Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-05-083.

     Title of Rule: WAC 16-301-025 Special requirements for labeling of vegetable and flower seed as prepared for use in the home, 16-301-050 Restricted noxious weeds, 16-302-091 What is the program for early sampling of ryegrass, 16-302-125 Who may condition seed in Washington state, 16-302-250 Definitions, 16-302-260 Field tolerances and [no further information supplied by agency].

     Purpose: To make housekeeping corrections and changes clarifying the rules and make them easier to read without changing their intent. Also, noxious weeds need to be added to the list in WAC 16-301-045 Prohibited noxious weed seeds. These weeds were inadvertently deleted from the list when the section was amended in December of 2000.

     Statutory Authority for Adoption: Chapter 34.05 RCW and RCW 15.49.370(3).

     Statute Being Implemented: RCW 15.49.370(3).

     Summary: The proposed amendments simply make housekeeping corrections and clarifying changes in the rule sections listed above. None of the proposed changes change the effect of the rule.

     Reasons Supporting Proposal: The proposed amendments increase the accuracy and clarity of the listed rule sections.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Graydon Robinson, Program Manager, Yakima, (509) 225-2636.

     Name of Proponent: Washington State Department of Agriculture, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: Housekeeping changes to the following rules: WAC 16-301-025 Special requirements for labeling of vegetable an flower seed as prepared for use in the home, 16-301-050 Restricted noxious weeds, 16-302-091 What is the program for early sampling of ryegrass, 16-302-125 Who may condition seed in Washington state, 16-302-250 Definitions, 16-302-260 Field tolerances and requirements for bean seed certification, 16-302-330 Field isolation requirements for grass seed, 16-302-385 Grass seed standards for certification, 16-302-390 Inspection and final grass seed certification fees -- Options, 16-302-410 Standards for sod quality seed, 16-302-435 Sudangrass lot standards for certification, 16-302-490 Seed standards for rapeseed certification, 16-302-545 Seed standards for white clover and trefoil seed certification, 16-302-685 Small grain standards for seed certification, and 16-303-250 Miscellaneous charges for seed certification.

     In addition, noxious weeds need to be added to WAC 16-301-045 Prohibited noxious weed seeds, which were inadvertently deleted from the list when the section was amended in December of 2000.

     Proposal does not change existing rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendments have no fiscal impact upon the businesses regulated by these rules. The proposed amendments are housekeeping in nature.

     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 RCW 34.05.328 (5)(a)(i).

     Hearing Location: Washington State Department of Agriculture, 21 North First Avenue, Conference Room 238A, Yakima, WA 98902, on May 22, 2002, at 1:00 p.m.

     Assistance for Persons with Disabilities: Contact Laurie Crose by May 20, 2002, TDD (360) 902-1996, or (360) 902-1976.

     Submit Written Comments to: George Huffman, Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2085, by May 22, 2002.

     Date of Intended Adoption: May 30, 2002.

April 11, 2002

Robert W. Gore

Assistant Director

OTS-5559.2

AMENDATORY SECTION(Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)

WAC 16-301-025   Special requirements for labeling of vegetable and flower seed as prepared for use in the home.   In addition to the information required on the label in WAC 16-301-015, the following requirements also apply to vegetable and flower seed as prepared for use in home:

     (1) Vegetable seeds in packets or preplanted devices - labeling for vegetable seeds in packets as prepared for use in home gardens or household plantings or vegetable seeds in preplanted containers, mats, tapes, or other planting devices must include the following information:

     (a) The year in which the seed was packed for sale as "packed for planting in..." or the percentage germination and the calendar month and the year the test was completed to determine that percentage;

     (b) Label for seeds which germinate less than the standard established ((under the provisions of chapter 15.49 RCW)) in WAC 16-301-090 must include the following:

     (i) Percentage of germination, exclusive of hard seed;

     (ii) Percentage of hard seed, if present;

     (iii) The words "below standard" in not less than eight-point type;

     (c) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quality of seed without removing the seed from the medium, mat, tape or device, a statement to indicate the minimum number of seeds in the container.

