WSR 00-19-100

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed September 20, 2000, 11:18 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-12-008.

Title of Rule: Chapter 16-301 WAC, General seed regulations; chapter 16-302 WAC, General rules for seed certification; and chapter 16-303 WAC, Seed assessment, fees for seed services and seed certification.

Purpose: This rule provides general regulations for the seed program at the Department of Agriculture. As required by the governor's executive order on regulatory improvement and agency policy, the proposed rule is updated and rewritten in a clear and usable format. Existing chapters of rules will be repealed and the significant language in those chapters is revised into three new proposed chapters of rules for the seed program (chapters 16-301, 16-302, and 16-303 WAC).

Statutory Authority for Adoption: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3).

Statute Being Implemented: Chapters 15.49, 17.24 RCW.

Summary: These three new chapters will reorganize and update nine chapters currently used by the WSDA seed program, incorporating clear and readable rules formatting. These rules provide for uniformity and consistency in the packaging and distribution of agricultural, vegetable and flower seeds.

Reasons Supporting Proposal: Current rules affecting the seed program are found in nine separate chapters of rule. This proposal combines the essence of those rules into three rule chapters and updates the language into a clear and usable format reflecting the standards and practices that must be met within the industry.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Graydon Robinson, 21 North First Avenue, Suite 203, Yakima, WA 98902, (509) 225-2630.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This rule revision was developed in conjunction with an industry advisory board prior to publication in the register.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rules adopt requirements under the general seed regulations that include: Labeling, sampling, arbitration, phytosanitary field inspections, quarantines for annual and rough bluegrass and bean seed and bean seed-borne viral diseases. The process for certifying seed for sowing purposes under general rules for seed certification, along with the Washington state's certification standards, is more clearly defined. The new section on fees organizes all fees into one chapter, making the fees for service more easily accessed and readable. No fees have been changed through this reorganization. The new rules consolidate the essential requirements of the general regulations, rules for seed certification and the schedule of fees into a clear and usable format under three separate chapters.

The purpose of this rewrite is to coordinate with industry representatives in updating rules to reflect current industry practices and regulatory requirements. This also meets the intent of the Governor's Executive Order 97-02 requiring all state agencies to thoroughly review each rule to ensure they are written in a clear and readable format.

Anticipated effects will be minimal, as the revised format clarifies the responsibility and duties of the program and will help facilitate the marketing of Washington grown seed in national and international markets.

Proposal Changes the Following Existing Rules: Chapters 16-300, 16-304, 16-313, 16-316, 16-317, 16-318, 16-493, 16-494 and 16-495 WAC, are being repealed. The information in those chapters are being consolidated into three new chapters providing clarity to existing language for the benefit of the entire seed industry. See below for a description of changes and modifications agreed upon by the Seed Program Rules Review Committee.


Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 00-20 issue of the Register.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 00-20 issue of the Register.

A copy of the statement may be obtained by writing to Washington State Department of Agriculture, Seed Program, Graydon Robinson, Program Manager, 21 North First Avenue, Suite 203, Yakima, WA 98902, phone (509) 225-2630, fax (509) 454-4395, e-mail Seed@agr.wa.gov.

Section 201, chapter 403, Laws of 1995, applies to this rule adoption. The Department of Agriculture is not a named agency under section 201.

Hearing Location: Washington State Department of Agriculture, Yakima Facility, 21 North First Avenue, Conference Room 238, Yakima, WA 98902, on November 8, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Lou Jones by October 10, 2000, TDD (360) 902-1996, or (360) 902-1806.

Submit Written Comments to: Washington State Department of Agriculture, Seed Program, Graydon Robinson, Program Manager, 21 North First Avenue, Suite 203, Yakima, WA 98902, fax (509) 454-4395, by November 8, 2000.

Date of Intended Adoption: November 30, 2000.

September 19, 2000

Robert W. Gore

Assistant Director

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 00-20 issue of the Register.

Washington State Code Reviser's Office