AN ACT Relating to procurement of seeds by state agencies; and adding a new section to chapter 39.26 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1.  A new section is added to chapter 39.26 RCW to read as follows:

(1) When purchasing seed through a contract that is over two thousand five hundred dollars in value, all agencies must require suppliers of seed to ensure the identity and purity of the seed through appropriate testing performed by the Washington state department of agriculture or by any other agency authorized under the laws of any state, territory, or possession that has standards and procedures approved by the United States secretary of agriculture to ensure the identity and purity of seed.

(2) All agency contracts for the purchase of seed over two thousand five hundred dollars in value must include the agency's expectations for the germination or viability of the seed as an essential element of the supplier's performance under the terms of the contract.

(3) For the purposes of this section, tree seed, seed of woody species, and seed of aquatic species are not included.

(4) An agency may not structure what would naturally be one contract for the purchase of seed into multiple contracts for the purchase of seed for the purpose of avoiding the two thousand five hundred dollar threshold in subsection (1) of this section.

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