SENATE BILL REPORT

SSB 6176

BYSenate Committee on Agriculture (originally sponsored by Senators Barr, Hansen, Benitz, Anderson and Bailey)

Creating a uniform seed law.

Senate Committee on Agriculture

Senate Hearing Date(s):January 15, 1988; January 21, 1988

Majority Report:  That Substitute Bill No. 6176 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Barr, Chairman; Anderson, Vice Chairman; Bailey, Hansen, Rinehart.

Senate Staff:Kaleen Cottingham (786-7415)

                  January 22, 1988

AS PASSED SENATE, FEBRUARY 8, 1988

BACKGROUND:

The Washington Seed Act mandates certain labeling requirements for each container of seed distributed in this state.  Members of several seed associations have recommended that the Washington Seed Act be updated to conform with the Recommended Uniform State Seed Law (RUSSL) endorsed by the American Seed Trade Association.  This uniform seed law encourages states to enact consistent legislation in order to facilitate the interstate movement of seed and to cut down on confusion.

SUMMARY:

The incorporation of the Recommended Uniform State Seed Law requires the repeal and recodification of many of the concepts of the existing law.  All of the existing definitions are repealed and then recodified.  Several of the definitions are new as required by the text.

New concepts include the specific coverage of flower seed and hybrid labeling.  The germination test validity time periods are extended.  The labeling requirements are broken down by type of seed rather than covering all seed generally.  It is clarified that no seed sold in this state shall contain any prohibited noxious weed seed at all or any restricted weed seed in excess of amounts allowed by the director.

There is mandatory, but not binding, arbitration for seed performance disputes as a prerequisite to legal action.  Seed performance disputes include claims of mislabeling, breach of warranty, negligence or the right to assert any counterclaim or defense of seed performance.

The dispute is referred to an arbitration panel appointed by the Director of Agriculture.  The report of arbitration, while not binding, may be submitted into evidence in a subsequent legal action.

The arbitration committee has 60 days (or 90 if a sample of seed is grown) to make its investigation and report its findings of facts and conclusions of law.

Violations of this act are class 1 civil infractions under RCW 7.80.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Les Clemons, Washington Seed Council; Ed Owens, representing Superior Seed Company