Title 16 WAC — Agriculture, Department of (See also Titles 24, 60, and 142)

Chapter 16-06 Public records.

Wash. Admin. Code § 16-06-150 The purpose of the rule.

The purpose of this chapter is to establish the procedures the Washington state department of agriculture will follow to provide full access to public records, and to implement the provisions of the Public Records Act, chapter 42.56 RCW. These rules provide information to persons requesting access to the department's public records and establish procedures for both requestors and department staff.

History

Statutory Authority: Chapters 34.05, 42.56, and 43.23 RCW. WSR 09-03-032, § 16-06-150, filed 1/12/09, effective 2/12/09. Statutory Authority: Chapters 42.17 and 43.23 RCW. WSR 96-14-086, § 16-06-150, filed 7/2/96, effective 8/2/96.

Wash. Admin. Code § 16-06-155 Definitions.

"Department" means the Washington state department of agriculture.

"Disclosure" means inspection or copying.

"Public records" include any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the department regardless of physical form or characteristics.

"Writing" means handwriting, typewriting, printing, photostating, telefaxing, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents, including existing data compilations from which information may be obtained or translated.

History

Statutory Authority: Chapters 34.05, 42.17, 42.56, and 43.23 RCW. WSR 09-03-032, § 16-06-155, filed 1/12/09, effective 2/12/09. Statutory Authority: Chapters 42.17 and 43.23 RCW. WSR 96-14-086, § 16-06-155, filed 7/2/96, effective 8/2/96.

Wash. Admin. Code § 16-06-160 Description of department, address and telephone number of Olympia administrative offices.

Headquartered in Olympia and located in the Natural Resources Building, 1111 Washington Street S.E., P.O. Box 42560, Olympia, Washington 98504-2560, the department employs personnel in every county in Washington. The department serves the people of Washington state by supporting the agricultural community and promoting consumer and environmental protection since 1913. The information telephone number is 360-902-1800. The department is organized into seven functional areas:

(1) Director's office;

(2) Administrative services;

(3) Animal services division;

(4) Commodity inspection division;

(5) Food safety and consumer services division;

(6) Pesticide management division; and

(7) Plant protection division.

The department maintains service locations or major field offices around the state. The administrative offices located in Olympia can assist persons in locating office locations around the state. The department's organization chart is available upon request from the Public Records Officer, Washington State Department of Agriculture, P.O. Box 42560, Olympia, Washington 98504-2560, phone 360-902-1935, fax 360-902-2092.

History

Statutory Authority: RCW 42.56.040. WSR 20-16-011, § 16-06-160, filed 7/23/20, effective 8/23/20. Statutory Authority: RCW 43.17.060, 42.56.040, and chapter 34.05 RCW. WSR 14-19-056, § 16-06-160, filed 9/12/14, effective 10/13/14. Statutory Authority: Chapters 34.05, 42.56, and 43.23 RCW. WSR 09-03-032, § 16-06-160, filed 1/12/09, effective 2/12/09. Statutory Authority: Chapters 42.17 and 43.23 RCW. WSR 96-14-086, § 16-06-160, filed 7/2/96, effective 8/2/96.

Wash. Admin. Code § 16-06-180 Public records officer.

(1) Any person wishing to request access to the department's public records, or seeking assistance in making a public records request, should contact the public records officer.

(2) You may contact the public records officer at the Washington State Department of Agriculture, 1111 Washington Street S.E., P.O. Box 42560, Olympia, Washington 98504-2560, by telephone at 360-902-1935, by fax at 360-902-2092, or by email at: publicdisclosure@agr.wa.gov.

(3) The name of the department's current public records officer is also on file with the office of the code reviser in accordance with RCW 42.56.580 and is published in the Washington State Register.

(4) The public records officer will oversee compliance with the Public Records Act, but a designee of the public records officer may process the request or otherwise fulfill the duties of the public records officer. The public records officer will provide the fullest assistance to requestors.

History

Statutory Authority: RCW 43.17.060, 42.56.040, and chapter 34.05 RCW. WSR 14-19-056, § 16-06-180, filed 9/12/14, effective 10/13/14. Statutory Authority: Chapters 34.05, 42.56, and 43.23 RCW. WSR 09-03-032, § 16-06-180, filed 1/12/09, effective 2/12/09. Statutory Authority: Chapters 42.17 and 43.23 RCW. WSR 96-14-086, § 16-06-180, filed 7/2/96, effective 8/2/96.

Wash. Admin. Code § 16-06-185 Availability of public records.

(1) All the department's public records are available for disclosure except as otherwise provided by chapter 42.56 RCW or any other law. Many records are available on the department's website at: http://agr.wa.gov. Requestors are encouraged to view the records available on the website prior to submitting a records request.

(2) The department will respond promptly to requests for disclosure. Email requests will be handled in the same manner as other types of mail received by the department. Public records requests received by email after regular business hours will be considered received on the next business day. Within five business days of receiving a public records request, the department will respond by doing one or more of the following:

(a) Make the records available for inspection or copying;

(b) Send the copies to the requestor if copies are requested and payment of a deposit for the copies is made or terms of payment have been agreed upon;

(d) Request clarification from the requestor if the request is unclear or does not sufficiently identify the requested records. Clarification may be requested and provided by telephone; or

(e) Deny the public records request.

(3) The public records officer may revise the estimate of when records will be available when it is necessary to clarify the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt from disclosure.

(4)(a) Some records are exempt from disclosure, in whole or in part. If the department believes that a record is exempt from disclosure and should be withheld, the department will provide a written statement of the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld.

(b) If only a portion of a record is exempt from disclosure, the department will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the records are being redacted.

(5) In the event the requested records name a specific person or pertain to a specific person and may be exempt from disclosure, the department may, prior to providing the records, give notice to others whose rights may be affected by the disclosure. Sufficient notice will be given to allow affected persons to seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request.

(6)(a) The public records officer may provide access for inspection and copying of records in installments when the request is for a large number of records.

(b) The public records officer may stop searching for the remaining records and close the request if within thirty days the requestor fails to claim or inspect records in one or more of the installments.

(c) The department has the discretion to determine the order in which it responds to requests for public records based on staff and resource availability, the size of the request, and the ease in locating or duplicating the records requested.

(7) The public records officer will close the request and indicate to the requestor that the department has closed the request when the requestor:

(a) Withdraws the request;

(b) Fails to provide clarification when requested by the department;

(d) Fails to pay the deposit or pay the final payment for the requested copies.

(8) If, after the department has informed the requestor that it has provided all available records, the department becomes aware of additional responsive records existing at the time of the request, it will promptly inform the requestor of the additional records and provide them on an expedited basis.

History

Statutory Authority: Chapters 34.05, 42.56, and 43.23 RCW. WSR 09-03-032, § 16-06-185, filed 1/12/09, effective 2/12/09. Statutory Authority: Chapters 42.17 and 43.23 RCW. WSR 96-14-086, § 16-06-185, filed 7/2/96, effective 8/2/96.

Wash. Admin. Code § 16-06-190 Public records requests.

(1) Persons seeking public records are encouraged to use the online public records center portal on the department's website at https://agr.wa.gov/contact-us/public-disclosure.

(2) Alternatively, a request may be submitted to the public records officer in writing using the department's public records request form or other written format using the following methods:

(a) By mail at: Washington State Department of Agriculture, Attn: Public Records Officer, P.O. Box 42560, Olympia, Washington 98504-2560;

(b) By email at publicdisclosure@agr.wa.gov; or

(3) Requests must include the following information:

(a) The name, address and telephone number or other contact information of the person requesting the records;

(b) The date on which the request is made; and

(4) If a requestor cannot submit a request for public records in writing and desires to make an oral request either in person or by telephone, the public records officer or designee receiving the request will summarize the request in writing and then verify in writing with the requestor that the summary correctly memorializes the request.

(5) A person wishing to inspect or copy the department's public records may do so during customary business hours, Monday through Friday, excluding legal holidays.

History

Statutory Authority: RCW 42.56.040. WSR 20-16-011, § 16-06-190, filed 7/23/20, effective 8/23/20. Statutory Authority: Chapters 34.05, 42.56, and 43.23 RCW. WSR 09-03-032, § 16-06-190, filed 1/12/09, effective 2/12/09. Statutory Authority: Chapters 42.17 and 43.23 RCW. WSR 96-14-086, § 16-06-190, filed 7/2/96, effective 8/2/96.

Wash. Admin. Code § 16-06-200 Costs of disclosure.

(1) No fee will be charged for the inspection of public records.

(2) Pursuant to RCW 42.56.120(2), the department declares for the following reasons that it would be unduly burdensome for it to calculate the actual costs it charges for providing copies of public records: Funds were not allocated for performing a study to calculate such actual costs and the agency lacks the necessary funds to perform a study and calculations; staff resources are insufficient to perform a study and to calculate such actual costs; and a study would interfere with and disrupt other essential agency functions.

(3) The department may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120.

(4) The public records officer may waive the fee when the expenses of processing payment exceeds the costs of providing copies.

History

Statutory Authority: Chapters 42.56 and 34.05 RCW. WSR 17-20-102, § 16-06-200, filed 10/4/17, effective 11/4/17
WSR 17-06-034, § 16-06-200, filed 2/23/17, effective 3/26/17. Statutory Authority: RCW 43.17.060, 42.56.040, and chapter 34.05 RCW. WSR 14-19-056, § 16-06-200, filed 9/12/14, effective 10/13/14. Statutory Authority: Chapters 34.05, 42.56, and 43.23 RCW. WSR 09-03-032, § 16-06-200, filed 1/12/09, effective 2/12/09. Statutory Authority: Chapters 42.17 and 43.23 RCW. WSR 96-14-086, § 16-06-200, filed 7/2/96, effective 8/2/96.

Wash. Admin. Code § 16-06-205 Protection of public records.

In order to adequately protect the department's public records, the following will apply:

(1) Public records made available for inspection may not be removed from the area the department makes available for inspection. The department has the discretion to designate the means and the location for the inspection of records.

(2) Inspection of any public record will be conducted in the presence of a designated department employee.

(3) Public records may not be marked or altered in any manner during inspection.

(4) After inspection is complete, the public records officer or designee will make requested copies or arrange for copying.

(5) Public records that are maintained in a file or jacket, or in chronological order, may not be dismantled except by a designated department employee for purposes of copying.

(6) Whenever a public records request involves an entire file, a group of records, or a large number of records, the department is allowed a reasonable time to review the records to determine whether information is exempt from disclosure under chapter 42.56 RCW or other law.

History

Statutory Authority: Chapters 34.05, 42.56, and 43.23 RCW. WSR 09-03-032, § 16-06-205, filed 1/12/09, effective 2/12/09. Statutory Authority: Chapters 42.17 and 43.23 RCW. WSR 96-14-086, § 16-06-205, filed 7/2/96, effective 8/2/96.

Wash. Admin. Code § 16-06-210 Exemptions.

(1) The Public Records Act exempts a number of types of records from public disclosure (see chapter 42.56 RCW).

(2) Records are also exempt from disclosure if any other statute exempts or prohibits disclosure. Requestors should be aware of the following exemptions outside of the Public Records Act, which restrict the availability of some records held by the department. This list is not exhaustive and other exemptions may apply:

(a) The semiannual report required in the Commercial Feed Act (reference RCW 15.53.9018).

(b) The department has the authority to publish reports of official seed inspections, seed certifications, laboratory statistics, verified violations of this chapter, and other seed branch activities which do not reveal confidential information regarding individual company operations or production (reference RCW 15.49.370(8)).

(d) Privileged or confidential information or data that contains trade secrets, commercial, or financial information submitted under the Washington Pesticide Control Act (reference RCW 15.58.060 (1)(c) and 15.58.065).

(e) Information submitted by an applicant under chapter 17.24 RCW that is privileged or confidential because it contains trade secrets or commercial or financial information (reference RCW 17.24.061).

(f) Under RCW 42.56.610 and 90.64.190, information identifying the number of animals; volume of livestock nutrients generated; number of acres covered by the plan or used for land application of livestock nutrients; livestock nutrients transferred to other persons; and crop yields in plans, records, and reports obtained by state and local agencies from dairies, animal feeding operations, and concentrated animal feeding operations not required to apply for a National Pollutant Discharge Elimination System permit is disclosable in the following ranges:

(i) Number of animals: Beef cattle

1 to 19

20 to 159

160 to 299

300 to 999

1,000 to 5,999

6,000 to 10,999

11,000 to 15,999

16,000 to 20,999

21,000 to 25,999

26,000 to 31,199

31,200 to 37,439

37,440 to 44,999

45,000 and above

(ii) Number of animals: Mature dairy cattle

1 to 37

38 to 199

200 to 699

700 to 1,699

1,700 to 2,699

2,700 to 3,699

3,700 to 4,699

4,700 to 5,699

5,700 to 6,839

6,840 and above

(iii) Number of animals: Dairy heifers

1 to 49

50 to 149

150 to 299

300 to 999

1,000 to 1,999

2,000 to 2,999

3,000 to 3,999

4,000 and above

(iv) Number of animals: Swine (55 pounds or greater)

1 to 19

20 to 159

160 to 399

400 to 749

750 to 2,499

2,500 to 4,249

4,250 to 5,999

6,000 to 7,749

7,750 and above

(v) Number of animals: Swine (less than 55 pounds)

1 to 99

100 to 499

500 to 1,099

1,100 to 1,999

2,000 to 2,999

3,000 to 9,999

10,000 to 16,999

17,000 to 23,999

24,000 to 30,999

31,000 and above

(vi) Number of animals: Layers (all ages)

1 to 199

200 to 999

1,000 to 10,999

11,000 to 24,999

25,000 to 81,999

82,000 to 138,999

139,000 to 195,999

196,000 to 252,999

253,000 to 309,999

310,000 to 371,999

372,000 to 446,399

446,400 to 535,679

535,680 to 642,815

642,816 to 771,379

771,380 to 925,655

925,656 to 1,110,787

1,110,788 to 1,332,945

1,332,946 and above

(vii) Number of animals: Broilers (all ages)

1 to 199

200 to 999

1,000 to 17,999

18,000 to 37,499

37,500 to 124,999

125,000 to 212,499

212,500 to 299,999

300,000 and above

(viii) Number of animals: Horses

1 to 19

20 to 79

80 to 149

150 to 499

500 to 849

850 to 1,199

1,200 to 1,549

1,550 and above

(ix) Livestock nutrients generated or exported by volume (ft3/day)

1 to 74

75 to 134

135 to 299

300 to 449

450 to 749

750 to 1,499

1,500 to 2,499

2,500 to 4,999

5,000 to 8,499

8,500 to 11,999

12,000 to 15,999

16,000 and above

(x) Livestock nutrients generated or exported by weight (tons/year)

1 to 5,256

5,257 to 10,512

10,513 to 21,024

21,025 to 42,048

42,049 to 84,096

84,097 to 164,184

164,185 to 262,734

262,735 to 394,200

394,201 to 558,384

558,385 to 722,634

722,635 to 919,734

919,735 to 1,051,134

1,051,135 and above

(xi) Number of acres covered by the plan or used for land application of livestock nutrients

0 to 25

26 to 65

66 to 120

121 to 300

301 to 550

551 to 900

901 to 1,300

1,301 to 1,800

1,801 to 2,500

2,501 to 3,200

3,201 to 4,000

4,001 to 6,000

6,001 to 9,000

9,001 to 11,500

11,501 to 14,000

14,001 and above

(xii) Crop yields - tons/acre

0 to 1

1.1 to 2

2.1 to 3.5

3.6 to 5

5.1 to 7

7.1 to 9

9.1 to 12

12.1 to 14.5

14.6 to 17

17.1 to 19.5

19.6 to 22

22.1 to 26

26.1 and above

(g) A person aggrieved by a violation of chapter 17.21 RCW or the rules adopted under that chapter is entitled, on request, to have their name protected from disclosure in any communication with persons outside the department and in any record published, released, or made available to persons outside the department except as provided in RCW 17.21.340 (1)(a)(ii).

(h) Information about cannabis processors otherwise exempt from public inspection and copying under chapter 42.56 RCW is also exempt from public inspection and copying if submitted to or used by the department (reference RCW 69.07.200(4)).

(i) Information about cannabis producers, cannabis processors, and cannabis retailers otherwise exempt from public inspection and copying under chapter 42.56 RCW is also exempt from public inspection and copying if submitted to or used by the department (reference RCW 15.125.050).

(3) A list of common record exemptions can be found on the department's website.

History

Statutory Authority: RCW 43.01.160, 43.17.060, and 42.56.040. WSR 24-22-023, s 16-06-210, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 42.56.040. WSR 20-16-011, § 16-06-210, filed 7/23/20, effective 8/23/20. Statutory Authority: Chapters 42.56 and 34.05 RCW. WSR 17-20-102, § 16-06-210, filed 10/4/17, effective 11/4/17
WSR 17-06-034, § 16-06-210, filed 2/23/17, effective 3/26/17. Statutory Authority: RCW 43.17.060, 42.56.040, and chapter 34.05 RCW. WSR 14-19-056, § 16-06-210, filed 9/12/14, effective 10/13/14. Statutory Authority: Chapters 34.05, 42.56, and 43.23 RCW. WSR 09-03-032, § 16-06-210, filed 1/12/09, effective 2/12/09. Statutory Authority: Chapters 42.17 and 43.23 RCW. WSR 96-14-086, § 16-06-210, filed 7/2/96, effective 8/2/96.

Wash. Admin. Code § 16-06-220 Review of denial of request for inspection or copying of public records.

(1) Any person who objects to the initial denial of a records request may petition in writing to the administrative regulations program manager for a review of that decision. The petition shall include a copy of, or reasonably identify, the written statement by the department denying the request.

(2) The administrative regulations program manager will immediately consider the petition and either affirm or reverse the denial within two business days following the department's receipt of the petition, or within such other time as the department and the requestor mutually agree to.

(3) Under RCW 42.56.530, if the department denies a requestor access to public records because it claims the record is exempt in whole or in part from disclosure, the requestor may request the attorney general's office to review the matter. The attorney general has adopted rules on such requests in WAC 44-06-160.

(4) Any person may obtain court review of a denial of a public records request under RCW 42.56.550 at the conclusion of two business days after the initial denial, regardless of any internal administrative appeal.

History

Statutory Authority: RCW 43.17.060, 42.56.040, and chapter 34.05 RCW. WSR 14-19-056, § 16-06-220, filed 9/12/14, effective 10/13/14. Statutory Authority: Chapters 34.05, 42.56, and 43.23 RCW. WSR 09-03-032, § 16-06-220, filed 1/12/09, effective 2/12/09. Statutory Authority: Chapters 42.17 and 43.23 RCW. WSR 96-14-086, § 16-06-220, filed 7/2/96, effective 8/2/96.

Wash. Admin. Code § 16-06-225 Records index.

(1) The department's public records officer, located in the Olympia administrative office, will develop and maintain an agency index of the following records:

(a) Department records retention schedules;

(b) Final orders;

(d) Interpretative statements;

(e) Policy statements; and

(f) Department rule docket.

(2) Information on obtaining or viewing the department's index can be obtained from the public records officer at the department's headquarters office located at: Department of Agriculture, 1111 Washington Street, S.E., P.O. Box 42560, Olympia, Washington 98504-2560.

History

Statutory Authority: Chapters 34.05, 42.56, and 43.23 RCW. WSR 09-03-032, § 16-06-225, filed 1/12/09, effective 2/12/09. Statutory Authority: Chapters 42.17 and 43.23 RCW. WSR 96-14-086, § 16-06-225, filed 7/2/96, effective 8/2/96.

Wash. Admin. Code § 16-06-250 Processing of public records requests—Electronic records.

(1) Requesting electronic records: The process for requesting electronic public records is the same as for requesting paper public records.

(2) Providing electronic records:

(a) The department has the discretion to determine whether to provide records electronically or in paper form.

(b) When a requestor requests records in an electronic format, the public records officer will endeavor to provide the nonexempt records or portions of such records that are reasonably locatable in an electronic format that is used by the department and is generally commercially available, or in a format that is reasonably translatable from the format in which the department keeps the record.

History

Statutory Authority: Chapters 42.56 and 34.05 RCW. WSR 17-06-034, § 16-06-250, filed 2/23/17, effective 3/26/17. Statutory Authority: RCW 43.17.060, 42.56.040, and chapter 34.05 RCW. WSR 14-19-056, § 16-06-250, filed 9/12/14, effective 10/13/14. Statutory Authority: Chapters 34.05, 42.56, and 43.23 RCW. WSR 09-03-032, § 16-06-250, filed 1/12/09, effective 2/12/09.

Chapter 16-08 Practice and procedure.

Wash. Admin. Code § 16-08-002 Definitions.

The definitions in this section apply to this chapter unless the context otherwise requires:

"Date of service" means the date the department places a properly dated and stamped document into the United States Postal Service or other mail service for delivery.

"Department" means the department of agriculture of the state of Washington.

"Director" means the director of the department of agriculture.

"Person" means natural persons, sole proprietorship, corporations, trusts, unincorporated associations and partnerships.

"Presiding officer" means the person designated by the director to preside over adjudicative proceedings.

"Reviewing officer" means the director of agriculture or the person designated by the director to review initial orders and prepare and enter final orders for the director.

History

Statutory Authority: RCW 43.17.060 and chapter 34.05 RCW. WSR 17-13-125, § 16-08-002, filed 6/21/17, effective 7/22/17. Statutory Authority: Chapter 34.05 RCW. WSR 11-20-047, § 16-08-002, filed 9/29/11, effective 10/30/11
WSR 95-18-008 (Order 5081), § 16-08-002, filed 8/23/95, effective 9/23/95
WSR 91-23-051, § 16-08-002, filed 11/15/91, effective 12/16/91.

Wash. Admin. Code § 16-08-003 Purpose of this chapter.

This chapter sets forth the rules of procedure that apply to adjudicative proceedings before the department. This chapter does not apply to civil penalties and orders issued by the department under chapters 90.64 and 90.48 RCW in the dairy nutrient management program.

History

Statutory Authority: RCW 43.17.060 and chapter 34.05 RCW. WSR 17-13-125, § 16-08-003, filed 6/21/17, effective 7/22/17. Statutory Authority: Chapters 90.64 and 34.05 RCW. WSR 04-02-063, § 16-08-003, filed 1/7/04, effective 2/7/04.

Wash. Admin. Code § 16-08-004 Dairy nutrient management program appeals.

(1) All appeals of civil penalties and orders issued by the department's dairy nutrient management program are filed with the pollution control hearings board at the environmental hearings office and are served on the department of agriculture under RCW 43.21B.230 and 43.21B.300, and WAC 371-08-335 and 371-08-345.

(2) Under WAC 371-08-306, when referring to appeals related to civil penalties and orders issued by the department of agriculture's dairy nutrient management program, all references to "department" in both chapters 43.21B RCW and 371-08 WAC mean the department of agriculture; all references to "director" mean the director of the department of agriculture.

History

Statutory Authority: RCW 43.17.060 and chapter 34.05 RCW. WSR 17-13-125, § 16-08-004, filed 6/21/17, effective 7/22/17. Statutory Authority: Chapters 90.64 and 34.05 RCW. WSR 04-02-063, § 16-08-004, filed 1/7/04, effective 2/7/04.

Wash. Admin. Code § 16-08-011 The department of agriculture adopts the model rules of procedure.

The model rules of procedure, chapter 10-08 WAC, adopted by the chief administrative law judge under RCW 34.05.250 are adopted for use by the department. In the case of a conflict between the model rules of procedure and procedural rules adopted in this chapter, the procedural rules adopted in this chapter by the department take precedence.

History

Statutory Authority: RCW 43.17.060 and chapter 34.05 RCW. WSR 17-13-125, § 16-08-011, filed 6/21/17, effective 7/22/17. Statutory Authority: Chapter 34.05 RCW. WSR 91-23-051, § 16-08-011, filed 11/15/91, effective 12/16/91.

Wash. Admin. Code § 16-08-021 Presiding officer.

(1) In matters involving an adjudicative proceeding, the director will designate the presiding officer. The presiding officer may be:

(a) An administrative law judge assigned by the office of administrative hearings under the authority of chapter 34.12 RCW; or

(b) The deputy director; or

(d) A staff person trained to act as a presiding officer in adjudicative proceedings.

(2) A person who has served as an investigator, prosecutor, or advocate in any stage of an adjudicative proceeding or someone who is subject to the authority or direction of such a person, may not serve as a presiding officer in the same proceeding.

(3) The presiding officer has the authority to:

(a) Determine the order of presentation of evidence;

(b) Administer oaths and affirmations;

(d) Rule on procedural matters, objections, and motions;

(e) Rule on offers of proof and receive relevant evidence;

(f) Interrogate witnesses called by the parties in an impartial manner to develop any facts deemed necessary to fairly and adequately decide the matter;

(g) Call additional witnesses and request additional exhibits deemed necessary to complete the record and receive such evidence subject to full opportunity for cross-examination and rebuttal by all parties;

(h) Take any appropriate action necessary to maintain order during the hearing;

(i) Permit or require oral argument or briefs and determine the time limits for their submission;

(j) Take any other action necessary and authorized by any applicable statute or rule;

(k) Waive any requirement of these rules unless a party shows that they would be prejudiced by such a waiver.

History

Statutory Authority: RCW 43.01.160 and 43.17.060. WSR 24-22-021, s 16-08-021, filed 10/28/24, effective 11/28/24. Statutory Authority: Chapter 34.05 RCW. WSR 11-20-047, § 16-08-021, filed 9/29/11, effective 10/30/11
WSR 95-18-008 (Order 5081), § 16-08-021, filed 8/23/95, effective 9/23/95. Statutory Authority: RCW 34.05.425. WSR 93-10-059, § 16-08-021, filed 4/30/93, effective 5/31/93. Statutory Authority: Chapter 34.05 RCW. WSR 91-23-051, § 16-08-021, filed 11/15/91, effective 12/16/91.

Wash. Admin. Code § 16-08-022 Consolidation of proceedings.

Without affecting the department's discretion to otherwise consolidate adjudicative proceedings, the department may consolidate an emergency adjudicative proceeding with an adjudicative proceeding on the merits.

History

Statutory Authority: RCW 34.05.425. WSR 93-10-059, § 16-08-022, filed 4/30/93, effective 5/31/93.

Wash. Admin. Code § 16-08-031 Request for hearing—Filing.

(1) A request for hearing (application for adjudicative proceeding) must be in writing and filed with the department during regular office hours at the address designated in the notice or instructions provided by the department.

(2) A request for hearing is filed in a timely manner when the mailing is postmarked or received by the department within 25 days of service of the proposed department action giving rise to the request for hearing.

(3) A request for hearing may be filed with the department by personal delivery, commercial delivery, fax, or first-class, registered, or certified mail. A request for hearing may be filed by electronic mail (email) only when instructions for email filings have been provided by the department.

(4) If the request for hearing is not timely filed with the department, the applicant waives their right to a hearing.

History

Statutory Authority: RCW 43.01.160 and 43.17.060. WSR 24-22-021, s 16-08-031, filed 10/28/24, effective 11/28/24. Statutory Authority: Chapter 34.05 RCW. WSR 11-20-047, § 16-08-031, filed 9/29/11, effective 10/30/11
WSR 97-14-050, § 16-08-031, filed 6/27/97, effective 7/28/97
WSR 91-23-051, § 16-08-031, filed 11/15/91, effective 12/16/91.

Wash. Admin. Code § 16-08-041 Settlement.

Before or after a hearing, parties to a proceeding may enter into discussions leading to a voluntary settlement of the subject matter of the proceeding. These conferences shall be informal and without prejudice to the rights of the parties, and no statement, admission, or offer of settlement made at an informal conference shall be admissible in evidence in any adjudicative proceeding.

History

Statutory Authority: Chapter 34.05 RCW. WSR 91-23-051, § 16-08-041, filed 11/15/91, effective 12/16/91.

Wash. Admin. Code § 16-08-051 Discovery—Authority of presiding officer.

(1) Discovery in adjudicative proceedings other than as enumerated in WAC 16-08-061 through 16-08-121 may be permitted at the discretion of the presiding officer. In permitting such discovery, the presiding officer shall make reference to the civil rules of procedure.

(2) The presiding officer shall have the power to control the frequency and nature of discovery permitted, including discovery as enumerated in WAC 16-08-061 through 16-08-121, and to order discovery conferences to discuss discovery issues.

History

Statutory Authority: Chapter 34.05 RCW. WSR 91-23-051, § 16-08-051, filed 11/15/91, effective 12/16/91.

Wash. Admin. Code § 16-08-061 Depositions in adjudicative proceedings—Right to take.

Except as may be otherwise provided, any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for use as evidence in the proceeding.

History

Statutory Authority: Chapter 34.05 RCW. WSR 91-23-051, § 16-08-061, filed 11/15/91, effective 12/16/91.

Wash. Admin. Code § 16-08-071 Depositions in adjudicative proceedings—Scope.

Unless otherwise ordered, the deponent may be examined regarding any matter not privileged, which is relevant to the subject matter involved in the proceeding.

History

Statutory Authority: Chapter 34.05 RCW. WSR 91-23-051, § 16-08-071, filed 11/15/91, effective 12/16/91.

Wash. Admin. Code § 16-08-081 Depositions in adjudicative proceedings—Officer before whom taken.

Within the United States or within a territory or insular possession subject to the dominion of the United States depositions shall be taken before an officer authorized to administer oaths by the laws of the state of Washington or of the place where the examination is held; within a foreign country, depositions shall be taken before a secretary of an embassy or legation, consul general, vice consul or consular agent of the United States, or a person designated by the director of agriculture or agreed upon by the parties by stipulation in writing filed with the department of agriculture. Except by stipulation, no deposition shall be taken before a person who is a party or the privy of a party, or a privy of any counsel of a party, or who is financially interested in the proceeding.

History

Statutory Authority: Chapter 34.05 RCW. WSR 91-23-051, § 16-08-081, filed 11/15/91, effective 12/16/91.

Wash. Admin. Code § 16-08-091 Depositions in adjudicative proceedings—Notice.

A party desiring to take the deposition of any person upon oral examination shall give reasonable notice of not less than five days in writing to the department of agriculture and all parties. The notice shall state the time and place for taking the deposition, the name and address of each person to be examined, if known, and if the name is not known, a general description sufficient to identify them or the particular class or group to which they belong. On motion of a party upon whom the notice is served, the presiding officer may for cause shown, enlarge or shorten the time. If the parties so stipulate in writing, depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used as other depositions.

History

Statutory Authority: RCW 43.01.160 and 43.17.060. WSR 24-22-021, s 16-08-091, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 43.17.060 and chapter 34.05 RCW. WSR 17-13-125, § 16-08-091, filed 6/21/17, effective 7/22/17. Statutory Authority: Chapter 34.05 RCW. WSR 91-23-051, § 16-08-091, filed 11/15/91, effective 12/16/91.

Wash. Admin. Code § 16-08-101 Depositions and interrogatories in adjudicative proceedings—Protection of parties and deponents.

After notice is served for taking a deposition, upon its own motion or upon motion reasonably made by any party or by the person to be examined and upon notice and for good cause shown, the director or their designated presiding officer may make an order that the deposition shall not be taken, or that it may be taken only at some designated place other than that stated in the notice, or that it may be taken only on written interrogatories, or that certain matters shall not be inquired into, or that the scope of the examination shall be limited to certain matters, or that the examination shall be held with no one present except the parties to the action and their officers or counsel, or that after being sealed, the deposition shall be opened only by order of the director, or that business secrets or secret processes, developments, or research need not be disclosed, or that the parties shall simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the director, or the director may make any other order which justice requires to protect the party or witness from annoyance, embarrassment, or oppression. At any time during the taking of the deposition, on motion of any party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the director or their designated presiding officer may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as above provided. If the order made terminates the examination, it shall be resumed thereafter only upon the order of the agency. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order.

History

Statutory Authority: RCW 43.01.160 and 43.17.060. WSR 24-22-021, s 16-08-101, filed 10/28/24, effective 11/28/24. Statutory Authority: Chapter 34.05 RCW. WSR 91-23-051, § 16-08-101, filed 11/15/91, effective 12/16/91.

Wash. Admin. Code § 16-08-111 Depositions in adjudicative proceedings—Use and effect.

Subject to rulings by the presiding officer upon objections, a deposition taken and filed as provided in this rule will not become a part of the record in the proceeding until received in evidence by the presiding officer upon his own motion or the motion of any party. Except by agreement of the parties or ruling of the presiding officer, a deposition will be received only in its entirety. A party does not make a party, or the privy of a party, or any hostile witness their witness by taking their deposition. Any party may rebut any relevant evidence contained in a deposition whether introduced by them or any other party.

History

Statutory Authority: RCW 43.01.160 and 43.17.060. WSR 24-22-021, s 16-08-111, filed 10/28/24, effective 11/28/24. Statutory Authority: Chapter 34.05 RCW. WSR 91-23-051, § 16-08-111, filed 11/15/91, effective 12/16/91.

Wash. Admin. Code § 16-08-121 Depositions in adjudicative proceedings—Fees of officers and deponents.

Deponents whose depositions are taken and the officers taking the same shall be entitled to the same fees as are paid for like services in the superior courts of the state of Washington under RCW 5.56.010, which fees shall be tendered and paid by the party at whose instance the depositions are taken.

History

Statutory Authority: Chapter 34.05 RCW. WSR 91-23-051, § 16-08-121, filed 11/15/91, effective 12/16/91.

Wash. Admin. Code § 16-08-131 Adjudicative proceedings—Petition for review and replies.

(1) Any party to an adjudicative proceeding may file a petition for review of an initial order.

(2) The petition for review shall be filed with the director within twenty days of the date of service of the initial order unless a different place and time limit for filing the petition are specified in the initial order in its statement describing available procedures for administrative relief. Copies of the petition shall be served upon all other parties or their representatives at the time the petition is filed and evidence of such service shall be filed with the petition for review.

(3) The petition for review shall specify the portions of the initial order to which exception is taken and shall refer to the evidence of record relied upon to support the petition.

(4) Any party may file a reply to a petition for review. The reply shall be filed with the office where the petition for review was filed within twenty days of the date of service of the petition and copies of the reply shall be served upon all other parties or their representatives at the time the reply is filed, and may cross-petition for review. If the reply contains a cross-petition, it shall specify portions of the initial order to which exception is taken by the replying party, and shall refer to the evidence of record relied upon to support the reply.

(5) Any party may reply to a cross-petition by filing and serving it as set forth in subsection (4) of this section.

History

Statutory Authority: Chapter 34.05 RCW. WSR 91-23-051, § 16-08-131, filed 11/15/91, effective 12/16/91.

Wash. Admin. Code § 16-08-141 Brief adjudicative proceedings—Applicability.

(1) If an adjudicative proceeding is requested in a matter not listed in this section, a brief adjudicative proceeding may be conducted at the discretion of the presiding officer when use of a brief adjudicative proceeding will not violate any provision of law and protection of the public interest does not require the department to give notice and an opportunity to participate to persons other than the parties and:

(a) The only issues presented are issues of law; or

(b) Both parties have agreed to a brief adjudicative proceeding.

(2) Brief adjudicative proceedings may be used to determine the following issues including, but not limited to:

(a) Whether an applicant, permittee, or licensee satisfies all requirements to maintain, provide, make available for review, or display records or has committed other recordkeeping violations.

(b) Whether an applicant, permittee, or licensee satisfies all requirements to create, maintain, provide, or make available for review data or reports.

(c) Whether an applicant, permittee, or licensee satisfies all requirements to display or post information required by law.

(d) Whether an applicant satisfies financial security requirements by providing adequate proof of insurance, surety bonds, custodial account, or other proof of financial security as required by law.

(e) Whether an applicant satisfies terms for reinstatement of a license or registration after a period of license or registration suspension or revocation.

(f) Whether an applicant meets minimum eligibility requirements for an initial or renewal application for a license, permit, registration, or certification.

(g) Whether an applicant, licensee, permittee, or registrant should be denied a license, permit, registration, or certification for failure to comply with labeling requirements.

(h) Whether an applicant, permittee, or licensee failed to cooperate in an investigation, examination, sample taking, or inspection by the department.

(i) Whether an applicant, permittee, or licensee violated the terms of a final order issued by the director or director's designee.

(j) Whether an applicant, permittee, licensee, or registrant failed to timely pay an application fee, renewal fee, or an assessment required for a license, registration, permit, or certification.

(k) Whether commercial use of a weighing or measuring instrument or device violates chapter 19.94 RCW or 16-674, 16-662, or 16-663 WAC.

(l) Whether motor fuel marketed for sale is in compliance with chapters 19.112 RCW and 16-662 WAC.

(m) Whether planting stock fails to meet the certification requirements under chapter 15.14 RCW.

(n) Whether a milk processing plant or producer license should be lowered in grade for failure to meet requirements under chapter 15.36 RCW.

(o) Whether a license for sale of milk for animal food should be denied, suspended, or revoked for violations under chapter 15.37 RCW.

(p) Whether a commercial feed registration of pet food and specialty pet food should be denied or canceled for failure to comply with requirements under chapter 15.53 RCW.

(q) Whether registration on the organic brand name materials list should be denied, suspended, or revoked for failure to meet the requirements under chapter 15.86 RCW.

(r) Whether an applicant for a custom farm slaughter license or a custom meat facility license should be denied, suspended, or revoked for failure to comply with the requirements under chapter 16.49 RCW.

(s) Whether an applicant for pesticide registration should be denied for failure to comply with the pesticide product or labeling requirements under chapter 15.58 RCW.

(t) Whether an applicant for fertilizer registration should be denied for failure to comply with commercial fertilizer product or labeling requirements under chapter 15.54 RCW.

(u) Whether an applicant for a license to feed garbage to swine should be denied, suspended, or revoked for failure to comply with the licensing requirements under chapter 16.36 RCW.

(v) Whether an applicant for a certified feed lot license should be denied, suspended, or revoked for failure to pay fees required under RCW 16.58.130.

(w) Whether a person is in violation of chapter 16.36 RCW for failure to secure a certificate of veterinary inspection for an animal being brought into Washington state.

(x) Whether a person is in violation of RCW 16.36.050(2) for failure to transport or deliver an animal to the destination designated by a certificate of veterinary inspection, import health papers, permits, or other transportation documents required by law.

(y) Whether a person licensed to practice veterinary medicine, surgery, or dentistry in Washington state is in violation of RCW 16.36.080 for failure to report to the department the existence or suspected existence of a reportable disease among animals within the state.

(z) Whether a seed conditioning permit should be revoked for failure to comply with chapters 15.49 RCW and 16-302 WAC.

History

Statutory Authority: RCW 43.17.060 and chapter 34.05 RCW. WSR 17-13-125, § 16-08-141, filed 6/21/17, effective 7/22/17. Statutory Authority: Chapter 34.05 RCW. WSR 11-20-047, § 16-08-141, filed 9/29/11, effective 10/30/11
WSR 97-14-050, § 16-08-141, filed 6/27/97, effective 7/28/97. Statutory Authority: RCW 34.05.425. WSR 93-10-059, § 16-08-141, filed 4/30/93, effective 5/31/93. Statutory Authority: Chapter 34.05 RCW. WSR 91-23-051, § 16-08-141, filed 11/15/91, effective 12/16/91.

Wash. Admin. Code § 16-08-142 Brief adjudicative proceedings—Filing.

(1) A request for hearing (application for brief adjudicative proceeding) must be in writing and filed with the department during regular office hours at the address designated in the notice or instructions provided by the department. A party may request a brief adjudicative proceeding by completing the application form provided by the department, along with a written explanation of the party's view of the matter.

(4) If the request for hearing is not timely filed with the department, the applicant waives their right to a hearing.

History

Statutory Authority: RCW 43.01.160 and 43.17.060. WSR 24-22-021, s 16-08-142, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 43.17.060 and chapter 34.05 RCW. WSR 17-13-125, § 16-08-142, filed 6/21/17, effective 7/22/17.

Wash. Admin. Code § 16-08-144 Brief adjudicative proceedings—Procedure.

(1) Brief adjudicative proceedings shall be conducted by a presiding officer designated by the director in accordance with WAC 16-08-021.

(2) The parties or their representatives may present written documentation in addition to the request for hearing. The presiding officer for brief adjudicative proceedings shall designate the date by which written documents must be submitted by the parties.

(3) The presiding officer may hear oral argument from the parties or their representatives if the presiding officer believes the statement will help in reaching a decision. If a party to a brief adjudicative proceeding desires to make an oral statement, a request shall be included in the application for the brief adjudicative proceeding. If the request is granted, the presiding officer will designate the time and place for taking oral statements and notify the parties.

(4) The parties may not call witnesses to testify.

(5) If a party fails to appear at the designated time and place for taking oral statements, the presiding officer shall take the oral statement of any party present and shall consider it and all written submissions.

History

Statutory Authority: RCW 43.17.060 and chapter 34.05 RCW. WSR 17-13-125, § 16-08-144, filed 6/21/17, effective 7/22/17.

Wash. Admin. Code § 16-08-145 Brief adjudicative proceedings—Decisions.

(1) The presiding officer for brief adjudicative proceedings shall not issue an oral order.

(2) Within ten days of the final date for submission of materials or oral argument, if any, the presiding officer shall enter a written initial order. The initial order will contain a brief written statement of the reasons for the decision and information about any internal review available.

(3) If a party does not request administrative review of an initial order in accordance with WAC 16-08-148, the initial order becomes a final order on the twenty-first calendar day after service of the initial order.

History

Statutory Authority: RCW 43.17.060 and chapter 34.05 RCW. WSR 17-13-125, § 16-08-145, filed 6/21/17, effective 7/22/17.

Wash. Admin. Code § 16-08-148 Brief adjudicative proceedings—Administrative review.

(1) Any party may request orally or in writing a review of the initial order issued under WAC 16-08-145. A petition for review of an initial order shall contain a written explanation of the party's view of the matter and a statement of reasons why the initial order is incorrect. Oral requests must be placed in writing.

(a) Petitions for review may be filed with the department by personal delivery, commercial delivery, fax, or first-class, registered or certified mail. A petition for review may be filed by electronic mail (email) only when instructions for email filings have been provided by the department. Petitions for review must be received by the department at the address designated in the initial order within 21 days of service of the initial order.

(b) Petitions for review shall be served on all parties, and evidence of such service filed at the address designated in the initial order.

(2) A party may file a response to a petition for a review.

(a) The response shall be filed at the address designated in the initial order within 10 days of the date of service of the petition for review.

(b) Copies of the response shall be served on all other parties at the time the response is filed.

(3)(a) The department reviewing officer, upon their own motion, may petition for administrative review of an initial order.

(b) The reviewing officer shall provide notice to the parties of their determination to review the initial order within 21 days of service of the initial order. The notice to the parties shall state the date by which a decision shall be made. The reviewing officer shall not take any action on review that is less favorable than the initial order without giving all parties notice and an opportunity to explain their view of the matter.

(4) The reviewing officer shall enter a final order disposing of the proceeding. A final order shall be in writing and shall:

(a) Include a brief statement of the reasons for the decision;

(b) Be entered within 21 days after the date of the initial order or of the petition for review, whichever is later.

(5) If the reviewing officer deems it necessary, they may remand a matter for further proceedings.

History

Statutory Authority: RCW 43.01.160 and 43.17.060. WSR 24-22-021, s 16-08-148, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 43.17.060 and chapter 34.05 RCW. WSR 17-13-125, § 16-08-148, filed 6/21/17, effective 7/22/17.

Wash. Admin. Code § 16-08-149 Brief adjudicative proceedings—Agency record.

The agency record in a brief adjudicative proceeding shall consist of any documents relating to the matter that were considered or prepared by the presiding officer or by the reviewing officer for any review. The agency record shall include:

(1) All initiating documents;

(2) The request for hearing;

(3) All documents submitted in the proceeding;

(4) Any transcript or recording of any oral arguments presented; and

(5) All orders issued in the case.

History

Statutory Authority: RCW 43.17.060 and chapter 34.05 RCW. WSR 17-13-125, § 16-08-149, filed 6/21/17, effective 7/22/17.

Wash. Admin. Code § 16-08-151 Emergency adjudicative proceedings.

(1) Pursuant to RCW 34.05.479, the department shall use emergency adjudicative proceedings for the suspension or cancellation of authority in situations involving an immediate danger to the public health, safety, or welfare requiring immediate action by the department. Such situations shall include:

(a) Failure to possess required insurance, bonding or other security.

(b) Health, safety, or welfare violations when the violation involves an immediate danger to the public health, safety, or welfare, including, but not limited to, decisions by the department to:

(i) Condemn horticultural plants under chapter 15.13 RCW;

(ii) Condemn infested or infected articles under chapter 15.08 RCW;

(iii) Issue stop sale, use, or removal order under chapter 15.49 RCW;

(iv) Quarantine apiaries under chapter 15.60 RCW;

(v) Quarantine animals under chapter 16.36 RCW;

(vi) Impound infested, infected, or regulated articles pursuant to chapter 17.24 RCW; and

(vii) Close food processing facilities under chapter 69.07 RCW or under rules or regulations of the director adopted pursuant to such laws.

(2) The department shall enter a written order containing a brief statement of findings of fact, conclusions of law, and justification for the determination of an immediate danger to the public health, safety, or welfare. The order shall be effective when entered. Service of the order shall be made pursuant to WAC 10-08-110. The order shall also give the affected party instructions on how to request an adjudicative proceeding on the order, or, in the alternative, the department may in the order automatically establish a date affording the affected party the opportunity to present any defense concerning why the order is incorrect.

(3) A request for emergency hearing (application for an adjudicative proceeding) must be in writing and filed with the department during regular office hours at the address designated in the notice or instructions provided by the department. A request for hearing is filed in a timely manner when the mailing is postmarked or received by the department within five days of service of the order. A request for hearing may be filed with the department by personal delivery, commercial delivery, fax, or first-class, registered, or certified mail. A request for hearing may be filed by electronic mail (email) only when instructions for email filings have been provided by the department.

(4) The presiding officer for the emergency adjudicative proceeding shall issue a written order which shall be served on all parties. This written order is a final order.

