WSR 00-24-077

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed December 4, 2000, 2:45 p.m. ]

Date of Adoption: November 30, 2000.

Purpose: This rule provides general regulations for the seed program at the Department of Agriculture. As required by the governor's executive order on regulatory improvement and agency policy, the proposed rule is updated and rewritten in a clear and usable format. Existing chapters of rules will be repealed and the significant language in those chapters is revised into three new proposed chapters of rules for the seed program, chapters 16-301, 16-302, and 16-303 WAC.

Citation of Existing Rules Affected by this Order: Repealing chapters 16-300, 16-304, 16-313, 16-316, 16-317, 16-318, 16-493, 16-494, and 16-495 WAC.

Statutory Authority for Adoption: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3).

Other Authority: Chapter 17.24 RCW.

Adopted under notice filed as WSR 00-20-075 and 00-20-076 on October 3, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 3, Amended 0, Repealed 9.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 3, Amended 0, Repealed 9. Effective Date of Rule: Thirty-one days after filing.

December 1, 2000

Jim Jesernig

Director

OTS-4222.3

Chapter 16-301 WAC

GENERAL SEED REGULATIONS


NEW SECTION
WAC 16-301-005   General seed standards -- Definitions.   Definitions for terms used in this chapter and in chapters 16-302 and 16-303 WAC may be found in chapter 15.49 RCW, seed. For the purposes of these chapters, the following definitions shall apply unless otherwise provided for in law or rule:

     "Agricultural seed" as defined in RCW 15.49.011(2) includes grass, forage, cereal, oil, fiber, and other kinds of crop seeds commonly recognized within this state as agricultural seeds, lawn seeds, and combination of such seeds, and may include common and restricted noxious weed seeds but not prohibited noxious weed seeds.

     "AOSA" means the Association of Official Seed Analysts.

     "AOSCA" means the Association of Official Seed Certifying Agencies.

     "Approved trial grounds" means a specific parcel of land approved by the director for experimental or limited production or increase of bean seed.

     "Arbitration committee" means the committee established by the director under RCW 15.49.101 to hear and make determinations in mandatory, nonbinding, arbitration cases.

     "Bean" means common beans and adzuki beans.

     "Blend" as defined in RCW 15.49.011(3) means seed consisting of more than one variety of a species, each in excess of five percent by weight of the whole.

     "Blending" as related to this chapter shall be the process of commingling two or more lots of seed to form one lot of uniform quality.

     "Buyer" means a person who purchases seeds.

     "Chairperson" means the person selected by the arbitration committee from among their numbers to preside.

     "Certifying agency" as defined in RCW 15.49.011(5) means:

     (a) An agency authorized under the laws of any state, territory, or possession to certify seed officially and which has standards and procedures approved by the United States secretary of agriculture to assure the genetic purity and identity of the seed certified; or

     (b) An agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed-certifying agencies under (a) of this subsection.

     "Common bean" means Phaseolus vulgaris L.

     "Complete record" means information which relates to the origin, treatment, germination and purity (including variety) of each lot of seed. Records include seed samples and records of declaration, labels, purchases, sales, cleaning, bulking, treatment, handling, storage, analyses, tests and examinations.

     "Dealer" as defined in RCW 15.49.011(7) means any person who distributes seeds.

     "Department" as defined in RCW 15.49.011(8) means the Washington state department of agriculture or its duly authorized representative.

     "Director" as defined in RCW 15.49.011(9) means the director of the department of agriculture.

     "Field standards" means the tolerances permitted as determined by established field inspection procedures.

     "Fiscal year" means the twelve-month period July 1 through June 30.

     "Flower seeds" as defined in RCW 15.49.011(11) include seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts, and commonly known and sold as flower seeds in this state.

     "Germination" as defined in RCW 15.49.011(13) means the emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, are indicative of the ability to produce a normal plant under favorable conditions.

     "Interagency certification" means the participation of two or more official certifying agencies in performing the services required to certify the same lot or lots of seed.

     "Isolation standards" means the distance in feet from any contaminating source (i.e., distance from other fields of same species).

     "Label" as defined in RCW 15.49.011(18) includes a tag or other device attached to or written, stamped, or printed on any container or accompanying any lot of bulk seeds purporting to set forth the information required on the seed label by chapter 15.49 RCW, and may include other information including the requirement for arbitration.

     "Land standards" means the number of years that must elapse between the destruction of a stand of a kind, and establishment of a stand of a specified class of a variety of the same kind (i.e., number of years out of production of same crop kind).

     "Mixture, mixed or mix" as defined in RCW 15.49.011(22) means seed consisting of more than one species, each in excess of five percent by weight of the whole.

     "Nursery" means an area of two acres or less in which grass for seed production is seeded in rows with twenty-four inch minimum spacing to facilitate roguing.

     "O.E.C.D." means the Organization for Economic Cooperation and Development certification scheme.

     "Off-type" means a plant or seed which deviates in one or more characteristics from that which has been described as being usual for the strain or variety.

     "Official certificate" means a document issued by an official testing agency including but not limited to seed certification tags, bulk seed certification certificates, phyto-sanitary certificates, laboratory sanitary certificates, and other letters, tags, stamps, or similar documents certifying seed quality or condition.

     "Official sample" as defined in RCW 15.49.011(23) means any sample taken and designated as official by the department.

     "Official seed laboratory" means a seed testing laboratory approved by the director, such as, but not limited to, Washington State Seed Laboratory, 21 N 1st Avenue, Yakima, Washington; and Oregon State Seed Laboratory, Oregon State University, Corvallis, Oregon.

     "Origin" means the county within the state of Washington, or the state, territory, or country where a specific seed lot was grown.

     "Person" as defined in RCW 15.49.011(26) means an individual, partnership, corporation, company, association, receiver, trustee or agent.

     "Proprietary variety" means that crop variety for which a person has exclusive production and/or marketing rights.

     "Representative sample" means a sample drawn in accordance with sampling procedures adopted in WAC 16-301-095.

     "Seeds" as defined in RCW 15.49.011(33) means agricultural or vegetable seeds, or other seeds as determined by rules adopted by the department. The word seed or seeds as used in this chapter shall include all propagating materials.

     "Seed labeling permit" means a permit issued by the department pursuant to RCW 15.49.400 to a person labeling seed for distribution in this state.

     "Seed program advisory committee" means a committee of representatives from the small grains, pea, lentil, bean, vegetable, small seeded legumes, and grass seed industries selected by the program manager in consultation with the industry.

     "Seed standards" means the tolerances permitted as determined by established seed inspection procedures.

     "Serology" means precipitation, agglutination, immunodiffusion, or labeled antibody test methods (such as ELISA) that use the specificity of antigen-antibody reactions to detect and identify antigenic substances and the organisms such as viruses and bacteria that carry viruses.

     "Stock seed" means breeders, prebasic, or like initial generation of seed.

     "Sudangrass" means Sorghum bicolor x drummondii.

     "University" means the Washington State University.

     "USDA" means the United States Department of Agriculture.

     "Vegetable seeds" as defined in RCW 15.49.011(38) include the seeds of all crops that are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this state.

     "WSCIA" means the Washington State Crop Improvement Association.

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NEW SECTION
WAC 16-301-010   What publications are adopted in chapters 16-301, 16-302, and 16-303 WAC and where can they be obtained?   (1) The AOSCA rules and procedures for certification adopted in the year 2000. A copy may be obtained by writing; AOSCA, 600 Watertower Lane, Suite D, Meridian, Idaho 83642-6286.

     (2) The AOSA rules for testing seed adopted in the year 2000. A copy may be obtained by contacting the administrative office for AOSA at McBride and Associates, Inc., P.O. Box 80705, Lincoln, NB 68501-0705.

