WSR 07-19-122

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed September 19, 2007, 11:12 a.m. , effective October 20, 2007 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: This rule-making order provides an exemption to the quarantine for seed that was in a company's inventory prior to the quarantine taking effect. In lieu of tagging small containers, there will be an allowance for alternative wording to be placed on an invoice or other documents that communicate quarantine compliance. Clarifying language has been added to make it clear that even though certain seed lots are exempt from parts of the quarantine rule, they must be free from regulated diseases.

Citation of Existing Rules Affected by this Order: Amending WAC 16-301-525 and 16-301-530.

Statutory Authority for Adoption: Chapters 15.49 and 17.24 RCW.

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 07-15-091 on July 18, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 2, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: September 18, 2007.

Valoria H. Loveland

Director

OTS-9885.1


AMENDATORY SECTION(Amending WSR 06-01-111, filed 12/21/05, effective 1/21/06)

WAC 16-301-525   What are the exemptions to the crucifer seed quarantine that apply within the regulated area?   This crucifer quarantine does not apply to:

(1) Experiments or trial grounds of the United States Department of Agriculture;

(2) Experiments or trial grounds of a university such as but not limited to the University of Idaho or Washington State University research stations; or

(3) Trial grounds of any person, firm or corporation that are approved by the director and established in accordance with WAC 16-301-550.

(4) Shipments, movements, or transportation of:

(a) Prepackaged crucifer seed in packages of 1/2 ounce or less if the seeds are free of regulated diseases as required in WAC 16-301-530; or

(b) Vegetable seedlings offered for sale for home garden use in the regulated area if the seedlings are free of regulated diseases as required in WAC 16-301-530.

(5) Research, variety development, variety maintenance or other crucifer production where the entire crop cycle is confined within a building or greenhouse.

(6) Seed lots with a maximum weight of five pounds that were in inventory prior to January 1, 2007.

[Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. 06-01-111, 16-301-525, filed 12/21/05, effective 1/21/06.]


AMENDATORY SECTION(Amending WSR 06-01-111, filed 12/21/05, effective 1/21/06)

WAC 16-301-530   What requirements apply to planting crucifer seed in the regulated area?   (1)(a) It is a violation of this chapter to plant or establish crucifer seed that is infected with any regulated disease in the regulated area.

(b) Any seed of a Brassica or Sinapis species planted or established in the regulated area whose primary use is for any nonvegetable use must be tested for the presence of dormant seed as required by WAC 16-301-510.

(2) Any person who plans to ship, move, or transport any crucifer seed intended for planting purposes into or within the regulated area must file a Notice of Intent/Quarantine Compliance form with the seed program before planting or offering the seed for sale.

(3) The Notice of Intent/Quarantine Compliance form filed with the seed program must be accompanied by a copy of the:

(a) Laboratory analysis or some other proof (such as a phytosanitary certificate based upon laboratory testing issued from the state or country of production) demonstrating that the lot is free of regulated diseases; and

(b) Seed analysis certificate(s) showing that the lot is free from dormant seed, if required under WAC 16-301-510.

(4) It is a violation of this chapter for any crucifer seed intended for seed production, oil production, commercial vegetable production or cover crop use to be offered for sale within or into the regulated area unless ((each seed container bears a label issued by the seed program indicating that the seed is in compliance with the requirements of this chapter)) accompanied by documentation verifying quarantine compliance.

(a) For small packages such as heat sealed envelopes and tins, quarantine compliance may be placed on a sales invoice or other documentation that is provided to the purchaser of seed. Language must be approved by the seed program.

(b) Larger containers must bear a label issued by the seed program indicating that the seed is in compliance with this chapter.

[Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. 06-01-111, 16-301-530, filed 12/21/05, effective 1/21/06.]

Washington State Code Reviser's Office