Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-12-084.

     Title of Rule: The following sections in chapter 16-303 WAC will either be amended or repealed: WAC 16-303-200 Seed program testing fees, 16-303-210 Fees for special seed tests, 16-303-220 Inventory testing for seed germination, 16-303-230 Official seed sampling or similar service, 16-303-240 Fees for blending seed, 16-303-250 Miscellaneous charges for seed services, 16-303-300 Phyto-sanitary certification of seed -- Fees, 16-303-310 Organization for economic cooperation and development scheme for varietal certification (O.E.C.D.) fees, 16-303-315 Service fee for sod quality seed tags and tagging, 16-303-317 Annual and rough bluegrass quarantine fees, 16-303-320 Certification fees for seed certified by the department except grasses, and 16-303-330 Certification fees for grass seed.

     Purpose: Proposed rule amendments will restructure the seed program's fee schedule and increase fees charged for services to a sufficient level to recover current operating costs, finance two additional seed analysts and enhance the program's ability to address future testing requirements of new technology and crops being raised in Washington state. Seed certification fees, laboratory analysis fees and miscellaneous fees for alfalfa, grasses, vegetables and other minor seed crops would be increased in excess of the Office of Financial Management (OFM) fiscal growth rate factor as authorized in HB 1126 (relating to seed testing and certification fees), which was passed by the 2003 legislature and signed by the governor on May 14, 2003. Specifically, the proposed rule amendments will:

•	Increase the fees in WAC 16-303-200, 16-303-210, 16-303-230, 16-303-250, 16-303-300, 16-303-310, 16-303-315, 16-303-317 and 16-303-320 beyond the OFM fiscal growth rate factor as authorized by chapter 308, Laws of 2003 (HB 1126);
•	Condense the fee schedule in WAC 16-303-200 so it is easier to use;
•	Amend the fee schedule in WAC 16-303-210 to:

&sqbul;	Combine some fees; and
&sqbul;	Repeal other fees related to services no longer requested by industry or for services the seed program is no longer able to provide;

•	Repeal WAC 16-303-220 in its entirety;
•	Repeal WAC 16-303-230(2) because its content is either addressed in WAC 16-303-250 or will be incorporated into that section;
•	Amend WAC 16-303-240 to:

&sqbul;	Add blending fees for "Grass Option A" and "Grass Option B"; and
&sqbul;	Delete the reference to "plus cost of a purity and germination test which is required on the official sample of each blend" because the seed program no longer does official sampling on any blend;

•	Amend WAC 16-303-250 to:

&sqbul;	Add a "high priority sample" fee;
&sqbul;	Incorporate the "standby" fee currently located in WAC 16-303-230(2);
&sqbul;	Delete the "phone report only" under "preliminary report on germination" because it is redundant; and
&sqbul;	Delete subsection (2) by incorporating its content into the section's fee schedule;

•	Amend WAC 16-303-300 to:

&sqbul;	Delete the "sampling" fees because they are covered in WAC 16-303-230; and
&sqbul;	Delete the references to "serology test" and "laboratory analysis of plant material to verify disease" because the seed program does not establish these fees. The seed program may be required, by rule, to have these tests conducted but fees for these tests are established by the WSDA Plant Protection Division.

•	Amend WAC 16-303-310 by adding language that clearly identifies the O.E.C.D. assessment charges;
•	Amend WAC 16-303-320 to:

&sqbul;	Include a schedule of certification fees for grass seed with related footnotes; and
&sqbul;	Delete "except grasses" from the section title because the section will now include grasses;

•	Repeal WAC 16-303-330 in its entirety because the fees in this section will be incorporated into WAC 16-303-320; and
•	Where necessary, clarify the language in the rule sections listed on the CR-101 form under "Subject of possible rule making."

     Statutory Authority for Adoption: RCW 15.49.301, 15.49.370(3), chapter 308, Laws of 2003 (HB 1126) and chapter 34.05 RCW.

     Statute Being Implemented: Chapter 15.49 RCW.

     Summary: See Purpose above.

     Reasons Supporting Proposal: See Purpose above.

     Name of Agency Personnel Responsible for Drafting: Victor Shaul, Yakima, (509) 225-2682; Implementation and Enforcement: Robert W. Gore, Olympia, (360) 902-1827.

     Name of Proponent: Washington State Department of Agriculture, governmental.

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Fee increase is in accordance with chapter 308, Laws of 2003 (HB 1126).

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

     Proposal Changes the Following Existing Rules: See Purpose above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires that an agency must prepare a small business economic impact statement (SBEIS) for proposed rules that impose a more than minor cost on businesses in an industry. The department has analyzed the impact of the proposed fee increases to chapter 16-303 WAC and has concluded that they do not impose a more than minor impact on the businesses regulated by the rule. Therefore, an SBEIS is not required and has not been prepared.

