WSR 18-06-110

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[Filed March 7, 2018, 11:49 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 18-01-143.

Title of Rule and Other Identifying Information: Chapter 16-302 WAC, General rules for seed certification and WAC 16-303-340 Seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum and small grains. As a result of a petition for rulemaking submitted by the Washington State Crop Improvement Association (WSCIA), the department is amending the seed certification rules to better align with current farming practices, and to make housekeeping changes to increase clarity. Affected rule sections include WAC 16-302-050, 16-302-560, 16-302-660, 16-302-665, 16-302-690, and 16-303-340.

Hearing Location(s): On April 16, 2018, at 1:30 p.m., at the Washington State Department of Agriculture (WSDA), Conference Room 238, 21 North 1st Avenue, Yakima, WA 98902.

Date of Intended Adoption: April 27, 2018.

Submit Written Comments to: Henri Gonzales, Agency Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, email wsdarulescomments@agr.wa.gov, fax 360-902-2092, by April 16, 2018, at 5:00 p.m.

Assistance for Persons with Disabilities: Contact Jeff Larsen, phone 360-902-1960, fax 360-902-2085, TTY 800-833-6388, email jlarsen@agr.wa.gov, by April 9, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Under WAC 16-302-010 and its agreement with the department, WSCIA provides certification services for specific crops including: Buckwheat, chickpeas, field peas, lentils, millet, soybeans, sorghum, small grains, and forest trees. The following proposed amendments pertain only to crops inspected by WSCIA:

•	Modify the field inspection application deadline for fall planted small grains, peas and lentils from June 1 to April 1;
•	Modify the field inspection application deadline for chickpeas from June 1 to within twenty-eight days of planting;
•	Modify the field inspection application deadline for hybrid small grains from June 1 to February 1 for fall plantings and to twenty-one days after planting for spring plantings;
•	Clarify at what stage of growth chickpeas are to be inspected;
•	Reduce land history requirements and isolation standards for field peas, lentils, and chickpeas;
•	Update field pea standards to more accurately address winter food grade;
•	To allow for organic seed production, change the requirement that all chickpea seed stocks be treated with thiabendazole to treatment with any fungicide registered for control of ascochyta only if ascochyta blight is found in the crop;
•	Move chickpea inspection requirements from WAC 16-302-690 to 16-302-560 to prevent confusion with other requirements; and
•	Add language to WAC 16-303-340 to explain the WSCIA audit process and to clarify the appropriate application and assessment of final certification and production fees.

Reasons Supporting Proposal: Changing the application deadlines will allow WSCIA to more timely respond to field inspection requirements. Reducing land history requirements and isolation standards will allow growers more flexibility with regard to crop rotations without compromising genetic purity. Clarifying the stage of growth for chickpea inspections will enable WSCIA to make more accurate inspections at the appropriate stage of growth to identify certification factors. Adding language to WAC 16-303-340 to explain the WSCIA audit process will codify a current practice and make it easier to understand.

Statutory Authority for Adoption: RCW 15.49.005, [15.49].021, [15.49].310, and [15.49].370, and chapter 34.05 RCW.

Statute Being Implemented: RCW 15.49.021, [15.49].310, and [15.49].370.

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

Name of Proponent: WSCIA, private.

Name of Agency Personnel Responsible for Drafting: Jeff Larsen, 1111 Washington Street S.E., Olympia, WA 98504, 360-902-1960; Implementation and Enforcement: Victor Shaul, 21 North 1st Avenue, Suite 203, Yakima, WA 98902, 509-249-6950.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. WSDA is not a listed agency under RCW 34.05.328 (5)(a)(i).

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.

Is exempt under RCW 34.05.310 (4)(d).

Explanation of exemptions: The provisions of the proposed amendments regarding moving chickpea inspection requirements from one section to another section simply makes it easier to understand the rule and clarifying the WSCIA audit process more clearly addresses the appropriate application and assessment of final certification and production fees to reflect current practices.

