PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 07-11-089.
Title of Rule and Other Identifying Information: Brassica seed production districts, this proposal creates a new chapter in WAC that:
(1) Establishes two Brassica seed production districts;
(2) Specifies general requirements for growing, transporting or processing Brassica seed crops within any Brassica seed production district;
(3) In response to local conditions, specifies requirements for producing different categories of Brassica seed crops in each of the Brassica seed production districts or subdistricts; and
(4) Establishes a continuing Brassica work group.
Hearing Location(s): Washington State Potato Commission, 108 Interlake Road, Moses Lake, WA 98837, on January 11, 2008, at 10:00 a.m.; and at the WSU Northwestern Washington Research & Extension Center, 16650 State Route 536, Mount Vernon, WA 98273, on January 17, 2008, at 10:00 a.m.
Date of Intended Adoption: January 24, 2008.
Submit Written Comments to: Henri Gonzales, P.O. Box 42560, Olympia, WA 98504-2560, e-mail hgonzales@agr.wa.gov, fax (360) 902-2094, by January 17, 2008.
Assistance for Persons with Disabilities: Contact Henri Gonzales by January 4, 2008, TTY (360) 902-1996.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: As a result of the 2007 legislative session, chapter 181, Laws of 2007, was enacted and later codified as chapter 15.51 RCW. Its purpose is to provide for the orderly production of potentially incompatible varieties of Brassica seed crops. This new law authorizes the department of agriculture to establish Brassica seed production districts in response to grower petitions. The legislation also authorizes the department to adopt implementation rules for the statute. These rules are necessary to decrease the potential of genetic crosses that could result in significant loss of quality, purity, and value in the seed produced.
Reasons Supporting Proposal: Species, hybrids, varieties, and variations of plants of the genus Brassica have the potential to form genetic crosses, particularly when they are grown in geographic proximity. If not properly regulated, this can result in significant loss of quality, purity, and value in the seed produced and potential losses in export and domestic market access.
Statutory Authority for Adoption: Chapters 15.51 and 34.05 RCW.
Statute Being Implemented: Chapter 15.51 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state department of agriculture, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not have more than minor economic impacts on small businesses, as at this time the department knows of no production of Brassica seed crops that would violate the rule provisions. If adopted, the rule would not change current practices. The proposed rule is intended to reduce the potential for harm to the established Brassica vegetable seed production industry, in the event that ongoing experimentation demonstrates it is economically viable to introduce commercial amounts of other, potentially incompatible Brassica species/varieties suitable for fuel or oil production. The department convened a work group of representatives of the vegetable seed, biofuels, and canola/rapeseed industries to reach general consensus on rule provisions that would allow all of the industries to coexist. If fuel or oil production in affected areas becomes economically feasible, the rules' impact would be mitigated by the process established by RCW 15.51.040.
A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).
December 5, 2007
Mary A. Martin Toohey
Assistant Director
OTS-1235.1
BRASSICA SEED PRODUCTION DISTRICT
(2) Brassica seed production district 1 includes areas of five counties as follows:
(a) In Whatcom County, the area bounded as follows: From two miles west of the Interstate 5 intersection with the Canadian border, a southward line extends parallel to, and two miles west of, Interstate 5 to its intersection with State Highway 542. The line then extends generally northeastward along State Highway 542 to the city limits of Kendall. At Kendall, the line continues due north to the Canadian border. The line then extends westward along the Canadian border to its point of origin.
(b) All of mainland Skagit County is included. On Fidalgo Island, the area on its eastern side bounded by a line three miles west of and parallel to the Swinomish Channel, extending from Padilla Bay to Smilk Bay, is included. All of Samish Island is included. The remaining portion of Fidalgo Island and all other islands in Skagit County are excluded from Brassica seed production district 1.
(c) In Snohomish County, the area bounded as follows: From Puget Sound east along State Highway 531 (also known as Lakewood Rd.), the line extends through Interstate Highway 5 Exit #206 (the Smokey Point exit) to the intersection of State Highway 531 and State Highway 9 in Arlington. From there the line extends generally northward along State Highway 9 to the county line, and then west along the county line to Puget Sound.
(d) In Island County, all of Camano Island and the portion of Whidbey Island north of an east-west line extending through Greenbank.
(e) In Clallam County, the area bounded as follows: From the westernmost city limit of Port Angeles, a line extends due south to a location five miles south of State Highway 101. From there, the boundary continues east along a line parallel to, and five miles south of, State Highway 101 to the Clallam/Jefferson County line. The boundary turns north along the Clallam/Jefferson County line until it reaches the Straits of Juan de Fuca and then continues along the Straits to its point of origin.
(3) Brassica seed production district 2 is divided into two subdistricts, designated district 2A and district 2B. For purposes of descriptions of boundaries relating to Brassica seed production district 2, all references to canals pertain to Columbia Basin Irrigation Project structures. Brassica seed production district 2 includes portions of Grant and Adams counties bounded as follows:
(a) Beginning at the Grant-Douglas County boundary, the line proceeds continuously due east along existing portions of Road 13NW to its intersection with the West Canal. The line follows the West Canal in a northeasterly direction through portions of the city of Ephrata, then around the northern end of Soap Lake and easterly to the intersection of the West Canal and the East Low Canal. The line follows the East Low Canal in a southerly, then easterly direction to its intersection with State Highway 26. Then it turns west and follows State Highway 26 to the Columbia River. The line continues due west until it intersects the county boundary in the Columbia River. The line then turns north and follows the county boundary to the point of origin.
