply. Apparently receptive silks are emerged silks which are not wilted or brown.

     (a) An isolation of a specific foundation single cross is not accepted for certification if at one inspection more than one-half percent of the stalks of the seed parent have shed pollen, or if the total number having shed pollen on any three days of inspection exceeds one percent.

     (b) Cytoplasmic male sterile seed parent plants; detasseling (cutting or pulling) to control plant pollen is permitted.

     (6) Corn field roguing:

     (a) Definitely off-type plants must be destroyed completely so that suckers do not develop. Plants showing definite hybrid vigor or a definitely different type from the inbred or parent being inspected are classified as definitely off-type.

     (b) For inbred lines, an isolation in which more than one-tenth of one percent (one per one thousand) of definitely off-type plants have shed pollen, when at the same time more than five percent of the plants have apparently receptive silks, is not certified.

     (c) For single crosses, an isolation in which more than one-tenth of one percent of definitely off-type plants are present in the seed parent, when the silks have turned brown, is not eligible for certification.

     (d) Sucker tassels and portions of tassels of off-type plants is counted as shedding pollen when two inches or more of the central stem, the side branches, or a combination of the two has the anthers extended from the glumes.

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     (1) Hybrid corn seed isolation:

     (a) A specific hybrid must be located so that the seed parent is not less than six hundred and sixty feet from corn of a different color or texture with the following exceptions:

     (i) Hybrid seed production fields of dent sterile popcorn need not be isolated from yellow dent field corn; or

     (ii) When the contaminating corn is of a different color or texture aggregating less than one-fourth acre on one exposure, the isolation distance may be modified in accordance with the table listed in this section.

     (2) A specific hybrid corn must be located so that the seed parent is not less than four hundred and fifteen feet from other corn of the same color or texture. The planting of pollen parent border rows and the size of the crossing field according to the following table may modify this distance.

Field Size* = 1-20 Acres		Field Size* = 21 Acres or more
Distance from other corn in feet	Minimum border rows required	Distance from other corn in feet	Minimum border rows required
415	0	415	0
395	1	375	1
375	2	330	2
355	3	290	3
330	4	250	4
310	5	210	5
290	6	165	6
270	7	125	7
250	8	85	8
230	9	45	9
210	10	less than 45	10
185	11
165	12
145	13
125	14
105	15
85	16

*	Different dates of planting will not divide a field for isolation purposes but may divide the field for detasseling inspection.

     (a) The border rows and pollen parent rows must be planted with certified first generation seedstock, must be shedding pollen simultaneously with silk emergence of the seed parent and must not be separated from the seed parent by more than thirty-three feet.

     (b) A field planted with the same eligible pollen parent may be used as an isolation buffer if it is applied for certification, inspected and meets field requirements for certification.

     (c) Full credit is not given where poor stands of border corn exist, where the border rows have been detasseled, or where, for any reason, the border rows are not shedding pollen as plentifully as the pollen parent rows. Because of the difficulty of obtaining and maintaining a good stand of corn, the planting of more than the minimum number of border rows is recommended.

     (d) The maximum distance a seed parent row shall be from a pollen parent row is fifteen feet.

     (3) Corrections for improper isolation of hybrid corn must be made by one of the following methods:

     (a) By completely destroying or by detasseling the necessary contaminating corn before silks appear in the seed parent in the field to be certified; or

     (b) By completely destroying the seed producing plants that are improperly isolated from contaminating corn before the final field inspection.

     (4) Hybrid corn detasseling or pollen control. More than five percent of the stalks of the seed parent must have apparently receptive silks for the following provisions to apply. Apparently receptive silks are emerged silks which are not wilted or brown.

     (a) An isolation is not accepted for certification if upon inspection by the certifying agency more than one percent of the stalks of the seed parent have shed pollen, or if the total number having shed pollen on any three days of inspection exceeds two percent.

     (b) When more than one combination of hybrid corn is grown in the same isolation and the seed parent of one or more is shedding pollen in excess of one percent, all seed parents having five percent or more apparently receptive silks at the time is disqualified for certification unless adequately isolated from the shedding seed parent.

     (c) Sucker tassels and portion of tassels are counted as shedding pollen when two inches or more of the central stem, the side branches, or a combination of the two have the anthers extended from the glumes.

