WSR 18-08-079
[Filed April 4, 2018, 8:10 a.m.]
Subject of Possible Rule Making: Chapter 16-301 WAC, General seed regulations, and chapter 16-302 WAC, General rules for seed certification. The department is considering amending these chapters as follows:
Adding Palmers amaranth to the prohibited noxious weed seed list in WAC 16-301-045 and the seed certification prohibited noxious weed seed list in WAC 16-302-100;
Changing phytosanitary field inspection and seed certification application due dates for perennials and stecklings or transplants in WAC 16-301-220 and 16-302-050; adding definitions for previously undefined terms in WAC 16-301-005;
Revising the language to increase clarity and readability and to conform to current industry practices; and
Correcting errors in seed standards for prairie sand-reed in WAC 16-302-470.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and chapter 34.05 RCW.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish:
Protection of Washington's Palmers amaranth weed-free status: Palmers amaranth, not currently on the prohibited noxious weed lists, could potentially enter Washington state in seed lots originating from outside the state. This would jeopardize Washington state's weed-free status for this herbicide-resistant, difficult-to-control weed, and adding it to the noxious weed lists increases protections against it.
Due to a shift in crop maturity timing, it is important for applications to be received sooner in the growing season. This allows a longer inspection window at the optimal time. It also allows industry a longer opportunity to correct issues with a field before harvest and to allow for inspections. Since all but new plantings of perennial crops are already in the ground well before the current deadline of June 1, changing the phytosanitary field inspection and seed certification application due dates for these crops to an earlier date would allow these crops to be inspected earlier. Since stecklings or transplants can be planted at times when planting seed may not be practical, changing the due date so it relates to the planting date would allow them to be inspected at a more appropriate time in their growth cycle.
Adding definitions and revising outdated language while better comporting to Association of Official Seed Certifying Agencies standards and current industry practices would improve clarity and readability.
Correcting errors in existing seed standards for prairie sand-reed eliminates confusion.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department will provide notice to the state noxious weed control board of the proposed addition of Palmers amaranth to WAC 16-301-045 and 16-302-100.
Process for Developing New Rule: Department staff will discuss any proposed amendments with affected stakeholders, including the Washington State Crop Improvement Association, the Columbia Basin Vegetable Seed Growers Association, and individual seed companies that may be affected. Affected stakeholders will also have an opportunity to submit written comments on the proposed rules during the public comment period and will be able to present oral testimony at the public hearing.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jeff Larsen, 1111 Washington Street S.E., Olympia, WA 98504, phone 360-902-1960, fax 360-902-2085, TTY 800-833-6388, email, web site; or Victor Shaul, 21 North 1st Avenue, Suite 203, Yakima, WA 98902, phone 509-249-6950, fax 509-454-4395, TTY 800-833-6388, email, web site
April 4, 2018
Jason Ferrante
Assistant Director