WSR 10-19-060



[ Filed September 14, 2010, 2:53 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-13-168.

Title of Rule and Other Identifying Information: WAC 16-302-685 Small grains standards for seed certification.

Hearing Location(s): Marcus Whitman Hotel and Conference Center, 6 West Rose Street, Walla Walla, WA 99362, on November 15, 2010, at 10:30 a.m.

Date of Intended Adoption: December 1, 2010.

Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504-2560, e-mail, fax (360) 902-2043, by 5 p.m. on November 16, 2010.

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: This proposal modifies the seed certification standards to allow triticale as an acceptable contaminant in certified grain seed. The proposed rate is the equivalent of 1/2 seed per pound. This proposal also sets criteria for the guidelines for reinspection of foundation seed fields when triticale is found as a contaminant.

Reasons Supporting Proposal: As requested by the Washington State Crop Improvement Association, this rule proposal will treat triticale as another crop instead of an undesirable contaminant. Triticale seed production is higher than barley seed production, indicating that triticale is an important seed and agricultural crop in Washington. With increased production, the possibility of triticale contaminating another grain seed lot becomes a greater possibility. The newer triticale varieties do not have the detrimental impact of the original hybrid, thus the harm of minimal contamination simply does not exist as it once did. A minimal amount of contamination does not negatively economically impact the value of the resulting grain crop. This proposal will allow for triticale seed production by Washington companies that is currently done in Oregon and Idaho to be done in Washington. This will provide increased opportunities for Washington seed producers and will decrease production costs by reducing shipping and traveling costs. Additionally this proposal will preserve the premium value of a wheat seed lot that has a minimal amount of triticale contamination.

Statutory Authority for Adoption: Chapters 15.49, 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: Washington State Crop Improvement Association, 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 amendment proposal does not impose any additional costs upon the seed industry. There are no new inspection procedures or laboratory testing associated with this proposed rule making. The Washington state department of agriculture (WSDA) concludes that this rule making does not impose any new costs upon the seed industry 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. WSDA is not a listed agency in RCW 34.05.328 (5)(a)(i).

September 14, 2010

Brad J. Avy

Assistant Director


AMENDATORY SECTION(Amending WSR 10-08-028, filed 3/31/10, effective 5/1/10)

WAC 16-302-685   Small grains standards for seed certification.   (1) Land, isolation, and field standards for small grains (barley, oat, rye, triticale, and wheat) seed certification are:















Foundation 2((*)) a 90 same genus((**)) b

3 different genus

None found None found((***)) c None foundd None found
Registered 1((*)) a 10 same genus

3 different genus((**)) b

1/148,000 1/148,000((***)) c None foundd 5
Certified 1((*)) a 10 same genus

3 different genus((**)) b

1/49,000 1/49,000((***)) c None foundd 5

((*)) a Waived if the previous crop is grown from an equal or higher certified class of seed of the same variety.
((**)) b Each rye field for certification must be isolated by three feet from fields producing a certified class of the same variety, and by six hundred sixty feet from other rye fields. Each triticale field for certification must be isolated by three feet from fields producing a certified class of the same variety, and by three hundred feet from other triticale, rye and wheat fields for foundation and registered class, and ten feet for certified class, unless otherwise stated by the plant breeder.
((***)) c Refers to other small grains, except that no rye or triticale is permitted in barley, oat, or wheat; and no vetch is permitted in barley, oat, rye, triticale, or wheat.
d Only one reinspection is allowed for foundation fields when triticale is found in the first inspection. Additional inspections are allowed if the field is downgraded to the registered or certified class.

(2) Small grains - seed standards:

For CLEARFIELD varieties: For all classes - each lot must pass the CLEARFIELD Confirm test by bioassay or PCR as defined by the trait owner. The CLEARFIELD Confirm test verifies that the seed is resistant to the Imazamox herbicide.

Class Foundation Registered Certified
Pure seed (min.) 98% 98% 98%
Inert (max.) 2% 2% 2%
off-type(((*))) a (max.) None found 2/lb 4/lb
Other small

grain(((*))) excluding triticalea (max.)

None found



Triticale allowed in wheatf None found None found 1/1000 grams
Triticale allowed in oats and barley None found None found 1/lb
Other crop(((**))) b (max.) None found 0.03% 0.05%
Weed seed (max.) 0.01% 0.01% 0.03%

weed seed(((***))) c (max.)

None found

None found


Wild oat (max.) None found None found None found

(((****))) d

Viability(((*****))) e (min.) 85% 85% 85%

(((*))) a The combination of other small grain and off-type must not exceed 2/lb for registered class, and 4/lb for certified class. The tolerance for rye ((or triticale,)) is none found in barley, oat, or wheat. The tolerance for rye is none found in triticale. The tolerance for triticale is none found in rye.
(((**))) b Excluding off-type and other small grain. No vetch is allowed in small grain seed.
(((***))) c Excluding wild oat.
(((****))) d 1/lb for certified class oat.
(((*****))) e A certification certificate is issued upon receipt of either an official AOSA tetrazolium or germination test which meets minimum Washington viability standards. NOTE: State and federal seed laws require seed be labeled based on a germination test.
f In wheat, the foundation standard is based on a 1000 gram crop exam. The registered standard is based on a 500 gram crop exam. The certified standard is based on a 500 gram crop exam. If one triticale seed is found in 500 grams, a second 500 gram crop exam is required for a total 1000 gram crop exam. No triticale is allowed in the second 500 grams with the total standard of 1 triticale seed per 1000 grams allowed.

Note: For all classes the purity analysis is based on 100 grams examined. For registered and certified classes, noxious weed, vetch, off-type, and other small grain determinations are based on 500 grams examined except as allowed in footnote f of this subsection. For foundation class, noxious weed, vetch, off-type, and other small grain determinations are based on 1000 grams examined.

[Statutory Authority: Chapters 15.49 and 34.05 RCW. 10-08-028, 16-302-685, filed 3/31/10, effective 5/1/10. Statutory Authority: RCW 15.49.370(3), 15.49.310 and chapter 34.05 RCW. 04-06-018, 16-302-685, filed 2/23/04, effective 3/25/04. Statutory Authority: Chapters 15.49 and 34.05 RCW. 02-12-060, 16-302-685, 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, 16-302-685, filed 12/4/00, effective 1/4/01.]

Washington State Code Reviser's Office