WSR 04-06-019

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed February 23, 2003, 2:08 p.m. ]

     Date of Adoption: February 23, 2004.

     Purpose: To adopt amendments to the annual and rough bluegrass quarantine (chapter 16-301 WAC) that remove range, reclamation, and forage type grass seed stocks from the quarantine requirements.

     Citation of Existing Rules Affected by this Order: Amending WAC 16-301-250, 16-301-265, 16-301-270, 16-301-310, 16-301-325, 16-301-330, and 16-301-335.

     Statutory Authority for Adoption: RCW 17.24.011, 17.24.041.

     Other Authority: Chapter 34.05 RCW.

      Adopted under notice filed as WSR 04-01-182 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 7, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 7, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

February 23, 2004

Valoria Loveland

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.]


AMENDATORY SECTION(Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)

WAC 16-301-265   Annual bluegrass quarantine -- Regulated articles.   Articles regulated under the requirements of the annual bluegrass quarantine include seed stocks of all turf type grass species, such as, but not limited to, Kentucky bluegrass, ryegrass and red and chewings fescue.

[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.]


AMENDATORY SECTION(Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)

WAC 16-301-270   Annual bluegrass quarantine -- Conditions governing movement of regulated articles.   (1) No seed stock may be shipped, transported, moved within, or into the annual bluegrass quarantine regulated area unless such seed stock is accompanied by a test report from an official laboratory showing said seed stock is free of annual bluegrass on the basis of a minimum ten gram analysis for bentgrass and a minimum of twenty-five gram analysis for other grasses except that seed stock found to contain annual bluegrass may be planted in the regulated area if planted in a nursery under an inspection program as established by the state department of agriculture.

     (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.]


AMENDATORY SECTION(Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)

WAC 16-301-310   Rough 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 16-301-305 through 16-301-355, the following definitions shall apply:

     (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.]


AMENDATORY SECTION(Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)

WAC 16-301-325   Rough bluegrass quarantine -- Regulated articles.   Articles regulated under the requirements of the rough bluegrass quarantine include:

     (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.]


AMENDATORY SECTION(Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)

WAC 16-301-330   Rough bluegrass quarantine -- Conditions governing movement of regulated articles.   No seed stock of turf type grasses may be shipped, transported, moved within, or into the rough bluegrass quarantine regulated area unless such seed stock is accompanied by a test report from an official laboratory showing said seed stock is free of rough bluegrass on the basis of a minimum twenty-five gram analysis, except that seed stock found to contain rough bluegrass may be planted in the regulated area if planted in a nursery under an inspection program as established by the Washington state department of agriculture.

[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.]


AMENDATORY SECTION(Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)

WAC 16-301-335   Rough bluegrass quarantine -- Procedure for clearing seed stocks.   Each person moving, shipping or transporting seed stock of turf type grasses in or into the rough bluegrass quarantine regulated area must:

     (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.]

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