WSR 14-20-050 PERMANENT RULES DEPARTMENT OF AGRICULTURE [Filed September 25, 2014, 8:13 a.m., effective October 26, 2014] Effective Date of Rule: Thirty-one days after filing.
Purpose: The proposed changes establish certification standards for new seed crops being certified in Washington, align other standards with nationally established standards, update labeling and certification standards and take care of housekeeping items.
Citation of Existing Rules Affected by this Order: Amending WAC 16-301-005, 16-301-010, 16-301-011, 16-301-015, 16-301-025, 16-301-030, 16-301-045, 16-301-050, 16-301-055, 16-301-095, 16-301-120, 16-301-245, 16-301-250, 16-301-255, 16-301-260, 16-301-270, 16-301-280, 16-301-490, 16-301-495, 16-301-500, 16-301-505, 16-301-510, 16-301-515, 16-301-520, 16-301-525, 16-301-530, 16-301-535, 16-301-540, 16-301-545, 16-301-550, 16-301-555, 16-301-560, 16-301-565, 16-301-570, 16-301-575, 16-301-580, 16-302-010, 16-302-030, 16-302-040, 16-302-050, 16-302-055, 16-302-060, 16-302-070, 16-302-080, 16-302-085, 16-302-090, 16-302-091, 16-302-100, 16-302-105, 16-302-110, 16-302-125, 16-302-130, 16-302-135, 16-302-140, 16-302-150, 16-302-155, 16-302-170, 16-302-210, 16-302-215, 16-302-220, 16-302-245, 16-302-260, 16-302-275, 16-302-320, 16-302-385, 16-302-395, 16-302-410, 16-302-415, 16-302-445, 16-302-460, 16-302-465, 16-302-470, 16-302-475, 16-302-480, 16-302-485, 16-302-490, 16-302-495, 16-302-525, 16-302-555, 16-302-560, 16-302-660, 16-302-665, 16-302-680, 16-302-685, 16-302-690, 16-302-740, and 16-302-755.
Statutory Authority for Adoption: For WAC 16-301-245, 16-301-250, 16-301-255, 16-301-260, 16-301-270, 16-301-280, 16-301-490, 16-301-495, 16-301-500, 16-301-505, 16-301-510, 16-301-515, 16-301-520, 16-301-525, 16-301-530, 16-301-535, 16-301-540, 16-301-545, 16-301-550, 16-301-555, 16-301-560, 16-301-565, 16-301-570, 16-301-575, 16-301-580 is RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021; for all other sections is RCW 15.49.005, 15.49.081, 15.49.310, and 15.49.370(3).
Other Authority: Chapter 34.05 RCW.
Adopted under notice filed as WSR 14-16-036 on July 28, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 16, Amended 15, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 16, Amended 89, 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: September 25, 2014.
Don R. Hover
Director
AMENDATORY SECTION (Amending WSR 06-17-041, filed 8/8/06, effective 9/8/06)
WAC 16-301-005 General seed standards—Definitions.
Definitions for terms used in this chapter and in chapters 16-302 and 16-303 WAC may be found in chapter 15.49 RCW, seed. For the purposes of these chapters, the following definitions shall apply unless otherwise provided for in law or rule:
"Agricultural seed" as defined in RCW 15.49.011(2) includes grass, forage, cereal, oil, fiber, and other kinds of crop seeds commonly recognized within this state as agricultural seeds, lawn seeds, and combination of such seeds, and may include common and restricted noxious weed seeds but not prohibited noxious weed seeds.
"AOSA" means the Association of Official Seed Analysts.
"AOSCA" means the Association of Official Seed Certifying Agencies.
"Approved trial grounds" means a specific parcel of land approved by the director for experimental or limited production or increase of bean seed.
"Arbitration committee" means the committee established by the director under RCW 15.49.101 to hear and make determinations in mandatory, nonbinding, arbitration cases.
"Bean" means common beans and adzuki beans.
"Blend" as defined in RCW 15.49.011(3) means seed consisting of more than one variety of a species, each in excess of five percent by weight of the whole.
"Blending" as related to this chapter shall be the process of commingling two or more lots of seed to form one lot of uniform quality.
"Buyer" means a person who purchases seeds.
"Certifying agency" as defined in RCW 15.49.011(6) means:
(a) An agency authorized under the laws of any state, territory, or possession to certify seed officially and which has standards and procedures approved by the United States secretary of agriculture to assure the genetic purity and identity of the seed certified; or
(b) An agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed-certifying agencies under (a) of this subsection.
"Chairperson" means the person selected by the arbitration committee from among their numbers to preside.
(a) An agency authorized under the laws of any state, territory, or possession to certify seed officially and which has standards and procedures approved by the United States secretary of agriculture to assure the genetic purity and identity of the seed certified; or
(b) An agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed-certifying agencies under (a) of this subsection.))
"Common bean" means Phaseolus vulgaris L.
"Complete record" means information which relates to the origin, treatment, germination and purity (including variety) of each lot of seed. Records include seed samples and records of declaration, labels, purchases, sales, cleaning, bulking, treatment, handling, storage, analyses, tests and examinations.
"Department" as defined in RCW 15.49.011(((8))) (10) means the Washington state department of agriculture or its duly authorized representative.
"Director" as defined in RCW 15.49.011(((9))) (11) means the director of the department of agriculture.
"Field standards" means the tolerances permitted as determined by established field inspection procedures.
"Fiscal year" means the twelve-month period July 1 through June 30.
"Flower seeds" as defined in RCW 15.49.011(((11))) (13) include seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts, and commonly known and sold as flower seeds in this state.
"Germination" as defined in RCW 15.49.011(((13))) (15) means the emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, are indicative of the ability to produce a normal plant under favorable conditions.
"Interagency certification" means the participation of two or more official certifying agencies in performing the services required to certify the same lot or lots of seed.
"Isolation standards" means the distance in feet from any contaminating source (i.e., distance from other fields of same species).
"Label" as defined in RCW 15.49.011(((18))) (21) includes a tag or other device attached to or written, stamped, or printed on any container or accompanying any lot of bulk seeds purporting to set forth the information required on the seed label by chapter 15.49 RCW, and may include other information including the requirement for arbitration.
"Land standards" means the number of years that must elapse between the destruction of a stand of a kind, and establishment of a stand of a specified class of a variety of the same kind (i.e., number of years out of production of same crop kind).
"Mixture, mixed or mix" as defined in RCW 15.49.011(((22))) (24) means seed consisting of more than one species, each in excess of five percent by weight of the whole.
"Nursery" means an area of two acres or less in which grass for seed production is seeded in rows with twenty-four inch minimum spacing to facilitate roguing.
"O.E.C.D." means the Organization for Economic Cooperation and Development certification scheme.
"Off-type" means a plant or seed which deviates in one or more characteristics from that which has been described as being usual for the strain or variety.
"Official certificate" means a document issued by an official testing agency including but not limited to seed certification tags, bulk seed certification certificates, phyto-sanitary certificates, laboratory sanitary certificates, and other letters, tags, stamps, or similar documents certifying seed quality or condition.
"Official sample" as defined in RCW 15.49.011(((23))) (25) means any sample taken and designated as official by the department.
"Official seed laboratory" means a seed testing laboratory approved by the director, such as, but not limited to, Washington State Seed Laboratory, 21 N 1st Avenue, Yakima, Washington; and Oregon State Seed Laboratory, Oregon State University, Corvallis, Oregon. ((This definition is to include any laboratory that has an accreditation process in place.))
"Origin" means the county within the state of Washington, or the state, territory, or country where a specific seed lot was grown.
"Person" as defined in RCW 15.49.011(((26))) (27) means an individual, partnership, corporation, company, association, receiver, trustee or agent.
"Proprietary variety" means that crop variety for which a person has exclusive production and/or marketing rights.
"Representative sample" means a sample drawn in accordance with sampling procedures adopted in WAC 16-301-095.
"Seeds" as defined in RCW 15.49.011(((33))) (35) means agricultural or vegetable seeds, or other seeds as determined by rules adopted by the department.
"Seed labeling permit" means a permit issued by the department pursuant to RCW 15.49.400 to a person labeling seed for distribution in this state.
"Seed program advisory committee" means a committee of representatives from the small grains, pea, lentil, bean, vegetable, small seeded legumes, and grass seed industries selected by the program manager in consultation with the industry.
"Seed standards" means the tolerances permitted as determined by established seed inspection procedures.
"Serology" means precipitation, agglutination, immunodiffusion, or labeled antibody test methods (such as ELISA) that use the specificity of antigen-antibody reactions to detect and identify antigenic substances and the organisms such as viruses and bacteria that carry viruses.
"Stock seed" means breeders, prebasic, or like initial generation of seed.
"Sudangrass" means Sorghum bicolor x drummondii.
"University" means the Washington State University.
"USDA" means the United States Department of Agriculture.
"Vegetable seeds" as defined in RCW 15.49.011(((38))) (40) include the seeds of all crops that are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this state.
"WSCIA" means the Washington State Crop Improvement Association.
AMENDATORY SECTION (Amending WSR 03-18-072, filed 8/29/03, effective 9/29/03)
WAC 16-301-010 ((What)) Publications ((are)) adopted in chapters 16-301, 16-302, and 16-303 WAC ((and where can they be obtained?)).
(1) The department adopts the 2013 AOSCA rules and procedures for certification ((adopted in the year 2003. A copy may be obtained by writing; AOSCA, 600 Watertower Lane, Suite D, Meridian, Idaho 83642-6286)).
(2) The department adopts the 2013 AOSA rules for testing seed ((adopted in the year 2003. A copy may be obtained by contacting the administrative office for AOSA at McBride and Associates, Inc., P.O. Box 80705, Lincoln, NB 68501-0705)).
(3) The department adopts the Federal Seed Act and Code of Federal Regulations (C.F.R.) Part 201 as revised January ((1, 1998. A copy may be obtained by writing to the USDA, AMS, Washington, D.C. 20250)) 6, 2014.
Copies of these documents can be obtained by contacting the department's seed program by calling 509-249-6950.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-301-011 ((What are the)) Functions of the seed program advisory committee((?)).
The seed program advisory committee shall meet at least annually and make recommendations to the department regarding the objectives of the seed program. The review should include a review of the regulatory activities and program expenditures.
AMENDATORY SECTION (Amending WSR 11-19-014, filed 9/8/11, effective 10/9/11)
WAC 16-301-015 Seed labeling requirements for agricultural, vegetable, and flower seeds.
(1) Each container of agricultural, vegetable or flower seeds, that is sold, offered or exposed for sale, or transported within this state for sowing purposes, must bear or have attached to the container a plainly written or printed label or tag in the English language; and
(a) The label provides information required in WAC 16-301-060 through 16-301-085 on treated seeds in addition to the information required in subsection (2) of this section; and
(b) The label is placed in a conspicuous manner on the seed container; and
(c) The printed label or tag is not modified or denied in the labeling or on any label attached to the seed container.
(2) Each container of agricultural, vegetable, or flower seeds((, that is)) sold, offered or exposed for sale, or transported within this state for sowing purposes must bear "Requirement for arbitration - The Washington State Seed Act, chapter 15.49 RCW, requires mandatory arbitration of disputes involving allegedly defective seed. See chapter 16-301 WAC or contact the Washington State Department of Agriculture, Seed Program, 509-249-6950," on:
(a) The analysis tag; or
(b) A separate tag or label attached securely to each container; or
(c) Printed in a conspicuous manner on the side of each container; or
(d) Alternate wording may be approved in writing by the department to meet the needs of the industry.
(3) Except for grass seed mixtures, and hybrids that contain less than ninety-five percent hybrid seed, the label for agricultural seeds must contain the following information:
(a) The name of the kind and variety of each agricultural seed present in excess of five percent of the whole and the percentage by weight of each or if the variety is not listed with the certifying agency, the name of the kind and the words, "variety not stated." Hybrids must be labeled as hybrids; and
(b) The lot number or other lot identification; and
(c) The origin state or foreign country, if known. If the origin is not known, that fact shall be stated on the label; and
(d) The percentage, by weight, of all weed seeds present. The maximum weed seed content may not exceed two percent by weight; and
(e) The name and rate of occurrence in seeds per pound of each kind of restricted noxious weed seed present; and
(f) The percentage by weight of agricultural seeds, which may be designated as "crop seeds," other than those required to be named on the label; and
(g) The percentage by weight of inert matter; and
(h) The percentage of seed germination, exclusive of hard seed, and the percentage of hard seed, if present, or "total germination and hard seed" as a single percentage; and
(i) The calendar month and year the seed germination test was completed to determine such percentages; and
(j) The name and address of the person who labels, sells, offers, or exposes for sale seed within this state.