     (5) A male sterile seed parent may be used to produce certified hybrid corn seed by either of two methods:

     (a) Seed of the normal fertile seed parent is mixed with the seed of the male sterile seed parent of the same pedigree either by blending in the field at harvest or by size at conditioning time. The ratio of male sterile seed parent seed to normal seed parent seed does not exceed two to one.

     (b) The male parent involves a certified pollen restoring line or lines so that not less than one-third of the plants grown from the hybrid corn seed produce pollen that appears to be normal in quantity and viability.

     (6) Hybrid corn roguing:

     (a) Definitely off-type plants in a parent line planted for the production of single cross or three-way cross hybrid corn seed to be used for grain or forage production must be completely destroyed so that suckers do not develop.

     (b) Plants showing definite hybrid vigor or a definitely different type from the parent being inspected must be classified as definitely off-type.

     (c) An isolation in which more than two-tenths of one percent of definitely off-type plants in the parent or parents have shed pollen, at a time when more than five percent of the seed parent plants have apparently receptive silks, is disqualified for certification.

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(1)	Genetic Factor	Standard Certified Class
	Other varieties and off-types (maximum)	0.5%
	Off-textured kernels in opaque 2, flowery 2 and waxy (maximum)	1.0%
(2)	Quality Factors	Standards
	Pure seed (minimum)	98.0%
	Total other crops - including other varieties (maximum)	0.5%
	Total weed seed (maximum)	None found
	Total inert matter (maximum)	2.0%
	Germination (minimum)	90.0%
	Moisture (maximum)	14.0%

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     (1) Foundation single crosses and inbred lines is either inspected in the ear or included in a winter growout.

     (2) Foundation corn single crosses and inbred lines for ear inspection are inspected by the certifying agency after the applicant for seed certification indicates the seed is sorted and ready for inspection.

     (3) A corn seed lot must not contain in excess of one-tenth of one percent of definitely off-type ears, or more than five-tenths of one percent of ears with off-colored or different textured kernels which would not exceed a total of twenty-five off-colored seeds, or different textured kernels per one thousand ears.

     (4) Winter growouts for foundation corn single crosses and inbred lines:

     (a) When differential maturity dates or detasseling within the required isolation distance are permitted for modifying isolation distances for corn foundation male sterile inbred line increases or foundation inbred lines, winter growouts are required in addition to other standards.

     (b) The applicant may choose to have a winter growout in lieu of ear inspection.

     (c) Seed shelled before ear inspection must be included in a winter growout.

     (d) Standards for winter growouts are:

     (i) Percentage of off-types allowed must not exceed one percent.

     (ii) Growouts are made on one round and/or flat separation, or on individual grade sizes.

     (iii) The inspection fee for winter growouts are charged to the applicant for seed certification at actual cost.

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     (2) Each lot of seed stock subject to the annual bluegrass and rough bluegrass quarantine as established in chapter 16-301 WAC must be in compliance with the quarantine requirements prior to planting in order to be eligible for certification. Any seedling application submitted without proof of quarantine compliance will not be accepted into the certification program. Any seed field planted in violation of chapter 16-301 WAC will be subject to the violation procedures under WAC 16-301-295 and 16-301-355.

     (3) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

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     (a) A grass field planted with breeder seed for the production of foundation seed must not have been seeded to the same species, subspecies, variety, or strain of grass during the preceding five years of planting. The field must be planted in spaced rows. The five-year eligibility may be waived to three years with the use of fumigants and other short-term soil sterilization chemicals with prior approval of the certifying agency.

     (b) A grass field planted with foundation seed for the production of registered seed must not have been seeded to the same species, subspecies, variety, or strain of grass during the preceding three years.

     (c) A grass field planted with foundation, registered, or certified seed for the production of certified seed must not have been seeded to the same species, subspecies, variety or strain of grass during the preceding year from planting unless the previous planting was of the same variety and eligible to produce foundation, registered or certified seed.

     (d) Reseeding of a grass field because of failure or partial failure of the first seeding may be done by referring to the guidelines in WAC 16-302-045(5).

     (e) Grasses of the same kind growing in fencerows and other areas adjacent to the field must be controlled to prevent blooming.