(5) The order shall be effective pending disposition on the merits of the denial, suspension or revocation of authority.

History

Statutory Authority: RCW 43.17.060 and chapter 34.05 RCW. WSR 17-13-125, § 16-08-151, filed 6/21/17, effective 7/22/17. Statutory Authority: Chapter 34.05 RCW and RCW 34.05.479. WSR 98-09-085, § 16-08-151, filed 4/21/98, effective 5/22/98. Statutory Authority: RCW 34.05.425. WSR 93-10-059, § 16-08-151, filed 4/30/93, effective 5/31/93. Statutory Authority: Chapter 34.05 RCW. WSR 91-23-051, § 16-08-151, filed 11/15/91, effective 12/16/91.

Wash. Admin. Code § 16-08-161 Conversion of proceedings.

(1) Upon application by any person or upon their own motion, the presiding officer or other official responsible for the original proceeding shall consider whether the conversion of a proceeding pursuant to RCW 34.05.070 should be made.

(2) Commencement of the new proceeding shall be determined to be the time of commencement of the original proceeding, provided that all statutory and regulatory requirements for the new proceeding shall be met.

History

Statutory Authority: RCW 43.01.160 and 43.17.060. WSR 24-22-021, s 16-08-161, filed 10/28/24, effective 11/28/24. Statutory Authority: Chapter 34.05 RCW. WSR 91-23-051, § 16-08-161, filed 11/15/91, effective 12/16/91.

Wash. Admin. Code § 16-08-171 Documents—Filing.

Any documents filed with the director under provisions of the Administrative Procedure Act, chapter 34.05 RCW, Model rules of procedure, chapter 10-08 WAC, and this chapter, shall be filed with the Administrative Regulations Program, P.O. Box 42560, 1111 Washington St., S.E., Olympia, WA 98504-2560.

Unless otherwise required by law, documents may be filed with the department by personal delivery, commercial delivery, fax, or first-class, registered or certified mail. Documents may be filed by electronic mail (email) only when instructions for email filings have been provided by the department. Filing shall occur within the period of time specified for filing by statute, rule, or order.

History

Statutory Authority: RCW 43.17.060 and chapter 34.05 RCW. WSR 17-13-125, § 16-08-171, filed 6/21/17, effective 7/22/17. Statutory Authority: Chapter 34.05 RCW. WSR 97-14-050, § 16-08-171, filed 6/27/97, effective 7/28/97
WSR 91-23-051, § 16-08-171, filed 11/15/91, effective 12/16/91.

Chapter 16-19 Custom farm slaughterers, custom slaughtering establishments, and custom meat facilities.

Wash. Admin. Code § 16-19-010 Definitions.

Definitions in chapter 16.49 RCW, Custom slaughtering, apply to this chapter.

History

Statutory Authority: RCW 16.49.680. WSR 99-12-021, § 16-19-010, filed 5/24/99, effective 6/24/99.

Wash. Admin. Code § 16-19-015 Further definitions.

The following definitions apply in this chapter.

(1) "Carcass" means all or any parts, including viscera, of a slaughtered animal capable of being used for human food.

(2) "Equipment" means all machinery, fixtures, containers, vessels, tools, implements, and apparatus used in and around a custom slaughtering or meat handling establishment, and vehicles used to transport meat.

(3) "Meat" means the carcass, parts of carcass, meat and meat food products derived in whole or in part from meat food animals.

(4) "Meat by-product" means any edible part other than meat that has been derived from one or more meat food animals.

(5) "Meat food bird" for the purposes of processing the carcass shall mean a ratite weighing over one hundred pounds live weight. Ratites weighing less than one hundred pounds live weight may be processed either as poultry or as a "meat food bird."

(6) "Meat handling establishment" means any place of business where uninspected meat is stored, frozen, cut, wrapped, or otherwise prepared.

(7) "Identifying" means marking, stamping or tagging each half, quarter, and edible part of slaughtered food animal carcasses in a manner approved by the director, for the purpose of tracing such part to the person doing the slaughtering.

(8) "Operator" includes any owner, lessee, or manager of a custom slaughtering or meat handling establishment.

(9) "Prepared" means canned, salted, rendered, boned, cut up or otherwise manufactured, or processed.

(10) "Prepackaged inspected meat" means any inspected meat or meat food product prepared from inspected meat processed or prepared by establishments subject to inspection under a federal meat inspection act and packaged and sealed in a container or wrapping bearing the mark of federal inspection.

(11) "Unwholesome" includes meat products that may be diseased, contaminated, putrid, unsound, unhealthful, or otherwise unfit for slaughter for any reason that would make them unfit for human food.

(12) "Sanitize" means use of an effective bactericidal treatment process that provides enough accumulated heat or concentration of chemicals for a period of time sufficient to reduce the bacterial count, including pathogens, to a safe level.

History

Statutory Authority: RCW 16.49.680. WSR 99-12-021, § 16-19-015, filed 5/24/99, effective 6/24/99.

Wash. Admin. Code § 16-19-020 Requirements for sanitary operations.

Requirements for sanitary operations of custom farm slaughtering, custom slaughtering establishments, and custom meat facilities are found in Title 21 C.F.R. Part 110-Current good manufacturing practice in manufacturing, packing or holding human food. These rules have been adopted in WAC 16-167-050 (2)(k) and are available from the department on request.

History

Statutory Authority: RCW 16.49.680. WSR 99-12-021, § 16-19-020, filed 5/24/99, effective 6/24/99.

Wash. Admin. Code § 16-19-030 Licensing expiration date-late fee.

Licenses for custom farm slaughterers, custom slaughtering establishments, and custom meat facilities issued under RCW 16.49.440 shall expire on June 30 of each year. A late fee will be charged if the application for renewal is not received prior to July 1 of each year.

History

Statutory Authority: RCW 16.49.680. WSR 99-12-021, § 16-19-030, filed 5/24/99, effective 6/24/99.

Wash. Admin. Code § 16-19-100 Additional requirements for sanitary operations of custom farm slaughtering.

Mobile custom farm slaughtering units must have:

(1) A van body completely covering the unit, but which may exclude the driver's cab and the hoist. The van body must be made of material that is nonporous and impervious to moisture. Wood may be used only as internal framing or spacing material between double nonwooden walls. The van body must be constructed so that it excludes dust, dirt and insects. The construction must be smooth, durable and easily cleanable inside and out.

(a) All vans must have the joints at junctions of internal facing surfaces and panels sealed and waterproof. Metal joints must be smooth and splatter free. If metal is used, only stainless steel, galvanized steel, aluminum in good condition or other materials approved by the director may be used. Any insulation used must be of a type that does not absorb water.

(b) Minimum interior dimensions of the van, exclusive of room taken up by tanks and other mounted equipment must be:

(i) Height - Six feet.

(ii) Length - Six feet.

(iii) Width - (When using single center rail for hanging carcass) four feet.

(iv) Width - (When using two rails for hanging carcasses) six feet.

(2) A hoist of 2,000 pound capacity, capable of lifting a beef carcass to a height that enables the carcass to clear the ground for bleeding and evisceration. This hoist must extend outward from the truck body. If a beef spreader is included as part of the equipment it must be of suitable construction.

(3) A sterilizing tank constructed of smooth, cleanable, impervious and durable material, large enough to allow complete sanitizing of tools used in the slaughter operation. This sterilizing unit must be filled during all slaughter operations, with potable water maintained at a temperature of at least 180°F. An approved cold sterilant may be used if sufficient hot water is available for preliminary cleaning of contaminated equipment prior to sterilizing.

(4) A water tank built into the vehicle constructed of smooth, cleanable, impervious and durable material with a minimum capacity of 40 gallons. No slaughtering operation may be commenced unless at least 20 gallons is available. Water must be delivered to the outlets at a pressure of at least 40 pounds per square inch. One hose connection from tank and hose with nozzle must be provided to wash down carcasses. The water system must be maintained to a sanitary condition and be used only for potable water.

(5) Soap and paper towels must be available for washing hands and equipment.

(6) Outer garments worn by persons handling meat must be clean.

(7) All tools and equipment must be thoroughly washed and sanitized after each day's operation. They must be washed and sanitized if contaminated with viscera contents, abscesses, or foreign material during slaughtering operations.

(8) Meat food animals or meat food bird carcasses must not be transported in the mobile slaughter unit unless each carcass is hung so that it does not touch the floor except for beef carcasses that are dressed with the hide on and are to be delivered to a processing plant within two hours for completion of the dressing procedure. Carcasses with the hide on must be secured and placed in the mobile unit in a manner that prevents contact of hide with bare meat surfaces. Surfaces of the mobile unit that have been contaminated by contact with the hide must be cleaned and sanitized before subsequent carcasses are hauled.

(9) Edible offal must be transported in clean, covered, properly identified containers constructed of approved materials.

(10) No animals other than scalded and dehaired hogs, and defeathered meat food birds, and carcasses exempted under subsection (8) of this section may be dressed and transported with the hide on.

(11) Viscera of all meat food animals and meat food birds must be separated from the carcass at the time of slaughter on the premises where the animal is slaughtered. Feet must be removed from all meat food animals, except hogs, when scalded, and the head shall be removed from beef on the premises where it is slaughtered. Feet and metatarsus must be removed from meat food birds.

(12) All material produced through the slaughter activity, such as inedible offal and hide that may cause the slaughter area to become insanitary, must immediately upon completion of actual slaughter of the animal, be removed from the slaughtering area and disposed of in a sanitary manner. This is the licensee's responsibility.

(13) Meat food birds may be slaughtered by a custom farm slaughterer or custom slaughter establishment but not by a licensed custom poultry processor without prior approval by the director.

(14) Inedible offal may be only transported by a mobile custom slaughtering establishment under the following conditions:

(a) In a covered, watertight trailer constructed of smooth, cleanable, nonpervious material and maintained in a sanitary condition at all times; or

(b) In approved sanitary containers, in a separate compartment, in the van body. The compartment must be metal lined. There must be no openings from this compartment to the portion of the van used to transport edible products. All inedible offal containers, such as barrels or tubs, must be tightly covered and made of smooth, cleanable and nonpervious materials.

(15) A custom farm slaughterer may slaughter their own animal for their own consumption on any premises, farm or ranch, owned, rented or in any way controlled by themselves. No other animal may be slaughtered by the licensee on the premises, farm or ranch, owned, rented or in any way controlled by themselves or by members of their immediate family. Licensees under this section may slaughter more than one animal only if the animals have been in their possession more than 60 days.

(16) Whenever a licensee has reason to believe that a meat food animal or meat food product is unwholesome as defined in these rules, they must require an examination and declaration of wholesomeness by a licensed veterinarian before proceeding with slaughter or with processing of the carcass.

(17) Meat food birds must be slaughtered in a custom farm slaughterer mobile unit unless they are delivered to a custom slaughtering establishment.

History

Statutory Authority: RCW 43.01.160 and 16.49.680. WSR 24-22-022, s 16-19-100, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 16.49.680. WSR 99-12-021, § 16-19-100, filed 5/24/99, effective 6/24/99.

Wash. Admin. Code § 16-19-110 Custom farm slaughtering—Special slaughter conditions.

A custom farm slaughterer may slaughter an animal only on the premises of the present or first preceding owner of such animal, except as follows:

(1) An animal injured to such extent that immediate slaughter at the place of injury is necessary for humane reasons.

(2) Animals purchased for custom slaughter at any 4-H and FFA market stock sales and open class carcass contests where ownership of the carcass is retained by the entrant may be slaughtered by a custom farm slaughterer on any premise. The premises must be approved in advance by the local health district/department and the department. The fair representative must request approval for each operator they plan on using by submitting an application for special slaughter conditions to the department at least thirty days before any such slaughter is to be done.

History

Statutory Authority: RCW 16.49.680. WSR 99-12-021, § 16-19-110, filed 5/24/99, effective 6/24/99.

Wash. Admin. Code § 16-19-120 Custom farm slaughtering—Signs.

Each custom farm slaughterer's mobile unit must be conspicuously identified with letters and numbers at least three inches high by the words Washington license or abbreviation Wa. Lic. and bear the license number issued by the department to the licensee.

History

Statutory Authority: RCW 16.49.680. WSR 99-12-021, § 16-19-120, filed 5/24/99, effective 6/24/99.

Wash. Admin. Code § 16-19-130 Custom farm slaughtering—Identification of carcass and parts of carcasses.

Carcasses or parts of carcasses processed by a custom farm slaughterer must be identified in the following manner:

(1) Each operator must obtain from the department prior to slaughtering an animal, an approved tagging device for identifying each carcass slaughtered.

(2) Each carcass slaughtered by the licensee must have affixed to each quarter, or side, prior to departure from the slaughtering site, the department approved identifying tag. At the time of tagging the licensee must complete the attached "custom slaughter report certificate of permit," giving the name and address of the owner; the signature of the owner or agent; name of consignee if applicable; the date of slaughter and the slaughterer’s license number; the species of animal slaughtered and the brand, if any; and the license number of the custom farm slaughtering unit if the meat is to be delivered for processing. Edible offal delivered to a custom meat facility must be stamped "not for sale" upon arrival.

History

Statutory Authority: RCW 16.49.680. WSR 99-12-021, § 16-19-130, filed 5/24/99, effective 6/24/99.

Wash. Admin. Code § 16-19-140 Custom farm slaughtering—Reporting of activities.

(1) Each custom farm slaughterer must send the department a completed custom slaughter certificate of permit report for each animal processed the previous month no later than the 20th of each month.

(2) Custom slaughter certificate of permit reports accumulated between reporting periods must be kept on file at the licensee's principal place of business and be made available to the department on request.

(3) Failure to maintain or submit reports as required, or the making of fraudulent reports, constitutes grounds for suspension or revocation of an establishment's or slaughterer's license.

History

Statutory Authority: RCW 16.49.680. WSR 99-12-021, § 16-19-140, filed 5/24/99, effective 6/24/99.

Wash. Admin. Code § 16-19-200 Additional requirements for sanitary operation of custom slaughtering establishments.

Custom slaughtering establishments must have:

(1) Hot water of sufficient temperature in sufficient quantity to thoroughly clean and sanitize all equipment subject to contamination from dressing or handling of diseased carcasses. For the purpose of this section "sufficient temperature" means at least 160°F for cleaning purposes and 180°F for purposes of sanitizing. If an approved chemical sanitizing agent is used in the sanitizing step, a temperature of 160°F is considered adequate.

(2) Properly located sanitizing facilities of approved construction and of sufficient size for complete immersion of butcher tools, and other implements must be provided in the slaughter room and at any other place where the operation is likely to result in the contamination of such equipment and utensils. Such receptacles must have means of heating the water contained therein to 180°F and maintaining it at that temperature during the entire operation. The sanitizers must be designed so that they can be drained after each day's use.

(3) Inedible and condemned storage and handling facilities.

(a) Adequate facilities for sanitary handling and storage of inedible offal and for sanitizing equipment in which inedible materials were transported must be provided, including one or more properly located enclosed rooms. Hot and cold water must be provided at outlets in or adjacent to the inedible handling room. The necessary doors connecting inedible storage rooms with rooms where edible products are handled must be metal clad, self-closing and tight fitting.

(b) A separate refrigerated room capable of maintaining a temperature of 45°F or less must be provided for the storage of inedible material at plants that store such material for a period longer than twenty-four hours. Such rooms must be of sanitary construction and must have impervious floors, walls and ceilings. The floors must be watertight, properly sloped and provided with drains leading to the plant sewage disposal system.

(c) All tanks and equipment used for rendering or preparing inedible meat must be in rooms or compartments separate from those used for rendering or preparing edible products.

(4) The slaughter floor must be kept reasonably free of blood, fat, scraps, etc. Water must not be permitted to splash from the floor upon unprotected carcasses on the bed or on the half hoist. The bed must be reasonably clean before the carcass is lowered. Clean watertight metal containers in good repair and free from objectionable odors must be provided at convenient locations for the reception of feet, tails, ears, pizzles, or other inedible material. Evisceration must be performed so as to avoid contamination of the carcass with ingesta or fecal material.

(5) Carcasses must be washed with water under pressure from a spray nozzle. Towels, rags, cloths, brushes of any kind, or water dipped out of a drum or containers must not be used. Metal drums of containers of water must not be used for washing hands, tools, or parts of carcasses, or for flushing the floor. A carcass that has been contaminated by manure or by pus must have the contaminated portion removed by trimming before being washed.

(6) Inedible material must not be placed on the slaughter room floor and must be kept in suitable watertight containers or vehicles until removed from the slaughter room.

(7) Skinned beef, calf and vealer heads must not be permitted to come in contact with the floor. The horns, hornbutts, muzzles, and all pieces of hide must be removed before the head is washed. If the meat from the head is to be saved, the head must be thoroughly washed individually, and flushed in a head flushing cabinet. This must include a thorough flushing of the mouth, nostrils, and pharynx while the head is hanging in an inverted position.

(8) In removing the front feet of cattle and calves, care should be taken to expose as little of the flesh of the foreshank as possible.

(9) Calves of such size that there is not a clearance of at least eight inches above the floor, or whose viscera cannot be transported manually and unaided to the inedible room, must be skinned and eviscerated as cattle.

(10) Calves dressed hide-on must be thoroughly washed and cleaned prior to making any incision into the carcass other than the sticking wound, except the heads of calves and vealers slaughtered in the "Kosher" method should be skinned prior to washing the carcasses.

(11) In slaughtering lambs and sheep, the pelt must be removed and the carcass thoroughly washed and cleaned before any incision is made for evisceration. Adequate care must be taken to prevent soilage of the carcass when removing the pelt.

(12) Hog carcasses must be thoroughly washed, cleaned, and singed (when necessary) to remove all hair, scale, scurf, dirt and toenails on the slaughtering floor before any incision is made other than the sticking wound. The forefeet need not be cleaned if discarded in the slaughtering room. Hog heads left on the carcass or saved intact must be thoroughly washed and flushed (nostrils, mouth and pharynx) and have ear tubes and eyelids removed.

(13) Paunches must not be opened in the slaughtering room, except when a power operated paunch lift table is provided for this purpose.

(14) Carcasses must be removed from the slaughter room to the chill cooler immediately after dressing and washing is completed. Improperly washed or unclean carcasses must not be brought into the coolers.

History

Statutory Authority: RCW 16.49.680. WSR 99-12-021, § 16-19-200, filed 5/24/99, effective 6/24/99.

Wash. Admin. Code § 16-19-210 Requirements for assignment, stamping, recordkeeping and condemnation of meat.

The operator of any custom slaughtering establishment must have in their possession certificates of permit or other satisfactory proof of ownership of carcasses or parts thereof in their establishment. Such proof of ownership must be kept on file for a period of six months after receipt of the carcass or part of the carcass.

History

Statutory Authority: RCW 43.01.160 and 16.49.680. WSR 24-22-022, s 16-19-210, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 16.49.680. WSR 99-12-021, § 16-19-210, filed 5/24/99, effective 6/24/99.

Wash. Admin. Code § 16-19-300 Additional requirements for sanitary operations of custom meat facilities.

(1) Refrigerated facilities.

(a) Adequate refrigerated facilities must be provided for the chilling and storage of products. Carcass chill coolers and holding coolers must have mechanical refrigeration capable of maintaining a temperature of 35°F or lower, when loaded to capacity. When overhead refrigerating facilities are provided, insulated drip pans must be installed beneath them and the pans properly connected to the drainage system or to other suitable facilities. If wall coils are installed, a drip gutter of impervious material and connected with the drainage system must be installed beneath the coils. The clearance between a hanging carcass and the floor must be sufficient to avoid contact with or contamination from the floor.

(b) Meat food product storage and display facilities must not be loaded to exceed their intended capacity and must maintain fresh and cured products stored in them below 45°F internal temperature and frozen meat food products below 0°F internal temperature.

(i) Such refrigeration facilities must be equipped with a visible, accurate thermometer located in the warmest part of the refrigerated area.

(ii) Uninspected meat food products must not be stored in display cases used for displaying inspected meat held for sale.

(2) Clean and sanitary operations and procedures. Operations and procedures involving the preparation, storing or handling of any meat must be strictly in accord with clean and sanitary methods.

(a) Receptacles used for inedible meat in rooms where edible products are handled must be in good repair and be properly sanitized before usage.

(b) Carcasses or parts of carcasses of uninspected meat not returned to their owner must be properly denatured and properly disposed of. Inspected carcasses or parts of carcasses not intended for human consumption shall be denatured before disposal.

(c) Coolers must not be loaded beyond their capacity to properly chill the carcasses and edible offal. Maximum cooler capacity for carcass chilling and holding purposes is based on available rail space in the coolers. Sufficient space must be provided so that carcasses do not touch.

(3) Employee health. Every person employed in a custom meat facility who may contribute to the transmission of infectious disease through the nature of the employee’s contact with meat or equipment and facilities is encouraged to obtain and place on file with the operator, a food and beverage service worker’s permit as prescribed by chapter 69.06 RCW.

History

Statutory Authority: RCW 16.49.680. WSR 99-12-021, § 16-19-300, filed 5/24/99, effective 6/24/99.

Wash. Admin. Code § 16-19-310 Proof of ownership of uninspected carcasses or parts of carcasses.

(1) The operator of any custom meat facility must have in their possession certificates of permit as provided by chapter 16-610 WAC (Livestock Inspection) or other satisfactory proof of ownership of all uninspected carcasses or parts of carcasses received in their establishment. Such proof of ownership must be kept on file for six months after receipt of such carcass or part of carcass.

(2) While in possession of the operator all uninspected cattle carcasses or parts of carcasses must be identified by a department-approved tagging device describing the name and address of the owner, name and address of the slaughterer, if not the owner, the slaughter date and brand, if the animal was branded, while in the possession of the operator. Such identification must conform to the requirements of chapter 16.57 RCW (Livestock identification).

(3) All uninspected meat food animal carcasses or parts of carcasses other than cattle must be identified on a tag available from the department as to name and address of owner, name and address of the slaughterer if different from the owner, and the slaughter date while in possession of the operator.

(4) The operator must give each owner of uninspected carcasses, parts of carcasses, or meat food products delivered to a custom meat facility for preparation a written record stating the gross weight received for preparation. The operator must maintain a duplicate copy of this record at their principal place of business for six months.

(5) Operators making sales of prepackaged inspected meat to other than household users must maintain written records of all such transactions, including the buyer, type of product sold and total net weight of each exchange.

History

Statutory Authority: RCW 43.01.160 and 16.49.680. WSR 24-22-022, s 16-19-310, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 16.49.680. WSR 99-12-021, § 16-19-310, filed 5/24/99, effective 6/24/99.

Wash. Admin. Code § 16-19-320 Labeling and packaging requirements.

(1) All inspected meat and meat food products stored or prepared for the owner thereof, including packages or containers containing any uninspected meat food products, must be marked "NOT FOR SALE" in letters three-eighths of an inch in height immediately upon receipt and immediately after preparing.

(2) All meat food product labels and meat food product packaging must conform to requirements of chapter 19.94 RCW, the Weights and Measures Act and chapter 15.130 RCW, Food Safety and Security Act, now in effect or as amended, and rules adopted under those chapters.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-19-320, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 16.49.680. WSR 99-12-021, § 16-19-320, filed 5/24/99, effective 6/24/99.

Wash. Admin. Code § 16-19-330 Requirements for preparation and storage of meat and meat food products.

(1) Inspected meat and uninspected meat must be stored and prepared separately at all times. Separate meat storage areas must be designated for inspected and uninspected meat and meat food products. There must be no physical contact between inspected and uninspected meat.

(2) There must be a complete equipment cleanup after preparation of uninspected meat.

(3) Meat food products offered for sale as fully cooked must be heated in all parts to the following minimum temperatures before delivery to a household user:

(a) Beef 145°F for three minutes or, comminuted (ground) beef products 155°F for fifteen seconds.

(b) Pork 145°F for three minutes or 150°F for one minute.

(c) Any products containing poultry or meat food birds must be cooked to an internal temperature of at least 165°F for fifteen seconds.

(4) Any cooked or partially cooked meat food product not delivered to a household user within two hours of heating must be placed in a cooler allowing adequate air circulation that is maintained at an ambient temperature of 45°F or less within two hours after removal from the heating source (smoker).

(5) Any processing of food other than meat must be done at different times from processing of meat. Any common equipment, utensils, or food contact surfaces used in the preparation of meat, meat food products, and other food products must be sanitized between periods of processing. Processing food, other than meat food animals or meat food birds, whether for the owner or for wholesale distribution, requires obtaining a food processing license from the department. Specific requirements and information on food processing plant licensing may be obtained from the department.

History

Statutory Authority: RCW 16.49.680. WSR 99-12-021, § 16-19-330, filed 5/24/99, effective 6/24/99.

Chapter 16-24 Humane slaughter of livestock.

Wash. Admin. Code § 16-24-001 Promulgation.

I, Donald W. Moos, director of agriculture of the state of Washington by virtue of the authority vested in me under chapter 16.50 RCW; after due notice as provided under chapters 34.04 and 42.32 RCW and a public hearing held in Olympia on September 13, 1967 do promulgate the following regulations.

History

Order 1067, Promulgation, filed 9/19/67, effective 10/20/67
Order 804, Promulgation, effective 3/18/60.

Wash. Admin. Code § 16-24-010 Definitions.

For the purposes of WAC 16-24-010 through 16-24-050:

(1) "Department" means the department of agriculture of the state of Washington.

(2) "Director" means the director of the department or their duly appointed representative.

(3) "Humane method" means either:

(a) A method whereby the animal is rendered insensible to pain be mechanical, electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast or cut; or

(b) A method in accordance with the ritual requirements of any religious faith whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.

(4) "Livestock" means cattle, calves, sheep, swine, horses, mules and goats.

(5) "Packer" means any person engaged in the business of slaughtering livestock.

(6) "Person" means a natural person, individual, firm, partnership, corporation, company, society and association and every officer, agent or employee, thereof. This term shall import either the singular or plural, as the case may be.

(7) "Slaughterer" means any person engaged in the commercial or custom slaughtering of livestock, including custom farm slaughterers.

(8) "Law" - Chapter 16.50 RCW, (chapter 31, Laws of 1967).

(9) "Carbon dioxide" - A gaseous form of the chemical formula CO2.

(10) "Carbon dioxide concentration" - Ratio of carbon dioxide gas and atmospheric air.

(11) "Exposure time" - The period of time an animal is exposed to an anesthesia-producing carbon dioxide concentration.

(12) "Anesthesia" - Loss of sensation or feeling.

(13) "Surgical anesthesia" - A state of unconsciousness measured in conformity with accepted surgical practices.

(14) "Consciousness" - Responsiveness of the brain to the impressions made by the senses.

(15) "Captive bolt" - A stunning instrument which when activated drives a bolt out a barrel for a limited distance.

History

Statutory Authority: RCW 16.50.130 and 43.01.160. WSR 24-22-024, s 16-24-010, filed 10/28/24, effective 11/28/24
Order 1067, Regulation 1, filed 9/19/67, effective 10/20/67
Order 804, Regulation 1.01, effective 3/18/60.

Wash. Admin. Code § 16-24-012 Slaughter by humane method—Violation.

(1) No slaughterer or packer shall bleed or slaughter any livestock except by a humane method: Provided, that the director may, by administrative order, exempt a person from compliance with this order for a period of not to exceed six months if they find that an earlier compliance would cause such person undue hardship.

(2) The use of a manually operated hammer, sledge or pole axe is declared to be an inhumane method of slaughter within the meaning of chapter 16-24 WAC.

(3) Any person violating any provision of chapter 16-24 WAC is guilty of a misdemeanor and subject to a fine of not more than $250 or confinement in the county jail for not more than 90 days.

(4) Nothing in chapter 16-24 WAC shall be construed to prohibit, abridge, or in any way hinder the religious freedom of any person or group. Notwithstanding any other provisions of this order, ritual slaughter and the handling or other preparation of livestock for ritual slaughter is defined as humane.

History

Statutory Authority: RCW 16.50.130 and 43.01.160. WSR 24-22-024, s 16-24-012, filed 10/28/24, effective 11/28/24
Order 1067, Regulations 2-5, filed 9/19/67, effective 10/20/67
Order 804, Regulation 1.06, effective 3/18/60.

Wash. Admin. Code § 16-24-020 Chemical—Carbon dioxide.

The slaughtering of calves, sheep, and swine with the use of carbon dioxide gas and the handling in connection therewith, in compliance with the provisions contained in this section, are hereby designated and approved as humane methods of slaughtering and handling of such animals under the law.

(1) Administration of gas, required effect; handling.

(a) The carbon dioxide gas shall be administered in a chamber in accordance with this section so as to produce surgical anesthesia in the animals before they are shackled, hoisted, thrown, cast, or cut. The animals shall be exposed to the carbon dioxide gas in a way that will accomplish the anesthesia quickly and calmly, with a minimum of excitement and discomfort to the animals.

(b) The driving or conveying of the animals to the carbon dioxide chamber shall be done with a minimum of excitement and discomfort to the animals. Delivery of calm animals to the anesthesia chamber is essential since the induction or early phase of anesthesia is less violent with docile animals. Among other things this requires that, in driving animals to the anesthesia chamber, electrical equipment be used as little as possible and with the lowest effective voltage.

(c) On emergence from the carbon dioxide chamber the animals shall be in a state of surgical anesthesia and shall remain in this condition throughout shackling, sticking and bleeding. Asphyxia or death from any cause shall not be produced in the animals before bleeding.

(2) Facilities and procedures.

(a) General requirements for gas chamber and auxiliary equipment; operator.

(i) The carbon dioxide gas shall be administered in a chamber which accomplishes effective exposure of the animal. Two types of chambers involving the same principle are in common use for carbon dioxide anesthesia. They are the "U" type chamber and the "straight line" type chamber. Both are based upon the principle that carbon dioxide gas has a higher specific gravity than air. The chambers open at both ends for entry and exit of animals and have a depressed central section. Anesthetizing carbon dioxide concentrations are maintained in the depressed central section of the chamber. Effective anesthetization is produced in this section. Animals are driven from holding pens through a pathway constructed of pipe or other smooth metal onto a continuous conveyor device which moves the animals through the chamber. The animals are compartmentalized on the conveyor by impellers synchronized with the conveyor or are otherwise prevented from crowding. Where impellers are used to compartmentalize the animal, a mechanically or manually operated gate will be used to move the animal onto the conveyor. Surgically anesthetized animals are moved from the chamber by the same continuous conveyor that carried them into and through the carbon dioxide gas.

(ii) Flow of animals into and through the carbon dioxide chamber is dependent on one operator. The operation or stoppage of the conveyor is entirely dependent upon this operator. It is necessary that they be skilled, attentive, and aware of their responsibility. Overdosages and death of animals can be brought about by carelessness of this individual.

(b) Special requirements for gas chamber and auxiliary equipment. The ability of anesthetizing equipment to perform with maximum efficiency is dependent on its proper design and efficient mechanical operation. Pathways, compartments, gas chambers, and all other equipment used must be designed to accommodate properly the species of animals being anesthetized. They shall be free from pain producing restraining devices. Injury of animals must be prevented by the elimination of sharp projections or exposed wheels or gears. There shall be no unnecessary holes, spaces, or openings where feet or legs of animals may be injured. Impellers or other devices designed to mechanically move or drive animals or otherwise keep them in motion or compartmentalized shall be constructed of flexible or well padded rigid material. Power activated gates designed for constant flow of animals to anesthetizing equipment shall be so fabricated that they will not cause injury. All equipment involved in anesthetizing animals shall be maintained in good repair.

(c) Gas. Maintenance of a uniform carbon dioxide concentration and distribution in the anesthesia chamber is a vital aspect of producing surgical anesthesia. This may be assured by reasonable accurate instruments which sample and analyze carbon dioxide gas concentration within the chamber throughout anesthetizing operations. Gas concentration shall be maintained uniform so that the degree of anesthesia in exposed animals will be constant. Carbon dioxide gas supplied to anesthesia chambers may be from controlled reduction of solid carbon dioxide or from a controlled liquid source. In either case, the carbon dioxide shall be supplied at a rate sufficient to anesthetize adequately and uniformly the number of animals passing through the chamber. Sampling of gas for analysis shall be made from a representative place or places within the chamber and on a continuing basis. Gas concentrations and exposure time shall be graphically recorded throughout each day's operation. Neither carbon dioxide nor atmospheric air used in the anesthesia chambers shall contain noxious or irritating gases. Each day before equipment is used for anesthetizing animals, proper care shall be taken to mix adequately the gas and air within the chamber. All gas producing and control equipment shall be maintained in good repair and all indicators, instruments, and measuring devices must be available for inspection by department inspectors during anesthetizing operations and at other times. A suitable exhaust system must be provided to eliminate possible overdosages due to mechanical or other failure of equipment.

History

Statutory Authority: RCW 16.50.130 and 43.01.160. WSR 24-22-024, s 16-24-020, filed 10/28/24, effective 11/28/24
Order 1067, Regulation 6, filed 9/19/67, effective 10/20/67
Order 804, Regulation 1.02, effective 3/18/60.

Wash. Admin. Code § 16-24-030 Mechanical—Captive bolt.

The slaughtering of cattle, calves, sheep, swine, goats, horses and mules by using captive bolt stunners and the handling in connection therewith, in compliance with the provisions contained in this section, are hereby designated and approved as humane methods of slaughtering and handling of such animals under the law.

(1) Application of stunners, required effect; handling.

(a) The captive bolt stunners shall be applied to the livestock in accordance with this section so as to produce immediate unconsciousness in the animals before they are shackled, hoisted, thrown, cast, or cut. The animals shall be stunned in such a manner that they will be rendered unconscious with a minimum of excitement and discomfort.

(b) The driving of the animals to the stunning areas shall be done with a minimum of excitement and discomfort to the animals. Delivery of calm animals to the stunning areas is essential since accurate placement of stunning equipment is difficult on nervous or injured animals. Among other things, this requires that, in driving animals to the stunning areas, electrical equipment be used as little as possible and with the lowest effective voltage.

(c) Immediately after the stunning blow is delivered the animals shall be in a state of complete unconsciousness and remain in this condition throughout shackling, sticking and bleeding.

(2) Facilities and procedures.

(a) General requirements for stunning facilities; operator.

(i) Acceptable captive bolt stunning instruments may be either skull penetrating or nonpenetrating. The latter type is also described as a concussion or mushroom type stunner. Penetrating instruments on detonation deliver bolts of varying diameters and lengths through the skull and into the brain. Unconsciousness is produced immediately by physical brain destruction and a combination of changes in intracranial pressure and acceleration concussion. Nonpenetrating or mushroom stunners on detonation deliver a bolt with a flattened circular head against the external surface of the animal's head over the brain. Diameter of the striking surface of the stunner may vary as conditions require. Unconsciousness is produced immediately by a combination of acceleration concussion and changes in intracranial pressures. A combination instrument utilizing both penetrating and nonpenetrating principles is acceptable. Energizing of instruments may be accomplished by detonation of measured charges of gunpowder or accurately controlled compressed air. Captive bolts shall be of such size and design that, when properly positioned and activated, immediate unconsciousness is produced.

(ii) To assure uniform unconsciousness with every blow, compressed air devices must be equipped to deliver the necessary constant air pressure and must have accurate constantly operating air pressure gauges. Gauges must be easily read and conveniently located for use by the stunning operator and the inspector. For purposes of protecting employees, inspectors, and others, it is desirable that any stunning device be equipped with safety features to prevent injuries from accidental discharge. Stunning instruments must be maintained in good repair.

(iii) The stunning area shall be so designed and constructed as to limit the free movements of animals sufficiently to allow the operator to locate the stunning blow with a high degree of accuracy. All chutes, alleys, gates and restraining mechanisms between and including holding pens and stunning area shall be free from pain producing features such as exposed bolt ends, loose boards, splintered or broken planking and protruding sharp metal of any kind. There shall be no unnecessary holes or other openings where feet or legs of animals may be injured. Overhead drop gates shall be suitably covered on the bottom edge to prevent injury on contact with animals. Roughened or cleated cement shall be used as flooring in chutes leading to stunning areas to reduce falls of animals. Chutes, alleys, and stunning areas shall be so designed that they will comfortably accommodate the kinds of animals to be stunned.

(iv) The stunning operation is an exacting procedure and requires a well-trained and experienced operator. They must be able to accurately place the stunning instrument to produce immediate unconsciousness. They must use the correct detonating charge with regard to kind, breed, size, age, and sex of the animal to produce the desired results.

(b) Special requirements: Choice of instrument and force required to produce immediate unconsciousness varies, depending on kind, breed, size, age, and sex of the animal: Young swine, lambs, and calves usually require less stunning force than mature animals of the same kind. Bulls, rams, and boars usually require skull penetration to produce immediate unconsciousness. Charges suitable for smaller kinds of livestock such as swine or for young animals are not acceptably interchanged for use on larger kinds or older livestock, respectively.

History

Statutory Authority: RCW 16.50.130 and 43.01.160. WSR 24-22-024, s 16-24-030, filed 10/28/24, effective 11/28/24
Order 1067, Regulation 7, filed 9/19/67, effective 10/20/67
Order 804, Regulation 1.03, effective 3/18/60.

Wash. Admin. Code § 16-24-040 Mechanical—Gunshot.

The slaughtering of cattle, calves, sheep, swine, goats, horses and mules by shooting with firearms and the handling in connection therewith, in compliance with the provisions contained in this section, are hereby designated and approved as humane methods of slaughtering and handling of such animals under the law.

(1) Utilization of firearms, required effect; handling.

(a) The firearms shall be employed in the delivery of a bullet or projectile into the animal in accordance with this section so as to produce immediate unconsciousness in the animal by a single shot before it is shackled, hoisted, thrown, cast, or cut. The animals shall be shot in such a manner that they will be rendered unconscious with a minimum of excitement and discomfort.

(b) The driving of the animals to the shooting areas shall be done with a minimum of excitement and discomfort to the animals. Delivery of calm animals to the shooting area is essential since accurate placement of the bullet is difficult in case of nervous or injured animals. Among other things, this requires that, in driving animals to the shooting areas, electrical equipment be used as little as possible and with the lowest effective voltage.

(c) Immediately after the firearm is discharged and the projectile is delivered, the animal shall be in a state of complete unconsciousness and remain in this condition throughout shackling, sticking and bleeding.

(2) Facilities and procedure.

(a) General requirements for shooting facilities; operator.

(i) On discharge, acceptable firearms dispatch free projectiles or bullets of varying sizes and diameters through the skull and into the brain. Unconsciousness is produced immediately by a combination of physical brain destruction and changes in intracranial pressure. Caliber of firearms shall be such that when properly aimed and discharged, the projectile produces immediate unconsciousness.

(ii) To assure uniform unconsciousness with every discharge when small-bore firearms are used, it is necessary to use one of the following type projectiles: Hollow pointed bullets, frangible iron plastic composition bullets, or powdered iron missiles. When powdered iron missiles are used, the firearms shall be in close proximity with the skull of the animal when fired. Firearms must be maintained in good repair. For purposes of protecting employees, inspectors, and others, it is desirable that all firearms be equipped with safety devices to prevent injuries from accidental discharge. Aiming and discharging of firearms should be directed away from operating areas.

(iii) The provisions contained in WAC 16-24-030 (2)(a)(iii) with respect to the stunning area also apply to the shooting area.

(iv) The shooting operation is an exacting procedure and requires a well-trained and experienced operator. They must be able to accurately direct the projectile to produce immediate unconsciousness. They must use the correct caliber firearm, powder charge and type of ammunition to produce the desired results.

(b) Special requirements: Choice of firearms and ammunition with respect to caliber and choice of powder charge required to produce immediate unconsciousness varies, depending on age and sex of the animal. In the case of bulls, rams, and boars, small-bore firearms may be used provided they are able to produce immediate unconsciousness of the animals. Small-bore firearms are usually effective for stunning other cattle, sheep, swine, goats, calves, horses and mules.

History

Statutory Authority: RCW 16.50.130 and 43.01.160. WSR 24-22-024, s 16-24-040, filed 10/28/24, effective 11/28/24
Order 1067, Regulation 8, filed 9/19/67, effective 10/20/67
Order 804, Regulation 1.04, effective 3/18/60.

Wash. Admin. Code § 16-24-050 Electrical—Stunning with electric current.

The slaughtering of cattle, calves, sheep, swine and goats with the use of electric current and the handling in connection therewith, in compliance with the provisions contained in this section, are hereby designated and approved as humane methods of slaughtering and handling of such animals under the law.

(1) Administration of electric current, required effect; handling.

(a) The electric current shall be administered so as to produce surgical anesthesia in the animals before they are shackled, hoisted, thrown, cast, or cut. The animals shall be exposed to the electric current in a way that will accomplish the anesthesia quickly and calmly, with a minimum of excitement and discomfort to the animals.

(b) The driving or conveying of the animals to the place of application of electric current shall be done with a minimum of excitement and discomfort to the animals. Delivery of calm animals to the place of application is essential to insure rapid and effective insensibility. Among other things this requires that, in driving animals to the place of application, electrical equipment be used as little as possible and with the lowest effective voltage.

(c) The quality and location of the electrical shock shall be such as to produce immediate insensibility to pain in the exposed animal.

(d) The stunned animal shall remain in a state of surgical anesthesia through shackling, sticking and bleeding. However, the animal shall die from loss of blood resulting from sticking and bleeding, and not from electrical shock.

(2) Facilities and procedures; operator.

(a) General requirements for operator: It is necessary that the operator of electric current application equipment be skilled, attentive, and aware of their responsibility. Overdosages and death of animals can be brought about by carelessness of this individual.

(b) Special requirements for electric current application equipment: The ability of electric current equipment to perform with maximum efficiency is dependent on its proper design and efficient mechanical operation. Pathways, compartments, current applicators, and all other equipment used must be designed to accommodate properly the species of animals being anesthetized. They shall be free from pain producing restraining devices. Injury of animals must be prevented by the elimination of sharp projections or exposed wheels or gears. There shall be no unnecessary holes, spaces or openings where feet or legs of animals may be injured. Impellers or other devices designed to mechanically move or drive animals or otherwise keep them in motion or compartmentalized shall be constructed of flexible or padded material. Power activated gates designed for constant flow of animals to electrical stunning equipment shall be so fabricated that they will not cause injury. All electrical stunning and auxiliary control and other equipment shall be maintained in good repair and all indicators, instruments, and measuring devices shall be available for inspection by department inspectors during stunning operations and at other times.

(c) Electric current: Each animal shall be given a sufficient application of electric current to insure unconsciousness immediately and through the bleeding operation. Suitable timing, voltage and current control devices shall be used to insure that each animal receives the necessary electrical charge to produce immediate unconsciousness. Moreover, the current shall be applied so as to avoid the production of hemorrhages or other tissue changes that would interfere with the inspection procedures of the department.

History

Statutory Authority: RCW 16.50.130 and 43.01.160. WSR 24-22-024, s 16-24-050, filed 10/28/24, effective 11/28/24
Order 1067, Regulation 9, filed 9/19/67, effective 10/20/67
Order 804, Regulation 1.05, effective 3/18/60.

Chapter 16-25 Disposal of dead livestock.

Wash. Admin. Code § 16-25-010 Purpose.

The purpose of this rule is to prevent the transmission of livestock diseases and to protect the public health, safety, and welfare and Washington state's livestock industry through the proper routine disposal of carcasses of livestock that have died because of disease. The statutory authority for the rule is found in RCW 16.36.010 and 16.36.092.

History

Statutory Authority: RCW 16.36.010, 16.36.092, and chapter 34.05 RCW. WSR 07-10-086, § 16-25-010, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 16-25-015 Applicability.

This rule applies to the disposal of livestock that has died because of disease or an unknown cause.

History

Statutory Authority: RCW 16.36.010, 16.36.092, and chapter 34.05 RCW. WSR 07-10-086, § 16-25-015, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 16-25-020 Definitions.

In addition to the definitions found in RCW 16.36.005, the following definitions apply to this chapter:

"Burial" means placing a carcass below the natural surface of the ground and completely covering it with soil.

"Carcass" means the body or tissues of a livestock animal that has died or has been killed other than by slaughter for human or animal consumption or commercial use.

"Composting" means the aerobic decomposition of organic matter under controlled conditions.

"Death from disease" means livestock that has died from a disease or an unknown cause.

"Emergency disposal" means disposal of carcasses ordered depopulated by the director or depopulated as a result of a reportable disease listed in WAC 16-70-010.

"Incineration" means the controlled and monitored combustion of carcasses for the purposes of volume reduction and pathogen control as approved by the department of ecology or local air pollution control authorities.

"Landfill" means a permitted facility, whether on-site or off-site, where solid waste is permanently placed in or on land, in accordance with chapter 70.95 RCW and chapters 173-350 and 173-351 WAC.

"Livestock" means horses, mules, donkeys, cattle, bison, sheep, goats, swine, rabbits, llamas, alpacas, ratites, poultry, waterfowl, game birds, and other species so designated by statute. This term does not include free ranging wildlife as defined in Title 77 RCW.

"Natural decomposition" means decomposition of carcasses through natural decay processes on the surface of the ground without cover material.

"Open burning" means the act of consuming or destroying a carcass by fire with or without the use of an accelerant.

"Rangeland" means a large open area for grazing of livestock in excess of one hundred sixty acres of contiguous usable grazing or timberland.

"Rendering" means the practice of using heat to convert dead animal carcasses and animal by-products into marketable products, such as meat and bone meal for animal feed, human food additives, or cosmetics.

"Routine disposal" means the disposal of the carcass of a livestock animal that died in the normal course of business. Routine disposal does not include carcasses of livestock ordered depopulated by the director or depopulated as a result of a reportable disease listed in WAC 16-70-010.

History

Statutory Authority: RCW 16.36.010, 16.36.092, and chapter 34.05 RCW. WSR 07-10-086, § 16-25-020, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 16-25-025 Routine disposal.

