PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-12-008.
Title of Rule: WAC 16-316-145 Agency power to refuse certification.
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: 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. A proposal filed by the department 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. This filing repeals a section omitted on filing of the CR-102, WSR 00-19-100.
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 department intends to 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 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: Repeals WAC 16-316-145 Agency power to refuse certification.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement was filed with the department's proposal to consolidate and rewrite the seed rules, filing WSR 00-19-100. For information or a copy of the statement related to that filing, contact 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, does not apply 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 9, 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 9, 2000.
Date of Intended Adoption: November 30, 2000.
September 29, 2000
Robert W. Gore
Assistant Director
| WAC 16-316-145 | Agency power to refuse certification |
Reviser's note: The repealer above appears as filed by the agency pursuant to RCW 34.08.040; however, the reference to chapter is probably intended to be section.