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

     Purpose: This rule-making order modifies the prohibited contaminants list for the quality timothy seed program to include all species in the caryophyllaceae family. There have been weed species identified that are closely related to species already listed as prohibited contaminants. The timothy hay industry has requested these other species be added to the list for the quality timothy seed program which directly supports the original purpose of the program; which is to make available the highest quality seed lots for the production of timothy hay.

     Citation of Existing Rules Affected by this Order: Amending WAC 16-302-775.

     Statutory Authority for Adoption: Chapter 15.49 RCW.

     Other Authority: Chapter 34.05 RCW.

      Adopted under notice filed as WSR 10-17-027 on August 9, 2010.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 6, 2010.

Dan Newhouse

Director

OTS-3486.1

AMENDATORY SECTION(Amending WSR 08-23-055, filed 11/14/08, effective 12/15/08)

WAC 16-302-755   Standards for quality timothy seed.   (1) Seed standards for quality timothy grass seed are as follows:

	Minimum Purity	Minimum Viability by Germination or TZ Test	Maximum Other Crop*	Maximum Weed**
Timothy seed	97%	85%	0.2%	.02%
Purity component percentages are based on 1 gram sample size as prescribed by the AOSA rules.

*	Must be free of ryegrass, orchardgrass, Agrostis sp., Poa sp., brome, reed canarygrass, tall fescue, and meadow foxtail.
	Must be free of the above listed contaminants based upon a 50 gram examination.

**	Must be free of alfilaria (redstem filaree), bromus sp., Chickweed including all other species in the Caryophyllaceae family, Henbit, Poa sp., wild carrot, and prohibited noxious weeds listed in WAC 16-301-045 and restricted noxious weeds listed in WAC 16-301-050.
	Must be free of the above listed contaminants based upon a 50 gram examination.

     (2) A quality timothy seed analysis certificate is the basis of determining if a lot meets the quality timothy seed standards. This certificate is issued by the certifying agency and represents a purity test, a 50 gram noxious, all weed, all crop exam, and a viability test.

     (3) Seed meeting quality timothy seed standards will be tagged with a "quality timothy seed" tag.

[Statutory Authority: Chapters 15.49 and 34.05 RCW. 08-23-055, § 16-302-755, filed 11/14/08, effective 12/15/08.]

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