     (3) The Federal Seed Act and Code of Federal Regulations (CFR) Part 201 as revised January 1, 1998. A copy may be obtained by writing to the USDA, AMS, Washington, D.C. 20250.

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NEW SECTION
WAC 16-301-011   What are the functions of the seed program advisory committee?   The seed program advisory committee shall meet at least annually and make recommendations to the department regarding the objectives of the seed program. The review should include a review of the regulatory activities and program expenditures.

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PART 1 - SEED LABELING
NEW SECTION
WAC 16-301-015   Seed labeling requirements for agricultural, vegetable, and flower seeds.   (1) Each container of agricultural, vegetable or flower seeds, that is sold, offered or exposed for sale, or transported within this state for sowing purposes, must bear or have attached to the container a plainly written or printed label or tag in the English language; and

     (a) The label provides information required in WAC 16-301-060 through 16-301-085 on treated seeds in addition to the information required in subsection (2) of this section; and

     (b) The label is placed in a conspicuous manner on the seed container; and

     (c) The printed label or tag is not modified or denied in the labeling or on any label attached to the seed container.

     (2) Each container of agricultural, vegetable or flower seeds, that is sold, offered or exposed for sale, or transported within this state for sowing purposes must bear "Requirement for arbitration - The Washington State Seed Act, chapter 15.49 RCW, requires mandatory arbitration of disputes involving allegedly defective seed. See chapter 16-301 WAC or contact the Washington State Department of Agriculture, Seed Program, (509) 225-2630," on:

     (a) The analysis tag; or

     (b) A separate tag or label attached securely to each container; or

     (c) Printed in a conspicuous manner on the side of each container; or

     (d) Alternate wording may be approved in writing by the department to meet the needs of the industry.

     (3) Except for grass seed mixtures, and hybrids that contain less than ninety-five percent hybrid seed, the label for agricultural seeds must contain the following information:

     (a) The name of the kind and variety of each agricultural seed present in excess of five percent of the whole and the percentage by weight of each or if the variety is not listed with the certifying agency, the name of the kind and the words, "variety not stated." Hybrids must be labeled as hybrids; and

     (b) The lot number or other lot identification; and

     (c) The origin state or foreign country, if known. If the origin is not known, that fact shall be stated on the label; and

     (d) The percentage, by weight, of all weed seeds present. The maximum weed seed content may not exceed two percent by weight; and

     (e) The name and rate of occurrence in seeds per pound of each kind of restricted noxious weed seed present; and

     (f) The percentage by weight of agricultural seeds, which may be designated as "crop seeds," other than those required to be named on the label; and

     (g) The percentage by weight of inert matter; and

     (h) The percentage of seed germination, exclusive of hard seed, and the percentage of hard seed, if present, or "total germination and hard seed" as a single percentage; and

     (i) The calendar month and year the seed germination test was completed to determine such percentages; and

     (j) The name and address of the person who labels, sells, offers, or exposes for sale seed within this state.

     (4) For seed that is coated the label must also contain the following:

     (a) The percentage of pure seed with coating material removed;

     (b) The percentage of coating material shown as a separate item in close association with the percentage of inert material;

     (c) The percentage of germination as determined on four hundred coated seed pellets, with or without seeds.

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NEW SECTION
WAC 16-301-020   Other labeling requirements for small grain, field pea, lentil, and/or soybean seed.   In addition to the information required on the label in WAC 16-301-015, the following requirements also apply:

     (1) Small grain seed - labels for small grain seed must include the following information:

     (a) Each variety (e.g., Nugaines), whether the variety is typically a winter or spring sown variety, and kind (e.g., wheat); or may not be shown if the label conspicuously shows the words "typical sowing season not stated";

     (b) A tetrazolium test may be used in lieu of germination if the label states "Tetrazolium. . .%," and that a germination test of the lot is in process and shall be made available to the purchaser when completed. The label shall also show the calendar month and year the tetrazolium test was completed.

     (2) Small grain, field pea, lentil, and/or soybean seed - the following shall apply for labeling of small grain, field pea, lentil, and/or soybean seed:

     (a) When seed is distributed in bulk the required label information must be on the invoice or other document accompanying the distribution of the seed;

     (b) The seed labeling registrant may provide the required label information as a guaranteed analysis at the time of distribution if the label, invoice, or other document accompanying the seed states "guaranteed analysis," and the results of a purity and germination test of a representative sample are made available to the purchaser no later than thirty days following the initial distribution of the lot;

     (c) Seed held in storage for bulk distribution or invoice labeling, shall be plainly identified on the storage unit(s) with the required label information;

     (d) Small grain, field pea, lentil, and/or soybean seed is deemed mislabeled if the seed contains restricted noxious weed singly or collectively in excess of 100 per pound.

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NEW SECTION
WAC 16-301-025   Special requirements for labeling of vegetable and flower seed as prepared for use in the home.   In addition to the information required on the label in WAC 16-301-015, the following requirements also apply to vegetable and flower seed as prepared for use in home:

     (1) Vegetable seeds in packets or preplanted devices - labeling for vegetable seeds in packets as prepared for use in home gardens or household plantings or vegetable seeds in preplanted containers, mats, tapes, or other planting devices must include the following information:

     (a) The year in which the seed was packed for sale as "packed for planting in. . ." or the percentage germination and the calendar month and the year the test was completed to determine that percentage;

     (b) Label for seeds which germinate less than the standard established under the provisions of chapter 15.49 RCW must include the following:

     (i) Percentage of germination, exclusive of hard seed;

     (ii) Percentage of hard seed, if present;

     (iii) The words "below standard" in not less than eight-point type;

     (c) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quality of seed without removing the seed from the medium, mat, tape or device, a statement to indicate the minimum number of seeds in the container.

     (2) Vegetable seeds in containers - the labeling requirements for vegetable seeds in containers, other than packets prepared for use in home gardens or household plantings and other than preplanted containers, mats, tapes, or other planting devices, is considered met if the seed is weighed from a properly labeled container of more than one pound in the presence of the purchaser.

     (3) Flower seeds in packets or preplanted devices - labeling for flower seeds in packets prepared for use in home gardens or household plantings or flower seeds in preplanted containers, mats, tapes, or other planting devices must include the following information:

     (a) For all kinds of flower seeds:

     (i) The name of the kind and variety or a statement of the kind and performance characteristics as prescribed in chapter 15.49 RCW and rules adopted thereunder;

     (ii) The calendar month and year the seed was tested or the year for which the seed was packaged;

     (b) Labels for seeds of those kinds for which standard testing procedures are prescribed and which germinate less than the germination standard established under the provisions of chapter 15.49 RCW must include the following:

     (i) The percentage of germination exclusive of hard seeds;

     (ii) The words "below standard" in not less than eight-point type.

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NEW SECTION
WAC 16-301-030   Exemptions for small grain, field pea, lentil and/or soybean seed.   (1) Small grain, field pea, lentil, and/or soybean seed distributed in packaged form to a wholesaler or a commercial grower for the grower's own use and accompanied by an invoice or other document containing the labeling information required in this chapter may attach labels containing information required in treated seed label requirements listed in WAC 16-301-060 through 16-301-085; and the net weight of the seed if the purchaser has knowledge of, and consents to, the invoice labeling. Small grain seed labels must also contain information in WAC 16-301-020 (1)(a).

     (2) When small grain, field pea, lentil, and/or soybean seed is needed for immediate planting, a purchaser may waive the seed analysis information requirement for the purchase by completion of the following waiver:


CUSTOMER WAIVER AFFIDAVIT
Date . . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
(Seed Dealer's Name and Address)
     I, . . . . . ., because of an emergency need for . . . . . . seed, am waiving my rights as provided in RCW 15.49.021 to receive the germination and purity information required in chapter 16-301 WAC on lot(s) . . . . . . purchased on . . . . . . : Provided, That within thirty days, . . . . . . the supplier provides the above information to me in writing.
. . . . . . . . . . . .
(Customer's Signature)

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NEW SECTION
WAC 16-301-035   Labeling requirements for agricultural and vegetable hybrid seed that contains less than ninety-five percent hybrid seed.   The labeling for agricultural and vegetable hybrid seed that contains less than ninety-five percent hybrid seed must include the following:

     (1) The lot number or other lot identification.

