Date of Adoption: December 6, 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 Existing chapters of rules will be repealed and the significant language in those chapters is revised into three new proposed chapters of rules for the seed program (chapters 16-301, 16-302, and 16-303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). (CHAPTER 16-303 WAC WAS NOT FILED WITH WSR 00-24-077 FILED ON DECEMBER 4, 2000.)

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 3, Amended 0, Repealed 9.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 3, Amended 0, Repealed 9.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 6, 2000

Jim Jesernig

Director

OTS-4220.2

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     (a) All billable services provided for under chapter 15.49 RCW are due and payable upon billing by the department. For the convenience of established accounts and in accord with good business practices, the department provides a monthly billing service. Accounts not paid in full within thirty days of billing are considered delinquent.

     (b) On all debts due and payable after July 28, 1991, all delinquent accounts are assessed a late charge equal to one percent per month, or portion of a month, on the unpaid balance.

     (c) Except for established accounts where there is a reasonable expectation of additional charges during a calendar month, the minimum billable amount through the monthly billing system is twenty dollars. All billable services of less than twenty dollars are due and payable on the date that service is rendered.

     (d) No person with an account ninety days or more in arrears may receive service except on the basis of payment in full at the time service is rendered. Accounts in arrears may be subject to legal action for collection and are not restored to monthly billing status until all past due amounts are paid-in-full.

     (e) Accounts that become ninety or more days in arrears twice within a five-year period may be subject to a permanent requirement for payment in full at the time service is provided.

     (2) Unless otherwise provided for in rule, requests for refund fees or assessments must be submitted to the department by June 30 of the year following payment of the fee or assessment.

     (3) Fees for services not listed in rule are set on the basis of the actual cost to the department of agriculture, or the most appropriate fee established by rule.

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     (a) Seed for which the assessment has been previously collected, except when such seed is relabeled;

     (b) Agricultural or vegetable seed distributed out-of-state;

     (c) Seed distributed in containers of four ounces or less;

     (d) Stock seed; and

     (e) Seed distributed by governmental agencies, such as, but not limited to, the United States Department of Agriculture national foundation seed project. Agricultural and/or vegetable seeds distributed under bailment contract are valued at the producer-conditioner agreement rate in lieu of sale.

     (2) The seed assessment fees for the fiscal period beginning July 1 through June 30 are payable on February 1 of the following calendar year.

     (3) The seed assessment may accompany the annual application for the seed labeling permit. A penalty of ten percent of the assessment fee or a minimum of ten dollars, whichever is greater, is added to all assessments not paid by February 1.

     (4) The annual seed-labeling permit may not be issued until all seed assessments and penalties are satisfied.

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     (1) FIELD CROPS:

