WSR 14-05-088
EXPEDITED RULES
DEPARTMENT OF AGRICULTURE
[Filed February 19, 2014, 7:47 a.m.]
Title of Rule and Other Identifying Information: Chapter 16-319 WAC, Forest tree seed certification.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Teresa Norman, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, AND RECEIVED BY April 22, 2014.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 16-319-010 contains an incorrect reference to the Revised Code of Washington and outdated addresses. This proposal corrects those errors and makes other nonsignificant housekeeping changes.
Reasons Supporting Proposal: Having correct information is beneficial to those regulated under this chapter of the Washington Administrative Code.
Statutory Authority for Adoption: RCW 15.49.310 and chapter 34.05 RCW.
Statute Being Implemented: RCW 15.49.310.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of agriculture, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Victor Shaul, Yakima, Washington, (509) 249-6955.
February 17, 2014
Brad J. Avy
Assistant Director
AMENDATORY SECTION (Amending Order 1028, filed 8/4/66, effective 9/4/66)
WAC 16-319-010 Forest tree seed certification—Certifying agency.
The Washington State Crop Improvement Association((, Inc.)) is ((hereby)) designated to act as the ((duly)) authorized agent of the director of agriculture for the purpose of assisting in certifying forest tree seeds and shall perform such duties as the director may assign as provided in chapter ((15.48)) 15.49 RCW, specifically RCW ((15.48.150(1))) 15.49.370(3).
AMENDATORY SECTION (Amending WSR 87-12-006, filed 5/22/87)
WAC 16-319-020 Forest reproductive material certification standards—Purpose and definitions.
(1) Purpose. The purpose of certification of forest reproductive material is to make available reproductive material properly identified by species or species and cultivar, and by source or source and origin.
(2) Definitions:
(a) "Applicant" means the person or organization who submits application for certification of forest reproductive material to certifying agency and who assumes responsibility for compliance with these standards.
(b) "Audit" means periodic examination and check by certifying agency of any part or all of the records and procedures specified in field standards and conditioning standards, and of additional records pertinent to inventory and distribution of reproductive material including verification of corresponding physical inventory to assure that no significant errors or omissions exist.
(c) "Batch" means all or part of a lot of reproductive material of a single species collected during one crop season from within stated breeding zone(s) or from within stated five hundred foot elevation increment(s) in stated seed zone(s) that is collected or processed at one time.
(d) "Breeding zone" means a specific designated unit of land, the description of which is on file at the certifying agency, for which an improved population of trees of a specific species or species cross is being produced.
(e) "Buyer" means person who first receives reproductive material from the collector.
(f) "Certificate of genetic identity" means a document furnished by the producer on demand and verified by the certifying agency describing the ancestry and breeding behavior of a lot of reproductive material.
(g) "Certification of reproductive material" means execution by certifying agency of field inspection, plant/warehouse inspection and/or audit to accomplish the purpose described in subsection (1) of this section.
(h) "Certifying agency" means the ((duly)) designated agent of the state agency: ((In Oregon state, the Oregon Seed Certification Service, 31 Crop Science Building, Oregon State University, Corvallis, Oregon 97331;)) In Washington state, the designated agent is the Washington State Crop Improvement Association((, Inc., 513 North Front Street, Yakima, Washington 98901)).
(i) "Certificate of provenance" means a document issued by certifying agency which verifies source and origin of reproductive material by field inspection and audit. (Only certificates of provenance are issued to satisfy O.E.C.D.)
(j) "Character" means a distinctive trait, but not necessarily an invariable feature, exhibited by all individuals of a group and capable of being described or measured: E.g., growth; form; color; resistance to disease, insects, weather, animals, etc.
(k) "Code" means a unique identification of a group of the producer's pertinent records about a lot of forest reproductive material.
(l) "Collector" means a person who collects forest reproductive material at its source.
(m) "Elevation" means altitude above sea level and is divided in five hundred foot increments as shown below, or may mean appropriate elevational bands as provided for under code ((and/))or breeding zone.
0
-
500 feet
Code 05
2501
-
3000 feet
Code 30
501
-
1000 feet
Code 10
3001
-
3500 feet
Code 35
1001
-
1500 feet
Code 15
3501
-
4000 feet
Code 40
1501
-
2000 feet
Code 20
4001
-
4500 feet
Code 45
2001
-
2500 feet
Code 25
4501
-
5000 feet
Code 50
 
 
 
 
 
and so forth.
 