     (2) The origin state or foreign country, if known. If the origin is not known, that fact must be stated.

     (3) The kind or variety labeled as "hybrid" except that varieties in which pure seed contain less than seventy-five percent hybrid seed may not be labeled as hybrids.

     (4) The percent which is hybrid labeled parenthetically in direct association following named variety; i.e., Comet (eighty-five percent hybrid).

     (5) The calendar month and year of a germination test of pure live seed or the year in which the seed was packaged.

     (6) The percentage by weight of inert matter.

     (7) The percentage, by weight, of all weed seeds present. The maximum weed seed content may not exceed two percent by weight.

     (8) The name and address of the person who labels seed, or sells, offers, or exposes the seed for sale within this state.

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NEW SECTION
WAC 16-301-040    Labeling -- Requirements for seed mixtures for lawn and/or turf purposes.   The labeling of seed mixtures for lawn or turf purposes must include the following:

     (1) The lot number or other lot identification.

     (2) The origin state or foreign country, if known. If the origin is not known, that fact shall be stated on the label.

     (3) The word "mixed" or "mixture" stated with the name of the mixture.

     (4) The heading "pure seed" and "germination" or "germ" used in the proper places.

     (5) The commonly accepted name of kind or kind and variety of each agricultural seed component in excess of five percent of the whole, and the percentage by weight, in columnar form, of pure seed in order of its predominance.

     (6) The percentage by weight of agricultural seed other than those required to be named on the label which shall be designated as "crop seed," If the mixture contains no crop seed, the statement, "contains no other crop seed," may be used and may be flagged.

     (7) The percentage by weight of inert matter.

     (8) The percentage, by weight, of all weed seeds present. The maximum weed seed content may not exceed two percent by weight.

     (9) For each agricultural seed named under subsection (3) of this section:

     (a) The percentage of germination, exclusive of hard seed.

     (b) The percentage of hard seed, if present.

     (c) The calendar month and year of the most recent test completed to determine such percentages.

     (10) The name and address of the person who labels, or sells, offers, or exposes the seed for sale within this state.

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NEW SECTION
WAC 16-301-045   Prohibited noxious weed seeds.   Prohibited noxious weed seeds are the seeds of weeds which when established are highly destructive, competitive and/or difficult to control by cultural or chemical practices. Seed is deemed mislabeled if the seed consists of or contains any of the prohibited noxious weed seeds listed below. For the purpose of seed certification, see WAC 16-302-100 for the list of prohibited noxious weeds.


ENGLISH OR

COMMON NAME

 BOTANICAL OR

SCIENTIFIC NAME
Austrian fieldcress Rorippa austriaca (Crantz) Bess.
Field bindweed Convolvulus arvensis L.
Hedge bindweed Convolvulus sepium L.
Bladder campion Silene cucubalus
(only in timothy-
Phleum pratense)
Camelthorn Alhagi camelorum Fisch.
Canada thistle Cirsium arvense (L.) Scop.
Hairy whitetop Cardaria pubescens (C.A. Mey.)
Hoary cress Cardaria draba (L.) Desv.
Jointed goatgrass Aegilops cylindrica
(only in small grain)
Knapweed complex
(including bighead, Centaurea macrocephala,
Vochin, Centaurea nigrescens,
black, Centaurea nigra,
diffuse, Centaurea diffusa,
meadow, Centaurea jacea x nigra,
Russian, Centaurea repens,
spotted knapweeds Centaurea maculosa,
Purple starthistle) Centaurea calcitrapa
Leafy spurge Euphorbia esula L.
Perennial pepperweed Lepidium latifolium L.
Perennial sowthistle Sonchus arvensis L.
Quackgrass Elytrigia repens
Serrated tussock Nassella trichotoma
Sorghum perennial such as, but Sorghum spp.
not limited to,

johnsongrass,

sorghum almum, and
perennial sweet

sudangrass
Tansy ragwort Senecio jacobaea L.
Velvetleaf Abutilon theophrasti
White cockle Lychnis alba
(only in timothy-
Phleum pratense)
Yellow-flowering skeleton weed Chondrilla juncea L.
Yellow starthistle Centaurea solstitialis L.

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NEW SECTION
WAC 16-301-050   Restricted noxious weed seeds.   Restricted (secondary) noxious weed seeds are the seeds of weeds which are objectionable in fields, lawns, and gardens of this state, but which can be controlled by cultural or chemical practices. Seed is deemed mislabeled if it consists of or contains any of the restricted noxious weed seeds listed below in excess of the number declared on the label. For the purpose of seed certification, see WAC 16-302-105 for the list of objectionable weeds.


ENGLISH OR

COMMON NAME

 BOTANICAL OR

SCIENTIFIC NAME
Blackgrass Alopecurus myosuroides
Blue lettuce Lactuca tatarica subsp. pulchella
Docks and Sorrel Rumex spp.
Dodder Cuscuta spp.
Dyers woad Isatis tinctoria
Field pennycress Thlaspi arvense
(fanweed)
Field sandbur Cenchrus incertus
Gromwell (only in Buglossoides arvensis
small grain)
Halogeton Halogeton glomeratus C.A. Mey.
Medusahead Taeniatherum
capa-medusa subsp.
caputmedusae
Plantains Plantago spp.
Poverty weed Iva axillaris Pursh.
Puncturevine Tribulus terrestris L.
St. Johnswort Hypericum perforatum L.
Dalmation toadflax Linaria dalmatica (L.) Mill.
Yellow toadflax Linaria vulgaris Hill.
Western ragweed Ambrosia psilostachya DC.
Wild mustard Sinapis arvensis subsp.
arvensis
Wild oat Avena fatua L.

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NEW SECTION
WAC 16-301-055   Tolerances for seed law enforcement.   Tolerances for seed law enforcement shall be in accord with the code of federal regulations, C.F.R. Title 7, Section 201 as revised January 1, 1998 and/or those adopted by the Association of Official Seed Analysts, as amended on October 1, 2000, except for the tolerances for prohibited noxious and restricted noxious weed seed which shall be as the Washington state seed law specifies for labeling.

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TREATED SEED LABELING REQUIREMENTS
NEW SECTION
WAC 16-301-060   Treated seed labeling requirements.   For all seed that meets the definition of treated seed contained in RCW 15.49.011, the Washington State Seed Act, there shall be conspicuously shown on the analysis tag or label, or on a separate tag or label, attached to each container, or printed in a conspicuous manner on the side or top of each container the following:

     (1) A word or statement indicating that the seed has been treated.

     (2) The commonly accepted coined, chemical, or abbreviated chemical (generic) name of the applied substance or description of the process used.

     (3) The information required in WAC 16-301-065 through 16-301-085.

     For bulk seed shipment, the information shall appear on the invoice or other document accompanying and pertaining to each shipment.

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NEW SECTION
WAC 16-301-065   Labeling requirements for seed treated with mercurials and similarly toxic pesticides.   Seeds treated with a mercurial or similarly toxic pesticide, if any amount remains on or in the seed, shall be labeled with the skull and crossbones and a statement such as: "This seed has been treated with POISON," "treated with POISON," "POISON treated," or "POISON" with the word "POISON" in red on a contrasting background. The word "POISON" shall appear in not less than 8 point type, and the skull and crossbones shall not be less than twice the size of the type used for information required to be on the label. In making this determination, the department shall be guided by the labeling registered by the Environmental Protection Agency and/or Washington State Department of Agriculture on the pesticide being used and by the requirements of the Federal Seed Act, as revised January 1, 1998.