(b) Brassica seed production district 2A is the northwestern portion of Brassica seed production district 2. It is bounded on the north and west by the boundaries of Brassica seed production district 2. Its eastern boundary line commences at the intersection of Rd. 13 NW and K NW. The line extends south along K NW to its intersection with I-90 North Frontage Rd. The line extends west along Frontage Rd. to State Highway 281N, and along State Highway 281N to Q SW. It extends north along Q SW to 5 NW and west along 5 NW to the western boundary of Brassica seed production district 2.
(c) Brassica seed production district 2B consists of the portion of Brassica seed production district 2 that is not encompassed in Brassica seed production district 2A.
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(2) No Brassica seed crop grown for any purpose is regulated as part of a Brassica seed production district, if it is harvested or mowed before flowering or otherwise handled so that pollen production is prevented. Note that other regulatory requirements, such as the provisions of the crucifer seed quarantine rule found in WAC 16-301-490 through 16-301-580, are applicable.
(3) Brassica seed crops, including seed grown for planting and seed grown for crushing or extraction for fuel or oil, may only be grown in locations that have been identified in a timely manner through the pinning process.
(a) Pinning for Brassica seed production in Brassica seed production district 1 will be held at least once a year at the WSU Northwestern Washington Research and Extension Center, 16650 State Route 536, Mt. Vernon, Washington 98237. Contact the WSU Skagit County Extension office at 360-428-4270 for information about pinning events for district 1.
(b) Pinning for Brassica seed production district 2 will be held at least once a year at the WSU Grant County Extension office, 35 C St. N.W., Ephrata, Washington 98823. Contact the WSU Grant County Extension office at 509-754-2011, ext. 413 for information about pinning events for district 2.
(c) Dates, times, locations and other information about pinning events will vary.
(d) Pinning for Brassica seed crops produced for planting must be performed by an authorized representative of the contractor for the crop. If the seed produced for planting is not being produced for a contractor, or if the contractor waives the pinning privilege, then the grower is responsible for pinning the location of the crop.
(e) Pinning for Brassica seed crops produced for fuel or oil must be performed by an authorized representative of the grower.
(4) Transportation and handling of Brassica seed within any Brassica seed production district must be performed in a way to prevent inadvertent spread of seed or production of volunteer plants. All shipments of viable seed must be in covered containers from which the seed cannot leak.
(5) Volunteer Brassica plants must be controlled as soon as feasible, but always prior to pollen production or blossoming.
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(2) Brassica seed crops of species generally known as rapeseed or canola, that are intended for producing seed for planting, may only be planted or grown under conditions of a Brassica production agreement, as described in RCW 15.51.040.
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(a) An exception that allows an isolation distance of less than two miles will occur when a written agreement between two or more contractors and/or growers complies with the conditions specified in subsection (2) of this section. All locations to be planted under such a written agreement between the parties must be pinned.
(b) An exception to the minimum isolation distance may be allowed under conditions of a Brassica production agreement, as described in RCW 15.51.040. All locations to be planted under such a Brassica production agreement must be pinned.
(c) Brassica seed crops grown for forage or cover crops may be planted or grown within the two-mile minimum isolation distance, if the forage or cover crop is not allowed to bloom or to produce pollen from April 1 through August 15 of any year. Forage or cover crops that comply with requirements of this subsection are not required to be pinned.
(2) Written agreements between parties to voluntarily allow planting of locations, any portion of which are within the minimum isolation distance of two miles (as referenced in subsection (1)(a) of this section), must comply with all of the following conditions:
(a) The agreement must be signed by authorized representatives of the contractors for the Brassica seed crops grown for planting, and by the growers of Brassica seed crops grown for fuel or oil. If one or more of the affected Brassica seed crops for planting is not being produced under contract, or if the contractor waives signature authority for this agreement, the grower of the crop must enter into the agreement instead.
(b) The agreement must, at a minimum, specify:
• The date of the agreement;
• The approximate dates during which the affected crops will be in the field;
• The name, business name (if applicable), telephone number and address of each affected grower;
• The location and acreage of each planting affected by the agreement;
• The contractor (if applicable) for each location; and
• Brassica seed crop species and variety for each location.
(c) These written agreements cannot extend beyond one harvest per agreement.
(d) Copies of the written agreement must be retained by each person who signs it for a minimum of three years.
(3) Pinning for Brassica seed crops intended to produce seed for planting starts each year on the first business day after January 31 for summer annual species or varieties (such as mizuna and Chinese cabbage) and on the first business day after May 31 for overwintered species or varieties (such as cabbage, broccoli, and turnip). Pinning for Brassica seed crops to produce seed intended for oil or fuel starts the first business day after June 30.
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(1) Brassica seed production in Brassica seed production district 2A is limited primarily to production of any species of Brassica seed for planting. Within Brassica seed production district 2A, Brassica seed crops intended for oil or fuel production may only be planted or grown under conditions of a Brassica production agreement, as described in RCW 15.51.040.
(2) Brassica seed production in Brassica seed production district 2B includes production of any species of Brassica seed for planting, oil or fuel production.
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