 
(n) "Field" inspection means observation by certifying agency of all activities and records involved in propagation, collection, buying, production, and transportation of forest reproductive material to assure compliance with field standards.
(o) "Forest reproductive material" means plant material of genera and species of trees which will be used for forestry.
(p) "Genetic identity" means the ancestry and breeding background of selected and tested classes only of the forest reproductive material.
(q) "Genetic superiority" means that forest reproductive material originated from tree(s) whose superiority in one or more characters important to forestry has been proven by tests conducted in specified environments.
(r) "Location" means description by seed zone or portion thereof and elevation and/or breeding zone or code.
(s) "Legal description" means legal cadastral survey subdivision.
(t) "Lot" means a homogeneous quantity of forest reproductive material.
(i) For tested and selected classes, it is of a single species, cultivar, or cross collected during one crop season from a distinctively described and recorded population of trees.
(ii) For source identified class, it is a single species collected during one crop season from within stated seed zone(s) and from within five hundred foot elevation increment(s) ((and/))or breeding zones or appropriate codes.
(iii) For an audit class, it is a single species collected during one crop season from within stated seed zone(s) and from within five hundred foot elevation increment(s).
(iv) Lots shall be identified by number and/or code or breeding zone.
(u) "Origin" means the location of the indigenous parents; for nonindigenous parents, it is the location from which the seed or plants were originally introduced.
(v) "Plant/warehouse inspection" means observation by certifying agency of all activities and records involved in receiving, processing, storage and labeling of forest reproductive material to assure compliance with conditioning standards.
(w) "Producer" means person, company, bureau or agency with overall responsibility for producing forest reproductive material.
(x) "Provenance" means the original geographic source of seed, pollen or propagules.
(y) "Reproductive material" means seed, pollen, trees, cuttings, scions, etc., originating from forest trees.
(z) "Seed zone" means a geographic area delineated on western forest tree seed council's tree seed zone map published July 1973, or similarly authoritative maps of seed zones as approved by certifying agency.
(aa) "Source" means the location of the immediate parents, the origin of which may be indigenous, nonindigenous, or unknown.
(bb) "Test" means evaluation of parents by comparing the performance of their offspring under more controlled conditions that exist for the parent(s) or other applicable tests which evaluate specific character(s) of the parents or the offspring.
(cc) "Unit of measure" means a consistent volume of measure, i.e., bushels, pounds, grams, number, cubic centimeters, etc.
AMENDATORY SECTION (Amending WSR 87-12-006, filed 5/22/87)
WAC 16-319-030 Classes of reproductive material.
(1) "Tested class" means that forest reproductive material came from tree(s) which have been tested for specific character(s) as determined by progeny or other applicable tests and under specified conditions. Further, such forest reproductive material is produced and processed in a manner assuring genetic identity common with the tested material, and, for nursery stock, that it was produced from tested reproductive material. Said forest reproductive material shall be labeled with a blue label stating "tested." Certifying agency shall examine trees and reproductive material; exercise field, plant, and warehouse inspection, and audit all pertinent records involved.
(2) "Selected class" means that reproductive material came from trees that were selected for specific character(s). Two subclasses are recognized:
Subclass A: Reproductive material is obtained from selected trees and, in addition for tree seed, the male parent(s) is also selected.
Subclass B: Applies to tree seed when only one parent is selected.
Both subclasses shall be labeled with a green label stating "selected" and the subclass. Certifying agency shall examine trees and reproductive material; exercise field, plant, and warehouse inspection, and audit all pertinent records involved.
(a) "Selected subclass A" means that the donor or parents of the reproductive material are selected, known, and of record, but have no test results of record, and, for nursery stock, that it was produced from selected subclass A or better reproductive material.
(b) "Selected subclass B" means that only one parent of the tree seed is selected, known, and of record and reproductive material has not been tested, and, for nursery stock, that it was produced from selected subclass B or better reproductive material.
(3) "Source identified class" means that the reproductive material came from within a seed zone(s) or portion thereof (as defined by legal description) and from within a 500-foot elevation increment(s) or breeding zone(s) or code(s).
Subclass A: Personally supervised production.
Subclass B: Procedurally supervised production.
Both classes of said reproductive material shall be labeled with a yellow label stating "source identified" and the subclass. Certifying agency shall exercise field inspection, plant/warehouse inspection, and audit.
(a) "Subclass A source identified" means that applicant and certifying agency personally know beyond a reasonable doubt the seed zone(s) or portion thereof and 500-foot elevation increment(s) within which cones and/or reproductive material were collected; and, for nursery stock, that it was produced from subclass A source identified or better reproductive material. Certifying agency knows location from applicant's prior written plan of his reproductive material collecting and/or producing activities. For source identified subzone collections, a representative of the producer, whose major responsibility is observation of picker location, shall make daily observations within the collection area.
