WSR 17-09-040
EXPEDITED RULES
DEPARTMENT OF AGRICULTURE
[Filed April 14, 2017, 8:34 a.m.]
Title of Rule and Other Identifying Information: WAC 16-302-240 Seed standards for alfalfa seed certification.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Henri Gonzales, Rules Coordinator, Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, AND RECEIVED BY June 20, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal would remove the seed certification requirement to test one pound of alfalfa seed for the presence of dodder.
Reasons Supporting Proposal: Dodder is no longer a prevalent weed in certified alfalfa seed fields. This is due to the control that herbicides now provide that they did not in the past. Dodder has not been identified in certified seed field inspections in years. In discussions with alfalfa seed growers they concur that dodder is no longer an issue in seed production fields. Since it is no longer a certification issue, it makes sense to remove the requirement to test one pound of seed for the presence of dodder, thus eliminating a test that is no longer meaningful. Dodder remains on the noxious weed seed list and will still be tested for in the standard purity and noxious exam as required by the AOSA Rules for Testing Seeds. This represents the changed circumstance under WAC 34-05-353 [RCW 34.05.353] (2)(c).
Statutory Authority for Adoption: RCW 15.49.005, 15.49.310, 15.49.370(3), chapter 17.24 RCW.
Statute Being Implemented: Chapters 15.49 and 17.24 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of agriculture, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Victor Shaul, 21 North 1st Avenue, Suite 203, Yakima, WA 98902, (509) 249-6950.
April 13, 2017
Jason Ferrante
Assistant Director
AMENDATORY SECTION (Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-302-240 Seed standards for alfalfa seed certification.
(1) Seed standards for the production of alfalfa seed are as follows:
Purity
Foundation
Registered
Blue Tag Certified
Pure seed (minimum)
99.00%
99.00%
99.00%
Other crops (maximum)
.10%
.10%
.25%
Sweet clover (maximum)
none found
none found
90 per lb.
Inert matter (maximum)
1.00%
1.00%
1.00%
Weed seed (maximum)
.10%
.20%
.25%
Objectionable weed seeds (maximum)
none found
none found
18 per lb.
Germination (Min. total of germination and hard seed)
80.00%
85.00%
85.00%
or Tetrazolium (Min. total of Tetrazolium and hard seed)
82.00%
87.00%
87.00%
(2) Alfalfa seed must be free of prohibited noxious weed seeds and foundation class must be free of Brassica spp.
(((3) One pound of seed will be examined for the presence of dodder.))