WSR 97-11-050

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[Filed May 20, 1997, 10:45 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 96-24-086.

Title of Rule: Seed certification fees and standards.

Purpose: Response to industry request to increase seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum, and small grains, and to clarify wording in the field and seed standards for small grains.

Statutory Authority for Adoption: RCW 15.49.310 and 15.49.370(3).

Statute Being Implemented: Chapter 15.49 RCW.

Summary: Proposal increases seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum, and small grains, and clarifies wording in the field and seed standards for small grains.

Reasons Supporting Proposal: The fee increases will reflect current costs of operating the portion of the seed certification program delegated by the director to the Washington State Crop Improvement Association. Wording clarifications would increase understanding of the small grains standards by growers and seed conditioners.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Doug Boze, Yakima, Washington, (509) 575-2750.

Name of Proponent: Washington State Department of Agriculture and Washington State Crop Improvement Association, private and governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposal is in response to industry request to increase seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum, and small grains; and clarifies wording in the field and seed standards for small grains. This fee increase reflects current operating costs of the portion of the seed certification program delegated by the director to the Washington State Crop Improvement Association.

Proposal Changes the Following Existing Rules: Increases seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum, and small grains; and clarifies wording in the field and seed standards for small grains.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The fees in question are for services provided by the Washington State Crop Improvement Association (WSCIA), a nonprofit organization, through a memorandum of agreement with the Washington State Department of Agriculture. This working relationship was established in the early 1950's and has been in effect continuously. WSCIA operates as an independent entity, and must retain the ability to adjust their fees to reflect changes in operating expenses, in order to remain in business.

Participation in the seed certification program in Washington is not required by the State Seed Act or any regulation. The fees are for inspection services provided that are entirely voluntary, in that it is possible to grow, condition, and market quality seeds that are not included in the seed certification program.

This proposal does not place a disproportionate impact on small business. All members of the seed trade who choose to participate in seed certification meet the definition of small business. Also, all growers and conditioners pay the same rate per acre or cwt., regardless of the size of the business.

This fee increase is at the request of the seed industry through its primary organizations: The Washington-North Idaho Seed Association, the Washington Seed Council, and the WSCIA board of directors.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.

Hearing Location: Agriculture Service Center Conference Room, 2015 South 1st Street, Yakima, WA 98903, on June 26, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Cathy Jensen by June 26, 1997, TDD (360) 902-1996.

Submit Written Comments to: Doug Boze, Acting Program Manager, Washington State Department of Agriculture, Seed Program, 2015 South 1st Street, MS-3, Yakima, WA 98903, FAX (509) 454-4395, by June 26, 1997.

Date of Intended Adoption: July 28, 1997.

May 19, 1997

Julie Sandberg

Assistant Director

[AMENDATORY SECTION (Amending WSR 96-14-091, filed 7/2/96)]

WAC 16-316-474 Buckwheat--Chickpea--Field pea--Lentil--Millet--Soybean--Sorghum--Small grain--Application and fees. (1) An application for seed certification with application fee, field inspection fee, and late application fee (if due) for each field shall be filed by or for each grower with Washington State Crop Improvement Association, Inc., the certifying agency for seeds of buckwheat, chickpea (garbanzo beans), field pea, lentil, millet, soybean, sorghum and small grains.

(2) Due dates:

(a) Buckwheat - June 1

(b) Field pea - June 1

(c) Chickpea - June 1

(d) Lentil - June 1

(e) Millet - June 1

(f) Soybean - July 1

(g) Sorghum - July 15

(h) Small grains - June 1 for both winter varieties and spring varieties.

(i) After due date, an application with late application fee may be accepted for service.

(3) Fees:

(a) Application fee per variety per grower (($17.56))

$18.27

(b) Field inspection fee per acre

except millet and hybrid sorghum (($ 2.46))

$ 2.55

(c) Millet - first acre (($26.11))

$27.16

- each additional acre (($ 5.22))

$ 5.43

(d) Hybrid sorghum - first acre (($26.11))

$27.16

- each additional acre (($10.44))

$10.86

(e) Special field inspection fee per acre (($ 2.19))

$ 2.27

(f) Late application fee (($16.46))

$17.12

(g) Reinspection fee (($32.93))

$34.26

minimum for each field which did not pass field inspection plus $ 0.40 for each acre over twenty-five. The reinspection fee for isolation requirements only for a field of any size is (($32.93)) $34.26

(h) Final certification fee (($ 0.215))

$ 0.22

per cwt. of clean seed sampled, which shall be charged to conditioning plant, or production fee $0.105

per cwt. of production from fields inspected which is utilized for seed, which shall be 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.