(4) For seed that is coated the label must also contain the following:
(a) The percentage of pure seed with coating material removed;
(b) The percentage of coating material shown as a separate item in close association with the percentage of inert material;
(c) The percentage of germination as determined on four hundred coated seed pellets, with or without seeds.
AMENDATORY SECTION (Amending WSR 02-12-060, filed 5/30/02, effective 6/30/02)
WAC 16-301-025 Special requirements for labeling of vegetable and flower seed as prepared for use in the home.
In addition to the information required on the label in WAC 16-301-015, the following requirements also apply to vegetable and flower seed as prepared for use in home:
(1) Vegetable seeds in packets or preplanted devices - Labeling for vegetable seeds in packets as prepared for use in home gardens or household plantings or vegetable seeds in preplanted containers, mats, tapes, or other planting devices must include the following information:
(a) The year in which the seed was packed for sale as "packed for planting in …" or the percentage germination and the calendar month and the year the test was completed to determine that percentage;
(b) Label for seeds which germinate less than the standard established in WAC 16-301-090 must include the following:
(i) Percentage of germination, exclusive of hard seed;
(ii) Percentage of hard seed, if present;
(iii) The words "below standard" in not less than eight-point type;
(c) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quality of seed without removing the seed from the medium, mat, tape or device, a statement to indicate the minimum number of seeds in the container.
(2) Vegetable seeds in containers - The labeling requirements for vegetable seeds in containers, other than packets prepared for use in home gardens or household plantings and other than preplanted containers, mats, tapes, or other planting devices, ((is)) are considered met if the seed is weighed from a properly labeled container of more than one pound in the presence of the purchaser.
(3) Flower seeds in packets or preplanted devices - Labeling for flower seeds in packets prepared for use in home gardens or household plantings or flower seeds in preplanted containers, mats, tapes, or other planting devices must include the following information:
(a) For all kinds of flower seeds:
(i) The name of the kind and variety or a statement of the kind and performance characteristics as prescribed in chapter 15.49 RCW and rules adopted thereunder;
(ii) The calendar month and year the seed was tested or the year for which the seed was packaged;
(b) Labels for seeds of those kinds for which standard testing procedures are prescribed and which germinate less than the germination standard established under the provisions of chapter 15.49 RCW must include the following:
(i) The percentage of germination exclusive of hard seeds;
(ii) The words "below standard" in not less than eight-point type.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-301-030 Exemptions for small grain, chickpea, field pea, lentil and/or soybean seed.
(1) Small grain, chickpea, field pea, lentil, and/or soybean seed distributed in packaged form to a wholesaler or a commercial grower for the grower's own use and accompanied by an invoice or other document containing the labeling information required in this chapter may attach labels containing information required in treated seed label requirements listed in WAC 16-301-060 through 16-301-085; and the net weight of the seed if the purchaser has knowledge of, and consents to, the invoice labeling. Small grain seed labels must also contain information in WAC 16-301-020 (1)(a).
(2) With the exception of PVP Title V varieties that are required to be sold as a class of certified seed, when small grain, chickpea, field pea, lentil, and/or soybean seed is needed for immediate planting, a purchaser may waive the seed analysis information requirement for the purchase by completion of the following waiver:
AMENDATORY SECTION (Amending WSR 09-16-006, filed 7/22/09, effective 8/22/09)
WAC 16-301-045 Prohibited noxious weed seeds.
Prohibited noxious weed seeds are the seeds of weeds which when established are highly destructive, competitive and/or difficult to control by cultural or chemical practices. Seed is deemed mislabeled if the seed consists of or contains any of the prohibited noxious weed seeds listed below. For the purpose of seed certification, see WAC 16-302-100 for the list of prohibited noxious weeds.
AMENDATORY SECTION (Amending WSR 09-16-006, filed 7/22/09, effective 8/22/09)
WAC 16-301-050 Restricted noxious weed seeds.
Restricted (secondary) noxious weed seeds are the seeds of weeds which are objectionable in fields, lawns, and gardens of this state, but which can be controlled by cultural or chemical practices. Seed is deemed mislabeled if it consists of or contains any of the restricted noxious weed seeds listed below in excess of the number declared on the label. For the purpose of seed certification, see WAC 16-302-105 for the list of objectionable weeds.
AMENDATORY SECTION (Amending WSR 03-18-072, filed 8/29/03, effective 9/29/03)
WAC 16-301-055 Tolerances for seed law enforcement.
Tolerances for seed law enforcement shall be in accord with the code of federal regulations, C.F.R. Title 7, Section 201 as revised ((January 1, 1998)) February 25, 2014 and/or those adopted by the Association of Official Seed Analysts, as amended on October 1, ((2003)) 2013, except for the tolerances for prohibited noxious and restricted noxious weed seed which shall be as the Washington state seed law specifies for labeling.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-301-095 Sampling—Administration of the Washington State Seed Act.
(1) The official sampling procedure for sampling all seed is as follows:
(a) In order to secure a representative sample, equal portions must be taken from evenly distributed parts of the quantity of seed to be sampled. Access must be allowed to all parts of that quantity.
(b) For free-flowing seed in bags or bulk, a probe or trier is used. For small free-flowing seed in bags, a probe or trier long enough to sample all portions of the bag or container must be used.
(c) Nonfree-flowing seed, such as certain grass seed, uncleaned seed, or screenings, difficult to sample with a probe or trier, are sampled by thrusting the hand into the bulk and withdrawing representative portions.
(d) Composite samples must be obtained to determine the quality of a lot of seed, such as the percentages of pure seed, other crop seed, weed seed, inert matter, noxious weed seed, germination, varietal purity, freedom from disease, and effectiveness of seed treatment. Individual bag samples may be obtained to determine whether the seed is of uniform quality.
(2) Sampling equipment. The trier must be designed so that it will remove an equal volume of seed from each part of the bag through which the trier travels. Unless the trier has partitions in the seed chamber, it must be inserted into the bags horizontally.
(3) Obtaining representative samples.
(a) For lots of one to six bags, sample each bag and take a total of at least five cores or handsfull.
(b) For lots of more than six bags, sample five bags plus at least ten percent of the number of bags in the lot. (Round numbers with decimals to the nearest whole number.) Regardless of the lot size, it is not necessary to sample more than thirty bags.
(c) For sampling bulk seed to obtain a composite sample, take at least as many cores or handsfull as if the same quantity of seed were in bags of an ordinary size. Take the cores or handsfull from well-distributed points throughout the bulk.
(d) Seed in small containers must be sampled by taking entire unopened container in sufficient numbers to supply a minimum size sample as required ((in subsection (4) of this section)) by the AOSA rules for testing seed. The contents of a single container or the combined contents of multiple containers of the same lot must be considered representative of the entire lot of seed sampled.
(((4) Minimum weights of seed samples are defined in chapter 16-303 WAC, Schedule of testing, certification and other fees.))
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-301-120 Arbitration committee.
The director shall create a seed arbitration committee composed of five members, including the director, or a department of agriculture employee as his or her designee, and four members. Four alternates shall also be appointed by the director according to the requirements of RCW 15.49.111.
(1) Each alternate member shall serve only in the absence of the member for whom the person is an alternate.
(2) The arbitration committee shall elect a chairperson and a secretary from among its members.
(a) The chairperson shall conduct meetings and deliberations of the committee and direct its other activities.
(b) The secretary shall keep accurate records of all meetings and deliberations and perform other duties as assigned by the chairperson.
(3) The committee shall be called into session at the direction of the director or the chairperson.
(4) The members of the committee shall receive no compensation for their duties but shall be reimbursed for travel expenses according to established state travel and per diem rates. Expense reimbursement shall be borne equally by the parties to the arbitration.
(5) A committee member, delegated with investigative responsibilities outside of the hearing under WAC ((16-318-395)) 16-301-185, may not participate in making the final decision and award.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-301-245 Annual bluegrass quarantine—Establishing quarantine.
The seeds of the weed known as annual bluegrass, Poa annua and its known strains, hereinafter referred to as annual bluegrass, are objectionable in turf grass seed; therefore, an annual bluegrass quarantine is established to prevent the introduction of annual bluegrass into grass seed production areas, to control seed stocks to be planted for further seed increase, and to assure grass seed growers of a source of seed stock for planting purposes which is tested for presence of annual bluegrass.
AMENDATORY SECTION (Amending WSR 04-06-019, filed 2/23/04, effective 3/26/04)
WAC 16-301-250 Annual bluegrass quarantine—Definitions.
Definitions for terms in this chapter may be found in chapter 15.49 RCW and WAC 16-301-005, except for the purposes of WAC 16-301-255 through 16-301-295, the following definitions shall apply:
(1) "Annual bluegrass" means Poa annua and all related subspecies and hybrids.
(2) "Seed stock" means those seeds of turf type grasses which are to be planted for seed increase or with intent of seed increase.
(3) "Annual bluegrass analysis certificate" means a test report from an official seed laboratory showing freedom from annual bluegrass based on a ten gram sample for bentgrass or redtop; and a twenty-five gram sample for other turf type grasses.
(((4) "Quarantine tag" means a tag issued by Washington state department of agriculture to be sealed to each bag showing said seed has met quarantine requirements.))
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-301-255 Annual bluegrass quarantine—Regulated area.
Areas regulated under the annual bluegrass quarantine include all areas of the state of Washington lying east of the Cascade Crest, excluding Klickitat County and the portion of Benton County south of Interstate 82.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-301-260 Annual bluegrass quarantine—Quarantine area.
Areas quarantined under the annual bluegrass quarantine include all areas of the state of Washington lying west of the Cascade Crest, Klickitat County and the portion of Benton County south of Interstate 82 in Eastern Washington and all areas outside of the state of Washington.
AMENDATORY SECTION (Amending WSR 04-06-019, filed 2/23/04, effective 3/26/04)
WAC 16-301-270 Annual bluegrass quarantine—Conditions governing movement of regulated articles.
(1) No seed stock may be shipped, transported, moved within, or into the annual bluegrass quarantine regulated area unless such seed stock is accompanied by a test report from an official laboratory showing said seed stock is free of annual bluegrass on the basis of a minimum ten gram analysis for bentgrass and a minimum of twenty-five gram analysis for other grasses except that seed stock found to contain annual bluegrass may be planted in the regulated area if planted in a nursery under an inspection program as established by the state department of agriculture.
(2) This quarantine shall not apply to seed sown for forage or turf. This quarantine shall not apply to range, reclamation, or forage type seed production fields.
(3) This quarantine shall not apply to:
(a) Experiments or trial grounds of the United States Department of Agriculture;
(b) Experiments or trial grounds of Washington State University experiment station; or
(c) Trial grounds of any person, firm, or corporation; provided said trial ground plantings are approved by the director and under supervision of technically trained personnel familiar with annual bluegrass control.
(4) Any person shipping, moving or transporting any seed stock for planting purposes in or into the regulated area that is not ((tagged with official "annual bluegrass quarantine" tags or)) represented by a test report showing freedom of annual bluegrass as allowed in subsection (1) of this section must:
(a) State where and when seed stock can be sampled for the required annual bluegrass test; or
(b) Attach a copy of the official laboratory analysis showing freedom from annual bluegrass; or
(c) Submit a representative sample for testing.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-301-280 Annual bluegrass quarantine—Procedure for clearing.
(((1))) Each person moving, shipping or transporting seed stock within or into the annual bluegrass quarantine regulated area must:
(((a))) (1) Submit an official laboratory analysis of a representative sample showing freedom from annual bluegrass; or
(((b))) (2) Submit a representative sample for testing.