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NEW SECTION
WAC 16-301-070   Labeling requirements for seed treated with other pesticides.   Seed treated with pesticides, other than those referred to in WAC 16-301-065, shall be labeled with an appropriate caution statement in not less than eight point type, such as: "Treated seed - do not use for food, feed, or oil purposes" and shall contain other appropriate caution statements as required on the Environmental Protection Agency and/or Washington State Department of Agriculture registered pesticide label of the seed treatment being used.

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NEW SECTION
WAC 16-301-075   Treated seed color requirement.   Seeds of small grains and other products such as peas and beans normally used for feed or for human consumption must, when treated with a pesticide, be colored so as to be readily discernible as having been so treated.

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NEW SECTION
WAC 16-301-080   Labeling requirements for seed treated with inoculates.   If seed is treated with an inoculant, the date beyond which the inoculant is not to be considered effective (date of expiration) shall be shown on the label.

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NEW SECTION
WAC 16-301-085   Examples of minimum label formats for treated seed.   Examples of minimum label formats for treated seed are as follows:

     (1) Mercurial or similarly toxic pesticides:


Treated with
Endrin
POISON (in red) (illus.)

     (2) Other pesticides:


Treated with
Captan
Caution: Treated seed - do not use for food,
feed, or oil.

     (3) Additional information may be shown, such as rate of application, antidote, specific purpose of treatment, etc., provided such information is not false or misleading.

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GERMINATION STANDARDS
NEW SECTION
WAC 16-301-090   Germination standards for vegetable seeds.   The germination standards for vegetable seeds are as follows:


Percent* Percent*
Artichoke 60 Leek 60
Asparagus 70 Lettuce 80
Beans (except Lima) 75 Muskmelon 75
Beans (Lima) 70 Mustard 75
Beets 65 Okra 50
Broccoli 75 Onion 70
Brussels Sprouts 70 Parsley 60
Cabbage 75 Parsnip 60
Carrot 55 Pea 80
Cauliflower 75 Pepper 55
Celery and Celeraic 55 Pumpkin 75
Chicory 65 Radish 75
Citron 65 Rhubarb 60
Collards 80 Rutabaga 75
Corn 75 Salsify 75
Cornsalad 70 Sorrel 60
Cress, garden 40 Spinach (except New
Cress, water 25 Zealand 60
Cucumber 80 Spinach (New
Zealand 40
Dandelion 45 Squash 75
Eggplant 60 Swiss Chard 65
Endive 70 Tomato 75
Kale 75 Tomato, husk 50
Kohlrabi 75 Turnip 80
Watermelon 70

*Including hard seeds when present.

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NEW SECTION
WAC 16-301-095   Sampling -- Administration of the Washington State Seed Act.   (1) The official sampling procedure for sampling all seed is as follows:

     (a) In order to secure a representative sample, equal portions must be taken from evenly distributed parts of the quantity of seed to be sampled. Access must be allowed to all parts of that quantity.

     (b) For free-flowing seed in bags or bulk, a probe or trier is used. For small free-flowing seed in bags, a probe or trier long enough to sample all portions of the bag or container must be used.

     (c) Nonfree-flowing seed, such as certain grass seed, uncleaned seed, or screenings, difficult to sample with a probe or trier, are sampled by thrusting the hand into the bulk and withdrawing representative portions.

     (d) Composite samples must be obtained to determine the quality of a lot of seed, such as the percentages of pure seed, other crop seed, weed seed, inert matter, noxious weed seed, germination, varietal purity, freedom from disease, and effectiveness of seed treatment. Individual bag samples may be obtained to determine whether the seed is of uniform quality.

     (2) Sampling equipment. The trier must be designed so that it will remove an equal volume of seed from each part of the bag through which the trier travels. Unless the trier has partitions in the seed chamber, it must be inserted into the bags horizontally.

     (3) Obtaining representative samples.

     (a) For lots of one to six bags, sample each bag and take a total of at least five cores or handsfull.

     (b) For lots of more than six bags, sample five bags plus at least ten percent of the number of bags in the lot. (Round numbers with decimals to the nearest whole number.) Regardless of the lot size, it is not necessary to sample more than thirty bags.


Examples:
No. bags in lots 7 10 23 50 100 200 300 400
No. bags to sample 6 6 7 10 15 25 30 30

     (c) For sampling bulk seed to obtain a composite sample, take at least as many cores or handsfull as if the same quantity of seed were in bags of an ordinary size. Take the cores or handsfull from well-distributed points throughout the bulk.

     (d) Seed in small containers must be sampled by taking entire unopened container in sufficient numbers to supply a minimum size sample as required in subsection (4) of this section. The contents of a single container or the combined contents of multiple containers of the same lot must be considered representative of the entire lot of seed sampled.

     (4) Minimum weights of seed samples are defined in chapter 16-303 WAC, Schedule of testing, certification and other fees.

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PART 2 - SEED ARBITRATION
NEW SECTION
WAC 16-301-100   Matters subject to mandatory arbitration.   A civil dispute is subject to arbitration under these rules if it involves a claim of damage caused by the failure of any seed covered by the provisions of chapter 15.49 RCW, seeds, to perform as represented on the required label, by warranty, or as a result of negligence. This arbitration is a prerequisite to maintaining a legal action against the dealer of the seed. All the following conditions must be met:

     (1) The parties have not agreed to submit the dispute to arbitration and to be bound by the arbitration award.

     (2) The claim or counterclaim where relief is sought is, or includes, a monetary amount in excess of two thousand dollars.

     (3) Any statutory period of limitations with respect to such claim had not expired.

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NEW SECTION
WAC 16-301-105   Filing of a complaint for arbitration.   To submit a demand for mandatory arbitration, a buyer shall make and file with the director of the department a sworn complaint against the seed dealer.

     (1) Such complaint shall contain:

     (a) A statement setting forth the nature of the claim and damages.

     (b) The dollar amount involved in the claim.

     (c) The remedy sought.

     (2) The complaint must be accompanied by a filing fee of one hundred dollars to cover the costs of processing the complaint.

     (3) The buyer shall send the dealer that is the subject of the complaint a copy of the complaint by registered mail.

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NEW SECTION
WAC 16-301-110   Requirement to respond to complaint.   Within twenty days within receipt of the sworn complaint, the seed dealer shall file an answer to the complaint with the director by United States registered mail.

     (1) If no answer is filed within the stated time:

     (a) It will be deemed that the claim is denied.

     (b) The failure to file a timely response will be recorded and made a part of the official record.

     (2) Failure to file a timely response shall not operate to delay the arbitration process.

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NEW SECTION
WAC 16-301-115   Acceptance of filing by telefax.   Complaints, responses to complaints, counterclaims and other communications from parties to the dispute to the committee may be transmitted electronically by telefax except where this chapter specifically requires transmission by registered mail. Such transmissions shall be regarded with the same validity as if sent by United States mail.

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NEW SECTION
WAC 16-301-120   Arbitration committee.   The director shall create a seed arbitration committee composed of five members, including the director, or a department of agriculture employee as his or her designee, and four members. Four alternates shall also be appointed by the director according to the requirements of RCW 15.49.111.

     (1) Each alternate member shall serve only in the absence of the member for whom the person is an alternate.

     (2) The arbitration committee shall elect a chairperson and a secretary from among its members.

     (a) The chairperson shall conduct meetings and deliberations of the committee and direct its other activities.

     (b) The secretary shall keep accurate records of all meetings and deliberations and perform other duties as assigned by the chairperson.

     (3) The committee shall be called into session at the direction of the director or the chairperson.

