WSR 06-11-149



[ Filed May 23, 2006, 4:21 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-06-109.

Title of Rule and Other Identifying Information: WAC 16-302-225 Land requirements for alfalfa seed.

Hearing Location(s): Washington State Department of Agriculture, 21 North 1st Avenue, Yakima, WA 98902, on June 29, 2006, at 11:00 a.m.

Date of Intended Adoption: July 19, 2006.

Submit Written Comments to: Dannie McQueen, P.O. Box 42560, Olympia, WA 98504-2560, e-mail, fax (360) 902-2085, by 5 p.m., on June 29, 2006.

Assistance for Persons with Disabilities: Contact the agency receptionist by calling TTY (360) 902-1996 or (360) 902-1976.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule is to simplify the language in the certification standards concerning restrictions between previous alfalfa production and the establishment of a new field.

Reasons Supporting Proposal: These changes will simplify the language concerning the time restrictions of the establishment of alfalfa seed fields in respect to the dormancy ratings assigned to each variety. This will make the requirement much easier to understand and give an exact standard to apply to new plantings. In addition, this modification will align Washington certification standards for this factor with the standards of neighboring states. This alignment promotes the production of alfalfa seed in Washington, increasing opportunities for Washington seed growers.

Statutory Authority for Adoption: RCW 15.49.310 and chapter 34.05 RCW.

Statute Being Implemented: RCW 15.49.310.

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

Name of Proponent: Dan Gardner, Alfalfa Breeder, Dairyland Seed Company, private.

Name of Agency Personnel Responsible for Drafting and Implementation: Victor Shaul, Operations Manager, Yakima, (509) 225-2630; and Enforcement: Fawad Shah, Program Manager, Yakima, (509) 225-2636.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule has no increased cost to seed producers or seed conditioners. There are no new reporting requirements with these changes. This modification just adds clarification to existing seed certification standards and will make it easier to comply with the requirements. The Washington state department of agriculture (WSDA) concludes that these modifications do not impose any cost to the seed industry and therefore a small business economic impact statement is not required according to RCW 19.85.030 (1)(a).

A cost-benefit analysis is not required under RCW 34.05.328. The WSDA is not a listed [agency] in RCW 34.05.328 (5)(a)(i).

May 23, 2006

Robert W. Gore

Assistant Director


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

WAC 16-302-225   Land requirements for alfalfa seed certification.   Land requirements for the production of alfalfa seed crop are as follows:

(1) Prior to stand establishment an alfalfa seed crop of the same kind must not have been grown or planted on the land for four years for the production of foundation or registered class or one year for the production of certified class; except two years ((are required for the production of certified class seed of varieties adapted to the northern and central regions following varieties adapted to the southern region)) must elapse between the destruction of dissimilar varieties, which are varieties that differ by more than four or more points on a dormancy rating scale as reported by the National Alfalfa Variety Review board.

(2) Reseeding of an alfalfa seed field due to failure or partial failure of the first seeding may be done by referring to the guidelines in WAC 16-302-045(5).

(3) Ditchbanks, roadways, etc. adjacent to a certified alfalfa seed field must be free of volunteer alfalfa and prohibited noxious weeds.

(4) Volunteer alfalfa plants in the alfalfa seed field may be cause for rejection or reclassification of a seed field.

(5) No manure or other contaminating materials may be applied during the establishment and production period of the alfalfa seed stand.

[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, 16-302-225, filed 12/4/00, effective 1/4/01.]

Washington State Code Reviser's Office