(((2) Upon receipt of an official laboratory analysis showing freedom from annual bluegrass, the department of agriculture shall tag each bag of those lots found free of annual bluegrass by the required test with "annual bluegrass quarantine" tag, stating said seed is eligible for planting in Eastern Washington.))
AMENDATORY SECTION (Amending WSR 06-01-111, filed 12/21/05, effective 1/21/06)
WAC 16-301-490 ((Why is the department establishing a)) Crucifer seed quarantine((?)).
The production of crucifer vegetable seed is an important industry in Washington state. The economic well-being of that industry is threatened by the introduction of crucifer seed infected with certain bacterial and fungal pathogens. In addition, certain crucifer species produce dormant seed that, if present in a seed lot will persist into subsequent cropping years. The resulting "volunteer" plants have the potential to become established as weeds in Washington state.
The director has determined that a quarantine is needed to protect the Washington crucifer vegetable seed industry from the introduction of seed infected with certain pathogens and from the introduction of crucifer seed containing dormant seed. The quarantine will provide the seed growers in this state with sources of crucifer seed that have been tested and proven to be free from harmful pathogens and, when appropriate, dormant seed.
AMENDATORY SECTION (Amending WSR 06-01-111, filed 12/21/05, effective 1/21/06)
WAC 16-301-495 ((What)) Definitions ((are important to understanding this chapter?)).
Definitions for some terms in this chapter can be found in chapter 15.49 RCW and chapter 16-301 WAC. In addition, the following definitions apply to this chapter:
"Approved treatment methods" include hot water, hot chlorine or any other methods that can eliminate the presence of regulated pathogens.
"Crucifer" means all plants in the family Brassicaceae (also known as Cruciferae) and specifically includes all Brassica species, Raphanus sativus - Radish, Sinapis alba and other mustards.
"Crucifer production" means any planting of crucifer seed or seedlings for the purpose of producing seed, oil, commercial vegetables or cover crops.
"Crucifer seed" includes any part of a plant capable of propagation including, but not necessarily limited to, seeds, roots, and transplants.
"Department" means the Washington state department of agriculture (WSDA).
"Director" means the director of the Washington state department of agriculture or the director's designee.
"Dormant seed" means viable true seed that displays a delay in or lack of germination when provided favorable germination conditions for the type of seed in question.
"Owner" means the person having legal ownership, possession or control over a regulated article covered by this chapter including, but not limited to, the owner, shipper, consignee, grower, seed dealer, landowner or their agent.
"Person" means any individual, partnership, association, corporation, or organized group of persons whether or not incorporated.
"Regulated area" means those geographic areas that are protected from the introduction of specified plant pests by the provisions of this quarantine.
"Seed lot" means a designated quantity of seed that is uniquely identified by a lot number.
"Seed program" means the Washington state department of agriculture seed program.
"Trial ground" means a specific parcel of land approved by the director for experimental or limited production or increase of crucifer seed and for planting seed lots whose quantity of seed is insufficient to allow for pathological testing.
"True seed" means a mature fertilized ovule consisting of an embryo, with or without an external food reserve enclosed by a seed coat.
AMENDATORY SECTION (Amending WSR 06-01-111, filed 12/21/05, effective 1/21/06)
WAC 16-301-500 ((What)) Crucifer articles ((are)) regulated by this chapter((?)).
(1) With the exception of the exemptions listed in WAC 16-301-525(4), all crucifer seed, seedlings, roots, or transplants intended for seed production, oil production, commercial vegetable production or cover crop use are regulated under the provisions of this chapter.
(2) This chapter also regulates crop residue remaining from the harvest of infected crucifer plants.
AMENDATORY SECTION (Amending WSR 06-01-111, filed 12/21/05, effective 1/21/06)
WAC 16-301-505 ((What diseases are)) Diseases regulated by this chapter((?)).
(1) "Regulated diseases" means those bacterial and fungal diseases of crucifers listed in this section and any new variations or strains of these diseases.
(2) "Regulated pathogens" means those bacterial and fungal organisms identified as the casual agents for the diseases listed in this section.
(3) The following bacterial and fungal diseases of crucifers, and any new strains or variations of these diseases are regulated by this chapter:
AMENDATORY SECTION (Amending WSR 06-01-111, filed 12/21/05, effective 1/21/06)
WAC 16-301-510 ((What)) Seed ((must undergo)) dormancy testing((?)).
Any seed of a Brassica or Sinapis species whose primary uses for any nonvegetable use must be tested for the presence of dormant seed.
This testing must be done by either a single or paired germination test that demonstrates freedom of dormant seed.
AMENDATORY SECTION (Amending WSR 06-01-111, filed 12/21/05, effective 1/21/06)
WAC 16-301-515 ((What is the quarantined area for this)) Crucifer seed quarantine((?))—Quarantined area.
(1) The quarantine area for the crucifer seed quarantine includes all Washington state counties except Clallam, Island, Lewis, Skagit, Snohomish, and Whatcom counties.
(2) Regulated articles imported into Washington state must comply with the regulations of this chapter before transport into the regulated area. No additional requirements apply within the quarantine area but all regulated articles transported into the regulated area must comply with the regulations of this chapter.
AMENDATORY SECTION (Amending WSR 06-01-111, filed 12/21/05, effective 1/21/06)
WAC 16-301-520 ((What is the regulated area for this)) Crucifer seed quarantine((?))—Regulated area.
The regulated area for this crucifer seed quarantine includes Clallam, Island, Lewis, Skagit, Snohomish, and Whatcom counties.
AMENDATORY SECTION (Amending WSR 07-19-122, filed 9/19/07, effective 10/20/07)
WAC 16-301-525 ((What are the exemptions to the)) Crucifer seed quarantine ((that apply)) within the regulated area((?))—Exemptions.
This crucifer quarantine does not apply to:
(1) Experiments or trial grounds of the United States Department of Agriculture;
(2) Experiments or trial grounds of a university such as but not limited to the University of Idaho or Washington State University research stations; or
(3) Trial grounds of any person, firm or corporation that are approved by the director and established in accordance with WAC 16-301-550((.));
(4) Shipments, movements, or transportation of:
(a) Prepackaged crucifer seed in packages of 1/2 ounce or less if the seeds are free of regulated diseases as required in WAC 16-301-530; or
(b) Vegetable seedlings offered for sale for home garden use in the regulated area if the seedlings are free of regulated diseases as required in WAC 16-301-530.
(5) Research, variety development, variety maintenance or other crucifer production where the entire crop cycle is confined within a building or greenhouse((.));
(6) Seed lots with a maximum weight of five pounds that were in inventory prior to January 1, 2007.
AMENDATORY SECTION (Amending WSR 07-19-122, filed 9/19/07, effective 10/20/07)
WAC 16-301-530 ((What requirements apply to)) Planting crucifer seed in the regulated area((?))—Requirements.
(1)(a) It is a violation of this chapter to plant or establish crucifer seed that is infected with any regulated disease in the regulated area.
(b) Any seed of a Brassica or Sinapis species planted or established in the regulated area whose primary use is for any nonvegetable use must be tested for the presence of dormant seed as required by WAC 16-301-510.
(2) Any person who plans to ship, move, or transport any crucifer seed intended for planting purposes into or within the regulated area must file a Notice of Intent/Quarantine Compliance form with the seed program before planting or offering the seed for sale.
(3) The Notice of Intent/Quarantine Compliance form filed with the seed program must be accompanied by a copy of the:
(a) Laboratory analysis or some other proof (such as a phytosanitary certificate based upon laboratory testing issued from the state or country of production) demonstrating that the lot is free of regulated diseases; and
(b) Seed analysis certificate(s) showing that the lot is free from dormant seed, if required under WAC 16-301-510.
(4) It is a violation of this chapter for any crucifer seed intended for seed production, oil production, commercial vegetable production or cover crop use to be offered for sale within or into the regulated area unless accompanied by documentation verifying quarantine compliance.
(a) For small packages such as heat sealed envelopes and tins, quarantine compliance may be placed on a sales invoice or other documentation that is provided to the purchaser of seed. Language must be approved by the seed program.
(b) Larger containers must bear a label issued by the seed program indicating that the seed is in compliance with this chapter.
AMENDATORY SECTION (Amending WSR 06-01-111, filed 12/21/05, effective 1/21/06)
WAC 16-301-535 ((What requirements apply to)) Boxes and racks used to ship crucifer seedlings((?))—Requirements.
(1) Only boxes that have not previously contained crucifer seedlings may be used for shipping transplants into or within a regulated area.
(2) Racks used to ship transplanted crucifer seedlings must be thoroughly disinfected with an appropriate sanitizer before the seedlings are shipped.
AMENDATORY SECTION (Amending WSR 06-01-111, filed 12/21/05, effective 1/21/06)
WAC 16-301-540 ((What requirements apply to)) Crucifer transplants grown in greenhouses in the regulated area((?))—Requirements.
(1) All crucifer transplants produced in greenhouses in the regulated area must be subjected to pest control procedures that reduce the presence of diseases or insects that may inhibit identifying regulated diseases.
(2) The interiors of greenhouses in the regulated area used to produce crucifer transplants must be free of crucifer weeds.
(3) One hundred meter buffers, free of crucifer weeds, must surround all greenhouses in the regulated area used to produce crucifer transplants.
AMENDATORY SECTION (Amending WSR 06-01-111, filed 12/21/05, effective 1/21/06)
WAC 16-301-545 ((What requirements apply to)) Crucifer seed lots that test positive for any regulated disease((?))—Requirements.
(1) If a crucifer seed lot tests positive for any regulated disease, the infected seed lot may be treated with an approved seed treatment.
(2) After treatment, the seed lot must be tested for the presence of regulated diseases using appropriate pathological testing methods.
(3) If the pathological testing yields negative test results, the seed lot will be considered in compliance with this chapter.
(4) It is a violation of this chapter to plant seed in the regulated area that tests positive for any regulated disease subsequent to any approved treatment method.
AMENDATORY SECTION (Amending WSR 06-01-111, filed 12/21/05, effective 1/21/06)
WAC 16-301-550 ((If documentation verifying that crucifer seed is free from regulated diseases is not available, what protocols must be followed before the seed is planted in a regulated area?)) Planting seed in a regulated area—Protocols when certain documentation is unavailable.
When no documentation exists verifying that a crucifer seed lot is free from regulated diseases, the following protocols must be followed before the seed is planted in the regulated area:
(1) A crucifer seed lot will be classified as a suspect seed lot if the seed lot lacks the documentation verifying that the lot complies with the crucifer seed quarantine requirements of this chapter.
(2) Suspect seed lots must:
(a) Not be offered for sale in the regulated area.
(b) Be treated by an approved treatment method.
(c) Be sown in a greenhouse and the seedlings must pass inspection by seed program inspectors before transplanting to the field.
(3) Any greenhouse operation used to grow crucifer seedlings for transplant must:
(a) Physically separate suspect seed lots from other crucifer production within that greenhouse.
(b) Monitor and document the location and identity of each suspect seed lot during production.
(4) It is a violation of this chapter for seedlings from a suspect seed lot to be topped, clipped, chopped or undergo any other treatment to toughen them or reduce their size.
(5) All seedlings from a suspect seed lot that exhibit symptoms of regulated diseases must be physically separated from asymptomatic transplants in that lot.
(6) Before shipping seedlings from a suspect seed lot, the seedlings must be inspected by seed program inspectors for the presence of regulated diseases.
(a) If no symptoms of regulated diseases are detected during this inspection, the suspect seed lot is considered in compliance with this chapter and may be sold and planted within the regulated area.
(b) If seedlings display symptoms of regulated diseases, laboratory testing for the diseases is mandatory.
(c) If seedlings from a suspect seed lot test negative for regulated pathogens after appropriate pathological testing, the suspect seed lot is considered in compliance with this chapter and may be sold and planted within the regulated area.
(d) If the presence of a regulated disease is confirmed by laboratory testing, all seedlings from a suspect seed lot may be subject to a quarantine order or destruction order under WAC 16-301-570.
(7) Any crucifer seed production fields, plant beds, or greenhouse production that will be planted with or receives production from suspect seed lots that are determined to be free from regulated diseases under subsection (6) of this section must be entered into the Washington state phytosanitary inspection program as required under WAC 16-301-235.