A carcass must be disposed of within seventy-two hours of the time of death or discovery to avoid nuisance odors or disease. If weather conditions prevent burial within seventy-two hours and rendering, composting, landfilling, or natural decomposition cannot be accomplished, then the carcass must be buried as soon as the weather permits. The following are acceptable methods for the routine disposal of carcasses:

(1) Burial.

(a) A carcass may be disposed of by burial on the property where the livestock animal died if done with the approval of the property owner.

(b) A carcass must be buried to a depth so that no part of the carcass is nearer than three feet to the natural surface of the ground. Every part of the carcass must be covered with at least three feet of soil within twenty-four hours of placement in the ground.

(i) At least three hundred feet from any well, spring, or body of surface water, such as a river, stream, lake, pond, or intermittent stream;

(ii) At least three hundred feet from any residence not owned by the owner of the livestock animal;

(iii) At least fifty feet from any property line between parcels under different ownership; and

(iv) Not in a low-lying area subject to seasonal flooding or within a hundred-year flood plain or in a manner that will impact groundwater.

(d) Each burial site is limited to one thousand pounds of carcasses or one livestock animal weighing more than one thousand pounds.

(e) Carcass burial is not allowed on a property of less than five acres, except for the burial of a single carcass weighing less than two hundred pounds. The maximum amount of land used for burial during any year is limited to ten percent of the property or one acre, whichever is greater.

(2) Burning. Open burning of carcasses is not allowed for routine disposal under RCW 70.94.775.

(3) Composting. Composting must be conducted in compliance with chapter 70.95 RCW and chapter 173-350 WAC.

(4) Incineration.

(a) Complete incineration of carcasses to a mineral residue must be performed in an approved incineration facility or by a mobile air curtain incinerator; and

(b) Appropriate permits must be obtained in advance through the local air pollution control authority or the department of ecology in accordance with requirements of chapter 70.94 RCW, Washington Clean Air Act.

(5) Landfill. Carcasses may be disposed of at a privately or publicly owned landfill with prior approval of the local health officer and the landfill operator, and permitted in accordance with chapter 70.95 RCW and chapters 173-350 and 173-351 WAC.

(6) Natural decomposition. A livestock animal that dies on private or state rangeland from causes other than a significant infectious or contagious disease agent may be left to decompose naturally on that property as long as the carcass:

(a) Is at least one thousand three hundred twenty feet from any well, spring, sinkhole, or body of surface water such as a river, stream, lake, pond, or intermittent stream;

(b) Is at least one thousand three hundred twenty feet from any residence not owned by the owner of the dead livestock animal;

(d) Is out of public view; and

(e) Is left to decompose on the land with the property owner's permission.

(7) Digestion. Digestion of carcasses may be accomplished only in a properly designed and sized carcass digester approved by the director.

(8) Rendering. Carcasses may be rendered only by a rendering plant licensed under chapter 16.68 RCW, Disposal of dead animals.

History

Statutory Authority: RCW 16.36.010, 16.36.092, and chapter 34.05 RCW. WSR 07-10-086, § 16-25-025, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 16-25-030 Disposal of livestock that have died from a reportable disease.

The carcass of a livestock animal that has died from a reportable disease must be disposed of in consultation with the state veterinarian. The list of reportable diseases and reporting requirements are found in chapter 16-70 WAC.

History

Statutory Authority: RCW 16.36.010, 16.36.092, and chapter 34.05 RCW. WSR 07-10-086, § 16-25-030, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 16-25-040 General emergency authority.

If the state veterinarian determines there is an animal health emergency, the state veterinarian has the authority to specify the method of disposal and place additional requirements for the disposal of carcasses of livestock animals that die of disease or are euthanized to prevent the spread of disease.

History

Statutory Authority: RCW 16.36.010, 16.36.092, and chapter 34.05 RCW. WSR 07-10-086, § 16-25-040, filed 5/1/07, effective 6/1/07.

Chapter 16-29 Animal disease traceability.

Wash. Admin. Code § 16-29-005 Purpose.

The purpose of this chapter is to administer animal disease traceability activities by assessing a per head fee on cattle sold or slaughtered in the state or transported out of the state.

History

Statutory Authority: RCW 16.36.150 and chapter 34.05 RCW. WSR 15-02-024, § 16-29-005, filed 12/30/14, effective 7/1/15.

Wash. Admin. Code § 16-29-010 Definitions.

In addition to the definitions found in RCW 16.36.005, 16.57.010, 16.58.020 and chapter 16-610 WAC the following definitions apply to this chapter:

"Custom slaughtering" means slaughtering performed by a person licensed under chapter 16.49 RCW to slaughter meat food animals for the owner of the animal.

"Entry permit" means prior written permission issued by the director to admit or import animals or animal reproductive products into Washington state.

"Immediate slaughter cattle" means out-of-state cattle processed within twenty-four hours of entry to a federally inspected slaughter facility.

"Slaughter facility" means an establishment operated for the purpose of slaughtering meat food animals for sale or use as human food in compliance with the federal Meat Inspection Act.

History

Statutory Authority: RCW 16.36.150 and chapter 34.05 RCW. WSR 15-02-024, § 16-29-010, filed 12/30/14, effective 7/1/15.

Wash. Admin. Code § 16-29-015 Levy and collection of assessment.

(1) An assessment of $0.23 per head is levied on all cattle sold or slaughtered in the state or transported out of the state except for:

(a) An assessment of $0.05 per head is levied on all immediate slaughter cattle.

(b) No assessment is paid on cattle slaughtered and retained by the owner for personal consumption.

(2) Collection of assessments will be collected in the same manner as the livestock inspection fees under RCW 16.57.223 and 16.65.090 except for subsection (1)(a) of this section. For immediate slaughter cattle or cattle originating from a certified feedlot, the assessments will be collected by the slaughter facility and remitted to the department by the fifteenth day of the month following the month the transaction occurred.

(3) Assessments owed from private individual sales, trades, gifting, barter, or any other action that constitutes a change of ownership of livestock per WAC 16-610-020(3), not occurring at a public livestock market or special sale licensed under chapters 16.65 RCW and 16-610 WAC or a slaughter facility, will be collected:

(a) When a change of ownership livestock inspection is conducted or when the transaction is reported through an electronic livestock movement reporting system per chapter 16-610 WAC.

(b) When utilizing the "green tag" as provided in RCW 16.57.160(3). The assessment will be added to the purchase price of each tag.

(4) Assessments are collected at a federally inspected slaughter facility when:

(a) Cattle are sold and slaughtered concurrently. This is considered a one assessment event and one fee shall be collected per head from the seller.

(b) Cattle originate from a certified feedlot licensed under chapter 16.58 RCW. The assessments will be collected by the slaughter facility and remitted to the department by the fifteenth day of the month following the month the transaction occurred.

(c) Cattle are slaughtered and no change of ownership has occurred, the per head fee shall be collected from the owner of the animal.

(5) Collection of assessments for custom slaughtering occurs when utilizing custom slaughter beef tags per WAC 16-610-100. The assessment will be added to the purchase price of each tag.

(6) Collection of assessments at public livestock markets and special sales licensed under chapter 16.65 RCW will be considered one assessment event, charged to the seller, when:

(a) Cattle are purchased and destined to an out-of-state location by the buyer.

(b) Cattle are purchased and destined for slaughter to an in-state federally inspected slaughter facility.

(7) When Washington origin cattle are transported for sale to an out-of-state market where the director conducts inspections of Washington origin cattle by agreement with the host state, it shall be considered one assessment event and one fee shall be collected per head from the Washington seller.

(8) Collection of assessments for out-of-state movement occurs when:

(a) Cattle are purchased and destined to an out-of-state location by the buyer. This is considered a one assessment event and one fee shall be collected per head from the seller.

(b) Cattle are moving out-of-state with no change of ownership.

History

Statutory Authority: RCW 16.36.150 and chapter 34.05 RCW. WSR 16-23-107, § 16-29-015, filed 11/18/16, effective 12/19/16
WSR 15-02-024, § 16-29-015, filed 12/30/14, effective 7/1/15.

Wash. Admin. Code § 16-29-017 Reporting requirements.

(1) Slaughter facilities shall furnish the department a report of all cattle slaughtered by individual consignment. The report is due by the fifteenth day of the month following the month the transaction occurred. The report must include:

(a) Slaughter date;

(b) Number of head slaughtered;

(d) Sex;

(e) Name of owner/seller;

(f) State of origin; and

(g) Any other information the director deems necessary.

(2) As an alternative to the report described in subsection (1) of this section, the department will accept a completed affidavit (AGR Form 402-3093) only when the following conditions are met:

(a) All USDA inspected cattle slaughtered during the month were inspected by either a department livestock inspector or a department certified accredited veterinarian approved to conduct livestock inspections;

(b) No out-of-state cattle were slaughtered during the month; and

(3) The report or affidavit may be submitted to the department by email to adtwa@agr.wa.gov, by fax to 360-902-2087, or by mail to Washington State Department of Agriculture, Animal Disease Traceability Program, P.O. Box 42577, Olympia, Washington 98504-2577.

History

Statutory Authority: RCW 16.36.150 and chapter 34.05 RCW. WSR 16-23-107, § 16-29-017, filed 11/18/16, effective 12/19/16.

Wash. Admin. Code § 16-29-020 Inspection of records.

The slaughter facility must keep accurate records for six years for all cattle entering a federally inspected slaughter facility. Records must be open for review by authorized department of agriculture personnel during normal business hours, and must be provided to the department upon the director's request.

History

Statutory Authority: RCW 16.36.150 and chapter 34.05 RCW. WSR 15-02-024, § 16-29-020, filed 12/30/14, effective 7/1/15.

Wash. Admin. Code § 16-29-025 Penalty outline and schedule.

(1) If any person fails to comply with the requirements of RCW 16.36.150, the director may issue that person a notice of infraction and may assess a penalty.

(2) Each violation is a separate and distinct offense. Penalties may be assessed per violation or per head.

(3) The following is the base penalty, not including statutory assessments.

| Violation | Base Penalty | | | --- | --- | --- | | RCW 16.36.150 | Failing to pay the traceability fee | | | First offense | $50.00 | | | Second offense within three years | $125.00 | | | Third and subsequent offenses within three years | $250.00 | |

(4) If any person fails to comply with the reporting requirements described in WAC 16-29-017, the penalties will be assessed according to chapter 16-90 WAC.

History

Statutory Authority: RCW 16.36.150 and chapter 34.05 RCW. WSR 16-23-107, § 16-29-025, filed 11/18/16, effective 12/19/16
WSR 15-02-024, § 16-29-025, filed 12/30/14, effective 7/1/15.

Chapter 16-30 Restricted holding facilities.

Wash. Admin. Code § 16-30-010 Definitions.

In addition to the definitions found in RCW 16.36.005, the following definitions apply to this chapter:

"Department" means the Washington state department of agriculture (WSDA).

"Designated surveillance area" means a disease surveillance area in the Greater Yellowstone Area within the states of Idaho, Montana, and Wyoming where brucellosis positive elk are known or suspected to exist. In these areas, comingling of elk and livestock, and livestock exposure to tissue containing Brucella, is possible.

"Director" means the director of the department of agriculture or the director's authorized representative.

"Official individual identification" means official United States Department of Agriculture (USDA) approved individual identification tag.

| Note: | Official USDA ear tags are imprinted with an individual identification number, bears the official U.S. shield, and are tamper proof. | | --- | --- |

"Restricted animals" means animals being held in a restricted holding facility.

History

Statutory Authority: RCW 16.36.040. WSR 19-02-071, § 16-30-010, filed 12/31/18, effective 1/31/19. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-20-091, § 16-30-010, filed 9/30/10, effective 10/31/10
WSR 08-01-095, § 16-30-010, filed 12/17/07, effective 1/17/08. Statutory Authority: Chapter 16.36 RCW. WSR 99-14-032, § 16-30-010, filed 6/29/99, effective 7/30/99. Statutory Authority: RCW 16.36.040 and 16.36.050. WSR 89-06-014 (Order 1995), § 16-30-010, filed 2/23/89
WSR 88-05-003 (Order 1964), § 16-30-010, filed 2/5/88
Order 955, Regulation 1, filed 8/31/64
Order 851, Regulation 1, effective 7/19/61.

Wash. Admin. Code § 16-30-035 Types of restricted holding facilities.

(1) Restricted holding facilities are isolated areas approved and licensed by the director, as advised by the state veterinarian. Fees associated with restricted holding facilities are referenced under chapter 16-91 WAC.

(2) There are three categories of restricted holding facilities.

(a) A category 1 restricted holding facility is a facility where imported animals are held in quarantine until they meet animal health import requirements prior to movement.

(b) A category 2 restricted holding facility is a feed yard where livestock are fed and destined for slaughter only. Livestock are confined for feeding as designated by a diagram of the restricted holding facility per WAC 16-30-039 (2)(c). Livestock in a category 2 restricted holding facility must remain in slaughter channels and move only to a federally inspected slaughter plant or other restricted facilities of like status.

History

Statutory Authority: RCW 16.36.040. WSR 19-02-071, § 16-30-035, filed 12/31/18, effective 1/31/19. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-20-091, § 16-30-035, filed 9/30/10, effective 10/31/10
WSR 08-01-095, § 16-30-035, filed 12/17/07, effective 1/17/08.

Wash. Admin. Code § 16-30-038 Conditions to operate restricted holding facilities.

(1) The following requirements are applicable to all categories of restricted holding facilities:

(a) The restricted holding facility area shall house restricted animals separate and apart from all other nonrestricted animals. There may be no contact between animals not also similarly restricted and no commingling between separate shipments of animals.

(b) The restricted holding facility will be maintained in a sanitary condition to mitigate disease risk.

(c) The state veterinarian will be notified immediately of any outbreak of any infectious or contagious disease or of any significant morbidity/mortality event.

(d) Milk from restricted animals may not be used for human consumption.

(e) Restricted holding facilities must be clearly identified as such by signs permanently affixed at all corners stating "restricted holding facility" in letters a minimum of six inches in height.

(f) The disposition of dead animals will be in accordance with the laws relating to the disposal of dead livestock and in accordance with chapter 16-25 WAC.

(g) Accurate records will be kept for six years to account for all animals entering and leaving the restricted holding facility. Records must be open for review by authorized department of agriculture personnel during normal business hours, and must be provided to the department upon the director's or state veterinarian's request.

(h) The state veterinarian has the authority to enter the restricted holding facility at any reasonable time to conduct tests, examinations, and inspections.

(2) Additional requirements for a category one restricted holding facility. In addition to the requirements of subsection (1) of this section for all types of restricted holding facilities, the operator of a category one restricted holding facility must abide by the following conditions:

(a) All animals entering a category one restricted holding facility must have official individual identification listed on the certificate of veterinary inspection.

(b) No animals may be removed from the category one restricted holding facility until they meet state and federal import regulations.

(c) The state veterinarian must be notified when animals in a category one restricted holding facility have met state and federal import regulations by submitting animal testing and vaccination records prior to movement of the animal.

(d) Animals may be removed from the restricted holding facility without meeting state and federal import regulations if they are sent to a federally inspected slaughter plant and have not commingled with any other animals not also similarly restricted. Category one restricted holding facilities must report to the state veterinarian the official individual identification of any animals that move out of the facility to a federally inspected slaughter plant or to a category two restricted holding facility prior to movement of the animals. Animals that have commingled with others not also similarly restricted will be quarantined and must be tested negative for disease as determined by the state veterinarian within thirty days before being released from the holding facility.

(e) Notifications of animal movement shall be submitted to:

Washington State Department of Agriculture

Animal Services Division

1111 Washington St. S.E.

P.O. Box 42577

Olympia, WA 98504-2577

Email: ahealth@agr.wa.gov

(f) The state veterinarian will conduct at least two and up to four random, unannounced audits during each licensing period. The rate for audits is established in WAC 16-91-040. The audits will consist of a physical inspection.

(g) Subsection (2)(f) of this section shall not limit the number of inspections necessary to investigate potential violations or limit the number of inspections to ensure compliance after a violation is found.

(3) Additional requirements for a category two restricted holding facility. In addition to the requirements of subsection (1) of this section for all types of restricted holding facilities, the operator of a category two restricted holding facility must abide by the following conditions:

(a) All livestock that enter Washington state destined to a category two restricted holding facility must enter with a certificate of veterinary inspection that includes the entry permit number.

(b) Cattle imported from Canada are required to have individual official identification and must be confined to the initial category two restricted holding facility until moved to a federally inspected slaughter plant.

(c) Category two restricted holding facilities may purchase and import cattle from a designated surveillance area if the cattle do not originate from a herd known to be exposed to brucellosis. Female cattle entering a category two restricted holding facility from a designated surveillance area must be:

(i) Officially brucellosis vaccinated; or

(ii) Brucellosis tested negative within thirty days prior to movement.

(d) All livestock in a category two restricted holding facility must remain in slaughter channels.

(e) There may be no contact between livestock not also similarly restricted.

(f) Livestock may be removed from the restricted holding facility without meeting state and federal import regulations if they are sent immediately to a federally inspected slaughter plant or moved to a facility of like status. Category two restricted holding facilities that move livestock to a facility of like status must report to the state veterinarian the number of livestock being moved, the official individual identification if applicable, the date the livestock will be moved, and the physical address of where the livestock will be moving to, prior to movement of the livestock.

(g) Notifications of animal movement shall be submitted to:

Washington State Department of Agriculture

Animal Services Division

1111 Washington St. S.E.

P.O. Box 42577

Olympia, WA 98504-2577

Email: ahealth@agr.wa.gov

(h) There must be a minimum of thirty feet between the restricted holding facility and other lots and facilities.

(i) No common fences and gates may be used.

(j) Livestock in the restricted holding facility must not share water or feeding facilities accessible to other areas.

(k) The state veterinarian will conduct at least two and up to four random, unannounced audits during each licensing period. The audits will consist of a physical inspection. The licensee is also required to periodically confirm with the department livestock shipments identified on state entry permits and certificate of veterinary inspections as destined to the restricted holding facility by telephone or email. The rate for audits is established in WAC 16-91-040, but the total amount charged per licensed restricted holding facility shall not exceed one thousand five hundred dollars in a calendar year.

(l) Subsection (3)(k) of this section shall not limit the number of inspections necessary to investigate potential violations or limit the number of inspections or total amount charged to ensure compliance after a violation is found. Category two restricted holding facilities that have been found to be in violation of animal health or import regulations may be charged for audits and inspections in excess of the one thousand five hundred dollar limit in (k) of this subsection. This section shall not limit the department from charging the time and mileage fee for inspecting livestock and related records during an investigation of a proven violation of RCW 16.36.140.

(4) Additional requirements for category three restricted holding facilities. In addition to the requirements of subsection (1) of this section for all types of restricted holding facilities, the operator of a category three restricted holding facility must abide by the following conditions:

(a) The operator of a category three restricted holding facility must abide by quarantine conditions set forth by the state veterinarian.

(b) Accurate records will be kept accounting for all animals entering the category three restricted holding facility for the length of the quarantine.

(c) An animal in a category three restricted holding facility may be legally removed from the facility only upon the animal's death or if the animal is moved from the location by permit from the state veterinarian's office on a United States Department of Agriculture VS form 1-27 for the movement of restricted or quarantined animals to another category three restricted holding facility.

(d) If an animal dies or is moribund in a category three restricted holding facility, the operator of the holding facility will immediately notify the state veterinarian of the animal's condition. The state veterinarian may require inspection and testing of the animal before disposal.

(e) The state veterinarian will conduct at least two and up to four random, unannounced audits during each licensing period. The rate for audits is established in WAC 16-91-040. The audits will consist of a physical inspection.

(f) Subsection (4)(e) of this section shall not limit the number of inspections necessary to investigate potential violations or limit the number of inspections to ensure compliance after a violation is found.

History

Statutory Authority: RCW 16.36.040. WSR 19-02-071, § 16-30-038, filed 12/31/18, effective 1/31/19. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-20-091, § 16-30-038, filed 9/30/10, effective 10/31/10
WSR 08-01-095, § 16-30-038, filed 12/17/07, effective 1/17/08.

Wash. Admin. Code § 16-30-039 Applications for a restricted holding facility.

(1) Application forms to establish a restricted holding facility may be obtained from:

Washington State Department of Agriculture

Animal Services Division

1111 Washington St. S.E.

P.O. Box 42577

Olympia, Washington 98504-2577

Phone: 360-902-1878

Email: ahealth@agr.wa.gov

(2) Applicants for restricted holding facilities must provide the following information on the application form:

(a) Name and address of applicant;

(b) Location of the restricted holding facility; and

History

Statutory Authority: RCW 16.36.040. WSR 19-02-071, § 16-30-039, filed 12/31/18, effective 1/31/19. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-20-091, § 16-30-039, filed 9/30/10, effective 10/31/10
WSR 08-01-095, § 16-30-039, filed 12/17/07, effective 1/17/08.

Wash. Admin. Code § 16-30-040 Expiration and revocation of restricted holding facility licenses.

(1) All licenses for restricted holding facilities expire on the 30th day of June of the year following the date of issue. Restricted holding facilities must be inspected annually upon renewal and at any other time as determined by the director. Renewal of a restricted holding facility license is contingent upon accurate recordkeeping.

(2) Any violation of chapter 16.36 RCW or any of the rules adopted under that chapter is sufficient cause for the suspension or revocation of any license to operate a restricted holding facility. In all proceedings for suspension or revocation of a restricted holding facility license, the owner or manager has the right to request a hearing before revocation is made permanent. Any action shall be taken under the provisions of chapter 34.05 RCW, the Administrative Procedure Act.

History

Statutory Authority: RCW 16.36.040. WSR 19-02-071, § 16-30-040, filed 12/31/18, effective 1/31/19. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-20-091, § 16-30-040, filed 9/30/10, effective 10/31/10
WSR 08-01-095, § 16-30-040, filed 12/17/07, effective 1/17/08. Statutory Authority: RCW 16.36.040 and 16.36.050. WSR 88-05-003 (Order 1964), § 16-30-040, filed 2/5/88
Order 955, Regulation 4, filed 8/31/64
Order 851, Regulation 4, effective 7/19/61.

Chapter 16-32 Livestock services—Fees.

Wash. Admin. Code § 16-32-011 Schedule of laboratory fees.

The following fees shall be charged for services performed by the diagnostic laboratory of the laboratory services division, state department of agriculture:

(1) Requests for special scheduling of tests to be conducted within twenty-four hours of sample receipt (STAT testing) will be honored if time and personnel are available. A fifty percent surcharge on all test fees will be charged.

(2) If the owner is a resident of Washington state, the following fees shall apply:

| (a) Accession fee for each submission date | | | --- | --- | | (per owner) | $10.00 | | (b) Bacteriology: | | | Aerobic culture (1-3 tissues per animal) | $ 7.95 | | each additional animal, same owner, same | | | submission | $ 2.20 | | Antibiotic sensitivity tests (each organism) | $ 3.40 | | Paratuberculosis (Johne's disease) | $11.35 | | each additional sample in herd, same | | | submission | $ 3.40 | | Milk culture - Per animal | $ 7.95 | | each additional animal in herd, same | | | submission | $ 2.20 | | Trichomoniasis | $ 2.80 | | Campylobacteriosis | $ 2.80 | | (c) Serology: | | | Food animal: | | | Single virus or bacteria (CF, Agglutination, AGID): | | | first animal | $ 2.80 | | each additional animal in herd, same | | | submission | $ 1.10 | | Companion animals: | | | Equine Infectious Anemia (EIA), AGID, each | | | animal | $ 3.95 | | Leptospirosis microscopic agglutination | | | first animal (canine) | $ 5.65 | | each additional animal, same owner, same | | | submission | .55 | | Brucella canis tube agglutination | | | first animal | $ 5.65 | | each additional animal, same owner, same | | | submission | .55 | | Brucella canis slide agglutination | | | first animal | $ 5.65 | | each additional animal, same owner, same | | | submission | $ 3.45 | | (d) ELISA testing | | | Bluetongue (first animal) | $ 7.45 | | each additional animal in herd, same | | | submission | $ 3.70 | | Bovine leukemia virus (first animal) | $ 7.45 | | each additional animal in herd, same | | | submission | $ 5.00 | | Equine Infectious Anemia (EIA), each animal | $10.60 | | Paratuberculosis (Johne's), first animal | $ 7.45 | | each additional animal in herd, same | | | submission | $ 5.00 | | (e) Other services and supplies: | | | Forwarding of samples to other laboratories | $ 5.30 | | Shipping supplies or samples, handling fee | | | each shipment | $ 3.15 | | (3) If the owner is an out-of-state resident, the | | | following fees shall apply: | | | (a) Accession fee for each submission date | | | (per owner) | $15.00 | | (b) Bacteriology: | | | Aerobic culture (1-3 tissues per animal) | $11.35 | | each additional animal, same owner, same | | | submission | $ 3.40 | | Antibiotic sensitivity tests (each organism) | $ 4.50 | | Paratuberculosis (Johne's disease) | $17.05 | | each additional sample in herd, same | | | submission | $ 4.50 | | Milk culture - Per animal | $11.35 | | each additional animal in herd, same | | | submission | $ 3.40 | | Trichomoniasis | $ 3.95 | | Campylobacteriosis | $ 3.95 | | (c) Serology: | | | Food animal: | | | Single virus or bacteria (CF, Agglutination, AGID): | | | first animal | $ 4.50 | | each additional animal in herd, same | | | submission | $ 1.10 | | Companion animal: | | | Equine Infectious Anemia (EIA), AGID, each | | | animal | $ 5.65 | | Leptospirosis microscopic agglutination | | | first animal (canine) | $ 8.50 | | each additional animal, same owner, same | | | submission | $ 1.70 | | Brucella canis tube agglutination | | | first animal | $ 8.50 | | each additional animal, same owner, same | | | submission | $ 1.70 | | Brucella canis slide agglutination | | | first animal | $ 8.50 | | each additional animal, same owner, same | | | submission | $ 5.10 | | (d) ELISA testing | | | Bluetongue (first animal) | $11.15 | | each additional animal in herd, same | | | submission | $ 5.55 | | Bovine leukemia virus (first animal) | $11.15 | | each additional animal in herd, same | | | submission | $ 7.50 | | Equine Infectious Anemia (EIA), each animal | $15.95 | | Paratuberculosis (Johne's), first animal | $11.15 | | each additional animal in herd, same | | | submission | $ 7.50 | | (e) Other services and supplies: | | | Forwarding of samples to other laboratories | $ 7.95 | | Shipping supplies or samples, handling fee | | | each shipment | $ 4.75 |

(4) A fee shall be charged by the department for any other analysis, supplies or service not listed in this section. Such fees shall be based on labor costs, supply and material costs, and administrative and overhead costs.

History

Statutory Authority: RCW 16.38.060. WSR 98-14-036, § 16-32-011, filed 6/23/98, effective 7/24/98. Statutory Authority: Chapter 16.38 RCW. WSR 94-12-053 (Order 5043), § 16-32-011, filed 5/27/94, effective 6/27/94.

Chapter 16-42 Biological products.

Wash. Admin. Code § 16-42-005 Definitions.

"Department" means the Washington state department of agriculture (WSDA).

"Director" means the director of WSDA or the director's authorized representative.

"Veterinary biologic" means any virus, serum, toxin, and analogous product of natural or synthetic origin, or product prepared from any type of genetic engineering, such as diagnostics, antitoxins, vaccines, live microorganisms, killed microorganisms, and the antigenic or immunizing components intended for use in the diagnosis, treatment, or prevention of diseases in animals.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 08-13-103, § 16-42-005, filed 6/18/08, effective 7/19/08. Statutory Authority: RCW 16.36.040. WSR 00-17-072, § 16-42-005, filed 8/14/00, effective 9/14/00. Statutory Authority: Chapter 16.36 RCW. WSR 85-15-024 (Order 1866), § 16-42-005, filed 7/10/85.

Wash. Admin. Code § 16-42-015 License.

Only veterinary biologics that have been produced under a U.S. Veterinary Biological Product License may be imported into the state of Washington. The director may allow the importation of unlicensed veterinary biologics under special use permits.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 08-13-103, § 16-42-015, filed 6/18/08, effective 7/19/08. Statutory Authority: Chapter 16.36 RCW. WSR 85-15-024 (Order 1866), § 16-42-015, filed 7/10/85
Order 896, Regulation 2, effective 11/24/62.

Wash. Admin. Code § 16-42-017 Permits required.

(1) Any person manufacturing veterinary biologics within the state for distribution within the state must first obtain a permit from the director. This permit may be revoked or suspended under chapter 34.05 RCW for any violation of this chapter.

(2) Written approval of the director is required before any newly licensed veterinary biologic is imported into the state for sale, use or distribution. The director may also require a special permit for the importation or distribution of prelicensed veterinary biologics into Washington state.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 08-13-103, § 16-42-017, filed 6/18/08, effective 7/19/08. Statutory Authority: RCW 16.36.040. WSR 00-17-072, § 16-42-017, filed 8/14/00, effective 9/14/00. Statutory Authority: Chapter 16.36 RCW. WSR 85-15-024 (Order 1866), § 16-42-017, filed 7/10/85.

Wash. Admin. Code § 16-42-023 Sale of licensed products.

Veterinary biologics produced in accordance with WAC 16-42-015 or 16-42-017 may be sold over the counter as well as by persons or firms properly licensed under chapter 18.64 RCW and by any veterinarian licensed under chapter 18.92 RCW. Persons other than licensed veterinarians or state or federal veterinarians may purchase and administer veterinary biologics to their own animals, except for those veterinary biologics restricted in WAC 16-42-026.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 08-13-103, § 16-42-023, filed 6/18/08, effective 7/19/08. Statutory Authority: RCW 16.36.040. WSR 00-17-072, § 16-42-023, filed 8/14/00, effective 9/14/00.

Wash. Admin. Code § 16-42-026 Restricted products.

(1) All veterinary biologics now in existence or newly developed to diagnose, prevent, or combat the following diseases are declared by the director to be of such a nature that their control is necessary to protect animal health:

(a) Avian influenza.

(b) Anthrax.

(d) Brucellosis.

(e) Equine infectious anemia.

(f) Equine viral arteritis.

(g) Paratuberculosis.

(h) Pseudorabies.

(i) Rabies.

(j) Tuberculosis.

(k) Foot and mouth.

(l) Vesicular stomatitis.

(m) All conditionally approved vaccines.

(2) All veterinary biologics used to control or diagnose any of the diseases listed in subsection (1) of this section are restricted, and may only be purchased, administered, or otherwise used by or under the direct supervision of veterinarians licensed under chapter 18.92 RCW, or by state or federal veterinarians. The director may authorize others by written permit to purchase the veterinary biologics listed in subsection (1) of this section for research agencies or laboratories authorized by the department, for emergency disease control programs, or for other limited and controlled purposes.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 08-13-103, § 16-42-026, filed 6/18/08, effective 7/19/08. Statutory Authority: RCW 16.36.040. WSR 00-17-072, § 16-42-026, filed 8/14/00, effective 9/14/00.

Wash. Admin. Code § 16-42-035 Reports.

In the interest of public health and good cooperative disease control it is recommended that any person using any veterinary biologics immediately report to the department any suspected or actual disease outbreak that occurs in connection with use of the veterinary biologic.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 08-13-103, § 16-42-035, filed 6/18/08, effective 7/19/08. Statutory Authority: RCW 16.36.040. WSR 00-17-072, § 16-42-035, filed 8/14/00, effective 9/14/00. Statutory Authority: Chapter 16.36 RCW. WSR 85-15-024 (Order 1866), § 16-42-035, filed 7/10/85
Order 896, Regulation 6, effective 11/24/62.

Chapter 16-54 Animal importation.

Wash. Admin. Code § 16-54-010 Definitions.

In addition to the definitions found in RCW 16.36.005, the following definitions apply to this chapter:

"Accredited free state" means a state that has been determined by United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) to have a zero prevalence of cattle and bison herds affected with bovine tuberculosis as listed in Title 9 C.F.R. Part 77.7 (January 1, 2014).

"Approved veterinary laboratory" means a laboratory that has been approved by National Veterinary Services Laboratories or other USDA, APHIS-approved facility.

"Certificate of veterinary inspection" means a legible veterinary health inspection certificate on an official form (electronic or paper) from the state of origin or from USDA, APHIS executed by a licensed and accredited veterinarian or a veterinarian approved by USDA, APHIS. The certificate of veterinary inspection is also known as an "official health certificate."

"Class free and Class A, B, and C states" means states that are classified for brucellosis by USDA, APHIS in Title 9 C.F.R. Part 78.41 (January 1, 2014).

"Consigned" means to deliver for custody or sale.

"Dairy cattle" means all cattle, regardless of age or sex or current use, that are of a breed used to produce milk or other dairy products for human consumption including, but not limited to, Ayrshire, Brown Swiss, Holstein, Jersey, Guernsey, and Milking Shorthorn.

"Department" means the Washington state department of agriculture (WSDA).

"Director" means the director of WSDA or the director's authorized representative.

"Domestic bovine" means domesticated cattle, including bison.

"Domestic equine" means horses, donkeys, mules, ponies, and other animals in the Equidae family.

"Entry permit" means prior written permission issued by the director to admit or import animals or animal reproductive products into Washington state.

"Exotic animal" means species of animals that are not native to Washington state but exist elsewhere in the world in the wild state.

"Feral swine" means animals included in any of the following categories:

• Animals of the genus Sus that are free roaming on public or private lands and do not appear to be domesticated;

• Swine that have been released or born into the wild state;

• European wild hogs and their hybrid forms (also known as European wild boars or razorbacks), regardless of whether they are free roaming or kept in confinement; or

• Animals of the family Tayassuidae such as peccaries and javelinas, regardless of whether they are free roaming or kept in confinement.

"Immediate slaughter" means livestock will be delivered to a federally inspected slaughter facility within twelve hours of entry into Washington state.

"Mature vaccinate" means a female bovine over the age of twelve months that has been vaccinated, under directions issued by the state of origin, with a mature dose of brucellosis vaccine.

"Modified accredited state" means a state that has been determined by USDA, APHIS to have a prevalence of bovine tuberculosis of less than 0.1 percent of the total number of herds of cattle and bison as listed in Title 9 C.F.R. Part 77.11 (January 1, 2014).

"Movement permit" means an entry permit that is valid for six months and permits the entry of domestic equine into Washington state.

"NPIP" means the National Poultry Improvement Plan.

"Official brucellosis test" means the official test defined by Title 9 C.F.R. Part 78.1 (January 1, 2014).

"Official brucellosis vaccinate" means an official adult vaccinate or official calfhood vaccinate as defined by Title 9 C.F.R. Part 78.1 (January 1, 2014).

"Official individual identification" means identifying an animal using USDA-approved devices or methods, or an alternative form of identification agreed upon by the sending and receiving states, such as unique breed registry tattoos when accompanied by registration documentation. A group of animals may be identified by registered brands when accompanied by a certificate of inspection from a brand inspection authority recognized by the director when agreed upon by the sending and receiving states.

"Poultry" means chickens, turkeys, ratites, waterfowl, game birds, pigeons, doves, and other domestic fowl.

"Psittacine" means birds belonging to the family Psittacidae including, but not limited to, parrots, macaws, and parakeets.

"Restricted holding facility" means an isolated area approved and licensed by the director under chapter 16-30 WAC, as advised by the state veterinarian.

"Stage I, II, III, IV, or V pseudorabies state" means states as classified by the Pseudorabies Eradication State-Federal-Industry Program Standards (November 1, 2003).

"Timed events" means competitive events that take place where time elapsed is the factor that determines the placing of individuals competing in the event.

"USDA, APHIS" means the United States Department of Agriculture Animal and Plant Health Inspection Service.

"Virgin bull" means a sexually intact male bovine less than eighteen months of age, as determined by dentition inspection by an accredited veterinarian or verified by breed registration documents, that is confirmed by a statement and the signature of the owner or the owner's designee as having had no breeding contact with female cattle.

"Wild animals" is defined in RCW 77.08.010.

History

Statutory Authority: RCW 16.36.040. WSR 19-02-072, § 16-54-010, filed 12/31/18, effective 1/31/19. Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 16-23-108, § 16-54-010, filed 11/18/16, effective 12/19/16
WSR 16-01-133, § 16-54-010, filed 12/18/15, effective 1/18/16
WSR 15-02-025, § 16-54-010, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-20-092, § 16-54-010, filed 9/30/10, effective 10/31/10. Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 08-14-057, § 16-54-010, filed 6/25/08, effective 7/26/08. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 07-14-056, § 16-54-010, filed 6/28/07, effective 7/29/07. Statutory Authority: RCW 16.36.040. WSR 99-09-023, § 16-54-010, filed 4/15/99, effective 5/16/99. Statutory Authority: RCW 16.36.096 and 16.36.040. WSR 93-19-126 (Order 5010), § 16-54-010, filed 9/21/93, effective 10/22/93
WSR 92-21-039, § 16-54-010, filed 10/15/92, effective 11/15/92. Statutory Authority: RCW 16.36.040 and 16.36.050. WSR 88-05-003 (Order 1964), § 16-54-010, filed 2/5/88
WSR 84-16-022 (Order 1838), § 16-54-010, filed 7/24/84
Order 1172, § 16-54-010, filed 12/15/70
Order 1024, Regulation 1, filed 7/22/66, effective 8/22/66
Order 957, Regulation 1, filed 8/31/64
Order 915, filed 4/1/63
Order 856, effective 7/19/61
Order 837, filed 4/14/61.

Wash. Admin. Code § 16-54-025 Transporting livestock—Sanitary requirements.

All trucks, railway cars, and other conveyances used for the transportation of livestock must be maintained in a sanitary condition and cleaned and disinfected when required by the director in order to prevent the spread of disease.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 07-14-056, § 16-54-025, filed 6/28/07, effective 7/29/07.

Wash. Admin. Code § 16-54-028 Testing procedure requirements.

(1) An accredited veterinarian or a veterinary technician under the direct supervision of an accredited veterinarian must collect and submit all test specimens.

(2) All livestock regulatory tests must be performed by an approved laboratory.

(a) Official tuberculosis tests must be conducted by a licensed accredited veterinarian.

(b) Technicians employed and approved by state, federal, or tribal government and directly or indirectly supervised by state, federal, or tribal animal health veterinarians may conduct routine surveillance tests.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 15-02-025, § 16-54-028, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 07-14-056, § 16-54-028, filed 6/28/07, effective 7/29/07.

Wash. Admin. Code § 16-54-030 Certificate of veterinary inspection, and entry permit requirements.

(1) All animals entering Washington state must comply with the requirements of USDA, APHIS regulations found at Title 9 C.F.R. (January 1, 2014) for movement or importation from foreign countries.

(2) Certificate of veterinary inspection:

(a) A certificate of veterinary inspection must accompany all animals entering Washington state, except where specifically exempted in this chapter. Certificates of veterinary inspection expire thirty days from the date of issuance.

(b) The certificate of veterinary inspection must show that all livestock listed have been examined and found in compliance with vaccination, testing and identification requirements under Title 9 C.F.R. Part 86 (January 1, 2014).

(c) Livestock entering Washington state for veterinary care or as part of a veterinary research project where there will be constant veterinary care or supervision for the duration of the time spent in Washington state are exempt from import test requirements and certificate of veterinary inspection requirements. An entry permit is required.

(d) Any exemption to the requirement for a certificate of veterinary inspection may be suspended during an emergency disease condition declared by the director.

(e) Unless an emergency rule is in effect, a certificate of veterinary inspection is not required for domestic bovine that will be delivered within twelve hours after entry into Washington state to:

(i) Federally inspected slaughter facilities for immediate slaughter; or

(ii) State-federal approved livestock markets for sale for immediate slaughter only; or

(iii) No more than one approved livestock market where import requirements can be met; or

(iv) Cattle moving interstate from contiguous states on grazing permits, as long as testing and vaccination requirements are met, as required by each state veterinarian.

(3) Entry permit: An entry permit is required on:

(a) All domestic bovine (including Mexican cattle, Canadian cattle, and bison);

(b) Swine;

(d) Equine identified on a certificate similar to the Washington Equine Certificate of Veterinary Inspection and Movement Permit (form AGR-3027);

(e) Equine from states or countries where the diseases listed in WAC 16-54-071 have been diagnosed;

(f) Intact male equine that test positive to equine viral arteritis;

(g) Equine reproductive products from donors that test positive to equine viral arteritis; and

(h) Wild and exotic animals.

(4) Entry permits are granted at the discretion of the director and may be obtained from:

Washington State Department of Agriculture

Animal Services Division

1111 Washington Street S.E.

P.O. Box 42577

Olympia, Washington 98504-2577

Email: ahealth@agr.wa.gov

Phone: 360-902-1878.

History

Statutory Authority: RCW 16.36.040. WSR 19-02-072, § 16-54-030, filed 12/31/18, effective 1/31/19. Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 16-23-108, § 16-54-030, filed 11/18/16, effective 12/19/16
WSR 15-02-025, § 16-54-030, filed 12/30/14, effective 1/30/15
WSR 08-14-057, § 16-54-030, filed 6/25/08, effective 7/26/08. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 07-14-056, § 16-54-030, filed 6/28/07, effective 7/29/07. Statutory Authority: RCW 16.36.040. WSR 99-09-023, § 16-54-030, filed 4/15/99, effective 5/16/99. Statutory Authority: RCW 16.36.040 and 16.36.096. WSR 92-21-039, § 16-54-030, filed 10/15/92, effective 11/15/92. Statutory Authority: RCW 16.36.040 and 16.36.050. WSR 87-08-021 (Order 1918), § 16-54-030, filed 3/25/87
Order 1540, § 16-54-030, filed 10/17/77
Order 1172, § 16-54-030, filed 12/15/70
Order 1024, Regulation 3, filed 7/22/66, effective 8/22/66
Order 957, filed 8/31/64
Order 915, filed 4/1/63
Order 856, effective 7/19/61
Order 837, filed 4/14/61
Order 818, filed 1/20/61
Order 756, filed 3/22/60.

Wash. Admin. Code § 16-54-031 Physical address requirements.

(1) Certificate of veterinary inspection, entry permit, movement permit, and temporary grazing permits shall contain the destination physical address for animals entering Washington state except where specifically exempted in this section. For purposes of this section, a physical address is the actual street location of the destination.

(2) All animals must be transported and delivered directly to the physical address noted on the certificate of veterinary inspection, entry permit, movement permit, or temporary grazing permit.

(a) Animals shall not be diverted to any other physical address except for a temporary destination due to a medical emergency where the immediate health of the animal is in jeopardy. If a physical address destination change is necessary for a medical emergency, the notification requirements listed in subsection (3) of this section shall apply.

(b) Notification requirements listed in subsection (3) of this section will apply to category two restricted holding facilities, as defined in chapter 16-30 WAC, when livestock are not transported and delivered to the destination physical address as permitted on the original entry permit and noted on the certificate of veterinary inspection. Category two restricted holding facilities may only change the destination physical address as permitted on the original permit and certificate of veterinary inspection if the livestock will be transported and delivered to a lot of like status.

(3) Requirements for reporting changes to physical address destinations noted in subsection (2) of this section.

(a) Contact the department within twenty-four hours by phone at 360-902-1878 or by email at ahealth@agr.wa.gov.

(b) Report the official document number and the physical address to where the animal(s) was transported and delivered to.

(4) Failing to provide the required destination physical address or acceptable alternative per subsection (5)(a) of this section or diverting animals from the destination physical address may result in a civil penalty as authorized by RCW 16.36.113 and defined in chapter 16-90 WAC.

(5) Exemptions to destination physical address requirements.

(a) If the destination physical address cannot be determined due to no physical address assigned by the appropriate county jurisdiction or local emergency services, the following shall apply:

(i) Descriptive driving directions to the physical location of where the animal(s) is being transported and delivered to must be included on the certificate of veterinary inspection, entry permit, movement permit or temporary grazing permit; or

(ii) The global positioning system (GPS) coordinates of the physical location of where the animal(s) is being transported and delivered to must be included on the certificate of veterinary inspection, entry permit, movement permit or temporary grazing permit. GPS coordinates must contain two latitude or three longitude digits to the left of the decimal point and six digits to the right of the decimal point.

(b) Poultry, or other animals, that are permitted under this chapter and chapter 16.30 RCW and are approved by the United States Postal Service's (USPS) list of mailable live animals are exempt from the destination physical address requirement. For a list of mailable live animals, please visit http://pe.usps.com/text/pub52/pub52c5_007.htm.

History

Statutory Authority: RCW 16.36.040. WSR 19-02-072, § 16-54-031, filed 12/31/18, effective 1/31/19. Statutory Authority: RCW 16.36.040, 16.36.113, 16.36.140 and chapter 34.05 RCW. WSR 12-02-067, § 16-54-031, filed 1/3/12, effective 2/3/12.

Wash. Admin. Code § 16-54-032 Certificate of veterinary inspection—Required information.

(1) A certificate of veterinary inspection must meet the requirements in Title 9 C.F.R Part 86 (January 1, 2014) and contain the following information:

(a) An entry permit number, when required;

(b) Date of inspection;

(d) Shipment information, including:

(i) Physical addresses of origin and destination of shipment;

(ii) Anticipated shipment date;

(iii) Number of animals in the shipment; and

(iv) Purpose for which the animals are to be moved.

(e) Certification that the animals are free from clinical signs or known exposure to any infectious or communicable disease;

(f) Test or vaccination status, when required;

(g) Description of each animal by:

(i) Identifying species;

(ii) Breed;

(iii) Age;

(iv) Sex of the animal;

(v) Color; and

(vi) Official individual identification.

(2) Copies of all certificates of veterinary inspection must be forwarded within seven calendar days from date of issuance to:

Washington State Department of Agriculture

Animal Services Division

1111 Washington Street S.E.

P.O. Box 42577

Olympia, Washington 98504-2577

Email: ahealth@agr.wa.gov

Fax: 360-902-2087.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 16-23-108, § 16-54-032, filed 11/18/16, effective 12/19/16
WSR 15-02-025, § 16-54-032, filed 12/30/14, effective 1/30/15
WSR 08-14-057, § 16-54-032, filed 6/25/08, effective 7/26/08. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 07-14-056, § 16-54-032, filed 6/28/07, effective 7/29/07.

