WSR 10-24-102

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed December 1, 2010, 8:32 a.m. , effective January 1, 2011 ]


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

Purpose: The rule making order amends chapter 16-302 WAC by modifying current seed certification standards to allow for a minimal amount of triticale seed to be present as a contaminant in the certified class of small grain seed standards. Chapter 16-302 WAC is also amended to allow only one reinspection for a field producing the foundation class and to clarify that additional field inspections can be requested if the field is producing the registered or certified class of seed.

Additional editorial changes to footnotes are also being made to clearly indicate the data that the footnote pertains to.

Citation of Existing Rules Affected by this Order: Amending WAC 16-302-685.

Statutory Authority for Adoption: Chapters 15.49 and 34.05 RCW.

Adopted under notice filed as WSR 10-19-060 on September 14, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 1, 2010.

Dan Newhouse

Director

OTS-3575.3


AMENDATORY SECTION(Amending WSR 10-08-028, filed 3/31/10, effective 5/1/10)

WAC 16-302-685   Small grains standards for seed certification.   (1) Land, isolation, and field standards for small grains (barley, oat, rye, triticale, and wheat) seed certification are:

LAND, ISOLATION, AND FIELD STANDARDS


CLASS LAND STANDARDS MINIMUM YEARS ISOLATION

STANDARDS

MINIMUM FEET

OFF-TYPE

MAXIMUM HEAD

RATIO

((FIELD STANDARDS))

OTHER CROP

MAXIMUM HEAD

RATIO

TRITICALE PLANTS PER ACRE IN BARLEY, WHEAT, AND OAT WILD OAT

MAXIMUM

PLANTS/ACRE

Foundation 2((*)) a 90 same genus((**)) b

3 different genus

None found None found((***)) c None foundd None found
Registered 1((*)) a 10 same genus

3 different genus((**)) b

1/148,000 1/148,000((***)) c None foundd 5
Certified 1((*)) a 10 same genus

3 different genus((**)) b

1/49,000 1/49,000((***)) c None foundd 5

((*)) a Waived if the previous crop is grown from an equal or higher certified class of seed of the same variety.
((**)) b Each rye field for certification must be isolated by three feet from fields producing a certified class of the same variety, and by six hundred sixty feet from other rye fields. Each triticale field for certification must be isolated by three feet from fields producing a certified class of the same variety, and by three hundred feet from other triticale, rye and wheat fields for foundation and registered class, and ten feet for certified class, unless otherwise stated by the plant breeder.
((***)) c Refers to other small grains, except that no rye or triticale is permitted in barley, oat, or wheat; and no vetch is permitted in barley, oat, rye, triticale, or wheat.
d Only one reinspection is allowed for foundation fields when triticale is found in the first inspection. Additional inspections are allowed if the field is downgraded to the registered or certified class.

(2) Small grains - seed standards:

For CLEARFIELD varieties: For all classes - each lot must pass the CLEARFIELD Confirm test by bioassay or PCR as defined by the trait owner. The CLEARFIELD Confirm test verifies that the seed is resistant to the Imazamox herbicide.


Class Foundation Registered Certified
Pure seed (min.) 98% 98% 98%
Inert (max.) 2% 2% 2%
off-type(((*))) a (max.) None found 2/lb 4/lb
Other small

grain(((*))) excluding triticalea (max.)

None found

1/lb

2/lb

Triticale allowed in wheatf None found None found 1/1000 grams
Triticale allowed in oats and barley None found None found 1/lb
Other crop(((**))) b (max.) None found 0.03% 0.05%
Weed seed (max.) 0.01% 0.01% 0.03%
Objectionable

weed seed(((***))) c (max.)

None found

None found

1/lb

Wild oat (max.) None found None found None found

(((****))) d

Viability(((*****))) e (min.) 85% 85% 85%

(((*))) a The combination of other small grain and off-type must not exceed 2/lb for registered class, and 4/lb for certified class. The tolerance for rye ((or triticale,)) is none found in barley, oat, or wheat. The tolerance for rye is none found in triticale. The tolerance for triticale is none found in rye.
(((**))) b Excluding off-type and other small grain. No vetch is allowed in small grain seed.
(((***))) c Excluding wild oat.
(((****))) d 1/lb for certified class oat.
(((*****))) e A certification certificate is issued upon receipt of either an official AOSA tetrazolium or germination test which meets minimum Washington viability standards. NOTE: State and federal seed laws require seed be labeled based on a germination test.
f In wheat, the foundation standard is based on a 1000 gram crop exam. The registered standard is based on a 500 gram crop exam. The certified standard is based on a 500 gram crop exam. If one triticale seed is found in 500 grams, a second 500 gram crop exam is required for a total 1000 gram crop exam. No triticale is allowed in the second 500 grams with the total standard of 1 triticale seed per 1000 grams allowed.

Note: For all classes the purity analysis is based on 100 grams examined. For registered and certified classes, noxious weed, vetch, off-type, and other small grain determinations are based on 500 grams examined except as allowed in footnote f of this subsection. For foundation class, noxious weed, vetch, off-type, and other small grain determinations are based on 1000 grams examined.

[Statutory Authority: Chapters 15.49 and 34.05 RCW. 10-08-028, 16-302-685, filed 3/31/10, effective 5/1/10. Statutory Authority: RCW 15.49.370(3), 15.49.310 and chapter 34.05 RCW. 04-06-018, 16-302-685, filed 2/23/04, effective 3/25/04. Statutory Authority: Chapters 15.49 and 34.05 RCW. 02-12-060, 16-302-685, filed 5/30/02, effective 6/30/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, 16-302-685, filed 12/4/00, effective 1/4/01.]

Washington State Code Reviser's Office