(8)(a) It is a violation of this chapter to plant seedlings from a suspect seed lot that tests positive for any regulated disease in the regulated area.
(b) Any suspect seed lot testing positive for any regulated disease may be subject to a quarantine order or a destruction order under WAC 16-301-570.
AMENDATORY SECTION (Amending WSR 06-01-111, filed 12/21/05, effective 1/21/06)
WAC 16-301-555 ((How are)) Approved trial grounds ((established and what rules apply to them?)).
(1) If a crucifer seed lot has not been tested to determine if it is disease free, and the quantity of seed in the lot is too small for testing to be practical, it must be planted in an approved trial ground that meets the requirements of the seed program.
(2) Trial grounds may be established for the purposes of, but not limited to, variety maintenance, variety development or other related research.
(3)(a) The seed program must approve a trial ground before it is established.
(b) Failure to obtain approval of a trial ground before it is established is a violation of this chapter and may subject the trial ground to a destruction order under WAC 16-301-570.
(4)(a) Trial grounds must be isolated from crucifer production crops according to the standards set in "Seed Field Minimum Isolation Distances" published by the Washington State University (WSU) cooperative extension.
(b) Copies of this publication can be obtained by contacting a WSU extension office.
(5) A person may plant crucifer seed in an approved trial ground after notifying the seed program, in writing, of their intent to plant for research purposes only. The notification will include an assurance that the person planting crucifer seed in an approved trial ground will comply with the inspection procedures in WAC 16-301-560, the isolation requirements prescribed by the WSU extension publication "Seed Field Minimum Isolation Distances," and any other requirements established by the director.
(6) The maximum planting in a trial ground is:
(a) One pound per variety for crucifer seed; and
(b) One-half acre for crucifer transplants.
AMENDATORY SECTION (Amending WSR 06-01-111, filed 12/21/05, effective 1/21/06)
WAC 16-301-560 ((What are the)) Inspection requirements for trial grounds((?)).
(1) Applications for the phytosanitary field inspection of a trial ground must be submitted to the department before September 1 of the year the trial ground is established.
(2) A minimum of two phytosanitary field inspections of a trial ground must be conducted. These inspections must take place:
(a) During the seedling stage; and
(b) At the bloom stage.
(3) The phytosanitary field inspection application must include:
(a) A detailed varietal planting plan;
(b) A description of the exact location of the trial ground;
(c) The manner in which the trial ground will be isolated from other known crucifer production; and
(d) The distance by which the trial ground is isolated from other known crucifer production.
(4) If the field inspections detect any regulated pathogens, the trial ground is subject to destruction upon the order of the director.
(5) A disinfectant must be applied to the:
(a) Machinery used in the production of the crucifer crop;
(b) Footwear of all persons entering the trial grounds; and
(c) Footwear of all persons before traveling from a trial ground to other crucifer fields.
AMENDATORY SECTION (Amending WSR 06-01-111, filed 12/21/05, effective 1/21/06)
WAC 16-301-565 ((What are the)) Testing requirements for seed harvested from an approved trial ground((?)).
(1) Seed harvested from an approved trial ground must be tested in an approved laboratory for the presence of regulated pathogens before it is planted in a regulated area.
(2) If the seed harvested from a trial ground tests positive for any regulated pathogens, it may not be released for general planting within a regulated area.
(3)(a) Seed harvested from a trial ground infected with a regulated pathogen must either be destroyed or shipped out of the regulated area.
(b) Written documentation of either the seed's destruction or shipment out of the regulated area must be submitted to the seed program within thirty days of the positive test for the regulated pathogen.
(c) Seed from a trial ground infected with a regulated pathogen that remains in a regulated area beyond thirty days may be subject to destruction upon the order of the director.
AMENDATORY SECTION (Amending WSR 06-01-111, filed 12/21/05, effective 1/21/06)
WAC 16-301-570 ((What are the)) Penalties for violating the crucifer seed quarantine((?)).
(1) When the director determines that crucifer seed or production is infected with a regulated disease, the director may issue a quarantine order or notice of destruction. A violation of this chapter may also result in either a quarantine order or notice of destruction as determined by the director and the rules regulating the crucifer quarantine. Any costs associated with complying with a notice of destruction or quarantine order is the sole responsibility of the owner and not the responsibility of the department.
(2) The director may issue a notice of destruction:
(a) The notice of destruction will identify the property or seed lot affected.
(b) The notice of destruction will order the destruction of regulated articles or prescribe the terms of entry, inspection, partial destruction and/or treatment of regulated articles.
(c) The notice of destruction may prescribe control measures or other requirements needed to prevent the infection of adjacent properties with a regulated disease.
(d) To ensure that the affected parties comply with the measures required to eliminate a disease caused by regulated pathogens, the director will notify the owner and seed company representatives, if known, regarding the methods of destruction to be used, the extent of the destruction and the safeguards being implemented to prevent the spread of the disease.
(3) The director may order the quarantine of any regulated article or planting area. The director will:
(a) Determine the quarantine conditions;
(b) Determine if a quarantine extension is warranted; and
(c) Prescribe sanitary precautions that will prevent the spread of the suspected regulated disease.
(4) To prevent the spread of the suspected regulated disease, persons entering the quarantined area must follow the sanitary precautions in WAC 16-301-560(5). Entry into the quarantined area is restricted to:
(a) The owner;
(b) Department employees;
(c) University personnel or other plant pathology specialists; and/or
(d) Persons authorized in writing by the director.
(5) Fields placed under a quarantine order:
(a) Must enter the Washington state phytosanitary inspection program as required under WAC 16-301-235 with all inspection costs borne by the owner.
(b) May be subject to additional inspection, control, isolation, or destruction requirements if the director determines they are needed to prevent the spread of regulated pathogens.
AMENDATORY SECTION (Amending WSR 06-01-111, filed 12/21/05, effective 1/21/06)
WAC 16-301-575 ((How are)) Identification of diseased crucifer seeds and infected fields ((identified?)).
(1) So that timely investigations may be made, all interested parties, including owners, seed company representatives, and university extension personnel are encouraged to promptly report any suspected infected crucifer fields to the seed program.
(2) Any crucifer crop infected with a regulated pathogen must be reported to the seed program within seventy-two hours after the regulated pathogen is discovered.
(3)(a) The seed program may conduct inspections and tests to determine infection of any crucifer seed or production with a regulated disease.
(b) If a WSDA plant services program plant pathologist and a qualified plant pathologist representing a commercial company or owner disagree over the presence of a regulated disease, the company or owner may request a verification test for a regulated pathogen. A university plant pathologist may recommend the verification test. The verification test must use accepted scientific and professional techniques and will be at the owner's expense.
(c) The affected planting area will be placed under quarantine for at least thirty days or until verification testing is completed.
AMENDATORY SECTION (Amending WSR 06-01-111, filed 12/21/05, effective 1/21/06)
WAC 16-301-580 ((What regulations apply to)) Diseased crucifer seeds and infected fields((?))—Regulations.
(1) When the director determines that a field is infected with a regulated pathogen and threatens to infect other fields, the director may issue a notice of destruction prescribing control measures or other requirements needed to prevent the infection of adjacent properties.
(2) Unless the crop is within two weeks of harvest, any crucifer crop within the regulated area that is infected with a regulated pathogen may be subject to immediate destruction, in part or in total. The owner is responsible for the expenses incurred to destroy a diseased crucifer crop.
(3) The following requirements apply to crops that are within two weeks of harvest:
(a) Residues must be destroyed or incorporated into the ground immediately after harvest;
(b) Harvested seed must be isolated from other seed lots until it is treated with hot water and/or chlorine seed treatments;
(c) Harvest equipment must be steam cleaned before entering any other fields; and
(d) WSDA personnel in consultation with WSU extension personnel must monitor these post-harvest activities.
AMENDATORY SECTION (Amending WSR 08-13-014, filed 6/6/08, effective 7/7/08)
WAC 16-302-010 Agencies that certify seed in Washington state.
(1) Seed certification in Washington state is conducted under the authority of chapter 15.49 RCW. The department conducts seed certification in cooperation with the ((WSCIA)) Washington State Crop Improvement Association, Washington State University and ((AOSCA)) the Association of Official Seed Certifying Agencies.
(2) The ((WSCIA)) Washington State Crop Improvement Association is designated to assist the department in the certification of certain agricultural seeds. A memorandum of understanding between the department and the ((WSCIA)) Washington State Crop Improvement Association designates ((WSCIA)) the Washington State Crop Improvement Association to act as the director's duly authorized agent for the purpose of certifying seed of buckwheat, chickpeas, field peas, lentils, millet, soybeans, small grain, sorghum and forest trees((. The address and phone number for the WSCIA office is 1610 N.E. Eastgate Blvd. Suite 610, Pullman, WA 99163, 509-335-8250)), including conditioning plant inspections for these crops.
(3) The department's seed program certifies seed other than buckwheat, chickpeas, field peas, lentils, millet, soybeans, small grain, sorghum and forest trees. ((The address and phone number for the department seed program office is 21 N. 1st Avenue, Yakima, WA 98902, 509-249-6950.))
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-015 Seed classes recognized for seed certification.
For the eligibility of varieties of seed refer to WAC 16-302-040. Four seed classes are recognized in seed certification, namely: Breeder, foundation, registered, and certified.
(1) Breeder seed is seed or vegetative propagating material directly controlled by the originating, or in certain cases the sponsoring plant breeder, institution, or firm. Breeder seed supplies the source for the initial and recurring increase of foundation seed. Breeder seed may also be used to produce subsequent generations.
(2) Foundation seed (identified by white tags) is first-generation seed increased from breeder seed or its equivalent. Production must be carefully supervised and approved by the certifying agency and/or the agricultural experiment station. Foundation seed is eligible to produce registered or certified seed.
(3) Registered seed (identified by purple tags) is the progeny of breeder or foundation seed that is handled as to maintain satisfactory genetic identity and purity and is approved and certified by the certifying agency. Registered seed is eligible to produce certified seed.
(4) Certified seed (identified by blue tags) is the progeny of breeder, foundation, registered or certified seed which is handled as to maintain satisfactory genetic identity and purity and is approved and certified by the certifying agency. Certified seed is not eligible for recertification ((for the crops certified by WSCIA, listed in WAC 16-302-550)), except as provided for in WAC 16-302-035.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-030 Standards for production of foundation seed.
The general seed certification standards together with specific crop standards established in this chapter constitute the basic standards for production of foundation seed as deemed necessary by the certifying agency. Seed to be eligible for foundation certification tags, or OECD basic tags, must be approved by the originating plant breeder or his designated agent, and in compliance with the following standards:
(1) Preplanting report. A preplanting inspection, an industry responsibility, must be made of fields to be planted with breeder seed. A written report of the preplant inspection, performed by either a representative of the person issuing the contract or by the grower must be maintained by the variety owner or designee for a minimum of three years. The report shall show the grower's name, number of acres, location, crop history for the past three years, crops to be planted, origin of breeder seed, isolation status, and weed and crop present.
(2) Planting requirement. To distinguish between any possible volunteer and the crop seeded, all fields must be planted in distinct rows. Plants outside defined rows may be construed as volunteers.
(3) Combine inspection. The combine used for seed harvesting must be cleaned and inspected prior to harvesting foundation or OECD basic seed. The combine must be free of all contaminating material. If an official combine inspection is requested, the certifying agency must be notified of the following: The date, time, and location where the combine inspection may be made.
(4) Processing plant inspection. The processing or conditioning plant must be inspected before processing foundation or OECD basic seed and periodic inspections will be made during processing by the processor.
(5) Recleaning, rebagging, preinoculation, treating, or other processes must be approved by the certifying agency. An original tag must be submitted with the request for recertification and the seed must be retagged and resealed on completion.
(6) For a proprietary variety the above combine inspection (subsection (3) of this section), and processing plant inspection (subsection (4) of this section), responsibility may be assigned to the proprietor or his designee upon their request. The variety owner or designee must maintain a report covering required inspections.
AMENDATORY SECTION (Amending WSR 10-02-113, filed 1/6/10, effective 2/6/10)
WAC 16-302-040 Varieties eligible for seed certification in Washington state.