	MINIMUM SAMPLE SIZE		PURITY	GERMINATION	TZ
alfalfa		4 oz	14.00	12.00	22.00
alkaligrass		4 oz	18.00	11.00	22.00
barley		1.25 lb	14.00	12.00	22.00
beets, sugar		1.25 lb	19.00	21.00	22.00
bentgrass		2 oz	32.00	17.00	22.00
bermudagrass		4 oz	18.00	11.00	22.00
black medic		4 oz	14.00	12.00	22.00
bluegrass		4 oz	22.00	15.00	22.00
brassica sp.		6 oz	34.00	17.00	22.00
brome-mountain		6 oz	23.00	12.00	22.00
brome-smooth, meadow		6 oz	23.00	12.00	22.00
buckwheat		1.25 lb	14.00	12.00	22.00
canarygrass		8 oz	18.00	11.00	22.00
clover		4 oz	14.00	12.00	22.00
fescue		4 oz	22.00	12.00	22.00
flax-lewis		4 oz	14.00	12.00	22.00
foxtail		4 oz	14.00	11.00	22.00
garbanzo bean		1.25 lb	13.00	12.00	N/A
indian ricegrass		6 oz	18.00	11.00	22.00
junegrass		6 oz	18.00	11.00	22.00
lentil		1.25 lb	14.00	12.00	N/A
little bluestem		4 oz	21.00/hr	11.00	22.00
lupine		1.25 lb	14.00	12.00	N/A
milkvetch		1.25 lb	14.00	12.00	22.00
millet		1.25 lb	14.00	12.00	N/A
needle & thread		6 oz	18.00	11.00	22.00
needlegrass, green		6 oz	18.00	11.00	22.00
oatgrass		6 oz	18.00	11.00	N/A
oats		1.25 lb	14.00	12.00	22.00
orchardgrass		4 oz	25.00	13.00	22.00
peas		1.25 lb	13.00	12.00	N/A
prairie sandreed		6 oz	18.00	11.00	22.00
primrose		4 oz	14.00	12.00	N/A
redtop		2 oz	32.00	17.00	22.00
rice		1.25 lb	14.00	12.00	N/A
rye		1.25 lb	14.00	12.00	22.00
ryegrass, perennial		4 oz	22.00	11.00	22.00
ryegrass, annual		4 oz	22.00	11.00	22.00
safflower		1.25 lb	14.00	12.00	N/A
sainfoin		1.25 lb	14.00	12.00	N/A
sand dropseed		4 oz	18.00	11.00	22.00
sand lovegrass		4 oz	18.00	11.00	22.00
sideoats grama		4 oz	21.00/hr	11.00	22.00
small burnett		8 oz	14.00	12.00	N/A
sorghum		1.25 lb	14.00	12.00	N/A
sudangrass		8 oz	14.00	12.00	22.00
sunflower		1.25 lb	14.00	12.00	N/A
swiss chard		1.25 lb	34.00	18.00	N/A
switchgrass		4 oz	18.00	11.00	22.00
timothy		4 oz	18.00	11.00	22.00
trefoil		4 oz	14.00	12.00	N/A
triticale		1.25 lb	14.00	12.00	22.00
vetch		1.25 lb	18.00	12.00	22.00
wheat		1.25 lb	14.00	12.00	22.00
wheatgrass,
beardless
slender
thickspike		6 oz	38.00	15.00	22.00
wheatgrass,
bluebunch		6 oz	38.00	15.00	22.00
wheatgrass,
crested		4 oz	26.00	15.00	22.00
wheatgrass,
tall
intermediate
pubescent		6 oz	38.00	15.00	22.00
wheatgrass,
western		6 oz	38.00	15.00	22.00
wildrye		6 oz	18.00	11.00	22.00
zoysia		4 oz	18.00	11.00	22.00

     (2) VEGETABLES:

	MINIMUM
	SAMPLE SIZE		PURITY	GERMINATION	TZ
asparagus		1.25 lb	14.00	12.00	N/A
beans		1.25 lb	13.00	12.00	N/A
beets		1.25 lb	19.00	18.00	N/A
cantaloupe		1.25 lb	14.00	12.00	N/A
carrot		4 oz	14.00	12.00	38.00
celery		4 oz	14.00	12.00	N/A
chard		4 oz	14.00	21.00	21.00
corn		1.25 lb	14.00	12.00	N/A
cucumber		1.25 lb	14.00	12.00	N/A
dill		4 oz	14.00	12.00	N/A
eggplant		4 oz	14.00	12.00	N/A
endive		4 oz	14.00	12.00	N/A
leek		8 oz	14.00	12.00	N/A
lettuce		4 oz	14.00	12.00	N/A
okra		4 oz	14.00	12.00	N/A
onion		8 oz	14.00	12.00	N/A
parsley		4 oz	14.00	12.00	N/A
parsnip		4 oz	14.00	12.00	N/A
pepper		8 oz	14.00	12.00	N/A
pumpkin		1.25 lb	14.00	12.00	N/A
radish		1.00 lb	14.00	12.00	N/A
spinach,
New Zealand		8 oz	14.00	21.00	N/A
spinach		8 oz	14.00	21.00	N/A
squash		1.25 lb	14.00	12.00	N/A
tomato		4 oz	14.00	12.00	N/A
turnip		6 oz	14.00	12.00	22.00
watermelon		1.25 lb	14.00	12.00	N/A

