WSR 06-15-137

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed July 19, 2006, 11:22 a.m. , effective August 19, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: This rule expands one of the prohibited contaminates in sod quality seed from a single species, known as rattail fescue, to the entire Vulpia genus. This modification will prevent the certification of a sod quality seed lot that contains a contaminate that is detrimental in sod turf production.

Citation of Existing Rules Affected by this Order: Amending WAC 16-302-410.

Statutory Authority for Adoption: RCW 15.49.310.

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 06-11-147 on May 23, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 19, 2006.

Robert W. Gore

for Valoria Loveland

Director

OTS-8731.1


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

WAC 16-302-410   Standards for sod quality seed.   (1) Except for ryegrass sod quality seed, seed standards for sod quality grass seed are as follows:


Variety Minimum Purity Minimum Germination Maximum*

Other Crop

Maximum**

Weed

Kentucky Bluegrass 97% 80% 0.1% .02%
Red Fescue 98% 90% 0.1% .02%
Chewings Fescue 98% 90% 0.1% .02%
Tall Fescue 98% 85% 0.1% .02%

* Must be free of ryegrass, orchardgrass, timothy, Agrostis sp., black medic, Poa trivialis, brome, reed canarygrass, tall fescue, clover, and meadow foxtail. Maximum allowable Canada bluegrass .02%. When the base sample is one of these kinds, the species will not be considered a contaminant (i.e., tall fescue in tall fescue).
** Must be free of Big, Canby and Sandberg bluegrass, dock, chickweed, crabgrass, plantain, short-awn foxtail, annual bluegrass, velvetgrass, ((rattail fescue)) Vulpia sp., and noxious weed seeds as listed under WAC 16-302-100 and 16-302-105.

(2) Seed standards for sod quality ryegrass seed are as follows:


Variety Minimum Purity Germination**** Other Crop* Maximum Weed***
Ryegrass** 98% 90% 0.10% .02%

* Must be free of black medic, orchardgrass, timothy, Agrostis sp., Poa trivialis, brome, reed canarygrass, tall fescue, clover and meadow foxtail. Maximum allowable Canada bluegrass 0.02%.
** Maximum fluorescence levels as determined by breeder or variety owner.
*** Must be free of Big, Canby and Sandberg bluegrass, ((rattail fescue,)) dock, chickweed, crabgrass, plantain, annual bluegrass, velvetgrass, Vulpia sp., short-awn foxtail, and noxious weed seeds as listed under WAC 16-302-100 and 16-302-105. An additional 0.07% of weedy Bromus spp. will be allowed.
**** 85% minimum germination allowed on ryegrass varieties as designated by the breeder or variety owner. See list maintained by the seed program.

(3) A sod seed analysis certificate is the basis of determining if a lot meets sod quality standards. This certificate is issued by the certifying agency and represents a purity analysis, a twenty-five gram noxious all weed all crop exam and a germination test, except a 50-gram noxious all weed all crop exam is required for fescues and ryegrass.

(4) In addition to a seed certification tag, seed meeting sod quality certified seed standards will be tagged with a special "sod quality seed" tag.

[Statutory Authority: Chapters 15.49 and 34.05 RCW. 03-18-072, 16-302-410, filed 8/29/03, effective 9/29/03; 02-12-060, 16-302-410, 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, 16-302-410, filed 12/4/00, effective 1/4/01.]

Washington State Code Reviser's Office