     (f) Prohibited noxious weeds in the field, or on ditchbanks, roadways, etc., adjacent to a certified field shall be controlled to prevent seed formation.

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     (a) A seed field eligible for the production of foundation, registered or certified seed must be isolated from any other variety or strain of the same species in accordance with the requirements in the following table:

	Minimum Isolation Distance Required for Fields Producing:
Symbol for Type of Reproduction	Foundation	Registered	Certified
Strains at least 80%
Apomictic A	60 feet	30 feet	15 feet clean fallow
Highly Self-Fertile Species -- S	60 feet	30 feet	15 feet clean fallow
All cross-pollinated
Species -- C	900 feet	300 feet	165 feet

     (b) A seed field that is eligible for the production of foundation or registered seed must be isolated from different classes of the same variety of cross-pollinated (C) species in accordance with the requirements in the following table:

Class Seed Planted	Class Seed Produced	Distance Required From Nearest Field Producing:
Breeder	Foundation	Registered		150 feet
Breeder	Foundation	Certified		225 feet
Foundation	Registered	Certified		75 feet

     (c) Isolation is not required in fields producing certified class seed when the isolation zone is less than ten percent of the entire field being certified if there is a clear (ten feet) line of demarcation between adjacent varieties. The isolation zone is the area calculated by the length of the common border with other varieties by average width of the certified field falling within the one hundred sixty-five feet isolation distance requirement.

     (d) A field eligible for the production of foundation, registered or certified seed must be isolated from classes of the same variety of apomictic (A) and self-fertile (S) species in accordance with the following requirements:

     (i) A field producing foundation or registered seed must be a minimum of fifteen feet from a field planted with a different class of the same variety.

     (ii) A field producing certified seed must be a minimum of five feet from a field planted with a different class of the same variety.

     (e) If it is not possible to provide minimum isolation distances for fields producing foundation, registered or certified seed exceeding five acres in area, border removal is permitted. Border removal requires removal of the portion of the field being certified that is adjacent to a contamination source. The following requirements apply if the grower uses border removal:

     (i) The minimum distances required for border removal are as follows:

	Minimum Isolation Distance Required for Fields Producing:
Border to be removed from the field being certified		Foundation	Registered	Certified
0 feet		900 ft.	300 ft.	165 ft.
15 feet		450 ft.	150 ft.	75 ft.

     (ii) The grower must apply for seed certification of the entire field and clearly stake off the border removal portion before inspection of the field by the certifying agency.

     (f) The border removal portion of the field may be harvested for uncertified seed under the following conditions:

     (i) The entire field must pass all certification requirements except for isolation at time of inspection. The field report will show rejection due to lack of isolation.

     (ii) The grower must harvest and deliver to a department approved conditioning plant the seed from the certified portion of the field separately from the seed from the isolation strip. After the seed is weighed and lotted in, the weight of the seed from the isolation strip is to be reported to the seed program. At this time the seed program records will indicate the field has passed certification.

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     Maximum other varieties permitted in fields producing:

Foundation:	0%
Registered:	0.5%
Certified:	2%

     (2) Prohibited noxious weeds must be controlled to prevent seed formation.

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SEED STANDARDS

(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 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.

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     (a) Option A - certification is based on pounds of seed sampled, and billed at completion of required laboratory tests, the fees are:

     (b) Option B - certification is based on dealers requesting sampling and tagging privileges. Seed dealers must sign a memorandum of agreement with the department that expires on June 30 of each year. The memorandum may be terminated by the director if the dealer violates certification standards or requirements of memorandum. Payment of fees is the responsibility of the conditioner under this program. Upon termination or nonrenewal of the memorandum of agreement, the dealer is responsible for Option A fees on all certified seed not tagged at termination date. A dealer choosing this program must handle all certified grasses in his warehouse under this program for the entire crop year.

     Fees are as established in chapter 16-303 WAC.

