PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-21-158.
Title of Rule: WAC 16-301-250 Annual bluegrass quarantine--Definitions, 16-301-265 Annual bluegrass quarantine--Regulated articles, 16-301-270 Annual bluegrass quarantine--Conditions governing movement of regulated articles, 16-301-310 Rough bluegrass quarantine--Definitions, 16-301-325 Rough bluegrass quarantine--Regulated articles, 16-301-330 Rough bluegrass quarantine--Conditions governing movement of regulated articles, and 16-301-335 Rough bluegrass--Procedures for clearing seed stocks.
Purpose: This proposal is intended to remove range, reclamation, and forage type grass seed stocks from the annual and rough bluegrass quarantines.
Statutory Authority for Adoption: Chapter 34.05 RCW, RCW 17.24.011 and 17.24.041.
Statute Being Implemented: RCW 17.24.041.
Summary: The Washington State Department of Agriculture (WSDA) based upon a recommendation from the seed program advisory committee, is proposing amendments in the WAC sections identified in Title of Rule above that remove range, reclamation, and forage grass seed stocks from regulation under the annual and rough bluegrass quarantine.
Reasons Supporting Proposal: The proposed changes in the quarantines are necessary to facilitate the seed production of range, reclamation, and forage type grasses.
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: WSDA, based upon a recommendation from the seed program advisory committee, is proposing amendments in the following WAC sections to remove range, reclamation, and forage grass seed stocks from regulation under the annual and rough bluegrass quarantine. The proposed changes in the quarantines are necessary to facilitate the seed production of range, reclamation, and forage type grasses.
| • | WAC 16-301-250 Annual bluegrass quarantine--Definitions. |
| • | WAC 16-301-265 Annual bluegrass quarantine--Regulated articles. |
| • | WAC 16-301-270 Annual bluegrass quarantine--Conditions governing movement of regulated articles. |
| • | WAC 16-301-310 Rough bluegrass quarantine--Definitions. |
| • | WAC 16-301-325 Rough bluegrass quarantine--Regulated articles. |
| • | WAC 16-301-330 Rough bluegrass quarantine--Conditions governing movement of regulated articles. |
| • | WAC 16-301-335 Rough bluegrass--Procedure for clearing seed stocks. |
Proposal Changes the Following Existing Rules: The proposed amendments modify WAC 16-301-250, 16-301-265, 16-301-270, 16-301-310, 16-301-325, 16-301-330, and 16-301-335, so range, reclamation, and forage type seed stocks are removed from the annual bluegrass and rough bluegrass quarantine requirements.
No small business economic impact statement has been prepared under chapter 19.85 RCW. WSDA concludes that this proposal does not impose any additional costs on the regulated industry. In fact, this proposal will result in a reduction in cost, paperwork, and reporting requirements. Therefore, the small business economic impact statement discussed in chapter 19.85 RCW is not required.
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-6795.1
AMENDATORY SECTION(Amending WSR 00-24-077, filed 12/4/00,
effective 1/4/01)
WAC 16-301-250
Annual bluegrass quarantine -- Definitions.
Definitions for terms in this chapter may be found in chapter 15.49 RCW and WAC 16-301-005, except for the purposes of WAC 16-301-255 through 16-301-295, the following definitions shall
apply:
(1) "Annual bluegrass" means Poa annua and all related subspecies and hybrids.
(2) "Seed stock" means those seeds of turf type 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 turf type 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.
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-250, filed 12/4/00, effective 1/4/01.]
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-265, filed 12/4/00, effective 1/4/01.]
(2) This quarantine shall not apply to seed sown for forage or turf. This quarantine shall not apply to range, reclamation, or forage type seed production fields.
(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.
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-270, filed 12/4/00, effective 1/4/01.]
(1) "Rough bluegrass" means Poa trivialis and all related subspecies.
(2) "Seed stock" means those seeds of turf type 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.
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-310, filed 12/4/00, effective 1/4/01.]
(1) Seed stocks of all varieties of all turf type grasses.
(2) Seed production fields of rough bluegrass.
(3) Rough bluegrass sown for forage or turf.
(4) Regulated articles are not to include seed stock of species that are commonly used for range, reclamation or forage purposes.
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-325, filed 12/4/00, effective 1/4/01.]
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-330, filed 12/4/00, effective 1/4/01.]
(1) Submit an official laboratory analysis of a representative sample showing freedom from rough bluegrass; or
(2) Submit a representative sample for testing.
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-335, filed 12/4/00, effective 1/4/01.]