(i) Sampling fee $0.105

per cwt. of clean seed sampled, with minimum charge of ten dollars per sample, which shall be charged to conditioning plant in lieu of mechanical sampling.

(4) 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 shall be refunded upon request until June 30 of the year following harvest.

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

[Statutory Authority: RCW 15.49.310. 96-14-091, 16-316-474, filed 7/2/96, effective 8/2/96. Statutory Authority: RCW 15.49.310 and 15.49.370(3). 95-22-037 (Order 5087), 16-316-474, filed 10/25/95, effective 11/25/95. Statutory Authority: Chapter 15.49 RCW. 94-12-046 (Order 5045), 16-316-474, filed 5/27/94, effective 6/27/94; 93-24-043 (Order 5019), 16-316-474, filed 11/23/93, effective 12/24/93; 92-13-027 (Order 2093), 16-316-474, filed 6/9/92, effective 7/10/92; 90-12-098 (Order 2041), 16-316-474, filed 6/5/90, effective 7/6/90; 89-11-078 (Order 2005), 16-316-474, filed 5/22/89; 85-11-004 (Order 1851), 16-316-474, filed 5/2/85. Statutory Authority: RCW 15.49.310, 15.49.370 and 15.49.400. 83-11-031 (Order 1798), 16-316-474, filed 5/16/83. Statutory Authority: Chapter 15.49 RCW. 81-15-032 (Order 1744), 16-316-474, filed 7/10/81; 78-03-110 (Order 1563), 16-316-474, filed 3/1/78, effective 4/1/78; Order 1458, 16-316-474, filed 5/13/76; Order 1366, 16-316-474, filed 6/12/74; Order 1312, 16-316-474, filed 4/24/73; Order 1254, 16-316-474, filed 4/13/72, effective 5/14/72.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

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.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

[Open Style:Columns Off]

[AMENDATORY SECTION (Amending WSR 96-14-091, filed 7/2/96)]

WAC 16-316-724 Small grain standards. (1) Small grains (barley, oat, rye, triticale, wheat) - land, isolation, and field standards:

Land Isolation Field Standards

Standards Standards Off-Type Other Crop Wild Oat

Class Minimum Minimum Maximum Maximum Maximum

Years Feet Head Ratio Head Ratio Plants/Acre

Foundation 2* 3** None found None found*** None found

Registered 1* 3** 1/148,000 1/148,000*** (5)

Certified 1* 3** 1/49,000 1/49,000*** (5)

* Waived if the previous crop was grown from an equal or higher certified class of seed of the same variety.

** Refers to distance from other small grain fields. Foundation class fields shall be isolated ninety feet from fields of the same ((species)) genus. In addition, each rye field for certification shall be isolated from fields producing a certified class of the same variety by three feet, and from other rye fields by six hundred sixty feet. Each triticale field for certification shall be isolated from fields producing a certified class of the same variety by three feet, and from other triticale, rye and wheat fields by three hundred feet for foundation and registered class, and three feet for certified class, unless otherwise stated by plant breeder.

*** Refers to other small grains, except that no rye or triticale is permitted in barley, oat, or wheat; no vetch is permitted.



(2) Small grains - seed standards:

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(****)

((Germ or TZ))

Viability (*****) (min) 85% 85% 85%

(*) The combination of other small grain and off-type shall not exceed 2/lb for Registered class, and 4/lb for Certified class. No rye, triticale, or vetch is permitted in barley, oat, or wheat. No rye or vetch is permitted in triticale. No triticale or vetch is permitted in rye.

(**) Excluding off-type and other small grain.

(***) Excluding wild oat.

(****) 1/lb for Certified class oat.

(*****) A certification certificate will be 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 to be labeled based on a germination test.

Note: For all classes the purity analysis shall be based on 100 grams examined. For Registered and Certified classes, noxious weed, vetch, off-type, and other small grain, determinations shall be based on 500 grams examined. For Foundation class, noxious weed, vetch, off-type, and other small grain determinations shall be based on two pounds examined.



