WSR 98-09-101

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[Filed April 22, 1998, 10:15 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-06-093.

Title of Rule: Seed certification 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 add and delete eligible varieties.

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 adds and deletes eligible varieties.

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.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Graydon Robinson, Washington State Department of Agriculture, Seed Program, 2015 South 1st Street, Yakima, (509) 575-2750.

Name of Proponent: Washington State Department of Agriculture, 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. The fee increases reflect the operating costs of the portion of the seed certification program delegated by the director to the Washington State Crop Improvement Association. The proposal also, at industry request, adds and deletes eligible varieties.

Proposal Changes the Following Existing Rules: Increases seed certification fees and adds and deletes eligible varieties.

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 conditions 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: Department of Agriculture, 2015 South First Street, Yakima, WA, on May 26, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Cathy Jensen by May 22, 1998, TDD (360) 902-1996.

Submit Written Comments to: Graydon Robinson, Program Manager, Washington State Department of Agriculture, Seed Program, 2015 South First Street, Yakima, WA 98903, FAX (509) 454-4395, by May 26, 1998, 5:00 p.m.

Date of Intended Adoption: May 27, 1998.

April 22, 1998

Julie C. Sandberg

Assistant Director

OTS-2108.3

AMENDATORY SECTION (Amending WSR 97-16-026, filed 7/29/97, effective 8/29/97)



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 . . . (($18.27)) $19.03
(b) Field inspection fee per acre

except millet and hybrid sorghum . . . (($ 2.55)) $ 2.65

(c) Millet - first acre . . . (($27.16)) $28.29
- each additional acre . . . (($ 5.43)) $ 5.65
(d) Hybrid sorghum - first acre . . . (($27.16)) $28.29
- each additional acre . . . (($10.86)) $11.31
(e) Special field inspection fee per acre . . . (($ 2.27)) $ 2.36
(f) Late application fee . . . (($17.12)) $17.83
(g) Reinspection fee . . . (($34.26)) $35.69
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 (($34.26)) $35.69.
(h) Final certification fee . . . (($ 0.22)) $ 0.225

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 and 15.49.370(3). 97-16-026, 16-316-474, filed 7/29/97, effective 8/29/97. 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.]



AMENDATORY SECTION (Amending Order 5086, filed 10/25/95, effective 11/25/95)



WAC 16-316-525  Buckwheat--Chickpea--Field pea--Lentil--Millet--Soybean--Sorghum--Small grain--Eligible variety and stock seed.



