PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: The following sections in chapters 16-301 and 16-302 WAC:
• WAC 16-301-005 General seed standards -- Definitions, 16-301-010 What publications are adopted in chapters 16-301, 16-302 and 16-303 WAC and where can they be obtained?, and 16-301-055 Tolerances for seed law enforcement;
• WAC 16-302-045 How may a person apply for seed certification in Washington state?, 16-302-110 Completion of seed certification -- When may seed be labeled with a seed certification tag, label or seal?, 16-302-150 Eligibility for interagency certification, 16-302-155 Interagency seed certification procedure, 16-302-255 Land requirements for bean seed certification, 16-302-385 Grass seed standards for certification, and 16-302-410 Standards for sod quality seed.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.49.301, 15.49.370(3), and chapter 34.05 RCW.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Proposed amendments will:
• Amend the "official seed laboratory" definition in WAC 16-301-005 to include accredited seed laboratories.
• Amend WAC 16-301-010 and 16-301-055 to update Association of Official Seed Certifying Agencies (AOSCA) and Association of Official Seed Analysts (AOSA) adoption dates.
• Amend WAC 16-302-045 to eliminate the requirement for payment to be sent with the application when applying for certification.
• Amend WAC 16-302-110(1) to read that certification tags "must be" attached to a container of certified seed before it is distributed.
• Amend WAC 16-302-110(2) by replacing the words "under the supervision of the certifying agency" with "in accordance with the certifying agencies rules."
• Amend WAC 16-302-150(3) and 16-302-155 (2)(b) to delete the references to "Part C" because there isn't a Part "C" on the interagency certified seed report form;
• Amend WAC 16-302-255(1) by replacing "preceding three years" with "preceding one year."
• Amend WAC 16-302-385 by adding minimum purity requirements for "turf type" fescue and "range/reclamation type" fescue to the fescue section of the table; and to change the pollination type of Indian ricegrass.
• Amend WAC 16-302-410(3) to delete "a ten gram Poa annua check."
• Any other clarifying amendments to these sections that might be necessary.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.
Process for Developing New Rule: The proposed amendments will be developed by the WSDA seed program manager with input from the seed industry through the Seed Program Advisory Committee. Interested parties can also submit comments during the public comment period and can participate in the public hearing process.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Graydon Robinson, Program Manager, Washington State Department of Agriculture, Seed Program, 21 North 1st Avenue, Suite 203, Yakima, WA 98902, phone (509) 225-2630, fax (509) 454-4395, e-mail seed@agr.wa.gov.
June 4, 2003
Robert W. Gore
Assistant Director