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     (2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

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Variety	Minimum Purity	Minimum Germination	Maximum* Other Crop	Maximum**Weed
Kentucky Bluegrass	97%	80%	0.1%	.02%
Red Fescue	98%	90%	0.1%	.02%
Chewings Fescue	98%	90%	0.1%	.02%
Tall Fescue	98%	85%	0.1%	.02%

*	Must be free of ryegrass, orchardgrass, timothy Agrostis sp., black medic, Poa trivialis, brome, reed canarygrass, tall fescue, clover, and meadow foxtail. Maximum allowable Canada bluegrass .02%. When the base sample is one of these kinds, the species will not be considered a contaminant (i.e., tall fescue in tall fescue).
**	Must be free of Big, Canby and Sandberg bluegrass, dock, chickweed, crabgrass, plantain, short-awn foxtail, annual bluegrass, velvetgrass, rattail fescue and noxious weed seeds as listed under WAC 16-302-100 and 16-302-105.

     (2) Seed standards for sod quality ryegrass seed are as follows:

Variety	Minimum Purity	Germination	Other Crop*	Maximum***Weed
Ryegrass**	98%	90%	0.10%	.02%

*	Must be free of black medic, orchardgrass, timothy, Agrostis sp., Poa trivialis, brome, reed canarygrass, tall fescue, clover and meadow foxtail. Maximum allowable Canada bluegrass 0.02%.
**	Maximum fluorescence levels as determined by breeder or variety owner.
***	Must be free of Big, Canby and Sandberg bluegrass, rattail fescue, dock, chickweed, crabgrass, plantain, annual bluegrass, velvetgrass, short-awn foxtail, and noxious weed seeds as listed under WAC 16-302-100 and 16-302-105. An additional 0.07% of weedy Bromus spp. will be allowed.
****	85% minimum germination allowed on ryegrass varieties as designated by the breeder or variety owner. See list maintained by the seed program.

     (3) A sod seed analysis certificate is the basis of determining if a lot meets sod quality standards. This certificate is issued by the certifying agency and represents a purity analysis, a twenty-five gram noxious all weed all crop exam, a ten gram Poa annua check and a germination test on an official sample except a 50-gram noxious all weed all crop exam is required for fescues and ryegrass.

     (4) In addition to a seed certification tag, seed meeting sod quality certified seed standards will be tagged with a special "sod quality seed" tag.

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     (2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

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     (1) A field planted for all foundation, registered, and certified classes of sudangrass seed must not have grown or been seeded to sudangrass or sorghum during the preceding two years.

     (2) Reseeding of a field, because of failure or partial failure of the first seeding may be done by referring to the guidelines in WAC 16-302-045(5).

     (3) Prohibited noxious weeds in the field and on ditchbanks, roadways, etc., adjacent to a certified field shall be controlled to prevent seed formation.

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(a)	Foundation seed field . . . . . . . . . . . .	1 plant/50,000 plants
(b)	Registered seed field . . . . . . . . . . . .	1 plant/35,000 plants
(c)	Certified seed field . . . . . . . . . . . .	1 plant/20,000 plants

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Purity	Foundation	Class Registered	Certified
Pure seed (min.)	98.0%	98.0%	98.0%
Inert material (max.)	2.0%**	2.0%**	2.0%**
Other crop (max.)	0.01%	0.03%	0.08%
Weed seed (max.)	0.10%	0.10%	0.10%
Prohibited or restricted noxious weed seeds	none found	none found	none found
Germination (min.)	85.0%	85.0%	85.0%

**	Inert matter must not contain more than 0.5% of material other than seed fragments of the variety under consideration.

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     (1) A blend data sheet, including proof of certification, verifying the origin and the certifying agency along with the analysis and pounds of each lot must be submitted to the certifying agency for approval.

     (2) Each lot of certified seed shall:

     (a) Meet standards acceptable to the certifying agency.

     (b) Be sampled under supervision of the certifying agency prior to mixing. The sample shall be obtained in accordance with official sampling procedures. The sample shall be identified with:

     (i) The verification of certification, origin, and certifying agency;

     (ii) The kind/variety;

     (iii) The analysis and size of lot.

     (3) The certifying agency reserves the right to:

     (a) Refuse permission to use individual lots;

     (b) Approve the equipment to be used and procedure to follow in mixing;

     (c) Approve the containers and labeling to be used; and

     (d) Sample the final mixture.

     (4) The certifying agency will identify each container with an official certification label verifying that the individual lots used were certified seed lots.