     WSDA Seed Program Advisory Committee members are:

     Jim Sorensen, Sorensen Seed Co., representing western field grasses

     Barb White, Alf Christianson Seed Co., representing western vegetable seed

     Pat Haight, Seminis Vegetable Seed Co., representing eastern vegetable seed

     Bill Brotherton, Brotherton Seed Co., representing eastern vegetable seed

     Dave Johnson, Jacklin Seed Co., representing eastern grasses

     Steve Stilson, Dye Seed Ranch, representing eastern turf grasses

     Paul Herrman, L&H Seed Co., representing eastern reclamation grasses

     Todd Harris, Rainier Seed Co., representing eastern reclamation grasses

     Jerry Robinson, Columbia Grain, representing bean pea & lentil seed production

     Kurt Braunwart, Progene, representing bean pea & lentil seed production

     Dana Herron, Connell Grain Growers, representing eastern seed grain production

     Bruce Abbey, Seed grain grower, representing eastern seed grain growers

     Larry Eckman, Pioneer Hi-Bred Int'l., representing eastern seed corn

     Rick Ames, KAPA Seed Services, representing eastern vegetable seed

     Mike McCubbins, Cal/West Seeds, representing alfalfa and clover seed

     Henry Estrada, Alfalfa seed grower, representing alfalfa seed producers

     Tim Woodword, WSU Co-Op Extension, representing Franklin County

     Gary Pelter, WSU Co-Op Extension, representing Grant County

     Keith Pfeifer, Washington State Crop Improvement Association

     Doug Boze, Washington State Crop Improvement Association

     Graydon Robinson, WSDA Seed Program

     Victor Shaul, WSDA Seed Program

     Seed Industry Involvement in the Rule Development Process: The seed industry asked WSDA to modify the current seed program fee structure. A subcommittee of the Advisory Committee was formed to study the fee structure and how it could be modified and to determine the funding level necessary to maintain program services at desired levels. The seed industry requested legislation in 2003 authorizing WSDA to raise fees in excess of the OFM fiscal growth rate factor. Such legislation was passed by the 2003 legislature (with only one opposing vote) and signed by Governor Locke on May 14, 2003. The major industry impacted by this legislation and the resulting proposed fee increases is the Washington seed industry, which is composed of turf-grass, range-grass, grain, vegetable seed, and small seeded legume seed producers.

     The members of the subcommittee that studied the seed program's fee structure and how it should be modified were:

     Dana Herron, Connell Grain Growers

     Kurt Braunwart, Progene

     Pat Haight, Seminis Vegetable Seed Co.

     Graydon Robinson, WSDA Seed Program

     Orlin Reinbold, Landmark Seed (volunteer)

     The subcommittee met four times. The results of those meetings were:

•	A recommendation that the seed industry request legislation allowing WSDA to increase seed program fees beyond the OFM fiscal growth rate factor for fiscal year 2004;
•	Contributions to the development of new fee rates; and
•	Help in completely restructuring the program's fee schedule resulting in a schedule that is much shorter than the current one and is very clear and concise and easy to understand.

     In addition to supporting HB 1126, which made the proposed fee increases possible, the Seed Program Advisory Committee took the lead at several industry meetings in discussing the benefits of increasing the seed program's fees. The most notable meetings were the:

•	Turf-grass Seed Commission meeting(s);
•	Washington Crop Improvement Association board meeting; and
•	Alfalfa Seed Commission meeting.

     The Purpose of This Analysis: RCW 19.85.030(1) requires an agency to prepare a small business economic impact statement (SBEIS) if the agency's proposed rule will impose a "more than a minor cost" on businesses in the regulated industry. The purpose of this analysis is to determine if the proposed seed program fee increases impose a "more than minor cost" on the businesses affected by them, thus requiring the department to prepare a formal SBEIS.

     The Importance and Unique Character of the Washington Seed Industry: There are approximately 164,000 acres under seed production in Washington. There is a wide range of seed types produced in this state, ranging from turf and range grasses to grains, forages, and vegetables. Lesser seed crops include reclamation crops, trees, shrubs, and flower seeds. The primary production area is the Columbia Basin in Eastern Washington. Other production areas include the Spokane and Walla Walla areas in extreme Eastern Washington as well as the Mount Vernon area of Western Washington. The farm-gate value of grass and alfalfa seed alone was nearly $41 million in 2001.

     In 2002, 133,000 acres were inspected under one or more programs administered by the WSDA seed program. The majority of this seed was inspected for certification. This program tracks the genetic identity of seed from year to year and is used to assure the varietal purity of seed. The remainder of the acreage is inspected under the Washington Phytosanitary Inspection Program. Seed under this inspection scheme is eligible for exportation to national and international markets. In 2002 this program alone was responsible for the exportation of 5,112,872 tons of seed.

     The state of Washington provides a unique seed production area due to many contributing factors. These include an abundance of land with ample irrigation and the ability to isolate seed crops from consumption crops of the same type, thereby avoiding cross-pollination. The wide range of geography offered in our state makes it possible for a wide array of seed crops to be produced. Also, due to low humidity during the summer months in the Columbia Basin, Washington is able to offer a relatively disease free production area. Another factor that is attractive to seed producers is ready access to the Port of Seattle, which facilitates international movement of Washington seed products. Finally, a thriving dairy and beef cattle industry is present to utilize the byproducts of seed production.