Wash. Admin. Code § 16-54-060 Quarantine.

Any animal entering Washington state without a required certificate of veterinary inspection, or required entry permit, or that does not meet the requirements of this chapter shall be subject to a quarantine order or a hold order at the owner's expense and subject to any required test, inspection, or vaccination at the owner's expense until released from quarantine by the director.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 15-02-025, § 16-54-060, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 07-14-056, § 16-54-060, filed 6/28/07, effective 7/29/07
Order 1172, § 16-54-060, filed 12/15/70
Order 1024, Regulation 5, filed 7/22/66, effective 8/22/66
Order 957, filed 8/31/64
Order 915, filed 4/1/63
Order 856, effective 7/19/61
Order 837, filed 4/14/61
Order 818, filed 1/20/61
Order 756, filed 3/22/60.

Wash. Admin. Code § 16-54-065 Prohibited entries.

(1) Any animal that is infected with or exposed to any infectious or communicable disease is prohibited from entering Washington state.

(2) Livestock susceptible to vesicular stomatitis that have been in contact with any premises within the past thirty days under quarantine or investigation for vesicular stomatitis are prohibited from entering Washington state.

(3) The following animals are prohibited from entering Washington state for any purpose:

(a) Cattle originating from Mexican dairies;

(b) Feral swine;

(d) Deleterious exotic wildlife, as defined by RCW 77.08.010 and designated at WAC 232-12-017, except as provided in WAC 232-12-017.

(4) The Washington state department of health under WAC 246-100-197 prohibits certain animals including bats, skunks, foxes, raccoons, and coyotes from being imported into Washington state except for exhibition by bona fide public or private zoological parks or research facilities.

(5) Entry permits allowing bona fide public or private zoological parks or research facilities to import bats, skunks, foxes, raccoons, and coyotes may be issued by the director in consultation with the secretary of the Washington state department of health.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 16-23-108, § 16-54-065, filed 11/18/16, effective 12/19/16
WSR 15-02-025, § 16-54-065, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 07-14-056, § 16-54-065, filed 6/28/07, effective 7/29/07.

Wash. Admin. Code § 16-54-068 Restrictions.

(1) It is a violation to import animals into Washington state that do not comply with the requirements of this chapter or any other Washington state regulation relating to animal health and care, or to the importation and movement of poultry, hatching eggs, and wildlife.

(2)(a) Livestock entering Washington state from a state where a reportable disease listed in WAC 16-70-010 has been diagnosed within the past thirty days must be accompanied by a valid entry permit and a certificate of veterinary inspection.

(b) The certificate of veterinary inspection shall also include written verification that the animals have not been exposed to any reportable disease.

(c) In the case of a state where vesicular stomatitis has been diagnosed, the certificate of veterinary inspection for susceptible livestock must be issued within twenty-four hours of shipment to Washington state and must contain:

(i) The temperature reading of each equine at the time of inspection; and

(ii) The following statement written by an accredited veterinarian:

"All animals identified on this certificate have been examined and found to be free from clinical signs of vesicular stomatitis. During the past thirty days, these animals have not been exposed to vesicular stomatitis."

(d) Cattle entering Washington state from a state or a foreign state or province where vesicular stomatitis has been diagnosed must be held at their destination separate and apart from all other cattle for a period of seven days and reexamined by the state veterinarian or designee at the end of that period.

(e) In the case of a state where contagious equine metritis (CEM) has been diagnosed, the certificate of veterinary inspection for equine must contain the following statement: "The equine and equine reproductive products listed in this document have not originated from a premises where T. equigenitalis has been isolated during the sixty days immediately preceding importation to Washington or from a location currently under quarantine or investigation for CEM. No female equine in the shipment has been bred naturally to, or inseminated with, semen from an intact male positive for CEM or from an intact male resident upon positive premises or under quarantine or investigation for CEM. The equine showed no clinical signs of CEM on the day of inspection or semen collection."

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 15-02-025, § 16-54-068, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-20-092, § 16-54-068, filed 9/30/10, effective 10/31/10
WSR 07-14-056, § 16-54-068, filed 6/28/07, effective 7/29/07.

Wash. Admin. Code § 16-54-071 Domestic equine and equine reproductive products—Importation requirements.

Import health requirements.

(1)(a) In addition to the other requirements of this chapter, all domestic equine and equine reproductive products entering Washington state must be accompanied by a certificate of veterinary inspection.

(b) Equine vaccinated against equine viral arteritis (EVA) must be accompanied by a vaccination certificate.

(d) Domestic equine from the western states of Oregon, Idaho, California, Nevada, Utah, Arizona, Montana, Wyoming, Colorado, and New Mexico may enter Washington state for shows, rides, or other events either with a certificate of veterinary inspection or with a document similar to the Equine Certificate of Veterinary Inspection and Movement Permit. Individual trips cannot exceed ninety days.

(e) An itinerary of interstate travel must be filed with the department within fourteen days of the expiration of the movement permit.

(2) All certificates and forms may be obtained from and sent to:

Washington State Department of Agriculture

Animal Services Division

1111 Washington Street S.E.

P.O. Box 42577

Olympia, Washington 98504-2577

Email: ahealth@agr.wa.gov

Fax: 360-902-2087.

Import test requirements.

Equine infectious anemia (EIA).

(3) All domestic equine, except foals under six months of age accompanying their negative tested dams, must have a negative test for equine infectious anemia (EIA) within twelve months before entering Washington state.

Equine viral arteritis (EVA).

(4) Intact males over six months of age and equine reproductive products from donors that test positive for EVA may enter Washington state only if accompanied by an entry permit and a statement on the certificate of veterinary inspection verifying that the consignee:

(a) Has been advised of the positive antibody test results and the associated risks of EVA infection;

(b) Agrees to follow the recommendations of the Office International des Epizooties of the World Organization of Animal Health regarding EVA and USDA recommendations found in the Equine Viral Arteritis Uniform Methods and Rules, effective April 19, 2004; and

(5) Intact males that test antibody positive for EVA are required to have an entry permit and may be subject to quarantine or a hold order.

(6) Equine semen and embryos require an entry permit and must originate from donors that have proof of vaccination or a negative antibody test for EVA during the current breeding season.

(7) Equine semen and embryos from antibody positive donors must be used or implanted only in vaccinated or seropositive mares. These mares must be isolated for twenty-one days following insemination or implantation.

(8) Additional testing for EVA may be required during emergency disease conditions declared by the director.

Piroplasmosis.

(9) Any equine that has ever tested positive for piroplasmosis may not enter Washington state.

(10) Any equine that has originated from a country or state where piroplasmosis is endemic must be negative to a C-ELISA test within thirty days before entry into Washington state, and are subject to a quarantine order upon arrival and retested within sixty to ninety days. Horses that test positive on the post-arrival C-ELISA test are not permitted to remain in the state and must be removed.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 17-13-068, § 16-54-071, filed 6/16/17, effective 7/17/17
WSR 16-23-108, § 16-54-071, filed 11/18/16, effective 12/19/16
WSR 15-02-025, § 16-54-071, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-153, § 16-54-071, filed 6/23/10, effective 7/24/10. Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 08-14-057, § 16-54-071, filed 6/25/08, effective 7/26/08. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 07-14-056, § 16-54-071, filed 6/28/07, effective 7/29/07. Statutory Authority: RCW 16.36.040. WSR 99-09-023, § 16-54-071, filed 4/15/99, effective 5/16/99. Statutory Authority: Chapter 16.36 RCW. WSR 94-23-121, § 16-54-071, filed 11/22/94, effective 12/23/94. Statutory Authority: RCW 16.36.040 and 16.36.096. WSR 92-21-039, § 16-54-071, filed 10/15/92, effective 11/15/92. Statutory Authority: Chapters 16.36 and 16.44 RCW. WSR 82-24-040 (Order 1778), § 16-54-071, filed 11/24/82. Statutory Authority: Chapters 16.36 and 16.40 RCW. WSR 81-10-047 (Order 1730), § 16-54-071, filed 5/1/81
Order 1540, § 16-54-071, filed 10/17/77
Order 1430, § 16-54-071, filed 2/9/76. Formerly WAC 16-54-070.

Wash. Admin. Code § 16-54-082 Domestic bovine animals—Importation requirements.

Import health requirements.

(1) Domestic bovine entering Washington state must have a certificate of veterinary inspection and an entry permit issued by the office of the state veterinarian prior to entry. Entry permits are required on all cattle entering the state.

(2) All dairy cattle, regardless of age, require official individual identification unless:

(a) Consigned to federally inspected slaughter facilities for immediate slaughter; or

(b) Consigned to state-federal approved livestock markets for sale for immediate slaughter only.

(3) Before entering Washington state, Canadian cattle, including calves, must be identified on the right hip by a "CΛN" brand (C open-A N).

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 15-02-025, § 16-54-082, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-20-092, § 16-54-082, filed 9/30/10, effective 10/31/10. Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 08-14-057, § 16-54-082, filed 6/25/08, effective 7/26/08. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 07-14-056, § 16-54-082, filed 6/28/07, effective 7/29/07
WSR 05-14-019, § 16-54-082, filed 6/24/05, effective 7/25/05. Statutory Authority: RCW 16.36.040. WSR 99-09-023, § 16-54-082, filed 4/15/99, effective 5/16/99
WSR 97-01-067 (Order 6009), § 16-54-082, filed 12/16/96, effective 1/16/97. Statutory Authority: RCW 16.36.040 and 16.36.096. WSR 92-21-039, § 16-54-082, filed 10/15/92, effective 11/15/92. Statutory Authority: Chapter 16.36 RCW. WSR 89-24-021 (Order 2021), § 16-54-082, filed 11/30/89, effective 12/31/89. Statutory Authority: RCW 16.36.040 and 16.36.050. WSR 88-05-003 (Order 1964), § 16-54-082, filed 2/5/88
WSR 87-08-021 (Order 1918), § 16-54-082, filed 3/25/87
WSR 84-16-022 (Order 1838), § 16-54-082, filed 7/24/84. Statutory Authority: Chapter 16.36 RCW. WSR 83-09-009 (Order 1792), § 16-54-082, filed 4/8/83. Statutory Authority: Chapters 16.36 and 16.44 RCW. WSR 83-04-030 (Order 1782), § 16-54-082, filed 1/27/83. Statutory Authority: Chapters 16.36 and 16.40 RCW. WSR 82-03-019 (Order 1752), § 16-54-082, filed 1/14/82
WSR 81-10-047 (Order 1730), § 16-54-082, filed 5/1/81. Statutory Authority: Chapters 16.36 and 16.44 RCW. WSR 78-06-116 (Order 1579), § 16-54-082, filed 6/7/78
Order 1540, § 16-54-082, filed 10/17/77.

Wash. Admin. Code § 16-54-083 Domestic and foreign bovine brucellosis requirements.

(1) Female cattle, domestic and foreign, must have an official calfhood brucellosis vaccination and legible vaccination tattoo before entry into Washington state.

(a) Cattle vaccinated with RB-51 strain of vaccine must be permanently identified with a tattoo in the right ear that must bear the USDA registered V shield preceded by the letter R followed by the last digit of the year of vaccination.

(b) Brucellosis vaccinated cattle from foreign countries must present original vaccination certificates. On arrival, the cattle must be tattooed with the USDA V shield and the year indicated on the vaccination certificate.

(2) Adult vaccinated domestic cattle that are identified by a legible vaccination tattoo and official individual identification will be allowed entry into Washington state if the state of origin allows adult vaccination and is of the same brucellosis class or higher.

(3) Test eligible dairy cattle from all states and all beef cattle and bison from USDA-designated zones described in 9 C.F.R. Part 78, Subpart E (January 1, 2014) must be tested negative for bovine brucellosis within thirty days before entry. Test eligible cattle are:

(a) Dairy bulls over six months of age;

(b) Brucellosis vaccinated dairy females over twenty months of age;

(d) Beef bulls over six months of age, when required.

(4) Test eligible bison, when required, are:

(a) Bulls over six months of age; and

(b) Nonvaccinated heifers over six months of age.

(5) All animals must be identified with official individual identification.

Exemptions to domestic bovine brucellosis test and vaccination requirements.

(6) Domestic bovine that are exempt from brucellosis testing and vaccination requirements are:

(a) Those cattle from a class free state consigned to a category 2 restricted holding facility;

(b) Those consigned to federally inspected slaughter facilities for immediate slaughter;

(d) Designated slaughter cattle that have been consigned to no more than one state-federal approved livestock market;

(e) Bull calves less than six months of age;

(f) Steers and spayed heifers;

(g) Official brucellosis vaccinated dairy cattle less than twenty months of age;

(h) Official brucellosis vaccinated beef cattle less than twenty-four months of age;

(i) Cattle from a certified brucellosis free herd, as defined by Title 9 C.F.R. Part 78.1 (January 1, 2014); and

(j) Test eligible beef breed cattle and dairy cattle that are consigned to a state or federally approved livestock market to meet entry testing requirements. Heifer calves between four and twelve months of age may be consigned to a state-federal approved sale yard where they will remain until meeting vaccination requirements.

(7) Cattle that have not met the department's brucellosis requirements may enter a category 1 restricted holding facility in Washington state with an entry permit, a certificate of veterinary inspection, and official individual identification when required, until testing and vaccination requirements have been met. The category 1 restricted holding facility must be approved by the director and operated in accordance with chapter 16-30 WAC.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 15-02-025, § 16-54-083, filed 12/30/14, effective 1/30/15
WSR 08-14-057, § 16-54-083, filed 6/25/08, effective 7/26/08. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 07-14-056, § 16-54-083, filed 6/28/07, effective 7/29/07.

Wash. Admin. Code § 16-54-085 Bovine tuberculosis requirements.

(1) Dairy cattle (including steers and spayed heifers) twelve months of age or older and originating from a tuberculosis free state must test negative for bovine tuberculosis within sixty days before entering Washington state.

(2) All dairy cattle and beef cattle six months of age or older must have a negative bovine tuberculosis (TB) test within sixty days before entry into Washington state and must be officially individually identified when:

(a) Originating from a state or country where there is an active epidemiological investigation related to bovine infected with tuberculosis within the past twenty-four months;

(b) Originating from a state or country where tuberculosis is endemic or present in wildlife populations; or

(c) Originating from a modified accredited advanced or lower state as defined by USDA, APHIS in Title 9 C.F.R. Part 77 (January 1, 2014) or a country equivalent in status. Such domestic bovine shall be held separate and apart from native cattle for sixty days and retested negative at least sixty days after entry into Washington state.

(3) Dairy cattle are exempt from bovine tuberculosis testing requirements of subsections (1) and (2) of this section if they:

(a) Originate from an accredited bovine tuberculosis-free herd, as defined by USDA, APHIS in Title 9 C.F.R. Part 77 (January 1, 2014), and if an accredited herd number and the date of the last bovine tuberculosis test are shown on the certificate of veterinary inspection;

(b) Are consigned to federally inspected slaughter facilities for immediate slaughter;

(c) Are consigned to slaughter through state and federally approved public livestock markets and remain in slaughter channels; or

(d) Enter a category 2 restricted holding facility (restricted feedlot) to be fed for slaughter.

(4) Cattle used for rodeo or timed events.

(a) All cattle used for rodeo or timed events except those imported directly from Mexico, must be accompanied by proof recorded on a certificate of veterinary inspection of a negative bovine tuberculosis test within twelve months before entry into Washington state.

(b) Calves under six months old that were born and have continuously resided in the state of Washington are excluded from this requirement.

(5) Mexican cattle - All cattle imported from Mexico that enter Washington, including those imported for rodeo or recreation purposes, must be sexually neutered and must bear official individual Mexican identification and "M" branded before entry.

(a) All Mexican cattle must be accompanied by proof of two negative bovine tuberculosis tests conducted in the United States after entry from Mexico. The second negative test must be a minimum of sixty days after the first test and within thirty days before entry into Washington state.

(b) All Mexican cattle that remain in the state of Washington shall be tested annually for tuberculosis.

(c) If Mexican cattle entering Washington state are not accompanied by proof of two negative bovine tuberculosis tests prior to entry, they will be issued a hold order or a quarantine order that requires the animals to be taken directly to a designated premises or facility and kept separate and apart from Washington cattle until the completion of required tests.

(d) Sexually intact Mexican beef cattle may enter only with a prior entry permit and at the discretion of the director.

(e) Mexican cattle are exempt from the second bovine tuberculosis test and isolation requirements if their official individual Mexican identification remains intact and they are consigned to a federally inspected slaughter facility for immediate slaughter.

(6)(a) Cattle that have not met the tuberculosis requirements in this subsection may enter, with approval from the director, a category 1 restricted holding facility in Washington state until testing requirements have been met.

(b) The category 1 restricted holding facility must be approved by the director and operated in accordance with a written agreement between the facility owner and the director.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 15-02-025, § 16-54-085, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-20-092, § 16-54-085, filed 9/30/10, effective 10/31/10. Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 08-14-057, § 16-54-085, filed 6/25/08, effective 7/26/08. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 07-14-056, § 16-54-085, filed 6/28/07, effective 7/29/07.

Wash. Admin. Code § 16-54-086 Bovine trichomoniasis requirements.

(1) Bulls (except bison) may be imported into the state of Washington if they meet the following requirements:

(a) The bulls originate from a herd wherein all bulls have tested negative for bovine trichomoniasis since they were removed from female cattle; or

(b) The bulls have tested negative to a bovine trichomoniasis quantitative polymerase chain reaction (qPCR) test within sixty days before import and have had no contact with female cattle from the time of the test to the time of import; or

(c) Rodeo bulls for timed events and bucking bulls have tested negative for bovine trichomoniasis within the past twelve months and have a statement on the certificate of veterinary inspection certifying that the bulls have had no female breeding contact; or

(d) If the bulls originate from a herd where one or more bulls or cows have been found infected with bovine trichomoniasis within the past twelve months, the bulls must have two negative qPCR tests one week apart. The samples for each test must be collected within thirty days before cattle are imported into Washington state, and an import permit must be obtained from the director and include a certifying statement that the bulls originated from an infected herd.

(2) Laboratory pooled qPCR samples collected from up to five bulls will be accepted if the following conditions are met:

(a) Bulls are eighteen months of age and older that cannot be exempted as virgin bulls under WAC 16-54-010, and which have had no breeding contact with female cattle; and

(b) Bulls originate from a herd where there is no history of trichomoniasis infection, and are part of a single herd, not assembled cattle; and

(c) Bulls are sampled for a diagnostic test without regulatory implications or are not part of a trichomoniasis investigation.

(3) Before arrival at their destination in Washington state, all imported bulls must be identified with official identification or an official trichomoniasis bangle tag.

(4) Bulls that enter Washington state without meeting the bovine trichomoniasis requirements of this section will be subject to a quarantine order or a hold order at the owner's expense until they have had two negative qPCR tests one week apart.

(5)(a) Any bull or cow that is positive to a trichomoniasis test, and any herd in which one or more bulls or cows are found infected with trichomoniasis is considered infected.

(b) In the case of bulls testing positive to trichomoniasis, the herd shall be subject to a quarantine order or a hold order pending an epidemiological investigation to determine the source of the infection, and as long as infection persists in the herd.

(c) Infected bulls will be subject to a quarantine order or a hold order and will not be used for breeding. They must be slaughtered, sold for slaughter, or sent to a restricted feedlot or category 2 restricted holding facility to remain in slaughter channels.

(6) Certification and proficiency testing and types of tests. The state veterinarian will determine trichomoniasis training for veterinarians and laboratories, and the types of tests used to determine trichomoniasis infection. All sampling will be obtained by pipette scrapings from the prepuce and glans of a bull.

(a) All trichomoniasis testing of bulls in Washington state shall be performed by a veterinarian accredited by the USDA APHIS. In addition, all accredited veterinarians testing bulls in Washington state for trichomoniasis are required to successfully complete training and pass a trichomoniasis testing procedure proficiency examination provided by the department. Effective January 1, 2011, accredited veterinarians may not perform official trichomoniasis testing of bulls in Washington state until they have successfully completed the training and passed the proficiency examination.

A schedule of training opportunities is available by contacting the department at:

Washington State Department of Agriculture

Animal Services Division

1111 Washington Street S.E.

P.O. Box 42577

Olympia, Washington 98504-2577

Email: ahealth@agr.wa.gov

Phone: 360-902-1878.

(b) Registered veterinarians shall only utilize official laboratories recognized by the state veterinarian for testing of trichomoniasis samples.

(c) Registered veterinarians collecting samples in the state of Washington shall submit results of all trichomoniasis tests and all official identification on official trichomoniasis test and report forms to the animal services division within five business days of receiving test results from an approved laboratory.

(d)(i) Polymerase chain reaction is accepted as an official test when completed by an approved laboratory and when the sample is received by the laboratory within forty-eight hours of collection.

(ii) Other tests for trichomoniasis may be approved as official tests by the state veterinarian after the tests have been proven effective by research, have been evaluated sufficiently to determine efficacy, and a protocol for use of the test has been established.

(iii) An official test is one in which the sample is received in the approved laboratory in good condition within forty-eight hours of collection. Samples in transit for more than forty-eight hours will not be accepted for official testing and must be discarded. Samples that have been frozen or exposed to high temperatures must also be discarded.

Exemptions to bovine trichomoniasis test requirements.

(7) Virgin bulls, as defined in WAC 16-54-010 are exempt from bovine trichomoniasis test requirements.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 16-23-108, § 16-54-086, filed 11/18/16, effective 12/19/16
WSR 16-01-133, § 16-54-086, filed 12/18/15, effective 1/18/16
WSR 15-02-025, § 16-54-086, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-20-092, § 16-54-086, filed 9/30/10, effective 10/31/10. Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 08-14-057, § 16-54-086, filed 6/25/08, effective 7/26/08.

Wash. Admin. Code § 16-54-088 Temporary grazing permits.

Cattle moving interstate on grazing permits are exempt from a certificate of veterinary inspection and testing requirements.

(1)(a) Persons desiring to move cattle into Washington state for temporary grazing purposes must complete a temporary grazing application approved by both states. After approval, a permit number will be issued.

(b) Temporary grazing permits are valid for a period not to exceed six months and are valid only for movement to the destination specified on the permit and return to the location of origin.

(c) A copy of the approved application must accompany any vehicle transporting cattle into Washington state for temporary grazing purposes.

(d) Temporary grazing permits will be issued only for cattle entering from states that share common borders with the state of Washington.

(e) If cattle have been commingled with other herds or additional cattle have been added to the original grazing herd, they must have a certificate of veterinary inspection and entry permit in order to return to Washington.

(2) Permits are granted based on current disease conditions in both states. The director may specify conditions on the permit to prevent or control disease.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 07-14-056, § 16-54-088, filed 6/28/07, effective 7/29/07.

Wash. Admin. Code § 16-54-090 Goats—Importation and testing requirements.

Import health requirements.

(1) All goats entering Washington state must be accompanied by a certificate of veterinary inspection. The certificate of veterinary inspection must state that the goats are free from clinical signs or known exposure to any infectious or communicable disease including, but not limited to, footrot, sore mouth, and caseous lymphadenitis.

(2) Female dairy goats six months of age or older must test negative for brucellosis and tuberculosis within thirty days before they enter Washington state.

(3) Sexually intact goats must have official individual identification.

Exemption to import health requirements.

(4) Dairy goats entering Washington for show or exhibition purposes and returning to their home state are exempt from testing requirements. A certificate of veterinary inspection is required.

(5) Goats entering Washington state for immediate slaughter at a USDA inspected slaughter facility are exempt from the certificate of veterinary inspection and testing requirements.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 15-02-025, § 16-54-090, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-153, § 16-54-090, filed 6/23/10, effective 7/24/10
WSR 07-14-056, § 16-54-090, filed 6/28/07, effective 7/29/07. Statutory Authority: RCW 16.36.040 and 16.36.096. WSR 92-21-039, § 16-54-090, filed 10/15/92, effective 11/15/92
Order 1172, § 16-54-090, filed 12/15/70
Order 1024, Regulation 9, filed 7/22/66, effective 8/22/66
Order 957, filed 8/31/64
Order 915, filed 4/1/63
Order 856, effective 7/19/61
Order 837, filed 4/14/61
Order 818, filed 1/20/61
Order 756, filed 3/22/60.

Wash. Admin. Code § 16-54-101 Sheep—Importation and testing requirements.

Import health requirements.

(1) A certificate of veterinary inspection must accompany all sheep entering Washington state. The certificate of veterinary inspection must state that the sheep:

(a) Are clinically free from the signs of infectious diseases, including footrot, sore mouth, and caseous lymphadenitis; and

(b) Originated from a flock in which scrapie has not been diagnosed in the past five years or are from a flock enrolled in the USDA Voluntary Scrapie Flock Certification Program described in Title 9 C.F.R. Part 54 (January 1, 2014);

(c) Are officially identified with official individual identification. Sheep required to be officially individually identified include:

(i) All breeding sheep;

(ii) All sexually intact sheep imported for exhibition;

(iii) All sheep over eighteen months of age.

Import test requirements.

(2) All breeding rams over six months of age require an entry permit.

(3) The certificate of veterinary inspection must state that the rams:

(a) Tested negative on an ELISA test for Brucella ovis within sixty days before entering Washington state; and

(b) Are palpated and certified free of any evidence of epididymitis; and

(c) Are individually identified with an official individual identification. Each ram's official individual identification number, test results, and the date of the test must be entered on the certificate of veterinary inspection accompanying the animal.

Exemptions to import health and test requirements.

(4) Sheep entering Washington for show or exhibition purposes and returning to their home state are exempt from testing requirements. A certificate of veterinary inspection is required.

(5) Sheep entering Washington state for immediate slaughter at a federally inspected slaughter facility are exempt from the certificate of veterinary inspection and testing requirements.

(6) Official individual identification is not required on slaughter sheep less than eighteen months of age.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 17-13-068, § 16-54-101, filed 6/16/17, effective 7/17/17
WSR 15-02-025, § 16-54-101, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 07-14-056, § 16-54-101, filed 6/28/07, effective 7/29/07. Statutory Authority: RCW 16.36.040. WSR 99-09-023, § 16-54-101, filed 4/15/99, effective 5/16/99. Statutory Authority: RCW 16.36.040 and 16.36.096. WSR 92-21-039, § 16-54-101, filed 10/15/92, effective 11/15/92
Order 1430, § 16-54-101, filed 2/9/76. Formerly WAC 16-54-100.

Wash. Admin. Code § 16-54-105 Llamas and alpacas.

Import health requirements.

All llamas and alpacas imported into Washington state shall be accompanied by a health certificate stating that the animals are free from signs of or exposure to infectious or communicable disease.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 15-02-025, § 16-54-105, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 07-14-056, § 16-54-105, filed 6/28/07, effective 7/29/07.

Wash. Admin. Code § 16-54-111 Swine—Importation and testing requirements.

Import health requirements.

(1) All swine entering Washington state must be accompanied by an entry permit, a certificate of veterinary inspection, and official individual identification.

(2) The certificate of veterinary inspection must contain the following certification: "To the best of my knowledge, swine represented on this certificate have not originated from a premises known to be affected by Porcine Epidemic Diarrhea virus (PEDv), and have not been exposed to PEDv within the last 30 days."

(3) Feral swine are prohibited in Washington state.

Import test requirements.

(4) Brucellosis. All intact male and intact female swine more than six months of age must be tested negative for brucellosis within thirty days before entering Washington state or must originate from a USDA validated brucellosis free herd or state (Swine Brucellosis Control/Eradication State-Federal-Industry Uniform Methods and Rules, April 1998).

(5) Pseudorabies. No test is required from states recognized as Stage IV or Stage V by Pseudorabies Eradication State-Federal-Industry Program Standards, November 1, 2003.

(6) A negative pseudorabies test within thirty days before entry is required for swine from any state or area that loses Stage IV or Stage V status.

Exemptions to import test requirements.

(7) Swine shipped directly to a federally inspected slaughter facility for immediate slaughter are exempt from testing requirements.

Swine semen and embryos.

(8)(a) Swine semen and swine embryos entering Washington state for insemination of swine or implantation into swine shall be accompanied by a certificate of veterinary inspection issued by an accredited veterinarian stating that the donor swine are not known to be infected with or exposed to pseudorabies, were negative to an official pseudorabies serologic test within thirty days prior to the collection of the semen or embryos or were members of a qualified pseudorabies negative herd, and had not been exposed to pseudorabies within thirty days prior to the collection of the semen or embryos.

(b) Brucellosis testing is not required on donor swine from brucellosis validated free states.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 16-23-108, § 16-54-111, filed 11/18/16, effective 12/19/16
WSR 15-02-025, § 16-54-111, filed 12/30/14, effective 1/30/15
WSR 08-14-057, § 16-54-111, filed 6/25/08, effective 7/26/08. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 07-14-056, § 16-54-111, filed 6/28/07, effective 7/29/07. Statutory Authority: RCW 16.36.040 and 16.36.096. WSR 92-21-039, § 16-54-111, filed 10/15/92, effective 11/15/92. Statutory Authority: Chapters 16.36 and 16.44 RCW. WSR 83-02-001 (Order 1780), § 16-54-111, filed 12/23/82
Order 1540, § 16-54-111, filed 10/17/77
Order 1430, § 16-54-111, filed 2/9/76. Formerly WAC 16-54-110.

Wash. Admin. Code § 16-54-145 Poultry and game birds, including ratites—Importation and testing requirements.

Import health requirements.

(1) All poultry, excluding doves and pigeons, imported into Washington state must be accompanied by a:

(a) Certificate of veterinary inspection; or

(b) USDA NPIP VS form 9-3 (Report of Sales of Hatching Eggs, Chicks, and Poults); or

(2) The certificate of veterinary inspection and the USDA VS form 17-6 must include either the NPIP number or negative results of the required tests.

(3) Poultry or hatching eggs must originate from flocks or areas not under state or federal restriction.

(4) Each ratite entering Washington state must be permanently identified with official individual identification. The type of official individual identification must be listed on the certificate of veterinary inspection.

Import test requirements.

(5) Poultry, poults, and eggs, excluding doves and pigeons, that originate from flocks or hatcheries that have a pullorum-typhoid clean rating given by the state animal health official or are from an NPIP participant flock must meet the classification requirements stated in subsection (8) of this section.

(6) If poultry do not originate from an NPIP participant flock, they must test negative for the diseases listed in subsection (8) of this section thirty days before entry into the state of Washington.

(7) If hatching eggs are from non-NPIP participant flocks, then the parent breeder flock must be tested for the diseases in subsection (8) of this section within thirty days before the hatching eggs enter the state of Washington.

(8) Poultry, excluding doves and pigeons, must have a negative test for the following diseases:

| | Poultry type | | | | | --- | --- | --- | --- | --- | | Disease control classifications | Egg-type chickens | Meat-type chickens | Turkeys | Other1 | | Pullorum-typhoid | YES | YES | YES | YES2 | | Avian influenza | YES | YES | YES | YES | | Mycoplasma gallisepticum | - | - | YES | - | | Mycoplasma synoviae | - | - | YES | - | | Salmonella enteritidis | YES (commercial)3 | - | - | - |

| | 1Waterfowl, hobby, fancy, exhibition chickens, game birds, ratites, and backyard flocks. | | --- | --- | | | 2Excluding waterfowl. | | | 3Commercial means producers with three thousand or more birds regardless of shipment size. |

Exemptions to import health requirements.

(9) Doves, pigeons, waterfowl, game birds, and poultry destined for immediate slaughter are exempt from the certificate of veterinary inspection and testing requirements.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 15-02-025, § 16-54-145, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-153, § 16-54-145, filed 6/23/10, effective 7/24/10. Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 08-14-057, § 16-54-145, filed 6/25/08, effective 7/26/08. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 07-14-056, § 16-54-145, filed 6/28/07, effective 7/29/07. Statutory Authority: Chapter 16.36 RCW. WSR 94-23-121, § 16-54-145, filed 11/22/94, effective 12/23/94.

Wash. Admin. Code § 16-54-160 Birds other than poultry, including psittacine birds—Importation and testing requirements.

Import health requirements.

(1) All birds other than poultry entering Washington state require a certificate of veterinary inspection that contains the following statement:

"To the best of my knowledge, the birds listed on this certificate are not infected with exotic Newcastle disease, psittacosis, or avian influenza and have been free from clinical signs of or known exposure to infectious or communicable disease during the past thirty days."

(2) All birds must be individually identified with a numbered leg band or in a manner appropriate to the species.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 15-02-025, § 16-54-160, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-153, § 16-54-160, filed 6/23/10, effective 7/24/10. Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 08-14-057, § 16-54-160, filed 6/25/08, effective 7/26/08. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 07-14-056, § 16-54-160, filed 6/28/07, effective 7/29/07.

Wash. Admin. Code § 16-54-170 Dogs, cats, and ferrets—Importation and testing requirements.

(1) Dogs, cats, or ferrets entering Washington state require a certificate of veterinary inspection.

(2) The certificate of veterinary inspection for dogs, cats, or ferrets must identify each animal and certify that each animal at the time of entry is current on rabies vaccination according to the manufacturer's label, and does not originate from an area under quarantine for rabies.

(3) Dogs six months of age or older must be tested negative for heartworm or are currently on a heartworm preventative.

Exemptions to import health requirements.

(4) Dogs, cats, or ferrets less than ninety days of age do not require a rabies vaccination.

(5) Dogs, cats, or ferrets that are family pets and have current rabies vaccination certificates and are traveling with their owners with no sale, trade, or other change of ownership intended are exempt from a certificate of veterinary inspection.

Exemptions to import test requirements.

(6) Dogs that have been owned by the same owner for more than one month prior to entering the state, and are not going to be sold or have a change of ownership, and are traveling with their owner are exempt from the heartworm test requirement.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 16-23-108, § 16-54-170, filed 11/18/16, effective 12/19/16
WSR 15-02-025, § 16-54-170, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 07-14-056, § 16-54-170, filed 6/28/07, effective 7/29/07.

Wash. Admin. Code § 16-54-180 Wild and exotic animals—Importation and testing requirements.

Import health requirements.

(1) Wild and exotic animals entering Washington state must be accompanied by a certificate of veterinary inspection issued by an accredited veterinarian licensed in the state of origin, or accompanied by an international certificate of health unless the animals are prohibited under chapter 16.30 RCW or 232-12 WAC.

(2) All wild and exotic animals must be accompanied by an entry permit.

Import test requirements.

(3) Brucellosis: Within thirty days before entering Washington state, negative serologic testing must be conducted on the following categories of captive wild or exotic animals that are more than six months of age:

Table 1.

Wild and exotic animals that must be tested for brucellosis

| Tested For | Species Scientific Name | Common Name Examples | | --- | --- | --- | | Brucella abortus | Camelidae | • Vicuna | | | • Guanaco | | | | | • Camel | | | Cervidae | • Elk | | | | • Caribou | | | | • Moose | | | | • Reindeer | | | | • Deer | | | Giraffidae | • Giraffe | | | | • Okapi | | | Bovidae | • Wild cattle (gaur, banteng, kaupre, yak) | | | | • Bison (American bison, European bison) | | | | • Buffalo (Asian water buffalo, tamaraw, lowland anoa, mountain anoa, African buffalo) | | | Ovidae, Capridae | • Wild sheep (bighorn sheep, Dall's sheep, mouflon, argoli, uriol, blue sheep, barbary sheep, red sheep) | | | | • Wild goats (Rocky Mountain goat, ibex, walia ibex, west Caucasian tur, east Caucasian tur, Spanish ibex, markhor) | | Brucella suis | Suidae | • Wild swine (European wild boar, bearded pig, Jovan pig, pygmy hog, wart hog, giant forest pig, East Indian swine or Babirusa, African bush pig, peccaries) | | Brucella suis biovar 4 | Cervidae | • Caribou • Reindeer | | Brucella ovis | Ovidae, Capridae | • All wild sheep and goats must be tested and found negative to Brucella ovis within thirty days before entering Washington state |

(4) Tuberculosis (Mycobacterium bovis and Mycobacterium tuberculosis):

(a) Animals less than six months of age that are nursing negative tested dams may be excluded from tuberculosis test requirements.

(b) Within thirty days before entering Washington state, the animals listed in the following table must test negative for M. bovis and M. tuberculosis by a skin test or other approved test that follows federal tuberculosis protocols:

Table 2.

Wild and exotic animals that must be tested for tuberculosis

| Species Scientific Name | Common Name Examples | | --- | --- | | Ceropithecidae | • Old world primates2 | | Hylobotidae | • Gibbons2 | | | • Lessor apes2 | | Pongidae | • Great apes2 | | Elephantidae | • Elephants1 | | Bovidae | • Wild cattle | | Ovidae, Capridae | • Wild sheep | | | • Wild goats | | Cervidae | • Elk | | | • Caribou | | | • Moose | | | • Reindeer | | | • Deer | | Giraffidae | • Giraffe | | | • Okapi | | 1Negative trunk wash or other USDA-validated tuberculosis test every twelve months. | | | 2All nonhuman primates are exempt from the M. bovis testing requirement. | |

(c) Cervidae, such as elk, deer, caribou, moose, and reindeer must be from herds not known to be infected with, exposed to, or affected by tuberculosis. They must also test negative for M. bovis using the testing requirements defined in Title 9 C.F.R. Part 77.33 (January 1, 2014).

(d) For all captive wild or exotic animals not listed in Table 2 of this section, the following statement signed by the animal's owner or agent must be placed on the official certificate of veterinary inspection:

"To my knowledge, the animals listed on this certificate are not infected with tuberculosis and have not been exposed to animals infected with tuberculosis during the past twelve months."

(5) Pseudorabies: All wild swine imported for zoos, exhibitions or to a research facility must test negative for pseudorabies no more than thirty days before entry into Washington state and must be held in quarantine for thirty to sixty days pending a postentry retest.

(6) Equine infectious anemia: All wild horses, donkeys, and hybrids of the family Equidae must test negative on an approved test for equine infectious anemia no more than six months before entry into Washington state.

(7) Elaphostrongylinae (Parelophostrongylus tenvis (meningeal worm) and Elaphostrongylus cervis (muscle worm)): Before entering Washington state, all Cervidae must be examined for Elaphostrongylinae infection in the absence of anthelminthic treatment that could mask detection of the parasite.

(a) All Cervidae residing for at least six months west of a line through the eastern boundaries of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas or geographical boundaries as otherwise designated by the state veterinarian must have a negative fecal exam for dorsal-spined larvae made by an approved laboratory using the Baermann technique. Animals must be certified that they have not been treated with or exposed to anthelminthics for at least thirty days before testing.

(b) All Cervidae residing for less than six months west of a line through the eastern boundaries of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas or geographical boundaries as otherwise designated by the state veterinarian or from east of that line must be held in a preentry quarantine for thirty to sixty days and have two fecal tests for dorsal-spined larvae made by an approved laboratory using the Baermann technique.

(i) The first test must be conducted at least thirty days and not more than forty days before the second test.

(ii) Fecal samples of at least thirty grams per sample are to be collected by an accredited veterinarian from the animal's rectum and identified by the animal's official identification number.

(iii) During the thirty-day testing period, test animals must be held in quarantine and isolated from all other Cervidae not included in the shipment.

(iv) If any animal tests positive to either of the two fecal tests, neither that animal nor any other animal held in quarantine with the infected animal may be imported into Washington state.

(c) All imported Cervidae must be held for one hundred eighty days in an on-site quarantine and be available for inspection by the director during this time.

(d) Every thirty, sixty, ninety, one hundred twenty, one hundred fifty, and one hundred eighty days after arrival, fecal samples from the animals must be tested by the Baermann technique in an approved laboratory and be found negative for dorsal-spined larvae. Animals that test positive for dorsal-spined larvae must either be removed from Washington state or destroyed.

(e) To prevent the presence of the gastropod intermediate hosts of Elaphostrongylinae larvae, the quarantine site must be prepared and inspected before the imported animals enter. Preparation includes:

(i) Providing a hard surface, such as asphalt or concrete, on which to keep the animals;

(ii) Spraying the quarantine area with an EPA-registered molluscicide; and

(iii) Spraying a four-meter wide tract around the perimeter of the holding compound with an EPA-registered molluscicide. This perimeter tract must be treated once every five days and within twenty-four hours of precipitation (10 mm or more) to ensure that the gastropod population is kept to zero within the compound.

(8) Rabies: Any carnivorous mammal taken from the wild is prohibited from entering Washington state if rabies has been diagnosed in the state of origin during the past twelve months, or if prohibited under WAC 246-100-197.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 17-13-068, § 16-54-180, filed 6/16/17, effective 7/17/17
WSR 16-23-108, § 16-54-180, filed 11/18/16, effective 12/19/16
WSR 15-02-025, § 16-54-180, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-153, § 16-54-180, filed 6/23/10, effective 7/24/10
WSR 07-14-056, § 16-54-180, filed 6/28/07, effective 7/29/07.

Chapter 16-59 Avian diseases in Washington state.

Wash. Admin. Code § 16-59-005 Definitions.

"Department" means the Washington state department of agriculture.

"Director" means the director of the Washington state department of agriculture or the director's authorized representative.

"Game birds" means fowl such as pheasants, partridge, chukars, quail, and grouse that are raised in confinement.

"Hatching eggs" means fertile eggs that have the potential to hatch poultry.

"NPIP" means USDA National Poultry Improvement Plan, a cooperative industry-state-federal program to eliminate egg-transmitted and hatchery-disseminated diseases. Title 9, Code of Federal Regulations, Parts 145 and 147, are the plan standards and contain the requirements for this voluntary program.

"Person" means a person, persons, firm or corporation.

"Poultry" means chickens, turkeys, ratites, waterfowl, game birds, pigeons, doves and other domestic fowl designated by statute. "Poultry" does not mean free ranging birds defined as wildlife in Title 77 RCW.

History

Statutory Authority: RCW 16.36.010, 16.36.040, and chapter 34.05 RCW. WSR 08-03-010, § 16-59-005, filed 1/4/08, effective 2/4/08. Statutory Authority: RCW 16.36.040. WSR 99-09-024, § 16-59-005, filed 4/15/99, effective 5/16/99.

Wash. Admin. Code § 16-59-020 Wrongful sale.

It is unlawful for any person to exchange, sell, or otherwise distribute poultry or hatching eggs affected with or originating from flocks affected with pullorum-typhoid or other contagious, infectious, or communicable disease. The director has the authority to issue a permit for movement of such poultry when satisfied that the movement will not affect the health of flocks in the state.

History

Statutory Authority: RCW 16.36.010, 16.36.040, and chapter 34.05 RCW. WSR 08-03-010, § 16-59-020, filed 1/4/08, effective 2/4/08. Statutory Authority: RCW 16.36.040. WSR 99-09-024, § 16-59-020, filed 4/15/99, effective 5/16/99
Order 997, Regulation 2, filed 1/21/66.

Wash. Admin. Code § 16-59-030 Testing requirements for poultry entering public exhibition.

Pullorum-typhoid:

(1) All poultry that are going to public exhibition, including exhibition, exotic, and game birds, but excluding waterfowl, doves, and pigeons must:

(a) Come from U.S. Pullorum-Typhoid Clean or equivalent flocks, as defined in the National Poultry Improvement Plan and Auxiliary Provisions, Title 9 C.F.R., Section 145.53; or

(b) Have had a negative pullorum-typhoid test within ninety days before going to public exhibition.

(2) The department maintains a copy of the National Poultry Improvement Plan and Auxiliary Provisions for public inspection. You may also find the information on the internet at: http://www.access.gpo.gov/nara/cfr/waisidx_06/9cfrv1_06.html.

History

Statutory Authority: RCW 16.36.010, 16.36.040, and chapter 34.05 RCW. WSR 08-03-010, § 16-59-030, filed 1/4/08, effective 2/4/08. Statutory Authority: RCW 16.36.040. WSR 99-09-024, § 16-59-030, filed 4/15/99, effective 5/16/99. Statutory Authority: Chapter 16.36 RCW. WSR 94-23-122, § 16-59-030, filed 11/22/94, effective 12/23/94. Statutory Authority: RCW 16.36.040 and 16.36.050. WSR 89-06-007 (Order 1994), § 16-59-030, filed 2/17/89
Order 997, Regulations 3, 4, 5, filed 1/21/66.

Wash. Admin. Code § 16-59-060 Shipping equipment.

(1) In order to prevent the spread of disease, all poultry must be moved only in containers that are maintained in a sanitary condition and cleaned and disinfected when required by the director.

(2) All common carriers and any other conveyances used in transporting live poultry to or from the receiving station or destination must be free from poultry droppings, feathers, and other debris.

History

Statutory Authority: RCW 16.36.010, 16.36.040, and chapter 34.05 RCW. WSR 08-03-010, § 16-59-060, filed 1/4/08, effective 2/4/08. Statutory Authority: RCW 16.36.040. WSR 99-09-024, § 16-59-060, filed 4/15/99, effective 5/16/99
Order 997, Regulation 6, filed 1/21/66.

Chapter 16-70 Animal diseases—Reporting.

Wash. Admin. Code § 16-70-005 Definitions.

For the purpose of this chapter:

"Animal" means any animal species except fish and insects including all those so classified as wild, captive wild, exotic wild, alternative livestock, semidomesticated, domestic or farm.

"Case" means a mammalian species including piscine or apian, alive or dead, with a diagnosis or suspected diagnosis of a disease.

"New, emerging, or unusual animal diseases" means diseases in animals that have never or rarely been observed in Washington state (new or emerging); or appear in a new species; or show evidence of higher pathogenicity; or appear in a higher than expected number of animals clustered in time or space. Any of these diseases may or may not be of potential public health significance.

"Reportable disease list" means the list of diseases identified in Table 1 of WAC 16-70-020.

"Veterinary laboratory" means a private or state-funded place equipped for performing diagnostic or investigative procedures on submitted specimens from animals and fish by personnel who conduct such procedures for, and report to, Washington state licensed veterinarians or sample submitter.

"WOAH notifiable disease list" means the diseases listed by the WOAH in the Terrestrial Animal Health Code (2022). The WOAH notifiable disease list may be found at https://www.woah.org/en/what-we-do/animal-health-and-welfare/animal-diseases/.