     (5) For a mixture to be labeled sod quality each component shall meet sod quality standards in WAC 16-302-410.

     (6) Fees for turf seed mixing shall be the same as the current blend fee. Refer to chapter 16-303 WAC for appropriate fees.

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     (2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

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Maximum Permitted-Ratio of heads or plants.
Foundation	Registered	Certified
1:5000	1:2000	1:1000

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Standards for each class

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     (2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

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     (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 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

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SEED STANDARDS

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     (2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

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     (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 must be the minimum isolation distance from fields of any other variety or fields of the same variety that do not meet the varietal purity requirements for certification, as given in the following table:

Class	Fields of Cross Pollinated Varieties	Fields of Self Pollinated Varieties
Foundation	1,320 feet	660 feet
Registered	1,320 feet	660 feet
Certified	660 feet	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 off-type plants 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.

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Class Planted	Class Produced	Years Field Shall be Free of Rapeseed
Breeder	Foundation	5
Foundation	Registered	4
Breeder, Foundation, Registered	Certified	3

     (2) For all classes no manure or other contaminating materials shall be applied during the establishment and production period of the rapeseed stand.

     (3) Reseeding of a rapeseed field due to failure or partial failure of the first seeding may be done by referring to the guidelines in WAC 16-302-045(5).

     (4) Ditchbanks, roadways, etc., adjacent to a certified rapeseed field must be free of volunteer rapeseed and prohibited noxious weeds.

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Purity		Foundation	Registered	Certified
Pure seed	(Min.)	99.00%	99.00%	99.00%
Other crop and/or varieties	(Max.)	9/lb	9/lb	18/lb
Inert matter	(Max.)	1.00%	1.00%	1.00%
Weed seed	(Max.)	91/lb	91/lb	181/lb
Prohibited noxious weeds (1)		None found	None found	None found
Objectionable weeds (2)	(Max.)	5/lb	9/lb	18/lb
Chemical analysis (3)
Germination	(Min.)	85.00%	85.00%	85.00%

Note:
(1)	None found means none found during normal inspection procedures. None found is not a guarantee that the lot is free of noxious weed seeds.
(2)	Objectionable weed seeds are defined as restricted noxious listed in WAC 16-301-125 plus: Brassica nigra, Sinapis arvensis, Brassica juncea, and Raphanus raphanistrum.
(3)	Erucic acid content shall be less than 2% and glucosinolate content shall not be greater than thirty micromoles unless other tolerances are described by the plant breeder for each variety.
(4)	Erucic acid and glucosinolate analysis must be conducted on clean seed.
(5)	Erucic acid and glucosinolate analysis must be conducted is a WSDA approved laboratory.

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     (2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

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     (1) A field planted with red clover breeder seed for the production of foundation seed must have grown or been seeded to red clover during the preceding six years of planting, three years of which the land must be cultivated.

     (2) A field to be planted with red clover foundation seed for the production of certified seed must not have grown or been seeded to red clover during the preceding two years. The time interval may be shortened to one year if one cultivated crop or clean fallow has intervened and the new planting is of the same variety and class.

     (3) A stand of red clover is not eligible to produce certified seed after two seed crops. The two crops may be produced either in the same or in consecutive years.

     (4) Reseeding of a red clover field because of failure or partial failure of the first seeding may be done by referring to the guidelines in WAC 16-302-045(5).

     (5) Ditchbanks, roadways, etc., adjacent to a certified red clover field must be free of volunteer red clover and prohibited noxious weeds.

     (6) Volunteer plants in the red clover field may be cause for rejection or reclassification of the seed field.

     (7) No manure or contaminating material may be applied one year preceding planting, or during the establishment and productive period of the red clover stand.

     (8) A stand of red clover over three years old is not eligible for certification.