     WSDA's Seed Program Support for the Seed Industry: The Washington Department of Agriculture is mandated under RCW 15.49.370 to adopt and enforce regulations for seed certification, to conduct seed testing and to fix and collect fees for such services. In meeting this mandate, WSDA operates the only official seed laboratory in the state. The state seed lab is responsible for providing seed testing services to the Washington seed industry and performs 25,000 tests on 8,000 individual samples annually. These tests provide the information for labeling, which allows producers to market seed according to state and federal seed laws.

     The seed program also administers seed certification activities within the state. The intent of this program is to provide growers with a source of genetically identified seed. The WSDA seed program also cooperates with the Washington State Crop Improvement Association, a nonprofit organization, for the certification of small grains.

     Groups Affected by the Proposed Fee Increases and the Estimated Cost of Compliance: There are one hundred seventeen businesses cleaning and conditioning seed that are customers of the seed program. Many businesses that deal in seed are also producers of other commodity crops such as wheat, dry edible beans, hay, and fresh processing crops like sweet corn, peas and beans. RCW 19.85.020 defines a small business as one with fifty or fewer employees. Based upon this definition, one hundred twelve of the seed program's one hundred seventeen customers (95.7%) are small businesses.

     In Washington state, Kentucky bluegrass is the most predominant seed crop, by acreages, and those who grow it submit more samples to the seed laboratory for testing than any other group of seed producers. A typical Kentucky bluegrass grower in the Columbia Basin with a 125-acre circle would produce an average of 550 pounds of seed per acre. According to national agricultural statistics, the seed from this field would be valued at $51,562 (based upon 1997-2001 survey figures).

     Under the proposed fee schedule, the cost to certify this field would be $641.62 compared to the current cost of $625.25. The laboratory cost of providing the necessary testing and analysis to certify and market the seed from this field would be $151.25 compared to the current cost of $73.21. (Note: The proposed laboratory fees for testing and analysis are more than double the current lab fees. Between 1994 and 2002 the WSDA seed program did not increase its fees. Consequently, the costs of providing laboratory services increasingly exceeded the fees for those services charged by the program. The more samples the lab tests and analyzes, the more money the lab loses. Such a situation can't continue if the laboratory is going to stay in business and provide the services that the industry requires.)

     Based upon the Kentucky bluegrass example, the total cost to the grower under the proposed fee schedule comes to just over 1.5% of the gross revenue from the field compared to a total cost of 1.35% under the current fee structure. There is not a direct doubling of the percentage of the increased costs due to different services increasing different amounts. Laboratory fees are being increased significantly, while certification charges are going up slightly. WSDA does not consider the combined increase of approximately 0.15% to be a "more than minor" increase, when compared against gross revenue.

     The same methodology for increasing fees was applied to all crops certified and tested by WSDA. Therefore the impact effect of the increase will be the same for less prevalent crops as it is for Kentucky bluegrass. Furthermore, WSDA believes that the bluegrass example represents the typical economic impact that the proposed fee increases will have upon the entire seed industry in Washington state.

     The seed program is a local fee for service program. The users of its services pay the same unit price per service regardless of the size of the business. Therefore, the impact of the fee increase will be directly proportional to the amount of acreage certified and/or the number of samples submitted. Large growers, with more acreage to certify and more samples to be tested and analyzed than small growers, will incur greater costs than small growers. In other words, the proposed fee schedule does not have a disproportional impact upon small businesses.

     An analysis of the charges of other seed laboratories and certification agencies in the northwest shows that the proposed fee schedule will bring the WSDA seed program in line with the fees that the seed industry is paying in neighboring states. The proposed fee increases will simply allow the seed program to recover its costs of doing business and enable it to provide better, updated services to its customers. The reconfigured fee schedule will be easier to understand and nothing in the proposed amendments requires additional recordkeeping.

     Viable Alternatives to the Proposed Fee Increases Do Not Exist: There is really no alternative to the proposed fee increase. The long-term survival of the seed program and the Washington seed industry itself is dependant upon this fee increase. The seed program's budget, under the current fee structure, is not adequate to support the testing and inspection demands placed upon it by the seed industry. The Seed Program Advisory Committee, which is a cross section of the industry, unanimously supports this fee increase. The committee, at meetings on November 18, 2002, and April 4, 2003, voted unanimously to support legislation allowing WSDA to set seed fees in excess of the OFM fiscal growth rate factor and supports the proposed fee increases.

     The alternative to increasing seed program fees would be to continue to operate under the current fee structure while scaling back the operations of the program, which is contrary to the mandate of the advisory committee and the wishes of the industry. The seed industry has made it clear that there is unanimous support not only for the maintenance of the seed program, but for the expansion of the program as well, both in terms of hiring additional personnel and offering additional services like herbicide trait testing and screening for genetically enhanced characteristics.