     (2) Vegetable seeds in containers - the labeling requirements for vegetable seeds in containers, other than packets prepared for use in home gardens or household plantings and other than preplanted containers, mats, tapes, or other planting devices, is considered met if the seed is weighed from a properly labeled container of more than one pound in the presence of the purchaser.

     (3) Flower seeds in packets or preplanted devices - labeling for flower seeds in packets prepared for use in home gardens or household plantings or flower seeds in preplanted containers, mats, tapes, or other planting devices must include the following information:

     (a) For all kinds of flower seeds:

     (i) The name of the kind and variety or a statement of the kind and performance characteristics as prescribed in chapter 15.49 RCW and rules adopted thereunder;

     (ii) The calendar month and year the seed was tested or the year for which the seed was packaged;

     (b) Labels for seeds of those kinds for which standard testing procedures are prescribed and which germinate less than the germination standard established under the provisions of chapter 15.49 RCW must include the following:

     (i) The percentage of germination exclusive of hard seeds;

     (ii) The words "below standard" in not less than eight-point type.

[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-025, filed 12/4/00, effective 1/4/01.]

ENGLISH OR COMMON NAME	BOTANICAL OR SCIENTIFIC NAME
Austrian fieldcress	Rorippa austriaca (Crantz) Bess.
Field bindweed	Convolvulus arvensis L.
Hedge bindweed	Convolvulus sepium L.
Bladder campion	Silene cucubalus
(only in timothy-
Phleum pratense)
Camelthorn	Alhagi camelorum Fisch.
Canada thistle	Cirsium arvense (L.) Scop.
Hairy whitetop	Cardaria pubescens (C.A. Mey.)
Hoary cress	Cardaria draba (L.) Desv.
Jointed goatgrass	Aegilops cylindrica
(only in small grain)
Knapweed complex
(including bighead,	Centaurea macrocephala,
Vochin,	Centaurea nigrescens,
black,	Centaurea nigra,
brown,	Centaurea jacea,
diffuse,	Centaurea diffusa,
meadow,	Centaurea jacea x nigra,
Russian,	Centaurea repens,
spotted knapweeds	Centaurea maculosa,
Purple starthistle)	Centaurea calcitrapa
Leafy spurge	Euphorbia esula L.
Lepyrodiclis	Lepyrodiclis holosteoides
Perennial pepperweed	Lepidium latifolium L.
Perennial sowthistle	Sonchus arvensis L.
Quackgrass	Elytrigia repens
Serrated tussock	Nassella trichotoma
Silverleaf nightshade	Solanum elaeagnifolium
Sorghum perennial such as, but	Sorghum spp.
not limited to, johnsongrass,
sorghum almum, and
perennial sweet sudangrass
Tansy ragwort	Senecio jacobaea L.
Velvetleaf	Abutilon theophrasti
White cockle	((Lychnis alba)) Silene latifloia
(only in timothy-
Phleum pratense)
Yellow-flowering skeleton weed	Chondrilla juncea L.
Yellow starthistle	Centaurea solstitialis L.

[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-045, filed 12/4/00, effective 1/4/01.]

ENGLISH OR COMMON NAME	BOTANICAL OR SCIENTIFIC NAME
Blackgrass	Alopecurus myosuroides
Blue lettuce	Lactuca tatarica subsp. pulchella
Docks and Sorrel	Rumex spp.
Dodder	Cuscuta spp.
Dyers woad	Isatis tinctoria
Field pennycress	Thlaspi arvense
(fanweed)
Field sandbur	Cenchrus incertus
Gromwell (only in	Buglossoides arvensis
small grain)
Halogeton	Halogeton glomeratus C.A. Mey.
Medusahead	Taeniatherum
	((capa-medusa subsp.
	caputmedusae)) caput-medusae
Plantains	Plantago spp.
Poverty weed	Iva axillaris Pursh.
Puncturevine	Tribulus terrestris L.
St. Johnswort	Hypericum perforatum L.
Dalmation toadflax	Linaria dalmatica (L.) Mill.
Yellow toadflax	Linaria vulgaris Hill.
Western ragweed	Ambrosia psilostachya DC.
Wild mustard	Sinapis arvensis subsp.
	arvensis
Wild oat	Avena fatua L.