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Test	Fee		Other Considerations
(1) All states noxious weed examination	$10.00
(2) Analysis of partially cleaned, uncleaned or field run seed with excessive inert, or crop or weed seeds	$21.00 hourly rate
(3) Brassica seed chemical identification	$10.00
(4) Cold (vigor) test for wheat	$50.00
(5) Crop and weed exam (Required for all foundation and registered class grass seeds)	Purity fee minus $5.00		Hourly rate will be assessed when applicable; hourly rate applies when a larger amount is requested
(6) Fescue seed fluorescence test	$15.00		Test required on certified samples
(7) Fluorescence test (400 seed test)	$13.00
(8) Miscellaneous services	$21.00 hourly rate
(9) Pest and disease	$17.00
(10) Poa annua check      Bentgrass (5 grams)      Bluegrass (5 grams) Other grasses (10 grams)	$17.00 $17.00 $17.00
(11) Rules test -- Canadian	PURITY		GERMINATION
Alfalfa, clover	$21.00		$12.00
Kentucky bluegrass	$32.00		$15.00
Peas, lentils	$21.00		$12.00
Bentgrass	$47.00		$17.00
(12) Rules test -- I.S.T.A.	PURITY		GERMINATION
Alfalfa, clover	$21.00		$15.00
Kentucky bluegrass	$32.00		$15.00
Peas, lentils	$21.00		$15.00
(13) Samples requiring special preparation for germination, for example pelleted seeds	$21.00		Additional Charge
(14) Seed Count	$17.00
(15) Sod analysis check (25 gram exam to evaluate if a lot appears to be sod quality)	$19.00		Phone report only
(16) Sod seed analysis (A special test of turf grasses for those who need a detailed examination of seed before purchase and/or use)	Bluegrass Fescue Ryegrass	$60.00 $42.00 $34.00	Bluegrass test includes purity, 25 gram crop and weed exam, and 10 gram Poa annua check. Ryegrass and Fescue test include purity and 50 gram crop and weed exam.
(17) Sodium Hydroxide test for presence of red and/or white wheat	$10.00
(18) Soil exam or similar (A visual examination of a representative sample)	$17.00		Reported on seed analysis certificate
(19) Undesirable grass species examination (UGS test)	$12.00
(20) Variety separation of Kentucky bluegrass	$19.00
If separated at time of purity analysis	$9.00

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     (1) Inventory testing is a service to provide opportunity to have carry-over seed stocks, except mixtures, tested at the lowest possible charge. This is not an official germination test. Regular service samples have priority and the Seed Branch Laboratory will run samples, as germination space is available.

     (2) Samples must be plainly labeled "inventory samples" according to the sender's designation. The laboratory assumes no responsibility for correct identification.

     (3) Reports on inventory testing are mailed after all tests are completed. Samples and test reports do not become a part of the seed program's permanent record.

     (4) The fee for inventory testing is one-half the regular germination fee.

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Crop	Fee	Minimum charge
Peas, beans, small grains or seeds of similar size	$ 0.05 Per cwt.	$21.00
For all other kinds	$ 0.15 Per cwt.	$21.00

     (2) If a special trip is required to provide a service, the person requesting the service may be charged at the rate of $17.00 per hour travel time plus a mileage fee set by the Washington State Office of Financial Management in addition to the specific fee for service. All standby time is charged at the rate of $21.00 per man-hour.

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Service	Fee
Rush samples (including phone or FAX report if requested at time sample is submitted)	$12.00
Phone reports on test result, per call	$ 3.50 per call
Preliminary report on germination      Phone report only	$ 8.00 $ 1.50
Additional mailing of report	$ 2.50 each destination
Recopies of reports	$ 2.50 (minimum fee)
Revised reports	$ 5.00 (minimum fee - or hourly fee when applicable)
Fee for special handling service, for example Federal Express, Air Parcel or air freight	$ 3.50
Fee for facsimile transmission of documents	$ 3.50 per document
Travel time - additional or special requested trips	$17.00
Mileage - additional or special requested trips	As established by the Washington State Office of Financial Management

     (2) Test plot examinations or consultant work in seed plots, seed fields, seed conditioning plants, etc., shall be at the rate of $21.00 per hour plus mileage and travel time.

