WSR 15-12-109
PERMANENT RULES
DEPARTMENT OF AGRICULTURE
[Filed June 3, 2015, 8:26 a.m., effective July 4, 2015]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The proposed changes establish a quality orchardgrass seed certification program.
Citation of Existing Rules Affected by this Order: Amending WAC 16-302-740, 16-302-745, 16-302-750, and 16-302-755.
Statutory Authority for Adoption: RCW 15.49.005, 15.49.310, and 15.49.370 (3), (4).
Other Authority: Chapter 34.05 RCW.
Adopted under notice filed as WSR 15-03-040 on January 12, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 1, Amended 4, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: June 3, 2015.
Kirk Robinson
Acting Deputy Director
Quality Orchardgrass Seed and Quality Timothy Seed Program
AMENDATORY SECTION (Amending WSR 14-20-050, filed 9/25/14, effective 10/26/14)
WAC 16-302-740 Standards for quality orchardgrass seed and 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)) 16-302-756 constitute the standards for quality orchardgrass seed and quality timothy seed certification.
(2) Fees for quality orchardgrass seed and quality timothy seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.
AMENDATORY SECTION (Amending WSR 08-23-055, filed 11/14/08, effective 12/15/08)
WAC 16-302-745 Seed certification requirements.
(1) In order for a seed lot to be eligible for quality orchardgrass seed or quality timothy seed certification ((it)), the seed lot must meet field and seed certification standards as defined in WAC 16-302-330 through 16-302-385.
(2) For ((a)) an orchardgrass seed or timothy seed lot that has already been certified, a copy of the certification tag must be submitted as proof of certification.
AMENDATORY SECTION (Amending WSR 08-23-055, filed 11/14/08, effective 12/15/08)
WAC 16-302-750 Official sampling requirements.
The seed test for the quality orchardgrass seed and quality timothy seed program must be conducted on an officially drawn sample taken in accordance with WAC 16-302-090.
AMENDATORY SECTION (Amending WSR 14-20-050, filed 9/25/14, effective 10/26/14)
WAC 16-302-755 Standards for quality timothy seed.
(1) Seed standards for quality timothy grass seed are as follows:
 
Minimum % Purity
Minimum Viability by
Germination or TZ Test
Maximum % Other Crop (a)
Maximum % Weed (b)
Timothy seed
97
85
0.20
0.02
Purity component percentages are based on 1 gram sample size ((as prescribed by the AOSA rules)).
(a)
Must be free of ryegrass, orchardgrass, Agrostis sp., Poa sp., brome, reed canarygrass, tall fescue, and meadow foxtail.
 
Must be free of the above listed contaminants based upon a 50 gram examination.
(b)
Must be free of alfilaria (redstem filaree), Bromus sp., chickweed including all other species in the Caryophyllaceae family, henbit, Poa sp., wild carrot, ((and)) prohibited noxious weeds listed in WAC 16-301-045, and restricted noxious weeds listed in WAC 16-301-050.
 
Must be free of the above listed contaminants based upon a 50 gram examination.
(2) A quality timothy seed analysis certificate is the basis of determining if a lot meets the quality timothy seed standards. This certificate is issued by the certifying agency and represents a purity test, a 50 gram noxious, all weed, all crop exam, and a viability test.
(3) Seed meeting quality timothy seed standards will be tagged with a "quality timothy seed" tag.
NEW SECTION
WAC 16-302-756 Standards for quality orchardgrass seed.
(1) Seed standards for quality orchardgrass seed are as follows:
 
Minimum % Purity
Minimum Viability by Germination or TZ Test
Maximum % Other Crop (a)
Maximum % Weed (b)
Orchardgrass seed
90
85
0.20
0.02
Purity component percentages are based on 3 gram sample size.
(a)
Must be free of ryegrass, timothy, Agrostis sp., Poa sp., brome, reed canarygrass, tall fescue, and meadow foxtail.
 
Must be free of the above listed contaminants based upon a 50 gram examination.
(b)
Must be free of alfilaria (redstem filaree), Bromus sp., chickweed including all other species in the Caryophyllaceae family, henbit, Poa sp., wild carrot, prohibited noxious weeds listed in WAC 16-301-045, and restricted noxious weeds listed in WAC 16-301-050.
 
Must be free of the above listed contaminants based upon a 50 gram examination.
(2) A quality orchardgrass seed analysis certificate is the basis of determining if a lot meets the quality orchardgrass 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 orchardgrass seed standards will be tagged with a "quality orchardgrass seed" tag.