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. All components of the proposed rule were analyzed, and none are expected to increase costs to businesses. The department does not anticipate that modifying field inspection application deadlines, clarifying the state of growth for chickpea inspections, or updating field pea standards to address additional winter varieties will increase costs to affected businesses. Reducing land history requirements and isolation standards for field peas, lentils, and chickpeas will positively impact growers by allowing for shorter crop rotations and more options for land availability. Modifying the requirement that all chickpea seed stocks must be treated with the fungicide Thiabenazole, to treatment only if ascochyta blight is detected will positively impact growers by allowing for the production of organic chickpea seed. In addition, a monetary cost savings is inherent in not spraying fungicides on uninfected seed stocks. The proposed rule also allows for the use of other fungicides registered to control ascochyta. Moving chickpea inspection requirements and clarifying the WSCIA audit process fall under exemptions specified in RCW 34.05.310 (4)(d).

A copy of the detailed cost calculations may be obtained by contacting Henri Gonzales, Agency Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, phone 360-902-1802, fax 360-902-2092, TTY 800-833-6388, email wsdarulescomments@agr.wa.gov.

March 7, 2018

Jason Ferrante

Assistant Director

AMENDATORY SECTION (Amending WSR 17-08-090, filed 4/5/17, effective 5/6/17)

WAC 16-302-050 Submitting an application for seed certification.

(1) Seed certification application due dates are:

(a) For seed certified by the department: Alfalfa, clover, grasses and rapeseed (seedling applications) - Within sixty days of planting. Seedling applications will not be accepted if received more than one hundred five days after planting.

(b) Hybrid canola or hybrid rapeseed - Fall plantings February 1st; Spring plantings - Twenty-one days after planting.

(d) Notification of a seedling field to be harvested for certification the same year of planting is due July 31st with the required fees.

(i) Bean - July 1st.

(ii) Corn - June 1st.

(iii) Industrial hemp - Twenty-one days after planting.

(2) For seed certified by the Washington state crop improvement association (WSCIA) seed certification application due dates are:

(a) ((Field pea, chickpea, lentil, millet, and)) Fall planted small grains (((both winter and spring varieties) - June)), peas and lentils - April 1st.

(b) Spring planted small grains, peas, lentils, and millet – June 1st.

(d) Hybrid small grains – Fall plantings February 1st; spring plantings – Twenty-one days after planting.

(e) Buckwheat and soybean - July 1st.

(((c))) (f) Sorghum - July 15th.

(((d))) (g) Forest tree seed certification - Refer to specific crop requirements in chapter 16-319 WAC.

(3) An application for seed certification must be submitted to the certifying agency each year a grower plans to produce seed for certification of annual crops (beans, peas, grain).

(4) A renewal application for seed certification must be submitted to the certifying agency after a stand is established each year that a grower plans to produce seed for certification of perennial crops (alfalfa, clover, grass). Due dates for renewal applications are as follows:

(a) Alfalfa and clover - June 15th.

(b) Grass - May 1st.

(5) Applications received after the due date are assessed a late application fee.

(6) No renewal application for seed certification may be accepted after the due date if a field inspection cannot be conducted prior to harvest except at the discretion of the certifying agency.

AMENDATORY SECTION (Amending WSR 14-20-050, filed 9/25/14, effective 10/26/14)

WAC 16-302-560 Miscellaneous field and seed inspection standards for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum, small grain seed certification.

(1) Field inspection timing for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum, small grain seed entered in the certification program are:

(a) For field pea and lentil - When seed crop is in full bloom;

(b) For chickpea (garbanzo bean) - When seed crop is mature enough to differentiate leaf type (compound or simple leaf type) ((and in)), with a second inspection occurring between full bloom and late pod stage for registered and foundation class. Certified class requires a second inspection at late pod stage if ascochyta blight is observed during the first inspection;

(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 of prohibited noxious weeds, or excess weeds including excessive objectionable or restricted noxious weeds, or mechanical field mixing, is cause for rejection upon inspection. Fields rejected for jointed goatgrass or jointed goatgrass hybrids 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 or jointed goatgrass hybrids 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 or jointed goatgrass hybrids are 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.

AMENDATORY SECTION (Amending WSR 14-20-050, filed 9/25/14, effective 10/26/14)

WAC 16-302-660 Field pea standards for seed certification.

