WSR 04-05-120

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed February 18, 2004, 10:23 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-01-183.

Title of Rule: WAC 16-302-385 Grass seed standards for certification.

Purpose: The proposed amendments are in response to an industry request to modify the certification standards for thickspike wheatgrass to allow up to 10% slender wheatgrass for the certified class in the variety Critana.

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

Statute Being Implemented: RCW 15.49.310.

Summary: WSDA proposes amending WAC 16-302-385 to increase the amount of slender wheatgrass that is allowed in the certified class of Critana Thickspike wheatgrass.

Reasons Supporting Proposal: The proposed changes in the certification standards are necessary to bring Washington standards in line with other western states, which will provide an equal marketing climate for Washington grass seed producers.

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: The proposed amendments to WAC 16-302-385 Grass seed standards for certification are intended to increase the amount of slender wheatgrass allowed in the certified class of Critana Thickspike wheatgrass to 10%. This will bring Washington's certification standard for this factor in line with certification standards of other western states. The anticipated effect of this rule change is that Washington seed producers will have the same certification standards as seed producers in other states, which will allow for the competitive marketing of Washington produced grass seed.

Proposal Changes the Following Existing Rules: The proposal modifies the language in WAC 16-302-385 to allow 10% slender wheatgrass in the certified class of Critana Thickspike wheatgrass.

No small business economic impact statement has been prepared under chapter 19.85 RCW. WSDA has concluded that the proposed amendments do not impose any new costs on business, therefore, a formal small business economic impact statement as discussed in chapter 19.85 RCW is not required. There are no additional paperwork or reporting requirements associated with this proposal.

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 March 23, 2004, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Virginia Walsh by March 16, 2004, 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 5:00 p.m. March 23, 2004.

Date of Intended Adoption: March 31, 2004.

February 18, 2004

Robert W. Gore

Assistant Director

OTS-6961.1


AMENDATORY SECTION(Amending WSR 03-18-072, filed 8/29/03, effective 9/29/03)

WAC 16-302-385   Grass seed standards for certification.   The seed standards for grass shall be as follows:


SEED STANDARDS

CROP AND TYPE OF

REPRODUCTION AS PER

WAC 16-302-330

MINIMUM % GERM (d)(n) MINIMUM % PURE MAXIMUM % INERT MAXIMUM % WEEDS (b) MAXIMUM % OTHER CROPS MAXIMUM SEEDS OF OTHER CROP GRASS SPECIES
FNDT. REG. CERT. FNDT. REG. CERT. FNDT. REG. CERT. FNDT. REG. CERT. FNDT. (i) REG. (i) CERT. (a) FNDT. SEEDS/

LB.

REG. SEEDS/

LB.

CERT. %
BLUEGRASS

Big

Canby

Kentucky

Canada, Upland

(A)

(A)

(A)

(A)

70

70

80

80

70

70

80

80

90

90

97

96

90

90

97

92

10

10

3

4

10

10

3

8

.05

.05

.05

.05

.3

.3

.3

.3

.1

.1

.1

.1

.5

.5

.5

.5

45 /lb.

45 /lb.

45 /lb.

45 /lb.

454 /lb.

454 /lb.

454 /lb.

907 /lb.

.25

.25

.25

.25

BROMEGRASS

Smooth & Meadow

Mountain & Sweet

(C) (C)

80

85

85

85

95

95

95

95

5

5

5

5

.05

.3

.3 (c)

.3 (c)

.1

.1

.5

1.0

9 /lb.

9 /lb.

91 /lb.

91 /lb.

.25

.25

DEERTONGUE (C) 50 50 97 95 3 5 .50 .5 (c) 1.0 1.0 1%
FESCUE

Tall & Meadow

Hard & Sheep (m)

Turf Type (o)

Reclamation/Range

Type

Chewings Red,

Idaho and other

Fescue

(C)

(C)

(C)

80

80

80

80

85

85

85

90

95

95

95

95

97

97

92

97

5

5

5

5

3

3

8

3

.03

.03

.03

.03

.3 (c)

.3 (c)

.3 (c)

.3 (c)

.1

.1

.1

.1

.5

.5

.5

.5

18 /lb.

