WSR 18-15-086
PROPOSED RULES
DEPARTMENT OF AGRICULTURE
[Filed July 18, 2018, 8:07 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-08-079.
Title of Rule and Other Identifying Information: Chapter 16-301 WAC, General seed regulations and chapter 16-302 WAC, General rules for seed certification, the department is proposing the following amendments to these chapters:
Adding Palmers amaranth to the prohibited noxious weed seed list in WAC 16-301-045 and the seed certification prohibited noxious weed seed list in WAC 16-302-100;
Changing phytosanitary field inspection and seed certification application due dates for perennials and stecklings or transplants in WAC 16-301-200 and 16-302-050 to conform with current industry practices;
Adding definitions for previously undefined terms in WAC 16-301-005; and
Correcting errors in seed standards for prairie sand-reed in WAC 16-302-470.
Hearing Location(s): On August 27, 2018, at 11:00 a.m., at the Department of Agriculture, Conference Room 238, 21 North 1st Avenue, Yakima, WA 98902.
Date of Intended Adoption: September 10, 2018.
Submit Written Comments to: Henri Gonzales, Agency Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, email wsdarulescomments@agr.wa.gov, fax 360-902-2092, by August 27, 2018.
Assistance for Persons with Disabilities: Contact Jeff Larsen, Commodity Inspection Rules Coordinator, phone 360-902-1960, fax 360-902-2085, TTY 800-833-6388, email jlarsen@agr.wa.gov, by August 20, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapter 16-301 WAC provides general regulations for the seed industry, including definitions, lists of prohibited and restricted noxious weed seeds, and phytosanitary field inspection requirements, among other topics. Chapter 16-302 WAC provides regulations for seed certification, including seed certification standards and lists of prohibited and objectionable noxious weed seeds for the purpose of seed certification, among other topics. The purpose of this proposal is to:
Add Palmers amaranth to the prohibited noxious weed seed list in WAC 16-301-045 and the seed certification prohibited noxious weed seed list in WAC 16-302-100;
Change phytosanitary field inspection application due dates for fall plantings of western Washington crops from April 15 to April 1 in WAC 16-301-220 to more accurately reflect current industry practices;
Change phytosanitary field inspection application due dates for eastern Washington perennial crops other than corn from June 1 to April 15 in WAC 16-301-220 to more accurately reflect current industry practices;
Change phytosanitary field inspection application due dates for eastern Washington fields established with stecklings or transplants from June 1 to twenty-one days after planting in WAC 16-301-220 to more accurately reflect current industry practices;
Change notification due dates for seedling fields of beans to be harvested for certification the same year of planting from July 1 to twenty-one days after planting in WAC 16-302-050 to more accurately reflect current industry practices;
Change seed certification renewal application due dates for alfalfa and clover from June 15 to April 15 in WAC 16-302-050 to more accurately reflect current industry practices;
Change seed certification renewal application due dates for grass from May 1 to April 15 in WAC 16-302-050;
Add language to WAC 16-301-005 to include definitions for "open pollinated" and "top cross"; and
Change maximum percentage of inert material for prairie sand-reed in WAC 16-302-470 from 0.10 percent to ten percent.
Reasons Supporting Proposal:
Adding Palmers amaranth to the prohibited noxious weed seed lists helps maintain Washington state's weed-free status for Palmers amaranth: Since Palmers amaranth is not currently on the prohibited noxious weed seed lists, it could potentially enter Washington state in seed lots originating from outside the state. Palmers amaranth is herbicide-resistant and difficult-to-control, therefore adding it to the noxious weed lists increases protections against it and protects the Washington seed industry.
By allowing applications for phytosanitary field inspection and seed certification to be received earlier and adjusting application due dates, the inspection timeline more accurately reflects crop maturity and growth cycle. Additionally, accepting applications earlier provides a larger inspection window and a longer opportunity for industry to correct issues within a field before harvest, and more accurately reflects current industry practices.
Adding definitions helps the rules better align with Association of Official Seed Certifying Agencies (AOSCA) standards.
Correcting errors in existing seed standards for prairie sand-reed eliminates confusion.