     Conclusion: In a Washington state industry that is composed predominately of small businesses that are continually being forced to compete in world markets, retaining a stable and fiscally secure state seed laboratory that can effectively respond to the needs of its customers is essential. A viable state seed lab is also necessary if the state's seed industry is going to expand and create new business opportunities in Washington state. The way to ensure the fiscal health and sound growth of the seed lab is through the adoption of the proposed fee increases.

     The WSDA proposal to increase seed program fees will affect anyone testing or certifying seed in Washington state. The amount of fees paid will be directly proportional to the amount of services purchased from the program. Based upon approximate yields, WSDA believes that the typical cost imposed by the new fee structure will be about 1.5% of the gross income per acre, an increase of 0.15% over the cost imposed by the current fee structure. In the department's judgment, an increase of 0.15% is not "more than minor" and, therefore, a small business economic impact statement (SBEIS) is not required.

     RCW 34.05.328 does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).

     Hearing Location: Washington State Department of Agriculture, 21 North First Avenue, Second Floor Conference Room, Yakima, WA 98902, on August 26, at 1:00 p.m.

     Assistance for Persons with Disabilities: Contact Laurie Crose by August 20, 2003, TDD (360) 902-1996.

     Submit Written Comments to: George Huffman, Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, e-mail ghuffman@agr.wa.gov, fax (360) 902-2085, by 5:00 p.m. on August 26.

     Date of Intended Adoption: August 29, 2003.

July 23, 2003

William E. Brookreson

Deputy Director

OTS-6528.2

AMENDATORY SECTION(Amending WSR 03-08-005, filed 3/20/03, effective 4/20/03)

WAC 16-303-200   Seed program testing fees.   Seed testing fees are as follows:

     (1) ((FIELD CROPS:

	MINIMUM SAMPLE SIZE		PURITY		GERMINATION	TZ
alfalfa	4 oz		14.86		12.73	23.35
alkaligrass	4 oz		19.10		11.67	23.35
barley	1.25 lb		14.86		12.73	23.35
beets, sugar	1.25 lb		20.17		22.29	23.35
bentgrass	2 oz		33.97		18.04	23.35
bermudagrass	4 oz		19.10		11.67	23.35
black medic	4 oz		14.86		12.73	23.35
bluegrass	4 oz		23.35		15.91	23.35
brassica sp.	6 oz		36.08		18.04	23.35
brome-mountain	6 oz		24.41		12.73	23.35
brome-smooth, meadow	6 oz		24.41		12.73	23.35
buckwheat	1.25 lb		14.86		12.73	23.35
canarygrass	8 oz		19.10		11.67	23.35
clover	4 oz		14.86		12.73	23.35
fescue	4 oz		23.35		12.73	23.35
flax-lewis	4 oz		14.86		12.73	23.35
foxtail	4 oz		14.86		11.67	23.35
garbanzo bean	1.25 lb		13.79		12.73	N/A
indian ricegrass	6 oz		19.10		11.67	23.35
junegrass	6 oz		19.10		11.67	23.35
lentil	1.25 lb		14.86		12.73	N/A
little bluestem	4 oz		22.29/hr		11.67	23.35
lupine	1.25 lb		14.86		12.73	N/A
milkvetch	1.25 lb		14.86		12.73	23.35
millet	1.25 lb		14.86		12.73	N/A
needle & thread	6 oz		19.10		11.67	23.35
needlegrass, green	6 oz		19.10		11.67	23.35
oatgrass	6 oz		19.10		11.67	N/A
oats	1.25 lb		14.86		12.73	23.35
orchardgrass	4 oz		26.53		13.79	23.35
peas	1.25 lb		13.79		12.73	N/A
prairie sandreed	6 oz		19.10		11.67	23.35
primrose	4 oz		14.86		12.73	N/A
redtop	2 oz		33.97		18.04	23.35
rice	1.25 lb		14.86		12.73	N/A
rye	1.25 lb		14.86		12.73	23.35
ryegrass, perennial	4 oz		23.35		11.67	23.35
ryegrass, annual	4 oz		23.35		11.67	23.35
safflower	1.25 lb		14.86		12.73	N/A
sainfoin	1.25 lb		14.86		12.73	N/A
sand dropseed	4 oz		19.10		11.67	23.35
sand lovegrass	4 oz		19.10		11.67	23.35
sideoats grama	4 oz		22.29/hr		11.67	23.35
small burnett	8 oz		14.86		12.73	N/A
sorghum	1.25 lb		14.86		12.73	N/A
sudangrass	8 oz		14.86		12.73	23.35
sunflower	1.25 lb		14.86		12.73	N/A
swiss chard	1.25 lb		36.08		19.10	N/A
switchgrass	4 oz		19.10		11.67	23.35
timothy	4 oz		19.10		11.67	23.35
trefoil	4 oz		14.86		12.73	N/A
triticale	1.25 lb		14.86		12.73	23.35
vetch	1.25 lb		19.10		12.73	23.35
wheat	1.25 lb		14.86		12.73	23.35
wheatgrass,
beardless
slender
thickspike	6 oz		40.34		15.91	23.35
wheatgrass,
bluebunch	6 oz		40.34		15.91	23.35
wheatgrass,
crested	4 oz		27.59		15.91	23.35
wheatgrass,
tall
intermediate
pubescent	6 oz		40.34		15.91	23.35
wheatgrass,
western	6 oz		40.34		15.91	23.35
wildrye	6 oz		19.10		11.67	23.35
zoysia	4 oz		19.10		11.67	23.35

