WASHINGTON STATE REGISTER

WSR 04-06-018

PERMANENT RULES

DEPARTMENT OF AGRICULTURE

[ Filed February 23, 2004, 2:06 p.m. ]

Date of Adoption: February 23, 2004.

Purpose: The purpose of this rule-making order is to adopt amendments modifying the isolation standards for small grain certification by increasing the distance between fields of the same genus from three feet to ten feet. This action is in response to a change in national standards set by the Association of Official Certifying Agencies.

Citation of Existing Rules Affected by this Order: Amending WAC 16-302-685.

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

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 04-01-179 on December 23, 2003.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

February 23, 2004

Valoria Loveland

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.]

Legislature

Code Reviser

Register

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.

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.

© Washington State Code Reviser's Office