Statutory Authority for Adoption: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and chapter 34.05 RCW.
Statute Being Implemented: RCW 15.49.005.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state department of agriculture, governmental.
Name of Agency Personnel Responsible for Drafting: Jeff Larsen, 1111 Washington Street S.E., Olympia, WA 98504, 360-902-1960; Implementation and Enforcement: Victor Shaul, 21 North 1st Avenue, Suite 203, Yakima, WA 98902, 509-249-6950.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; and rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
Explanation of exemptions: The portion of the proposed amendment regarding correcting errors in existing seed standards for prairie sand-reed in WAC 16-302-470 only makes corrections to typographical errors without changing the effect of the rule. This change will provide clarity and eliminate potential confusion for industry stakeholders trying to understand and apply program requirements. The portion of the proposed amendment regarding adding definitions to WAC 16-301-005 incorporates national consensus codes of AOSCA.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Adding Palmers amaranth to the noxious weed seed lists in WAC 16-301-045 and 16-302-100 would not increase costs to businesses, whereas not adding it to these lists would cause farmers to incur additional costs to control it if introduced into Washington state in a lot of seed.
Adjusting due dates in WAC 16-301-200 and 16-302-050 would not increase costs to businesses. The proposed due dates benefit industry by providing more flexibility for when crops can be planted, as well as increasing the amount of time industry has to resolve identified field issues prior to harvest. Additionally, changing the due dates will improve the timeliness of service to the customers of the seed program.
July 18, 2018
J. Allenton
Acting Assistant Director
AMENDATORY SECTION(Amending WSR 17-20-076, filed 10/3/17, effective 11/3/17)
WAC 16-301-005General seed standardsDefinitions.
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.
"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.
"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.
"Dealer" as defined in RCW 15.49.011(9) means any person who distributes seeds.
"Department" as defined in RCW 15.49.011(10) means the Washington state department of agriculture or its duly authorized representative.
"Director" as defined in RCW 15.49.011(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(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(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(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 mediation.
"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(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(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.
"Open pollinated" means seed produced as a result of natural pollination as opposed to hybrid seed produced as a result of controlled pollination.
"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(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(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.
"Top cross" means the first generation of a cross of an open pollinated variety with either an inbred line, a foundation backcross, or a foundation single cross.
"University" means the Washington State University.
"USDA" means the United States Department of Agriculture.
"Vegetable seeds" as defined in RCW 15.49.011(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 14-20-050, filed 9/25/14, effective 10/26/14)
WAC 16-301-045Prohibited 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.
ENGLISH OR
COMMON NAME
BOTANICAL OR
SCIENTIFIC NAME
Austrian fieldcress
Rorippa austriaca
Field bindweed
Convolvulus arvensis
Hedge bindweed
Calystegia sepium
Bladder campion
Silene vulgaris
(only in timothy-
Phleum pratense)
Camelthorn
Alhagi maurorum
Canada thistle
Cirsium arvense
Hairy whitetop
Lepidium appelianum
Hoary cress
Lepidium draba
Jointed goatgrass
Aegilops cylindrica
(only in small grain)
Knapweed complex
(including bighead,
Centaurea macrocephala,
Vochin,
Centaurea nigrescens,
black,
Centaurea nigra,
brown,
Centaurea jacea,
diffuse,
Centaurea diffusa,
meadow,
Centaurea x moncktonii,
Russian,
Rhaponticum repens,
spotted knapweeds
Centaurea stoebe subsp. australis,
Purple starthistle)
Centaurea calcitrapa
Leafy spurge
Euphorbia esula
Lepyrodiclis
Lepyrodiclis holosteoides
Palmers amaranth
Amaranthus palmeri
Perennial pepperweed
Lepidium latifolium
Perennial sowthistle
Sonchus arvensis
Quackgrass
Elymus repens
Serrated tussock
Nassella trichotoma
Silverleaf nightshade
Solanum elaeagnifolium
Sorghum perennial such as, but not limited to,
Sorghum spp.
johnsongrass,
 