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     (1) Red clover for certification must be isolated from all other red clover varieties or fields of the same variety not meeting varietal purity requirements for certification as follows:

Class Being Produced	Fields less than five acres	Fields five acres or more
Foundation	900 feet	600 feet
Certified	165 feet	165 feet

     (2) Isolation between different classes (generations) of the same red clover variety is as follows:

Class Being Produced	Distance Required from Fields Planted with:	Fields less than 5 acres	Fields 5 acres or more
Foundation	Foundation or Certified	225 feet	150 feet
Certified	Certified	75 feet	45 feet

     (3) In cases where an adjoining field is planted with a different variety of red clover, or red clover of a lower class, isolation may be obtained by measuring off the required strip in the certified seed field. This isolation strip may be mowed for hay or it may be harvested for uncertified seed under the following conditions:

     (a) The grower must apply for certification of the entire red clover field and clearly stake off the isolation strip. The entire field must pass all certification requirements, except for isolation at time of inspection. The field report will show rejection due to lack of isolation.

     (b) The grower must harvest and deliver to a department approved conditioning plant the seed from the certified portion of the field separately from the seed from the isolation strip. After the seed is weighed and lotted in the weight of the seed from the isolation strip is to be reported to the seed program. At this time the seed program records will indicate the field has passed certification.

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		Field Producing*
		Foundation	Certified
Other varieties	(Max.)	0.00%	0.50%
Alfalfa	(Max.)	None found	0.50%
Sweet Clover	(Max.)	None found	20 plants/acre

*	Prohibited noxious weeds must be controlled to prevent seed formation.

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     (1)

Purity		Foundation	Certified
Pure seed	(Min.)	99.00%	99.00%
Other crops	(Max.)	18 per lb.	0.25%
Inert matter	(Max.)	1.00%	1.00%
Sweet clover	(Max.)	9 per lb.	90 per lb.
Weed seed	(Max.)	0.15%	0.25%
Objectionable weed seeds	(Max.)	none found	90 per lb.
Germination (minimum total germination and hard seeds)		85.00%	85.00%
or Tetrazolium (minimum total tetrazolium and hard seeds)		87.00%	87.00%

     (2) Red clover seed must be free of prohibited noxious weed seeds and foundation class must be free of Brassica spp.

     (3) One pound of seed will be examined for the presence of dodder.

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     (2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

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     (1) Breeder seed for the production of white clover or trefoil foundation seed must not be planted on land on which the same kind has been previously planted. During the year prior to white clover or trefoil seeding, the land must be in a cultivated crop or fallow and the land must be free from volunteer plants as determined by a field inspection during the season in which the seedling is established.

     (2) Foundation seed for the production of registered or certified white clover or trefoil seed must be planted on land on which no other variety or strain of the same kind is grown or planted during the season in which the seedling is established.

     (3) Foundation or registered trefoil seed for the production of certified seed shall be planted on land on which no other variety or strain of trefoil is grown or planted during the three years prior to planting.

     (4) Reseeding of a white clover or trefoil seed field due to failure or partial failure of the first seeding may be done by referring to the guidelines in WAC 16-302-045(5).

     (5) Certification of trefoil shall be limited to stands not exceeding five years of age, except for a variety grown outside its region of adaptation, in which case certification shall be limited to stands not exceeding three years of age.

     (6) Foundation or certified producing white clover fields are eligible for certification for only two harvest years following the year of seeding if the seed production the first year is prevented. Foundation fields may be reclassified to the next lower class after being harvested for seed for two years.

     (7) Ditchbanks, roadways, etc., adjacent to a certified white clover or trefoil field must be free of volunteer plants of the same kind and prohibited noxious weeds.

     (8) Volunteer plants in the white clover or trefoil field may be cause for rejection or reclassification of the seed field.

     (9) No manure or other contaminating materials may be applied during the establishment and production period of the white clover or trefoil stand.

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     (1) White clover or trefoil fields for certification must be isolated from all other fields of the same variety not meeting varietal purity requirements for certification as follows:

Class Being Produced	Fields less than five acres	Fields five acres or more
Foundation	900 feet	600 feet
Registered	450 feet	300 feet
Certified	165 feet*	165 feet

*330 feet required for trefoil.

     (2) Isolation between different classes (generations) of the same variety of white clover or trefoil is as follows:

Class Being Produced	Distance Required from Fields Planted with:	Fields less than five acres	Fields five acres or more
Foundation	Foundation or Registered	225 feet	150 feet
Registered	Registered or Certified	115 feet	75 feet
Certified	Certified	75 feet	45 feet

     (3) In cases where an adjoining field is planted with a different variety, or of a lower class, isolation may be obtained by measuring off the required strip in the certified seed field. This isolation strip may be mowed for hay or it may be harvested for uncertified seed under the following conditions:

     (a) The grower must apply for certification of the entire white clover or trefoil field and clearly stake off the isolation strip. The entire field must pass all certification requirements, except for isolation, at time of inspection. The field report will show rejection due to lack of isolation.