[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-050, filed 12/4/00, effective 1/4/01.]

OTS-5560.1

AMENDATORY SECTION(Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)

WAC 16-302-091   What is the program for early sampling of ryegrass?   The procedure for participating in the program for early sampling of ryegrass is as follows:

     (1) Any company participating in this program must submit a report to the seed program listing the grower, acreage, variety, and field number of each field to be enrolled. This report must be filed by June 15th of each year. For fields that are in their second year of production or beyond, all lab numbers of tests from the previous year must also be provided.

     (2) The seed company is responsible for having their field personnel sample each field in the ((window)) windrow. The sample must be obtained from well-distributed points throughout the field. It is recommended that samples be thrashed and cleaned prior to testing. An additional fee will be charged for samples that are not cleaned. Samples must be forwarded to the seed program with the following information: The crop and variety, field number, grower, the name of the seed company, and a request for germination and fluorescence test. The sample must also indicate that it is being submitted under the early sampling program for ryegrass.

     (3) At the time of conditioning the seed, a composite sample must be submitted to the seed program for purity testing. The sample information must indicate the seed is from a field under the early sampling program for ryegrass. In addition to providing complete certification information, the lab number on which the fluorescence test was conducted must also be provided. The seed program may run a fluorescence test on the composite sample to verify the results from the early sample.

     (4) Certification tags will be issued upon completion of all required testing meeting the minimum certification standards for ryegrass. A tagging request must be filed with the seed program.

     (5) Failure to comply with the requirements of this section will result in the disqualification of the seed company from the early sampling program for the year.

[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-302-091, filed 12/4/00, effective 1/4/01.]

     (2) A person desiring to condition seed must make application to the department for a permit on a form provided by the department.

     (3) To obtain department approval for a seed-conditioning permit, the department conducts an inspection. A facility must show evidence that:

     (a) Seed for certification is handled in a manner which prevents mixture of lots of seed;

     (b) The seed conditioning facility is maintained and cleaned. Equipment must be easily accessible for cleaning and inspection, and must be cleaned between lots;

     (c) Each lot of seed is identified with a lot number;

     (d) Screenings are disposed of in accordance with chapter 15.49 RCW; and

     (e) Seed is sampled in accordance with WAC 16-301-095 ((and)), 16-302-090 and 16-302-091.

     (4) A seed conditioning facility must be approved by the department prior to handling seed for certification in bulk.

[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-302-125, filed 12/4/00, effective 1/4/01.]

     (1) A blend data sheet, including proof of certification, verifying the origin and the certifying agency along with the analysis and pounds of each lot must be submitted to the certifying agency for approval.

     (2) Each lot of certified seed shall:

     (a) Meet standards acceptable to the certifying agency.

     (b) Be sampled under supervision of the certifying agency prior to mixing. The sample shall be obtained in accordance with official sampling procedures. The sample shall be identified with:

     (i) The verification of certification, origin, and certifying agency;

     (ii) The kind/variety;

     (iii) The analysis and size of lot.

     (3) The certifying agency reserves the right to:

     (a) Refuse permission to use individual lots;

     (b) Approve the equipment to be used and procedure to follow in mixing;

     (c) Approve the containers and labeling to be used; and

     (d) Sample the final mixture.

     (4) The certifying agency will identify each container with an official certification label verifying that the individual lots used were certified seed lots.

     (5) For a mixture to be labeled sod quality each component shall meet sod quality standards in WAC 16-302-410.

     (6) Fees for turf seed mixing shall be the same as the current blend fee. Refer to chapter 16-303 WAC for appropriate fees.

[]

     "Adzuki bean" means Vigna angularis.

     "Dominant I-gene cultivar" means a cultivar that has resistance to all known strains of bean common mosaic virus (B.C.M.V.) due to the presence of the dominant I-gene. Dominant I-gene cultivars will not show mosaic mottle symptoms or transmit the virus through seed when inoculated with any strain of B.C.M.V.