(1) Only seed varieties that are accepted as meriting seed certification by an appropriate AOSCA National Variety Review Board or a member agency of AOSCA in accordance with the criteria listed in subsection (((3))) (2) of this section may be eligible for seed certification in Washington state.
(2) ((A current list of varieties eligible for certification for the crops certified by the seed program may be obtained by contacting WSDA Seed Program, 21 N. 1st Avenue, Yakima, WA 98902, 509-249-6950. A current list of varieties eligible for certification for the crops certified by WSCIA may be obtained by contacting WSCIA, 1610 N.E. Eastgate Blvd. Suite 610, Pullman, WA 99163, 509-335-8250.
(3))) The following information is required for submission to an AOSCA National Variety Review Board or other certifying agency for acceptance of a seed variety for certification:
(((a) A statement and supporting evidence by the originator, developer, or owner requesting certification that:
(i) The variety has been adequately tested to determine its value and probable area of adaptation, and that it merits certification; and
(ii) The variety is distinguishable from other varieties as set forth in Article 5, International Code of Nomenclature for Cultivated Plants, which reads as follows: "The term cultivar (variety) denotes an assemblage of cultivated individuals which are distinguished by any characters (morphological, physiological, cytological, chemical or others) significant for the purposes of agriculture, forestry, or horticulture, and which, when reproduced (sexually or asexually) retain their distinguishing features."
(b) A statement on origin and breeding procedure.
(c) A description of:
(i) The morphological characteristics, (such as color, height, uniformity, leaf, head or flower characteristics, etc.);
(ii) Physiological characteristics;
(iii) Disease and insect reactions; and
(iv) Any other identifying characteristics of value to field inspectors and other pertinent factors as the breeder or sponsor considers relevant.
(d) Evidence of performance, including data on yield, insect or disease resistance and other factors supporting the value of the variety. Performance tests may be conducted by private seed firms or agricultural experiment stations, and must include appropriate check varieties, which are used extensively in the area of intended usage.)) (a) The name of the variety.
(b) A statement concerning the variety's origin and the breeding procedure used in its development.
(c) A detailed description of the morphological, physiological, and other characteristics of the plants and seed that distinguish it from other varieties.
(d) Evidence supporting the identity of the variety, such as comparative yield data, insect and disease resistance, or other factors supporting the identity of the variety.
(e) A statement giving the suggested region of probable adaptation and purposes for which the variety is used. ((This includes where the breeder of the variety has tested the variety and anticipates recommending the merchandising of it.))
(f) A description of the procedure for maintenance of stock seed classes((. At the time a variety is accepted for certification, a sample lot of breeder seed is presented to the certifying agency. The sample is retained as a control varietal sample against which all future seed stock released for certified seed production may be tested to establish continued trueness of variety.)), including the number of generations through which the variety can be multiplied.
(g) A description of the manner in which the variety is constituted when a particular cycle of reproduction or multiplication is specified.
(h) Any additional restrictions on the variety, specified by the breeder, with respect to geographic area of seed production, age of stand or other factors affecting genetic purity.
(i) A sample of the seed representative of the variety as marketed.
AMENDATORY SECTION (Amending WSR 03-18-072, filed 8/29/03, effective 9/29/03)
WAC 16-302-045 ((How may a person apply)) Applying for seed certification in Washington state((?)).
((If a person wishes)) To participate in the Washington state seed certification program, ((you must)) submit an application for seed certification to the appropriate certifying agency.
(1) An application for seed certification must be submitted for each crop, variety and field.
(2) Applications may be obtained from a certified seed processor or the certifying agency listed in WAC 16-302-010.
(3) The applicant is responsible for payment of all fees. Washington State University, its official agents and USDA Plant Material Center are exempt from paying fees on seed stock.
(4) The applicant must attach to the application for seed certification official tags/labels and/or other verification from seed stock planted. The applicant must also attach proof of quarantine compliance when required, under chapter 16-301 WAC. Refer to chapter 16-303 WAC for appropriate fees.
(5) When it is necessary for a grower to reseed due to a failure to get a stand, the grower will retain records of seed lots used and the date of reseeding. Reseeding must be done within two years of the original planting date for grasses or within one year for all other crops. If seed stock of a different lot is used for reseeding, the grower must submit proof of seed stock used on a seedling application form. An additional application fee will be charged.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-050 ((When is)) Submitting an application for seed certification ((submitted?)).
(1) Seed certification application due dates are:
(a) For seed certified by the department: Alfalfa, clover, grasses and rapeseed (seedling applications) - Within sixty days of planting. Seedling applications will not be accepted if received more than one hundred five days after planting.
(b) Hybrid canola or hybrid rapeseed – Fall plantings February 1; Spring plantings – Twenty-one days after planting.
(c) Sunflower twenty-one days after planting.
(d) Notification of a seedling field to be harvested for certification the same year of planting is due July 31 with the required fees.
(i) Bean - July 1.
(ii) Corn - June 1.
(2) For seed certified by the WSCIA:
(a) ((Buckwheat,)) Field pea, chickpea, lentil, millet, and small grains (both winter and spring varieties) - June 1.
(b) Buckwheat and soybean - July 1.
(c) Sorghum - July 15.
(d) Forest tree seed certification - Refer to specific crop requirements in chapter 16-319 WAC.
(3) An application for seed certification must be submitted to the certifying agency each year a grower plans to produce seed for certification of annual crops (beans, peas, grain).
(4) A renewal application for seed certification must be submitted to the certifying agency after a stand is established each year that a grower plans to produce seed for certification of perennial crops (alfalfa, clover, grass). Due dates for renewal applications are as follows:
(a) Alfalfa and clover - June 15.
(b) Grass - May 1.
(5) Applications received after the due date are assessed a late application fee.
(6) No renewal application for seed certification may be accepted after the due date if a field inspection cannot be conducted prior to harvest except at the discretion of the certifying agency.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-055 ((What are the)) Responsibilities ((of a grower)) when participating in the seed certification program((?)).
All ((growers participating)) participants in the seed certification program must:
(1) Maintain the genetic purity and identity ((of seed harvested and/or farm stored)) during seeding, growing, harvesting, and post-harvest storage, and ensure((s)) reasonable precaution is taken to control contaminating crops and varieties, noxious weeds, and seed-borne diseases.
(2) ((Exercise precaution to)) Prevent seed crop and lot mixture when harvesting.
(3) Identify the seed crop as it is delivered to the processor with the assigned field number or numbers.
(4) Clean the seed crop at a seed conditioner approved by the department under WAC 16-302-125. A list of approved seed conditioners may be obtained from the department seed program.
(5) Comply with standards and procedures for seed certification under the authority of chapter 15.49 RCW and rules adopted thereunder.
(6) Prior to planting, comply with the quarantine provisions under chapter 16-301 WAC.
(7) Harvest of seed before a field inspection by the certifying agency causes forfeitures of both the application and field inspection fees, and completion of certification.
(8) Failure of seed growers to comply with the seed laws and rules is cause for the department to deny certification of seed under the provisions of chapter 34.05 RCW, the Administrative Procedure Act.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-060 ((What are the)) Certification requirements for seed((?)).
(1) The general seed certification rules in addition to the rules adopted on specific seed crop standards constitute the certification requirements for the seed crops listed in this chapter.
(2) Crops approved for certification for which rules are not in effect may be certified under the minimum requirements for seed certification as shown in WAC 16-301-010. Fees for certification of seed shall be the most applicable fees established by the department in rule.
AMENDATORY SECTION (Amending WSR 10-08-029, filed 3/31/10, effective 5/1/10)
WAC 16-302-070 ((When is a)) Seed field ((inspected)) inspections 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, weeds, jointed goatgrass, jointed goatgrass hybrids or other crop.
AMENDATORY SECTION (Amending WSR 10-08-028, filed 3/31/10, effective 5/1/10)
WAC 16-302-080 ((What will cause a)) Seed fields ((to be)) ineligible for seed certification((?)).
(1) A seed field is not eligible for certification unless a field inspection is made prior to defoliation or harvesting.
(2) Prohibited noxious weeds must be controlled to prevent seed formation, with the exception of jointed goatgrass or jointed goatgrass hybrids, the presence of which in "small grain" fields will be cause for rejection. Follow-up inspections may be conducted to ensure weed control was sufficiently carried out to prevent prohibited noxious weed seeds from being harvested with the seed crop. Excessive objectionable weeds may be cause for rejection of a seed field. Excessive weeds, poor stands, lack of vigor, or other conditions which make inspection inaccurate may be cause for rejection. A field producing foundation or registered seed that warrants a rejection because of noxious weeds may be reclassified to certified blue tag class if upon reinspection the field meets certified blue tag standards.
(3) If a seed field is rejected for certification, the grower may reapply to the certifying agency and pay a fee for reinspection after the cause for rejection is corrected, unless otherwise specified in chapter 16-302 WAC. No more than two reinspections are permitted for each field per year.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-085 ((When may an applicant withdraw)) Withdrawing a field from inspection for seed certification((?)).
The applicant applying for seed certification may withdraw a field from field inspection for seed certification by notifying the certifying agency before the field is inspected.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-090 Sampling—Methods used in the sampling, inspecting, testing, analyzing and examining seed for certification.
(1) The terms used in seed testing and the methods of sampling, inspecting, analyzing, testing and examining seed for certification are those adopted by the AOSA as shown in WAC 16-301-010. Other testing methodologies such as, but not limited to, genetic testing may also be used to determine certification eligibility.
(2) The entire lot of seed must be cleaned, the quantity defined, and in condition for sale at the time of sampling((.)), except for ryegrass, which may be sampled under the early sampling program as allowed in WAC 16-302-091.
(3) The department shall obtain a representative sample for laboratory analysis of each lot of seed for certification. The sample shall be taken in accordance with official sampling procedures. Official sampling procedures are as follows:
Seed in bags.
(a) When more than one core is drawn from a bag, follow different paths. When more than one handful is taken from a bag, take them from well-separated points.
(b) For lots of one to six bags, sample each bag and take a total of at least five cores or handfuls.
(c) For lots of more than six bags, sample five bags plus at least ((10%)) ten percent of the number of bags in the lot. Round numbers with decimals to the nearest whole number. Regardless of the lot size, it is not necessary to sample more than thirty bags.
(4) Bulk seed. To obtain a composite sample, take at least as many cores or handfuls as if the same quantity of seed were in bags of an ordinary size. Take the cores or handfuls from well distributed points throughout the bulk.
(5) Seed in small containers. Seed in small containers shall be sampled by taking the entire unopened container in sufficient number to supply a minimum size sample for testing. The contents of a single container or the combined contents of multiple containers of the same lot shall be considered representative of the entire lot of seed sampled.
(6) A mechanical sampling device installed in a conditioning plant approved by the department under WAC 16-302-125 may be used in lieu of the sampling procedures above. Hand samples taken during the conditioning process may also be used in lieu of the sampling procedures above.
(7) If it is necessary for a sample to be taken by the department, a sampling fee will be charged under provisions of chapter 16-303 WAC.
AMENDATORY SECTION (Amending WSR 02-12-060, filed 5/30/02, effective 6/30/02)
WAC 16-302-091 ((What is the)) Program for early sampling of ryegrass((?)).
The procedure for participating in the program for early sampling of ryegrass is as follows:
(1) Any company participating in this program must submit a report to the seed program listing the grower, acreage, variety, and field number of each field to be enrolled. This report must be filed by June 15th of each year. For fields that are in their second year of production or beyond, all lab numbers of tests from the previous year must also be provided.
(2) The seed company is responsible for having their field personnel sample each field in the windrow. The sample must be obtained from well-distributed points throughout the field. It is recommended that samples be thrashed and cleaned prior to testing. An additional fee will be charged for samples that are not cleaned. Samples must be forwarded to the seed program with the following information: The crop and variety, field number, grower, the name of the seed company, and a request for germination and fluorescence test. The sample must also indicate that it is being submitted under the early sampling program for ryegrass.
(3) At the time of conditioning the seed, a composite sample must be submitted to the seed program for purity testing. The sample information must indicate the seed is from a field under the early sampling program for ryegrass. In addition to providing complete certification information, the lab number on which the fluorescence test was conducted must also be provided. The seed program may run a fluorescence test on the composite sample to verify the results from the early sample.
