Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-06-107.

     Title of Rule and Other Identifying Information: WAC 16-302-410 Standards for sod quality seed.

     Hearing Location(s): Washington State Department of Agriculture, 21 North 1st Avenue, Yakima, WA 98902, on June 29, 2006, at 11 a.m.

     Date of Intended Adoption: July 19, 2006.

     Submit Written Comments to: Dannie McQueen, P.O. Box 42560, Olympia, WA 98504-2560, e-mail dmcqueen@agr.wa.gov, fax (360) 902-2085, by 5 p.m., on June 29, 2006.

     Assistance for Persons with Disabilities: Contact the agency receptionist by calling TTY (360) 902-1996 or (360) 902-1976.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule is to modify the current sod quality seed standards to include all Vulpia species as a prohibited contaminate in sod quality seed lots. This will have the effect of protecting producers from selling sod quality seed lots that contain a contaminate that is detrimental to turf grass production.

     Reasons Supporting Proposal: The current sod quality seed standards list rattail fescue as the only Vulpia species as a prohibited contaminate. However, there are other Vulpia species that are occurring in Washington production. If one of these other Vulpia species is found in a sod quality seed lot, the current standard is that the lot would be sod quality. However, all Vulpia species have the same detrimental impact as rattail fescue. By adopting this proposal it will prevent a seed lot from inadvertently being sold with a contaminate that is undesirable in sod production, thus providing a level of protection for Washington producers.

     Statutory Authority for Adoption: RCW 15.49.310 and chapter 34.05 RCW.

     Statute Being Implemented: RCW 15.49.310.

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

     Name of Proponent: Washington state department of agriculture (WSDA) seed program and the WSDA seed program advisory committee, public and governmental.

     Name of Agency Personnel Responsible for Drafting and Implementation: Victor Shaul, Operations Manager, Yakima, (509) 225-2630; and Enforcement: Fawad Shah, Program Manager, Yakima, (509) 225-2636.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule has no negative financial impact on producers. This rule will provide a level of protection for seed producers. Additionally, it will have the impact of increasing the value of a seed lot, allowing for trouble free marketing of Washington seed. Since this rule has no cost to the seed industry and may even allow for greater profits, a small business economic impact statement was not prepared.

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

May 23, 2006

Robert W. Gore

Assistant Director

OTS-8731.1

AMENDATORY SECTION(Amending WSR 03-18-072, filed 8/29/03, effective 9/29/03)

WAC 16-302-410   Standards for sod quality seed.   (1) Except for ryegrass sod quality seed, seed standards for sod quality grass seed are as follows:

Variety	Minimum Purity	Minimum Germination	Maximum* Other Crop	Maximum** Weed
Kentucky Bluegrass	97%	80%	0.1%	.02%
Red Fescue	98%	90%	0.1%	.02%
Chewings Fescue	98%	90%	0.1%	.02%
Tall Fescue	98%	85%	0.1%	.02%

*	Must be free of ryegrass, orchardgrass, timothy, Agrostis sp., black medic, Poa trivialis, brome, reed canarygrass, tall fescue, clover, and meadow foxtail. Maximum allowable Canada bluegrass .02%. When the base sample is one of these kinds, the species will not be considered a contaminant (i.e., tall fescue in tall fescue).
**	Must be free of Big, Canby and Sandberg bluegrass, dock, chickweed, crabgrass, plantain, short-awn foxtail, annual bluegrass, velvetgrass, ((rattail fescue)) Vulpia sp., and noxious weed seeds as listed under WAC 16-302-100 and 16-302-105.

     (2) Seed standards for sod quality ryegrass seed are as follows:

Variety	Minimum Purity	Germination****	Other Crop*	Maximum Weed***
Ryegrass**	98%	90%	0.10%	.02%

*	Must be free of black medic, orchardgrass, timothy, Agrostis sp., Poa trivialis, brome, reed canarygrass, tall fescue, clover and meadow foxtail. Maximum allowable Canada bluegrass 0.02%.
**	Maximum fluorescence levels as determined by breeder or variety owner.
***	Must be free of Big, Canby and Sandberg bluegrass, ((rattail fescue,)) dock, chickweed, crabgrass, plantain, annual bluegrass, velvetgrass, Vulpia sp., short-awn foxtail, and noxious weed seeds as listed under WAC 16-302-100 and 16-302-105. An additional 0.07% of weedy Bromus spp. will be allowed.
****	85% minimum germination allowed on ryegrass varieties as designated by the breeder or variety owner. See list maintained by the seed program.

     (3) A sod seed analysis certificate is the basis of determining if a lot meets sod quality standards. This certificate is issued by the certifying agency and represents a purity analysis, a twenty-five gram noxious all weed all crop exam and a germination test, except a 50-gram noxious all weed all crop exam is required for fescues and ryegrass.

     (4) In addition to a seed certification tag, seed meeting sod quality certified seed standards will be tagged with a special "sod quality seed" tag.

[Statutory Authority: Chapters 15.49 and 34.05 RCW. 03-18-072, § 16-302-410, filed 8/29/03, effective 9/29/03; 02-12-060, § 16-302-410, 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, § 16-302-410, filed 12/4/00, effective 1/4/01.]

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