WSR 18-01-143

PREPROPOSAL STATEMENT OF INQUIRY

[Filed December 20, 2017, 9:39 a.m.]

Subject of Possible Rule Making: Chapter 16-302 WAC, General rules for seed certification and WAC 16-303-340 Seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum and small grains, as a result of a petition submitted by the Washington State Crop Improvement Association (WSCIA), the department is considering amending the seed certification rules to better align with current farming practices, and to make housekeeping changes to increase clarity. Affected rule sections include WAC 16-302-050, 16-302-560, 16-302-660, 16-302-665, 16-302-690, and 16-303-340.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.49.005, [15.49].021, [15.49].310, and [15.49].370, and chapter 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Under WAC 16-302-010 and its agreement with the department, WSCIA provides certification services for specific crops including buckwheat, chickpeas, field peas, lentils, millet, soybeans, sorghum, small grains, and forest trees. The following proposed amendments pertain only to crops inspected by WSCIA:

1. Modify the field inspection application deadline for all crops inspected by WSCIA that are currently due June 1 to an earlier date;

2. Clarify at what stage of growth chickpeas are required to be inspected;

3. Reduce land history requirements and isolation standards for field peas, lentils, and chickpeas;

4. Update field pea standards to more accurately address winter food grade;

5. To allow for organic seed production, change the requirement that all chickpea seed stocks be treated with thiabendazole to treatment only if ascochyta blight is found in the crop;

6. Move chickpea inspection requirements from WAC 16-302-690 to 16-302-560 to prevent confusion with other requirements; and

7. Add language to WAC 16-303-340 to explain the WSCIA audit process and to clarify the appropriate application and assessment of final certification and production fees.

Changing the application deadlines will allow WSCIA to more timely respond to field inspection requirements. Reducing land history requirements and isolation standards will allow growers more flexibility with regard to crop rotations without compromising genetic purity. Clarifying the stage of growth for chickpea inspections will enable WSCIA to make more accurate inspections at the appropriate stage of growth to identify certification factors.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: As applicable under RCW 15.49.310, be guided by officially recognized associations, such as Association of Official Seed Certifying Agencies or regulations under the Federal Seed Act.

Process for Developing New Rule: Department staff will discuss proposed amendments with affected stakeholders, including WSCIA, dealers, and growers. Affected stakeholders will also have an opportunity to submit written comments on the proposed rules during the public comment period and will be able to present oral testimony at the public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jeff Larsen, 1111 Washington Street S.E., Olympia, WA 98504-2560, phone 360-902-1960, fax 360-902-2085, TTY 711, email jlarsen@agr.wa.gov, web site https://agr.wa.gov/LawsRules/Rulemaking/; or Victor Shaul, 21 North 1st Avenue, Suite 203, Yakima, WA 98902-2663, phone 509-249-6950, fax 509-454-4395, TTY 711, email vshaul@agr.wa.gov, web site https://agr.wa.gov/LawsRules/Rulemaking/.

December 20, 2017

Jason Ferrante

Assistant Director