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Service			Fee	Other Considerations
Phyto-sanitary certificate			$21.00 each
Field inspection--All seed except wheat seed (for each required inspection)			$5.00 per acre	$20.00 minimum fee payable with application
Field inspection--Wheat seed only (for each required inspection)			$2.00 per acre or fraction thereof	Payable with application
Area inspection			$ .05 per cwt.	$ 20.00 minimum fee per certificate $150.00 maximum fee per certificate Billed at time certificate is issued
Late fee--
	Application		$30.00 each
	Sampling (When Required)--
		Beans, peas, lentils, and cereal grains	$.05 per cwt.
		Other crops	$.15 per cwt.
Serology test			Fee as established by the testing laboratory.
Laboratory analysis of plant material to verify disease			An additional fee of actual cost shall be charged when necessary to examine plant material and/or seed

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Service	Fee	Other Considerations
O.E.C.D. certificate	$10.00 each
O.E.C.D. grow out test	$46.00 each entry	No charge for control entry

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     (1) Annual Bluegrass - inspection fee for nursery plantings for the presence of annual bluegrass is $50.00 per acre or portion thereof. The tagging fee is $0.50 cwt. with a minimum fee of $10.00.

     (2) Rough Bluegrass - inspection fee for nursery plantings is $50.00 per acre or portion thereof.

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Seed	Application Fee 1/	Seedling producing or field inspection Fee 2/	Late Application Penalty Fee	Reinspection Fee (other than isolation)	Production Fee (includes sampling and tagging)	Seed shipped Out-of-State (uncleaned)
Alfalfa, Red clover, White clover and Trefoil	$15.00 per variety per grower	$1.75/acre	$30.00	$40.00 ea. field	$0.50/cwt. 5/	$0.19/cwt.
Bean	$15.00 per variety per grower	$1.75/acre 3/ (one inspection) $3.50/acre 4/ (two inspections)	$30.00	$40.00 ea. field	$0.50/cwt.	$0.19/cwt.
Corn	$15.00 for each separate combination/or isolation	$25.00 first acre $10.00 ea. additional acre except hybrid corn $3.50 ea. additional acre	-----	-----	-----	-----
Sudangrass	$15.00 per field	$1.75/acre	$30.00 per field	------	$0.40/cwt.	-----
Rapeseed	$15.00 per variety per grower	$1.75/acre (one inspection)	$15.00 per grower	$20.00 ea. field	$0.50/cwt.	-----

1/	Refer to WAC 16-302-050 for seed certification application due dates.
2/	Refundable if acreage is withdrawn before inspection. Except for bean seed, required of seedling fields to be harvested for certification the year of planting. Notification of seeding field to be harvested for certification and required fees are due July 31.
3/	One inspection is required for Great Northern Red Mexican, pinto, pink, and small white bean.
4/	Includes windrow inspection which is required for certification of snap beans, kidney beans, and eligibility for shipment into Idaho.
5/	Sampling and production fees are billed at completion of tests. If none of the seed is tagged, ten cents of the fifty cents per cwt. production fee is refundable.

