WSR 10-01-005

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed December 2, 2009, 4:18 p.m. ]

Subject of Possible Rule Making: WAC 16-302-170, 16-302-560 and 16-302-685, for seed that contains traits such as herbicide resistance, the department is considering the verification of traits as criteria of seed certification.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.49.310, 15.49.370 (1), (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 allow for trait verification as criteria for seed certification. This will allow for seed lots to only be certified if the seed is proven to contain the trait as described in the variety description.

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, BASF Chemical Company, the wheat seed industry, and WSU wheat seed breeders. The combination of input will formulate the process and final language.

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