     (4) The members of the committee shall receive no compensation for their duties but shall be reimbursed for travel expenses according to established state travel and per diem rates. Expense reimbursement shall be borne equally by the parties to the arbitration.

     (5) A committee member, delegated with investigative responsibilities outside of the hearing under WAC 16-318-395, may not participate in making the final decision and award.

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NEW SECTION
WAC 16-301-125   Referral to arbitration committee.   Within fifteen days of the receipt of the answer or forty-five days of the receipt of a complaint, the director shall refer the claim to the seed arbitration committee established by RCW 15.49.101 for investigation, finding and recommendation. The buyer and seller shall be notified by certified mail:

     (1) That the claim has been submitted to the arbitration committee.

     (2) The names of the members of the arbitration committee and the alternates. Within ten days after receipt of notification from the director, either buyer or seller may petition the director that a member of the arbitration committee be disqualified for cause and replaced by an available alternate member: Provided, That either buyer or seller may petition the director at any time during the process upon discovering facts that establish grounds for disqualification. Such decision shall be solely at the discretion of the director.

     (3) No person may serve on the committee in any arbitration where he or she has a financial or personal interest in the result of the arbitration unless the parties, in writing, waive such disqualification.

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NEW SECTION
WAC 16-301-130   Scheduling of hearing.   The chairperson of the arbitration committee shall fix the time and place for each hearing and shall notify each party in writing of the scheduled hearing at least seven days in advance of the hearing date.

     (1) Such notice shall include:

     (a) The names and addresses of the parties to whom notice has been given.

     (b) The address and telephone number of the chairperson of the arbitration committee.

     (c) The names and addresses of the members of the arbitration committee.

     (d) The date, time, place, and subject of the hearing.

     (e) A statement of the legal authority under which the hearing is being held including the sections of statute and rules involved.

     (2) To the extent possible, the chairperson of the arbitration committee shall attempt to schedule the hearing at a time and place mutually agreeable to the parties: Provided, That if a mutually agreeable time and place cannot be found, the chairperson may set the time and place.

     (3) The chairperson of the committee may allow all or a part of the hearing to be conducted by telephone, or other electronic means when the rights of the parties will not be prejudiced thereby and each party has an opportunity to participate.

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NEW SECTION
WAC 16-301-135   Representation by counsel.   Any party in the arbitration may be represented by counsel. A party intending to be so represented shall notify the other party and the committee chairperson of the name and address of the counsel at least three days in advance of the hearing at which the counsel is first scheduled to appear. When arbitration is initiated on behalf of a buyer by counsel or when a dealer replies through a counsel, such notice shall be deemed to have been given. The director shall make provision for legal support through the office of the attorney general, as requested by the arbitration committee.

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NEW SECTION
WAC 16-301-140   Waiver of oral hearing.   The parties may provide, by written agreement submitted to the chairperson, that the hearing shall be conducted on the pleadings submitted without oral argument or testimony.

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NEW SECTION
WAC 16-301-145   Record of the hearing.   The secretary of the arbitration committee shall maintain summary minutes of the hearing and shall provide for a recording of all oral proceedings. Any party may request copies of all recordings or transcription of testimony. The costs of duplication, transcription and mailing shall be entirely borne by the requesting party.

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NEW SECTION
WAC 16-301-150   Attendance at hearings.   The hearing shall be open to the parties to the dispute and other persons having a financial interest. The committee chairperson shall have the authority to require that any witness or witnesses retire from the hearing during the testimony of other witnesses. The admission of other persons to the arbitration hearing shall be at the discretion of the chairperson of the arbitration committee.

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NEW SECTION
WAC 16-301-155   Committee investigation.   Upon referral of a complaint for investigation to the committee, the arbitration committee shall make a prompt and full investigation by the proceedings specified in this chapter of the matters in the complaint, and report its award to the director within sixty days of such referral, unless the parties in the dispute agree in writing to the chairperson to a later date: Provided, That if the committee decides to grow a representative sample of the seed that sixty-day period shall be extended an additional thirty days.

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NEW SECTION
WAC 16-301-160   Evidence.   The parties may produce such evidence as they desire and such additional evidence as the arbitration committee may deem necessary to understand the dispute and determine an award. The committee shall be the judge of the admissibility and relevance of all evidence offered. Conformity to strict legal rules of evidence shall not be required. All evidence shall be taken in the presence of the parties concerned, except where a party has waived that right or is absent after receiving proper notice.

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NEW SECTION
WAC 16-301-165   Evidence by affidavit.   Evidence may be submitted for consideration of the arbitration committee in the form of witness by affidavit. The committee shall consider such evidence and give to it only such weight as the committee deems appropriate after consideration of any objections made to its admission. All parties shall be entitled to examine such documents and shall be entitled to a copy upon request and payment of duplication and mailing costs.

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NEW SECTION
WAC 16-301-170   Discovery.   Use of discovery is limited in mandatory arbitration cases.

     (1) The following types of discovery may be requested of the arbitration committee:

     (a) Deposition.

     (b) Written interrogatories.

     (c) Request for production of documents.

     (2) The arbitration committee may allow and condition use of discovery on a showing of necessity and an unavailability by other means.

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NEW SECTION
WAC 16-301-175   Arbitration in the absence of a party.   The arbitration may proceed in the absence of any party who, after due notice, fails to be present or fails to request an adjournment or postponement. An award may not be made solely on the failure to appear. The arbitration committee, in these cases, shall require the party who is present to present such evidence or information as the committee deems necessary to determine an award.

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NEW SECTION
WAC 16-301-180   Order of proceedings.   When an oral hearing is held, the order of procedure for conducting arbitration hearings shall be as follows:

     (1) The chairperson shall open the hearing on behalf of the committee stating the place, time and date of the hearing; the members of the arbitration committee and the parties to the arbitration and their counsel, if any; and recital of the buyer's claim, any counterclaim, and the dealer's response, if any.

     (2) The parties shall have the opportunity to present an opening statement.

     (3) The complaining party shall have the opportunity to present the claim for damages, the proof and witnesses and shall submit to questions and other examination by the arbitration committee.

     (4) The defending party shall present the defense and his or her proof including witnesses and shall submit to questions or other examination by the arbitration committee.

     (5) Each party shall have the right of cross-examination.

     (6) The arbitration committee may vary this procedure: Provided, That both parties are provided a full and equal opportunity to present their evidence and proofs.

     (7) The names and addresses of all witnesses shall be recorded and made a part of the record.

     (8) Both parties shall have an opportunity to present a summary statement.

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NEW SECTION
WAC 16-301-185   Expert evidence and performance tests.   The committee may delegate one of its members to seek advice from experts in the seed industry and/or the seed inspection service of the department of agriculture or the Washington State Crop Improvement Association; may cause to be obtained and grow out a representative sample of the seed; may delegate a portion of the investigation to one of its members who reports back to the committee as a whole at the hearing; or may cause to be performed such other tests of seed quality as may be deemed necessary to render a decision. The results of any such investigation or tests shall be entered into the record at the arbitration hearing. The costs of any such tests necessary to determine an award shall be considered in the award.

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NEW SECTION
WAC 16-301-190   Conservation of property.   The chairperson, on behalf of the arbitration committee, may issue such orders as may be deemed necessary to safeguard the seed and/or the crop in the field that is the subject of the dispute without prejudice to the rights of the parties or to the final determination of the dispute.

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NEW SECTION
WAC 16-301-195   Reopening of a hearing.   An arbitration hearing may be reopened by the following:

     (1) The chairperson of the arbitration committee with the assent of a majority of the committee members may reopen a hearing.

     (2) A hearing may be reopened by the chairperson with assent of a majority of the committee upon petition of either party prior to the final committee report.

     (3) A hearing may not be reopened if such action would cause the sixty-day time limit as defined in WAC 16-301-155 (ninety days with a grow out test) to be exceeded without the written consent of both parties.

