BILL REQ. #:  H-1458.1 

Read first time 01/31/2007.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to Brassica seed production; adding a new chapter to Title 15 RCW; repealing RCW 15.65.055 and 15.66.025; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   LEGISLATIVE FINDINGS AND PURPOSE. The legislature finds that the growing, production, or formation of seed from plants of the genus Brassica for the purpose of producing seed, oil, biofuel or associated byproducts, commercial vegetables, forage, or cover crops is in the interest of the public welfare. The legislature finds that species, hybrids, varieties, and variations of plants of the genus Brassica have potential to form genetic crosses, particularly when they are grown in geographic proximity, and will, if not properly regulated, result in significant loss of quality, purity, and value in the seed produced.
     The legislature finds that production of biofuel using Brassica seed crops, generally known as canola or rapeseed, can help citizens and businesses conserve energy and reduce the use of petroleum-based fuels, improve air and water quality, and create new industries and jobs for Washington citizens. The legislature also finds that Washington state offers conditions uniquely suited to the production of high quality, high value Brassica vegetable seed, and that the vegetable seed industry is a significant contributor to the diversity and economic viability of the agricultural community.
     The purpose of this act is to provide for the orderly production of potentially incompatible varieties of Brassica seed crops.

NEW SECTION.  Sec. 2   DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Brassica" means any plants in the genus Brassica.
     (2) "Brassica seed crop" means any commercial production of any species, hybrid, or variety of the genus Brassica that results in pollen or seed formation. Brassica seed crop includes, but is not limited to, Brassica seeds grown for planting, and species generally known as rapeseed or canola, including Brassica napus, Brassica rapa, and Brassica juncea, grown for oil or biofuel and associated byproducts. For purposes of this chapter, forage and cover crops from the genus Brassica are considered Brassica seed crops. Plants from the genus Brassica grown as vegetables for human or animal consumption such as cabbage, broccoli, rutabaga, and kohlrabi are not Brassica seed crops as long as they are not allowed to produce pollen or seed.
     (3) "Department" means the state department of agriculture.
     (4) "Director" means the director of the department or the director's authorized representative.
     (5) "Grower" means a person who grows a Brassica seed crop within a Brassica seed production district or, for purposes of section 3 of this act, within a proposed Brassica seed production district.
     (6) "Processor" means a person who commercially uses, sells, or processes a Brassica seed crop grown within a Brassica seed production district or, for purposes of section 3 of this act, within a proposed Brassica seed production district.
     (7) "Volunteer and weed Brassica plants" means plants of the genus Brassica that arise from accidental or unintentional scattering or occurrence of seed.

NEW SECTION.  Sec. 3   BRASSICA SEED PRODUCTION DISTRICTS--GROWER'S PETITION--RULES. Any grower or processor of a Brassica seed crop may submit a petition to the director requesting establishment of a Brassica seed production district. The petition must include proposed geographic boundaries of the district and the proposed types of regulations for designated Brassica seed crop species within the district. The petition must contain the signatures of at least ten growers or processors of affected Brassica seed crops grown within the boundaries of the proposed Brassica seed production district. If there are fewer than ten growers or processors of affected Brassica seed crops grown within the boundaries of the proposed district, then the applicant may submit a list of names and contact information for all Brassica seed crop growers and processors within the proposed district and a petition signed by at least fifty percent of these persons. In response to the petition, the director may adopt rules to establish Brassica seed production districts.

NEW SECTION.  Sec. 4   BRASSICA PRODUCTION AGREEMENTS. (1) Any person who wishes to conduct an activity otherwise prohibited within a Brassica seed production district must first enter into a Brassica production agreement with the director. Each Brassica production agreement shall be developed by the applicant and the director in consultation with an advisory committee comprised of at least three individuals appointed by the director, none of whom shall have a financial interest in the request for agreement or its outcome and at least one of whom shall be a grower in or processor of Brassica seed crops grown within the Brassica seed production district. The director shall not enter into any Brassica production agreement unless the director, in the exercise of his or her discretion, is satisfied that the agreement contains terms and conditions that are necessary and sufficient to mitigate reasonably possible risks to the economic well-being of growers within the Brassica seed production district from the proposed activity.
     (2) The applicant or any grower or processor of a Brassica seed crop grown within the Brassica seed production district that would be affected by the Brassica production agreement may appeal, under RCW 34.05.570(4), the director's decision whether or not to enter into a Brassica production agreement. Any such appeal must be filed in the superior court of Thurston county or the county in which the activity to be allowed under the Brassica production agreement would occur.

NEW SECTION.  Sec. 5   RULES. The director may adopt rules necessary to carry out the purpose and provisions of this chapter concerning, but not limited to:
     (1) Brassica seed production districts;
     (2) Notification of a designated central clearinghouse for growers to report their intention to plant a Brassica seed crop within a Brassica seed production district;
     (3) Isolation distances between Brassica seed crops within a Brassica seed production district;
     (4) Exclusion of designated Brassica seed crops within a Brassica seed production district, except under terms of a Brassica production agreement;
     (5) Control of volunteer and weed Brassica plants within a Brassica seed production district; and
     (6) Brassica production agreements.

NEW SECTION.  Sec. 6   VIOLATION OR THREATENED VIOLATION OF CHAPTER--ACTION TO ENJOIN. The director or any grower or processor of a Brassica seed crop grown within a Brassica seed production district may bring an action to enjoin the violation or threatened violation of any provision of this chapter or its rules, or any Brassica production agreement entered into by an applicant and the director, in the superior court of Thurston county or the county in which the violation or threatened violation occurs or is about to occur.

NEW SECTION.  Sec. 7   APPLICATION OF CHAPTER 34.05 RCW. Chapter 34.05 RCW governs the rights, remedies, and procedures respecting the administration of this chapter, including rule making.

NEW SECTION.  Sec. 8   Captions used in this act are not any part of the law.

NEW SECTION.  Sec. 9   The following acts or parts of acts are each repealed:
     (1) RCW 15.65.055 (Regulatory authority on the production of rapeseed by variety and location) and 1986 c 203 s 21; and
     (2) RCW 15.66.025 (Regulatory authority on the production of rapeseed by variety and location) and 1986 c 203 s 22.

NEW SECTION.  Sec. 10   Sections 1 through 8 of this act constitute a new chapter in Title 15 RCW.

NEW SECTION.  Sec. 11   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.