SENATE BILL REPORT

SB 6176

BYSenators 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 REPORTED BY COMMITTEE ON AGRICULTURE, JANUARY 21, 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All of the existing definitions are repealed and then recodified.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.

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.

EFFECT OF PROPOSED SUBSTITUTE:

Several duplicate provisions regarding label requirements are deleted.

A definition of prohibited noxious weeds is included and 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.

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

The arbitration provisions are rewritten to be non-repetitive.  A buyer damaged by seed which fails to produce or perform according to the label, by warranty or as a result of negligence must first go to mandatory, but not binding, arbitration before bringing an action in court or raising such issues as a defense or counterclaim.

The time limits for filing a complaint are deleted and the time frame for responding is extended to 20 days.  Failure to cooperate or answer shall be documented for the record.

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.

The make-up of the arbitration committee is modified to delete one of the two WSU representatives and add a member to represent an association whose members purchase seed.  The reimbursement for members' travel shall be paid by both parties equally.

Four members (or alternates) shall constitute a quorum.  Provisions are included for the filing of a minority report.  The Director of Agriculture shall supply staff support to the committee.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

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