     (b) The grower must harvest and deliver to a department approved conditioning plant the seed from the certified portion of the field separately from the seed from the isolation strip. After the seed is weighed and lotted in the weight of the seed from the isolation strip is to be reported to the seed program. At this time the seed program records will indicate the field has passed certification.

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	Maximum permitted: Ratio of Plant Field Producing*
Factor	Foundation	Registered	Certified
Other Variety	1:1000	1:400	1:100
Sweet Clover	1:1000	1:400	1:100
Other Inseparable Crops	1:1000	1:400	1:100

*	Prohibited noxious weeds must be controlled to prevent seed formation.

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     (1) PART I OF TABLE

			WHITE CLOVER
			Found.	Reg.	Cert.
Pure Seed	(Min.)		98.0%	99.0%	99.0%
Other Crop	(Max.)		0.1%	0.2%	0.5%
Inert	(Max.)		2.0%	2.0%	1.0%
Weed Seed	(Max.)		0.2%	0.25%	0.3%
Sweet Clover	(Max.)			9/lb	90/lb
Objectionable Weed Seeds	(Max.)		none found	45/lb	90/lb
Germination (Germination +Hard Seed)	(Min.)		85.0%	85.0%	85.0%
or Tetrazolium (Minimum total tetrazolium and hard seeds)					87.0%

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     (2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

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     (a) For field pea and chickpea (garbanzo bean) - when seed crop is in full bloom and at maturity;

     (b) For lentil - when seed crop is in full bloom and at maturity;

     (c) For soybean - when seed crop is in full bloom and/or of mature color;

     (d) For open pollinated sorghum - when seed crop is in full bloom, and optionally again when seed crop begins to show mature color;

     (e) For hybrid sorghum - two inspections during bloom and one inspection after seed begins to show mature color;

     (f) For small grains - when seed crop is fully headed and of mature color;

     (g) For millet - one inspection during bloom and one inspection after seed begins to show mature color; and

     (h) For buckwheat - one inspection when seed crop is in full bloom.

     (2) Any condition or practice which permits or causes contamination of the seed crop, such as failure to prevent seed formation in bindweeds, Canada thistle or jointed goatgrass, or excess weeds, or mechanical field mixing, is cause for rejection upon inspection except for formation of bindweed or Canada thistle in fields of chickpea, lentil, and field pea seed. Fields rejected for jointed goatgrass at first inspection are not eligible for reinspection and must remain ineligible for any production of certified classes of small grain seed until a reclamation procedure, as specified in subsection (3) of this section has been completed. Fields rejected for other causes will remain eligible for reinspection.

     (3) The jointed goatgrass reclamation procedure includes the following:

     (a) Each grower must develop a reclamation plan for his/her affected fields. The plan must be based on the most current recommendations of Pacific Northwest scientists and Washington State University cooperative extension as well as good management practices. The plan may include use of certified seed, spring cropping practices, and late tilling and planting. No particular program is specified or endorsed and compliance with a program does not assure eligibility for the production of certified classes of small grain seed. Eligibility is based solely upon results of field inspections as provided in (b) through (e) of this subsection.

     (b) The rehabilitation and inspection program duration is three years for irrigated land and five years for dryland without production of certified small grain seed and the first year of certified seed production thereafter.

     (c) Annual inspections of the affected fields are conducted by the certifying agency during the prescribed rehabilitation period at such time that the jointed goatgrass would be most visible.

     (d) Following the prescribed period of rehabilitation and during the first certified seed production year, a minimum of three field inspections are conducted by the certifying agency.

     (e) If jointed goatgrass is found during any inspection as provided in (c) and (d) of this subsection, the rehabilitation program is determined unsuccessful or the field is declared ineligible and the rehabilitation and inspection program for that field must begin again at year one of the procedure.