(1) The land, isolation, and field standards for field pea seed certification are:


Class	Land Minimum Years	Isolation Minimum Feet	Off-type Maximum Plants/acre	Field Other Crop Maximum Plants/acre
Foundation	((5)) 3 (a)	((50)) 25 (b)	None found	None found (c)
Registered	((3)) 2 (a)	((50)) 10 (b)	10	None found (c)
Certified	2 (a)	((25)) 10 (b)	20	None found (c)


(a)	((Spring)) Peas also require 10 years land history with no production of Austrian winter pea for all classes.
(b)	Reduce to three feet from fields producing a certified class of the same variety. In addition, each field pea field for certification must be isolated by three feet from small grain fields. To prevent mechanical field mixing of swathed field pea seed crop, the planting of small grain between field pea fields, except for the three feet of isolation, is recommended.
(c)	((For spring peas,)) No Austrian winter pea or rye is permitted. For Austrian winter peas, no rye is permitted.

(2) Seed certification standards for field pea are:


Class	Off-type Maximum %	Pure Seed Minimum %	Inert Maximum %	Other Crop Maximum %	Weed Maximum %	Germination Minimum %
Foundation	None found	99.00	1.00	None found	None found	85
Registered	None found	99.00	1.00	None found	0.25 (b)	85
Certified	0.03	99.00	1.00	0.10 (a)	0.25 (b)	85


(a)	((For spring peas,)) No Austrian winter pea or rye is permitted. For Austrian winter peas, no rye is permitted.
(b)	((Other tolerance for)) Objectionable weed seed((:)) maximum: 1 seed per lb. registered class, 2 seeds per lb. certified class.


	((OBJECTIONABLE WEED SEED MAXIMUM
Registered	1/lb
Certified	2/1b))

AMENDATORY SECTION (Amending WSR 14-20-050, filed 9/25/14, effective 10/26/14)

WAC 16-302-665 Lentil standards for seed certification.

(1) Land, isolation, and field standards for lentil seed certification are:


Class	Land Minimum Years	Isolation Minimum Feet	Off-type Maximum Plants/acre	Field Other Crop Maximum Plants/acre
Foundation	5	((50)) 25 (a)	None found	None found
Registered	4	((50)) 10 (a)	10	10 (b)
Certified	3	((25)) 10 (a)	20	20 (b)


(a)	Reduce to three feet from fields producing a certified class of the same variety. In addition, each lentil field for certification must be isolated by three feet from small grain fields. To prevent mechanical field mixing of swathed lentil seed crop, the planting of small grain between lentil fields, except for three feet of isolation, is recommended.
(b)	Refers to barley and vetch, each.

(2) Seed certification standards for lentil are:


Class	Off Type Maximum Seeds/lb	Pure Seed Minimum %	Inert Maximum %	Other Crop Maximum %	Weed Maximum %	Germination Minimum %
Foundation	None found	99.00 (a)	1.00 (a)	None found	None found	85.00
Registered	1	99.00 (a)	1.00 (a)	0.05 (b)	0.05 (b), (c)	85.00
Certified	4	99.00 (a)	1.00 (a)	0.10 (b)	0.05 (c)	85.00


(a)	A total of three percent inert matter is allowed in samples containing decorticated seed provided total of all other inert matter does not exceed one percent.
(b)	No vetch is permitted.
(c)	((Other tolerance for)) Objectionable weed seed((:)) maximum: 1 seed per lb. registered class, 2 seeds per lb. certified class.


	((OBJECTIONABLE WEED SEED MAXIMUM
Registered	1/lb
Certified	2/lb))

AMENDATORY SECTION (Amending WSR 14-20-050, filed 9/25/14, effective 10/26/14)

WAC 16-302-690 Chickpea standards for seed certification.

(1) Land, isolation, and field standards for chickpea seed certification are:

FIELD STANDARDS


Land Requirements (a) (minimum years)		Isolation (minimum feet) (e)	Off-type (plants/acre)	Other Crop (b) (plants/acre)	Noxious (c) Weeds (plants/acre)	Ascochyta Blight (d)
Class
Foundation	((3)) 2	((50)) 25	none found	none found	((none found)) (c)	none found
Registered	((2)) 1	((50)) 10	5	none found	((none found)) (c)	none found
Certified	((2)) 1	((25)) 10	10	none found	((none found)) (c)	10 plants/acre


(a)	((Shall not have been planted to chickpeas for three years for foundation class, and two years for registered and certified class, unless)) Waived if the previous crop is ((of the same variety)) grown and passes certification field standards of ((the same)) equal or higher ((generation)) certified class of seed of the same variety.
(b)	Inseparable other crops.
(c)	Prohibited, restricted, and other weeds difficult to separate must be controlled.
(d)	None found in all classes of ((nontolerant)) varieties not tolerant to ascochyta. ((Planting seedstock must be treated with Thiabendazole (2-(4-thiazolyl) benzimidazole.))
(e)	Reduce to three feet from fields producing a certified class of the same variety. In addition, each chickpea field for certification must be isolated by three feet from small grain fields. To prevent mechanical field mixing of swathed chickpea seed crop, the planting of small grain between fields, except for three feet of isolation, is recommended.

