WSR 04-01-179

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed December 23, 2003, 2:34 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-20-091.

Title of Rule: WAC 16-302-685 Small grains standards for seed certification.

Purpose: The proposed amendments to WAC 16-302-685 modify isolation standards for the production of certified small grain seed to bring them in line with national standards as set by the Association of Official Certifying Agencies.

Statutory Authority for Adoption: Chapter 34.05 RCW and RCW 15.49.370(3) and 15.49.310.

Statute Being Implemented: RCW 15.49.370(3).

Summary: The Washington State Department of Agriculture (WSDA) proposes modifying the isolation distances in the small grain certification standards so they comply with the standards set by the Association of Official Certifying Agencies.

Reasons Supporting Proposal: As a member agency of the Association of Official Certifying Agencies, WSDA is compelled to maintain Washington certification standards that are, at a minimum, equal to national standards.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Victor Shaul, Operations Manager, Yakima, (509) 225-2630.

Name of Proponent: Washington State Department of Agriculture, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 16-302-685 Small grains standards for seed certification. This proposal is intended to modify the isolation distances in the small grain certification standards so they will comply with recent changes adopted by the Association of Official Seed Certifying Agencies.

Proposal Changes the Following Existing Rules: The proposal changes the isolation distances in the small grain certification standards in WAC 16-302-685.

No small business economic impact statement has been prepared under chapter 19.85 RCW. WSDA concludes that there are no new costs imposed by the proposed amendments; therefore, the proposal does not impose a "more than minor cost" on the seed industry and a small business economic impact statement is not required according to RCW 19.85.030 (1)(a).

RCW 34.05.328 does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in RCW 34.05.328 (5)(a)(i).

Hearing Location: Washington State Department of Agriculture, 21 North First Avenue, Suite 103, Conference Room, Yakima, WA 98902, on January 27, 2004, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact agency receptionist by calling TDD (360) 902-1996 or (360) 902-1976.

Submit Written Comments to: George Huffman, Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2085, by 5 p.m., January 27, 2004.

Date of Intended Adoption: February 23, 2004.

December 11, 2003

Robert W. Gore

Assistant Director

OTS-6796.1


AMENDATORY SECTION(Amending WSR 02-12-060, filed 5/30/02, effective 6/30/02)

WAC 16-302-685   Small grains standards for seed certification.   (1) Land, isolation, and field standards for small grains (barley, oat, rye, triticale, and wheat) seed certification are:



CLASS LAND STANDARDS MINIMUM YEARS ISOLATION

STANDARDS

MINIMUM FEET

OFF-TYPE

MAXIMUM HEAD

RATIO

FIELD STANDARDS

OTHER CROP

MAXIMUM HEAD

RATIO

WILD OAT

MAXIMUM

PLANTS/ACRE

Foundation 2* 90 same genus**

3 different genus

None found None found*** None found
Registered 1* ((3)) 10 same genus

3 different genus**

1/148,000 1/148,000*** 5
Certified 1* ((3)) 10 same genus

3 different genus**

1/49,000 1/49,000*** 5

* Waived if the previous crop is grown from an equal or higher certified class of seed of the same variety.
** ((Refers to distance from other small grain fields. Foundation class fields must be isolated ninety feet from fields of the same genus. In addition,)) Each rye field for certification must be isolated by three feet from fields producing a certified class of the same variety, and by six hundred sixty feet from other rye fields. Each triticale field for certification must be isolated by three feet from fields producing a certified class of the same variety, and by three hundred feet from other triticale, rye and wheat fields for foundation and registered class, and ((three)) ten feet for certified class, unless otherwise stated by the plant breeder.
*** Refers to other small grains, except that no rye or triticale is permitted in barley, oat, or wheat; and no vetch is permitted in barley, oat, rye, triticale, or wheat.

(2) Small grains - seed standards:


Class Foundation Registered Certified
Pure seed (min.) 98% 98% 98%
Inert (max.) 2% 2% 2%
off-type(*) (max.) None found 2/lb 4/lb
Other small

grain(*) (max.)

None found

1/lb

2/lb

Other crop(**) (max.) None found 0.03% 0.05%
Weed seed (max.) 0.01% 0.01% 0.03%
Objectionable

weed seed(***) (max.)

None found

None found

1/lb

Wild oat (max.) None found None found None found

(****)

Viability(*****) (min.) 85% 85% 85%

(*) The combination of other small grain and off-type must not exceed 2/lb for registered class, and 4/lb for certified class. The tolerance for rye or triticale, is none found in barley, oat, or wheat. The tolerance for rye is none found in triticale. The tolerance for triticale is none found in rye.
(**) Excluding off-type and other small grain. No vetch is allowed in small grain seed
(***) Excluding wild oat.
(****) 1/lb for certified class oat.
(*****) A certification certificate is issued upon receipt of either an official AOSA tetrazolium or germination test which meets minimum Washington viability standards. NOTE: State and federal seed laws require seed be labeled based on a germination test.

Note: For all classes the purity analysis is based on 100 grams examined. For registered and certified classes, noxious weed, vetch, off-type, and other small grain determinations are based on 500 grams examined. For foundation class, noxious weed, vetch, off-type, and other small grain determinations are based on 1000 grams examined.

[Statutory Authority: Chapters 15.49 and 34.05 RCW. 02-12-060, 16-302-685, filed 5/30/02, effective 6/30/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, 16-302-685, filed 12/4/00, effective 1/4/01.]

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