     (2) VEGETABLES:

	MINIMUM SAMPLE SIZE		PURITY		GERMINATION	TZ
asparagus	1.25 lb		14.86		12.73	N/A
beans	1.25 lb		13.79		12.73	N/A
beets	1.25 lb		20.17		19.10	N/A
cantaloupe	1.25 lb		14.86		12.73	N/A
carrot	4 oz		14.86		12.73	40.34
celery	4 oz		14.86		12.73	N/A
chard	4 oz		14.86		22.29	22.29
corn	1.25 lb		14.86		12.73	N/A
cucumber	1.25 lb		14.86		12.73	N/A
dill	4 oz		14.86		12.73	N/A
eggplant	4 oz		14.86		12.73	N/A
endive	4 oz		14.86		12.73	N/A
leek	8 oz		14.86		12.73	N/A
lettuce	4 oz		14.86		12.73	N/A
okra	4 oz		14.86		12.73	N/A
onion	8 oz		14.86		12.73	N/A
parsley	4 oz		14.86		12.73	N/A
parsnip	4 oz		14.86		12.73	N/A
pepper	8 oz		14.86		12.73	N/A
pumpkin	1.25 lb		14.86		12.73	N/A
radish	1.00 lb		14.86		12.73	N/A
spinach,
New Zealand	8 oz		14.86		22.29	N/A
spinach	8 oz		14.86		22.29	N/A
squash	1.25 lb		14.86		12.73	N/A
tomato	4 oz		14.86		12.73	N/A
turnip	6 oz		14.86		12.73	23.35
watermelon	1.25 lb		14.86		12.73	N/A))

Category	Crop kind	PURITY	GERM/1	TZ	Additional Crops in each Category/2
1	Agricultural Grasses	37.00	22.60	41.83	Alkaligrass, Bermudagrass, Canarygrass, Foxtail, Switchgrass, Timothy, Zoysia
2	Alfalfa & Clover	28.78	24.66	41.83	Alfalfa, Black Medic, Clover, Lupine, Milkvetch, Sainfoin, Trefoil
3	Beans	26.72	24.66	41.83	Beans
4	Beets	39.06	43.16	41.83	Beets, Swiss chard, spinach
5	Bentgrass, redtop	65.78	34.94	41.83	Bentgrass, redtop
6	Bluegrass	45.22	30.82	41.83	Bluegrass, all types
7	Brassica sp.	69.88	34.94	41.83	Brassica Species
8	Brome	47.28	24.66	41.83	Brome: Mountain, Smooth, Meadow
9	Fescue	37.00	24.66	41.83	Fescue: Tall and Meadow
10	Fescue, all others	45.22	24.66	41.83	Fescue: Arizona, Blue, Blue Hard, chewings, creeping, Hard, Idaho, Red, Sheep
11	Flax	28.78	24.66	41.83	Lewis flax
12	Orchardgrass	51.38	26.72	41.83	Orchardgrass
13	Peas	28.78	24.66	41.83	Peas, other large seeded legumes
14	Primrose	28.78	24.66	41.83	Primrose
15	Ryegrass	45.22	22.60	41.83	Ryegrass, (Perennial or Annual)
16	Small burnet	28.78	24.66	41.83	Small burnet
17	Sudangrass	28.78	24.66	41.83	Sudangrass
18	Vegetables	28.78	24.66	45.00	Vegetables: Asparagus, Cabbage, Cantaloupe, Carrot, Celery, Chard, Corn, Coriander, Cucumber, Dill, Eggplant, Endive, Kale, Leek, Lettuce, Okra, Onion, Parsley, Parsnip, Pepper, Pumpkin, Radish, Squash, Tomato, Turnip, Watermelon
19	Grains and Pulses	28.78	24.66	41.83	Wheat, Triticale, Sunflower, Sorghum, Safflower, Rye, Rice, Millet, Lentils, Buckwheat, Barley, Oats, Chickpeas, Vetch
20	Wheatgrass, Wildrye, other native sp.	78.12	30.82	41.83	Wheatgrass: Beardless, Bluebunch, Crested, Intermediate, Pubescent, R/S, Slender, Siberian, Tall, Thickspike, Western Wildrye
					Other Native Species: Echinacea, Green needlegrass, Indian ricegrass, Junegrass, Little bluestem, Needle and Thread, Squirreltail, Kochia, Penstemon, Oatgrass, Prairie sandreed, Sand dropseed, Sand Lovegrass, Sideoats grama

     /1 Standard 400 seed germination test.