sorghum almum, and
 
perennial sweet
sudangrass
 
Tansy ragwort
Jacobaea vulgaris
Velvetleaf
Abutilon theophrasti
White cockle
Silene latifloia
(only in timothy-
 
Phleum pratense)
 
Yellow-flowering skeleton weed
Chondrilla juncea
Yellow starthistle
Centaurea solstitialis
AMENDATORY SECTION(Amending WSR 07-09-005, filed 4/4/07, effective 5/5/07)
WAC 16-301-220Apply for a phytosanitary field inspection.
(1) On an application provided by the department seed program, a person requesting a phytosanitary field inspection must provide a list of the disease or diseases for which inspection is requested. Only one kind of crop is permitted on each application. Applications must be submitted to the department seed program before the due date. Refer to chapter 16-303 WAC for the appropriate fees.
(2) Due dates for phytosanitary applications for field inspections are as follows:
(a)
Western Washington
(i)
Fall plantings . . . .
April ((15)) 1
(ii)
Spring plantings . . . .
June 1
(b)
Eastern Washington
 
 
Fall plantings . . . .
April 15
(i)
Spring planted annual crops except corn . . . .
(21 days after
planting)
(ii)
Corn ((and all perennial crops)) . . . .
June 1
(iii)
Perennial crops . . . .
April 15
(iv)
Fields established with stecklings or transplants . . . .
(21 days after planting)
(3) Phytosanitary applications for crops requiring a fall inspection are due 30 days prior to inspection time and not later than September 15.
(4) To be eligible for Pseudomonas pisi, phytosanitary field inspection for peas or other diseases based on area surveillance, the applicant must file a report with the department seed program listing acreage and general location (such as block and unit if possible) prior to May 1.
(5) Applications received after the due date are assessed a late fee. Acceptance of a late application is at the discretion of the certifying agency.
(6) Each applicant must submit applications and/or required reports stating diseases for which inspection is to be made and the number of inspections required and/or requested.
AMENDATORY SECTION(Amending WSR 18-10-055, filed 4/27/18, effective 5/28/18)
WAC 16-302-050Submitting an application for seed certification.
(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 1st; 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 31st with the required fees.
(i) Bean - ((July 1st)) Twenty-one days after planting.
(ii) Corn - June 1st.
(iii) Industrial hemp - Twenty-one days after planting.
(2) For seed certified by the Washington state crop improvement association (WSCIA) seed certification application due dates are:
(a) Fall planted small grains, peas and lentils - April 1st.
(b) Spring planted small grains, peas, lentils, and millet – June 1st.
(c) Chickpeas – Within twenty-eight days of planting.
(d) Hybrid small grains – Fall plantings February 1st; spring plantings – Twenty-one days after planting.
(e) Buckwheat and soybean - July 1st.
(f) Sorghum - July 15th.
(g) 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)) April 15th.
(b) Grass - ((May 1st)) April 15th.
(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 14-20-050, filed 9/25/14, effective 10/26/14)
WAC 16-302-100Seed certificationProhibited noxious weed seed.
The following are considered prohibited noxious weeds for the purpose of seed certification.
english or
common name
botanical or
scientific name
Austrian fieldcress
Rorippa austriaca
Field bindweed
Convolvulus arvensis
Hedge bindweed
Calystegia spp.
Camelthorn
Alhagi maurorum
Canada thistle
Cirsium arvense
Dodder
Cuscuta spp.
Hairy whitetop
Lepidium appelianum
Hoary cress
Lepidium draba
Jointed goatgrass and jointed goatgrass hybrids
Aegilops cylindrica
Leafy spurge
Euphorbia esula
Palmers amaranth
Amaranthus palmeri
Perennial pepperweed
Lepidium latifolium
Perennial sowthistle
Sonchus arvensis
Quackgrass
Elymus repens
Knapweed complex
 