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NEW SECTION
WAC 16-301-200   Expenses.   The expenses for witnesses for either side shall be borne entirely by the party producing such witnesses. The expenses of expert witnesses deemed necessary by the committee shall be borne by the department according to established state travel and per diem rates. The costs of grow out tests or other tests that may be required that exceed the amount of the filing fee may be allocated by the committee in making the award.

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NEW SECTION
WAC 16-301-205   Arbitration committee report.   The arbitration committee shall prepare a written report of its findings within the established time frames. The report shall include findings of fact and conclusions, the award and allocations as to costs, if any.

     (1) If a quorum is present, a simple majority of the arbitration committee shall be sufficient to make a decision.

     (2) Any member disagreeing with an award may prepare a dissenting opinion and that opinion shall be included in the committee report.

     (3) The report shall be sent to the director.

     The director shall promptly send copies of the report to the parties by registered mail.

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NEW SECTION
WAC 16-301-210   Award upon settlement.   If the parties to a dispute settle that dispute during the course of an arbitration, the committee, at the request of the parties, may set forth the terms of the agreed settlement in the award.

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PART 3 - PHYTO-SANITARY FIELD INSPECTIONS
NEW SECTION
WAC 16-301-215   Definition of a phyto-sanitary certificate.   A phyto-sanitary certificate is a certificate stating that a specific crop was inspected a predetermined number of times and a specified disease was not found; or a certificate is based on area surveillance stating that a specific disease, as far as known, does not occur in the area of production.

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NEW SECTION
WAC 16-301-220   Apply for a phyto-sanitary field inspection.   (1) On an application provided by the department seed program, a person requesting a phyto-sanitary field inspection must provide a list of the disease or diseases for which inspection is requested. Only one kind of crop is permitted on each application. Applications must be submitted to the department seed program before the due date along with the required fees. Refer to chapter 16-303 WAC for the appropriate fees.

     (2) Due dates for phyto-sanitary applications for field inspections are as follows:


(a) Western Washington
(i) Fall plantings . . . . . . . . . . . . April 15
(ii) Spring plantings . . . . . . . . . . . . June 1
(b) Eastern Washington
Fall plantings . . . . . . . . . . . . April 15
(i) Peas in Columbia Basin . . . . . . . . . . . . May 15
(ii) Peas East Highway 395 (Palouse) June 15
(iii) Beans . . . . . . . . . . . . July 1
(iv) All other crops . . . . . . . . . . . . June 1

     (3) Phyto sanitary applications for crops requiring a fall inspection are due 30 days prior to inspection time and not later than September 15.

     (4) To be eligible for Pseudomonas pisi, phyto-sanitary field inspection for peas or other diseases based on area surveillance, the applicant must file a report with the department seed program listing acreage and general location (such as block and unit if possible) prior to May 1.

     (5) Applications received after the due date are assessed a late fee. Acceptance of a late application is at the discretion of the certifying agency.

     (6) Each applicant must submit applications and/or required reports stating diseases for which inspection is to be made and the number of inspections required and/or requested.

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NEW SECTION
WAC 16-301-225   Land and production requirements for a seed phyto-sanitary field inspection.   (1) For a seed field to be eligible for a phyto-sanitary field inspection, the field must:

     (a) Prior to planting a bean field the seed used must be in compliance with the quarantine requirements found in chapter 16-301 WAC in order to be accepted for phytosanitary certification. Any phytosanitary field application submitted without proof of quarantine compliance will not be accepted into the program. Any field planted in violation of chapter 16-301 WAC will be subject to the procedures in WAC 16-301-435, 16-301-440, and 16-301-485.

     (b) Not be planted to the same crop within the past three years if that crop was known to be contaminated with the specific disease or diseases listed in the application for phyto-sanitary field inspection;

     (c) Have clean, cultivated boundaries.

     (2) Excessive weeds, poor stands, lack of vigor, or any other condition which is likely to make inspection inaccurate may be cause for rejection.

     (3) Additional land and/or production requirements for a phyto-sanitary field inspection may be adopted after consultation with industry representative and area specialist for the specific disease and/or crops listed in the phyto-sanitary field inspection application.

     (4) The department may require a laboratory (serology) test and/or a greenhouse test or other testing methods.

     (5) The combined results of a field inspection and laboratory (serology), greenhouse tests and/or other testing methods, when required or available, may be used to determine final eligibility for a phyto-sanitary certificate.

     (6) An official five pound sample is required from each ten thousand pounds of seed or portion thereof for serology testing.

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NEW SECTION
WAC 16-301-230   Phyto-sanitary field inspection requirements for peas.   (1) Specific diseases of peas for which a phyto-sanitary certificate will be issued are:

     (a) Pseudomonas pisi (Sackett);

     (b) Pea seed-borne mosaic virus - based on two field inspections.

     (2) For pea seed to be eligible for a phyto-sanitary certificate stating freedom from Pseudomonas pisi (Sackett) the following applies:

     (a) The seed field must be free of the disease as determined by the department with an area inspection of at least ten percent of the acreage. The department shall conduct a survey of county extension agents, extension pathologists, and plant pathologists at experiment stations and Washington State University.

     (b) The applicant of a phyto-sanitary field inspection desiring production eligible seed must make inspections of the fields throughout the growing season. If symptoms of the disease are found, the finding must be immediately reported to the department seed program.

     (c) At the end of the growing season, but not later than September 1, each applicant must file a report with the department seed program. The report must contain information on the field inspections made by the applicant during the growing season and whether the disease was observed.

     (d) The field must be free of the disease as determined by the department with one field inspection made during the growing stage most optimum for detecting of the disease.

     (3) For pea seed to be eligible for a phyto-sanitary certificate stating freedom from pea seed-borne mosaic virus, the field must be free of the disease as determined by the department with one inspection at two to four weeks after seedling emergence, and a second inspection one to two weeks before dry pod stage.

     (4) The department recommends that breeding nurseries, isolation nurseries, and/or small seed-increase plots be entered for inspection for freedom from Pseudomonas pisi (Sackett).

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NEW SECTION
WAC 16-301-235   Phyto-sanitary field inspection requirements for beans.   (1) Specific bacterial diseases of beans for which phyto-sanitary certificates may be issued are:

     (a) Halo blight - Pseudomonas phaseolicola (Burk.) Dows.

     (b) Common bean blight - Xanthomonas phaseoli (E.F. Sm.) Dows.

     (c) Fuscous blight - Xanthomonas phaseoli var. fuscans (Burk.)

     (d) Bean bacterial wilt - Corynebacterium flaccumfaciens (Hedges) Dows.

     (e) Or any varieties or new strains of these diseases.

     (f) Brown spot disease - Pseudomonas syringae.

     (g) Bean anthracnose - Colletotrichum lindemuthianum.

     (h) Seed-borne viral diseases.

     (2) For beans to be eligible for a phyto-sanitary certificate covering the bacterial diseases listed in subsection (1) of this section the following provisions apply:

     (a) Common bean must be free of the diseases as determined by the department with a field inspection during the growing season and by a windrow inspection. A serology test and greenhouse test may be accepted in lieu of a windrow inspection at the discretion of the department.

     (b) Pintos, red mexicans, pinks, great northerns, small whites, navy beans, and black turtle beans may be grown for an unlimited number of generations under rill or sprinkler irrigation.

     (c) Kidney beans, cranberry types, Taylor horticultural, and Borlotto types may be grown for an unlimited number of generations under rill irrigation or for one generation under rill irrigation and, subsequently, for two generations under sprinkler irrigation. The fourth and unlimited subsequent generations may be grown and inspected with the same alternation of irrigation types.

     (d) A field planted must be free of halo blight the previous two years of planting.