"WOAH" means World Organisation of Animal Health, founded as OIE (Office International des Epizooties).

"Zoonotic" means a disease that can be transmitted between animals and humans.

History

Statutory Authority: RCW 16.36.040. WSR 23-11-042, § 16-70-005, filed 5/11/23, effective 6/11/23. Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 15-02-027, § 16-70-005, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 07-10-087, § 16-70-005, filed 5/1/07, effective 6/1/07. Statutory Authority: RCW 16.36.010(1), [16.36.]040 and [16.36.]080(4). WSR 00-06-064, § 16-70-005, filed 3/1/00, effective 4/1/00. Statutory Authority: RCW 16.36.096 and 16.36.040. WSR 93-19-127 (Order 5011), § 16-70-005, filed 9/21/93, effective 10/22/93.

Wash. Admin. Code § 16-70-010 Reporting requirements for veterinarians.

(1) All licensed veterinarians must immediately notify the state veterinarian of:

(a) Any case of a reportable disease, including any new, emerging, or unusual animal diseases listed in Table 1 in WAC 16-70-020.

(b) Any higher than expected mortality or morbidity event.

(c) Any highly unusual clinical signs such as: Mouth or muzzle lesions, especially if accompanied by foot, udder, vulva, or skin lesions resembling blisters or vesicles.

(d) Encephalitis conditions in all animals and avians.

(2) Licensed veterinarians reporting to the state veterinarian shall provide the following information:

(a) Veterinarian's name;

(b) Veterinarian's phone number;

(d) Animal species;

(e) Diagnosis or suspected diagnosis of the condition;

(f) Laboratory name and laboratory confirmed test result.

(3) Reports may be submitted to the state veterinarian in the following ways:

(a) Online at https://agr.wa.gov/departments/animals-livestock-and-pets/animal-health/reportable-diseases;

(b) Phone at 360-902-1878;

(d) Fax at 360-902-2087.

History

Statutory Authority: RCW 16.36.040. WSR 23-11-042, § 16-70-010, filed 5/11/23, effective 6/11/23. Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 15-02-027, § 16-70-010, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 07-10-087, § 16-70-010, filed 5/1/07, effective 6/1/07. Statutory Authority: RCW 16.36.010(1), [16.36.]040 and [16.36.]080(4). WSR 00-06-064, § 16-70-010, filed 3/1/00, effective 4/1/00. Statutory Authority: RCW 16.36.096 and 16.36.040. WSR 93-19-127 (Order 5011), § 16-70-010, filed 9/21/93, effective 10/22/93
Order 1005, Regulations 1-3, filed 7/22/66, effective 8/22/66
Order 655, Regulation 1, effective 5/19/53.

Wash. Admin. Code § 16-70-015 Reporting requirements for veterinary laboratories.

(1) All veterinary laboratories must notify the state veterinarian of preliminary and final positive test results of diseases identified in WAC 16-70-010 (1)(a) and (b) as follows:

(a) Immediately when a disease agent listed in Table 1 in WAC 16-70-020 is identified:

(i) By culture, isolation, PCR, or sequencing; or

(ii) By single serum titer and paired with clinical signs of disease; or

(iii) By paired serology (acute and convalescent) and paired with clinical signs of disease.

(b) Immediately when the disease is a new, emerging, or unusual animal disease, or a zoonotic disease.

(2) Veterinary laboratories reporting to the state veterinarian shall provide a laboratory report with the following information:

(a) Laboratory name;

(b) Submitter's name (name of veterinarian and/or owner);

(d) Submitter's county;

(e) Animal species;

(f) Laboratory confirmed test result.

(3) Reports may be submitted to the state veterinarian in the following ways:

(a) Online at https://fortress.wa.gov/agr.apps/rad/;

(b) Phone at 360-902-1878;

(d) Fax at 360-902-2087.

History

Statutory Authority: RCW 16.36.040. WSR 23-11-042, § 16-70-015, filed 5/11/23, effective 6/11/23.

Wash. Admin. Code § 16-70-020 Reportable disease list.

This section sets forth the list of diseases that licensed veterinarians and veterinary laboratories must report to the state veterinarian as described in WAC 16-70-010 and 16-70-015. It includes diseases listed by the state veterinarian, by WOAH on the WOAH notifiable disease list, and by the state board of health under chapter 246-101 WAC.

Table 1: List of reportable diseases

| Disease | Animal Type | | --- | --- | | New, emerging, or unusual animal diseases/zoonotic diseases | Amphibian | | Ranavirosis (Ranavirus species) | Amphibian | | Acarapisosis (Acarapis woodi) | Apian (bee) | | American foulbrood (Paenibacillus larva) | Apian | | European foulbrood (Melissococcus plutonius) | Apian | | New, emerging, or unusual animal diseases/zoonotic diseases | Apian | | Small hive beetle infestation (Aethina tumida) | Apian | | Tropilaelaps | Apian | | Varroosis (Varroa spp.) | Apian | | Avian infectious bronchitis | Avian (bird) | | Avian infectious laryngotracheitis (ILT) | Avian (bird) | | Avian influenza, high pathogenic | Avian (bird) | | Avian influenza, low pathogenic | Avian (bird) | | Avian mycoplasmosis (Mycoplasma gallisepticum) | Avian (bird) | | Avian mycoplasmosis (Mycoplasma synoviae) | Avian (bird) | | Carbapenem-resistant organisms | Avian (bird) | | Duck viral hepatitis | Avian (bird) | | Fowl typhoid (Salmonella gallinarum) | Avian (bird) | | Infectious bursal disease (Gumboro disease) | Avian (bird) | | Infectious coryza (Avibacterium paragallinarum) | Avian (bird) | | Japanese encephalitis | Avian (bird) | | Livestock exposed to toxic substances which may threaten public health | Avian (bird) | | New, emerging, or unusual animal diseases/zoonotic diseases | Avian (bird) | | Newcastle disease | Avian (bird) | | Ornithosis (Chlamydia psittaci, psittacosis, parrot fever, or avian chlamydiosis) | Avian (bird) | | Pullorum disease (Salmonella pullorum) | Avian (bird) | | Shiga toxin-producing Escherichia coli infections/enterohemorrhagic E. coli infections | Avian (bird) | | St. Louis encephalitis virus (SLEV) | Avian (bird) | | Turkey rhinotracheitis | Avian (bird) | | Unexplained increase in dead or diseased animals | Avian (bird) | | West Nile virus | Avian (bird) | | Akabane disease (Akabane virus) | Bovine (cow) | | Anthrax | Bovine (cow) | | Beef measles (Taenia saginata, Bovine cysticercosis) | Bovine (cow) | | Bluetongue (Orbivirus) | Bovine (cow) | | Bovine anaplasmosis (Anaplasma marginale, A. centrale) | Bovine (cow) | | Bovine babesiosis (Babesia bovis, B. bigemina, piroplasmosis, tick fever) | Bovine (cow) | | Bovine genital campylobacteriosis (Campylobacter fetus venerealis) | Bovine (cow) | | Bovine spongiform encephalopathy (BSE, mad cow disease) | Bovine (cow) | | Bovine viral diarrhea (BVD, mucosal disease) | Bovine (cow) | | Brucellosis (Brucella abortus) | Bovine (cow) | | Contagious bovine pleuropneumonia (Mycoplasma mycoides mycoides, CBPP) | Bovine (cow) | | Crimean Congo haemorrhagic fever (CCHF) | Bovine (cow) | | Cryptococcus gattii | Bovine (cow) | | Cryptococcus (undifferentiated species not identified as C. neoformans) | Bovine (cow) | | Enzootic bovine leukosis (Bovine leukemia virus, BLV) | Bovine (cow) | | Epizootic hemorrhagic disease (EHD) | Bovine (cow) | | Foot-and-mouth disease (FMD) | Bovine (cow) | | Hemorrhagic septicaemia (Pastuerella multocida, serotypes B/Asian or E/African) | Bovine (cow) | | Heartwater (Ehrlichia ruminantium, Cowdriosis) | Bovine (cow) | | Infectious bovine rhinotracheitis (IBR,S Infectious pustular vulvovaginitis) | Bovine (cow) | | Jamestown Canyon virus (JCV, California serogroup) | Bovine (cow) | | Johne's disease (paratuberculosis, Mycobacterium aviumsubspecies paratuberculosis, MAP, paratuberculosis) | Bovine (cow) | | Leptospirosis | Bovine (cow) | | Livestock exposed to toxic substances which may threaten public health | Bovine (cow) | | Lumpy skin disease (Lumpy skin disease virus) | Bovine (cow) | | Lyme disease (Borrelia burgdorferi) | Bovine (cow) | | Malignant catarrhal fever (MCF) | Bovine (cow) | | Meliodosis (Burkholderia pseudomallei) | Bovine (cow) | | New, emerging, or unusual animal diseases/zoonotic diseases | Bovine (cow) | | Pseudorabies (Aujeszky's disease) | Bovine (cow) | | Q Fever (Coxiella burnetti) | Bovine (cow) | | Rabies | Bovine (cow) | | Rift Valley fever | Bovine (cow) | | Rinderpest (cattle plague) | Bovine (cow) | | Scabies (Sarcoptes sp.) | Bovine (cow) | | Screwworm, new world (Cochliomyia hominivorax) | Bovine (cow) | | Screwworm, old world (Chrysomya bezziana) | Bovine (cow) | | Shiga toxin-producing Escherichia coli infections/enterohemorrhagic E. coli infections | Bovine (cow) | | Snowshoe hare virus (SSHV, California serogroup) | Bovine (cow) | | Surra (Trypanosoma evansi) | Bovine (cow) | | Theileriosis (Theileria annulata, T. parva, Corridor disease, East Coast fever) | Bovine (cow) | | Trichomoniasis (Tritrichimonas fetus) | Bovine (cow) | | Trypanosomiasis (Tsetse fly diseases, Trypanosoma congolense, T. vivax, T. brucei, T. evansis) | Bovine (cow) | | Tuberculosis (Mycobacterium bovis) | Bovine (cow) | | Unexplained increase in dead or diseased animals | Bovine (cow) | | Vesicular stomatitis | Bovine (cow) | | Anthrax | Camelid (camel) | | Bluetongue (Orbivirus) | Camelid (camel) | | Camelpox Bluetongue (Orbivirus) | Camelid (camel) | | Cryptococcus gattii | Camelid (camel) | | Cryptococcus (undifferentiated species not identified as C. neoformans) | Camelid (camel) | | Epizootic hemorrhagic disease (EHD) | Camelid (camel) | | Foot-and-mouth disease (FMD) | Camelid (camel) | | Leptospirosis | Camelid (camel) | | Livestock exposed to toxic substances which may threaten public health | Camelid (camel) | | New, emerging, or unusual animal diseases/zoonotic diseases | Camelid (camel) | | Plague (Yersinia pestis) | Camelid (camel) | | Rabies | Camelid (camel) | | Rift Valley fever | Camelid (camel) | | Rinderpest (cattle plague) | Camelid (camel) | | Scabies (Sarcoptes sp.) | Camelid (camel) | | Screwworm, new world (Cochliomyia hominivorax) | Camelid (camel) | | Screwworm, old world (Chrysomya bezziana) | Camelid (camel) | | Shiga toxin-producing Escherichia coli infections/enterohemorrhagic E. coli infections | Camelid (camel) | | Surra (Trypanosoma evansi) | Camelid (camel) | | Vesicular stomatitis | Camelid (camel) | | Unexplained increase in dead or diseased animals | Camelid (camel) | | Anthrax | Canine (dog) | | Brucellosis (Brucella canis) | Canine (dog) | | Coccidioidomycosis (Coddidioides immitis, valley fever) | Canine (dog) | | Cryptococcus gattii | Canine (dog) | | Cryptococcus (undifferentiated species not identified as C. neoformans) | Canine (dog) | | Echinococcosis/Hydatidosis (Echinococcus granulosus) | Canine (dog) | | Echinococcosis/Hydatidosis (Echinococcus multilocularis) | Canine (dog) | | Ehrlichiosis (Ehrlichia species) | Canine (dog) | | Heartworm | Canine (dog) | | La Crosse encephalitis virus (LACV) | Canine (dog) | | Leishmaniasis | Canine (dog) | | Leptospirosis | Canine (dog) | | Lyme disease (Borrelia burgdorferi) | Canine (dog) | | Meliodosis (Burkholderia pseudomallei) | Canine (dog) | | New, emerging, or unusual animal diseases/zoonotic diseases | Canine (dog) | | Pseudorabies (Aujeszky's disease) | Canine (dog) | | Q Fever (Coxiella burnetti) | Canine (dog) | | Rabies | Canine (dog) | | Rift Valley fever | Canine (dog) | | SARS-CoV-2 (COVID-19) | Canine (dog) | | Scabies (Sarcoptes sp.) | Canine (dog) | | Screwworm, new world (Cochliomyia hominivorax) | Canine (dog) | | Screwworm, old world (Chrysomya bezziana) | Canine (dog) | | Shiga toxin-producing Escherichia coli infections/enterohemorrhagic E. coli infections | Canine (dog) | | Surra (Trypanosoma evansi) | Canine (dog) | | Unexplained increase in dead or diseased animals | Canine (dog) | | West Nile virus | Canine (dog) | | Akabane disease (Akabane virus) | Caprine (goat) | | Anthrax | Caprine (goat) | | Bluetongue (Orbivirus) | Caprine (goat) | | Brucellosis (Brucella abortus) | Caprine (goat) | | Brucellosis (Brucella melitensis) | Caprine (goat) | | Caprine contagious arthritis and encephalitis (CAE) | Caprine (goat) | | Caseous lymphadenitis (Corynebacterium pseudotuberculosis) | Caprine (goat) | | Contagious agalactia (Mycoplasma agalactiae, M. capricolum capricolum, M. putrefaciens, M. mycoides mycoides) | Caprine (goat) | | Contagious caprine pleuropneumonia (Mycoplasma capricolum capripneumoniae) | Caprine (goat) | | Contagious ecthyma (Orf, sore mouth) | Caprine (goat) | | Crimean Congo hemorrhagic fever | Caprine (goat) | | Cryptococcus gattii | Caprine (goat) | | Cryptococcus (undifferentiated species not identified as C. neoformans) | Caprine (goat) | | Enzootic abortion of ewes (Chlamydophila abortus, ovine chlamydiosis) | Caprine (goat) | | Epizootic hemorrhagic disease (EHD) | Caprine (goat) | | Foot-and-mouth disease (FMD) | Caprine (goat) | | Goat pox | Caprine (goat) | | Heartwater (Ehrlichia ruminantium, Cowdriosis) | Caprine (goat) | | Johne's disease (paratuberculosis) | Caprine (goat) | | La Crosse encephalitis virus (LACV, La Crosse virus) | Caprine (goat) | | Leptospirosis | Caprine (goat) | | Listeriosis | Caprine (goat) | | Livestock exposed to toxic substances which may threaten public health | Caprine (goat) | | Maedi-Visna (Ovine progressive pneumonia, OPP) | Caprine (goat) | | Malignant catarrhal fever (MCF) | Caprine (goat) | | Mange (Sarcoptes scabiei, Chorioptes bovis, Psoroptes ovis, Psoroptes cuniculi, Psoregates ovis) | Caprine (goat) | | Meliodosis (Burkholderia pseudomallei) | Caprine (goat) | | Nairobi sheep disease | Caprine (goat) | | New, emerging, or unusual animal diseases/zoonotic diseases | Caprine (goat) | | Peste des petits ruminants | Caprine (goat) | | Plague (Yersinia pestis) | Caprine (goat) | | Pseudorabies (Aujeszky's disease) | Caprine (goat) | | Q Fever (Coxiella burnetti) | Caprine (goat) | | Rabies | Caprine (goat) | | Rift Valley fever | Caprine (goat) | | Rinderpest (cattle plague) | Caprine (goat) | | Salmonellosis (Salmonella abortus ovis) | Caprine (goat) | | Scrapie | Caprine (goat) | | Screwworm, new world (Cochliomyia hominivorax) | Caprine (goat) | | Screwworm, old world (Chrysomya bezziana) | Caprine (goat) | | Sheep pox (Goat pox) | Caprine (goat) | | Shiga toxin-producing Escherichia coli infections/enterohemorrhagic E. coli infections | Caprine (goat) | | Surra (Trypanosoma evansi) | Caprine (goat) | | Theileriosis (Theileria annulata, T. parva, Corridor disease, East Coast fever) | Caprine (goat) | | Vesicular stomatitis | Caprine (goat) | | Unexplained increase in dead or diseased animals | Caprine (goat) | | Adenovirus hemorrhagic disease | Cervine (deer) | | Anthrax | Cervine (deer) | | Bluetongue (Orbivirus) | Cervine (deer) | | Brucellosis (Brucella abortus) | Cervine (deer) | | Ehrlichiosis (Ehrlichia species) | Cervine (deer) | | Chronic wasting disease (CWD) | Cervine (deer) | | Epizootic hemorrhagic disease (EHD) | Cervine (deer) | | Foot-and-mouth disease (FMD) | Cervine (deer) | | Jamestown Canyon virus (JCV, California serogroup) | Cervine (deer) | | La Crosse encephalitis virus (LACV, La Crosse virus) | Cervine (deer) | | Leptospirosis | Cervine (deer) | | Malignant catarrhal fever (MCF) | Cervine (deer) | | New, emerging, or unusual animal diseases/zoonotic diseases | Cervine (deer) | | Ovine epididymitis (Brucella ovis) | Cervine (deer) | | Rabies | Cervine (deer) | | Rift Valley fever | Cervine (deer) | | Scabies (Sarcoptes sp.) | Cervine (deer) | | Screwworm, new world (Cochliomyia hominivorax) | Cervine (deer) | | Screwworm, old world (Chrysomya bezziana) | Cervine (deer) | | Shiga toxin-producing Escherichia coli infections/enterohemorrhagic E. coli infections | Cervine (deer) | | Surra (Trypanosoma evansi) | Cervine (deer) | | Tuberculosis (Mycobacterium bovis) | Cervine (deer) | | Vesicular stomatitis | Cervine (deer) | | Unexplained increase in dead or diseased animals | Cervine (deer) | | Acute hepatopancreatic necrosis disease (Vibrio parahaemolyticus) | Crustacean | | Aphanomyces astaci (Crayfish plague) | Crustacean | | Hepatobacter penaei (necrotising hepatopancreatitis) | Crustacean | | Infection with infectious hypodermal and haematopoietic necrosis virus | Crustacean | | Infectious myonecrosis virus | Crustacean | | Macrobrachium rosenbergii nodavirus (white tail disease) | Crustacean | | New, emerging, or unusual animal diseases/zoonotic diseases | Crustacean | | Taura syndrome virus | Crustacean | | White spot syndrome virus | Crustacean | | Yellow head virus genotype 1 | Crustacean | | Unexplained increase in dead or diseased animals | Crustacean | | African horse sickness | Equine (horse) | | Anthrax | Equine (horse) | | Contagious equine metritis (Taylorella equigenitalis, CEM) | Equine (horse) | | Cryptococcus gattii | Equine (horse) | | Cryptococcus (undifferentiated species not identified as C. neoformans) | Equine (horse) | | Dourine (Trypanasoma equiperdum) | Equine (horse) | | Ehrlichiosis (Potomac horse fever) | Equine (horse) | | Equine encephalomyelitis, Eastern (EEE) | Equine (horse) | | Equine encephalomyelitis, Venezuelan (VEE) | Equine (horse) | | Equine encephalomyelitis, Western (WEE) | Equine (horse) | | Equine infectious anemia (EIA, swamp fever) | Equine (horse) | | Equine influenza | Equine (horse) | | Equine piroplasmosis (Babesia caballi, Theileria equi, babesiosis, Theileriosis) | Equine (horse) | | Equine rhinopneumonitis (Equine herpesvirus-1, EHV-1) | Equine (horse) | | Equine rhinopneumonitis (Equine herpesvirus-1 neurologic form, EHV-1 myelocencephalopathy, EHV-1-EHM) | Equine (horse) | | Equine rhinopneumonitis (Equine herpesvirus-1 non-neurologic form, EHV-1 myelocencephalopathy, EHV-1-EHM) | Equine (horse) | | Equine viral arteritis (EVA) | Equine (horse) | | Glanders (Burkholderia mallei) | Equine (horse) | | Hendra virus (Equine morbillivirus) | Equine (horse) | | Jamestown Canyon virus (JCV, California serogroup) | Equine (horse) | | Japanese encephalitis | Equine (horse) | | Leishmaniasis | Equine (horse) | | Leptospirosis | Equine (horse) | | Livestock exposed to toxic substances which may threaten public health | Equine (horse) | | Lyme disease (Borrelia burgdorferi) | Equine (horse) | | Meliodosis (Burkholderia pseudomallei) | Equine (horse) | | New, emerging, or unusual animal diseases/zoonotic diseases | Equine (horse) | | Pigeon Fever (Corynebacterium pseudotuberculosis, ulcerative lymphangitis) | Equine (horse) | | Rabies | Equine (horse) | | Scabies (Sarcoptes sp.) | Equine (horse) | | Screwworm, new world (Cochliomyia hominivorax) | Equine (horse) | | Screwworm, old world (Chrysomya bezziana) | Equine (horse) | | Snowshoe hare virus (SSHV, California serogroup) | Equine (horse) | | Strangles (Streptococcus equi subsp. equi) | Equine (horse) | | Shiga toxin-producing Escherichia coli infections/enterohemorrhagic E. coli infections | Equine (horse) | | St. Louis encephalitis virus (SLEV) | Equine (horse) | | Surra (Trypanosoma evansi) | Equine (horse) | | Unexplained increase in dead or diseased animals | Equine (horse) | | Vesicular stomatitis | Equine (horse) | | West Nile virus (WNV) | Equine (horse) | | Coccidioidomycosis (Coddidioides immitis, valley fever) | Feline (cat) | | Cryptococcus gattii | Feline (cat) | | Cryptococcus (undifferentiated species not identified as C. neoformans) | Feline (cat) | | Heartworm | Feline (cat) | | Leishmaniasis | Feline (cat) | | Listeriosis | Feline (cat) | | Meliodosis (Burkholderia pseudomallei) | Feline (cat) | | New, emerging, or unusual animal diseases/zoonotic diseases | Feline (cat) | | Plague (Yersinia pestis) | Feline (cat) | | Pseudorabies (Aujeszky's disease) | Feline (cat) | | Q Fever (Coxiella burnetti) | Feline (cat) | | Rabies | Feline (cat) | | Rift Valley fever | Feline (cat) | | SARS-CoV-2 (COVID-19) | Feline (cat) | | Scabies (Sarcoptes sp.) | Feline (cat) | | Screwworm, new world (Cochliomyia hominivorax) | Feline (cat) | | Screwworm, old world (Chrysomya bezziana) | Feline (cat) | | Shiga toxin-producing Escherichia coli infections/enterohemorrhagic E. coli infections | Feline (cat) | | Surra (Trypanosoma evansi) | Feline (cat) | | Unexplained increase in dead or diseased animals | Feline (cat) | | West Nile virus (WNV) | Feline (cat) | | Anthrax | Lagomorph (hare, rabbit, pika) | | Crimean Congo hemorrhagic fever (CCHF) | Lagomorph (hare, rabbit, pika) | | Myxomatosis | Lagomorph (hare, rabbit, pika) | | New, emerging, or unusual animal diseases/zoonotic diseases | Lagomorph (hare, rabbit, pika) | | Plague (Yersinia pestis) | Lagomorph (hare, rabbit, pika) | | Scabies (Sarcoptes sp.) | Lagomorph (hare, rabbit, pika) | | Screwworm, new world (Cochliomyia hominivorax) | Lagomorph (hare, rabbit, pika) | | Screwworm, old world (Chrysomya bezziana) | Lagomorph (hare, rabbit, pika) | | Shiga toxin-producing Escherichia coli infections/enterohemorrhagic E. coli infections | Lagomorph (hare, rabbit, pika) | | Snowshoe hare virus (SSHV, California serogroup) | Lagomorph (hare, rabbit, pika) | | Tularemia (Francisella tularensis) | Lagomorph (hare, rabbit, pika) | | Viral hemorrhagic disease of rabbits (Rabbit hemorrhagic disease, RHD, calicivirus) | Lagomorph (hare, rabbit, pika) | | Unexplained increase in dead or diseased animals | Lagomorph (hare, rabbit, pika) | | West Nile virus (WNV) | Lagomorph (hare, rabbit, pika) | | Abalone viral ganglioneuritis (Abalone herpesvirus) | Mollusc | | Bonamiosis (Bonamia exitiosa) | Mollusc | | Bonamiosis (Bonamia ostreae) | Mollusc | | Marteiliosis (Marteilia refringens) | Mollusc | | New, emerging, or unusual animal diseases/zoonotic diseases | Mollusc | | Perkinsosis (Perkinsus marinus) | Mollusc | | Perkinsosis (Perkinsus olseni) | Mollusc | | Withering abalone syndrome (Xenohaliotis californiensis) | Mollusc | | Unexplained increase in dead or diseased animals | Mollusc | | Akabane disease (Akabane virus) | Multiple Species | | Anthrax | Multiple Species | | Bluetongue (Orbivirus) | Multiple Species | | Brucellosis | Multiple Species | | Brucellosis (Brucella abortus) | Multiple Species | | Brucellosis (Brucella canis) | Multiple Species | | Brucellosis (Brucella melitensis) | Multiple Species | | Brucellosis (Brucella ovis) | Multiple Species | | Brucellosis (Brucella suis) | Multiple Species | | Chikungunya | Multiple Species | | Coccidioidomycosis (Coddidioides immitis, valley fever) | Multiple Species | | Crimean Congo hemorrhagic fever (CCHF) | Multiple Species | | Cryptococcus gattii | Multiple Species | | Cryptococcus (undifferentiated species not identified as C. neoformans) | Multiple Species | | Dengue | Multiple Species | | Echinococcosis/Hydatidosis | Multiple Species | | Echinococcosis/Hydatidosis (Echinococcus granulosus) | Multiple Species | | Echinococcosis/Hydatidosis (Echinococcus multilocularis) | Multiple Species | | Ehrlichiosis (Ehrlichia species) | Multiple Species | | Epizootic hemorrhagic disease (EHD) | Multiple Species | | Equine encephalomyelitis | Multiple Species | | Equine encephalomyelitis (Eastern, EEE) | Multiple Species | | Equine encephalomyelitis (Venezuelan, VEE) | Multiple Species | | Equine encephalomyelitis (Western, WEE) | Multiple Species | | Foot-and-mouth disease (FMD) | Multiple Species | | Heartwater (Ehrlichia ruminantium, Cowdriosis) | Multiple Species | | Heartworm | Multiple Species | | Jamestown Canyon virus (JCV, California serogroup) | Multiple Species | | Japanese encephalitis | Multiple Species | | Johne's disease (paratuberculosis) | Multiple Species | | La Crosse encephalitis virus (LACV) | Multiple Species | | Leishmaniasis | Multiple Species | | Leptospirosis | Multiple Species | | Livestock exposed to toxic substances which may threaten public health | Multiple Species | | Lyme disease (Borrelia burgdorferi) | Multiple Species | | Meliodosis (Burkholderia pseudomallei) | Multiple Species | | Malignant catarrhal fever (MCF) | Multiple Species | | New, emerging, or unusual animal diseases/zoonotic diseases | Multiple Species | | Plague (Yersinia pestis) | Multiple Species | | Powassan virus (POWV) | Multiple Species | | Pseudorabies (Aujeszky's disease) | Multiple Species | | Q Fever (Coxiella burnetti) | Multiple Species | | Rabies | Multiple Species | | Rift Valley fever | Multiple Species | | Rinderpest (cattle plague) | Multiple Species | | Scabies (Sarcoptes sp.) | Multiple Species | | SARS-CoV-2 (COVID-19) | Multiple Species | | Screwworm | Multiple Species | | Screwworm, new world (Cochliomyia hominivorax) | Multiple Species | | Screwworm, old world (Chrysomya bezziana) | Multiple Species | | Shiga toxin-producing Escherichia coli infections/enterohemorrhagic E. coli infections | Multiple Species | | Snowshoe hare virus (SSHV, California serogroup) | Multiple Species | | St. Louis encephalitis virus (SLEV) | Multiple Species | | Surra (Trypanosoma evansi) | Multiple Species | | Theileriosis (Corridor disease, East Coast fever, Theileria annulata, Theileria parva) | Multiple Species | | Transmissible Spongiform Encephalopathy (TSE) | Multiple Species | | Trichinellosis (Trichinella spp., Trichinosis) | Multiple Species | | Tuberculosis | Multiple Species | | Tuberculosis (Mycobacterium avium) | Multiple Species | | Tuberculosis (Mycobacterium tuberculosis) | Multiple Species | | Tularemia (Francisella tularensis) | Multiple Species | | Unexplained increase in dead or diseased animals | Multiple Species | | Vancomycin resistant (Staphylococcus aureus) | Multiple Species | | Vesicular stomatitis | Multiple Species | | West Nile virus (WNV) | Multiple Species | | Zika | Multiple Species | | Zoonotic viral hemorrhagic fever | Multiple Species | | Akabane disease (Akabane virus) | Ovine (sheep) | | Anthrax | Ovine (sheep) | | Bluetongue (Orbivirus) | Ovine (sheep) | | Brucellosis (Brucella abortus) | Ovine (sheep) | | Brucellosis (Brucella melitensis) | Ovine (sheep) | | Brucellosis (Brucella ovis) | Ovine (sheep) | | Caprine arthritis and encephalitis (CAE) | Ovine (sheep) | | Caseous lymphadenitis (Corynebacterium pseudotuberculosis) | Ovine (sheep) | | Contagious agalactia (Mycoplasma agalactiae, M Capricolum capricolum, M putrefaciens, M. mycoides mycoide, M. mycoides mycoides) | Ovine (sheep) | | Contagious caprine pleuropneumonia | Ovine (sheep) | | Contagious ecthyma (Orf, sore mouth) | Ovine (sheep) | | Crimean Congo hemorrhagic fever (CCHF) | Ovine (sheep) | | Cryptococcus gattii | Ovine (sheep) | | Cryptococcus (undifferentiated species not identified as C. neoformans) | Ovine (sheep) | | Epizootic hemorrhagic disease (EHD) | Ovine (sheep) | | Enzootic abortion of ewes (Chlamydophila abortus, ovine chlamydiosis) | Ovine (sheep) | | Echinococcosis/Hydatidosis (Echinococcus granulosus) | Ovine (sheep) | | Echinococcosis/Hydatidosis (Echinococcus multilocularis) | Ovine (sheep) | | Foot-and-mouth disease (FMD) | Ovine (sheep) | | Goat pox (Sheep pox) | Ovine (sheep) | | Heartwater (Ehrlichia ruminantium, Cowdriosis) | Ovine (sheep) | | Jamestown Canyon virus (JCV, California serogroup) | Ovine (sheep) | | Johne's disease (paratuberculosis) | Ovine (sheep) | | Leptospirosis | Ovine (sheep) | | Livestock exposed to toxic substances which may threaten public health | Ovine (sheep) | | Maedi-Visna (Ovine progressive pneumonia, OPP) | Ovine (sheep) | | Malignant catarrhal fever (MCF) | Ovine (sheep) | | Mange (Sarcoptes scabiei, Chorioptes bovis, Psoroptes ovis, Psoroptes cuniculi, Psoregates ovis) | Ovine (sheep) | | Meliodosis (Burkholderia pseudomallei) | Ovine (sheep) | | Nairobi sheep disease | Ovine (sheep) | | New, emerging, or unusual animal diseases/zoonotic diseases | Ovine (sheep) | | Peste des petits ruminants | Ovine (sheep) | | Plague (Yersinia pestis) | Ovine (sheep) | | Pseudorabies (Aujeszky's disease) | Ovine (sheep) | | Q Fever (Coxiella burnetti) | Ovine (sheep) | | Rabies | Ovine (sheep) | | Rift Valley fever | Ovine (sheep) | | Rinderpest (cattle plague) | Ovine (sheep) | | Salmonellosis (Salmonella abortus ovis) | Ovine (sheep) | | Scrapie | Ovine (sheep) | | Screwworm, new world (Cochliomyia hominivorax) | Ovine (sheep) | | Screwworm, old world (Chrysomya bezziana) | Ovine (sheep) | | Sheep pox | Ovine (sheep) | | Shiga toxin-producing Escherichia coli infections/enterohemorrhagic E. coli infections | Ovine (sheep) | | Snowshoe hare virus (SSHV, California serogroup) | Ovine (sheep) | | Surra (Trypanosoma evansi) | Ovine (sheep) | | Theileriosis (Corridor disease, East Coast fever, Theileria annulata, T. parva) | Ovine (sheep) | | Vesicular stomatitis | Ovine (sheep) | | Unexplained increase in dead or diseased animals | Ovine (sheep) | | Epizootic hematopoietic necrosis disease | Piscine (fish) | | Epizootic ulcerative syndrome (Aphanomyces invadans, EUS) | Piscine (fish) | | Gyrodactylus salaris (Gyrodactylosis) | Piscine (fish) | | Salmon anemia virus | Piscine (fish) | | HPR-deleted or HPRO infectious salmon anaemia virus | Piscine (fish) | | Koi herpesvirus disease | Piscine (fish) | | New, emerging, or unusual animal diseases/zoonotic diseases | Piscine (fish) | | Salmonid alphavirus infection | Piscine (fish) | | Red sea bream iridoviral disease | Piscine (fish) | | Spring viremia of carp (SVC) | Piscine (fish) | | Tilapia lake virus disease (Tilapia tilapinevirus, TiLV) | Piscine (fish) | | Unexplained increase in dead or diseased animals | Piscine (fish) | | Viral hemorrhagic septicemia (VHS) | Piscine (fish) | | African swine fever (ASF) | Porcine (pig) | | Anthrax | Porcine (pig) | | Brucellosis (Brucella suis) | Porcine (pig) | | Classical swine fever (CSF, hog cholera) | Porcine (pig) | | Cryptococcus gattii | Porcine (pig) | | Cryptococcus (undifferentiated species not identified as C. neoformans) | Porcine (pig) | | Foot-and-mouth disease (FMD) | Porcine (pig) | | Japanese encephalitis | Porcine (pig) | | Leptospirosis | Porcine (pig) | | Livestock exposed to toxic substances which may threaten public health | Porcine (pig) | | Malignant catarrhal fever (MCF) | Porcine (pig) | | Meliodosis (Burkholderia pseudomallei) | Porcine (pig) | | New, emerging, or unusual animal diseases/zoonotic diseases | Porcine (pig) | | Nipah virus | Porcine (pig) | | Porcine circovirus (post-weaning multisystemic wasting syndrome) | Porcine (pig) | | Porcine cysticercosis (Taenia solium) | Porcine (pig) | | Porcine epidemic diarrhea virus (PEDv) | Porcine (pig) | | Porcine reproductive and respiratory syndrome (PRRS) | Porcine (pig) | | Pseudorabies (Aujeszky's disease) | Porcine (pig) | | Q Fever (Coxiella burnetti) | Porcine (pig) | | Rabies | Porcine (pig) | | Rinderpest (cattle plague) | Porcine (pig) | | Scabies (Sarcoptes sp.) | Porcine (pig) | | Screwworm, new world (Cochliomyia hominivorax) | Porcine (pig) | | Screwworm, old world (Chrysomya bezziana) | Porcine (pig) | | Senecavirus A (SVA, Seneca Valley virus) | Porcine (pig) | | Shiga toxin-producing Escherichia coli infections/enterohemorrhagic E. coli infections | Porcine (pig) | | Surra (Trypanosoma evansi) | Porcine (pig) | | Swine influenza | Porcine (pig) | | Swine vesicular disease | Porcine (pig) | | Transmissible gastroenteritis (coronavirus, TGE) | Porcine (pig) | | Trichinellosis (Trichinella spiralis, Trichinosis) | Porcine (pig) | | Unexplained increase in dead or diseased animals | Porcine (pig) | | Vesicular exanthema of swine | Porcine (pig) | | Vesicular stomatitis | Porcine (pig) | | New, emerging, or unusual animal diseases | Reptilian | | Unexplained increase in dead or diseased animals | Reptilian | | Anthrax | Rodent | | Foot-and-mouth disease (FMD) | Rodent | | La Crosse encephalitis virus (LACV) | Rodent | | Leishmaniasis | Rodent | | New, emerging, or unusual animal diseases/zoonotic diseases | Rodent | | Plague (Yersinia pestis) | Rodent | | Q Fever (Coxiella burnetti) | Rodent | | Rift Valley fever | Rodent | | Shiga toxin-producing Escherichia coli infections/enterohemorrhagic E. coli infections | Rodent | | Unexplained increase in dead or diseased animals | Rodent |

History

Statutory Authority: RCW 16.36.040. WSR 23-11-042, § 16-70-015, filed 5/11/23, effective 6/11/23. RCW 16.36.040 and chapter 34.05 RCW. WSR 15-02-027, § 16-70-020, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-055, § 16-70-020, filed 6/10/10, effective 7/11/10
WSR 07-10-087, § 16-70-020, filed 5/1/07, effective 6/1/07. Statutory Authority: RCW 16.36.096 and 16.36.040. WSR 93-19-127 (Order 5011), § 16-70-020, filed 9/21/93, effective 10/22/93
Order 1005, Regulation 4, filed 7/22/66, effective 8/22/66.

Chapter 16-71 Equine diseases in Washington state.

Wash. Admin. Code § 16-71-010 Definitions.

"Certificate of veterinary inspection (CVI)" means a legible veterinary health inspection certificate on an official form (electronic or paper) from the state of origin or by the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS). This certificate must be executed by a licensed and accredited veterinarian or a veterinarian approved by USDA APHIS. The certificate of veterinary inspection is also known as an "official health certificate."

"Department" means the Washington state department of agriculture.

"Director" means the director of the Washington state department of agriculture or their authorized representative.

"Equine" means horses, donkeys, mules, ponies, zebras, and others in the Equidae family.

"Herd plan" means a written management agreement between the animal owner and the state veterinarian, with possible input from a private accredited veterinarian designated by the owner and the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) veterinary services area veterinarian-in-charge, in which each participant agrees to undertake actions specified in the herd plan to control the spread of infectious, contagious, or communicable disease within and from an infected herd and to work toward eradicating the disease in the infected herd.

"Official test" means a laboratory test by USDA-approved laboratories or by people authorized by the state of origin's animal health officials to conduct the tests.

"VS form 1-27" means a United States department of agriculture permit form for the movement of restricted or quarantined livestock.

History

Statutory Authority: RCW 43.17.060, 42.56.040, and 43.01.160. WSR 24-22-025, s 16-71-010, filed 10/28/24, effective 11/28/24. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-056, § 16-71-010, filed 6/10/10, effective 7/11/10. Statutory Authority: RCW 16.36.040. WSR 00-14-059, § 16-71-010, filed 7/3/00, effective 8/3/00
Order 1330, § 16-71-010, filed 12/21/73.

Wash. Admin. Code § 16-71-015 Forms used in this chapter.

Forms used in this chapter may be obtained from the department at:

Animal Services Division

Washington State Department of Agriculture

1111 Washington St. S.E.

Olympia, WA 98504-2560

Email: ahealth@agr.wa.gov

Phone: 360-902-1878.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 16-23-109, § 16-71-015, filed 11/18/16, effective 12/19/16. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-056, § 16-71-015, filed 6/10/10, effective 7/11/10.

Wash. Admin. Code § 16-71-022 Equine infectious anemia procedures.

(1) Equine infectious anemia (EIA) is an infection by the equine infectious anemia lentivirus that affects both sexes, all ages, all breeds, and all species of equine. Infected equine remain carriers for life, constituting a potential source for spread of the infection. There is no known cure or treatment.

(2)(a) Positive diagnosis of EIA is made with the agar gel immunodiffusion test (AGID or Coggins test), competitive enzyme-linked immunosorbent assay (cELISA test) or other official test. A supplementary AGID will be conducted to confirm positives detected with other official tests.

(b) Blood samples for EIA testing will be collected by licensed, accredited veterinarians at the owners' request and expense. At sample collection, the veterinarian will make an accurate, detailed identification of the equine on an official test request form. Positive test results are to be reported to state and federal animal health authorities.

(3) The management or board of governors at race tracks, rodeos, shows, fairs or other assembly points may require more restrictive testing for all equine before consignment to an assembly point or participation in an event.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-056, § 16-71-022, filed 6/10/10, effective 7/11/10. Statutory Authority: RCW 16.36.040. WSR 00-14-059, § 16-71-022, filed 7/3/00, effective 8/3/00
Order 1431, § 16-71-022, filed 2/10/76. Formerly WAC 16-71-020.

Wash. Admin. Code § 16-71-030 EIA quarantine.

(1)(a) EIA positive equine will be quarantined to the location of origin or other location approved by the director, as provided for in RCW 16.36.010.

(b) The quarantine will be released only upon the positive equine's death or if the animal is legally moved from the quarantine location by permit on a VS form 1-27.

(c) All equine exposed to EIA positive equine will be quarantined. The quarantine will be removed on these exposed equine and movement allowed only after a negative, official EIA test at least ninety days after the positive equine have been removed from the quarantine premises.

(2) Positive equine must be:

(a) Placed in permanent quarantine in a restricted holding facility for the life of the equine under a herd plan developed to control the spread of the diseases, as provided for in RCW 16.36.005; or

(b) Donated to a diagnostic or research facility; or

(d) Euthanized. A state or federal animal health official or a licensed and accredited veterinarian will conduct euthanasia.

(3) For lifelong quarantine, a state or federal animal health official must approve the isolation facility. The isolation facility must be located at least two hundred yards from any other equine, and must keep the positive equine separate from all other equine. The facility must be screened to prevent transmission of EIA by insect vectors.

(4) In consultation with an entomologist, an insect control program must be developed, approved by the director, and must be followed routinely.

(5) If the positive equine is donated to a research facility or removed from the state, it can only move by permit on a VS form 1-27. For removal from the state, the receiving state must agree in advance to accept the positive equine.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-056, § 16-71-030, filed 6/10/10, effective 7/11/10. Statutory Authority: RCW 16.36.040. WSR 00-14-059, § 16-71-030, filed 7/3/00, effective 8/3/00
Order 1330, § 16-71-030, filed 12/21/73.

Wash. Admin. Code § 16-71-035 Identification of EIA positive equine.

Confirmed EIA positive equine will be permanently identified by lip tattooing or branding with a hot iron, chemical brand, or freeze brand. A lip tattoo is applied to the inside surface of the upper lip and consists of the numbers 91 followed by the letter A, with each character being at least one inch high and three-fourths of an inch wide. A brand is applied on the left side of the neck or left shoulder and consists of the numbers 91 followed by the letter A, with each character being at least two inches high. Permanent identification will be applied by state or federal animal health authorities.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-056, § 16-71-035, filed 6/10/10, effective 7/11/10. Statutory Authority: RCW 16.36.040. WSR 00-14-059, § 16-71-035, filed 7/3/00, effective 8/3/00.

Wash. Admin. Code § 16-71-065 Equine viral arteritis.

(1) Equine viral arteritis (EVA) is a contagious equine disease. Although typically not life threatening to otherwise healthy adult horses, EVA is of special concern because it can result in abortion in pregnant mares, illness and death in young foals, and establishment of the carrier state in stallions. Equine viral arteritis is a manageable disease that can be prevented through a vaccination program.

(2) If equine test positive for EVA:

(a) The owner of intact males over six months of age and equine reproductive products from donors that test positive for EVA must comply with the United States Department of Agriculture (USDA) Equine Viral Arteritis Uniform Methods and Rules, effective April 19, 2004.

(b) Intact males that test antibody positive for EVA may be subject to quarantine.

(c) Equine semen and embryos from antibody positive donors must be used or implanted only in vaccinated or seropositive mares. These mares must be isolated for twenty-one days following insemination or implantation.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-056, § 16-71-065, filed 6/10/10, effective 7/11/10.

Wash. Admin. Code § 16-71-070 Adoption of USDA equine viral arteritis uniform methods and rules.

In addition to the rules adopted in this chapter, the Washington state department of agriculture adopts the procedures and methods of the United States Department of Agriculture (USDA) Equine Viral Arteritis Uniform Methods and Rules, effective April 19, 2004. The department maintains a copy of this document for public inspection. You may also find the information on the internet at: http://www.aphis.usda.gov/animal_health/animal_diseases/eva/downloads/eva-umr.pdf

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-056, § 16-71-070, filed 6/10/10, effective 7/11/10.

Wash. Admin. Code § 16-71-080 Equine herpes virus.

(1) The neurological form of equine herpes virus (EHV1) is a contagious equine disease that can cause respiratory disease, neurological disease, and abortion.

(2) Horses that show clinical signs consistent with neurological EHV1 and test positive to a PCR test for neurological EHV1 will be dealt with by the state veterinarian on a case-by-case basis.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-056, § 16-71-080, filed 6/10/10, effective 7/11/10.

Wash. Admin. Code § 16-71-090 Equine piroplasmosis.

(1) Equine piroplasmosis (EP) is a tick-borne disease caused by two parasitic organisms, Theileria equi and Babesia caballi, and is transmitted to horses by ticks or improperly disinfected needles or surgical instruments. EP causes clinical signs such as fever, anemia, lethargy, jaundice, dependent edema, and labored breathing.

(2) Horses that test positive to any of the following tests must either be euthanized or removed from the state within thirty days of diagnosis:

(a) cELISA (competitive enzyme-linked immunosorbent assay);

(b) CF (complement fixation);

(d) IFA (immunofluorescent antibody).

(3) Equine found positive to piroplasmosis must be:

(a) Permanently quarantined in a restricted holding facility for the life of the equine under a herd plan developed to control the spread of the disease, as provided for in RCW 16.36.005; or

(b) Donated to a diagnostic or research facility; or

(d) The equine is euthanized and disposed of under the direct supervision of a state or federal animal health official.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-056, § 16-71-090, filed 6/10/10, effective 7/11/10.