Kind Variety
Barley, spring ((Belford, Camelot (P), Columbia (P), Colter, Cougbar, Crest, Crystal, Exel, Gallatin, Harrington, Klages, Horsford, Maranna, Medallion (P), Menuet (P), Melody (P), Meltan (P), Morex, Nancy (P), Russell, Steptoe, Baronesse (P), WestBred Gustoe (P), WestBred Sprinter (P), Whitford (P))) Bancroft, Baronesse (P), Bear, Belford, Camelot (P), Chinook, Colter, Columbia (P), Crest, Gallatin, Garnet, Germain's 96 (P), Harrington, Lewis, Maranna, Melody (P), Meltan (P), Micah, Morex, Steptoe, Washford, WB Nebula (P), WestBred Gustoe (P), Westford (P)
Chickpea Dwelley, Evans, Myles, Sanford, Sara
Barley, winter Boyer, Eight-Twelve, Hesk, Hoody, Hundred, Kamiak, Kold, Scio, Showin
Buckwheat, spring Mancan, Manor((, Mancan))
Field pea ((Alaska 81, Garfield, Latah, Umatilla)) Aladin, Alaska 81, Astina, Croma, Delta, Espace, Fallon, Joel, Karita, Phantom, Shawnee, Swing, Umatilla
Lentil Brewer, Crimson, Mason, Red Chief
Oat, spring Cayuse, Celsia, Magnum (P), Monida, Otana, Park((,))
Rye, winter Puma, Rymin
Wheat, spring ((Alpowa, Butte 86, Calorwa, Centenial, Dirkwin, Edwall, Klasic (P), Nomad (P), Penawawa, Spillman, Treasure, Wadual, Wadual 94, Wakanz, Wampum, Wawawai, WestBred 906R (P), WestBred 926 (P), WestBred 936 (P), WestBred Express (P), WestBred Sprite, WestBred Vanna (P), Yecora Rojo))Alpowa, Butte 86, Calorwa, Cavalier (P), Centenial, Edwall, ID3775, Klasic (P), Kulm, ML455 (P), Nomad (P), Penawawa, Pomerelle, Skagit (P), Spillman, Sunstar 50-30 (P), Treasure, Wadual, Wadual 94, Wakanz, Wawawai, WestBred 906R (P), WestBred 926 (P), WestBred 936 (P), WestBred Express (P), WestBred Sprite, WestBred Vanna (P), Whitebird, Yecora Rojo
Wheat, winter ((Andrews, Banner (P), Basin (P), Batum, Blizzard, Buchanan, Cashup (P), Daws, Durheim's Pride (P), Eltan, Gene, Hatton, Hill-81, Hoff, Hyak, John, Kmor, Lewjain, MacVicar, Madsen, Malcolm, Meridian, Moro, Nugaines, Quantum 542 (P), Rely, Rod, Rohde, Sprague, Stephens, Tres, Weston)) Andrews, Banner (P), Basin (P), Batum, Blizzard, Bonneville, Buchanan, BZ-470, Cashup (P), Coda, Daws, Durheim's Pride (P), Eltan, Finley, Gene, Hatton, Hill-81, Hiller, Hoff, Hyak, John, Lambert, Lewjain, MacVicar, Madsen, Malcolm, Meridian, Moro, Nugaines, Quantum 542 (P), Rely, Rod, Sprague, Stephens, Survivor, Symphony (P)
Triticale, spring ((Juan, Victoria,)) Grace, Trical 2700 (P), Victoria
Triticale, winter Celia, ((Flora,)) Stan I (P), Trical 102 (P), Trical 6600 (P), Trical Jenkins (P), ((Trical 102 (P),)) Trical Stan II (P), Trical XTO-65 (P)((, Whitman))
Wheat, Durum,

Spring



Bravadur, Duraking, Durex, Kronos, Reva, Ria, Rich
Wheat, Durum, Winter

OR 3920036
(P) means proprietary

The eligibility of other varieties may be approved by the certifying agency.

Foundation seed is eligible to produce registered seed or certified seed.

Registered seed is eligible to produce certified seed.

Certified seed is not eligible for recertification.



[Statutory Authority: RCW 15.49.005, 15.49.310 and 15.49.370 (3) and (4). 95-22-036 (Order 5086), 16-316-525, filed 10/25/95, effective 11/25/95. Statutory Authority: Chapter 15.49 RCW. 93-24-043 (Order 5019), 16-316-525, filed 11/23/93, effective 12/24/93; 92-13-027 (Order 2093), 16-316-525, filed 6/9/92, effective 7/10/92; 90-12-098(Order 2041), 16-316-525, filed 6/5/90, effective 7/6/90; 89-11-078 (Order 2005), 16-316-525, filed 5/22/89; 88-11-042(Order 1976), 16-316-525, filed 5/13/88; 87-15-030 (Order 1941), 16-316-525, filed 7/10/87; 86-13-014 (Order 1889), 16-316-525, filed 6/9/86; 80-06-106(Order 1694), 16-316-525, filed 5/30/80; 79-09-095 (Order 1646), 16-316-525,filed 8/31/79; 79-05-056 (Order 1622), 16-316-525, filed 4/30/79; 78-03-113(Order 1562), 16-316-525, filed 3/1/78, effective 4/1/78; Order 1493, 16-316-525, filed 3/31/77; Order 1459, 16-316-525, filed 5/13/76; Order 1415, 16-316-525, filed 8/15/75; Order 1367, 16-316-525, filed 6/12/74; Order 1313, 16-316-525, filed 4/24/73; Order 1255, 16-316-525, filed 4/13/72, effective 5/14/72; Order 1185, 16-316-525, filed 4/16/71.]

Legislature Code Reviser

Register

Washington State Code Reviser's Office