(b) "Subclass B source identified" means that applicant and certifying agency know reproductive material is identified as collected from within a seed zone(s) and from within a 500-foot elevation increment(s), and for nursery stock, that it was produced from subclass B source identified or better reproductive material.
(4) "Audit class" means that the applicant's records of procurement, processing, storage, and distribution state that the reproductive material was collected from within stated seed zone(s) or described portions thereof and from within 500-foot elevation increment(s), and, for nursery stock, certifying agency knows that it was produced from audit class or better reproductive material. Containers of said reproductive material shall carry a serially numbered brown and white label stating "audit certificate." All records of the applicant for this class of reproductive material are subject to audit.
AMENDATORY SECTION (Amending WSR 06-11-066, filed 5/12/06, effective 6/12/06)
WAC 16-319-041 Application for certification of forest reproductive material.
(1) The conditions of applicant's submittal and of certifying agency's acceptance of application are:
(a) The application should show all classes for which certification services are requested.
(b) All reproductive material acquired or distributed by applicant of a type for which certification is requested is subject to audit.
(c) Applicant shall be responsible for payment of fees for certification services.
(d) Applicant is responsible for developing a record keeping system and labels available and satisfactory to the certifying agency.
(e) Certifying agency reserves the right to refuse certification service to applicant.
(f) Application for audit certification reproductive material shall be filed with the certifying agency ((of the state in which warehouse, nursery, etc., is located with a copy to the certifying agency in the state where the reproductive material is collected)).
(2) Timing of application requests for certification services:
(a) Application requests for source identified subclass B and lower classes for the current year's production of reproductive material shall be received by certifying agency from applicant not later than three days prior to initiation of collection, production, or propagation of forest reproductive material.
(b) For source identified subclass A and higher certification class, the applicant shall make application for service, and present a written plan to the certifying agency two weeks prior to the beginning of the collection season. The written plan will include the following:
(i) For subzone collection, areas shall be defined by legal description.
(ii) Details of the collection organization including names of buyers and field supervisors, estimated harvest volume, receiving station location(s), and other pertinent information.
(c) Application requests for all other services shall be received by certifying agency from applicant not later than seven days before need.
(3) The certifying agency establishes the fee schedule for certification services. These may be adjusted at the beginning of a crop year if certifying agency determines that costs are significantly more or less than anticipated: Provided, That increases shall not exceed twenty-five percent.
(a) Cones and seed:
(i) Tested and selected - The service includes review of test plans, audit of pertinent records and field inspection at the hourly job time rate shown in current fee schedule.
(ii) Source identified classes - The fee includes field inspection at the per bushel rate shown in the current fee schedule and audit of conditioning at the hourly rate also shown in the current fee schedule.
The fee for each lot containing less than sixty bushels shall be a maximum of thirty-six dollars: Provided, That the certifying agency, due to specific circumstances, may waive this maximum fee or a part thereof.
(iii) Audit class - The fee includes audit of applicant's field and conditioning records at the hourly rate shown in the current fee schedule.
(b) Trees: The fee includes the verification of the source of the trees from the seed source, stratification, sowing, bed identification, lifting, sorting, package identification, storing and/or transplanting.
(c) Not entered for certification: The fee for audit of reproductive material not entered for certification service is performed as required by and satisfactory to certifying agency to exercise said audit simultaneously with audit of reproductive material which applicant has requested certification service.
(d) The fee for certification classes applied for shall be charged whether or not offered material qualifies.
(e) The certifying agency may provide other services, such as training to comply with these standards, advising on the development of recordkeeping systems directly connected with certification needs if requested by the applicant.
(4) Fee schedule:
(a) Tree cones and seed -
Certification Classes
Field
Inspection
Audit
Fee
Due
Tested and Selected
$27.00/hr.
$27.00/hr.
When billed
Source Identified Classes:
Lots 11 bu. and more
$0.90/bu.
$27.00/hr.
 
Lots 6-10 bu.
$23.00/lot
$27.00/hr.
 
Lots 0-5 bu.
$13.00/lot
$27.00/hr.
 
Audit
None
$27.00/hr.
When billed
(b) Tree certification - $27.00/hr.
Seedling certification - Experience has shown that seedling certification normally requires a minimum of five nursery visits totaling approximately thirty-two hours. Plantation certification procedures shall be billed at the hourly rate.
(c) Other services including education to comply with the standards, development of record system, verification of source of pollen, cuttings, audit of forest reproductive material not offered for certification by applicant or other services requested, etc. at $27.00/hr. payable when billed.
(d) OECD certification (certificates of provenance) - $0.60 per certificate plus the hourly audit rate. (Auditors shall issue certificates.)