Wash. Admin. Code § 16-71-100 Strangles.

(1) Strangles (also known as equine distemper) is a contagious, upper respiratory tract infection of equines caused by a bacterium, Streptococcus equi var equi. Strangles is enzootic in domesticated horses worldwide.

(2) Horses that test positive to Streptococcus equi will be dealt with by the state veterinarian on a case-by-case basis.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-056, § 16-71-100, filed 6/10/10, effective 7/11/10.

Wash. Admin. Code § 16-71-110 Vesicular stomatitis.

Equine that have been diagnosed with vesicular stomatitis will be held in quarantine with all exposed and susceptible species at the location where livestock were diagnosed until fourteen days following the last documented observation of new lesions in animals at that location.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 16-23-109, § 16-71-110, filed 11/18/16, effective 12/19/16. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-056, § 16-71-110, filed 6/10/10, effective 7/11/10.

Chapter 16-74 Livestock testing—Duties of owners.

Wash. Admin. Code § 16-74-005 Definitions.

(1) "Communicable disease" means a disease due to a specific infectious agent or its toxic products transmitted from an infected person, animal or inanimate reservoir to a susceptible host, either directly or indirectly through an intermediate plant or animal host, vector or the environment.

(2) "Contagious disease" means a communicable disease that is capable of being easily transmitted from one animal to another animal or a human.

(3) "Director" means the director of agriculture of the state of Washington or their authorized representative.

(4) "Department" means the department of agriculture of the state of Washington.

(5) "Infectious disease" means a clinical disease of humans or animals resulting from an infection with an infectious agent that may or may not be communicable or contagious.

(6) "Livestock" means horses, mules, donkeys, cattle, bison, sheep, goats, swine, rabbits, llamas, alpacas, ratites, poultry, waterfowl, game birds and other species designated by statute. "Livestock" does not mean free ranging wildlife as defined in Title 77 RCW.

History

Statutory Authority: RCW 16.36.040 and 43.01.160. WSR 24-22-035, s 16-74-005, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 16.36.040. WSR 00-06-065, § 16-74-005, filed 3/1/00, effective 4/1/00.

Wash. Admin. Code § 16-74-010 Presenting and confining livestock for testing.

Livestock owners are required to present and confine their livestock when they are to be tested for any infectious, communicable or contagious disease. The accessibility and confinement of the livestock are to be in a manner and at reasonable times as prescribed by the director.

History

Statutory Authority: RCW 16.36.040. WSR 00-06-065, § 16-74-010, filed 3/1/00, effective 4/1/00
Order 776, Regulation 1, effective 5/26/58.

Wash. Admin. Code § 16-74-020 Facilities.

Owners must furnish adequate facilities to assure convenient and safe procedures in conducting all tests. The required facilities may include corrals, chutes, stanchions and/or squeeze chutes as deemed necessary by the director or their duly authorized representative.

History

Statutory Authority: RCW 16.36.040 and 43.01.160. WSR 24-22-035, s 16-74-020, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 16.36.040. WSR 00-06-065, § 16-74-020, filed 3/1/00, effective 4/1/00
Order 776, Regulation 2, effective 5/26/58.

Wash. Admin. Code § 16-74-030 Handling.

All handling of livestock for the purpose of testing, sampling or drawing of blood samples is the responsibility of the owner.

History

Statutory Authority: RCW 16.36.040. WSR 00-06-065, § 16-74-030, filed 3/1/00, effective 4/1/00
Order 776, Regulation 3, effective 5/26/58.

Chapter 16-80 Domestic and feral swine in Washington state.

Wash. Admin. Code § 16-80-005 Definitions.

In addition to the definitions found in RCW 16.36.005, the following definitions apply to this chapter:

"Feral swine" means animals included in any of the following categories:

• Animals of the genus Sus that are free roaming on public or private lands and do not appear to be domesticated;

• Swine from domesticated stocks that have escaped or been released or born into the wild state;

• European wild hogs and their hybrid forms (also known as European wild boars or razorbacks), regardless of whether they are free roaming or kept in confinement; or

• Animals of the family Tayassuidae such as peccaries and javelinas, regardless of whether they are free roaming or kept in confinement.

"Official USDA-approved identification" means methods of identification, as approved in 9 C.F.R. Sec. 71.19, revised January 9, 2013.

"USDA" means the United States Department of Agriculture.

History

Statutory Authority: RCW 16.36.040. WSR 23-11-043, § 16-80-005, filed 5/11/23, effective 6/11/23. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-057, § 16-80-005, filed 6/10/10, effective 7/11/10. Statutory Authority: RCW 16.36.040. WSR 00-06-066, § 16-80-005, filed 3/1/00, effective 4/1/00. Statutory Authority: RCW 16.36.040 and 16.36.096. WSR 91-08-027, § 16-80-005, filed 3/29/91, effective 4/29/91.

Wash. Admin. Code § 16-80-006 Adoption of USDA pseudorabies eradication program standards.

In addition to the rules adopted in this chapter, the Washington state department of agriculture adopts the procedures and methods of the USDA pseudorabies eradication state-federal-industry program standards, effective November 1, 2003. The department maintains a copy of this document for public inspection. You may find the information on the internet at https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-disease-information/swine-disease-information/swine-pseudorabies.

History

Statutory Authority: RCW 16.36.040. WSR 23-11-043, § 16-80-006, filed 5/11/23, effective 6/11/23. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-057, § 16-80-006, filed 6/10/10, effective 7/11/10.

Wash. Admin. Code § 16-80-008 Adoption of USDA swine brucellosis control and eradication program standards.

In addition to the rules adopted in this chapter, the Washington state department of agriculture adopts the procedures and methods of the USDA swine brucellosis control and eradication state-federal-industry program standards, effective April, 1998. The department maintains a copy of this document for public inspection. You may find the information on the internet at https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-disease-information/swine-disease-information/swine-brucellosis.

History

Statutory Authority: RCW 16.36.040. WSR 23-11-043, § 16-80-008, filed 5/11/23, effective 6/11/23. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-057, § 16-80-008, filed 6/10/10, effective 7/11/10.

Wash. Admin. Code § 16-80-035 Indemnity for infected or exposed swine.

(1) Under RCW 16.36.090, the director may order the slaughter or destruction of any swine affected with or exposed to classical swine fever (hog cholera), pseudorabies, swine brucellosis, or any other reportable, infectious, or communicable disease.

(2) Under RCW 16.36.096, subject to the availability of funds appropriated for this specific purpose, the director may pay an indemnity in an amount of up to seventy-five percent of appraised or salvage value of the animal ordered slaughtered or destroyed.

(3) No indemnity will be paid if:

(a) The swine belong to the federal government or any of its agencies, this state or any of its political subdivisions, or any municipal corporations; or

(b) The swine were not imported into this state in compliance with state importation regulations found in chapter 16-54 WAC.

(4) The state veterinarian must approve of the disposal methods of any swine ordered destroyed.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-057, § 16-80-035, filed 6/10/10, effective 7/11/10. Statutory Authority: RCW 16.36.040. WSR 00-06-066, § 16-80-035, filed 3/1/00, effective 4/1/00. Statutory Authority: RCW 16.36.040 and 16.36.096. WSR 91-08-027, § 16-80-035, filed 3/29/91, effective 4/29/91.

Wash. Admin. Code § 16-80-045 Official identification of swine.

All swine that leave the farm of origin or move through a public livestock market or collection facility and all exhibition swine, must have official USDA-approved identification unless going direct to slaughter.

History

Statutory Authority: RCW 16.36.040. WSR 23-11-043, § 16-80-045, filed 5/11/23, effective 6/11/23. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-057, § 16-80-045, filed 6/10/10, effective 7/11/10. Statutory Authority: RCW 16.36.040. WSR 00-06-066, § 16-80-045, filed 3/1/00, effective 4/1/00. Statutory Authority: RCW 16.36.040 and 16.36.096. WSR 91-08-027, § 16-80-045, filed 3/29/91, effective 4/29/91.

Wash. Admin. Code § 16-80-060 Feral swine.

Feral swine are prohibited in the state of Washington. If observed, feral swine must be reported to the Washington invasive species council by telephone at 1- 888-268-9219 or at their website at www.invasivespecies.wa.gov/report. Additionally, USDA Wildlife Services may be contacted by phone at 1- 866-487-3297. An interagency response will be coordinated upon receipt of information.

History

Statutory Authority: RCW 16.36.040. WSR 23-11-043, § 16-80-060, filed 5/11/23, effective 6/11/23. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-13-057, § 16-80-060, filed 6/10/10, effective 7/11/10.

Chapter 16-86 Cattle and bison diseases in Washington state.

Wash. Admin. Code § 16-86-005 Definitions.

In addition to the definitions found in RCW 16.36.005, the following definitions apply to this chapter:

"Accredited veterinarian" means a veterinarian licensed to practice veterinary medicine, surgery, and dentistry in the state of Washington and approved by the United States Department of Agriculture (USDA) Veterinary Services to participate in state-federal cooperative programs.

"Adult vaccination tattoo" means a tattoo in the right ear with the letters RA, the United States registered V-shield, followed by the last digit of the year in which the vaccination was administered with RB-51 Brucella vaccine. An example is RAV2 for an adult vaccinated in 2012.

"Breed registry tattoo" means individual registry tattoos issued by breed associations.

"Brucellosis vaccine" means only those Brucella abortus products that are approved by and produced under license of the USDA for injection into cattle to enhance their resistance to brucellosis.

"Calfhood vaccination tattoo" means a tattoo in the right ear consisting of an R, the United States registered V-shield, and the last digit of the year in which the animal was vaccinated with RB-51 Brucella vaccine. An example is RV-shield2 for a calf vaccinated in 2012.

"Department" means the Washington state department of agriculture (WSDA).

"Director" means the director of WSDA or the director's authorized representative.

"Herd plan" means a written management agreement between the animal owner and the state veterinarian, with possible input from a private accredited veterinarian designated by the owner, in which each participant agrees to undertake actions specified in the herd plan to control the spread of infectious, contagious, or communicable disease within and from an infected herd and to work toward eradicating the disease in the infected herd.

"Official calfhood vaccinate" means female cattle between four and twelve months of age that are vaccinated with brucellosis vaccine at a calfhood dose (2cc subcutaneously) and officially individually identified.

"Official individual identification" means identifying an animal using USDA-approved devices or methods or an alternative form of identification agreed upon by the sending and receiving states, such as unique breed registry tattoos when accompanied by registration documentation. A group of animals may be identified by registered brands when accompanied by a certificate of inspection from a brand inspection authority recognized by the director when agreed upon by the sending and receiving states.

"Official Washington adult vaccinate" means female cattle over the age of twelve months that have resided in Washington state for ninety days or more and are vaccinated with a dose of brucellosis vaccine (2cc subcutaneously) under directions issued by the director.

"Premises" means a location where livestock are kept.

"Timed events" means competitive events that take place where time elapsed is the factor that determines the placing of individuals competing in the event.

"USDA" means the United States Department of Agriculture.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 16-23-110, § 16-86-005, filed 11/18/16, effective 12/19/16
WSR 16-01-132, § 16-86-005, filed 12/18/15, effective 1/18/16
WSR 15-02-028, § 16-86-005, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 12-21-009, § 16-86-005, filed 10/5/12, effective 11/5/12
WSR 10-20-093, § 16-86-005, filed 9/30/10, effective 10/31/10
WSR 09-03-019, § 16-86-005, filed 1/9/09, effective 2/9/09
WSR 08-01-094, § 16-86-005, filed 12/17/07, effective 1/17/08. Statutory Authority: RCW 16.36.040. WSR 99-09-025, § 16-86-005, filed 4/15/99, effective 5/16/99. Statutory Authority: RCW 16.36.096 and 16.36.040. WSR 90-10-045 (Order 2035), § 16-86-005, filed 4/30/90, effective 5/31/90. Statutory Authority: RCW 16.36.040 and 16.36.050. WSR 87-08-020 (Order 1917), § 16-86-005, filed 3/25/87. Statutory Authority: Chapter 16.36 RCW. WSR 84-08-037 (Order 1814), § 16-86-005, filed 3/30/84
Order 1539, § 16-86-005, filed 10/17/77.

Wash. Admin. Code § 16-86-008 Forms used in this chapter.

Forms used in this chapter may be obtained from the department at:

Animal Services Division

Washington State Department of Agriculture

1111 Washington St. S.E.

Olympia, WA 98504-2560

Email: ahealth@agr.wa.gov

Phone: 360-902-1878.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 16-23-110, § 16-86-008, filed 11/18/16, effective 12/19/16. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 08-01-094, § 16-86-008, filed 12/17/07, effective 1/17/08.

Wash. Admin. Code § 16-86-013 Quarantine.

Cattle or bison that are infected or suspected of being infected with an infectious or communicable disease after an official test will be quarantined as provided under RCW 16.36.010. If owners refuse to allow the department to test for diseases provided for in this chapter, all cattle or bison will be regarded as a menace to the health of livestock, and the premises on which they are kept will be immediately quarantined and no animals or products of these animals may be removed from the premises.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 08-01-094, amended and recodified as § 16-86-013, filed 12/17/07, effective 1/17/08. Statutory Authority: RCW 16.36.040. WSR 99-09-025, § 16-86-020, filed 4/15/99, effective 5/16/99
Order 1539, § 16-86-020, filed 10/17/77
Order 1171, § 16-86-020, filed 12/15/70
Order 855, Regulation 2, effective 7/19/61.

Wash. Admin. Code § 16-86-014 Adoption of United States Department of Agriculture Brucellosis Eradication Uniform Methods and Rules.

In addition to the rules adopted in this chapter, the Washington state department of agriculture adopts the procedures and methods of the USDA Brucellosis Eradication Uniform Methods and Rules, effective October 1, 2003. The department maintains a copy of this document for public inspection. You may also find the information on the internet at: www.aphis.usda.gov/animal_health/animal_diseases/brucellosis/downloads/umr_bovine_bruc.pdf.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 08-01-094, § 16-86-014, filed 12/17/07, effective 1/17/08.

Wash. Admin. Code § 16-86-015 Change of ownership requirements for cattle and bison in Washington.

(1) Cattle. All female cattle must be official calfhood or official Washington mature vaccinates and bear legible vaccination tattoos before being sold or introduced into any breeding herd in the state of Washington. This rule does not apply to the following:

(a) Cattle sold or consigned to a restricted feedlot;

(b) Cattle sold or consigned to a federally inspected slaughter plant;

(d) Spayed heifers;

(e) Cattle sold to buyers in states or countries without brucellosis vaccination import requirements; and

(f) Calves under four months of age.

(2) Bison. All bison, except calves under eight months of age at the side of their negative-tested mothers, are required to test negative for brucellosis upon change of ownership.

(3)(a) Under RCW 20.01.380, as cattle and bison move throughout the marketing system, livestock dealers are required to retain cattle and bison identification to the herd of origin. Official identification devices provide permanent identification of livestock and ensure the ability to find the source of animal disease outbreaks.

(b) Removing an official animal health tag, or official animal identification tag, permanent mark, or other device is prohibited except at the time of slaughter.

(c) If an official identification device is lost and it is necessary to retag an animal, the new official number shall correlate, whenever possible, with the previous official number of the animal and shall be reported to the office of the state veterinarian.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 08-01-094, § 16-86-015, filed 12/17/07, effective 1/17/08. Statutory Authority: RCW 16.36.040. WSR 99-09-025, § 16-86-015, filed 4/15/99, effective 5/16/99
WSR 97-01-067 (Order 6009), § 16-86-015, filed 12/16/96, effective 1/16/97. Statutory Authority: RCW 16.36.096 and 16.36.040. WSR 94-05-008 (Order 5032), § 16-86-015, filed 2/3/94, effective 3/6/94
WSR 92-21-023, § 16-86-015, filed 10/13/92, effective 11/13/92. Statutory Authority: RCW 16.36.040 and 16.36.050. WSR 88-05-003 (Order 1964), § 16-86-015, filed 2/5/88
WSR 87-08-020 (Order 1917), § 16-86-015, filed 3/25/87. Statutory Authority: Chapter 16.36 RCW. WSR 84-08-037 (Order 1814), § 16-86-015, filed 3/30/84. Statutory Authority: Chapters 16.36 and 16.44 RCW. WSR 83-06-002 (Order 1785), § 16-86-015, filed 2/17/83. Statutory Authority: Chapters 16.36 and 16.40 RCW. WSR 81-14-078 (Order 1742), § 16-86-015, filed 7/1/81
WSR 81-10-048 (Order 1731), § 16-86-015, filed 5/1/81
WSR 79-09-076 (Order 1642), § 16-86-015, filed 8/30/79
WSR 79-07-089 (Order 1634), § 16-86-015, filed 6/29/79
WSR 78-12-053 (Order 1588), § 16-86-015, filed 11/29/78
Order 1539, § 16-86-015, filed 10/17/77.

Wash. Admin. Code § 16-86-017 Grazing permits.

(1) Washington herd owners desiring to move cattle interstate for grazing purposes and return to Washington shall request a permit for such movement from the animal health program of the department. The state to which the animals are to be moved for grazing must approve the movement. A separate permit must be obtained from the animal health program for the return of such cattle.

(2) Grazing permits will be issued only for movements to states that are class free or A for brucellosis and that share common borders with the state of Washington.

(3) Cattle moving interstate on grazing permits are generally exempt from interstate health certificate and testing requirements unless required by the state veterinarian in either state due to changing disease conditions.

(4) Cattle moving interstate on grazing permits must meet the brand or animal identification requirements of each state before interstate movement.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 08-01-094, § 16-86-017, filed 12/17/07, effective 1/17/08. Statutory Authority: RCW 16.36.040. WSR 99-09-025, § 16-86-017, filed 4/15/99, effective 5/16/99
Order 1539, § 16-86-017, filed 10/17/77.

Wash. Admin. Code § 16-86-025 Official brucellosis vaccination.

(1) An official vaccination report of all brucellosis vaccinations must be made to the department within thirty days of vaccination by the accredited veterinarian who performed the vaccination. The vaccination report must be made on an approved report form (USDA form number VS 4-26) issued by the department for the purpose of individually identifying the cattle and recording official brucellosis vaccinations.

(a) All vaccinations must be performed by a licensed accredited veterinarian or federal or state employed veterinarian and are not official until they are reported to the department.

(b) Veterinarians must record all vaccinations in a ledger that records the owner of the animal, official individual identification numbers, and the date of vaccination. These records must be maintained for seven years.

(2) Official calfhood vaccinates must be:

(a) Vaccinated with 2cc subcutaneous RB-51 Brucella vaccine; and

(b) Permanently identified with official individual vaccination identification and calfhood vaccination tattoo.

(3) Official adult vaccinates must not be pregnant and must have prevaccination blood samples for brucellosis submitted on USDA form number VS4-33 to the office of the state veterinarian. An official adult vaccinate must be:

(a) Vaccinated with 2cc subcutaneous RB-51 Brucella vaccine;

(b) Permanently identified with individual official identification; and

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 12-21-009, § 16-86-025, filed 10/5/12, effective 11/5/12
WSR 08-01-094, amended and recodified as § 16-86-025, filed 12/17/07, effective 1/17/08. Statutory Authority: RCW 16.36.040. WSR 99-09-025, § 16-86-095, filed 4/15/99, effective 5/16/99. Statutory Authority: RCW 16.36.040 and 16.36.050. WSR 88-05-003 (Order 1964), § 16-86-095, filed 2/5/88. Statutory Authority: Chapter 16.36 RCW. WSR 84-08-037 (Order 1814), § 16-86-095, filed 3/30/84. Statutory Authority: Chapters 16.36 and 16.40 RCW. WSR 81-10-049 (Order 1732), § 16-86-095, filed 5/1/81, effective 7/1/81
WSR 79-09-076 (Order 1642), § 16-86-095, filed 8/30/79.

Wash. Admin. Code § 16-86-026 Brucellosis testing requirements for raw milk dairies.

(1) All cattle whose raw milk or raw milk products are offered for sale must be from a herd that has tested negative to a serological test for brucellosis within the previous twelve months.

(2) Any additions to the herd must be serologically tested negative at the owner's expense for brucellosis within thirty days before introduction into the herd.

(3) Herds must be serologically tested negative at the owner's expense annually to maintain the dairy's raw milk license.

(4) The state veterinarian shall direct all testing procedures in accordance with state and federal standards for animal disease eradication.

(5) All raw milk and raw milk products from animals that test positive for brucellosis are prohibited from sale and must be destroyed.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 08-01-094, § 16-86-026, filed 12/17/07, effective 1/17/08.

Wash. Admin. Code § 16-86-040 Brucellosis quarantine and release.

(1) Any herd of cattle or bison in which brucellosis reactors are found will be quarantined. Positive or reactor classification shall be based on standards listed in USDA Brucellosis Eradication Uniform Methods and Rules, effective October 1, 2003.

(2) The quarantine will be released when the entire quarantined herd has passed two consecutive negative blood tests without reactors.

(a) The first test must be not less than thirty days following removal of all reactors from the herd. The second test must not be less than ninety days nor more than one year following the date of the previous test.

(b) Steers, spayed heifers, officially vaccinated dairy cattle under twenty months of age, and officially vaccinated beef animals under twenty-four months of age need not be tested.

(c) Adult vaccination for cattle may be used as a whole herd vaccination under the terms of a herd plan and based on the standards listed in USDA Brucellosis Eradication Uniform Methods and Rules, effective October 1, 2003.

(3) Cattle or bison that test positive to the brucellosis test must not be sold or offered for sale except for immediate slaughter.

(4) Quarantined cattle and bison may only be moved when accompanied by an official USDA form number VS1-27.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 08-01-094, § 16-86-040, filed 12/17/07, effective 1/17/08. Statutory Authority: RCW 16.36.040. WSR 99-09-025, § 16-86-040, filed 4/15/99, effective 5/16/99. Statutory Authority: RCW 16.38.060. WSR 87-23-043 (Order 1958), § 16-86-040, filed 11/18/87
Order 1539, § 16-86-040, filed 10/17/77
Order 1171, § 16-86-040, filed 12/15/70
Order 855, Regulation 4, effective 7/19/61.

Wash. Admin. Code § 16-86-092 Indemnity for brucellosis affected or exposed cattle.

(1) As provided under RCW 16.36.090, the director may order the slaughter or destruction of any cattle affected with or exposed to brucellosis.

(2) Under RCW 16.36.096, subject to the availability of amounts appropriated for this specific purpose, owners, individuals, partnerships, corporations or other legal entities whose animals have been slaughtered or destroyed by order of the director may be eligible for indemnification in an amount not to exceed seventy-five percent of the appraised or salvage value of the animal ordered slaughtered or destroyed.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 08-01-094, § 16-86-092, filed 12/17/07, effective 1/17/08. Statutory Authority: RCW 16.36.040. WSR 99-09-025, § 16-86-092, filed 4/15/99, effective 5/16/99. Statutory Authority: RCW 16.36.096. WSR 86-08-055 (Order 1879), § 16-86-092, filed 3/28/86. Statutory Authority: Chapters 16.36 and 16.40 RCW. WSR 79-11-096 (Order 1660), § 16-86-092, filed 10/26/79.

Wash. Admin. Code § 16-86-114 Trichomoniasis testing at public livestock markets.

(1) Virgin bulls, as defined in WAC 16-86-005, that are presented at a public livestock market are exempt from trichomoniasis testing.

(2) All other bulls must be:

• Sampled for trichomoniasis prior to leaving the market and not be turned out with female cattle until confirmed negative test results are reported; or

• Castrated prior to leaving the market; or

• Sent to a category 2 restricted holding facility as defined in WAC 16-30-035; or

• Delivered directly to a USDA-inspected slaughter facility.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 16-01-132, § 16-86-114, filed 12/18/15, effective 1/18/16. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 12-21-009, § 16-86-114, filed 10/5/12, effective 11/5/12.

Wash. Admin. Code § 16-86-115 Trichomoniasis in Washington cattle.

(1) Any sexually intact bovine, except for bison, that is found test-positive for trichomoniasis, and any herd in which one or more bulls or cows are found test-positive for trichomoniasis, is considered infected. Test-positive means a positive result on a quantitative polymerase chain reaction (qPCR) test for trichomoniasis.

(2) In the case of infected sexually intact bovine, the herd shall be quarantined pending an epidemiological investigation to determine the source of the infection.

(3) All exposed herds will be identified by an accredited veterinarian in conjunction with the department. An exposed herd is defined as a cattle herd which has had, within the past twelve months, direct commingling or cross-fence contact with an infected herd during a time of potential breeding activity. The owner of exposed herds will be notified of the possible exposure and requested to test the herd using a qPCR test. All testing will be at the owner's expense.

(4)(a) Infected bulls will be quarantined and branded high on the tail head by the department with a USDA regulatory S-brand, and will not be used for breeding.

(b) Infected bulls must be slaughtered, sold for slaughter, or sent to a category 2 restricted holding facility to remain in slaughter channels. Infected bulls shall only be moved when accompanied by a USDA form VS 1-27.

(c) A nonpregnant female, with no calf at side, which is identified by the owner as being from an infected herd and is offered for sale at a livestock market, must remain in slaughter channels.

(5) The quarantine will be removed when all remaining bulls in the herd test negative to a second qPCR test for trichomoniasis and following proof of removal of infected bulls. Bulls must have a minimum of two negative qPCR tests at least one week apart for quarantine release. All bulls from infected herds, except virgin bulls, will be tested using a qPCR test the following trich-year before breeding. A trich-year means the period from September 1st to August 31st of any given year. Bulls from infected herds may not have to be tested the following trich-year if a herd plan has been approved by the state veterinarian.

(6) Information that cattle have tested positive for trichomoniasis may be supplied to county extension agents, accredited veterinarians, and industry representatives. Each month, the department may publish a press release of counties that have infected herds.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 16-01-132, § 16-86-115, filed 12/18/15, effective 1/18/16
WSR 15-02-028, § 16-86-115, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-20-093, § 16-86-115, filed 9/30/10, effective 10/31/10.

Wash. Admin. Code § 16-86-116 Duties of certified, accredited veterinarians—Training requirement for veterinarians performing trichomoniasis testing in cattle.

(1) Effective January 1, 2011, accredited veterinarians may not perform official trichomoniasis testing of bulls in Washington state until they are certified to do so by having successfully completed training and passed a proficiency examination provided by the department.

(2) All official trichomoniasis testing of bulls in Washington state shall be performed by a certified, accredited veterinarian.

(3) Information on training opportunities is available by contacting the department at:

Washington State Department of Agriculture

Animal Services Division

1111 Washington Street S.E.

P.O. Box 42577

Olympia, Washington 98504-2577

Email: ahealth@agr.wa.gov

Phone: 360-902-1878

(4) Certified veterinarians shall utilize only official laboratories recognized by the state veterinarian for testing trichomoniasis samples. Positive test results will be sent to the department by the next business day.

(5)(a) Quantitative polymerase chain reaction (qPCR) is the test method for official tests accepted by the department.

(b) An official test is one in which the sample is collected by a certified veterinarian and received in the official laboratory in good condition within forty-eight hours of collection. Samples in transit for more than forty-eight hours or have been frozen or exposed to high temperatures will not be accepted for official testing. All samples shipped to the laboratory must be in a transport medium approved by the testing laboratory. All sampling will be obtained by pipette scrapings from the prepuce and glans of a bull.

(6) Each sampled bull shall have a current-year Washington trichomoniasis tag and a USDA-approved official identification tag applied. If a bull already bears an official identification tag at the time of sampling, the individual identification number on that device shall be recorded. Both tag numbers should be recorded on the laboratory submission form so that testing and results can be verified by either number. Additional official individual identification must not be applied.

(7) A trichomoniasis testing year is defined as September 1st through August 31st.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 16-23-110, § 16-86-116, filed 11/18/16, effective 12/19/16
WSR 16-01-132, § 16-86-116, filed 12/18/15, effective 1/18/16. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-20-093, § 16-86-116, filed 9/30/10, effective 10/31/10.

Wash. Admin. Code § 16-86-120 Adoption of United States Department of Agriculture Bovine Tuberculosis Eradication Uniform Methods and Rules.

The Washington state department of agriculture adopts the Procedures and Methods of the USDA Bovine Tuberculosis Eradication Uniform Methods and Rules, effective January 1, 2005. The department maintains a copy of the Bovine Tuberculosis Eradication Uniform Methods and Rules for public inspection. You may also find the information on the internet at:

www.aphis.usda.gov/animal_health/animal_diseases/tuberculosis/downloads/tb-umr.pdf.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 08-01-094, § 16-86-120, filed 12/17/07, effective 1/17/08.

Wash. Admin. Code § 16-86-125 Duties of accredited veterinarians—Training requirement for veterinarians performing tuberculosis testing in cattle and bison.

(1) All testing of cattle or bison in Washington state for tuberculosis shall be performed by a veterinarian accredited by the United State Department of Agriculture, Animal and Plant Health Inspection Service (USDA APHIS). In addition, all accredited veterinarians testing cattle or bison in Washington state for tuberculosis are required to successfully complete training in tuberculosis testing procedures provided by USDA or the department. Accredited veterinarians who have not successfully completed the training by April 30, 2010, may not perform official tuberculosis testing of cattle or bison in Washington state. Training opportunities are available by contacting the department at:

Washington State Department of Agriculture

Animal Services Division

1111 Washington Street S.E.

P.O. Box 42577

Olympia, Washington 98504-2577

Email: ahealth@agr.wa.gov

Phone: 360-902-1878.

(2) The department may review the testing results and other records associated with tuberculosis testing of cattle or bison by accredited veterinarians in Washington state. In the event that the response rates reported by an accredited veterinarian do not meet the response rates standards established in Appendix C of the Bovine Tuberculosis Eradication Uniform Methods and Rules, effective January 1, 2005 (adopted in WAC 16-86-120), the director may require additional training or may refuse to accept the testing of cattle or bison for tuberculosis performed by that veterinarian.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 16-23-110, § 16-86-125, filed 11/18/16, effective 12/19/16. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 09-03-019, § 16-86-125, filed 1/9/09, effective 2/9/09.

Wash. Admin. Code § 16-86-130 Cattle used in rodeo or timed events.

All cattle used for rodeo or timed events must be accompanied by proof recorded on a tuberculosis test chart (USDA form number VS6-22) of a negative bovine tuberculosis test within twelve months of the event. Calves under six months old that were born and have continuously resided in the state of Washington and Washington origin timed event cattle that are not commingled with high-risk are excluded from this requirement.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 08-01-094, § 16-86-130, filed 12/17/07, effective 1/17/08.

Wash. Admin. Code § 16-86-140 Tuberculosis testing requirements for raw milk dairies.

(1) All cattle whose raw milk or raw milk products are offered for sale must be from a herd that has tested negative for tuberculosis within the previous twelve months.

(2) Any additions to the herd must be tested negative for tuberculosis at the owner's expense within sixty days before introduction into the herd.

(3) Herds must be tested negative annually at the owner's expense to maintain the dairy's raw milk license.

(4) The state veterinarian shall direct all testing procedures in accordance with state and federal standards for animal disease eradication.

(5) All raw milk and raw milk products from animals that test positive for tuberculosis are prohibited from sale and must be destroyed.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 15-02-028, § 16-86-140, filed 12/30/14, effective 1/30/15. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 08-01-094, § 16-86-140, filed 12/17/07, effective 1/17/08.

Wash. Admin. Code § 16-86-150 Tuberculosis quarantine and release.

(1) Any herd of cattle or bison in which tuberculosis reactors are found will be quarantined. The sale or removal of any animal out of a quarantined herd is prohibited except for removal for immediate slaughter.

Herds containing one or more suspects to the caudal fold tuberculosis test will be quarantined until the suspect animals are:

(a) Retested by the comparative-cervical tuberculosis test within ten days of the caudal fold injection; or

(b) Retested by the gamma interferon tuberculosis test and the tuberculosis status of the suspect has been determined; or

(c) Retested by the comparative-cervical tuberculosis test after sixty days and the tuberculosis status of the suspect has been determined; or

(d) Shipped under permit directly to slaughter in accordance with state and federal laws and regulations and the tuberculosis status of the suspect has been determined.

(3) Herds in which Mycobacterium bovis infection has been confirmed and the herd has not been depopulated will remain under quarantine and must pass two tuberculin tests at intervals of at least sixty days and one additional test after six months from the previous negative test. Following the release from quarantine, these herds will also be subject to five annual tests on the entire herd.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 16-23-110, § 16-86-150, filed 11/18/16, effective 12/19/16. Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 08-01-094, § 16-86-150, filed 12/17/07, effective 1/17/08.

Wash. Admin. Code § 16-86-160 Indemnity for tuberculosis affected or exposed cattle and bison.

(1) As provided under RCW 16.36.090, the director may order the slaughter or destruction of any cattle and bison affected with or exposed to tuberculosis.

(2) As provided for under RCW 16.36.096, subject to the availability of amounts appropriated for this specific purpose, owners, individuals, partnerships, corporations or other legal entities whose animals have been slaughtered or destroyed by order of the director may be eligible for indemnification in an amount not to exceed seventy-five percent of the appraised or salvage value of the animal ordered slaughtered or destroyed.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 08-01-094, § 16-86-160, filed 12/17/07, effective 1/17/08.

Chapter 16-89 Sheep and goat diseases in Washington state.

Wash. Admin. Code § 16-89-010 Definitions.

In addition to the definitions found in RCW 16.36.005, the following definitions apply to this chapter:

"APHIS" means the United States Department of Agriculture, Animal and Plant Health Inspection Service.

"Department" means the Washington state department of agriculture.

"Director" means the director of agriculture or the director's authorized representative.

"Flock" means a number of animals of sheep or goat species that are kept, fed and herded together, and have single or multiple ownership. The term "flock" is interchangeable with the term "herd" and applies to purebred and commercial sheep and goats.

"High risk animal" means any female genetically susceptible exposed animal. The female offspring of a scrapie-positive female animal or any female genetically less susceptible exposed animal that the designated scrapie epidemiologist (with the concurrence of the USDA area veterinarian in charge, state veterinarian, regional scrapie epidemiologist, and National Scrapie Program coordinator) determines to be a potential risk based on the epidemiology of the flock, including genetics of the positive sheep, the prevalence of scrapie in the flock, any history of recurrent infection, or other characteristics.

"Official individual identification" means an identification mark or device approved by USDA-APHIS for use in the scrapie eradication program. Examples include, but are not limited to, electronic devices, official ear tags, and legible official registry tattoos.

"Scrapie" means a transmissible spongiform encephalopathy that is a fatal, nonfebrile, transmissible, insidious, degenerative disease affecting the central nervous system of sheep and goats.

"Scrapie exposed animal" means any animal that has been in the same flock at the same time within the previous 60 months as a scrapie positive animal, excluding limited contacts, as identified in the Scrapie Eradication Uniform Methods and Rules, effective June 1, 2005.

"Scrapie Flock Certification Program" means a national voluntary program for classification of flocks relative to scrapie.

"USDA" means the United States Department of Agriculture.

History

Statutory Authority: RCW 16.36.040. WSR 23-11-044, § 16-89-010, filed 5/11/23, effective 6/11/23. Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 08-13-100, § 16-89-010, filed 6/18/08, effective 7/19/08. Statutory Authority: RCW 16.36.040. WSR 02-24-042, § 16-89-010, filed 12/3/02, effective 1/3/03
WSR 99-09-026, § 16-89-010, filed 4/15/99, effective 5/16/99.

Wash. Admin. Code § 16-89-013 Indemnification.

(1) As provided for under RCW 16.36.096, subject to the availability of amounts appropriated for this specific purpose, owners, individuals, partnerships, corporations or other legal entities whose animals have been slaughtered or destroyed by order of the director may be eligible for indemnification in an amount not to exceed seventy-five percent of the appraised or salvage value of the animal ordered slaughtered or destroyed.

(2) Indemnity payments will be paid only to an owner of sheep or goats that were born in the state of Washington or were imported into the state in compliance with existing Washington state statutes and rules. Payment of indemnity does not apply to animals belonging to the federal government or any of its agencies, this state or any of its agencies, or any municipal corporation. Indemnity may not be paid on animals eligible for federal indemnity payments.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 08-13-100, amended and recodified as § 16-89-013, filed 6/18/08, effective 7/19/08. Statutory Authority: RCW 16.36.040. WSR 02-24-042, § 16-89-100, filed 12/3/02, effective 1/3/03
WSR 99-09-026, § 16-89-100, filed 4/15/99, effective 5/16/99.

Wash. Admin. Code § 16-89-015 Scrapie program standards and identification of sheep and goats.

(1) In addition to the rules adopted in this chapter, the Washington state department of agriculture adopts the procedures and methods of Title 9, Code of Federal Regulations (C.F.R.), Part 54 Control of Scrapie as revised January 1, 2006, and Part 79.2 Scrapie in Sheep and Goats, Identification and Records Requirements for Sheep and Goats in Interstate Commerce, revised June 18, 2019. Copies of these documents are on file at the Washington Department of Agriculture, Animal Services Division, 1111 Washington Street, Olympia, Washington 98504 and are available for public inspection.

Except as exempted under the federal rules adopted in this section all sheep and goats that are placed into commerce must have official scrapie program identification.

(2) Title 9 C.F.R., Parts 54 and 79 may be found on the internet at https://www.ecfr.gov/current/title-9/chapter-I.

History

Statutory Authority: RCW 16.36.040. WSR 23-11-044, § 16-89-015, filed 5/11/23, effective 6/11/23. Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 08-13-100, § 16-89-015, filed 6/18/08, effective 7/19/08. Statutory Authority: RCW 16.36.040. WSR 02-24-042, § 16-89-015, filed 12/3/02, effective 1/3/03
WSR 99-09-026, § 16-89-015, filed 4/15/99, effective 5/16/99.

Wash. Admin. Code § 16-89-090 Destruction and disposal of scrapie infected animals or flocks.

(1) As provided for under RCW 16.36.090, the director may order the slaughter or destruction of animals or flocks determined by the director or representatives of USDA to be infected with scrapie.

(2) The disposal of condemned scrapie infected animals and flocks will be under the direction of the director and the means of disposal will be other than by offering for human or animal consumption.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 08-13-100, § 16-89-090, filed 6/18/08, effective 7/19/08. Statutory Authority: RCW 16.36.040. WSR 99-09-026, § 16-89-090, filed 4/15/99, effective 5/16/99.

Wash. Admin. Code § 16-89-120 Concealing the disease.

It is unlawful for any owner to fail to report or to attempt to conceal the existence of any transmittable spongiform encephalopathy such as the disease scrapie.

History

Statutory Authority: RCW 16.36.040. WSR 99-09-026, § 16-89-120, filed 4/15/99, effective 5/16/99.

Wash. Admin. Code § 16-89-150 Brucellosis testing for sheep and goat dairies.

(1) All sheep and goats whose raw milk or raw milk products are offered for sale must be from a flock or herd that is negative to a serological test for brucellosis within the previous 12 months. Any additions to the flock or herd must be tested negative for brucellosis within 30 days before introduction into the flock or herd.

(2) All raw milk and raw milk products from animals that test positive for brucellosis are prohibited from sale and must be destroyed.

(3) All sheep and goats whose raw milk or raw milk products are offered for sale must have official individual identification.

History

Statutory Authority: RCW 16.36.040. WSR 23-11-044, § 16-89-150, filed 5/11/23, effective 6/11/23. Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 08-13-100, § 16-89-150, filed 6/18/08, effective 7/19/08.

Wash. Admin. Code § 16-89-160 Brucellosis quarantine and release.

(1) Any herd of goats in which brucellosis reactors are found will be quarantined. Positive or reactor classification shall be based on standards listed in USDA Brucellosis Eradication Uniform Methods and Rules, effective October 1, 2003. The department maintains a copy of this document for public inspection. You may also find the information on the internet at: www.aphis.usda.gov/animal_health/animal_diseases/brucellosis/downloads/umr_bovine_bruc.pdf.

(2) The quarantine will be released when the entire quarantined herd has passed two consecutive negative blood tests without reactors. The first test must be not less than thirty days following removal of all reactors from the herd. The second test must not be less than ninety days nor more than one year following the date of the previous test.

(3) Goats that test positive to the brucellosis test must not be sold or offered for sale except for immediate slaughter.

(4) Quarantined goats may only be moved when accompanied by an official USDA form number VS1-27.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 08-13-100, § 16-89-160, filed 6/18/08, effective 7/19/08.

Wash. Admin. Code § 16-89-180 Tuberculosis testing for goat dairies.

(1) All goats whose raw milk or raw milk products are offered for sale must be from a herd that has tested negative for tuberculosis within the previous 12 months. Any additions to the herd must be tested negative for tuberculosis within 60 days before introduction into the herd.

(2) All raw milk and raw milk products from animals that test positive for tuberculosis are prohibited from sale and must be destroyed.

(3) All goats whose raw milk or raw milk products are offered for sale must have official individual identification.

History

Statutory Authority: RCW 16.36.040. WSR 23-11-044, § 16-89-180, filed 5/11/23, effective 6/11/23. Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 08-13-100, § 16-89-180, filed 6/18/08, effective 7/19/08.

Wash. Admin. Code § 16-89-190 Tuberculosis quarantine and release.

(1) Any herd of goats in which tuberculosis reactors are found will be quarantined. The sale or removal of any animal out of a quarantined herd is prohibited except for removal for immediate slaughter.

(2) Herds in which no gross lesions reactors occur and in which no evidence of Mycobacterium bovis infection has been disclosed may be released from quarantine after a sixty-day negative caudal fold tuberculosis retest of the entire herd. Herds containing one or more suspects to the caudal fold tuberculosis test will be quarantined until the suspect animals are:

(a) Retested by the comparative-cervical tuberculosis test within ten days of the caudal fold injection; or

(b) Retested by the comparative-cervical tuberculosis test after sixty days and the tuberculosis status of the suspect has been determined; or

(c) Shipped under permit directly to slaughter in accordance with state or federal laws and regulations and the tuberculosis status of the suspect has been determined.

History

Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. WSR 08-13-100, § 16-89-190, filed 6/18/08, effective 7/19/08.

Chapter 16-90 Penalty schedule.

Wash. Admin. Code § 16-90-005 Purpose.

The purpose of this chapter is to provide for fair and uniform determination of penalties issued under RCW 16.36.113 and to provide for fair and uniform actions taken in relation to permits or licenses issued by the department as a result of violations of chapter 16.36 RCW and the rules adopted under that statute.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 09-03-020, § 16-90-005, filed 1/9/09, effective 2/9/09.

Wash. Admin. Code § 16-90-010 Penalty outline.

(1) In accordance with RCW 16.36.113, any person who violates chapter 16.36 RCW or the rules adopted under that statute may be subject to a civil penalty in an amount of not more than one thousand dollars for each violation.

(2) Each violation is a separate and distinct offense. Penalties may be assessed per violation or per head when pertaining to animals, depending on the unique circumstances of the violation(s). Every person who, through an act of commission or omission, procures, aids, or abets in the violation is in violation and may be subject to a civil penalty. When a person has committed multiple violations, the violations are cumulative for purposes of calculating the appropriate penalty. Penalties will be added together.

(3) Moneys collected from civil penalty payments will be deposited in the state general fund.

(4) Nothing in this chapter shall prevent the department from:

(a) Choosing not to pursue a civil penalty, permit or license denial, suspension, or revocation;

(b) Issuing a notice of correction in lieu of pursuing a civil penalty, permit or license denial, suspension, or revocation;

(5) A prior violation covered by a settlement agreement may be used by the department for the purpose of determining the appropriate penalty for future violations, if not prohibited by the agreement.

(6) A violation committed during a period when an individual's permit or license is suspended or revoked may be subject to the maximum civil penalty of one thousand dollars or revocation of the permit or license for a period of up to five years. A violation committed by an unlicensed or unpermitted person is subject to the provisions of this chapter.

(7) The department may also choose to refer a violation to any federal, state or county authority with jurisdiction over the activities in question.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 09-03-020, § 16-90-010, filed 1/9/09, effective 2/9/09.

Wash. Admin. Code § 16-90-015 Revoking, suspending, or denying a permit or license.

(1) The department retains the sole discretion to determine when a permit or license should be revoked or suspended. In circumstances where the department determines revocation to be appropriate, the period of revocation shall be determined at the discretion of the department, but in no instance shall the revocation exceed five years.

(2) The department may deny an applicant a permit or license when the applicant has committed a violation of chapter 16.36 RCW or the rules adopted under the chapter. In circumstances where the department determines denial to be appropriate, the period of denial shall not exceed five years.

(3) Nothing shall prevent the department from denying an applicant a permit or license when the applicant has an outstanding civil penalty owed to the department from a previous violation of any statute or rule under the jurisdiction of the department.

(4) The department may, at its discretion, suspend a permit or license without also seeking a civil penalty. Such circumstances include, but are not limited to, those incidents where a civil penalty is not available as an appropriate penalty pursuant to RCW 43.05.110.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 09-03-020, § 16-90-015, filed 1/9/09, effective 2/9/09.

Wash. Admin. Code § 16-90-020 Issuance of a civil penalty without first issuing a notice of correction.

(2) The department may assess a civil penalty without first issuing a notice of correction in accordance with RCW 43.05.110.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 09-03-020, § 16-90-020, filed 1/9/09, effective 2/9/09.

Wash. Admin. Code § 16-90-030 Penalty schedule.

(1) The following penalty schedule will be used for violations of Washington state animal health laws and rules, including chapter 16.36 RCW and the rules adopted under that statute. The level of civil penalty is determined by the number of prior civil penalties the person has received in the past ten years excluding notices of correction.

| Violation | Procedural Violations | Disease Violations | | | | --- | --- | --- | --- | --- | | First | $150.00 | | $250.00 | | | Second | $350.00 | | $650.00 | | | Third and subsequent | $1,000.00 | | $1,000.00 | |

(2) Procedural violations: A "procedural violation" is a violation of the administrative functions associated with state import regulations where the violation did not cause a threat to Washington state's livestock industry. Procedural violations include but are not limited to violations of the following statutes and rules:

WAC 16-54-030 Certificate of veterinary inspection, and entry permit requirements.