     "Diseases" means those viral, fungal, and bacterial diseases of beans enumerated in WAC ((16-494-013)) 16-301-380 and any new variations or strains of these identified in the future.

     "Recessive I-gene cultivar" means a cultivar that may be susceptible to some strains of bean common mosaic virus and may show mosaic mottle symptoms.

     "Seed-borne viral diseases" includes bean common mosaic virus, adzuki common mosaic virus, and other similar viral diseases causing mosaic mottle and other symptoms similar to those of bean common mosaic virus.

[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-302-250, filed 12/4/00, effective 1/4/01.]

	Field Producing((*))
	Foundation	Registered	Certified
Other varieties or off-type plants	none found	0.1%	0.2%
Other crops*	none found	0.1%	0.1%
Total seed-borne diseases**	none found	none found	none found

*	Except as noted in subsection (6) of this section.

**	Except as noted in subsection (7) of this section.

     (2) Snap and kidney beans must be isolated by 1320 feet from known bacterial blight.

     (3) The following requirements apply to bean seed certification:

     (a) Pintos, red mexicans, pinks, great northern, small whites, navy beans, and black turtle beans may be grown for an unlimited number of generations under rill or sprinkler irrigation.

     (b) Kidney beans, cranberry types, Taylor horticultural types, and Borlotto types may be grown for an unlimited number of generations under rill irrigation or for one generation under rill irrigation and, subsequently, for two generations under sprinkler irrigation. The fourth and unlimited subsequent generations may be grown and inspected with the same alternation of irrigation types.

     (4) Bean fields must be rogued of weeds, off-type plants, volunteer plants, and plants showing symptoms of seed-borne diseases. Excessive nightshade shall be a cause for rejection.

     (5) For a bean field to be eligible for certification it must be clean and have boundaries that are clearly defined and a minimum of 36" which is adequate to prevent mechanical contamination.

     (6) Excessive weeds, poor stands, lack of vigor, or any other condition which is apt to make inspection inaccurate may be cause for rejection of a bean field.

     (7) Bean fields, including those planted with a dominant I-gene cultivar, are allowed the following levels of bean seed-borne virus diseases in the field: For foundation class, none found; for registered class 0.5%, ((.5%)) and for certified class 1.0%.

[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-302-260, filed 12/4/00, effective 1/4/01.]

     (a) A seed field eligible for the production of foundation, registered or certified seed must be isolated from any other variety or strain of the same species in accordance with the requirements in the following table:

	Minimum Isolation Distance Required for Fields Producing:
Symbol for Type of Reproduction	Foundation	Registered	Certified
Strains at least 80%
Apomictic A	60 feet	30 feet	15 feet clean fallow
Highly Self-Fertile Species -- S	60 feet	30 feet	15 feet clean fallow
All cross-pollinated
Species -- C	900 feet	300 feet	165 feet

     (b) A seed field that is eligible for the production of foundation or registered seed must be isolated from different classes of the same variety of cross-pollinated (C) species in accordance with the requirements in the following table:

Class Seed Planted	Class Seed Produced	Distance Required From Nearest Field Producing:
Breeder	Foundation	Registered		150 feet
Breeder	Foundation	Certified		225 feet
Foundation	Registered	Certified		75 feet

     (c) Isolation is not required in fields producing certified class seed when the isolation zone is less than ten percent of the entire field being certified if there is a clear (ten feet) line of demarcation between adjacent varieties. The isolation zone is the area calculated by the length of the common border with other varieties by average width of the certified field falling within the one hundred sixty-five feet isolation distance requirement.

     (d) A field eligible for the production of foundation, registered or certified seed must be isolated from classes of the same variety of apomictic (A) and self-fertile (S) species in accordance with the following requirements:

     (i) A field producing foundation or registered seed must be a minimum of fifteen feet from a field planted with a different class of the same variety.

     (ii) A field producing certified seed must be a minimum of five feet from a field planted with a different class of the same variety.

     (e) If it is not possible to provide minimum isolation distances for fields producing foundation, registered or certified seed exceeding five acres in area, border removal is permitted. Border removal requires removal of the portion of the field being certified that is adjacent to a contamination source. The following requirements apply if the grower uses border removal:

     (i) The minimum distances required for border removal are as follows:

	Minimum Isolation Distance Required for Fields Producing:
Border to be removed from the field being certified		Foundation	Registered	Certified
0 feet		900 ft.	300 ft.	165 ft.
15 feet		450 ft.	150 ft.	75 ft.

     (ii) The grower must apply for seed certification of the entire field and clearly stake off the border removal portion before inspection of the field by the certifying agency.

     (f) The border removal portion of the field may be harvested for uncertified seed under the following conditions:

     (i) The entire field must pass all certification requirements except for isolation at time of inspection. The field report will show rejection due to lack of isolation.

     (ii) The grower must harvest and deliver to a department approved conditioning plant the seed from the certified portion of the field separately from the seed from the isolation strip. After the seed is weighed and ((lotted)) logged in, the weight of the seed from the isolation strip is to be reported to the seed program. At this time the seed program records will indicate the field has passed certification.

[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-302-330, filed 12/4/00, effective 1/4/01.]

SEED STANDARDS

(a)	Not to exceed .25% other grass species for blue tag seed.
(b)	Grass seed must not contain more than 45/lb. for registered seed 91/lb. for certified seed, singly or collectively, of objectionable weed seeds. (See (f) of this subsection for certified bentgrass and redtop exemption.) Grass seed shall be free of the seed of prohibited noxious weeds.
(c)	A tolerance of 0.5% may be allowed for samples containing weedy bromus spp provided the total of all other weed seeds does not exceed 0.3%.
(d)	A standard tetrazolium (two hundred seed) test may be used in lieu of germination test. NOTE: State and federal seed laws require seed be labeled on a germination test.
(e)	A tolerance of 0.8% may be allowed in registered and certified wheatgrass containing small grain seed provided the total of all other crop seed does not exceed 0.1% for registered class and 0.5% for certified class.
(f)	Certified seed must not contain over 907 seeds per pound, singly or collectively, of the following weeds: Plantago spp., Big Mouse-ear Chickweed, Yarrow, Spotted Cat's Ear, and Dandelion.
(g)	A maximum of .50% weed seed may be allowed in certified bentgrass containing silver hairgrass provided the total of all other weed seed does not exceed .40%.
(h)	1.50% other fine bentgrasses and .50% redtop may be allowed in certified bentgrass containing a minimum of 98.00% total bentgrass.
(i)	A crop exam is required for all registered and foundation class grass seeds.
(j)	Or 70% by Tz test.
(k)	Maximum other ryegrass allowed as determined by fluorescence test: Foundation 0.1%, registered 1%, certified 2% for annual and 3% for perennial containing a minimum of 97% total ryegrass. Acceptable fluorescence levels for specific varieties available upon request.
(l)	85% minimum germination allowed on ryegrass varieties as designated by the breeder or variety owner. See list maintained by the seed program.
(m)	An ammonia test is required on hard and sheep fescue to determine presence of other Fescue sp. Other fine-leaved fescue found in the ammonia test will be included with other crop not other grass species.
(n)	Total viability as allowed in WAC 16-302-170 can be substituted for germination percentage.

[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-302-385, filed 12/4/00, effective 1/4/01.]

     (a) Option A - certification is based on pounds of seed sampled, and billed at completion of required laboratory tests, the fees are as listed in WAC 16-303-330 (5)(a):

     (b) Option B - certification is based on dealers requesting sampling and tagging privileges. Seed dealers must sign a memorandum of agreement with the department that expires on June 30 of each year. The memorandum may be terminated by the director if the dealer violates certification standards or requirements of memorandum. Payment of fees is the responsibility of the conditioner under this program. Upon termination or nonrenewal of the memorandum of agreement, the dealer is responsible for Option A fees on all certified seed not tagged at termination date. A dealer choosing this program must handle all certified grasses in his warehouse under this program for the entire crop year.

     Fees are ((as established in chapter 16-303 WAC)) listed in WAC 16-303-330 (5)(b).

[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-302-390, filed 12/4/00, effective 1/4/01.]

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 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, 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, a ten gram Poa annua check and a germination test on an official sample 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: 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.]

Purity	Foundation	Class Registered	Certified
Pure seed (min.)	98.0%	98.0%	98.0%
Inert material (max.)	2.0%*((*))	2.0%*((*))	2.0%*((*))
Other crop (max.)	0.01%	0.03%	0.08%
Weed seed (max.)	0.10%	0.10%	0.10%
Prohibited or restricted noxious weed seeds	none found	none found	none found
Germination (min.)	85.0%	85.0%	85.0%

*((*))

Inert matter must not contain more than 0.5% of material other than seed fragments of the variety under consideration.

[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-302-435, filed 12/4/00, effective 1/4/01.]

Purity		Foundation	Registered	Certified
Pure seed	(Min.)	99.00%	99.00%	99.00%
Other crop and/or varieties	(Max.)	9/lb	9/lb	18/lb
Inert matter	(Max.)	1.00%	1.00%	1.00%
Weed seed	(Max.)	91/lb	91/lb	181/lb
Prohibited noxious weeds (1)		None found	None found	None found
Objectionable weeds (2)	(Max.)	5/lb	9/lb	18/lb
Chemical analysis (3)
Germination	(Min.)	85.00%	85.00%	85.00%

Note:
(1)	None found means none found during normal inspection procedures. None found is not a guarantee that the lot is free of noxious weed seeds.
(2)	Objectionable weed seeds are defined as restricted noxious listed in WAC ((16-301-125)) 16-301-050 plus: Brassica nigra, Sinapis arvensis, Brassica juncea, and Raphanus raphanistrum.
(3)	Erucic acid content shall be less than 2% and glucosinolate content shall not be greater than thirty micromoles unless other tolerances are described by the plant breeder for each variety.
(4)	Erucic acid and glucosinolate analysis must be conducted on clean seed.
(5)	Erucic acid and glucosinolate analysis must be conducted ((is)) at a WSDA approved laboratory.

[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-302-490, filed 12/4/00, effective 1/4/01.]

CLASS	LAND STANDARDS MINIMUM YEARS	ISOLATION STANDARDS MINIMUM FEET	OFF-TYPE MAXIMUM HEAD RATIO	FIELD STANDARDS OTHER CROP MAXIMUM HEAD RATIO	WILD OAT MAXIMUM PLANTS/ACRE
Foundation	2*	((3**)) 90 same genus** 3 different genus	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 is 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 must be isolated ninety feet from fields of the same genus. In addition, each rye field for certification must be isolated by three feet from fields producing a certified class of the same variety, and by six hundred sixty feet from other rye fields. Each triticale field for certification must be isolated by three feet from fields producing a certified class of the same variety, and by three hundred feet from other triticale, rye and wheat fields 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 (****)
Viability(*****) (min.)	85%	85%	85%

(*)	The combination of other small grain and off-type must not exceed 2/lb for registered class, and 4/lb for certified class. The tolerance for rye or triticale, is none found in barley, oat, or wheat. The tolerance for rye is none found in triticale. The tolerance for triticale is none found in rye.
(**)	Excluding off-type and other small grain. No vetch is allowed in small grain seed
(***)	Excluding wild oat.
(****)	1/lb for certified class oat.
(*****)	A certification certificate is 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 be labeled based on a germination test.

Note:

For all classes the purity analysis is based on 100 grams examined. For registered and certified classes, noxious weed, vetch, off-type, and other small grain((,)) determinations are based on 500 grams examined. For foundation class, noxious weed, vetch, off-type, and other small grain determinations are based on 1000 grams examined.

[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-302-685, filed 12/4/00, effective 1/4/01.]

     The following section of the Washington Administrative Code is repealed:

WAC 16-302-440

Standards for verification of turf seed ingredients.

© Washington State Code Reviser's Office