PERMANENT RULES
Effective Date of Rule: Thirty-one days after filing.
Purpose: The rule-making order amends chapter 16-302 WAC by modifying current seed certification standards to allow for trait verification as criteria for seed certification for varieties that contain a GMO or other novel trait(s).
Additionally, amendments to seed certification rules will be made to provide clarity in regards to prohibited noxious weeds by specifying that prohibited noxious weed[s] must be controlled to prevent seed formation when they are present in a seed field.
Citation of Existing Rules Affected by this Order: Amending WAC 16-302-080, 16-302-170, 16-302-560, and 16-302-685.
Statutory Authority for Adoption: Chapters 15.49 and 34.05 RCW.
Adopted under notice filed as WSR 10-05-117 on February 17, 2010.
Changes Other than Editing from Proposed to Adopted Version: The chemical name Imazamox was substituted for the brand name of Beyond, which is the herbicide that Clearfield wheat is resistant to.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 4, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: March 31, 2010.
Dan Newhouse
Director
OTS-3041.3
AMENDATORY SECTION(Amending WSR 00-24-077, filed 12/4/00,
effective 1/4/01)
WAC 16-302-080
What will cause a seed field to be
ineligible for seed certification?
(1) A seed field is not
eligible for certification unless a field inspection is made
prior to defoliation or harvesting.
(2) ((The presence of prohibited noxious weeds or))
Prohibited noxious weeds must be controlled to prevent seed
formation. Follow-up inspections may be conducted to ensure
weed control was sufficiently carried out to prevent
prohibited noxious weed seeds from being harvested with the
seed crop. Excessive objectionable weeds may be cause for
rejection of a seed field. Excessive weeds, poor stands, lack
of vigor, or other conditions which make inspection inaccurate
may be cause for rejection. A field producing foundation or
registered seed that warrants a rejection because of noxious
weeds may be reclassified to certified blue tag class if upon
reinspection the field meets certified blue tag standards.
(3) If a seed field is rejected for certification, the grower may reapply to the certifying agency and pay a fee for reinspection after the cause for rejection is corrected, unless otherwise specified in chapter 16-302 WAC. No more than two reinspections are permitted for each field per year.
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-302-080, filed 12/4/00, effective 1/4/01.]
(2) Any crop certification standard that is based on a number per pound will be derived from a test based on the minimum weight for noxious weed seed examination as specified in the 2000 AOSA rules for that crop unless otherwise specified in rule.
(3) For species that have a high rate of inherent dormancy, it will be acceptable to use the percent of total viability instead of germination percentage for certification only. State and federal seed laws require seed be labeled on a germination test.
(4) For species or varieties that contain GMO (genetically modified organism) traits, herbicide resistant traits, or other novel traits, each seed lot may be required to meet minimum trait standards as defined by the breeder or trait owner. The variety description must define the trait. To determine the level of trait present, a test such as PCR (polymerase chain reaction) or specified bioassay test may be required.
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-302-170, filed 12/4/00, effective 1/4/01.]
(a) For field pea and chickpea (garbanzo bean) - when seed crop is in full bloom and at maturity;
(b) For lentil - when seed crop is in full bloom and at maturity;
(c) For soybean - when seed crop is in full bloom and/or of mature color;
(d) For open pollinated sorghum - when seed crop is in full bloom, and optionally again when seed crop begins to show mature color;
(e) For hybrid sorghum - two inspections during bloom and one inspection after seed begins to show mature color;
(f) For small grains - when seed crop is fully headed and of mature color;
(g) For millet - one inspection during bloom and one inspection after seed begins to show mature color; and
(h) For buckwheat - one inspection when seed crop is in full bloom.
(2) Any condition or practice which permits or causes
contamination of the seed crop, such as failure to prevent
seed formation ((in bindweeds, Canada thistle or jointed
goatgrass)) of prohibited noxious weeds, or excess weeds
including excessive objectionable or restricted noxious weeds,
or mechanical field mixing, is cause for rejection upon
inspection ((except for formation of bindweed or Canada
thistle in fields of chickpea, lentil, and field pea seed)).
Fields rejected for jointed goatgrass at first inspection are
not eligible for reinspection and must remain ineligible for
any production of certified classes of small grain seed until
a reclamation procedure, as specified in subsection (3) of
this section has been completed. Fields rejected for other
causes will remain eligible for reinspection.
(3) The jointed goatgrass reclamation procedure includes the following:
(a) Each grower must develop a reclamation plan for his/her affected fields. The plan must be based on the most current recommendations of Pacific Northwest scientists and Washington State University cooperative extension as well as good management practices. The plan may include use of certified seed, spring cropping practices, and late tilling and planting. No particular program is specified or endorsed and compliance with a program does not assure eligibility for the production of certified classes of small grain seed. Eligibility is based solely upon results of field inspections as provided in (b) through (e) of this subsection.
(b) The rehabilitation and inspection program duration is three years for irrigated land and five years for dryland without production of certified small grain seed and the first year of certified seed production thereafter.
