WSR 15-03-040 PROPOSED RULES DEPARTMENT OF AGRICULTURE [Filed January 12, 2015, 3:53 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-22-093.
Title of Rule and Other Identifying Information: Quality orchardgrass seed certification under chapter 16-302 WAC. In response to a petition for rule making received from industry, the department is proposing to add orchardgrass to the quality seed certification program.
Hearing Location(s): WSDA Building, Room 238, 21 North First Avenue, Yakima, WA 98902, on February 25, 2015, at 11:00 a.m.
Date of Intended Adoption: March 11, 2015.
Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2043, by 5:00 p.m., February 25, 2015.
Assistance for Persons with Disabilities: Contact the agency receptionist by calling TTY 1-800-833-6388 or 711 no later than February 11, 2015.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal will establish quality seed standards for orchardgrass, which will allow orchardgrass hay producers to select seed lots that are free from contaminates detrimental to orchardgrass hay production.
Reasons Supporting Proposal: This proposal is supported by members of the seed industry, the hay industry and the Organization of Kittitas County Timothy Hay Growers as this proposal will allow for selection of orchardgrass seed lots free from detrimental contaminants.
Statute Being Implemented: Chapter 15.49 RCW, Seeds.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Casey Kilts, Bailey Seed Company, private.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Victor Shaul, Yakima, (509) 249-6950.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement was not prepared as this proposal will actually allow for a net profit for lots meeting the quality seed standards rather than creating a cost.
A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency in RCW 34.05.328 (5)(a)(i).
January 12, 2015
Brad J. Avy
Assistant Director
Quality Orchardgrass Seed and Quality Timothy Seed Program
AMENDATORY SECTION (Amending WSR 14-20-050, filed 9/25/14, effective 10/26/14)
WAC 16-302-740 Standards for quality orchardgrass seed and quality timothy seed certification.
(1) The general seed certification definitions and standards found in WAC 16-302-005 through 16-302-130, the grass seed certification standards found in WAC 16-302-320 through 16-302-390, and the requirements found in WAC 16-302-745 through ((16-302-755)) 16-302-756 constitute the standards for quality orchardgrass seed and quality timothy seed certification.
(2) Fees for quality orchardgrass seed and quality timothy seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.
AMENDATORY SECTION (Amending WSR 08-23-055, filed 11/14/08, effective 12/15/08)
WAC 16-302-745 Seed certification requirements.
(1) In order for a seed lot to be eligible for quality orchardgrass seed or quality timothy seed certification ((it)), the seed lot must meet field and seed certification standards as defined in WAC 16-302-330 through 16-302-385.
(2) For ((a)) an orchardgrass seed or timothy seed lot that has already been certified, a copy of the certification tag must be submitted as proof of certification.
AMENDATORY SECTION (Amending WSR 08-23-055, filed 11/14/08, effective 12/15/08)
WAC 16-302-750 Official sampling requirements.
The seed test for the quality orchardgrass seed and quality timothy seed program must be conducted on an officially drawn sample taken in accordance with WAC 16-302-090.
AMENDATORY SECTION (Amending WSR 14-20-050, filed 9/25/14, effective 10/26/14)
WAC 16-302-755 Standards for quality timothy seed.
(1) Seed standards for quality timothy grass seed are as follows:
(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.
NEW SECTION
WAC 16-302-756 Standards for quality orchardgrass seed.
(1) Seed standards for quality orchardgrass seed are as follows:
(2) A quality orchardgrass seed analysis certificate is the basis of determining if a lot meets the quality orchardgrass 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 orchardgrass seed standards will be tagged with a "quality orchardgrass seed" tag.
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