((FIELD INSPECTION

Foundation and registered class fields must have two field inspections: One at bloom stage and one at late pod stage. Certified class fields must be inspected at bloom stage plus another at pod stage if ascochyta blight is observed during the bloom stage inspection.))

(2) Seed standards for chickpea seed certification are:

SEED STANDARDS


	Pure seed %	Inert %	Other crop	Weed seed	Germination %
Class (c)
Foundation	99	1	none found	none found	85
Registered	99	1	none found	none found	85
Certified (d)	99	1	2 seeds/lb (a)	2 seeds/lb (b)	85


(a)	None found for Austrian pea, rye, or vetch.
(b)	None found for nightshade berries or prohibited noxious weed seeds.
(c)	All classes of varieties not tolerant to ascochyta must be treated with ((Thiabendazole (2-(4-thiazolyl) benzimidazole)) a fungicide registered to control ascochyta at the labeled rate(())).
(d)	Seed from a field where ascochyta was found at inspection must be treated with a fungicide registered to control ascochyta at the labeled rate.

AMENDATORY SECTION (Amending WSR 12-19-065, filed 9/17/12, effective 10/18/12)

WAC 16-303-340 Seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum and small grains.

(1) Seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum and small grains are as follows:


(a)	Application fee per variety per grower . . . .	$25.00
(b)	Field inspection fee per acre except millet and hybrid sorghum . . . .	$3.15
(c)	Millet - First acre . . . .	$32.55
	- Each additional acre . . . .	$6.50
(d)	Hybrid sorghum - First acre . . . .	$32.55
	- Each additional acre . . . .	$13.00
(e)	Special field inspection fee per acre . . . .	$2.60
(f)	Late application fee . . . .	$50.00
(g)	((Reinspection fee)) Minimum reinspection fee for each field which did not pass field inspection plus $0.46 for each acre over twenty-five . . . .	$45.00
	((minimum for each field which did not pass field inspection plus $0.46 for each acre over twenty-five.))
(h)	Final certification fee per cwt. of clean seed sampled . . . .	$0.25
	((per cwt. of clean seed sampled, which is charged to conditioning plant, or production fee . . . .	$0.105))
(i)	Production fee per cwt. of production from fields inspected which is utilized for seed((, which is charged to the grower or the final seller prior to brokerage, retail sale, sale to plant not approved for conditioning certified seed, or transshipment out-of-state.)) . . . .	$0.105
(((i))) (j)	Sampling fee per cwt. of clean seed sampled, with minimum charge of $10.30 per sample, which is charged to conditioning plant in lieu of mechanical sampling . . . .	$0.105
	((per cwt. of clean seed sampled, with minimum charge of $10.30 per sample, which is charged to conditioning plant in lieu of mechanical sampling.))

(2) A field may be withdrawn upon notification by the applicant to the certifying agency's office before field inspection. In such case, the field inspection fee is refunded upon request until June 30 of the year following harvest.

(3) Harvest before field inspection causes forfeitures of both the application and field inspection fees, and completion of certification.

(4) Final certification or production fees shall be determined by the audit process described in subsection (5) of this section.

(5) The WSCIA audit process is as follows:

(a) Audits are conducted semiannually.

(b) Certified seed growers, distributors, and conditioning plants shall report all previously unreported retail and wholesale transactions of certified or certified-eligible seed by completing and returning the WSCIA audit form to WSCIA.

(i) For seed certified by WSCIA and utilized as seed, the conditioning plant is charged the final certification fee in subsection (1)(h) of this section;

(ii) For certified-eligible seed not certified by WSCIA but utilized as seed, the grower or final seller is charged the production fee in subsection (1)(i) of this section. "Final seller" means a seller who sells seed prior to brokerage or retail sale, sells seed to a plant not approved for conditioning certified seed, or transships seed out-of-state.