     (e) Seed fields must be 1,320 feet from an incident of disease. The department recommends that equipment be disinfected between fields.

     (3) At least two field inspections of beans are required for bacterial diseases listed in subsection (1) of this section:

     (a) The first inspection is conducted by the department when factors effecting diseases are most evident.

     (b) The second inspection is conducted by the department when the plants are in the windrow.

     (4) All bean seed entered into the phyto-sanitary inspection program must comply with the bean seed quarantine rules. See chapter 16-301 WAC.

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NEW SECTION
WAC 16-301-240   Phyto-sanitary field inspection requirements for other seed crops and diseases.   (1) Phyto-sanitary certificates may be issued covering other seed crops and other diseases not listed in sections WAC 16-301-215 through 16-301-235 depending upon occurrence, symptoms, and hosts. Inspection procedures and requirements for issuing phyto-sanitary certificates are determined after consultation with area specialists.

     (a) To be eligible for phyto-sanitary field inspection, a person must submit an application to allow adequate time to develop procedures and requirements.

     (b) Only one field inspection will be provided unless it is determined that it is necessary to make inspections at different times during the growing season to detect symptoms of the disease in question.

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PART 4 - QUARANTINESANNUAL BLUEGRASS QUARANTINE
NEW SECTION
WAC 16-301-245   Annual bluegrass quarantine -- Establishing quarantine.   The seeds of the weed known as annual bluegrass, Poa annua and its known strains, hereinafter referred to as annual bluegrass, are objectionable in grass seed; therefore, an annual bluegrass quarantine is established to prevent the introduction of annual bluegrass into grass seed production areas, to control seed stocks to be planted for further seed increase, and to assure grass seed growers of a source of seed stock for planting purposes which is tested for presence of annual bluegrass.

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NEW SECTION
WAC 16-301-250   Annual bluegrass quarantine -- Definitions.   Definitions for terms in this chapter may be found in chapter 15.49 RCW and WAC 16-301-005, except for the purposes of WAC 16-301-255 through 16-301-295, the following definitions shall apply:

     (1) "Annual bluegrass" means Poa annua and all related subspecies and hybrids.

     (2) "Seed stock" means those seeds of grasses which are to be planted for seed increase or with intent of seed increase.

     (3) "Annual bluegrass analysis certificate" means a test report from an official seed laboratory showing freedom from annual bluegrass based on a ten gram sample for bentgrass or redtop; and a twenty-five gram sample for other grasses.

     (4) "Quarantine tag" means a tag issued by Washington state department of agriculture to be sealed to each bag showing said seed has met quarantine requirements.

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NEW SECTION
WAC 16-301-255   Annual bluegrass quarantine -- Regulated area.   Areas regulated under the annual bluegrass quarantine include all areas of the state of Washington lying east of the Cascade Crest.

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NEW SECTION
WAC 16-301-260   Annual bluegrass quarantine -- Quarantine area.   Areas quarantined under the annual bluegrass quarantine include all areas of the state of Washington lying west of the Cascade Crest and all areas outside of the state of Washington.

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NEW SECTION
WAC 16-301-265   Annual bluegrass quarantine -- Regulated articles.   Articles regulated under the requirements of the annual bluegrass quarantine include seed stocks of all grass species.

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NEW SECTION
WAC 16-301-270   Annual bluegrass quarantine -- Conditions governing movement of regulated articles.   (1) No seed stock may be shipped, transported, moved within, or into the annual bluegrass quarantine regulated area unless such seed stock is accompanied by a test report from an official laboratory showing said seed stock is free of annual bluegrass on the basis of a minimum ten gram analysis for bentgrass and a minimum of twenty-five gram analysis for other grasses except that seed stock found to contain annual bluegrass may be planted in the regulated area if planted in a nursery under an inspection program as established by the state department of agriculture.

     (2) This quarantine shall not apply to seed sown for forage or turf.

     (3) This quarantine shall not apply to:

     (a) Experiments or trial grounds of the United States Department of Agriculture;

     (b) Experiments or trial grounds of Washington State University experiment station; or

     (c) Trial grounds of any person, firm, or corporation; provided said trial ground plantings are approved by the director and under supervision of technically trained personnel familiar with annual bluegrass control.

     (4) Any person shipping, moving or transporting any seed stock for planting purposes in or into the regulated area that is not tagged with official "annual bluegrass quarantine" tags or a test report showing freedom of annual bluegrass as allowed in subsection (1) of this section must:

     (a) State where and when seed stock can be sampled for the required annual bluegrass test; or

     (b) Attach a copy of the official laboratory analysis showing freedom from annual bluegrass; or

     (c) Submit a representative sample for testing.

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NEW SECTION
WAC 16-301-275   Violations and penalty.   Any person who violates the terms of the annual bluegrass quarantine rules may be subject to the criminal and/or civil penalties provided in chapters 15.49 and/or 17.24 RCW.

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NEW SECTION
WAC 16-301-280   Annual bluegrass quarantine -- Procedure for clearing.   (1) Each person moving, shipping or transporting seed stock within or into the annual bluegrass quarantine regulated area must:

     (a) Submit an official laboratory analysis of a representative sample showing freedom from annual bluegrass; or

     (b) Submit a representative sample for testing.

     (2) Upon receipt of an official laboratory analysis showing freedom from annual bluegrass, the department of agriculture shall tag each bag of those lots found free of annual bluegrass by the required test with "annual bluegrass quarantine" tag, stating said seed is eligible for planting in Eastern Washington.

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NEW SECTION
WAC 16-301-285   Annual bluegrass quarantine -- Seed stock containing annual bluegrass.   Each lot of seed stock found to contain annual bluegrass must be placed under "stop sale" to be released only for shipment out of the quarantine area or for planting in nurseries of two acres or less under the supervision of, and approved by, an agent of the department of agriculture. The nursery must be seeded in rows. It is the duty of the person receiving seed stock containing annual bluegrass to rogue this increase area or chemically treat to eradicate the annual bluegrass thus assuring production of seed that is free of annual bluegrass. Seed increase areas are inspected by the department at least three times during the seedling year. Any areas not passing inspection must not be harvested, but instead destroyed by the person who planted the increase area upon order of the director of the Washington state department of agriculture or his agent. If not destroyed as directed, the department of agriculture may have the plot destroyed and the grower is liable for all expenses.

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NEW SECTION
WAC 16-301-290   Annual bluegrass quarantine -- Application for nursery inspection -- Sampling and analysis.   (1) A person must make application for nursery inspection for annual bluegrass to the department of agriculture not later than fourteen days prior to planting.

     (2) Fees for sampling, analysis and nursery inspection for the presence of annual bluegrass is that fee established by the department. Refer to chapter 16-303 WAC for fees.

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NEW SECTION
WAC 16-301-295   Annual bluegrass quarantine -- Violation procedures.   (1) A person who is alleged to have violated the annual bluegrass quarantine must meet with a representative of the department to determine:

     (a) If a violation actually occurred;

     (b) How it did occur, and what corrective measures can be taken to avoid reoccurrence;

     (c) How much acreage is involved and location of all plantings.

     (2) Corrective procedures may be agreed upon, such as roguing, chemical treatment, etc., and the time frame for such work, or agreement for voluntary destruction of all acreage involved.

     (3) Treated and rogued acreage is inspected by department of agriculture three times during the seedling stages to assure freedom from annual bluegrass. The violator is assessed an hourly inspection fee and a mileage fee where additional mileage is involved.

     (4) Failure to mutually agree, or failure to comply with these procedures, or if it is determined the violation was willful, may be subject to the criminal and/or civil penalties provided in chapters 15.49 and/or 17.24 RCW.