(4) Certification tags will be issued upon completion of all required testing meeting the minimum certification standards for ryegrass. A tagging request must be filed with the seed program.
(5) Failure to comply with the requirements of this section will result in the disqualification of the seed company from the early sampling program for the year.
AMENDATORY SECTION (Amending WSR 09-16-006, filed 7/22/09, effective 8/22/09)
WAC 16-302-100 Seed certification—Prohibited noxious weed seed.
The following are considered prohibited noxious weeds for the purpose of seed certification.
AMENDATORY SECTION (Amending WSR 09-16-006, filed 7/22/09, effective 8/22/09)
WAC 16-302-105 Seed certification—Objectionable weeds.
The following weeds are considered objectionable noxious weeds for the purpose of seed certification.
AMENDATORY SECTION (Amending WSR 03-18-072, filed 8/29/03, effective 9/29/03)
WAC 16-302-110 Completion of seed certification—((When may seed be labeled with a seed certification tag, label or seal?)) Tagging, labeling, or sealing.
(1) The seed certification tag, label or seal is evidence of the genetic identity and purity of the contents must be attached to a container of certified seed prior to distribution. Seed that fails to meet certification standards because of genetic purity is not eligible for labeling.
(2) Seed certification tags, labels, and seals must be obtained from the certifying agency except as allowed in WAC 16-302-390, and must be attached to seed containers in accordance with the certifying agency's rules.
(3) Certification of seed is valid only if the tag, label or seal is affixed to each container in accordance with the AOSCA procedures as shown in WAC 16-301-010.
(4) No tag, label or seal may be removed and reused without permission of the certifying agency.
(5) A certified seed sale certificate will be issued upon completion of final certification for all seed to be sold in bulk. This certificate must accompany any shipment or transfers including those to other seed plants, out-of-state shipments or with any brokered seed. The seed plants own invoice may be used in lieu of a certified seed sale certificate for retail sales to growers. The invoice must contain the certification information from the certified seed sale certificate as well as labeling information as required in WAC 16-301-015, 16-301-020, and 16-301-030.
(6) Seed that fails to meet certification requirements on factors other than genetic purity may be designated substandard at the discretion of the certifying agency. The certification tag or label attached to the seed must clearly show the reason the seed is substandard. Seed may not be tagged substandard if the seed can be remilled to meet minimum seed standards.
(7) Refer to chapter 16-301 WAC for seed labeling requirements.
AMENDATORY SECTION (Amending WSR 02-12-060, filed 5/30/02, effective 6/30/02)
WAC 16-302-125 ((Who may condition)) Conditioning seed in Washington state((?)).
(1) Under the authority of RCW 15.49.350, a seed conditioning facility must be inspected and approved by the department or its authorized agent prior to conditioning seed in Washington state. Upon approval by the department, a seed conditioning permit is issued and the facility is placed on a list of approved seed conditioning plants. A copy of the list can be obtained by contacting the department seed program.
(2) A person desiring to condition seed must make application to the department for a permit on a form provided by the department.
(3) To obtain department approval for a seed-conditioning permit, the department or its authorized agent conducts an inspection. A facility must show evidence that:
(a) Seed for certification is handled in a manner which prevents mixture of lots of seed;
(b) The seed conditioning facility is maintained and cleaned. Equipment must be easily accessible for cleaning and inspection, and must be cleaned between lots;
(c) Each lot of seed is identified with a lot number;
(d) Screenings are disposed of in accordance with chapter 15.49 RCW; and
(e) Seed is sampled in accordance with WAC 16-301-095, 16-302-090 and 16-302-091.
(4) A seed conditioning facility must be approved by the department prior to handling seed for certification in bulk.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-130 ((What are the)) Responsibilities of a seed conditioner((?)).
(1) It is the responsibility of a department approved seed conditioner to operate in a manner that:
(a) Maintains the purity and identity of seed conditioned, stored, transshipped or labeled.
(b) Complies with the standards and procedures for conditioning and sampling seed in accordance with chapter 15.49 RCW and rules adopted thereunder.
(2) Prior to shipping seed out-of-state, ((the seed conditioner must obtain approval from the certifying agency. Refer)) adhere to WAC 16-302-145 through 16-302-165 for interagency seed certification requirements.
(3) Records of all operations must be complete and adequate to account for all incoming seed and final disposition of seed.
(4) The seed conditioner is responsible for seed certification fees including sampling, testing, production and final certification fees, and may request the responsibility for additional fees.
(5) Failure of a seed conditioner to comply with the seed law and rules is cause for the department to revoke a seed conditioning permit under the provisions of chapter 34.05 RCW, the Administrative Procedure Act.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-135 ((What)) Considerations ((are there)) for blending seed((?)).
(1) Size of seed blend permitted is dependent on factors such as quality of seed lots to be blended and the conditioning plant facilities.
(2) A blend data sheet is filed with the certifying agency and must be maintained by the seed conditioner. Laboratory analysis must be completed before tags are issued.
(3) Seed must be blended by a seed conditioner approved by the department under WAC 16-302-125.
(4) A representative of the certifying agency may supervise the blending operation.
(5) A tetrazolium test may be used in lieu of a germination test.
(6) ((Upon approval of the certifying agency,)) Field run lots of seed may be commingled to facilitate conditioning. The blend fee shall not apply.
(7) Remill lots of seed may be blended prior to testing to facilitate processing.
(8) Individual lots of grass seed shall not contain more than one hundred eighty per pound and alfalfa and clover shall not contain more than ninety per pound of objectionable weed seeds.
(9) Individual lots must be free of prohibited noxious weed seeds.
(10) Two or more sod quality lots may be blended and tagged as a "sod quality mixture or blend." Appropriate tags will be issued and blend fee shall be applicable.
(11) Seed lots resulting from a blend of different certified classes may only be labeled at the lower class.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-140 ((When are seed blends eligible for)) Tagging seed blends prior to analysis((?)).
Blends are eligible for tagging prior to analysis of the official sample of the blend upon meeting the following conditions:
(1) The calculated percent of impurities (weeds, crop, inert, etc.) is twenty percent less than the maximum allowed in rules for seed certification.
(2) The calculated percent of germination is not less than the minimum germination standard established in the rule for seed certification.
(3) All seed lots blended meet certification standards.
(4) All lots of seed used in a registered class blend must meet registered class purity and germination standards.
(5) Fees for blending are payable to the department by the person requesting permission for the blend after completion of lab analysis. Refer to chapter 16-303 WAC for the appropriate fee.
AMENDATORY SECTION (Amending WSR 03-18-072, filed 8/29/03, effective 9/29/03)
WAC 16-302-150 Eligibility for interagency certification.
(1) Seed recognized for interagency certification must be received in containers carrying official certification labels ((or)), accompanied by transfer certificates or other proper documentation showing evidence of its eligibility from another official certifying agency together with the following information:
(a) Variety and species;
(b) Quantity of seed;
(c) Class of seed; and
(d) Field or lot number traceable to the previous certifying agency's records.
(2) Seed tagged and sealed with official certification tags is eligible for interagency certification without obtaining approval from the certifying agency of the originating state.
(3) An "interagency certified seed" report form must be submitted to all certifying agencies involved. Forms can be obtained from the department seed program. Information required to complete the form includes:
Part A
• Name
• Address of shipper
• Destination
• Shipping weight
• Lot number and receiving weight
• Grower name
• Field number
• Date of seed shipment
• Amount of seed used
• Date shipment is received by the receiving state
Part B
((• Date shipment is received by the receiving state
• Receiving weight and lot number))
• Clean weight
• Bag count
• New lot number if different than the receiving lot number
((• Screenings weight))
(4) Certified seed not tagged and sealed with official certification tags must follow the interagency certification procedure in WAC 16-302-155.
AMENDATORY SECTION (Amending WSR 03-18-072, filed 8/29/03, effective 9/29/03)
WAC 16-302-155 Interagency seed certification procedure.
Certified seed that is produced in Washington state and shipped out-of-state must comply with the interagency seed certification procedure.
(1) The interagency seed certification procedure for field pea, lentil, soybean, small grain and sorghum seed is as follows:
(a) A certified seed sale certificate must be executed by the department for unprocessed seed pending final certification when moved out-of-state.
(b) Unprocessed seed pending final certification is subject to all certification fees when moved out-of-state.
(2) The interagency seed certification procedure for all other kinds of seed except field pea, lentil, soybean, small grain and sorghum seed shipped out-of-state is as follows:
(a) ((Obtain approval of all certifying agencies involved prior to shipment:
•)) Complete section (A) of "interagency certified seed" report referred to in WAC 16-302-150(3). ((Prior to shipment)) One copy of the "interagency certified seed" report must be submitted to the department seed program and one copy to the certifying agency where seed is being processed.
((•)) (b) Clearly mark each container with the lot number and Washington field number.
(((b))) (c) If the department is to finalize certification, upon completion of seed processing, section (B) of "interagency certified seed" report referred to in WAC 16-302-150(3) must be completed and submitted to the ((department seed program.
• If the department is to finalize certification, a representative of the certifying agency in the receiving state must draw an official sample. The)) appropriate certification agency. A sample must be submitted to the department seed program.
((•)) (d) When Washington state certification tags are used, the lot must be tagged and sealed under supervision of the department. The applicant must pay a mileage fee and hourly rate for all additional mileage and travel time required.
((•)) (e) When Washington state interagency tags are used, the tags must be mailed to the nearest representative of the certifying agency having jurisdiction for tagging.
(((c))) (f) If another state receives seed and finalizes certification, the department must advise the receiving state's certifying agency of certification eligibility. Sampling, testing, and tagging shall be in accordance with the receiving state's requirements.
(((d))) (g) The applicant for interagency seed certification is responsible for all fees authorized under Washington's certification program and any additional fees that may be assessed by both agencies involved. Fees for Washington's interagency certification program must be paid upon submission to the department of the "interagency certified seed" report, section (A).
AMENDATORY SECTION (Amending WSR 10-08-028, filed 3/31/10, effective 5/1/10)
WAC 16-302-170 Other considerations in applying the standards for certification.
(1) Any crop certification standard, with the exception of germination that is expressed as a percent will be derived from a test based on the minimum weight for purity analysis as specified in the ((2000)) 2013 AOSA rules for that crop unless otherwise specified in rule.
(2) Any crop certification standard that is based on a number per pound will be derived from a test based on the minimum weight for noxious weed seed examination as specified in the ((2000)) 2013 AOSA rules for that crop unless otherwise specified in rule.
(3) For species that have a high rate of inherent dormancy, it will be acceptable to use the percent of total viability instead of germination percentage for certification only. State and federal seed laws require seed be labeled on a germination test.
(4) For species or varieties that contain GMO (genetically modified organism) traits, herbicide resistant traits, or other novel traits, each seed lot may be required to meet minimum trait standards as defined by the breeder or trait owner. The variety description must define the trait. To determine the level of trait present, a test such as PCR (polymerase chain reaction) or specified bioassay test may be required. If a test is not otherwise available the variety owner must provide testing protocols to the department.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-210 ((What is the)) Organization for economic cooperation and development((?)).
The Organization for Economic Cooperation and Development (OECD) certification scheme is an international organization limited to federal government membership. The agricultural research service of the United States Department of Agriculture is responsible for implementing the OECD seed certification schemes in the United States. The department, by virtue of an agreement with the agricultural research service, United States Department of Agriculture, is authorized to implement OECD certification in Washington state.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-215 Crop standards for OECD variety certification.
(1) With the exception of seed standards established in rule by the department and the OECD scheme for varietal certification, the general and specific crop certification standards ((as established in rule by the department)) are basic and, together with the following specific standards, constitute the rules for OECD varietal seed certification.
(2) Varieties eligible for OECD certification((.)):
(a) Crop varieties of Unites States origin shall be eligible for OECD certification only if accepted into Washington state's certification program.
(b) Crop varieties, of origin other than United States, are eligible for OECD certification only if listed in OECD publication, List of Cultivars Eligible for Certification.
(3) Classes of seed eligible for OECD certification((.)):
(a) Breeder or prebasic shall be planted to be eligible to produce basic white label.
(b) Foundation white label, registered purple label, or basic white label shall be planted to be eligible to produce 1st generation blue label.