WAC 16-54-032 Certificate of veterinary inspection—Required information.

WAC 16-54-068 Restrictions.

WAC 16-54-082 Domestic bovine animals—Importation requirements.

WAC 16-54-088 Temporary grazing permits.

WAC 16-54-105 Llamas and alpacas.

WAC 16-54-160 Birds other than poultry—Importation and testing requirements.

WAC 16-54-180 Wild and exotic animals and birds—Importation and testing requirements.

Chapter 16-74 WAC Livestock testing—Duties of owners.

WAC 16-80-045 Identification of swine.

WAC 16-86-017 Grazing permits.

(3) Disease violations: A "disease violation" is a violation of animal health statute and rules that cause a threat to Washington state's livestock industry and include the failure to obtain required testing and vaccinations prior to entry into Washington state. Disease violations include, but are not limited to, violations of the following statutes and rules:

RCW 16.36.105 Swine, garbage feeding, license—Application—Fee—Inspection.

Chapter 16-25 WAC Disposal of dead livestock.

Chapter 16-42 WAC Biological products.

WAC 16-54-025 Transporting livestock—Sanitary requirements.

WAC 16-54-028 Testing procedure requirements.

WAC 16-54-065 Prohibited entries.

WAC 16-54-068(4) - proof of current rabies vaccination.

WAC 16-54-071 Domestic equine and equine reproductive products—Importation requirements.

WAC 16-54-083 Domestic and foreign bovine brucellosis requirements.

WAC 16-54-085 Domestic bovine tuberculosis requirements.

WAC 16-54-086 Bovine trichomoniasis requirements.

WAC 16-54-090 Goats—Importation and testing requirements.

WAC 16-54-101 Sheep—Importation and testing requirements.

WAC 16-54-111 Swine—Importation and testing requirements.

WAC 16-54-145 Poultry and game birds, including ratites—Importation and testing requirements.

Chapter 16-59 WAC Avian diseases in Washington state.

Chapter 16-70 WAC Animal disease—Reporting.

Chapter 16-71 WAC Equine infectious anemia.

WAC 16-80-025 Disinfecting premises.

WAC 16-80-030 Disinfecting vehicles.

WAC 16-86-015 Change of ownership requirements for cattle and bison in Washington.

WAC 16-86-026 Brucellosis testing requirements for raw milk dairies.

WAC 16-86-110 Q fever testing requirements for raw milk dairies.

WAC 16-86-130 Cattle used in rodeo or timed events.

WAC 16-86-140 Tuberculosis testing requirements for raw milk dairies.

WAC 16-89-022 Scrapie identification of sheep and goats.

WAC 16-89-090 Destruction and disposal of scrapie infected animals or flocks.

WAC 16-89-120 Concealing the disease.

WAC 16-89-150 Brucellosis testing for sheep and goat dairies.

WAC 16-89-170 Q fever testing requirements for sheep and goat dairies.

WAC 16-89-180 Tuberculosis testing for goat dairies.

(4) A one thousand dollar civil penalty will be issued regardless of the number of prior violations for a violation of the following:

(a) Chapter 16-30 WAC Restricted feedlots and restricted holding facilities;

(b) WAC 16-54-071 (13) and (14) - Piroplasmosis;

(d) WAC 16-54-180 Wild and exotic animals and birds—Importation and testing requirements;

(e) WAC 16-80-015 Sale of quarantined animals;

(f) WAC 16-80-040 Vaccination;

(g) WAC 16-80-047 Mandatory reporting of suspected pseudorabies;

(h) Importation of a foreign animal disease or "transboundary" diseased animal. A transboundary animal disease is a disease that has been eradicated within the borders of the United States that would cause an economic loss if detected; and

(i) All quarantine and hold order violations under chapter 16.36 RCW. The department may assess a civil penalty for these violations without first issuing a notice of correction in accordance with RCW 43.05.110.

(5) Mitigating factors: The department reserves the right to decrease the civil penalty assessed for a violation by up to one hundred dollars in circumstances that include, but are not limited to, voluntary disclosure of a violation, or voluntary taking of remedial measures that would result in increased public protection and a decreased likelihood that the violation will be repeated.

(6) Aggravating factors: The department reserves the right to increase the civil penalty assessed for a violation by up to five hundred dollars, not to exceed one thousand dollars per violation. Circumstances may include, but are not limited to, situations where the violator knowingly commits a violation, where the civil penalty assessed is not substantially equivalent to the violator's economic benefit derived from the violation, the high magnitude of the harm, or potential harm to humans, animals, or property caused by the violation, the similarity of the current alleged violation to previous violations committed within the past ten years, or the extent to which the alleged violation is part of a pattern of the same or substantially similar conduct.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 09-03-020, § 16-90-030, filed 1/9/09, effective 2/9/09.

Chapter 16-91 Requested animal services and holding facilities—Fees.

Wash. Admin. Code § 16-91-005 Purpose of rule.

The purpose of this rule is to establish a schedule as authorized in RCW 16.36.023 for fees charged to animal owners or other authorized persons when requesting:

(1) The establishment and inspection of restricted holding facilities (also known as animal holding facilities) authorized under this chapter and chapter 16-30 WAC;

(2) The inspection and monitoring of animals in authorized restricted holding facilities; and

(3) Special inspections of animals or animal facilities that the director may provide.

As provided by RCW 16.36.023, the fees in this chapter, as closely as practicable, cover the cost of the service provided.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 09-03-022 and 09-03-023, § 16-91-005, filed 1/9/09, effective 2/9/09.

Wash. Admin. Code § 16-91-010 Services provided under this chapter.

The following services may be provided under this chapter:

(1) Inspections related to establishment and monitoring of restricted holding facilities under chapter 16-30 WAC.

An inspection of the property is required upon application for license to establish a restricted holding facility and with annual renewal of that license. The inspection may include, but is not limited to, the evaluation of compliance capabilities with isolation requirements, biosecurity protocols, sanitation practices, recordkeeping, and overall health of animals in quarantine.

(2) Inspections related to the monitoring of animals held in a licensed restricted holding facility. Inspections may include, but are not limited to, follow-up activities or investigations related to confirmatory disease testing, mortality review, recordkeeping compliance (hold order, test chart submission, etc.), and overall health of the animals.

(3) Special inspections of animals or animal facilities at the request of the animal owner or authorized persons. Special inspections may include, but are not limited to, visual inspections of biosecurity and sanitation conditions, rodent control, and overall animal health. Time may also be spent safely handling and sampling animals for disease testing.

(4) Other special inspections may be provided upon request and at the discretion of the director.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 09-03-022 and 09-03-023, § 16-91-010, filed 1/9/09, effective 2/9/09.

Wash. Admin. Code § 16-91-020 Restricted holding facility license.

(1) An initial application fee of two hundred dollars is established for licensure of a restricted holding facility. The fee for the initial inspection is at the rates set in WAC 16-91-040. There is a renewal fee of one hundred dollars for the license and the applicable fee for the annual inspection of the facility. To implement the rule, the first expiration date of the license will be June 30, 2010, and June 30 every year after.

(2) Information about the application process and the standards for issuing a license to a restricted holding facility are found in chapter 16-30 WAC.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 09-03-022 and 09-03-023, § 16-91-020, filed 1/9/09, effective 2/9/09.

Wash. Admin. Code § 16-91-030 Requesting services from the department.

Inspections for services under this chapter are provided at the discretion of the department based on availability of staff and priorities. The department is not obligated to provide an inspection in response to a request. An applicant must place a service request in order to ensure staffing.

(1) Service requests must be received by the state veterinarian's office two business days prior to the date of the requested service.

(a) The notification requirement allows the department to secure adequate staffing to supply the requested service and to accommodate leave or adjust staffing for anticipated workloads.

(b) The notification requirement applies even if there is permanent staffing at the location.

(2) Service requests beyond the office's usual scope or volume will be provided only if adequate numbers of qualified employees are available.

(3) The department reserves the right to determine the number of personnel necessary to provide the requested service.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 09-03-022 and 09-03-023, § 16-91-030, filed 1/9/09, effective 2/9/09.

Wash. Admin. Code § 16-91-040 Fee schedule for inspection services provided.

(1) Requested services during normal business hours are provided at the hourly rate per inspector of eighty-five dollars per hour. In addition, the current mileage and per diem rates as established by the Washington state office of financial management (OFM) will be charged for travel.

(2) The hourly charge is assessed in one-half hour increments. The charges are incurred starting when staff leave their official work station and ending on return to their official work station.

(3) The hourly rate will be one hundred dollars for services provided during nonbusiness hours. Nonbusiness hourly rates apply for services provided before 8:00 a.m. or after 5:00 p.m. during the weekday and for services provided on Saturday, Sunday, or recognized state government holidays listed in RCW 1.16.050.

(4) Persons requesting service with less than two business days notice may be subject to a charge of two additional hours at the applicable hourly rate.

(5) If staff must provide service at multiple locations, the final billings will be prorated accordingly.

(6) The department will recoup at cost, from the person requesting the service, expenses for unforeseen items necessary to complete the inspection service.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 09-03-022 and 09-03-023, § 16-91-040, filed 1/9/09, effective 2/9/09.

Wash. Admin. Code § 16-91-050 Testing fees.

The cost of any testing of animals is a separate expense that is the responsibility of the animal owner and is not included in the charge for services under this chapter.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 09-03-022 and 09-03-023, § 16-91-050, filed 1/9/09, effective 2/9/09.

Wash. Admin. Code § 16-91-060 Billing and payment process.

(1) The department will bill the parties requesting services for services rendered.

(2) The fees are due and payable upon billing.

(3) A late fee of one percent per month on the unpaid balance will be assessed against persons more than thirty days in arrears.

(4) In addition to other penalties, the director may refuse to perform any inspection or services provided under this chapter for any person in arrears unless the person makes payment in full prior to such inspection or certification service.

(5) Accounts that become ninety or more days in arrears twice within a five-year period may be subject to a permanent requirement for payment in full at the time service is provided.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 09-03-022 and 09-03-023, § 16-91-060, filed 1/9/09, effective 2/9/09.

Chapter 16-92 Notices of infractions—Penalty schedule.

Wash. Admin. Code § 16-92-005 Purpose.

The purpose of this chapter is to provide for fair and uniform determination of penalties for civil infractions issued under RCW 16.36.116.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-07-025, § 16-92-005, filed 3/8/10, effective 4/8/10.

Wash. Admin. Code § 16-92-020 Penalty schedule for notices of infraction.

(1) If any person is in violation of RCW 16.36.116, the director may issue that person a notice of infraction and may assess a penalty.

(2) The following infractions have the base penalty listed, not including statutory assessments.

Civil Infraction Schedule

for Violations of Chapter 16.36 RCW

| Violation | Base Penalty | | --- | --- | | RCW 16.36.116 WAC 16-54-030 | Transporting imported livestock on the public roads of this state without a valid health certificate or permit as required under chapters 16.36 RCW and 16-54 WAC, Animal importation. | | First offense | $100.00 | | 2nd offense within three years | $150.00 | | 3rd offense within three years | $250.00 | | | | | RCW 16.36.116 | Transporting or accepting delivery of live nonambulatory livestock to, from, or between any livestock market, feedlot, slaughtering facility, or similar facility that trades in livestock.* | | First offense | $250.00 | | 2nd offense within three years | $500.00 | | 3rd offense within three years | $1,000.00 |

| * | The transport or acceptance of each nonambulatory livestock animal is considered a separate and distinct violation. | | --- | --- |

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-07-025, § 16-92-020, filed 3/8/10, effective 4/8/10.

Chapter 16-101 Washington state milk and milk products standards.

Wash. Admin. Code § 16-101-701 Standards for the production of milk and milk products.

(1) With the exception of the portions identified in subsection (2) of this section, the department adopts the Grade "A" Pasteurized Milk Ordinance, 2023 Revision, United States Public Health Service/Food and Drug Administration, as additional Washington state standards for the production of milk and milk products including Grade A condensed and dry milk products and condensed and dry whey products under chapter 15.36 RCW.

(2) The department does not adopt the following portions of the Grade "A" Pasteurized Milk Ordinance, 2023 Revision:

(a) Grade "A" Pasteurized Milk Ordinance - 2023 Revision.

| PMO Page No. | | Excepted Portion | | --- | --- | --- | | Page 16 | • | Section 3, Permits, paragraph 5, which begins with "The regulatory agency shall suspend…" | | | • | Section 3, Permits, paragraph 6, which begins with "Upon notification…" | | Pages 28 | • | Section 6, The Examination of Milk and/or Milk Products, paragraph 11, which begins with "Whenever two (2) of the last four (4) consecutive…" | | Page 33 | | Section of Table 1 entitled "GRADE "A" RAW MILK AND MILK PRODUCTS FOR PASTEURIZATION, ULTRA-PASTEURIZATION, ASEPTIC PROCESSING AND PACKAGING, OR RETORT PROCESSED AFTER PACKAGING OR FERMENTED HIGH-ACID, SHELF-STABLE PROCESSING AND PACKAGING" | | | • | Under Temperature: "Cooled to 10°C (50°F) or less within four (4) hours after starting the milking operation. The milk shall then be cooled within two (2) more hours to 7°C (45°F) or less. Provided, that the blend temperature after the first milking and subsequent milkings does not exceed 10°C (50°F)." | | | | Note: Milk sample submitted for testing cooled and maintained at 0°C (32°F) to 4.5°C (40°F), where sample temperature is ˃ 4.5°C (40°F) but ≤7.0°C (45°F) and less than three (3) hours after collection has not increased in temperature; | | | • | Under Bacterial Limits: Only the sentence… "Individual producer milk not to exceed 100,000 per mL prior to commingling with other producer milk." | | Pages 33 | | Under Somatic Cell Count: "individual producer milk not to exceed 750,000 per mL… *Goat milk 1,500,000 mL." |

(b) Standards for Grade "A" Raw Milk for Pasteurization, Ultra-pasteurization, Aseptic Processing and Packaging or Retort Processed After Packaging or Fermented High-Acid, Shelf-Stable Processing and Packaging.

| PMO Page No. | Excepted Portion | | --- | --- | | Page 58-59 | Item 18r. "Raw Milk Cooling" paragraph 1, which begins with "Raw milk for pasteurization, ultra-pasteurization, aseptic processing and packaging or retort processed after packaging or fermented high-acid, shelf-stable processing and packaging shall be cooled…" | | Page 59 | I. "Administrative Procedures", item 1 only |

(c) Standards for Grade "A" Pasteurized, Ultra-pasteurized, Aseptically Processed and Packaged Low-Acid Milk and/or Milk Products, and Retort Processed after Packaged Low-Acid Milk and/or Milk Products.

| PMO Page No. | Excepted Portion | | --- | --- | | Page 119 | Item 18p. "Bottling, Packaging and Container Filling", under Public Health Reason, first sentence only which begins with "Manual bottling, packaging, and container filling…" | | Page 119 | Item 18p. "Administrative Procedures", item number 2 only. | | Page 121 | Item 19p. "Capping, container closure and sealing and Dry Milk Product Storage", Administrative Procedures, item number 1 only. | | Page 134 | Sections 15 (Enforcement), 16 (Penalty), and 17 (Repeal and Date of Effect) |

(d) Appendix E: Examples of 3-out-of-5 Compliance Enforcement Procedures.

| PMO Page No. | Excepted Portion | | --- | --- | | Pages 210-211 | All of Appendix E |

(3) The department does adopt the following somatic cell count standards to be: Individual producer bovine cow milk not to exceed 400,000 per mL; and goat, sheep, and all other species milk not to exceed 1,000,000 per mL.

History

Statutory Authority: RCW 15.36.021 and chapter 34.05 RCW. WSR 25-23-037, s 16-101-701, filed 11/13/25, effective 12/14/25
WSR 19-09-008, § 16-101-701, filed 4/5/19, effective 5/6/19
WSR 13-03-046, § 16-101-701, filed 1/10/13, effective 2/10/13. Statutory Authority: RCW 15.36.21 [ 15.36.021] and chapter 15.36 RCW. WSR 08-24-073, § 16-101-701, filed 12/1/08, effective 1/1/09.

Wash. Admin. Code § 16-101-716 Procedures for certification of interstate milk shippers.

The department adopts the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments 2023 Revision as Washington state procedures for the certification of interstate milk shippers.

History

Statutory Authority: RCW 15.36.021 and chapter 34.05 RCW. WSR 25-23-037, s 16-101-716, filed 11/13/25, effective 12/14/25
WSR 19-09-008, § 16-101-716, filed 4/5/19, effective 5/6/19
WSR 13-03-046, § 16-101-716, filed 1/10/13, effective 2/10/13. Statutory Authority: RCW 15.36.21 [ 15.36.021] and chapter 15.36 RCW. WSR 08-24-073, § 16-101-716, filed 12/1/08, effective 1/1/09. Statutory Authority: RCW 15.36.021(3). WSR 00-21-012, § 16-101-716, filed 10/6/00, effective 11/6/00
WSR 96-22-059, § 16-101-716, filed 11/4/96, effective 12/5/96.

Wash. Admin. Code § 16-101-721 Methods for making sanitation ratings of milk shippers.

The department adopts the Methods of Making Sanitation Ratings of Milk Shippers and the Certifications/Listings of Single-Service Containers and/or Closures for Milk and/or Milk Products Manufacturers 2023 Revision, United States Health and Human Services Public Health Service/Food and Drug Administration as Washington state methods for ratings of interstate milk shippers.

History

Statutory Authority: RCW 15.36.021 and chapter 34.05 RCW. WSR 25-23-037, s 16-101-721, filed 11/13/25, effective 12/14/25
WSR 19-09-008, § 16-101-721, filed 4/5/19, effective 5/6/19
WSR 13-03-046, § 16-101-721, filed 1/10/13, effective 2/10/13. Statutory Authority: RCW 15.36.21 [ 15.36.021] and chapter 15.36 RCW. WSR 08-24-073, § 16-101-721, filed 12/1/08, effective 1/1/09. Statutory Authority: RCW 15.36.021(3). WSR 00-21-012, § 16-101-721, filed 10/6/00, effective 11/6/00
WSR 96-22-059, § 16-101-721, filed 11/4/96, effective 12/5/96.

Wash. Admin. Code § 16-101-726 Standard for the accrediting of milk laboratories.

The department adopts the Evaluation of Milk Laboratories 2023 Revision United States Health and Human Services Public Health Service/Food and Drug Administration as the Washington state standard for accrediting milk laboratories and certified industry supervisors who request certification and approval for uniform collection and testing required for compliance with the Grade "A" Pasteurized Milk Ordinance.

History

Statutory Authority: RCW 15.36.021 and chapter 34.05 RCW. WSR 25-23-037, s 16-101-726, filed 11/13/25, effective 12/14/25
WSR 19-09-008, § 16-101-726, filed 4/5/19, effective 5/6/19
WSR 13-03-046, § 16-101-726, filed 1/10/13, effective 2/10/13. Statutory Authority: RCW 15.36.21 [ 15.36.021] and chapter 15.36 RCW. WSR 08-24-073, § 16-101-726, filed 12/1/08, effective 1/1/09. Statutory Authority: RCW 15.36.021(3). WSR 96-22-059, § 16-101-726, filed 11/4/96, effective 12/5/96.

Wash. Admin. Code § 16-101-731 Availability of the publications adopted by the department in this chapter.

(1) The Grade "A" Pasteurized Milk Ordinance, 2023 Revision, United States Public Health Service/Food and Drug Administration, the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments, 2023 Revision, the Methods of Making Sanitation Ratings of Milk Shippers, and the Certifications/Listings of Single-Service Containers and/or Closures for Milk and/or Milk Products Manufacturers 2023 Revision, United States Department of Health and Human Services Public Health Services/Food and Drug Administration, and the Evaluation of Milk Laboratories, 2023 Revision, United States Department of Health and Human Services Public Health Service/Food and Drug Administration can be obtained at https://www.fda.gov/food/milk-guidance-documents-regulatory-information/national-conference-interstate-milk-shipments-ncims-model-documents.

(2) For information regarding the contents and application of these publications, contact the Food Safety and Consumer Services Division at the Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560 or foodsafety@agr.wa.gov.

History

Statutory Authority: RCW 15.36.021 and chapter 34.05 RCW. WSR 25-23-037, s 16-101-731, filed 11/13/25, effective 12/14/25
WSR 19-09-008, § 16-101-731, filed 4/5/19, effective 5/6/19
WSR 13-03-046, § 16-101-731, filed 1/10/13, effective 2/10/13. Statutory Authority: RCW 15.36.21 [ 15.36.021] and chapter 15.36 RCW. WSR 08-24-073, § 16-101-731, filed 12/1/08, effective 1/1/09.

Wash. Admin. Code § 16-101-800 Raw milk warning labels.

(1) This rule is promulgated under authority of RCW 15.36.021(1) and 15.130.120 and applies to containers of raw milk intended for sale to consumers in the state of Washington.

(2) The purpose is to inform consumers about possible harm that may occur from consuming raw milk that contains harmful microorganisms and to warn purchasers about known hazards associated with the consumption of raw milk so that they may make informed choices about buying these products.

(3) A raw milk container must bear the following labeling: WARNING: This product has not been pasteurized and may contain harmful bacteria. Pregnant women, children, the elderly and persons with lowered resistance to disease have the highest risk of harm from use of this product.

(4) The raw milk warning labels must meet the following requirements:

(a) The warning label type size must be consistent with the type size of other required labeling, but not less than one-sixteenth inch in height.

(b) The warning label must be conspicuous and in contrasting color from other labeling.

(d) The warning label must be clearly readable.

History

Statutory Authority: RCW 15.36.021 and chapter 34.05 RCW. WSR 19-09-008, § 16-101-800, filed 4/5/19, effective 5/6/19. Statutory Authority: RCW 15.36.021(1) and 69.04.398(3). WSR 97-19-045, § 16-101-800, filed 9/11/97, effective 10/12/97.

Chapter 16-101X Degrades, license suspensions and revocations for dairy producers and processors.

Wash. Admin. Code § 16-101X-010 Under what circumstances will the director degrade a dairy farm operation or a milk processing plant operation?

(1) The director shall call for a degrade of a dairy farm operation of a producer or a Grade A milk processing plant operation for one or more repeat violations of chapter 15.36 RCW, or rules adopted thereunder, which are noted on consecutive inspections as provided in RCW 15.36.111.

(2) For purposes of this chapter, "degrade" means the lowering in grade from Grade A to Grade C.

History

Statutory Authority: RCW 15.36.021. WSR 96-24-058 (Order 6006), § 16-101X-010, filed 11/27/96, effective 12/28/96.

Wash. Admin. Code § 16-101X-020 How is the length of a degrade of a producer or a milk processing plant determined?

The length of a degrade of a dairy farm operation or a grade A milk processing plant operation shall be based on the total number of debit points awarded to repeat violations as provided in WAC 16-101X-030 or until the director determines the violations that caused the degrade are corrected, which ever is longer. The schedule for determining a degrade period is as follows.

| total debit points | degrade period | | | --- | --- | --- | | 1-10 | 2 Days | | | 11-15 | 4 Days | | | 16-20 | 6 Days | | | 21-30 | 8 Days | | | 31-40 | 10 Days | | | 41-50 | 12 Days | | | | 51 or more | 14 Days |

History

Statutory Authority: RCW 15.36.021. WSR 96-24-058 (Order 6006), § 16-101X-020, filed 11/27/96, effective 12/28/96.

Wash. Admin. Code § 16-101X-030 How is the debit point value of each violation determined?

(1) The debit point for each violation, as shown in the table below, is the same as the debit points awarded to dairy farms or milk processing plants during state surveys and federal check ratings as determined in the 1995 "Methods of Making Sanitation Ratings of Milk Supplies" published by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration.

(2) A copy of the 1995 "Methods of Making Sanitation Ratings of Milk Supplies" may be obtained by request from the Washington State Department of Agriculture Food Safety Program, P.O. Box 42560, Olympia, Washington 98504-2560 ( 360-902-1875).

(3) dairy farm sanitation violation debit point values

| item no | description | debit point value | | --- | --- | --- | | | abnormal milk | | | 1a | Cows secreting abnormal milk milked last or in separate equipment | 5 | | 1b | Abnormal milk property handled and disposed of | 5 | | 1c | Proper care of abnormal milk handling equipment | 5 | | | milking parlor | | | 2a | Floors, gutters and fee troughs of concrete or of equally impervious materials; in good repair | 1 | | 2b | Walls and ceilings smooth, painted or finished adequately; in good repair; ceiling dust tight | 1 | | 2c | Separate stalls or pens for horses, calves and bulls | 1 | | 2d | Adequate natural and/or artificial light; well distributed | 1 | | 2e | Properly ventilated; | 1 | | 3a | Clean and free of litter | 3 | | 3b | No swine or fowl | 3 | | 4a | Cowyard graded to drain; no pooled water or wastes | 3 | | 4b | Cowyard clean; cattle housing areas and manure packs properly maintained | 3 | | 4c | No swine | 3 | | 4d | Manure stored inaccessible to cows | 3 | | | milkhouse | | | | Floors | | | 5a | Smooth; concrete or other impervious material; in good repair | 1 | | 5b | Graded to drain | 1 | | 5c | Drains trapped, if connected to sanitary system | 1 | | | Walls and Ceilings | | | 5a | Approved material and finish | 1 | | 5b | Good repair (windows, doors and hoseport included) | 1 | | | Lighting and Ventilation | | | 5a | Adequate natural and/or artificial light; properly distributed | 2 | | 5b | Adequate ventilation | 2 | | 5c | Doors and windows closed during dusty weather | 2 | | 5d | Vents and lighting fixtures properly installed | 2 | | | Miscellaneous Requirements | | | 5a | Used for milkhouse operations only; sufficient size | 2 | | 5b | No direct opening into living quarters or barn; except as permitted by Ordinance | 2 | | 5c | Liquid wastes properly disposed of | 2 | | 5d | Proper hoseport where required | 2 | | 5e | Acceptable surface under hoseport | 2 | | 5f | Suitable shelter for transport truck as required by this Ordinance | 2 | | | Cleaning Facilities | | | 5a | Two-compartment wash and rinse vat of adequate size | 2 | | 5b | Suitable water heating facilities | 2 | | 5c | Water under pressure piped to milkhouse | 2 | | | Cleanliness | | | 6a | Floors, walls, windows, tables and similar nonproduct surfaces clean | 4 | | 6b | No trash, unnecessary articles, animals or fowl | 4 | | | Toilet | | | 7a | Provided; conveniently located | 4 | | 7b | Constructed and operated according to Ordinance | 4 | | 7c | No evidence of human wastes about premises | 4 | | 7d | Toilet room in compliance with Ordinance | 4 | | | Water Supply | | | 8a | Constructed and operated according to Ordinance | 2 or 5 | | 8b | Complies with bacteriological standards | 5 | | 8c | No connection between safe and unsafe supplies; no improper submerged inlets | 5 | | | utensils and equipment | | | 9a | Smooth, impervious, nonabsorbent, safe materials; easily cleanable; | 4 | | 9b | In good repair; accessible for inspection; | 4 | | 9c | Approved single service articles; not reused | 4 | | 9d | Of proper design | 4 | | 9e | Approved CIP milk pipeline system | 4 | | 10a | Utensils and equipment clean | 5 | | 11a | All multiuse containers and equipment subjected to approved sanitization process | 5 | | 12a | All multiuse containers and equipment properly stored | 2 | | 12b | Stored to assure complete drainage where applicable | 2 | | 12c | Single-service articles properly stored | 2 | | | milking | | | 13a | Milking done in barn, stable or parlor | 5 | | 13b | Brushing completed before milking begun | 5 | | 13c | Flanks, bellies, udders, and tails of cows clean at time of milking; clipped when required | 5 | | 13d | Teats treated with sanitizing solution and dried just prior to milking | 5 | | 13e | No wet hand milking | 5 | | | transfer and protection of milk | | | | Protection from Contamination | | | 14a | No overcrowding | 3 | | 14b | Product and CIP circuits separated | 3 | | 14c | Improperly handled milk discarded | 3 | | 14d | Immediate removal of milk | 3 | | 14e | Milk and equipment properly protected | 3 | | 14f | Sanitized milk surfaces not exposed to contamination | 3 | | 14g | Air under pressure of proper quality | 3 | | | Drug and Chemical Control | | | 15a | Cleaners and sanitizers properly identified | 2 | | 15b | Drug administration equipment properly handled and stored | 2 | | 15c | Drugs properly labeled (name and address) and stored | 2 | | 15d | Drugs properly labeled (directions for use, cautionary statements, active ingredients) | 7 | | 15e | Drugs properly used and stored to preclude contamination of milk | 7 | | | personnel | | | | Handwashing Facilities | | | 16a | Proper handwashing facilities convenient to milking operations | 2 | | 16b | Wash and rinse vats not used as handwashing facilities | 2 | | | Personnel Cleanliness | | | 17a | Hands washed clean and dried before milking, or performing milkhouse functions; rewashed when contaminated | 1 | | 17b | Clean outer garments worn | 1 | | | cooling | | | 18a | Milked cooled to 45°F or less within 2 hours after milking | 5 | | 18b | Recirculated cooling water from safe source and properly protected; complies with bacteriological standards | 5 | | 18c | Temperature recorder with 7 day chart | 5* | | | insects and rodents | | | 19a | Fly breeding minimized by approved manure disposal methods | 3 | | 19b | Manure packs properly maintained | 3 | | 19c | All milkhouse openings effectively screened or otherwise protected; doors tight and self-closing; screen doors open outward | 2 | | 19d | Milkhouse free of insects and rodents | 2 | | 19e | Approved pesticides; used properly | 2 | | 19f | Equipment and utensils not exposed to pesticide contamination | 2 | | 19g | Surrounding neat and clean; free of harborage and breeding areas | 2 | | 19h | Feed storage not attraction for birds, rodents or insects | 2 |

This is a requirement of chapter 16-125 WAC rated in accordance with cooling criteria in similar sections of the 1995 "Methods of Making Sanitation Ratings of Milk Supplies" for dairy plants.

(4) milk processing plant sanitation violation debit point values

| item no | description | debit point value | | --- | --- | --- | | 1 | floors | | | 1a | Smooth; impervious; no pools; good repair; trapped drains | 1 | | 2 | walls and ceilings | | | 2a | Smooth; washable; light-colored; good repair | 1 | | 3 | doors and windows | | | 3a | All outer openings effectively protected against entry of flies and rodents | 2 | | 3b | Outer doors self-closing; screen doors open outward | 2 | | 4 | lighting and ventilation | | | 4a | Adequate in all rooms | 1 | | 4b | Well ventilated to preclude odors and condensation; filtered air with pressured systems | 1 | | 5 | separate rooms | | | 5a | Separate rooms as required; adequate size | 3 | | 5b | No direct opening to barn or living quarters | 3 | | 5c | Storage tanks properly vented | 3 | | 6 | toilet facilities | | | 6a | Complies with local ordinances | 3 | | 6b | No direct opening to processing rooms; self-closing doors | 3 | | 6c | Clean; well-lighted and ventilated; proper facilities | 3 | | 6d | Sewage and other liquid wastes disposed of in a sanitary manner | 3 | | 7 | water supply | | | 7a | Constructed and operated in accordance with Ordinance | 4 | | 7b | No direct or indirect connection between safe and unsafe water | 4 | | 7c | Condensing water and vacuum water in compliance with Ordinance requirements | 4 | | 7d | Complies with bacteriological standards | 4 | | 8 | handwashing facilities | | | 8a | Located and equipped as required; clean and in good repair; improper facilities not used | 2 | | 9 | milk plant cleanliness | | | 9a | Neat; clean; no evidence of insects or rodents; trash properly handled | 3 | | 9b | No unnecessary equipment | 3 | | 10 | sanitary piping | | | 10a | Smooth; impervious; corrosion-resistant; nontoxic; easily cleanable materials; good repair; accessible for inspection | 3 | | 10b | Clean-in-place lines meet Ordinance specifications | 3 | | 10c | Pasteurized products conducted in sanitary piping, except as permitted by Ordinance | 3 | | 11 | construction and repair of containers and equipment | | | 11a | Smooth; impervious; corrosion-resistant; nontoxic; easily cleanable materials; good repair; accessible for inspection | 3 | | 11b | Self-draining; strainers of approved design | 3 | | 11c | Approved single-service articles; not reused | 3 | | 12 | cleaning and sanitizing of containers/equipment | | | 12a | Containers, utensils and equipment effectively cleaned | 5 | | 12b | Mechanical cleaning requirements of Ordinance in compliance; records complete | 5 | | 12c | Approved sanitization process applied prior to the use of product-contact surfaces | 5 | | 12d | Required efficiency tests in compliance | 5 | | 12e | Multiple use plastic containers in compliance | 5 | | 12f | Aseptic system sterilized | 5 | | 13 | storage of cleaned containers and equipment | | | 13a | Stored to assure drainage and protected from contamination | 3 | | 14 | storage of single service articles | | | 14a | Received, stored and handled in a sanitary manner; paperboard containers not reused except as permitted by the Ordinance | 2 | | 15A | protection from contamination | | | 15a | Operations conducted and located so as to preclude contamination of milk, milk products, ingredients, containers, equipment and utensils | 3 | | 15b | Air and steam used to process products in compliance with Ordinance | 3 | | 15c | Approved pesticides, safely used | 3 | | 15B | cross connections | | | 15a | No direct connections between pasteurized and raw milk or milk products. | 5 | | 15b | Overflow, spilled and leaked products or ingredients discarded | 5 | | 15c | No direct connections between milk or milk products and cleaning and/or sanitizing solutions | 5 | | 16A | pasteurization-batch | | | (1) | indicating and recording thermometers | | | 16a | Comply with Ordinance specifications | 4 | | (2) | time and temperature controls | | | 16a | Adequate agitation throughout holding; agitator sufficiently submerged | 15 | | 16b | Each pasteurizer equipped with indicating and recording thermometer; bulb submerged | 15 | | 16c | Recording thermometer reads no higher than indicating thermometer | 15 | | 16d | Product held minimum pasteurization temperature continuously for 30 minutes, plus filling time if product preheated before entering vat, plus emptying time, if cooling is begun after opening outlet | 15 | | 16e | No product added after holding begun | 15 | | 16f | Airspace above product held at not less than 5.0°F higher than minimum required pasteurization temperature during holding | 15 | | 16g | Approved airspace thermometer; bulb not less than 1 inch above product level | 15 | | 16h | Inlet and outlet valves and connections in compliance with Ordinance | 15 | | 16B | pasteurization-high temperature | | | (1) | indicating and recording thermometers | | | 16a | Comply with Ordinance specifications | 4 | | (2) | time and temperature controls | | | 16a | Flow diversion device complies with Ordinance requirements | 15 | | 16b | Recorder-controller complies with Ordinance requirements | 15 | | 16c | Holding tube complies with Ordinance requirements | 15 | | 16d | Flow promoting devices comply with Ordinance requirements | 15 | | (3) | adulteration controls | | | 16a | Satisfactory means to prevent adulteration with added water | 3 | | 16C | aseptic processing | | | (1) | indicating and recording thermometers | | | 16a | Comply with Ordinance specifications | 4 | | (2) | time and temperature controls | | | 16a | Flow diversion device complies with Ordinance requirements | 15 | | 16b | Recorder-controller complies with Ordinance requirements | 15 | | 16c | Holding tube complies with Ordinance requirements | 15 | | 16d | Flow promoting devices comply with Ordinance requirements | 15 | | (3) | adulteration controls | | | 16a | Satisfactory means to prevent adulteration with added water | 3 | | 16D | regenerative heating | | | 16a | Pasteurized or aseptic product in regenerator automatically under greater pressure than raw product in regenerator at all times | 10 | | 16b | Accurate pressure gauges installed as required; booster pump properly identified and installed | 10 | | 16c | Regenerator pressures meet Ordinance requirements | 10 | | 16E | temperature recording charts | | | 16a | Batch pasteurizer charts comply with applicable Ordinance requirements | 4 | | 16b | HTST pasteurizer charts comply with applicable Ordinance requirements | 4 | | 16c | Aseptic charts comply with applicable Ordinance requirements | 4 | | 17 | cooling of milk | | | 17a | Raw milk maintained at 45°F or less until processed | 5 | | 17b | Pasteurized milk and milk products, except those to be cultured, cooled immediately to 45°F or less in approved equipment; all milk and milk products stored thereat until delivered | 5 | | 17c | Approved thermometers properly located in all refrigeration rooms and storage tanks | 5 | | 17d | Recirculated cooling water from safe source and properly protected; complies with bacteriological standards | 5 | | 18 | bottling and packaging | | | 18a | Performed in plant where contents finally pasteurized | 5 | | 18b | Performed in sanitary manner by approved mechanical equipment | 5 | | 18c | Aseptic filling in compliance | 5 | | 19 | capping | | | 19a | Capping and/or closing performed in sanitary manner by approved mechanical equipment | 5 | | 19b | Imperfectly capped/closed products properly handled | 5 | | 19c | Caps and closures comply with Ordinance | 5 | | 20 | personnel cleanliness | | | 20a | Hands washed clean before performing plant functions; rewashed when contaminated | 1 | | 20b | Clean outer garments and hair covering worn | 1 | | 20c | No use of tobacco in processing areas | 1 | | 21 | vehicles | | | 21a | Vehicles clean; constructed to protect milk | 1 | | 21b | No contaminating substances transported | 1 | | 22 | surroundings | | | 22a | Neat and clean; free of pooled water, harborages and breeding areas | 2 | | 22b | Tank unloading areas properly constructed | 2 | | 22c | Approved pesticides; used properly | 2 |

History

Statutory Authority: RCW 15.36.021. WSR 96-24-059 (Order 6007), § 16-101X-030, filed 11/27/96, effective 12/28/96.

Wash. Admin. Code § 16-101X-040 How can a degraded dairy farm or milk processing plant operation be regraded?

A producer or processor subject to degrade action for repeat violations must apply on an application provided by the department to have their dairy farm or milk processing plant regraded. The application must be signed by the producer or processor and must state that all violations, both repeat violations and nonrepeat violations, cited on the inspection that caused the degrade have been corrected. Within seven days after receiving a completed application for regrade, the department will reinspect the dairy farm or milk processing plant. If the department determines that all violations, both repeat violations and nonrepeat violations, cited on the inspection that caused the degrade have been corrected and the degrade period as determined by the director has ended, the department will regrade the dairy farm or milk processing plant operation.

History

Statutory Authority: RCW 15.36.021 and 43.01.160. WSR 24-22-026, s 16-101X-040, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 15.36.021. WSR 96-24-059 (Order 6007), § 16-101X-040, filed 11/27/96, effective 12/28/96.

Wash. Admin. Code § 16-101X-050 Under what circumstances may the director initiate revocation action against the grade A license of a producer or processor?

The director may initiate revocation proceedings against a dairy producer or milk processor whenever that producer or processor has had their milk processing plant operation or dairy farm operation degraded for repeated violations and/or had his or her Grade A producer's license or milk processing plant license suspended and/or his or her milk degraded due to temperature violations, excessive coliform bacteria counts, total bacterial counts, or somatic cell counts, more than four times within a continuous three year period. A license may also be revoked as provided for in RCW 15.36.401.

History

Statutory Authority: RCW 15.36.021 and 43.01.160. WSR 24-22-026, s 16-101X-050, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 15.36.021. WSR 96-24-058 (Order 6006), § 16-101X-050, filed 11/27/96, effective 12/28/96.

Chapter 16-102 Butterfat testing of milk.

Wash. Admin. Code § 16-102-001 Promulgation.

(This promulgation relates only to WAC 16-102-010, 16-102-020 and 16-102-030.)

I, Donald W. Moos, director of agriculture of the state of Washington, after public notice and hearing held at Olympia, Washington on February 26, 1970 by virtue of authority vested in me under chapters 34.04 and 15.32 RCW, do hereby promulgate the following regulations governing butterfat testing of milk by use of transmitted light.

History

Order 1133, § 16-102-001, filed 3/16/70.

Wash. Admin. Code § 16-102-010 Sampling, preserving, and storing samples.

Sampling, preserving and storage of samples shall be the same as for Babcock testing with the following exceptions.

(1) Proportionate portions from each shipment of milk shall be added to the composite sample so that the completed composite sample will contain not less than 5 ounces.

(2) When each shipment of milk is tested on a fresh basis, there shall be at least 5 ounces of milk taken for sample.

(3) Potassium dichromate shall be used for composite samples. Other preservatives may only be used if approved by the director of agriculture specifically for this method of testing.

History

Order 1133, § 16-102-010, filed 3/16/70.

Wash. Admin. Code § 16-102-020 Calibration, operation, maintenance and cleaning of instrument.

The instrument shall be operated, maintained and cleaned in the manner specified by the manufacturer of the instrument, and each manufacturer of instruments for use in this method of testing milk for butterfat shall satisfy the director of agriculture that their instructions are complete and by following them an accurate test for butterfat will result. Except as provided below, instrument calibrations and operation shall be conducted only by technicians licensed by the department of agriculture specifically for this method using procedures for calibration and procedure checks, as recommended in the official first action approval published in Vol. 52, No. 2, 1969 of the Journal of the Association of Official Analytical Chemists or in the latest edition of the Official Methods of Analysis of the Association of Official Analytical Chemists.

(1) Samples used for calibration shall be prepared in the same manner as samples upon which producer payments are to be based. If composite samples are to be tested, the samples shall be preserved and stored in the same manner as the regular composites. If fresh samples are the basis for payment, then the samples shall be from fresh milk.

(2) Samples used for calibration shall include samples in (3%-4%) (4%-5%) (5%-6%) ranges.

(3) Temper all milk samples, whether fresh or composite to 98°-100°F. in thermostatically controlled water bath which is provided with an accurate thermometer: Provided, That a lower temperature which is proven to give accurate tests to the satisfaction of the director of agriculture may be used.

(4) When any sample differs in butterfat content by greater than 2.0 percentage points from the sample preceding it through the instrument, there shall be an immediate retest and the second test shall be the one recorded.

(5) Any dairy technician operating this instrument shall hold a license specifically for this method and shall also hold a Babcock testing license with the department of agriculture.

History

Order 1133, § 16-102-020, filed 3/16/70.

Wash. Admin. Code § 16-102-030 Permanent records.

(1) A bound record book shall be provided for all permanent records.

(2) All calibration results and check tests for initial calibration or subsequent calibration shall be recorded in permanent record book.

(3) All tests for checking accuracy of calibration shall be recorded in permanent record book.

History

Order 1133, § 16-102-030, filed 3/16/70.

Chapter 16-103 Milk processing assessments and collections.

Wash. Admin. Code § 16-103-001 Assessments.

(1) The assessment on all milk processed in this state shall be fifty-three and one-half hundredths of one cent per hundredweight.

(2) All assessments shall be levied on the operator of the first milk plant receiving the milk for processing. This includes milk plants producing their own milk for processing and milk plants that receive milk from other sources.

(3) All assessments shall be in addition to those collected under chapter 15.44 RCW and/or Title 142 WAC.

History

Statutory Authority: RCW 15.36.105. WSR 94-05-040 (Order 5028), § 16-103-001, filed 2/9/94, effective 3/12/94. Statutory Authority: RCW 15.36.550. WSR 92-20-056, § 16-103-001, filed 10/2/92, effective 11/2/92.

Wash. Admin. Code § 16-103-002 Collections.

Milk plant operators shall submit a report to the director on or before the twentieth day of each month with the preceding month's assessment. The report shall list the milk plant name and address, pounds of milk received at that plant including milk purchased or received from other sources, and the total amount of assessment on forms provided by the director. Provided, that entities having more than one milk plant may submit one assessment check for all milk plants and include separate reports for each milk plant.

History

Statutory Authority: RCW 15.36.550. WSR 92-20-056, § 16-103-002, filed 10/2/92, effective 11/2/92.

Wash. Admin. Code § 16-103-003 Penalties.

Any due and payable assessment not paid by the milk plant operator by the 20th of the succeeding month shall be considered a lien on any property owned by them. All delinquent assessments shall be filed as liens quarterly by the director with the county auditor of any county in which property owned by the milk plant operator is located. All delinquent assessments shall be collected in the manner and with the same priority over other creditors as prescribed for the collection of delinquent taxes under chapters 84.60 and 84.64 RCW.

History

Statutory Authority: RCW 15.36.550 and 43.01.160. WSR 24-22-027, s 16-103-003, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 15.36.550. WSR 92-20-056, § 16-103-003, filed 10/2/92, effective 11/2/92.

Wash. Admin. Code § 16-103-010 Purpose.

These rules are promulgated under the authority of RCW 15.32.110 as recodified by chapter 143, Laws of 1994. The purpose of these rules is to establish a renewal date for the annual milk processing plant license.

History

Statutory Authority: RCW 15.36.051. WSR 94-19-011, (Order 5055), § 16-103-010, filed 9/9/94, effective 10/10/94.

Wash. Admin. Code § 16-103-020 Milk processing plant license.

The licensing period for milk processing plants shall begin on July 1 and run through the following June 30. All annual milk processing plant licenses shall expire on June 30 of each year.

History

Statutory Authority: RCW 15.36.051. WSR 94-19-011, (Order 5055), § 16-103-020, filed 9/9/94, effective 10/10/94.

Chapter 16-104 Shell eggs—Standards, grades and weight classes.

Wash. Admin. Code § 16-104-130 Washington state standards for quality of individual shell eggs—Application.

(1) General. The Washington state standards for quality of individual shell eggs contained in this order are applicable only to eggs that are the product of the domesticated chicken hen and are in the shell.

Interior egg quality specifications for these standards are based on the apparent condition of the interior contents of the egg as it is twirled before the candling light. Any type or make of candling light may be used that will enable the particular grader to make consistently accurate determinations of the interior quality of shell eggs.

(2) AA quality. The shell must be clean, unbroken, and practically normal. The air cell must not exceed 1/8 inch in depth, may show unlimited movement and may be free or bubbly. The white must be clear and firm so that the yolk is only slightly defined when the egg is twirled before the candling light. The yolk must be practically free from apparent defects.

