WSR 10-05-118

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed February 17, 2010, 11:17 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-01-006.

Title of Rule and Other Identifying Information: WAC 16-302-070 When is a seed field inspected by the certifying agency?

Hearing Location(s): Red Lion Hotel Conference Room, 2525 North 20th Avenue, Pasco, WA 99301, on March 24, 2010, at 1:00 p.m.

Date of Intended Adoption: March 31, 2010.

Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504-2560, e-mail tnorman@agr.wa.gov, fax (360) 902-2043, by 5 p.m. on March 26, 2010.

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: This proposal is intended to provide clear and concise definition as to what constitutes an area of inspection for a field for the purposes of seed certification. Further, this proposal is to establish areas of surveillance that are adjacent to a field as areas that may be included in a field inspection for seed certification.

Reasons Supporting Proposal: As requested by the Washington State Crop Improvement Association, this rule proposal is to provide clarity as to what constitutes a field for the purpose of seed certification. The language in the current rules is such that different interpretations can be drawn. This rule amendment proposal clarifies that the unit of certification includes the entire field, including all border areas that are standing at the time of inspection.

The proposal also allows for areas of surveillance to be included as part of a field inspection for seed certification. This is necessary for new crops that are being grown in Washington. Some of these new crops require that areas adjacent to a field be surveyed for contaminates detrimental to the seed crop being produced. Detrimental contaminates may be, but are not limited to contaminating sources of pollen.

Statutory Authority for Adoption: Chapters 15.49, 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: Washington State Crop Improvement Association, 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 amendment proposal does not impose any additional costs upon the seed industry. There are no new inspection procedures or laboratory testing associated with this proposed rule making. The Washington state department of agriculture (WSDA) concludes that this fee rule making does not impose any new costs upon the seed industry therefore a small business economic impact statement is not required according to RCW 19.85.030 (1)(a).

A cost-benefit analysis is not required under RCW 34.05.328. The WSDA is not a listed agency in RCW 34.05.328 (5)(a)(i).

February 17, 2010

Kennith R. Harden

Assistant Director

OTS-3040.1


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

WAC 16-302-070   When is a seed field inspected by the certifying agency?   The certifying agency conducts field inspections as follows:

(1) A seedling field is inspected at the most appropriate time after receipt of seedling application. If the field produces seed the same year of planting, a seedling producing inspection is made prior to harvest.

(2) Each year a crop of certified seed is produced, field inspections are made at a time when factors affecting certification are most evident.

(3) The unit of certification is defined as the entire field standing at the time of inspection. A portion of a field may be certified if the area to be certified is clearly defined by flagging, stakes or other visual means. The border area of the field is considered the unit of certification if it is planted to the same crop and is inclusive of the acreage applied for.

(4) The unit of inspection may include areas adjacent to a field or areas of surveillance if these areas contain factors that would impact the certification eligibility of the seed crop as defined in the specific crop standards. Such factors may be, but are not limited to, contaminating pollen sources.

[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, 16-302-070, filed 12/4/00, effective 1/4/01.]

Washington State Code Reviser's Office