     (4) Field run lots of seed of the same variety may be commingled to facilitate storage and conditioning.

     (5) No prohibited noxious weed seeds are permitted upon inspection for seed standards.

     (6) Germination minimum refers to germination when sampled.

     (7) If chemically controllable seed-borne diseases are noted upon inspection for field standards and seed standards for small grains, treatment of seed is required.

     (8) Wild oat, isolated patches and borders must be removed or clearly marked so as to avoid harvesting with the rest of the field. If rejected, a reinspection is necessary to assure clean-up efforts are satisfactory. Spot checks are conducted on fields where heavy patches or contaminated borders were noted. Harvesting these areas with the rest of the field is cause for rejection of the entire field.

     (9) The official laboratory providing seed analysis for the purpose of certification is the department.

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CLASS	LAND MINIMUM YEARS	ISOLATION MINIMUM FEET	OFF-TYPE MAXIMUM PLANTS/ACRE	FIELD OTHER CROP MAXIMUM PLANTS/ACRE
Foundation	5*	100**	None found	None found***
Registered	3*	100**	10	None found***
Certified	2*	25**	20	None found***

*	Spring peas also require 10 years land history with no production of Austrian pea for all classes.
**	Reduce to three feet from fields producing a certified class of the same variety. In addition, each field pea field for certification must be isolated by three feet from small grain fields. To prevent mechanical field mixing of swathed field pea seed crop, the planting of small grain between field pea fields, except for the three feet of isolation, is recommended.
***	For spring peas, no Austrian pea or rye is permitted. For Austrian peas, no rye is permitted.

     (2) Seed certification standards for field pea are:

CLASS	OFF-TYPE MAXIMUM %	PURE SEED MINIMUM %	INERT MAXIMUM %	OTHER CROP MAXIMUM %	WEED MAXIMUM %	GERMINATION MINIMUM %
Foundation	None found	99.00	1.00	None found	None found	85
Registered	None found	99.00	1.00	None found	0.25**	85
Certified	0.03	99.00	1.00	0.10*	0.25**	85

*	For spring peas, no Austrian pea or rye is permitted. For Austrian peas, no rye is permitted.
**	Other tolerance for weed seed:

	OBJECTIONABLE WEED SEED MAXIMUM
Registered	1/lb
Certified	2/1b

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CLASS	LAND MINIMUM YEARS	ISOLATION MINIMUM FEET	OFF-TYPE MAXIMUM PLANTS/ACRE	FIELD OTHER CROP MAXIMUM PLANTS/ACRE
Foundation	5	100*	None found	None found
Registered	4	100*	10	10**
Certified	3	25*	20	20**

*	Reduce to three feet from fields producing a certified class of the same variety. In addition, each lentil field for certification must be isolated by three feet from small grain fields. To prevent mechanical field mixing of swathed lentil seed crop, the planting of small grain between lentil fields, except for three feet of isolation, is recommended.
**	Refers to barley and vetch, each.

     (2) Seed certification standards for lentil are:

OFF-TYPE CLASS	PURE SEED MAXIMUM SEEDS/LB	INERT MINIMUM %	OTHER CROP MAXIMUM %	WEED MAXIMUM %	GERMINATION
					MAXIMUM %	MINIMUM %
Foundation	None found	99.00*	1.00*	None found	None found	85.00
Registered	1	99.00*	1.00*	0.05**	0.05***	85.00
Certified	4	99.00*	1.00*	0.10**	0.05***	85.00

*	A total of three percent inert matter is allowed in samples containing decorticated seed provided total of all other inert matter does not exceed one percent.
**	No vetch is permitted.
***	Other tolerance for weed seed:

	OBJECTIONABLE WEED SEED MAXIMUM
Registered	1/lb
Certified	2/lb

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			FIELD STANDARDS
CROP CLASS	LAND STANDARDS MINIMUM YEARS	ISOLATION STANDARDS MINIMUM FEET	OFF-TYPE MAXIMUM %	OTHER MAXIMUM NO.
Standard
Foundation	1*	3	.01	--
Registered	1*	3	.10	--
Certified	1*	3	0.20	--

*	Waived if the previous crop was grown from an equal or higher certified class of seed of the same variety.

     (2) Seed standards for soybean certification are: