PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-12-085.
Title of Rule: The department is proposing amendments to the following rule sections in chapters 16-301 and 16-302 WAC:
| • | WAC 16-301-005 General seed standards--Definitions, 16-301-010 What publications are adopted in chapters 16-301, 16-302 and 16-303 WAC and where can they be obtained?, and 16-301-055 Tolerances for seed law enforcement; |
| • | WAC 16-302-045 How may a person apply for seed certification in Washington state?, 16-301-110 Completion of seed certification -- When may seed be labeled with a seed certification tag, label or seal?, 16-302-150 Eligibility for interagency certification, 16-302-155 Interagency seed certification procedure, 16-302-255 Land requirements for bean seed certification, 16-302-385 Grass seed standards for certification, and 16-302-410 Standards for sod quality seed. |
Purpose: The proposed amendments to chapters 16-301 and 16-302 WAC will amend:
| • | The "official seed laboratory" definition in WAC 16-301-005 to include accredited seed laboratories; |
| • | WAC 16-301-010 and 16-301-055 to update Association of Official Seed Certifying Agencies (AOSCA) and Association of Official Seed Analysts (AOSA) adoption dates; |
| • | WAC 16-302-045 to eliminate the requirement that payment be sent with the application when applying for certification; |
| • | WAC 16-302-110(1) to read that certification tags "must be" attached to a container of certified seed before it is distributed; |
| • | WAC 16-302-110(2) by replacing the words "under the supervision of the certifying agency" with "in accordance with the certifying agencies rules;" |
| • | WAC 16-302-150(3) and 16-302-155 (2)(b) to delete the references to "Part C" because there isn't a Part "C" on the Interagency Certified Seed Report form; |
| • | WAC 16-302-255(1) by replacing "preceding three years" with "preceding one year;" |
| • | WAC 16-302-385 by adding minimum purity requirements for "turf type" fescue and "range/reclamation type" fescue to the fescue section of the table and to change the pollination type of Indian rice grass; |
| • | WAC 16-302-410(3) to delete "a ten gram Poa annua check." |
Statutory Authority for Adoption: RCW 15.49.301, 15.49.370(3) and chapter 34.05 RCW.
Statute Being Implemented: Chapter 15.49 RCW.
Summary: See Purpose above.
Reasons Supporting Proposal: See Purpose above.
Name of Agency Personnel Responsible for Drafting: Victor Shaul, Yakima, (509)225-2682; Implementation and Enforcement: Robert W. Gore, Olympia, (360) 902-1827.
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: See Purpose above.
Proposal Changes the Following Existing Rules: See Purpose above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires that an agency must prepare a small business economic impact statement (SBEIS) for proposed rules that impose a more than minor cost on businesses in an industry. The proposed amendments to chapters 16-301 and 16-302 WAC do not impose any new costs on businesses regulated by the rule. No new requirements are imposed by the proposed amendments. The purpose of the amendments is to update references and clarify and simplify rule language, which should result in a rule that is easier to understand and apply. For these reasons, an SBEIS is not required and has not been prepared.
RCW 34.05.328 does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).
Hearing Location: Washington State Department of Agriculture, 21 North First Avenue, Second Floor Conference Room, Yakima, WA 98902, on August 26, 2003, at 1:00 p.m.
Assistance for Persons with Disabilities: Contact Laurie Crose by August 20, 2003, TDD (360) 902-1996.
Submit Written Comments to: George Huffman, Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, e-mail ghuffman@agr.wa.gov, fax (360) 902-2085, by 5:00 p.m. on August 26.
Date of Intended Adoption: August 29, 2003.
July 23, 2003
William E. Brookreson
Deputy Director
OTS-6518.1
AMENDATORY SECTION(Amending WSR 00-24-077, filed 12/4/00,
effective 1/4/01)
WAC 16-301-005
General seed standards -- Definitions.
Definitions for terms used in this chapter and in chapters
16-302 and 16-303 WAC may be found in chapter 15.49 RCW, seed.
For the purposes of these chapters, the following definitions
shall apply unless otherwise provided for in law or rule:
"Agricultural seed" as defined in RCW 15.49.011(2) includes grass, forage, cereal, oil, fiber, and other kinds of crop seeds commonly recognized within this state as agricultural seeds, lawn seeds, and combination of such seeds, and may include common and restricted noxious weed seeds but not prohibited noxious weed seeds.
"AOSA" means the Association of Official Seed Analysts.
"AOSCA" means the Association of Official Seed Certifying Agencies.
"Approved trial grounds" means a specific parcel of land approved by the director for experimental or limited production or increase of bean seed.
"Arbitration committee" means the committee established by the director under RCW 15.49.101 to hear and make determinations in mandatory, nonbinding, arbitration cases.
"Bean" means common beans and adzuki beans.
"Blend" as defined in RCW 15.49.011(3) means seed consisting of more than one variety of a species, each in excess of five percent by weight of the whole.
"Blending" as related to this chapter shall be the process of commingling two or more lots of seed to form one lot of uniform quality.
"Buyer" means a person who purchases seeds.
"Chairperson" means the person selected by the arbitration committee from among their numbers to preside.
"Certifying agency" as defined in RCW 15.49.011(5) means:
(a) An agency authorized under the laws of any state, territory, or possession to certify seed officially and which has standards and procedures approved by the United States secretary of agriculture to assure the genetic purity and identity of the seed certified; or
(b) An agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed-certifying agencies under (a) of this subsection.
"Common bean" means Phaseolus vulgaris L.
"Complete record" means information which relates to the origin, treatment, germination and purity (including variety) of each lot of seed. Records include seed samples and records of declaration, labels, purchases, sales, cleaning, bulking, treatment, handling, storage, analyses, tests and examinations.
"Dealer" as defined in RCW 15.49.011(7) means any person who distributes seeds.
"Department" as defined in RCW 15.49.011(8) means the Washington state department of agriculture or its duly authorized representative.
"Director" as defined in RCW 15.49.011(9) means the director of the department of agriculture.
"Field standards" means the tolerances permitted as determined by established field inspection procedures.
"Fiscal year" means the twelve-month period July 1 through June 30.
"Flower seeds" as defined in RCW 15.49.011(11) include seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts, and commonly known and sold as flower seeds in this state.
"Germination" as defined in RCW 15.49.011(13) means the emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, are indicative of the ability to produce a normal plant under favorable conditions.
"Interagency certification" means the participation of two or more official certifying agencies in performing the services required to certify the same lot or lots of seed.
"Isolation standards" means the distance in feet from any contaminating source (i.e., distance from other fields of same species).
"Label" as defined in RCW 15.49.011(18) includes a tag or other device attached to or written, stamped, or printed on any container or accompanying any lot of bulk seeds purporting to set forth the information required on the seed label by chapter 15.49 RCW, and may include other information including the requirement for arbitration.
"Land standards" means the number of years that must elapse between the destruction of a stand of a kind, and establishment of a stand of a specified class of a variety of the same kind (i.e., number of years out of production of same crop kind).
"Mixture, mixed or mix" as defined in RCW 15.49.011(22) means seed consisting of more than one species, each in excess of five percent by weight of the whole.
"Nursery" means an area of two acres or less in which grass for seed production is seeded in rows with twenty-four inch minimum spacing to facilitate roguing.
"O.E.C.D." means the Organization for Economic Cooperation and Development certification scheme.
"Off-type" means a plant or seed which deviates in one or more characteristics from that which has been described as being usual for the strain or variety.
"Official certificate" means a document issued by an official testing agency including but not limited to seed certification tags, bulk seed certification certificates, phyto-sanitary certificates, laboratory sanitary certificates, and other letters, tags, stamps, or similar documents certifying seed quality or condition.
"Official sample" as defined in RCW 15.49.011(23) means any sample taken and designated as official by the department.
"Official seed laboratory" means a seed testing laboratory approved by the director, such as, but not limited to, Washington State Seed Laboratory, 21 N 1st Avenue, Yakima, Washington; and Oregon State Seed Laboratory, Oregon State University, Corvallis, Oregon. This definition is to include any laboratory that has an accreditation process in place.
"Origin" means the county within the state of Washington, or the state, territory, or country where a specific seed lot was grown.
"Person" as defined in RCW 15.49.011(26) means an individual, partnership, corporation, company, association, receiver, trustee or agent.
"Proprietary variety" means that crop variety for which a person has exclusive production and/or marketing rights.
"Representative sample" means a sample drawn in accordance with sampling procedures adopted in WAC 16-301-095.
"Seeds" as defined in RCW 15.49.011(33) means agricultural or vegetable seeds, or other seeds as determined by rules adopted by the department. The word seed or seeds as used in this chapter shall include all propagating materials.
"Seed labeling permit" means a permit issued by the department pursuant to RCW 15.49.400 to a person labeling seed for distribution in this state.
"Seed program advisory committee" means a committee of representatives from the small grains, pea, lentil, bean, vegetable, small seeded legumes, and grass seed industries selected by the program manager in consultation with the industry.
"Seed standards" means the tolerances permitted as determined by established seed inspection procedures.
"Serology" means precipitation, agglutination, immunodiffusion, or labeled antibody test methods (such as ELISA) that use the specificity of antigen-antibody reactions to detect and identify antigenic substances and the organisms such as viruses and bacteria that carry viruses.
"Stock seed" means breeders, prebasic, or like initial generation of seed.
"Sudangrass" means Sorghum bicolor x drummondii.
"University" means the Washington State University.
"USDA" means the United States Department of Agriculture.
"Vegetable seeds" as defined in RCW 15.49.011(38) include the seeds of all crops that are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this state.
"WSCIA" means the Washington State Crop Improvement Association.
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-005, filed 12/4/00, effective 1/4/01.]
(2) The AOSA rules for testing seed adopted in the year
((2000)) 2003. A copy may be obtained by contacting the
administrative office for AOSA at McBride and Associates,
Inc., P.O. Box 80705, Lincoln, NB 68501-0705.
(3) The Federal Seed Act and Code of Federal Regulations (CFR) Part 201 as revised January 1, 1998. A copy may be obtained by writing to the USDA, AMS, Washington, D.C. 20250.
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-010, filed 12/4/00, effective 1/4/01.]
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-055, filed 12/4/00, effective 1/4/01.]
OTS-6520.1
AMENDATORY SECTION(Amending WSR 00-24-077, filed 12/4/00,
effective 1/4/01)
WAC 16-302-150
Eligibility for interagency
certification.
(1) Seed recognized for interagency
certification must be received in containers carrying official
certification labels or evidence of its eligibility from
another official certifying agency together with the following
information:
(a) Variety and species;
(b) Quantity of seed;
(c) Class of seed; and
(d) Field or lot number traceable to the previous certifying agency's records.
(2) Seed tagged and sealed with official certification tags is eligible for interagency certification without obtaining approval from the certifying agency of the originating state.
(3) An "interagency certified seed" report form must be submitted to all certifying agencies involved. Forms can be obtained from the department seed program. Information required to complete the form includes:
• Address of shipper
• Destination
• Shipping weight
• Lot number
• Grower name
• Field number
• Date of seed shipment
• Amount of seed used
• Receiving weight and lot number
• Clean weight
• Bag count
• New lot number if different than the receiving lot number
• Screenings weight
(4) Certified seed not tagged and sealed with official
certification tags must follow the interagency certification
procedure in WAC 16-302-155.
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-302-150, filed 12/4/00, effective 1/4/01.]
(1) The interagency seed certification procedure for field pea, lentil, soybean, small grain and sorghum seed is as follows:
(a) A certified seed sale certificate must be executed by the department for unprocessed seed pending final certification when moved out-of-state.
(b) Unprocessed seed pending final certification is subject to all certification fees when moved out-of-state.
(2) The interagency seed certification procedure for all other kinds of seed except field pea, lentil, soybean, small grain and sorghum seed shipped out-of-state is as follows:
(a) Obtain approval of all certifying agencies involved prior to shipment:
• Complete section (A) of "interagency certified seed" report referred to in WAC 16-302-150(3). Prior to shipment one copy of the "interagency certified seed" report must be submitted to the department seed program and one copy to the certifying agency where seed is being processed.
• Clearly mark each container with the lot number and Washington field number.
(b) Upon completion of seed processing, section((s)) (B)
((and (C))) of "interagency certified seed" report referred to
in WAC 16-302-150(3) must be completed and submitted to the
department seed program.
• If the department is to finalize certification, a representative of the certifying agency in the receiving state must draw an official sample. The sample must be submitted to the department seed program.
• When Washington state certification tags are used, the lot must be tagged and sealed under supervision of the department. The applicant must pay a mileage fee and hourly rate for all additional mileage and travel time required.
• When Washington state interagency tags are used, the tags must be mailed to the nearest representative of the certifying agency having jurisdiction for tagging.
(c) If another state receives seed and finalizes certification, the department must advise the receiving state's certifying agency of certification eligibility. Sampling, testing, and tagging shall be in accordance with the receiving state's requirements.
(d) The applicant for interagency seed certification is responsible for all fees authorized under Washington's certification program and any additional fees that may be assessed by both agencies involved. Fees for Washington's interagency certification program must be paid upon submission to the department of the "interagency certified seed" report, section (A).
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-302-155, filed 12/4/00, effective 1/4/01.]
(1) A field to be eligible for the production of
certified class must not have been planted to beans of a
different variety the preceding ((three)) one year((s)).
A field to be eligible for the production of foundation or registered classes must not have been planted to beans for the previous three years unless those beans were of the same variety of equal or higher class. The fields must be free of bacterial diseases during the previous two years of planting.
(2) A bean field is not eligible for production of certified seed for more than two consecutive years.
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-302-255, filed 12/4/00, effective 1/4/01.]
SEED STANDARDS
| CROP AND TYPE OF REPRODUCTION AS PER |
MINIMUM % GERM (d)(n) | MINIMUM % PURE | MAXIMUM % INERT | MAXIMUM % WEEDS (b) | MAXIMUM % OTHER CROPS | MAXIMUM SEEDS OF OTHER CROP GRASS SPECIES | ||||||||
| FNDT. REG. | CERT. | FNDT. REG. | CERT. | FNDT. REG. | CERT. | FNDT. REG. | CERT. | FNDT. (i) REG. (i) | CERT. (a) | FNDT.
SEEDS/ LB. |
REG.
SEEDS/ LB. |
CERT. % | ||
| BLUEGRASS Big Canby Kentucky Canada, Upland |
(A) (A) (A) (A) |
70 70 80 80 |
70 70 80 80 |
90 90 97 96 |
90 90 97 92 |
10 10 3 4 |
10 10 3 8 |
.05 .05 .05 .05 |
.3 .3 .3 .3 |
.1 .1 .1 .1 |
.5 .5 .5 .5 |
45 /lb. 45 /lb. 45 /lb. 45 /lb. |
454 /lb. 454 /lb. 454 /lb. 907 /lb. |
.25 .25 .25 .25 |
| BROMEGRASS Smooth & Meadow Mountain & Sweet |
(C) (C) |
80 85 |
85 85 |
95 95 |
95 95 |
5 5 |
5 5 |
.05 .3 |
.3 (c) .3 (c) |
.1 .1 |
.5 1.0 |
9 /lb. 9 /lb. |
91 /lb. 91 /lb. |
.25 .25 |
| DEERTONGUE | (C) | 50 | 50 | 97 | 95 | 3 | 5 | .50 | .5 (c) | 1.0 | 1.0 | 1% | ||
| FESCUE Tall & Meadow Hard & Sheep (m) Turf Type (o) Reclamation/Range Type Chewings Red, Idaho and other Fescue |
(C) (C) (C) |
80 80 80 80 |
85 85 85 90 |
95 95 95 95 |
97 97 92 97 |
5 5 5 5 |
3 3 8 3 |
.03 .03 .03 .03 |
.3 (c) .3 (c) .3(c) .3 (c) |
.1 .1 .1 .1 |
.5 .5 .5 .5 |
18 /lb. 9 /lb. 9 /lb. 9 /lb. |
91 /lb. 45 /lb. 45 /lb. 45 /lb. |
.25 .25 .25 .25 |
| ORCHARDGRASS | (C) | 80 | 85 80 for |
85 penlate |
90 & latar |
15 | 10 | .03 | .3 (c) | .1 | .5 | 27 /lb. | 91/lb. | .25 |
| RYEGRASS Pennfine |
(C) |
85 80 |
90 (l) 85 |
96 (k) 96 (k) |
97 (k) 97 (k) |
4 4 |
3 3 |
.1 .1 |
.3 (c) .3 (c) |
.1 .1 |
.5 .5 |
9 /lb. 9 /lb. |
45 /lb. 45 /lb. |
.25 .25 |
| TIMOTHY | 80 | 85 | 97 | 97 | 3 | 3 | .1 | .3 | .1 | .5 | 9 /lb. | 45 /lb. | .25 | |
| WHEATGRASS (n) Beardless Bluebunch Intermediate, Tall Pubescent Western, R/S Streambank, Thickspike Slender Crested & Siberian |
(C) (C) (C) (C) (C) (S) (C) |
80 80 80 80 80 80 80 |
85 85 85 85 85 85 85 |
90 90 95 95 90 90 90 |
90 90 95 95 90 95 95 |
10 10 5 5 10 10 10 |
10 10 5 5 10 5 5 |
.1 .1 .1 .1 .1 .1 .1 |
.3 (c) .3 (c) .3 (c) .3 (c) .3 (c) .3 (c) .3 (c) |
.1 (e) .1 (e) .1 (e) .1 (e) .1 (e) .1 (e) .1 (e) |
.5 (e) .5 (e) .5 (e) .5 (e) .5 (e) .5 (e) .5 (e) |
9 /lb. 9 /lb. 9 /lb. 9 /lb. 9 /lb. 9 /lb. 9 /lb. |
45 /lb. 45 /lb. 45 /lb. 45 /lb. 45 /lb. 45 /lb. 45 /lb. |
.25 .25 .25 .25 .25 .25 .25 |
| INDIAN RICEGRASS |
(( |
80(j) |
80 (j) |
95 |
90 |
5 |
10 |
.3 |
.5 |
.5 |
1.0 |
9 /lb. |
45 /lb. |
.25 |
| PUCCINELLIA (n) distans |
(C) |
80 |
80 |
90 |
95 |
5 |
5 |
.3 |
.5 |
.5 |
1.0 |
45 /lb. |
454 /lb. |
.25 |
| WILDRYE (n) | (C) | 80 | 80 | 90 | 90 | 10 | 10 | .1 | .3 (c) | .1 | .5 | 9 /lb. | 45 /lb. | .25 |
| BENTGRASS | (C) | 85 | 85 | 98 | 98 | 2 | 2 | .3 | .4 (f) (g) | .2 | .6 (h) | |||
| REDTOP | (C) | 80 | 80 | 92 | 92 | 8 | 8 | .3 | .5 (f) | .5 | .2 | |||
| Ann. CANARYGRASS GREEN (n) NEEDLEGRASS SWITCHGRASS |
(C) (C) (C) |
85 80 60 |
85 80 60 |
99 80 90 |
99 80 90 |
1 20 10 |
1 20 10 |
.1 .1 .5 |
.3 .3(c) 1.5 |
1/lb. .1 .1 |
3/lb. .5 .25 |
- |
- |
- |
| (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. |
| (o) | Turf type fescues 97% pure seed. Range/reclamation types 92% pure seed. Varietal designation of turf or range/reclamation types are to be made by the breeder or variety owner. If no designation is made, the variety will be considered a turf type. |