     (2) Crops not listed in the above table will be charged by the category that they fit into.

[Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. 03-08-005, § 16-303-200, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. 02-12-061, § 16-303-200, filed 5/30/02, effective 6/30/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, § 16-303-200, filed 12/6/00, effective 1/6/01.]

Test	Fee		((Other Considerations)) Additional Information
(1) All states noxious weed examination	$ ((10.60)) 33.38
(((2) Analysis of partially cleaned, uncleaned or field run seed with excessive inert, or crop or weed seeds	$ 22.29 hourly rate))
(2) Dormant Seed Test	$ 41.83
(2) (a) For crops requiring a 400 seed TZ as required in the AOSA rules. This fee also applies to paired tests when required by AOSA rules	$ 83.66
(3) Brassica seed chemical identification	$ ((10.60)) 20.94
(4) Cold (vigor) test for wheat	$ ((53.08)) 65.00
(((5) Crop and weed exam (Required for all foundation and registered class grass seeds)	Purity fee minus $ 5.30		Hourly rate will be assessed when applicable; hourly rate applies when a larger amount is requested))
(5) Crop or weed exam			Standard noxious amount from AOSA rules
Turf-type and other small seeded grasses	$ 38.00		Kentucky bluegrass, timothy, alkaligrass, fine-leaved fescues
Small seeded legumes and medium seeded crops	$ 44.00		Brassicas, ryegrass, tall fescue
Wheatgrass and native species	$ 50.00
Grains and pulses	$ 22.00
(6) Fescue seed ((fluorescence)) ammonia test	$ ((15.91)) 30.82		((Test required on certified samples))
(7) Fluorescence test (400 seed test)	$ ((13.79)) 26.72
(8) Miscellaneous services, samples requiring extra time, field run samples, etc.	$ ((22.29 hourly rate)) 30.00/hour
(9) Pest and disease (phyto exam) or soil exam	$ ((18.04)) 34.94
(10) ((Poa annua check)) Quarantine tests on seed
Bluegrass and Bentgrass (((5 grams)
Bluegrass (5 grams)	$ 18.04)) $ 18.04/5 grams
Other grasses (((10 grams)))	$ 18.04/10 grams
(11) Rules test -- Canadian	PURITY		GERMINATION
Alfalfa, clover, peas, lentils	$ ((22.59)) 32.37		$ ((12.73)) 24.66
Kentucky bluegrass	$ ((33.97)) 49.34		$ ((15.91)) 30.82
((Peas, lentils	$ 22.59		$ 12.73))
Bentgrass	$ ((49.89)) 72.47		$ ((18.04)) 34.94
(12) Rules test -- I.S.T.A.	PURITY		GERMINATION
Alfalfa, clover, peas, lentils	$ ((22.59)) 32.37		$ ((15.91)) 30.82
Kentucky bluegrass	$ ((33.97)) 49.34		$ ((15.91)) 30.82
((Peas, lentils	$ 22.59		$ 15.91))
(13) ((Samples requiring special preparation for germination, for example pelleted seeds)) Moisture test	$ ((22.59)) 30.00		((Additional Charge))
(14) Seed Count	$ ((18.04)) 21.84
(15) ((Sod analysis check (25 gram exam to evaluate if a lot appears to be sod quality))) Outstanding charge	$ ((20.17)) 15.00		((Phone report only))
(16) ((Sod seed analysis (A special test of turf grasses for those who need a detailed examination of seed before purchase and/or use))) Sod seed analysis	Bluegrass Fescue Ryegrass	$ ((63.69)) 75.00 $ ((44.59)) 52.00 $ ((36.08)) 42.00	((Bluegrass test includes purity, 25 gram crop and weed exam, and 10 gram Poa annua check. Ryegrass and Fescue test include purity and 50 gram crop and weed exam.))
(17) Sodium Hydroxide test for presence of red and/or white wheat	$ ((10.60)) 20.54
(18) ((Soil exam or similar (A visual examination of a representative sample)	$ 18.04		Reported on seed analysis certificate
(19))) Undesirable grass species test (includes an all states noxious test) examination (UGS test)	$ ((12.73)) 70.37
(((20) Variety separation of Kentucky bluegrass	$ 20.17
If separated at time of purity analysis	$ 9.55))

[Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. 03-08-005, § 16-303-210, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. 02-12-061, § 16-303-210, filed 5/30/02, effective 6/30/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, § 16-303-210, filed 12/6/00, effective 1/6/01.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 03-08-005, filed 3/20/03, effective 4/20/03)

WAC 16-303-230   Official seed sampling or similar service.   (((1) The fee for official seed sampling or similar service is as follows:)) Fees for official sampling are in addition to travel time and mileage.