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ROUGH BLUEGRASS QUARANTINE
NEW SECTION
WAC 16-301-305   Rough bluegrass quarantine -- Establishing quarantine.   The seeds of the crop known as rough bluegrass, Poa trivialis and its known strains, hereinafter referred to as rough bluegrass, is a threat to grass seed production; therefore, a rough bluegrass quarantine is established to prevent the introduction of rough bluegrass into major grass seed production areas, to control seed stocks to be planted for further seed increase, and to assure grass seed growers of a source of seed stock for planting purposes which is tested for presence of rough bluegrass. If grass seed becomes contaminated with rough bluegrass grass seed, there would be a significant economic loss to grass growers in the state.

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NEW SECTION
WAC 16-301-310   Rough bluegrass quarantine -- Definitions.   Definitions for terms in this chapter may be found in chapter 15.49 RCW and WAC 16-301-005, except for the purposes of WAC 16-301-305 through 16-301-355, the following definitions shall apply:

     (1) "Rough bluegrass" means Poa trivialis and all related subspecies.

     (2) "Seed stock" means those seeds of grasses which are to be planted for seed increase or with intent of seed increase.

     (3) "Rough bluegrass analysis certificate" means a test report from an official seed laboratory showing freedom from rough bluegrass based on a twenty-five gram sample.

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NEW SECTION
WAC 16-301-315   Rough bluegrass quarantine -- Regulated area.   Areas regulated under the rough bluegrass quarantine include all counties in the state of Washington lying east of the Cascade Crest.

     (1) This quarantine shall not apply to:

     (a) Experiments or trial grounds of the United States Department of Agriculture;

     (b) Experiments or trial grounds of Washington State University experiment station; or

     (c) Trial grounds of any person, firm, or corporation except that the trial ground plantings are approved by the director and under supervision of trained personnel familiar with rough bluegrass control.

     (2) This quarantine shall not apply to seed production fields of rough bluegrass grown in Yakima County and that part of Benton County that lies within the Yakima River drainage.

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NEW SECTION
WAC 16-301-320   Rough bluegrass quarantine -- Quarantine area.   Areas quarantined under the rough bluegrass quarantine include all counties in the state of Washington lying west of the Cascade Crest and all areas outside of the state of Washington.

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NEW SECTION
WAC 16-301-325   Rough bluegrass quarantine -- Regulated articles.   Articles regulated under the requirements of the rough bluegrass quarantine include:

     (1) Seed stocks of all varieties of all grasses.

     (2) Seed production fields of rough bluegrass.

     (3) Rough bluegrass sown for forage or turf.

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NEW SECTION
WAC 16-301-330   Rough bluegrass quarantine -- Conditions governing movement of regulated articles.   No seed stock may be shipped, transported, moved within, or into the rough bluegrass quarantine regulated area unless such seed stock is accompanied by a test report from an official laboratory showing said seed stock is free of rough bluegrass on the basis of a minimum twenty-five gram analysis, except that seed stock found to contain rough bluegrass may be planted in the regulated area if planted in a nursery under an inspection program as established by the Washington state department of agriculture.

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NEW SECTION
WAC 16-301-335   Rough bluegrass quarantine -- Procedure for clearing seed stocks.   Each person moving, shipping or transporting seed stock in or into the rough bluegrass quarantine regulated area must:

     (1) Submit an official laboratory analysis of a representative sample showing freedom from rough bluegrass; or

     (2) Submit a representative sample for testing.

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NEW SECTION
WAC 16-301-340   Rough bluegrass quarantine -- Seed stock containing rough bluegrass.   Each lot of seed stock found to contain rough bluegrass must be placed under "stop sale" to be released only for shipment out of the quarantine area or for planting in nurseries of two acres or less under supervision of, and approved by, an agent of the department of agriculture. The nursery must be seeded in rows. It is the duty of the person receiving such seed to rogue this increase area or chemically treat to eradicate the rough bluegrass thus assuring production of seed that is free of rough bluegrass. Seed increase areas are inspected by the department at least three times during the seedling year. Any areas not passing inspection must not be harvested, but instead must be destroyed by the person who planted the increase area upon order of the director of the Washington state department of agriculture or his/her agent. If not destroyed as directed, the department of agriculture may have the plot destroyed and the grower shall be liable for all expenses.

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NEW SECTION
WAC 16-301-345   Rough bluegrass quarantine -- Application for nursery inspection.   A person must make application for nursery inspection for rough bluegrass to the department of agriculture not later than fourteen days prior to planting.

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NEW SECTION
WAC 16-301-350   Rough bluegrass quarantine -- Fees.   Fees for sampling, analysis and nursery inspection for the presence of rough bluegrass is that fee established by the director in chapter 16-303 WAC.

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NEW SECTION
WAC 16-301-355   Rough bluegrass quarantine -- Violation and procedures.   (1) A person who is alleged to have violated the rough bluegrass quarantine must meet with a representative of the department to discuss the allegation and determine:

     (a) How it occurred;

     (b) How much acreage is involved and location of all plantings;

     (c) Corrective procedures, such as roguing, chemical treatment, etc., and the time frame for such work, or agreement for voluntary destruction of all acreage involved to avoid recurrence and minimize economic loss.

     (2) Treated and rogued acreage is inspected by the department of agriculture three times during the seedling stages to assure freedom from rough bluegrass. The violator is assessed an hourly inspection fee and a mileage fee where additional mileage is involved.

     (3) Any person who violates the terms of this quarantine may be subject to the criminal and civil penalties provided in chapters 15.49 and/or 17.24 RCW.

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BEAN SEED QUARANTINE
NEW SECTION
WAC 16-301-365   Bean seed quarantine -- Establishing quarantine.   The production of edible beans and bean seed is an important industry in the state of Washington. The economic well-being of that industry is threatened by the introduction of bean seed contaminated with viral, bacterial and fungal diseases not established in the commercial production areas in Washington. The director has determined that a quarantine will be effective in preventing the introduction of these viral, bacterial and fungal diseases of beans, and that control of these diseases of beans will provide the bean growers of the state of Washington with a source of seed beans for planting purposes which are tested for the presence of these diseases.

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NEW SECTION
WAC 16-301-370   Definitions.   Definitions for terms in this chapter may be found in chapter 15.49 RCW and chapter 16-301 WAC, the general seed certification rules except for the purposes of WAC 16-301-365 through 16-301-440, the following definitions shall apply:

     (1) "Approved trial grounds" means a specific parcel of land approved by the director for experimental or limited production or increase of bean seed.

     (2) "Dominant I-gene cultivar" means a cultivar which has resistance to all known strains of bean common mosaic virus (B.C.M.V.) due to the presence of the dominant I-gene. Dominant I-gene cultivars will not show mosaic mottle symptoms or transmit the virus through seed when inoculated with any strain of B.C.M.V.

     (3) "Recessive I-gene cultivar" means a cultivar which may be susceptible to some strains of bean common mosaic virus and may show mosaic mottle symptoms.

     (4) "Diseases" means those viral, fungal and bacterial diseases of beans enumerated in WAC 16-301-380 and any new variations or strains of these identified in the future.

     (5) "Quarantine Area I" means all areas west of the Continental Divide except those counties within the state of Washington subject to internal quarantine and the states of Alaska and Hawaii.

     (6) "Quarantine Area II" means areas east of the Continental Divide, the counties in the state of Washington subject to internal quarantine, the states of Alaska and Hawaii and foreign countries.

     (7) "Seed-borne viral diseases" includes bean common mosaic virus, adzuki mosaic virus, and other similar viral diseases causing mosaic mottle and other symptoms similar to those of bean common mosaic virus.

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NEW SECTION
WAC 16-301-375   Regulated articles.   Seeds of common beans and adzuki beans intended for planting purposes, bean plants and parts of plants, and crop residue from the harvest of infected beans are regulated under the provisions of this chapter.

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NEW SECTION
WAC 16-301-380   Regulated diseases.