(c) Certified or 1st generation blue label shall be planted to be eligible to produce 2nd generation red label.
(4) OECD seed stock sample. Each lot of OECD seed stock shall be sampled under supervision of the certifying agency before seals are broken. Samples are used as control for grow out test and a portion may be submitted to seed laboratory for analysis if deemed necessary. Seed stock lots without official tags will not be granted OECD approval.
(5) The department must obtain approval from the originating country for each OECD seed stock lot to be planted in the state of Washington for OECD production. Request for OECD approval is submitted by the seed program to ARS-((Beltsville, Maryland)) Gastonia, North Carolina, which then contacts the originating country.
(6) Application for OECD certification and fees.
(a) Applicant desiring plantings to be eligible for OECD certification must submit applications and fees as required for certification of that crop under Washington state's certification standards. Certification requirements and procedures for each species shall be the genetic standards in Washington state's certification program supplemented by OECD standards and by the limitations specified by originating country; such as, length of stand and number of seed crops eligible. All OECD seed shall be ((officially)) sampled according to WAC 16-302-090 and tested prior to tagging. Seed lots may not be required to meet Washington's minimum purity or germination certified seed standards.
(b) Washington OECD eligible lots may, with approval of both agencies involved, be blended with OECD eligible seed of other state agencies. The applicant is responsible for all fees of both agencies involved.
(c) Seed produced out-of-state and processed in Washington must be OECD tagged by the state of origin.
(7) OECD tagging and sealing. OECD tags shall be printed and issued according to OECD rules. The department seed program shall issue an OECD reference number; e.g., (USA-W-78-000), which is printed on each tag. The department recommends that OECD reference numbers be stenciled on each bag. Additional statements on the OECD tag such as, "date of sealing," etc., must be kept to a minimum.
(8) Bagging sample of OECD lot. A bagging sample of each lot of OECD seed tagged is drawn under supervision of the certifying agency. One hundred to two hundred fifty grams of the sample must be held for the originating country, and the balance of the sample is used for required post control grow-out tests.
(9) OECD certificate. The seed program shall issue an OECD certificate showing:
(a) Species((,));
(b) Variety((,));
(c) Reference number((,));
(d) Date of sealing((,));
(e) Number of containers((,));
(f) Weight of lot, class of seed((,)); and
(g) OECD reference number of seed stock used for each lot tagged and sealed upon receipt of tagging report and bagging sample.
One copy of the OECD certificate is to be mailed to the shipper, one copy is mailed to ARS-USDA, ((one copy is attached to bagging sample)) and one copy is for department seed program files.
(10) OECD grow-out tests. As prescribed by OECD rules, at least one of four domestic ((lots)) first generation lots and every basic lot tagged and all lots of foreign varieties OECD tagged must be planted in grow-out tests.
(11) Special OECD fees. In addition to fees required by applicable Washington certification rules, an additional fee shall apply to all seed tagged OECD. Refer to chapter 16-303 WAC for the appropriate fee.
All fees are payable by the person requesting OECD certificate.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-220 ((What are the)) Standards for alfalfa seed certification.
(1) The general seed certification definitions and standards in this chapter are basic and together with WAC 16-302-225 through 16-302-240 constitute the standards for alfalfa seed certification.
(2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-245 ((What are the)) Standards for bean seed certification.
(1) The general seed certification standards and definitions in this chapter are basic and together with WAC 16-302-250 through 16-302-270 constitute the standards for bean seed certification.
(2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.
(3) Prior to the planting of bean seed stock, the seed must be in compliance with the quarantine requirements found in chapter 16-301 WAC in order to be eligible for certification. Any seedling application submitted without proof of quarantine compliance will not be accepted into the certification program. Any seed field planted in violation of chapter 16-301 WAC will be subject to the procedures in WAC 16-301-435, 16-301-440, and 16-301-485.
AMENDATORY SECTION (Amending WSR 02-12-060, filed 5/30/02, effective 6/30/02)
WAC 16-302-260 Field tolerances and requirements for bean seed certification.
(1) Field tolerances and requirements for the production of a bean seed crop are as follows:
(2) Snap and kidney beans must be isolated by 1320 feet from known bacterial blight.
(3) The following requirements apply to bean seed certification:
(a) Pintos, red mexicans, pinks, great northern, small whites, navy beans, and black turtle beans may be grown for an unlimited number of generations under rill or sprinkler irrigation.
(b) Kidney beans, cranberry types, Taylor horticultural types, and Borlotto types may be grown for an unlimited number of generations under rill irrigation or for one generation under rill irrigation and, subsequently, for two generations under sprinkler irrigation. The fourth and unlimited subsequent generations may be grown and inspected with the same alternation of irrigation types.
(4) Bean fields must be rogued of weeds, off-type plants, volunteer plants, and plants showing symptoms of seed-borne diseases. Excessive nightshade shall be a cause for rejection.
(5) For a bean field to be eligible for certification it must be clean and have boundaries that are clearly defined and a minimum of 36" which is adequate to prevent mechanical contamination.
(6) Excessive weeds, poor stands, lack of vigor, or any other condition which is apt to make inspection inaccurate may be cause for rejection of a bean field.
(7) Bean fields, including those planted with a dominant I-gene cultivar, ((are allowed the following levels of bean seed-borne virus diseases in the field: For foundation class, none found; for registered class 0.5%, and for certified class 1.0%)) must be in compliance with WAC 16-301-365 through 16-301-440.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-275 ((What are the)) Standards for corn seed certification.
(1) The general seed certification definitions and standards in this chapter are basic and together with WAC 16-302-280 through 16-302-315 constitute the standards for corn seed certification.
(2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-320 ((What are the)) Standards for grass seed certification((?)).
(1) The general seed certification definitions and standards in this chapter are basic and together with WAC 16-302-325 through 16-302-360 constitute the standards for grass seed certification.
(2) Each lot of seed stock subject to the annual bluegrass and rough bluegrass quarantine as established in chapter 16-301 WAC must be in compliance with the quarantine requirements prior to planting in order to be eligible for certification. Any seedling application submitted without proof of quarantine compliance will not be accepted into the certification program. Any seed field planted in violation of chapter 16-301 WAC will be subject to the violation procedures under WAC 16-301-295 and 16-301-355.
(3) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.
AMENDATORY SECTION (Amending WSR 11-06-023, filed 2/24/11, effective 3/27/11)
WAC 16-302-385 Grass seed standards for certification.
The seed standards for grass shall be as follows:
SEED STANDARDS
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-395 ((What are the)) Standards for sod quality seed certification((?)).
(1) The general seed certification definitions and standards in this chapter and the grass seed certification standards are basic and together with WAC 16-302-400 through 16-302-410 constitute the standards for sod quality seed certification.
(2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.
AMENDATORY SECTION (Amending WSR 06-15-137, filed 7/19/06, effective 8/19/06)
WAC 16-302-410 Standards for sod quality seed.
(1) Except for ryegrass sod quality seed, seed standards for sod quality grass seed are as follows:
(2) Seed standards for sod quality ryegrass seed are as follows:
(3) A sod seed analysis certificate is the basis of determining if a lot meets sod quality standards. This certificate is issued by the certifying agency and represents a purity analysis, a twenty-five gram noxious all weed all crop exam and a germination test, except a 50-gram noxious all weed all crop exam is required for fescues and ryegrass.
(4) In addition to a seed certification tag, seed meeting sod quality certified seed standards will be tagged with a special "sod quality seed" tag.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-415 ((What are the)) Standards for sudangrass certification((?)).
(1) The general seed certification definitions and standards in this chapter are basic and together with WAC 16-302-420 through 16-302-435 constitute the standards for sudangrass seed certification.
(2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-445 ((What are the)) Standards for flax certification((?)).
(1) The general seed certification definitions and standards in this chapter are basic and together with WAC 16-302-450 through 16-302-455 constitute the standards for flax certification.
(2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-460 ((What are the)) Standards for woody plants ((and)), Forbes, and other reclamation species certification((?)).
(1) The general seed certification definitions and standards in this chapter are basic and together with WAC 16-302-465 through 16-302-470 constitute the standards for woody plants and Forbes certification.
(2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-465 Land requirements and field standards for woody plants ((and)), Forbes, and other reclamation species.
(1) The life of a stand shall be unlimited as long as seventy-five percent of the plants present in the stand are those that were planted originally.
(2) To be eligible for the production of certified class of seed, a field must not have grown or been seeded to the same species during the previous four years for foundation, three years for registered, and two years for certified.
(3) A seed field inspection must be made the year of establishment and at least once each year that seed is to be harvested. This inspection will be made at a time when plant development allows for the detection of factors such as off-type varieties and weed contamination.
(4) Isolation for seed production the minimum distance from a different variety or wild hybridizing populations are as follows:
Volunteer plants may be cause for rejection or reclassification of a seed field.
(5) Specific field tolerances:
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-470 Seed standards for woody plants ((and)), Forbes, and other reclamation species.
SEED STANDARDS
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-475 ((What are the)) Standards for rapeseed, mustard (Brassica spp. and Sinapis alba), and radish certification((?)).
(1) The general seed certification definitions and standards in this chapter are basic and together with WAC 16-302-480 through 16-302-490 constitute the standards for rapeseed certification.
(2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.
AMENDATORY SECTION (Amending WSR 06-15-136, filed 7/19/06, effective 8/19/06)
WAC 16-302-480 Field standards for rapeseed, mustard (Brassica spp. and Sinapis alba), and radish certification.
Field standards for the production of rapeseed are as follows:
(1) A portion of a rapeseed field may be certified if the area to be certified is clearly defined.
(2) A field producing foundation, registered or certified rapeseed, also known as canola (Brassica napus), must be the minimum specified isolation distance from fields of any other variety of Brassica napus, from fields of the same variety that do not meet the varietal purity requirements for certification, as well as from fields of Brassica rapa, Brassica oleracea, and Brassica juncea as indicated in the following table:
These isolation distances are minimum and must be met in all cases.
(3) Volunteer plants may be cause for rejection or reclassification of a rapeseed field.
(4) Specific standards for rapeseed are:
(5) Field standards for mustard and radish are as follows:
(6) Inspection will be made by the certifying agency when the crop is in the early flowering stage.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-485 Land requirements for rapeseed, mustard (Brassica spp. and Sinapis alba), and radish certification.
(1) Land requirements prior to planting for the production of rapeseed are as follows:
(2) Land requirements prior to planting of mustard or radish are as follows:
(3) For all classes no manure or other contaminating materials shall be applied during the establishment and production period of the rapeseed stand.
(((3))) (4) Reseeding of a rapeseed, mustard, or radish field due to failure or partial failure of the first seeding may be done by referring to the guidelines in WAC 16-302-045(5).
(((4))) (5) Ditchbanks, roadways, etc., adjacent to a certified rapeseed field must be free of volunteer rapeseed and prohibited noxious weeds.
AMENDATORY SECTION (Amending WSR 02-12-060, filed 5/30/02, effective 6/30/02)
WAC 16-302-490 Seed standards for rapeseed, mustard (Brassica spp. and Sinapis alba), and radish certification.
Seed standards for the production of rapeseed, mustard, and radish are as follows:
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-495 ((What are the)) Standards for red clover seed certification((?)).
(1) The general seed certification definitions and standards in this chapter are basic and together with WAC 16-302-500 through 16-302-520 constitute the standards for red clover seed certification.
(2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-525 ((What are the)) Standards for white clover and trefoil seed certification((?)).
(1) The general seed certification definitions and standards in this chapter are basic and together with WAC 16-302-530 through 16-302-545 constitute the standards for white clover and trefoil seed certification.
(2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.
SEED CROPS CERTIFIED BY ((WSCIA)) THE WASHINGTON STATE CROP IMPROVEMENT ASSOCIATION
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-555 Labeling and sealing of certified seed of small grains by a grower.
The certifying agency may authorize a grower who has his own equipment and conditions his own seed to label and seal certified seed of small grains. The grower's cleaning equipment must be approved by the department or its authorized agent according to WAC 16-302-125.
AMENDATORY SECTION (Amending WSR 10-08-028, filed 3/31/10, effective 5/1/10)
WAC 16-302-560 Miscellaneous field and seed inspection standards for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum, small grain seed certification.
