WSR 07-05-028

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed February 13, 2007, 2:08 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-24-106.

Title of Rule and Other Identifying Information: WAC 16-301-525 What are the exemptions to the crucifer seed quarantine that apply within the regulated area? and 16-301-530 What requirements apply to planting crucifer seed in the regulated area?

Hearing Location(s): Washington State University Mount Vernon NWREC, 16650 State Route 536, Mount Vernon, WA 98273, on April 18, 2007, at 3:30 p.m.

Date of Intended Adoption: May 17, 2007.

Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504-2560, e-mail tnorman@agr.wa.gov, fax (360) 902-2085, by 5 p.m. on April 18, 2007.

Assistance for Persons with Disabilities: Contact the agency receptionist by calling TTY (360) 902-1996 or (360) 902-1976.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule is to address three areas of the crucifer quarantine that are of concern to segments of the seed industry. These rule modifications include providing an exemption for seed that was in a company's inventory when the quarantine took effect. In addition there will be an increase in the minimum package quantity that is exempt from the quarantine. In lieu of tagging small containers, there will be an allowance for alternative wording to be placed on an invoice or other documents that communicate quarantine compliance.

Reasons Supporting Proposal: This proposal is necessary to facilitate the sale of certain crucifer vegetable seeds into a select market. It will allow for the sale of small quantities of seed into the regulated area which will not pose a significant threat of disease introduction. By increasing the minimum package size that is exempt from the quarantine it will eliminate expensive testing for lots that only have a small amount in inventory. It is impractical to place a quarantine compliance label on small packages. Therefore, the allowance to communicate quarantine compliance on an alternative document that accompanies the seed will reduce the regulatory burden on the seed industry. Seed that was in a company's inventory may not have been tested for regulated diseases. In many cases there is insufficient seed remaining in these seed lots on which to conduct pathology testing. This exemption will allow for the utilization of these seed lots.

In total, the addressing of these three areas reduces the regulatory burden of compliance with the crucifer quarantine. This proposal also reduces the overall expense of testing and labor associated with quarantine compliance, making the overall rule user friendly while still protecting the Washington seed industry.

Statutory Authority for Adoption: Chapters 15.49, 17.24 and 34.05 RCW.

Statute Being Implemented: Chapter 15.49 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Chris Osborne, Osborne Seed Company; and members of the crucifer quarantine workgroup, a consortium of seed industry representatives, private.

Name of Agency Personnel Responsible for Drafting and Implementation: Victor Shaul, Operations Manager, Yakima, (509) 225-2630; and Enforcement: Fawad Shah, Program Manager, Yakima, (509) 225-2636.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule has no increased cost to seed producers or seed conditioners. One of the main purposes of this rule-making order is to make quarantine compliance less expensive, and to reduce the amount of resources necessary for the seed industry to comply with the quarantine. These rule amendments reduce the record-keeping and reporting time necessary to track the required information for each seed lot. Since there is a reduction in cost to the seed industry no small business economic impact statement was prepared.

A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency in RCW 34.05.328 (5)(a)(i).

February 13, 2007

Dennis Hannapel

Assistant Director


AMENDATORY SECTION(Amending WSR 06-01-111, filed 12/21/05)

WAC 16-301-525   What are the exemptions to the crucifer seed quarantine that apply within the regulated area?   This crucifer quarantine does not apply to:

(1) Experiments or trial grounds of the United States Department of Agriculture;

(2) Experiments or trial grounds of a university such as but not limited to the University of Idaho or Washington State University research stations; or

(3) Trial grounds of any person, firm or corporation that are approved by the director and established in accordance with WAC 16-301-550.

(4) Shipments, movements, or transportation of:

(a) Prepackaged crucifer seed in packages of ((1/2 ounce)) 1 pound or less if the seeds are free of diseases; or

(b) Vegetable seedlings offered for sale for home garden use in the regulated area if the seedlings are free of diseases.

(5) Research, variety development, variety maintenance or other crucifer production where the entire crop cycle is confined within a building or greenhouse.

(6) Seed lots with a maximum weight of fifty pounds that were in inventory prior to January 1, 2007.

[Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. 06-01-111, 16-301-525, filed 12/21/05, effective 1/21/06.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 06-01-111, filed 12/21/05)

WAC 16-301-530   What requirements apply to planting crucifer seed in the regulated area?   (1)(a) It is a violation of this chapter to plant or establish crucifer seed that is infected with any regulated disease in the regulated area.

(b) Any seed of a Brassica or Sinapis species planted or established in the regulated area whose primary use is for any nonvegetable use must be tested for the presence of dormant seed as required by WAC 16-301-510.

(2) Any person who plans to ship, move, or transport any crucifer seed intended for planting purposes into or within the regulated area must file a Notice of Intent/Quarantine Compliance form with the seed program before planting or offering the seed for sale.

(3) The Notice of Intent/Quarantine Compliance form filed with the seed program must be accompanied by a copy of the:

(a) Laboratory analysis or some other proof (such as a phytosanitary certificate based upon laboratory testing issued from the state or country of production) demonstrating that the lot is free of regulated diseases; and

(b) Seed analysis certificate(s) showing that the lot is free from dormant seed, if required under WAC 16-301-510.

(4) It is a violation of this chapter for any crucifer seed intended for seed production, oil production, commercial vegetable production or cover crop use to be offered for sale within or into the regulated area unless ((each seed container bears a label issued by the seed program indicating that the seed is in compliance with the requirements of this chapter)) accompanied by documentation verifying quarantine compliance.

(a) For small packages such as heat sealed envelopes and tins, quarantine compliance may be placed on a sales invoice or other documentation that is provided to the purchaser of seed. Language must be approved by the Seed Program.

(b) Larger containers must bear a label issued by the Seed Program indicating that the seed is in compliance with this chapter.

[Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. 06-01-111, 16-301-530, filed 12/21/05, effective 1/21/06.]

Washington State Code Reviser's Office