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(1) Application fees:
(a) Seedling application fee:
Per variety, per field	$15.00
(b) Late seedling penalty fee: (Per kind)	$30.00
(c) Seedling producing application fee:
Per field, per grower	$15.00
Required of seedling fields to be harvested for certification the year of planting. Notification of seedling field to be harvested for certification and required fees shall be due July 31:
(2) Renewal applications:
(a) Renewal application fee:
Per variety, per grower	$15.00
(b) Late renewal penalty fee: (Per variety)	$30.00
This additional fee shall be charged for renewal applications received after May 1.
(c) Inspection fee per field.	$30.00
(3) Annual grasses inspection fee per acre	$ 1.75
Applications are due within sixty days after planting.
(4) Reinspection: Other than isolation--each field	$40.00
(5) Inspection and final certification fees: Inspection and final certification fees are based on pounds sampled and billed upon completion of required tests (Option A). Those dealers requesting sampling and tagging privileges and/or participation in Option B must sign a memorandum of agreement that shall expire on June 30 of each year. The memorandum may be terminated by the director if the conditioner violates certification standards or requirements of memorandum.
(a) Option A: When based on pounds sampled, and billed at completion of required laboratory tests, the fees are:
(i) Final certification fee	$ 0.80
per one hundred pounds. (If no seed is tagged, twenty cents of the final certification fee is refundable upon request.)
(ii) Seed shipped out-of-state for conditioning per one hundred pounds (unclean weight).	$ 0.30
(iii) Service fee for out-of-state origin (per cwt.)	$ 0.30
(iv) Blend fee is as established by blend rule, and in addition to above fees. However, blend fee is not applicable to salvage blends.
(v) Payment of fees is the responsibility of the person signing the application. However, conditioner may assume this responsibility.
(b) Option B: When based on pounds tagged after required laboratory tests are completed, the fee is:
(i) Final certification fee	$ 1.10
per one hundred pounds. (Minimum fee per tagging)	$10.00
(ii) Service fee for out-of-state origin	$ 0.65
per one hundred pounds.
(iii) Blend fee (in addition to fee established by blend rule) is payable upon completion of blend on total weight of blend, and is as follows:
(A) Washington origin certified seed used in blend	$ 1.00
per one hundred pounds.
(B) Out-of-state origin certified seed used in blend	$ 0.60
per one hundred pounds except that those fees listed in (a) and (b) above are not applicable to certified seed that is tagged and sealed, and on which final fees have been paid.
(C) A refund or credit is issued for the percent of the blend lot not tagged. (For example, if forty percent of the blend is not tagged, forty percent of the fees charged under Option B above are refundable.)
(6) Payment of fees is the responsibility of the conditioner. A conditioner choosing this program must handle all certified grasses in his warehouse under this program for the entire crop year. Upon termination or nonrenewal of Option B memorandum of agreement, conditioner is responsible for Option A fees on all certified seed not tagged at termination date.
(7) Fees for services such as O.E.C.D. and sod quality, etc., are in addition to the fees listed in these standards.
(8) Fees for reissue of tags are ten cents per tag with a minimum fee of ten dollars.
(9) The seed processor is responsible for seed certification fees including sampling, testing, production and final certification fees, and may request the responsibility for additional fees.

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(a) Application fee per variety per grower . . . . . . . . . . . .	$18.87
(b) Field inspection fee per acre except millet and hybrid sorghum . . . . . . . . . . . .	$ 2.63
(c) Millet - first acre . . . . . . . . . . . .	$28.06
- each additional acre . . . . . . . . . . . .	$ 5.61
(d) Hybrid sorghum - first acre . . . . . . . . . . . .	$28.06
- each additional acre . . . . . . . . . . . .	$11.22
(e) Special field inspection fee per acre . . . . . . . . . . . .	$ 2.24
(f) Late application fee . . . . . . . . . . . .	$17.68
(g) Reinspection fee . . . . . . . . . . . .	$35.39
minimum for each field which did not pass field inspection plus $ 0.40 for each acre over twenty-five. The reinspection fee for isolation requirements only for a field of any size is $35.39.
(h) Final certification fee . . . . . . . . . . . .	$0.225
per cwt. of clean seed sampled, which is charged to conditioning plant, or production fee . . . . . . . . . . . .	$0.105
per cwt. of production from fields inspected which is utilized for seed, which is charged to the grower or the final seller prior to brokerage, retail sale, sale to plant not approved for conditioning certified seed, or transshipment out-of-state.
(i) Sampling fee . . . . . . . . . . . .	$0.105
per cwt. of clean seed sampled, with minimum charge of ten dollars per sample, which is charged to conditioning plant in lieu of mechanical sampling.
(2) A field may be withdrawn upon notification by the applicant to the certifying agency's office before field inspection. In such case, the field inspection fee is refunded upon request until June 30 of the year following harvest.
(3) Harvest before field inspection causes forfeitures of both the application and field inspection fees, and completion of certification.

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