[Statutory Authority: Chapters 15.49 and 34.05 RCW. 02-12-060, § 16-302-385, filed 5/30/02, effective 6/30/02. 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.]
| 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. |
| 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. |
(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: Chapters 15.49 and 34.05 RCW. 02-12-060, § 16-302-410, filed 5/30/02, effective 6/30/02. 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.]
OTS-6519.1
AMENDATORY SECTION(Amending WSR 00-24-077, filed 12/4/00,
effective 1/4/01)
WAC 16-302-045
How may a person apply for seed
certification in Washington state?
If a person wishes to
participate in the Washington state seed certification
program, you must submit an application to the appropriate
certifying agency ((along with the required fees (application
fee, field inspection fee and late application fee if
applicable):)).
(1) An application for seed certification must be submitted for each crop, variety and field.
(2) Applications may be obtained from a certified seed processor or the certifying agency listed in WAC 16-302-010.
(3) The applicant is responsible for payment of all fees. Washington State University, its official agents and USDA Plant Material Center are exempt from paying fees on seed stock.
(4) The applicant must attach to the application for seed certification official tags/labels and/or other verification from seed stock planted. The applicant must also attach proof of quarantine compliance when required, under chapter 16-301 WAC. Refer to chapter 16-303 WAC for appropriate fees.
(5) When it is necessary for a grower to reseed due to a failure to get a stand, the grower will retain records of seed lots used and the date of reseeding. Reseeding must be done within two years of the original planting date for grasses or within one year for all other crops. If seed stock of a different lot is used for reseeding, the grower must submit proof of seed stock used on a seedling application form. An additional application fee will be charged.
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-302-045, filed 12/4/00, effective 1/4/01.]
(2) Seed certification tags, labels, and seals must be
obtained from the certifying agency except as allowed in WAC 16-302-390, and must be attached to seed containers ((under
the supervision of the certifying agency)) in accordance with
the certifying agency's rules.
(3) Certification of seed is valid only if the tag, label or seal is affixed to each container in accordance with the AOSCA procedures as shown in WAC 16-301-010.
(4) No tag, label or seal may be removed and reused without permission of the certifying agency.
(5) A certified seed sale certificate will be issued upon completion of final certification for all seed to be sold in bulk. This certificate must accompany any shipment or transfers including those to other seed plants, out-of-state shipments or with any brokered seed. The seed plants own invoice may be used in lieu of a certified seed sale certificate for retail sales to growers.
(6) Seed that fails to meet certification requirements on factors other than genetic purity may be designated substandard at the discretion of the certifying agency. The certification tag or label attached to the seed must clearly show the reason the seed is substandard. Seed may not be tagged substandard if the seed can be remilled to meet minimum seed standards.
(7) Refer to chapter 16-301 WAC for seed labeling requirements.
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-302-110, filed 12/4/00, effective 1/4/01.]