9 /lb.

9 /lb.

9 /lb.

91 /lb.

45 /lb.

45 /lb.

45 /lb.

.25

.25

.25

.25

ORCHARDGRASS (C) 80 85

80 for

85

penlate

90

& latar

15

10 .03 .3 (c) .1 .5 27 /lb. 91/lb. .25
RYEGRASS

Pennfine

(C)

85

80

90 (l)

85

96 (k)

96 (k)

97 (k)

97 (k)

4

4

3

3

.1

.1

.3 (c)

.3 (c)

.1

.1

.5

.5

9 /lb.

9 /lb.

45 /lb.

45 /lb.

.25

.25

TIMOTHY 80 85 97 97 3 3 .1 .3 .1 .5 9 /lb. 45 /lb. .25
WHEATGRASS (n)

Beardless

Bluebunch

Intermediate, Tall

Pubescent

Western, R/S

Streambank,

Thickspike

Slender

Crested & Siberian

(C)

(C) (C) (C)

(C)

(S)

(C)

80

80

80

80

80

80

80

85

85

85

85

85

85

85

90

90

95

95

90

90

90

90

90

95

95

90

95

95

10

10

5

5

10

10

10

10

10

5

5

10

5

5

.1

.1

.1

.1

.1

.1

.1

.3 (c)

.3 (c)

.3 (c)

.3 (c)

.3 (c)

.3 (c)

.3 (c)

.1 (e)

.1 (e)

.1 (e)

.1 (e)

.1 (e)

.1 (e)

.1 (e)

.5 (e)

.5 (e)

.5 (e)

.5 (e)

.5 (e)(p)

.5 (e)

.5 (e)

9 /lb.

9 /lb.

9 /lb.

9 /lb.

9 /lb.

9 /lb.

9 /lb.

45 /lb.

45 /lb.

45 /lb.

45 /lb.

45 /lb.

45 /lb.

45 /lb.

.25

.25

.25

.25

.25(p)

.25

.25

INDIAN

RICEGRASS

(S)

80 (j)

80 (j)

95

90

5

10

.3

.5

.5

1.0

9 /lb.

45 /lb.

.25

PUCCINELLIA (n)

distans

(C)

80

80

90

95

5

5

.3

.5

.5

1.0

45 /lb.

454 /lb.

.25

WILDRYE (n) (C) 80 80 90 90 10 10 .1 .3 (c) .1 .5 9 /lb. 45 /lb. .25
BENTGRASS (C) 85 85 98 98 2 2 .3 .4 (f) (g) .2 .6 (h)
REDTOP (C) 80 80 92 92 8 8 .3 .5 (f) .5 .2
Ann.

CANARYGRASS

GREEN (n)

NEEDLEGRASS

SWITCHGRASS

(C)

(C)

(C)

85

80

60

85

80

60

99

80

90

99

80

90

1

20

10

1

20

10

.1

.1

.5

.3

.3 (c)

1.5

1/lb.

.1

.1

3/lb.

.5

.25

-

-

-


The following (a) - (o) are notes to the above table.

(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.
(o) Turf type fescues 97% pure seed. Range/reclamation types 92% pure seed. Varietal designation of turf or range/reclamation types are to be made by the breeder or variety owner. If no designation is made, the variety will be considered a turf type.
(p) 10% slender wheatgrass is allowed in the certified class of Critana, provided that the total of all other grass spp. does not exceed .25% and total other crop, including all other grass spp. does not exceed .50%.

[Statutory Authority: Chapters 15.49 and 34.05 RCW. 03-18-072, 16-302-385, filed 8/29/03, effective 9/29/03; 02-12-060, 16-302-385, 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, 16-302-385, filed 12/4/00, effective 1/4/01.]

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