Crop	Fee	Minimum charge
Peas, beans, small grains or seeds of similar size	$ 0.05 Per cwt.	$ ((22.29)) 30.00
For all other kinds	$ 0.15 Per cwt.	$ ((22.29)) 30.00

     (((2) If a special trip is required to provide a service, the person requesting the service may be charged at the rate of $ 18.04 per hour travel time plus a mileage fee set by the Washington State Office of Financial Management in addition to the specific fee for service. All standby time is charged at the rate of $ 22.29 per man-hour.))

[Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. 03-08-005, § 16-303-230, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. 02-12-061, § 16-303-230, filed 5/30/02, effective 6/30/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, § 16-303-230, filed 12/6/00, effective 1/6/01.]

Grass option B*	Washington origin seed	$ 1.02 per cwt.
Grass option B*	Out-of-state origin	$ 0.61 per cwt.
Grass option A and all other blends of other crops		$ 0.05 per cwt.
*See WAC 16-303-320, footnote 6 for information on option A and option B.

[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, § 16-303-240, filed 12/6/00, effective 1/6/01.]

Service	Fee
Rush samples (including phone or FAX report if requested at time sample is submitted)	$ ((12.73)) 15.00
High priority sample - purity result completed before the end of the next business day. (Special circumstances only. Call ahead for availability.)	$ 150.00
Phone reports on test result, per call	$ ((3.70 per call)) 7.18
Preliminary report on germination	$ ((8.49)) 20.00
((Phone report only	$ 1.59))
Additional mailing of report	$ ((2.64)) 5.12 each destination
Additional copies of reports	$ ((2.64)) 5.12 ((())minimum fee(()))
Revised reports	$ ((5.29)) 10.26 minimum (hourly fee when applicable) (((minimum fee - or hourly fee when applicable)))
Fee for special shipping and handling service, for example Federal Express, Air Parcel or air freight	$ 3.70 plus exact shipping cost
Fee for facsimile transmission of documents	$ ((3.70)) 5.39 per document
((Travel time - additional or special requested trips	$ 18.04 ))
Mileage - additional or special requested trips	As established by the Washington State Office of Financial Management

     (((2) Test plot examinations or consultant work in seed plots, seed fields, seed conditioning plants, etc., shall be at the rate of $ 22.29 per hour plus mileage and travel time at the rate of $ 18.04 per hour traveled.))

Stand-by time - or travel time	$ 30.00/hour	Travel time to be charged when special trip is requested.
Sample envelopes		Customer will be charged the exact cost of the envelopes.

[Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. 03-08-005, § 16-303-250, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. 02-12-061, § 16-303-250, filed 5/30/02, effective 6/30/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, § 16-303-250, filed 12/6/00, effective 1/6/01.]

Service			Fee	((Other Considerations)) Additional Information
Phyto-sanitary certificate			$ ((22.29 each)) 30.00
Field inspection--All seed except wheat seed (for each required inspection)			$ ((5.29)) 5.30 per acre, per required inspection	$ ((21.22)) 50.00 minimum fee ((payable with application)), per inspection
Field inspection--Wheat seed only (((for each required inspection)))			$ ((2.11)) 2.12 per acre or fraction thereof	((Payable with application)) $ 50.00 minimum fee, per inspection
Area inspection (billed at time certificate is issued)			$.05 per cwt.	$ ((21.22)) 50.00 minimum fee per certificate $ 159.25 maximum fee per certificate ((Billed at time certificate is issued))
Late fee - per application			$ 41.00
((Late fee--
	Application		$ 31.84 each
	Sampling (When Required)--
		Beans, peas, lentils, and cereal grains	$.05 per cwt.
		Other crops	$.15 per cwt.
Serology test			Fee as established by the testing laboratory.
Laboratory analysis of plant material to verify disease			An additional fee of actual cost shall be charged when necessary to examine plant material and/or seed))

[Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. 03-08-005, § 16-303-300, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. 02-12-061, § 16-303-300, filed 5/30/02, effective 6/30/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, § 16-303-300, filed 12/6/00, effective 1/6/01.]

Service	Fee	((Other Considerations)) Additional Information
O.E.C.D. certificate	$ ((10.60)) 15.41 each
O.E.C.D. grow out test	$ ((48.83)) 65.72 each entry	No charge for control entry
O.E.C.D. assessment	cost to program
O.E.C.D. tagging fee	$ 0.84/cwt. $ 0.53/cwt.	grasses all other crops

[Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. 03-08-005, § 16-303-310, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. 02-12-061, § 16-303-310, filed 5/30/02, effective 6/30/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, § 16-303-310, filed 12/6/00, effective 1/6/01.]

[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, § 16-303-315, filed 12/6/00, effective 1/6/01.]

     (1) Annual bluegrass and rough bluegrass - inspection fee for nursery plantings for the presence of annual bluegrass is $ ((53.08)) 59.10 per acre or portion thereof. The tagging fee is $ ((0.52)) 0.53 cwt. with a minimum fee of $ ((10.60)) 23.12.