(1) Field inspection ((standards)) timing for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum, small grain seed entered in the certification program are:
(a) For field pea and ((chickpea (garbanzo bean))) lentil - When seed crop is in full bloom ((and at maturity));
(b) For ((lentil)) chickpea (garbanzo bean) - When seed crop is mature enough to differentiate leaf type (compound or simple leaf type) and in full bloom ((and at maturity));
(c) For soybean - When seed crop is in full bloom and/or of mature color;
(d) For open pollinated sorghum - When seed crop is in full bloom, and optionally again when seed crop begins to show mature color;
(e) For hybrid sorghum - Two inspections during bloom and one inspection after seed begins to show mature color;
(f) For small grains - When seed crop is fully headed and of mature color;
(g) For millet - One inspection during bloom and one inspection after seed begins to show mature color; and
(h) For buckwheat - One inspection when seed crop is in full bloom.
(2) Any condition or practice which permits or causes contamination of the seed crop, such as failure to prevent seed formation of prohibited noxious weeds, or excess weeds including excessive objectionable or restricted noxious weeds, or mechanical field mixing, is cause for rejection upon inspection. Fields rejected for jointed goatgrass ((at first inspection)) or jointed goatgrass hybrids are not eligible for reinspection and must remain ineligible for any production of certified classes of small grain seed until a reclamation procedure, as specified in subsection (3) of this section has been completed. Fields rejected for other causes will remain eligible for reinspection.
(3) The jointed goatgrass reclamation procedure includes the following:
(a) Each grower must develop a reclamation plan for his/her affected fields. The plan must be based on the most current recommendations of Pacific Northwest scientists and Washington State University cooperative extension as well as good management practices. The plan may include use of certified seed, spring cropping practices, and late tilling and planting. No particular program is specified or endorsed and compliance with a program does not assure eligibility for the production of certified classes of small grain seed. Eligibility is based solely upon results of field inspections as provided in (b) through (e) of this subsection.
(b) The rehabilitation and inspection program duration is three years for irrigated land and five years for dryland without production of certified small grain seed and the first year of certified seed production thereafter.
(c) Annual inspections of the affected fields are conducted by the certifying agency during the prescribed rehabilitation period at such time that the jointed goatgrass or jointed goatgrass hybrids would be most visible.
(d) Following the prescribed period of rehabilitation and during the first certified seed production year, a minimum of three field inspections are conducted by the certifying agency.
(e) If jointed goatgrass ((is)) or jointed goatgrass hybrids are found during any inspection as provided in (c) and (d) of this subsection, the rehabilitation program is determined unsuccessful or the field is declared ineligible and the rehabilitation and inspection program for that field must begin again at year one of the procedure.
(4) Field run lots of seed of the same variety may be commingled to facilitate storage and conditioning.
(5) No prohibited noxious weed seeds are permitted upon inspection for seed standards.
(6) Germination minimum refers to germination when sampled.
(7) If chemically controllable seed-borne diseases are noted upon inspection for field standards and seed standards for small grains, treatment of seed is required.
(8) Wild oat, isolated patches and borders must be removed or clearly marked so as to avoid harvesting with the rest of the field. If rejected, a reinspection is necessary to assure clean-up efforts are satisfactory. Spot checks are conducted on fields where heavy patches or contaminated borders were noted. Harvesting these areas with the rest of the field is cause for rejection of the entire field.
(9) The official laboratory providing seed analysis for the purpose of certification is the department.
(10) For all fields planted with varieties that contain the CLEARFIELD trait as defined in the variety description, documentation will be required to be submitted with the certification application verifying that the production field meets all production guidelines and was sprayed with the appropriate herbicide. CLEARFIELD is a trait that makes a plant resistant to the Imazamox herbicide.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-660 Field pea standards for seed certification.
(1) The land, isolation, and field standards for field pea seed certification are:
(2) Seed certification standards for field pea are:
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-665 Lentil standards for seed certification.
(1) Land, isolation, and field standards for lentil seed certification are:
(2) Seed certification standards for lentil are:
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-680 Open pollinated sorghum standards for seed certification.
(1) Land, isolation and field standards for open pollinated sorghum seed certification are:
(2) Seed standards for open pollinated sorghum seed certification are:
AMENDATORY SECTION (Amending WSR 10-24-102, filed 12/1/10, effective 1/1/11)
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
(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.
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-690 Chickpea standards for seed certification.
Land, isolation, and field standards for chickpea seed certification are:
FIELD STANDARDS
FIELD INSPECTION
Foundation and registered class fields must have two field inspections: One at bloom stage and one at late pod stage. Certified class fields must be inspected at bloom stage plus another at pod stage if ascochyta blight is observed during the bloom stage inspection.
SEED STANDARDS
AMENDATORY SECTION (Amending WSR 08-23-055, filed 11/14/08, effective 12/15/08)
WAC 16-302-740 ((What are the)) Standards for quality timothy seed certification((?)).
(1) The general seed certification definitions and standards found in WAC 16-302-005 through 16-302-130, the grass seed certification standards found in WAC 16-302-320 through 16-302-390, and the requirements found in WAC 16-302-745 through 16-302-755 constitute the standards for quality timothy seed certification.
(2) Fees for quality timothy seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.
AMENDATORY SECTION (Amending WSR 10-20-149, filed 10/6/10, effective 11/6/10)
WAC 16-302-755 Standards for quality timothy seed.
(1) Seed standards for quality timothy grass seed are as follows:
(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.
NEW SECTION
WAC 16-302-760 Standards for hybrid canola and hybrid rapeseed.
(1) The general seed certification definitions and standards in this chapter are basic and together with this section through WAC 16-302-785 constitute the standards for hybrid canola and hybrid rapeseed.
(2) The fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.
NEW SECTION
WAC 16-302-765 Definitions specific to hybrid canola or hybrid rapeseed.
"A line" means the line or population that is male sterile.
"B line" means the male fertile line or population capable of maintaining male sterility.
"Canola and rapeseed" means the spring and winter varieties of Brassica napus, Brassica rapa and canola quality Brassica juncea.
"Commercial hybrid" means a hybrid that is one that is planted for any use except seed production.
NEW SECTION
WAC 16-302-770 Seed requirements and designation of classes of seed for hybrid canola or hybrid rapeseed.
(1) Breeder or foundation seed must be used to establish all fields of hybrid canola or hybrid rapeseed for certification. The direction of the cross must remain unchanged throughout the certification program unless adequate data is provided to show that no change in variety performance results from the reversal of parentage.
(2) Only the certified class is recognized in the production of commercial hybrid seed.
NEW SECTION
WAC 16-302-775 Land requirements for the production of hybrid canola or hybrid rapeseed.
(1) Fields producing foundation class must not be planted on land that had produced any cruciferous crops in the preceding five years.
(2) Fields producing certified class must not be planted on land that had produced any cruciferous crops in the preceding three years.
NEW SECTION
WAC 16-302-780 Field standards for the production of hybrid canola or hybrid rapeseed.
(1) All hybrid fields must be inspected at the time of stem elongation and a second inspection must occur at the early flowering stage. The certifying agency may require additional inspections to address conditions including, but not limited to, pollen shedding plants in the A line, bloom timing of the A and B lines, and removal of B lines.
(2) All hybrid canola or hybrid rapeseed fields must be isolated from other canola or rapeseed crops by a minimum of one-half mile except for fields located within the Columbia Basin irrigation project must be isolated from other canola or rapeseed crops by two miles. Isolation is not required for fields that are the same hybrid utilizing the B lines.
(3) Fields must be planted in distinct rows with the A line and B line clearly delineated.
(4) Fields must be free from prohibited noxious weeds as listed in WAC 16-302-100 and free from Galium sp.
(5) Maximum plants of other varieties or crop kinds per ten thousand plants. This factor is based on a sixty thousand plant count (six replicates of ten thousand plants).
(6) Percent hybrid shall not be less than eighty percent.
(7) Fields cut or swathed prior to inspection are not eligible for certification.
NEW SECTION
WAC 16-302-785 Seed standards for hybrid canola or hybrid rapeseed.
Seed standards are as follows:
NEW SECTION
WAC 16-302-790 Standards for sunflower seed production.
(1) The general seed certification definitions and standards in this chapter are basic and together with this section through WAC 16-302-815 constitute the standards for sunflower seed.
(2) The fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.
NEW SECTION
WAC 16-302-795 Definition of terms specific to sunflower seed production.
"Breeder seed" means seed for hybrid production that is seed of male sterile, maintainer, and restorer lines maintained by the breeder.
"Commercial hybrid" means seed that is planted for any use except seed production utilizing hybrid seed.
"Foundation seed" means seed for hybrid production that is seed of male sterile, maintainer, and restorer lines produced from breeder or foundation seed.
"Hybrid seed" means seed that is the first generation of seed of a cross produced by controlling the pollination and by combining two or more lines, varieties, or species.
NEW SECTION
WAC 16-302-800 Land requirements for sunflower seed production.
Land to produce any class of sunflower seed must not have grown sunflowers the previous three years or the land must have grown two intervening irrigated crops.
NEW SECTION
WAC 16-302-805 Isolation requirements for sunflower seed production.
Fields of all classes of hybrid or open pollinated sunflowers must be isolated from all other sunflower fields, noncertified sunflower production including home garden plantings, and all wild-type sunflowers by a distance of one and one-fourth miles except for fields within the Columbia Basin irrigation project which must be isolated from the above by two miles. Isolation is not required for fields utilizing the same restorer line.
NEW SECTION
WAC 16-302-810 Field tolerances and requirements for sunflower seed production.
(1) Only breeder or foundation seed may be used to establish a hybrid field to produce certified seed.
(2) For hybrid varieties the certified generation produced from breeder or foundation seed produces a commercial hybrid and is not eligible for further certification.
(3) For open pollinated sunflower varieties, one field inspection must be made after fifty percent of the plants are in bloom but before the plants are fully mature.
(4) For hybrid sunflower varieties at least two inspections must be made. The first inspection is during the very early bloom stage and the second inspection is during the full bloom stage.
(5) For hybrid sunflower varieties, at least fifty percent of the male parent plants must be flowering and producing pollen when the female parent is in full bloom.
(6) Fields must be free of prohibited noxious weeds listed in WAC 16-302-100. Objectionable weeds listed in WAC 16-302-105 and common weeds difficult to separate must be controlled.
(7) Different sunflower varieties cannot always be differentiated at field inspection. When differences can be distinguished, the maximum of other varieties of off-types allowed is:
(8)(a) Percent hybridity shall not be less than seventy-five percent. If the field inspection shows one or more of the following, the applicant may request that seed certification be based on the results of a precertification grow-out test approved by the department:
(i) Inadequate isolation;
(ii) Too few male parent plants shedding pollen when female parent plants are receptive; or
(iii) Excess off-types not to include wild-types.
(b) At least two thousand plants must be observed and meet the standards in the table below before hybrid and inbred seed can be certified from fields with problems listed in (a) of this subsection.
NEW SECTION
WAC 16-302-815 Seed standards for sunflower seed production.
(1) Samples submitted for certification must be a minimum of one thousand grams.
(2) Seed standards for sunflowers are as follows:
NEW SECTION
WAC 16-302-820 Standards for camelina seed production.
(1) The general seed certification definitions and standards in this chapter are basic and together with this section through WAC 16-302-835 constitute the standards for camelina seed.
(2) The fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.
NEW SECTION
WAC 16-302-825 Land requirements for camelina seed production.
Camelina shall be planted on land on which the previous crop was another kind, or was planted with a foundation or registered class of seed of the same variety.
NEW SECTION
WAC 16-302-830 Field requirements for camelina seed production.
(1) Isolation - A field producing any class of certified seed must be at least fifty feet from any other variety or fields of the same variety that do not meet the varietal purity requirement for certification.
(2) Poor stands, poor vigor, lack of uniformity, excess weeds, or conditions which are apt to make inspection inaccurate or bring certified seed into disfavor shall be cause for rejection.
(3) Field standards are as follows:
NEW SECTION
WAC 16-302-835 Seed standards for camelina seed production.
The following are the seed standards for camelina seed production:
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