WSR 10-01-004

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed December 2, 2009, 4:17 p.m. ]

Subject of Possible Rule Making: WAC 16-302-080 and 16-302-560, the department is considering amending seed certification rules to provide clarity as to when a seed field is to be rejected in regards to prohibited noxious weeds.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.49.310, 15.49.370 (3), (4), and chapter 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department has been requested by the Washington State Crop Improvement Association (WSCIA) to amend seed certification standards to provide clarity in regards to prohibited noxious weeds encountered during the field inspection process. These amendments will provide for uniformity in application of certification standards during the field inspection process. These amendments will also communicate clearly to industry under which circumstance a field will be rejected for prohibited noxious weeds.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: The Washington state department of agriculture staff will develop the specific rule proposal. The proposed language and rule amendments will be presented to the WSCIA, state seed organizations and individual seed company representatives to solicit input and ensure broad based notification.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Fawad Shah, WSDA, Seed Program, 21 North 1st Avenue, Suite 203, Yakima, WA 98902, (509) 249-6950, e-mail Fshah@agr.wa.gov.

December 2, 2009

Kennith R. Harden

Acting Assistant Director

Washington State Code Reviser's Office