[Statutory Authority: RCW 15.49.310. 96-14-091, 16-316-724, filed 7/2/96, effective 8/2/96. Statutory Authority: Chapter 15.49 RCW. 93-24-043 (Order 5019), 16-316-724, filed 11/23/93, effective 12/24/93; 90-12-098 (Order 2041), 16-316-724, filed 6/5/90, effective 7/6/90; 88-11-042 (Order 1976), 16-316-724, filed 5/13/88; 87-15-030 (Order 1941), 16-316-724, filed 7/10/87; 85-11-004 (Order 1851), 16-316-724, filed 5/2/85; 81-15-032 (Order 1744), 16-316-724, filed 7/10/81.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

[Open Style:Columns On]

[AMENDATORY SECTION (Amending Order 5086, filed 10/25/95)]

WAC 16-316-715 Miscellaneous field and seed inspection standards. (1) The field inspection will be made:

(a) For field pea and chickpea (garbanzo bean) - when seedcrop is in full bloom and at maturity;

(b) For lentil - when seedcrop is in full bloom and at maturity;

(c) For soybean - when seedcrop is in full bloom and/or of mature color;

(d) For open pollinated sorghum - when seedcrop is in full bloom, and optionally again when seedcrop 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 seedcrop is fully headed and of mature color.

(g) For millet - one inspection during bloom and one inspection after seed begins to show mature color.

(h) For buckwheat - one inspection when seedcrop is in full bloom.

(2) Any condition or practice which permits or causes contamination of the seedcrop, such as failure to prevent seed formation in bindweeds, Canada thistle or jointed goatgrass, or excess weeds, or mechanical field mixing, shall be cause for rejection upon inspection for field standards. Fields rejected for jointed goatgrass at first inspection are not eligible for reinspection and shall 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 shall include the following:

(a) Each grower shall develop a reclamation plan for his/her affected fields. Such a plan shall be based on the most current recommendations of Pacific Northwest scientists and Washington State University cooperative extension as well as good management practices. Such 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 such program does not assure eligibility for the production of certified classes of small grain seed. Such eligibility shall be based solely upon results of field inspections as provided in (b) through (e) of this subsection.

(b) The rehabilitation and inspection program duration shall be 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 shall be conducted by the Washington State Crop Improvement Association (WSCIA) 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 shall be conducted by WSCIA.

(e) Should jointed goatgrass be found during any inspection as provided in (c) and (d) of this subsection, the rehabilitation program shall be determined to be unsuccessful or the field shall be declared ineligible and the rehabilitation and inspection program for that field shall begin again at year one of the procedure.

(4) No prohibited noxious weed seeds are permitted upon inspection for seed standards.

(5) Germination minimum refers to germination when sampled.

(6) If chemically controllable seed-borne diseases are noted upon inspection for field standards and seed standards for small grains, treatment of seed is required.

(7) Concerning 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 will be necessary to assure clean-up efforts have been satisfactory. Spot checks will occur on fields where heavy patches or contaminated borders were noted. Harvesting these areas with the rest of the field will be cause for rejection of the entire field.

(8) The official laboratory providing seed analysis for the purpose of certification shall be the Washington State Department of Agriculture.)

[Statutory Authority: RCW 15.49.005, 15.49.310 and 15.49.370 (3) and (4). 95-22-036 (Order 5086), 16-316-715, filed 10/25/95, effective 11/25/95. Statutory Authority: Chapter 15.49 RCW. 93-24-043 (Order 5019), 16-316-715, filed 11/23/93, effective 12/24/93; 92-13-027 (Order 2093), 16-316-715, filed 6/9/92, effective 7/10/92; 91-14-001 (Order 2089), 16-316-715, filed 6/20/91, effective 7/21/91; 90-12-098 (Order 2041), 16-316-715, filed 6/5/90, effective 7/6/90; 84-13-041 (Order 1831), 16-316-715, filed 6/15/84; 81-15-032 (Order 1744), 16-316-715, filed 7/10/81; 80-06-113 (Order 1696), 16-316-715, filed 5/30/80; Order 1464, 16-316-715, filed 5/13/76; Order 1368, 16-316-715, filed 6/12/74; Order 1311, 16-316-715, filed 4/24/73; Order 1258, 16-316-715, filed 4/13/72, effective 5/14/72; Order 1188, 16-316-715, filed 4/16/71.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

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.

Legislature Code Reviser

Register

Washington State Code Reviser's Office