Bighead
Centaurea macrocephala
Vochin
Centaurea nigrescens
Black
Centaurea nigra
Brown
Centaurea jacea
Diffuse
Centaurea diffusa
Meadow
Centaurea x moncktonii
Russian
Rhaponticum repens
Spotted
Centaurea stoebe subsp. australis
Purple starthistle
Centaurea calcitrapa
Yellow starthistle
Centaurea solstitialis
Serrated tussock
Nassella trichotoma
Silverleaf nightshade
Solanum elaeagnifolium Cav.
Sorghum perennial such as, but not limited to, johnsongrass, sorghum almum, and perennial sweet sudangrass
Sorghum spp.
Tansy ragwort
Jacobaea vulgaris
Yellow-flowering skeleton weed
Chondrilla juncea
White cockle
Silene latifolia (only in timothy)
Bladder campion
Silene vulgaris (only in timothy)
Lepyrodiclis
Lepyrodicilis holsteoides
Velvetleaf
Abutilon theophrasti
AMENDATORY SECTION(Amending WSR 17-08-090, filed 4/5/17, effective 5/6/17)
WAC 16-302-470Seed standards for woody plants, forbs, and other reclamation species.
SEED STANDARDS
Crop
Minimum % Germination
Minimum % Pure seed
Maximum % Inert
Maximum %
Weeds (a)
Maximum %
Other crops
 
F/R
C
F/R
C
F/R
C
F/R
C
F/R
C
Small burnet
80
80
95
95
5
5
0.10
.2
.1
.25
Purple prairie clover
60(b)
60(b)
95
95
5
5
0.20
.5
.1
.25
Bitterbrush, antelope
75
75
95
95
5
5
0.10(a)
0.20
0.40
0.15(g)
1.25
0.50(g)
Balsamroot, arrowleaf sclerotinia
85
85
99
98
1.00
0
2.00
1/lb
0.02
0.04
0.10
0.20
Saltbush, four-wing
30
30
85
85
15
15
0.25(a)
.5(a)
.40
.15(g)
1.25
.50(g)
Gallardia(d)
60
60
90
90
10
10
0.20(a)
1.00(a)
.20
.10(g)
2.00
.25(g)
Prairie blazingstar or Gayfeather, thickspike
(Liatris pycnostachya)(d)
60
60
85
80
15
20
0.30(a)
0.30(a)
0.20
0.10(g)
2.00
0.25(g)
Kochia, prostrate, forage
Restricted noxious weeds
35
35
65
65
35
35
0.10
45/lb
0.20
91/lb
9/lb
25/lb
Artemesia sage, Louisiana sagebrush,
big mountain
sage, pitcher's (Salvia)
30
50
25
30
50
25
80
10
90
80
10
90
20
90
10
20
90
10
0.25
0.25(a)
0.30(a)
0.50(a)
0.50(a)
0.30(a)
0.40
0.40
0.25(g)
0.20(c)
0.10(g)
1.25
1.25
0.75(g)
2.00(c)
25(g)
Milkvetch, cicer
Alfalfa & sweet clover
Restricted noxious
Sclerotia
75
70
99
98
1
0.10
2
0.10
0.01(a)
None
0.20(a)
9/lb
0.01
9/lb
0.10(g)
0.20
45/lb
0.50(g)
Lupine
Restricted noxious
80
80
98
98
2
2
0.25
0
0.50
9/lb
0.10
0.40
Mountain mahogany
60
60
85
85
15
15
0.25(a)
0.50(a)
0.40
0.15(g)
1.25
0.75(g)
Penstemon spp.
80(d)
80(d)
90
90
10
10
0.20
1.00
0.20(c)
90/lb(e)
2.00(c)
180/lb(e)
Prairie-coneflower
60
60
90
90
10
10
0.20(a)
1.00
(a)
0.20(c)
0.10(g)
2(c)
2.00(g)
Safflower
-
85
-
99
-
1
-(a)
10(a)
-
1 in 2lbs(f)
0.10
1 in 1 lb(f)
Sainfoin
Restricted noxious weeds
-
80
99
99
1
2
0.10(a)
0.20
9/lb
0
0.10
Sand-reed, prairie
70
70
90
90
((0.10))
10
((0.10))
10
0.10
0.25
0.10
0.50
Winterfat
40
40
60
60
40
40
0.25
0.50
40
0.15(g)
1.25
0.75(g)
(a)
Must be free prohibited and restricted noxious weed seed.
(b)
Includes total germination and hard seed.
(c)
Never to exceed 0.25% other forbs.
(d)
Total viability by TZ.
(e)
Sweet clover.
(f)
Barley, oats, rye, triticale, or wheat.
(g)
Other varieties or kinds.