     (2) ((Rough Bluegrass - inspection fee for nursery plantings is $ 53.08 per acre or portion thereof.)) Quarantine inspection of grass seed fields found to be in violation of the quarantine requirements will be charged at the rate of $ 150.00 per field inspection.

[Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. 03-08-005, § 16-303-317, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. 02-12-061, § 16-303-317, filed 5/30/02, effective 6/30/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, § 16-303-317, filed 12/6/00, effective 1/6/01.]

     The seed processor is responsible for seed certification fees including sampling, testing, production and final certification fees, and may accept responsibility for any other additional fees associated with certification. Fees for services such as O.E.C.D. and sod quality, etc., are in addition to the fees listed in this section.

Seed	Application Fee 1/	Seedling producing or field inspection Fee 2/	Late Application Penalty Fee	Reinspection Fee (other than isolation)	Production Fee (includes ((sampling and)) tagging) 7/	Seed shipped Out-of-State (uncleaned)
Alfalfa, Red clover, White clover and Trefoil	$ ((15.91)) 23.12 per variety per grower	$ ((1.84)) 1.85/acre	$ ((31.84)) 41.00	$ ((42.46)) 53.44 ea. field	$ ((0.52)) 0.53/cwt. 5/	$ ((0.19)) 0.20/cwt.
Bean	$ ((15.91)) 23.12 per variety per grower	$ ((1.84)) 1.85/acre 3/ (one inspection) $ 3.70/acre 4/ (two inspections)	$ ((31.84)) 41.00	$ ((42.46)) 53.44 ea. field	$ ((0.52)) 0.53/cwt.	$ ((0.19)) 0.20/cwt.
Turnip, Rutabaga	$ 23.12 per field	$ 3.70/acre (two inspections)	$ 41.00	$ 53.44 each field	$ 0.53/cwt.	$ 0.20
Perennial Grasses 6/	$ 23.12 per field	$ 41.00 per field	$ 41.00	$ 53.44 each field	Option A $ 0.84/cwt. Option B $ 1.17/cwt. (min. $ 11.66)	$ 0.31
Corn	$ ((15.91)) 23.12 for each separate combination/or isolation	$ ((26.53)) 50.00 first acre $ ((10.60)) 10.99 ea. additional acre except hybrid corn $ ((3.70)) 4.85 ea. additional acre	------	------	------	------
((Sudangrass)) Annual grasses	$ ((15.91)) 23.12 per field	$ ((1.84)) 1.85/acre	$ ((31.84)) 41.00 per field	------	$ 0.42/cwt.	((------)) $ 0.20
Rapeseed	$ ((15.91)) 23.12 per variety per grower	$ ((1.84)) 1.85/acre (one inspection)	$ ((15.91)) 41.00 per grower	$ ((21.22)) 53.44 ea. field	$ ((0.52)) 0.53/cwt.	((------)) $ 0.20

1/	((Refer to WAC 16-302-050 for seed certification application due dates.)) Seed certification application due dates can be found in WAC 16-302-050.
2/	((Refundable if acreage is withdrawn before inspection. Except for bean seed, required of seedling fields to be harvested for certification the year of planting. Notification of seeding field to be harvested for certification and required fees are due July 31.)) Seedling producing or field inspection fees are refundable if the acreage is withdrawn before the inspection is completed. In the case of bean seed, fees are required of seedling fields to be harvested for certification the year of planting.
3/	One inspection is required for Great Northern Red Mexican, pinto, pink, and small white bean.
4/	Includes windrow inspection which is required for certification of snap beans, kidney beans, and eligibility for shipment into the state of Idaho.
5/	((Sampling and)) Production fees are billed at completion of laboratory analysis tests. If ((none of the)) no seed is tagged, ((ten cents)) $ 0.10 of the ((fifty-two cents)) $ 0.53 per cwt. production fee is refundable.
6/	Option A: Inspection and final certification fees are based on pounds sampled and billed upon completion of required laboratory tests.
	Option B: Inspection and final certification fees are based on pounds tagged after required laboratory tests are completed. Those dealers requesting sampling and tagging privileges and/or participation in Option B must sign a memorandum of agreement that shall expire on June 30 of each year. The memorandum may be terminated by the director if the conditioner violates certification standards or requirements of memorandum.
7/	Does not include shipping and handling charge.

     (2) Other fees associated with grass seed certification:

     Out-of-state origin seed tagged with interagency certification tags.

Grass Option A:	$ 0.31 per cwt.
Grass Option B:	$ 0.68 per cwt.
Reissuance of cert. tags:	$ 0.11 per tag or minimum fee of $ 11.66

[Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. 03-08-005, § 16-303-320, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. 02-12-061, § 16-303-320, filed 5/30/02, effective 6/30/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, § 16-303-320, filed 12/6/00, effective 1/6/01.]

     The following sections of the Washington Administrative Code are repealed:

WAC 16-303-220	Inventory testing for seed germination.
WAC 16-303-330	Certification fees for grass seed.

© Washington State Code Reviser's Office