(c) Annual inspections of the affected fields are conducted by the certifying agency during the prescribed rehabilitation period at such time that the jointed goatgrass would be most visible.
(d) Following the prescribed period of rehabilitation and during the first certified seed production year, a minimum of three field inspections are conducted by the certifying agency.
(e) If jointed goatgrass is found during any inspection as provided in (c) and (d) of this subsection, the rehabilitation program is determined unsuccessful or the field is declared ineligible and the rehabilitation and inspection program for that field must begin again at year one of the procedure.
(4) Field run lots of seed of the same variety may be commingled to facilitate storage and conditioning.
(5) No prohibited noxious weed seeds are permitted upon inspection for seed standards.
(6) Germination minimum refers to germination when sampled.
(7) If chemically controllable seed-borne diseases are noted upon inspection for field standards and seed standards for small grains, treatment of seed is required.
(8) Wild oat, isolated patches and borders must be removed or clearly marked so as to avoid harvesting with the rest of the field. If rejected, a reinspection is necessary to assure clean-up efforts are satisfactory. Spot checks are conducted on fields where heavy patches or contaminated borders were noted. Harvesting these areas with the rest of the field is cause for rejection of the entire field.
(9) The official laboratory providing seed analysis for the purpose of certification is the department.
(10) For all fields planted with varieties that contain the CLEARFIELD trait as defined in the variety description, documentation will be required to be submitted with the certification application verifying that the production field meets all production guidelines and was sprayed with the appropriate herbicide. CLEARFIELD is a trait that makes a plant resistant to the Imazamox herbicide.
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-302-560, filed 12/4/00, effective 1/4/01.]
| CLASS | LAND STANDARDS MINIMUM YEARS | ISOLATION STANDARDS MINIMUM FEET |
OFF-TYPE MAXIMUM HEAD RATIO |
FIELD STANDARDS OTHER CROP MAXIMUM HEAD RATIO |
WILD OAT MAXIMUM PLANTS/ACRE |
| Foundation | 2* | 90 same genus** 3 different genus |
None found | None found*** | None found |
| Registered | 1* | 10 same genus 3 different genus** |
1/148,000 | 1/148,000*** | 5 |
| Certified | 1* | 10 same genus 3 different genus** |
1/49,000 | 1/49,000*** | 5 |
| * | Waived if the previous crop is grown from an equal or higher certified class of seed of the same variety. |
| ** | Each rye field for certification must be isolated by three feet from fields producing a certified class of the same variety, and by six hundred sixty feet from other rye fields. Each triticale field for certification must be isolated by three feet from fields producing a certified class of the same variety, and by three hundred feet from other triticale, rye and wheat fields for foundation and registered class, and ten feet for certified class, unless otherwise stated by the plant breeder. |
| *** | Refers to other small grains, except that no rye or triticale is permitted in barley, oat, or wheat; and no vetch is permitted in barley, oat, rye, triticale, or wheat. |
For CLEARFIELD varieties: For all classes - each lot must pass the CLEARFIELD Confirm test by bioassay or PCR as defined by the trait owner. The CLEARFIELD Confirm test verifies that the seed is resistant to the Imazamox herbicide.
| Class | Foundation | Registered | Certified |
| Pure seed (min.) | 98% | 98% | 98% |
| Inert (max.) | 2% | 2% | 2% |
| off-type(*) (max.) | None found | 2/lb | 4/lb |
| Other small grain(*) (max.) |
None found |
1/lb |
2/lb |
| Other crop(**) (max.) | None found | 0.03% | 0.05% |
| Weed seed (max.) | 0.01% | 0.01% | 0.03% |
| Objectionable weed seed(***) (max.) |
None found |
None found |
1/lb |
| Wild oat (max.) | None found | None found | None found (****) |
| Viability(*****) (min.) | 85% | 85% | 85% |
| (*) | The combination of other small grain and off-type must not exceed 2/lb for registered class, and 4/lb for certified class. The tolerance for rye or triticale, is none found in barley, oat, or wheat. The tolerance for rye is none found in triticale. The tolerance for triticale is none found in rye. |
| (**) | Excluding off-type and other small grain. No vetch is allowed in small grain seed |
| (***) | Excluding wild oat. |
| (****) | 1/lb for certified class oat. |
| (*****) | A certification certificate is issued upon receipt of either an official AOSA tetrazolium or germination test which meets minimum Washington viability standards. NOTE: State and federal seed laws require seed be labeled based on a germination test. |
| Note: | For all classes the purity analysis is based on 100 grams examined. For registered and certified classes, noxious weed, vetch, off-type, and other small grain determinations are based on 500 grams examined. For foundation class, noxious weed, vetch, off-type, and other small grain determinations are based on 1000 grams examined. |
[Statutory Authority: RCW 15.49.370(3), 15.49.310 and chapter 34.05 RCW. 04-06-018, § 16-302-685, filed 2/23/04, effective 3/25/04. Statutory Authority: Chapters 15.49 and 34.05 RCW. 02-12-060, § 16-302-685, 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. 00-24-077, § 16-302-685, filed 12/4/00, effective 1/4/01.]