WSR 10-17-027



[ Filed August 9, 2010, 10:01 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-13-115.

Title of Rule and Other Identifying Information: The department is proposing to modify the prohibited contaminants list for the quality timothy seed program to include all of the silene species in the Caryophyllaceae family.

Hearing Location(s): Washington State Department of Natural Resources, Main Conference Room, 713 East Bowers Road, Ellensburg, WA 98926, on Wednesday, September 22, 2010, at 11:00 a.m.

Date of Intended Adoption: October 6, 2010.

Submit Written Comments to: Teresa Norman, Washington State Department of Agriculture (WSDA), P.O. Box 42560, Olympia, WA 98504-2560, e-mail, fax (360) 902-2043, by 5:00 p.m., September 22, 2010.

Assistance for Persons with Disabilities: Contact the agency receptionist, TTY 1-800-833-6388.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to address issues raised by the timothy hay growers and timothy seed distributors of Washington. These issues revolve around the fact that currently white cockle and bladder campion are the only silene species declared detrimental contaminant. Currently, white cockle and bladder campion are the only declared detrimental silene contaminants although there are other closely related silene species that have the same detrimental impact on timothy hay production.

Reasons Supporting Proposal: High quality seed is paramount for the Timothy hay industry. The fact that there have been weed species identified that are closely related to weed species already listed are detrimental to Timothy hay production is of concern to the industry. The plants of these other species resemble white cockle so closely that they are often mistaken as such. Yet if these other species are identified in a seed test for the quality timothy program, the seed lot would qualify. It is the desire of the Timothy hay industry to have these other species included as detrimental contaminants.

Additionally, since this proposal is specific to the quality timothy program there will be no impact [to] other seed crops and therefore, would not impact the commerce of said seeds.

Statutory Authority for Adoption: Chapters 15.49 and 34.05 RCW.

Statute Being Implemented: Chapter 15.49 RCW.

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

Name of Proponent: Organization of Kittitas County Timothy Hay Growers and Suppliers, private; and WSDA, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Victor Shaul, Yakima, Washington, (509) 249-6940; and Enforcement: Fawad Shah, Yakima, Washington, (509) 249-6959.

No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires an agency to prepare a small business economic impact statement (SBEIS) for proposed rules that impose a more than minor cost on the businesses in an industry. Information provided to the department from members of the timothy hay industry and timothy seed distributers indicated that the current practice is that if any silene species are disclosed on the test report for the quality timothy program, they will not purchase that lot. With that in mind there will be no economic loss to the wholesale seed companies. The concern is that the department would tag these lots as eligible for the quality timothy program and at some point one of these lots will end up being sold as quality timothy seed and planted for hay production. When this happens there will be a net economic loss to the industry. With these factors taken into consideration the department has concluded that this proposal will not impose cost to industry and will in fact have the opposite impact of preventing economic harm. Therefore, the department has concluded that the timothy seed industry does not consider the costs imposed by this proposal to be "more than minor" and therefore, has not prepared a formal SBEIS.

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).

August 3, 2010

Jim Quigley

for Brad Avy



AMENDATORY SECTION(Amending WSR 08-23-055, filed 11/14/08, effective 12/15/08)

WAC 16-302-755   Standards for quality timothy seed.   (1) Seed standards for quality timothy grass seed are as follows:

Minimum Purity Minimum Viability by Germination or TZ Test Maximum Other Crop* Maximum Weed**
Timothy seed 97% 85% 0.2% .02%
Purity component percentages are based on 1 gram sample size as prescribed by the AOSA rules.

* Must be free of ryegrass, orchardgrass, Agrostis sp., Poa sp., brome, reed canarygrass, tall fescue, and meadow foxtail.
Must be free of the above listed contaminants based upon a 50 gram examination.

** Must be free of alfilaria (redstem filaree), bromus sp., Chickweed including all other species in the Caryophyllaceae family, Henbit, Poa sp., wild carrot, and prohibited noxious weeds listed in WAC 16-301-045 and restricted noxious weeds listed in WAC 16-301-050.
Must be free of the above listed contaminants based upon a 50 gram examination.

(2) A quality timothy seed analysis certificate is the basis of determining if a lot meets the quality timothy seed standards. This certificate is issued by the certifying agency and represents a purity test, a 50 gram noxious, all weed, all crop exam, and a viability test.

(3) Seed meeting quality timothy seed standards will be tagged with a "quality timothy seed" tag.

[Statutory Authority: Chapters 15.49 and 34.05 RCW. 08-23-055, 16-302-755, filed 11/14/08, effective 12/15/08.]

Washington State Code Reviser's Office