(3) A quality. The shell must be clean, unbroken, and practically normal. The air cell must not exceed 3/16 inch in depth and may be free or bubbly. The white must be clear and at least reasonably firm so that the yolk outline is only fairly well defined when the egg is twirled before the candling light. The yolk must be practically free from apparent defects.

(4) B quality. The shell must be unbroken, may be abnormal, and may have slightly stained areas. Moderately stained areas are permitted if they do not cover more than 1/32 of the shell surface if localized, or 1/16 of the shell surface if scattered. Eggs having shells with prominent stains or adhering dirt are not permitted. The air cell may be over 3/16 inch in depth, may show unlimited movement, and may be free or bubbly. The white may be weak and watery so that the yolk outline is plainly visible when the egg is twirled before the candling light. The yolk may appear dark, enlarged, and flattened and may show clearly visible germ development but no blood due to such development. It may show other serious defects that do not render the egg inedible. Small blood spots or meat spots (aggregating not more than 1/8 inch in diameter) may be present.

Dirty. An individual egg that has an unbroken shell with adhering dirt or foreign material, prominent stains, or moderate stains covering more than 1/32 of the shell surface if localized, or 1/16 of the shell surface if scattered.

Check. An individual egg that has a broken shell or crack in the shell but with its shell membranes intact and its contents do not leak. A "check" is considered to be lower in quality than a "dirty."

History

Statutory Authority: Chapter 69.25 RCW. WSR 87-16-075 (Order 1945), § 16-104-130, filed 8/4/87.

Wash. Admin. Code § 16-104-140 Terms descriptive of the shell.

(1) Clean. A shell that is free from foreign material and from stains or discolorations that are readily visible. An egg may be considered clean if it has only very small specks, stains, or cage marks, if such specks, stains, or cage marks are not of sufficient number or intensity to detract from the generally clean appearance of the egg. Eggs that show traces of processing oil on the shell are considered clean unless otherwise soiled.

(2) Dirty. A shell that is unbroken and that has dirt or foreign material adhering to its surface, which has prominent stains, or moderate stains covering more than 1/32 of the shell surface if localized, or 1/16 of the shell surface if scattered.

(3) Practically normal (AA or A quality). A shell that approximates the usual shape and that is sound and is free from thin spots. Ridges and rough areas that do not materially affect the shape and strength of the shell are permitted.

(4) Abnormal (B quality). A shell that may be somewhat unusual or decidedly misshapen or faulty in soundness or strength or that may show pronounced ridges or thin spots.

History

Statutory Authority: Chapter 69.25 RCW. WSR 87-16-075 (Order 1945), § 16-104-140, filed 8/4/87.

Wash. Admin. Code § 16-104-150 Terms descriptive of the air cell.

(1) Depth of the air cell (air space between shell membranes, normally in the large end of the egg). The depth of the air cell is the distance from its top to its bottom when the egg is held air cell upward.

(2) Free air cell. An air cell that moves freely toward the uppermost point in the egg as the egg is rotated slowly.

(3) Bubbly air cell. A ruptured air cell resulting in one or more small separate air bubbles usually floating beneath the main air cell.

History

Statutory Authority: Chapter 69.25 RCW. WSR 87-16-075 (Order 1945), § 16-104-150, filed 8/4/87.

Wash. Admin. Code § 16-104-160 Terms descriptive of the white.

(1) Clear. A white that is free from discolorations or from any foreign bodies floating in it. (Prominent chalazae should not be confused with foreign bodies such as spots or blood clots.)

(2) Firm (AA quality). A white that is sufficiently thick or viscous to prevent the yolk outline from being more than slightly defined or indistinctly indicated when the egg is twirled.

(3) Reasonably firm (A quality). A white that is somewhat less thick or viscous than a firm white. A reasonably firm white permits the yolk to approach the shell more closely which results in a fairly well defined yolk outline when the egg is twirled.

(4) Weak and watery (B quality). A white that is weak, thin, and generally lacking in viscosity. A weak and watery white permits the yolk to approach the shell closely, thus causing the yolk outline to appear plainly visible and dark when the egg is twirled.

(5) Blood spots or meat spots. Small blood spots or meat spots (aggregating not more than 1/8 inch in diameter) may be classified as B quality. If larger, or showing diffusion of blood into the white surrounding a blood spot, the egg shall be classified as loss. Blood spots shall not be due to germ development. They may be on yolk or in the white. Meat spots may be blood spots which have lost their characteristic red color or tissue from the reproductive organs.

(6) Bloody white. An egg which has blood diffused through the white. Eggs with bloody whites are classed as loss. Eggs with blood spots which show a slight diffusion into the white around the localized spot are not to be classed as bloody whites.

History

Statutory Authority: Chapter 69.25 RCW. WSR 87-16-075 (Order 1945), § 16-104-160, filed 8/4/87.

Wash. Admin. Code § 16-104-170 Terms descriptive of the yolk.

(1) Outline slightly defined (AA quality). A yolk outline that is indistinctly indicated and appears to blend into the surrounding white as the egg is twirled.

(2) Outline fairly well defined (A quality). A yolk outline that is discernible but not clearly outlined as the egg is twirled.

(3) Outline plainly visible (B quality). A yolk outline that is clearly visible as a dark shadow when the egg is twirled.

(4) Enlarged and flattened (B quality). A yolk in which the yolk membranes and tissues have weakened and/or moisture has been absorbed from the white to such an extent that the yolk appears definitely enlarged and flat.

(5) Practically free from defects (AA quality or A quality). A yolk that shows no germ development but may show other very slight defects on its surface.

(6) Serious defects (B quality). A yolk that shows well developed spots or areas and other serious defects, such as olive yolks, which do not render the egg inedible.

(7) Clearly visible germ development (B quality). A development of the germ spot on the yolk of a fertile egg that has progressed to a point where it is plainly visible as a definite circular area or spot with no blood in evidence.

(8) Blood due to germ development. Blood caused by development of the germ in a fertile egg to the point where it is visible as definite lines or as a blood ring. Such an egg is classified as inedible.

History

Statutory Authority: Chapter 69.25 RCW. WSR 87-16-075 (Order 1945), § 16-104-170, filed 8/4/87.

Wash. Admin. Code § 16-104-180 General terms.

(1) Loss. An egg that is inedible, cooked, frozen, contaminated, or containing bloody whites, large blood spots, large unsightly meat spots, or other foreign material.

(2) Inedible eggs. Eggs of the following descriptions are classed as inedible: Black rots, yellow rots, white rots, mixed rots (addled eggs), sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, eggs containing embryo chicks (at or beyond the blood ring state), and any eggs that are adulterated as such term is defined pursuant to the Federal Food, Drug, and Cosmetic Act.

(3) Leaker. An individual egg that has a crack or break in the shell and shell membranes to the extent that the egg contents are exuding or free to exude through the shell.

(4) Restricted eggs means any check, dirty eggs, incubator, reject, inedible, leaker, or loss.

History

Statutory Authority: Chapter 69.25 RCW. WSR 87-16-075 (Order 1945), § 16-104-180, filed 8/4/87.

Wash. Admin. Code § 16-104-190 General.

(1) These grades are applicable to edible shell eggs in "lot" quantities rather than on an "individual" egg basis. A lot may contain any quantity of two or more eggs. References in these standards to the term "case" means 30-dozen egg cases as used in commercial practices in the state of Washington.

(2) Terms used in WAC 16-104-190 that are defined in WAC 16-104-130 have the same meaning as defined therein.

(3) Aggregate tolerances are permitted within each consumer grade only as an allowance for variable efficiency and interpretation of graders, normal changes under favorable conditions during reasonable periods between grading and inspection and reasonable variation of inspector's interpretation.

(4) Substitution of higher qualities for the lower qualities specified is permitted.

(5) "No grade" or "receipts" means eggs of possible edible quality on which no grade determination has been made or that fail to meet the requirements of an official Washington state consumer grade or that may have been contaminated by smoke, chemicals or other foreign material which may have seriously affected the character, appearance or flavor of the eggs. "No grade" or "receipts" eggs shall be sold only to a dealer who shall be equipped to assign a grade.

History

Statutory Authority: Chapter 69.25 RCW. WSR 87-16-075 (Order 1945), § 16-104-190, filed 8/4/87.

Wash. Admin. Code § 16-104-200 Grades.

(1) Washington consumer grade AA (at origin) shall consist of eggs which are at least 87 percent AA quality. The maximum tolerance of 13 percent which may be below AA quality may consist of A or B quality in any combination, except that within the tolerance for B quality, not more than one percent may be B quality due to air cells over 3/4 inch, blood spots (aggregating not more than 1/8 inch in diameter), or serious yolk defects. Not more than five percent (seven percent for jumbo size) checks are permitted and not more than 0.50 percent leakers, dirties, or loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.

(2) Washington consumer grade AA (destination) shall consist of eggs which are at least 72 percent AA quality. The remaining tolerance of 28 percent shall consist of at least 10 percent A quality, and the remainder shall be B quality, except that within the tolerance for B quality not more than one percent may be B quality due to air cells over 3/8 inch, blood spots (aggregating not more than 1/8 inch in diameter), or serious yolk defects. Not more than seven percent (nine percent for jumbo size) checks are permitted and not more than 1 percent leakers, dirties, or loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.

(a) Washington consumer grade A (A) Washington consumer grade A (at origin) shall consist of eggs which are at least 87 percent A quality or better. Within the maximum tolerance of 13 percent which may be below A quality, not more than one percent may be B quality due to air cells over 3/8 inch, blood spots (aggregating not more than 1/8 inch in diameter), or serious yolk defects. Not more than five percent (seven percent for jumbo size) checks are permitted and not more than 0.50 percent leakers, dirties, or loss (due to meat or blood spots) in any combination, except that such loss may exceed 0.30 percent. Other types of loss are not permitted.

(b) Washington consumer grade A (destination) shall consist of eggs which are at least 82 percent A quality or better. Within the maximum tolerance of 18 percent which may be below A quality, not more than one percent may be B quality due to air cells over 3/8 inch, blood spots (aggregating not more than 1/8 inch in diameter), or serious yolk defects. Not more than seven percent (nine percent for jumbo size) checks are permitted and not more than one percent leakers, dirties, or loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.

(3) Washington consumer grade B.

(a) Washington consumer grade B (at origin) shall consist of eggs which are at least 90 percent B quality or better, not more than 10 percent may be checks, and not more than 0.50 percent leakers, dirties, or loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.

(b) Washington consumer grade B (destination) shall consist of eggs which are at least 90 percent B quality or better, not more than 10 percent may be checks and not more than one percent leakers, dirties, or loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.

"Exemption." A licensed wholesale shell egg dealer may sell a consumer grade check on the premises where they package eggs, directly to household consumers for use by such consumer and members of their household and their nonpaying guests and employees. This consumer grade check shall consist of eggs which at least 99 percent are checks or better. Checks may not exceed one percent dirties, leakers, and loss in any combination (due to meat or blood spots). Loss other than meat or blood spots is not permitted.

(4) Additional tolerances:

(a) In lots of two or more cases:

(i) For grade AA - No individual case may exceed 10 percent less AA quality eggs than the minimum permitted for the lot average.

(ii) For grade A - No individual case may exceed 10 percent less A quality eggs than the minimum permitted for the lot average.

(iii) For grade B - No individual case may exceed 10 percent less B quality eggs than the minimum permitted for the lot average.

(b) For grade AA, A, and B, no lot shall be rejected or downgraded due to the quality of a single egg except for loss other than blood or meat spots.

History

Statutory Authority: RCW 69.25.030 and 43.01.160. WSR 24-22-028, s 16-104-200, filed 10/28/24, effective 11/28/24. Statutory Authority: Chapter 69.25 RCW. WSR 87-16-075 (Order 1945), § 16-104-200, filed 8/4/87.

Wash. Admin. Code § 16-104-210 Summary of grades.

It shall be unlawful to sell, offer for sale, or use as human food any eggs or products containing eggs which have been broken or separated by a process that does not permit the inspection of each individual egg after it is broken or that allows the egg meat and shell to commingle. For the purposes of this rule, egg products sold under a United States Department of Agriculture (USDA) seal from a USDA approved and inspected egg products plant shall be deemed to meet the requirements of this rule for use as human food.

SUMMARY OF GRADES

The summary of Washington state consumer grades for shell eggs follows as Table 1 and Table 2 of this section:

TABLE 1 - SUMMARY OF WASHINGTON CONSUMER GRADES FOR SHELL EGGS

| Washington State Consumer Grades (Origin) | Quality Required (1) | Tolerance Permitted (2) | | | --- | --- | --- | --- | | Percent | Quality | | | | Grade AA | 87 percent AA | Up to 13 Not over 5 | A or B (5) Checks (6) | | Grade A | 87 percent A or better | Up to 13 Not over 5 | B Checks (6) | | Grade B | 90 percent B or better | Not over 10 | Checks |

| Washington State Consumer Grades (Destination) | Quality Required (1) | Tolerance Permitted (3) | | | --- | --- | --- | --- | | Percent | Quality | | | | Grade AA | 72 percent AA | Up to 28 (4) Not over 7 | A or B (5) Checks (6) | | Grade A | 82 percent A or better | Up to 18 Not over 7 | B (5) Checks (6) | | Grade B | 90 percent B or better | Not over 10 | Checks |

(1) In lots of two or more cases see Table 2 of this section for tolerances for an individual case within a lot.

(2) For the Washington consumer grades (at origin), a tolerance of 0.50 percent leakers, dirties, or loss (due to meat or blood spots) in any combination is permitted, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.

(3) For the Washington consumer grades (destination), a tolerance of 1 percent leakers, dirties, or loss (due to meat or blood spots) in any combination is permitted, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.

(4) For Washington grade AA destination, at least 10 percent must be A quality or better.

(5) For Washington grade AA or A at origin and destination within the tolerances permitted for B quality, not more than 1 percent may be B quality due to air cells over 3/4 inch, blood spots (aggregating not more than 1/8 inch in diameter), or serious yolk defects.

(6) For Washington grades AA or A jumbo size eggs, the tolerance for checks at origin and destination is 7 percent and 9 percent respectively.

TABLE 2 - TOLERANCE FOR INDIVIDUAL CASE WITHIN A LOT

| Washington Consumer Grade | Case Quality | Origin (Percent) | Destination (Percent) | | --- | --- | --- | --- | | Grade AA | AA (min) A or B Check (max) | 77 13 10 | 62 28 10 | | Grade A | A (min) B Check (max) | 77 13 10 | 72 18 10 | | Grade B | B (min) Check (max) | 80 20 | 80 20 |

History

Statutory Authority: Chapter 69.25 RCW. WSR 87-16-075 (Order 1945), § 16-104-210, filed 8/4/87.

Wash. Admin. Code § 16-104-220 Weight classes.

(1) The weight classes for Washington state consumer grades for shell eggs shall be as indicated in Table 1 of this section and shall apply to all consumer grades:

TABLE - 1 WASHINGTON STATE WEIGHT CLASSES FOR

CONSUMER GRADES FOR SHELL EGGS.

| Size or Weight Classes | Minimum Net Weight Per Dozen | Minimum Net Weight Per 30 Dozen | Minimum Weight for Individual Eggs at Rate Per Dozen | | --- | --- | --- | --- | | | Ounces | Pounds | Ounces | | Jumbo | 30 | 56 | 29 | | Extra large | 27 | 50 1/2 | 26 | | Large | 24 | 45 | 23 | | Medium | 21 | 39 1/2 | 20 | | Small | 18 | 34 | 17 | | Peewee or pullet | 15 | 28 | — |

(2) Minimum weights listed for individual eggs at the rate per dozen are permitted in the various weight classes only to the extent that they will not reduce the net weight per dozen below the required minimum.

(3) A lot average tolerance of 3.3 percent for individual eggs in the next lower weight class is permitted as long as no individual case within the lot exceeds 5 percent.

History

Statutory Authority: Chapter 69.25 RCW. WSR 87-16-075 (Order 1945), § 16-104-220, filed 8/4/87.

Wash. Admin. Code § 16-104-230 Minimum sample schedule—Egg samples.

The following schedule is a minimum number of samples and shall be reasonably calculated to produce a fair representation of the entire lot of eggs examined.

| Cases in Lot | Cases in Sample | | | | --- | --- | --- | --- | | 1 case | 1 | (see footnote.) | | | 2 to 10 inclusive | 2 | | | | 11 to 25 | " | 3 | | | 26 to 50 | " | 4 | | | 51 to 100 | " | 5 | | | 101 to 200 | " | 8 | | | 201 to 300 | " | 11 | | | 301 to 400 | " | 13 | | | 401 to 500 | " | 14 | | | 501 to 600 | " | 16 | |

For each additional 50 cases or fraction thereof in excess of 600 cases, one additional case shall be included in the sample. A minimum of 100 eggs per sample case shall be examined. For lots which consist of 100 eggs or less, all eggs shall be examined.

SUMMARY OF WASHINGTON STATE STANDARDS FOR

QUALITY OF INDIVIDUAL SHELL EGGS

SPECIFICATIONS FOR EACH QUALITY FACTOR

| Quality Factor | AA Quality | A Quality | B Quality | | --- | --- | --- | --- | | Shell | Clean, unbroken. Practically normal. | Clean, unbroken. Practically normal. | Clean to slightly stained.*Unbroken, abnormal. | | Air cell | 1/8 inch or less in depth. Unlimited movement & free or bubbly. | 3/16 inch or less in depth. Unlimited movement & free or bubbly. | Over 3/16 inch in depth. Unlimited movement & free or bubbly. | | White | Clear, firm. | Clear, reasonable firm. | Weak and watery. Small blood spots present. | | Yolk | Outline slightly defined. Practically free from defects. | Outline fairly well defined. Practically free from defects. | Outline plainly visible. Enlarged and flattened. Clearly visible germ development but no blood. Other serious defect. |

| * | Moderately stained areas permitted (1/32 of surface if localized, or 1/16 in scattered). | | --- | --- | | ** | If they are small (aggregating not more than 1/8 inch in diameter). |

For eggs with dirty or broken shells, the standards of quality provide two additional qualities. These are:

| Dirty | | Check | | --- | --- | --- | | Unbroken. Adhering dirt or foreign material, prominent stains, moderate stained areas in excess of B quality. | Broken or cracked shell but membranes intact, not leaking.*** | |

| *** | Leaker has broken or cracked shell and membranes, and contents leaking or free to leak. | | --- | --- |

History

Statutory Authority: Chapter 69.25 RCW. WSR 87-16-075 (Order 1945), § 16-104-230, filed 8/4/87.

Wash. Admin. Code § 16-104-310 Minimum facility and operating requirements for shell egg grading and packing plants.

General requirements for buildings and plant facilities.

(1) Buildings shall be of sound construction so as to prevent, insofar as practicable, the entrance or harboring of vermin, including all domestic pets, insects, rodents, birds, etc. This applies to:

(a) All grading room areas.

(b) Any storage areas for eggs or cases and cartons. Egg case and carton storage shall be clean and dry, free from dust or any odorous material that could be absorbed by cases or cartons.

(2) Grading and packing rooms shall be of sufficient size to permit installation of necessary equipment and the conduct of grading and packing in a sanitary manner. These rooms shall be kept reasonably clean during grading and packing operations and shall be thoroughly cleaned at the end of each operating day.

(a) Floor shall be constructed of washable materials, tight, reasonably smooth, and in good repair.

(b) Floor drains shall be provided where floors are subjected to flood type cleaning or where normal operations release or discharge water or liquid wastes onto the floor.

(3) Adequate lavatory/toilet (restroom) accommodations shall be provided. Lavatory/toilet and locker rooms shall be maintained in a clean and sanitary condition. Hot and cold running water shall be provided. Rooms shall be ventilated to the outside of the building. Signs shall be posted in the restrooms instructing employees to wash their hands before returning to work. Lavatory/toilet rooms shall be equipped with handwashing facilities including soap and sanitary towels.

(4) A separate refuse room or a separate designated area for the accumulation of trash must be provided in plants which do not have a system for the daily removal or destruction of such trash.

(5) Areas subjected to moisture:

(a) Wood benches, platforms, etc., in areas which are subjected to moisture shall be maintained in good repair or made from other construction materials impervious to moisture and odors.

(b) Wood walls or partitions shall be maintained in good repair or be replaced with materials impervious to moisture and odor build up.

(c) Newly constructed plants should be equipped with nonporous material benches, platforms, etc., in areas which are subjected to moisture. Wood benches, platforms, etc., are allowed when maintained in a sanitary, odor free condition.

(6) Walls and ceilings:

(a) Walls and ceilings shall be kept clean, in good repair and free of cobwebs and dust.

(b) Ceiling shall be dust tight if space overhead is used for storage or other purposes.

(7) Doors and windows: Effective means shall be provided to prevent entrance insofar as practicable of insects, rodents, birds or other vermin and dust.

(8) Hygiene of personnel. Plant personnel coming into contact with shell eggs shall wear clean clothing, free from animal waste, dust, loose dirt or prohibited chemical contamination.

History

Statutory Authority: RCW 69.25.030 and chapters 42.30 and 35.05 [34.05] RCW. WSR 92-01-091, § 16-104-310, filed 12/17/91, effective 1/17/92.

Wash. Admin. Code § 16-104-320 Grading room requirements.

(1) The grading room candling area shall be adequately darkened to make possible accurate quality determination of the candled appearances of eggs.

(2) There shall be no crossbeams of light, and light reflection from candling lights shall be kept at a minimum.

(3) Candling area/equipment shall be constructed so as to permit cleaning and provide ample shelf space for convenient placement of the different grades to be packed.

(4) The candling lights shall be capable of delivering reasonably uniform intensity of light at the candling aperture to facilitate accurate quality determinations. In operations utilizing mechanical grading equipment, adequate light shall be provided to facilitate necessary quality determinations, including the detection and removal of stained and dirty shells and the condition of the packing material.

(5) Individual egg scales shall be provided to check accuracy of weight classing.

(6) Weighing equipment, whether manual or automatic, shall be kept clean and maintained in a manner to assure accurate operation.

(7) Ventilation and lighting:

(a) Adequate lighting shall be provided to assure accurate and safe grading room operations.

(b) Adequate ventilation shall be maintained to keep the area free from undesirable odors, dust, and condensation.

History

Statutory Authority: RCW 69.25.030 and chapters 42.30 and 35.05 [34.05] RCW. WSR 92-01-091, § 16-104-320, filed 12/17/91, effective 1/17/92.

Wash. Admin. Code § 16-104-330 Cooler room requirements.

(1) After processing and grading, shell eggs packed in consumer containers shall be refrigerated at maximum of forty-five degrees Fahrenheit, ambient air temperature. All containers shall be clearly labeled with the words "keep refrigerated," in lettering as follows:

| Cartons: | | 1/8 inch minimum | | --- | --- | --- | | Cases: | | 1 inch minimum | | Baskets and racks: | | 1 inch minimum |

This provision shall apply to baskets, racks, cases and cartons acquired after June 1, 1992.

(2) Accurate thermometers shall be provided in egg coolers and egg storage facilities to monitor required ambient air temperatures.

(3) All shell egg coolers shall be equipped with a hygrometer or portable equipment such as a psychrometer to determine that relative humidity is at least seventy percent. When necessary, humidifying equipment capable of maintaining seventy percent relative humidity, to minimize shrinkage, shall be provided: Provided, That this requirement shall not apply to refrigerated vehicles used to transport shell eggs.

(4) Egg coolers and egg storage facilities shall be free from objectionable odors and mold, and shall be maintained in a sanitary condition.

(5) All facilities where eggs are offered for sale to consumers, shall be maintained in a clean and sanitary condition. Display and storage temperatures shall be maintained at a maximum of forty-five degrees Fahrenheit ambient air temperature.

(6) Shell eggs stored prior to grading shall be refrigerated at a maximum of fifty-five degrees Fahrenheit ambient air temperature, when time prior to processing/grading exceeds twenty-four hours. When time during transport of ungraded eggs will exceed three hours, refrigeration at fifty-five degrees Fahrenheit maximum is required. Transport time of shell eggs prior to processing/grading of three hours or less in unrefrigerated vehicles is allowed, however, that time shall be included as part of the twenty-four hours.

(7) Inedibles shall be held under refrigeration in covered containers, clearly labeled and stored to prevent possible odor contamination of graded or ungraded eggs.

(8) Refrigeration is required during all transit of graded product when transit time will require an excess of two hours. Temperatures during all transit of graded product shall be maintained at a maximum of forty-five degrees Fahrenheit ambient air temperature.

History

Statutory Authority: RCW 69.25.030 and chapters 42.30 and 35.05 [34.05] RCW. WSR 92-01-091, § 16-104-330, filed 12/17/91, effective 1/17/92.

Wash. Admin. Code § 16-104-340 Shell egg protecting operations.

Shell egg protecting (oil processing) operations shall be conducted in a manner to avoid contamination of the product and maximize conservation of its quality.

(1) Eggs with moisture on the shell shall not be shell protected.

(2) Oil having any off odor, or that is obviously rancid or contaminated, shall not be used in shell egg protection.

(3) Processing oil that has been previously used and which has become contaminated shall be filtered and heat treated at one hundred eighty degrees Fahrenheit for three minutes prior to reuse.

(4) Shell egg protecting equipment shall be washed, rinsed, and treated with a bactericidal agent each time the oil is removed. It is preferable to filer and heat treat processing oil and clean processing equipment daily when in use.

(5) Adequate coverage and protection against dust and dirt shall be provided when the equipment is not in use.

History

Statutory Authority: RCW 69.25.030 and chapters 42.30 and 35.05 [34.05] RCW. WSR 92-01-091, § 16-104-340, filed 12/17/91, effective 1/17/92.

Wash. Admin. Code § 16-104-350 Shell egg cleaning operations.

(1) Shell egg cleaning equipment shall be kept in good repair and shall be cleaned after each day's use or more frequently, if necessary.

(2) The temperature of the wash water shall be maintained at ninety degrees Fahrenheit or higher, and shall be at least twenty degrees Fahrenheit warmer than the temperature of the eggs to be washed. Rinse water temperature shall be at least ten degrees Fahrenheit warmer than the final wash water temperature. These temperatures shall be maintained throughout the cleaning cycle.

(3) An approved cleaning compound shall be used in the wash water. It must be approved by the United States Department of Agriculture or the Washington state department of agriculture. The use of metered equipment for dispensing the compound into solution is recommended.

(4) Wash water shall be changed approximately every four hours, or more often if needed, to maintain cleanliness and sanitary conditions, and at the end of each shift. Measures shall be taken to prevent excess foaming during the egg washing operation.

(5) Replacement water shall be added continuously to the wash water of washers to maintain a continuous overflow. Rinse water, chlorine, or quaternary sanitizing rinse may be used as part or all of the replacement water: Provided, That they are compatible with the washing compound. Iodine sanitizing rinse may not be used as part of the replacement water.

(6) Water supply shall be of a safe sanitary quality. Only potable water under two parts per million iron content shall be used, without equipment to correct the excess. Water under pressure shall be available to grading and candling area or room for cleaning purposes. Frequency of testing for potability of the water supply shall be determined by the director, however, must also comply with state and local health department requirements. When the water source is changed, new tests are required.

(7) Waste water from the egg washing operation shall be continuously removed through appropriate drains to prevent standing water from accumulating.

(8) The washing and drying operation shall be continuous and shall be completed as rapidly as possible. Eggs shall not be allowed to stand or soak in water. Immersion-type washers shall not be used.

(9) Prewetting shell eggs prior to washing may be accomplished by spraying a continuous flow of water over the eggs in a manner which permits the water to drain away, or other methods which may be approved by the director. The temperature of the water shall be the same as prescribed in subsection (2) of this section.

(10) Washed eggs shall be spray rinsed with warm water containing an approved sanitizer of not less than 50 p/m nor more than 200 p/m of available chlorine or its equivalent.

(11) Test kits shall be available and used to determine the strength of the sanitizing solution.

(12) During any rest period or other line shutdown, preventative measures shall be taken to prevent overheating and/or partial cooking of eggs in the washing, rinsing, and scanning areas.

(13) Washed eggs shall be dry before cartoning or casing.

(14) When steam or vapors originate from the washing operation, they shall be continuously and directly removed to the outside of the building.

(15) Every reasonable precaution should be exercised to prevent "sweating" of eggs.

(16) Eggs may be dry cleaned or washed. If eggs are dry cleaned, the equipment shall be of a sanitary type, and kept clean and in good repair.

(17) Cloth or wash rags shall not be used for cleaning eggs unless they are of a sanitary single service type. Single service paper toweling may be used.

History

Statutory Authority: RCW 69.25.030 and chapters 42.30 and 35.05 [34.05] RCW. WSR 92-01-091, § 16-104-350, filed 12/17/91, effective 1/17/92.

Wash. Admin. Code § 16-104-360 Shipping containers, egg cartons, and packing materials.

Eggs which are to be distributed with consumer grademarks shall be packaged only in new or good used cases, baskets or racks. They shall be clean, and have sufficient strength and durability to protect the eggs during normal distribution. Reuse of egg cartons or flats after distribution to a consumer outlet shall not be allowed. Used flats may be used for transporting and/or holding nest-run or restricted eggs prior to grading or breaking.

History

Statutory Authority: RCW 69.25.030 and chapters 42.30 and 35.05 [34.05] RCW. WSR 92-01-091, § 16-104-360, filed 12/17/91, effective 1/17/92.

Wash. Admin. Code § 16-104-370 Chemicals and compounds.

The following list of compounds shall be handled in accordance with the manufacturers' instructions. They shall be stored away from the grading area and not be allowed to come in contact with the shell eggs being processed, or with egg cases or cartons: Pesticides including herbicides, insecticides, fungicides and rodenticides; inks, oils, cleaning compounds, foam control agents, sanitizers, and any common cleaners used in the plant.

This paragraph is not intended to prohibit eggs being contacted by certain materials when those materials are used in the normal shell egg cleaning and sanitizing process and the materials have been authorized for such usage in the "List of Proprietary Substance and Non-Food Compounds Authorized for Use Under USDA Inspection And Grading Program."

History

Statutory Authority: RCW 69.25.030 and chapters 42.30 and 35.05 [34.05] RCW. WSR 92-01-091, § 16-104-370, filed 12/17/91, effective 1/17/92.

Chapter 16-108 Washington state egg seals and assessments.

Wash. Admin. Code § 16-108-010 Rate.

(1) A fee of $0.00268 cents effective July 1, 1999, per dozen eggs is hereby established for every egg handler or dealer who pays assessments monthly in lieu of seals and for Washington state egg seals and facsimile type Washington state egg seals imprinted on egg containers.

(2) The imposition of the assessment, whether paid monthly in lieu of seals or by purchase of Washington state egg seals or facsimile type Washington state egg seals imprinted on egg containers, is suspended effective September 1, 2008, and reinstated effective December 1, 2008, at the rate stated in subsection (1) of this section. The reporting requirements of WAC 16-108-030 and labeling requirements of WAC 16-108-040 remain in effect.

History

Statutory Authority: Chapters 69.25 and 34.05 RCW. WSR 08-15-165, § 16-108-010, filed 7/23/08, effective 8/23/08. Statutory Authority: RCW 69.25.250. WSR 99-12-076, § 16-108-010, filed 5/28/99, effective 6/28/99
WSR 86-04-027 (Order 1878), § 16-108-010, filed 1/29/86. Statutory Authority: Chapter 69.25 RCW. WSR 84-11-019 (Order 1824), § 16-108-010, filed 5/11/84
Order 1489, § 16-108-010, filed 1/31/77, effective 3/7/77
Order 1479, § 16-108-010, filed 8/18/76
Order 895, Regulation 1, filed 9/26/62
Order 784, Regulation 1, effective 4/1/59.

Wash. Admin. Code § 16-108-020 Time of payment—Regular seals.

Payment of fees for the regular state egg seals shall be made to the department prior to delivery of such seals.

History

Order 1479, § 16-108-020, filed 8/18/76
Order 895, Regulation 2, filed 9/26/62
Order 784, Regulation 2, effective 4/1/59.

Wash. Admin. Code § 16-108-030 Facsimile type seals, invoices, seals on bulk eggs.

Payment of fees for state egg seal facsimiles printed on egg containers shall be made to the department within ten days of the date appearing on the statement rendered by the department indicating that such fees are due. Carton manufacturers supplying egg cartons to egg dealers paying assessment fees on a monthly basis shall remit copies of invoices of carton purchases to the department. Egg seals may be applied to invoices or cards attached to containers when eggs are sold in bulk.

History

Order 1479, § 16-108-030, filed 8/18/76
Order 895, Regulation 3, filed 9/26/62
Order 784, Regulation 3, effective 4/1/59.

Wash. Admin. Code § 16-108-040 Labeling.

Every egg handler or dealer that pays assessments on a monthly basis, in lieu of seals, shall have their permanent dealer's number imprinted upon all containers that require assessment fees as provided by the "Washington Wholesome Eggs and Egg Products Act." The permanent egg handler or dealer's number shall appear on the outside of the container closure, the characters shall be not less than 1/8 inch in height. The numbers shall be preceded by the letters WA- or 53-, which designates the state of Washington.

History

Order 1479, § 16-108-040, filed 8/18/76.

Wash. Admin. Code § 16-108-050 Regulation.

In conformance with the authority set forth in RCW 69.25.170(1) egg seals shall not be required in the sale of eggs by:

(1) Any poultry producer from their own flocks directly to a household consumer exclusively for use by such consumer and members of their household and their nonpaying guests and employees; and

(2) Shell egg packers on their own premises directly to household consumers for use by such consumer and members of their household and their nonpaying guests and employees.

History

Statutory Authority: RCW 69.25.030 and 43.01.160. WSR 24-22-029, s 16-108-050, filed 10/28/24, effective 11/28/24
Order 1489, § 16-108-050, filed 1/31/77, effective 3/7/77.

Chapter 16-125 Farm milk storage tanks and bulk milk tanker—Requirements.

Wash. Admin. Code § 16-125-010 Definitions.

(1) "Director" means the director of the department of agriculture, or their duly authorized representative.

(2) "Bulk milk hauler" means the licensed dairy technician who has primary responsibility for the measuring, weighing, or grading of milk and the collection of samples at the farm.

(3) "Bulk milk hauling" means the transportation of milk or milk products from the producer to a milk processing plant or between milk processing plants, by vehicles belonging to an individual or corporation operating under a bulk milk hauler's license.

(4) "3A standards" means current sanitary standards for dairy equipment and accepted practices as published in the Dairy Food and Environmental Sanitation magazine of the International Association of Milk, Food and Environmental Sanitarians (IAMFES).

History

Statutory Authority: RCW 15.36.020 and 43.01.160. WSR 24-22-030, s 16-125-010, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 15.36.020. WSR 99-18-032, § 16-125-010, filed 8/25/99, effective 9/25/99. Statutory Authority: Chapter 15.36 RCW. WSR 84-18-055 (Order 1840), § 16-125-010, filed 9/5/84
Order 1283, § 16-125-010, filed 1/29/73.

Wash. Admin. Code § 16-125-020 Construction.

All new farm tanks must conform with the 3-A sanitary standards for farm milk cooling and holding tanks. Whenever a ladder or platform is needed for sampling, measuring or other purposes, it must be permanently attached to the tank or a wall. All calibrated rods must be identified with the serial number of the tank. Sight glass tubes must be of one-piece construction and permanently attached to the farm tank. All sight glass tubes must be cleaned with a clean-in-place (C.I.P.) system.

History

Statutory Authority: RCW 15.36.020. WSR 99-18-032, § 16-125-020, filed 8/25/99, effective 9/25/99
Order 1283, § 16-125-020, filed 1/29/73.

Wash. Admin. Code § 16-125-030 Installation.

Before any person installs a new tank or relocates a used tank, they must file drawings and detailed information about where and how the milk storage tank is to be installed with the director. There must be a minimum of two feet clearance between the sides of the tank and the walls of the milkhouse or other permanent equipment and a minimum of three feet on the working side of the tank and at the outlet valve. Adequate additional space necessary for normal milkhouse operations must be provided. There must be at least 30 inches clearance between the top of the pouring tank lip and the ceiling. Adequate space must be provided above the tank to accommodate the measuring rod.

Provisions of the National Bureau of Standards' Handbook 44 Code on Farm Milk Tanks as adopted under chapter 19.94 RCW applicable to installation and use shall be applicable.

History

Statutory Authority: RCW 15.36.020 and 43.01.160. WSR 24-22-030, s 16-125-030, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 15.36.020. WSR 99-18-032, § 16-125-030, filed 8/25/99, effective 9/25/99
Order 1283, § 16-125-030, filed 1/29/73.

Wash. Admin. Code § 16-125-120 Bulk milk tanker requirements.

All bulk milk tankers operating in the state of Washington must comply with the provisions of 3A standard 05-14. Additional requirements are:

(1) Trucks and trailers with remote pumps, mounted on tractor or front trailer, and a system of external hoses and/or piping may be used: Provided, that

(a) External flexible hoses meet the following requirements:

(i) Hoses are the thick walled rubber type and meet 3A standards 18-01, 62-01 and 63-01 except for pump box hoses.

(ii) Hoses are capped with a sanitary cap when not in use.

(b) Piping along the length of the trailer is of the fixed type and meets the following requirements:

(i) The pipe is stainless steel and meets the requirements of 3A standards 63-02 and 33-01. Other materials may be used if they are approved by the Milk Safety Branch of the Food and Drug Administration.

(ii) The sanitary piping is enclosed in an insulated holder and both the sanitary piping and the holder are capped with a dust tight cap when disconnected.

(c) Sanitary air that meets the requirements of 3A standard 64-04 may be used to remove residual milk from the external piping system.

(d) Any milk in the external piping system that exceeds 45 degrees Fahrenheit is discarded.

(e) Adequate facilities must be provided at all receiving stations for the proper cleaning and sanitizing of tankers including the external lines and valves.

(2) All external valves on a tanker must be provided with a means of protection against dust, dirt, and road debris.

(a) Outlet valves must be protected by dust tight covers that will comply with 3A standard 05-14.

(b) Inlet valves and valves with attached hoses must be protected by a relatively dust tight cover. This cover may be:

(i) Stainless steel with an opening for the connection of hoses that is sealed with a flexible material that will prevent the entrance of dust, dirt, or road debris.

(ii) A flexible mounting made of rubber or other approved material that is close fitting, smooth, impervious, and easily removable for cleaning.

(iii) Any other cover for which plans have been submitted to and approved by the director.

(3) Markings on each truck or trailer must be sufficient to identify the owner of the truck or trailer.

(4) Cleaning and bactericidal treatment of all product contact surfaces including valves, hoses, covers, connections, appurtenances, pumps, and pump compartment of each tanker, when used, must be accomplished at least once every 24 hours after first use. If the tanker is not used for hauling milk for 72 hours after cleaning and sanitizing it must be sanitized again before it may be used for hauling milk. After sanitization each tanker must be tagged to show the date washed, place washed, and initials or signature of the person who washed the tanker. This wash tag must not be removed until the tanker is rewashed. It shall be the responsibility of the bulk milk hauler to ensure that the wash tag is present and that the tank is in fact clean prior to commencing their route.

(5) Bulk milk tankers must meet the requirements under chapter 15.130 RCW and the rules adopted thereunder for transportation of food.

History

Statutory Authority: RCW 15.36.020 and 43.01.160. WSR 24-22-030, s 16-125-120, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-125-120, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 15.36.020. WSR 99-18-032, § 16-125-120, filed 8/25/99, effective 9/25/99. Statutory Authority: Chapter 15.36 RCW. WSR 84-18-055 (Order 1840), § 16-125-120, filed 9/5/84.

Wash. Admin. Code § 16-125-200 Recording thermometers—Installation.

(1) All new farm bulk tank installations must include a recording thermometer and an automatic interval timer. Installation of a used milk tank will be regarded as a new installation.

(2) The installation and operation of recording thermometers and interval timers shall be the responsibility of the holder of the Grade A producer permit.

(3) Recording devices must not be attached to a farm tank. Recording devices may be suspended on metal brackets from the ceiling, firmly attached to the inside wall of the milk room, or at any other location acceptable to the department. The recording device must be mounted no more than six feet from the floor or be otherwise accessible from the floor without the necessity of climbing.

(4) The sensor bulb or device must be located so as to record the temperature of the milk in the tank before the milk reaches twenty percent of the tank volume. A capillary system containing toxic gas or liquids must not be used in a bare bulb sensor device.

(5) The recorder and chart must be capable at a minimum of recording from thirty-two degrees to one hundred eighty degrees F, or above, and must be accurate within plus or minus two degrees F.

(6) The case of the recording device must be moisture-proof under operating conditions in the milk house or milk room.

(7) The recording chart must make at a minimum one revolution every seven days. A strip chart must not be used.

(8) The recording clock must be electrically operated. The recorder pen must be set to the actual time.

(9) If at any time, the recording device becomes inoperable or out of tolerance, the inspection service and the pooling agent or hauler must be notified immediately by the producer. Repair or replacement of the device must be made as soon as possible.

(10) The producer must maintain an adequate supply of recording charts. The charts must fit the specific instrument installed.

(11) To prevent stratification of the milk in the tank the interval timer must be set so the milk will be agitated for at least five minutes every hour.

History

Statutory Authority: RCW 15.36.020. WSR 99-18-032, § 16-125-200, filed 8/25/99, effective 9/25/99. Statutory Authority: Chapter 15.36 RCW. WSR 86-17-014 (Order 1902), § 16-125-200, filed 8/8/86.

Wash. Admin. Code § 16-125-210 Recording thermometer—Operation.

(1) Milk and milk products for consumption in the raw state or for pasteurization must be cooled to 40 degrees F or lower within two hours after completion of milking and maintained at that temperature until picked up: Provided, that the blend temperature after the first and subsequent milkings may not exceed 50 degrees F.

(2) In making a milk pick-up, the licensed grader and sampler must:

(a) Remove the chart from the recorder before the chart has lapsed;

(b) Mark the date and time of pick-up;

(d) Date and install a new chart, if necessary;

(e) File the completed charts under protected conditions, provided for by the producer, unless they are taken to the purchaser's premises for their review.

(f) If the charts are taken from the dairy farm, they must be returned within 10 days from the date they were taken: Provided, that subject to the approval of its members and the department, a pooling agent, processing plant, receiving plant or regular place of business may file the recording thermometer charts at its place of business.

(g) The official milk temperature must be taken with an accurate, properly calibrated thermometer.

(3) The temperature recording charts may be used for more than one pick-up: Provided, that all the pick-ups occur within the maximum time interval of the chart. When the chart is used for more than one pick-up, the licensed grader and sampler must identify each lot of milk with the date, time of pick-up and their signature.

(4) Before removing milk from a farm bulk tank, the licensed grader and sampler must check the recording chart. If the licensed grader and sampler finds milk temperature variations extending beyond the legal limits, they must immediately notify the producer, or in the absence of the producer, an employee, and the producer's marketing agent. The licensed grader and sampler must sign the chart noting the date, time, stick reading and indicate that a temperature infraction has occurred. The producer's marketing agent must notify the department of agriculture of temperature standard violations detected through the official milk quality testing program. Temperature standard violations reported to the department will become part of the producer's official record.

(5) Except as otherwise provided in subsection (2) of this section, recorder charts must be held at the dairy farm for 90 days and be made available to the director.

History

Statutory Authority: RCW 15.36.020 and 43.01.160. WSR 24-22-030, s 16-125-210, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 15.36.020. WSR 99-18-032, § 16-125-210, filed 8/25/99, effective 9/25/99. Statutory Authority: Chapter 15.36 RCW. WSR 86-17-014 (Order 1902), § 16-125-210, filed 8/8/86.

Chapter 16-129 Labeling and advertising of products resembling genuine dairy products.

Wash. Admin. Code § 16-129-050 Requirements for signs in theatres or other commercial food service establishments which prepare and sell popcorn for human consumption at the point of sale.

(1) Popcorn flavored with butter - Sign shall be in a conspicuous location of durable material in contrasting letters not less than 3/4 inch high stating "Flavored with butter" or words to that effect.

(2) Popcorn flavored in semblance of butter - Sign shall be in a conspicuous location of durable material in contrasting letters not less than 3/4 inch high stating "Imitation butter flavor" and listing the ingredients contained in the flavor in contrasting letters not less than 1/2 inch high in descending order of predominance.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-129-050, filed 8/6/20, effective 9/6/20. Statutory Authority: Chapter 69.04 RCW. WSR 86-21-007 (Order 1910), § 16-129-050, filed 10/3/86.

Chapter 16-130 Direct sellers.

Wash. Admin. Code § 16-130-010 Purpose of this chapter.

The purpose of this chapter is to implement RCW 15.130.400 by establishing rules relating to the issuance of licenses to operate as a direct seller and to establish the requirements that apply to direct sellers.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-130-010, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.04.345 and chapter 34.05 RCW. WSR 14-23-053, § 16-130-010, filed 11/17/14, effective 12/18/14.

Wash. Admin. Code § 16-130-020 Definitions.

(1) In addition to the definitions contained in this section, the definitions found in chapters 15.130 and 69.07 RCW, chapters 16-165, 16-167, and 246-215 WAC, and Title 21 of the Code of Federal Regulations may apply.

(2) For the purposes of this chapter, the following definitions apply:

"Department" means the department of agriculture.

"Direct seller" means an entity licensed by the department that receives prepackaged food from a food processor that is either licensed or inspected, or both, by a state or federal regulatory agency or the department and that delivers the food directly to consumers clients who only placed and paid for an order on the entity's website, as long as:

(a) The food is delivered by the entity without opening the processor's original packaging and without dividing it into smaller packages;

(b) There is no interim storage by the entity; and

(c) The food is delivered by means of vehicles that are equipped with either refrigeration or freezer units, or both, and that meet the requirements of rules authorized by this chapter.

"Director" means the director of the department of agriculture.

"Food handling area" means all premises and facilities utilized for food transport by a direct seller.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-130-020, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.04.345 and chapter 34.05 RCW. WSR 14-23-053, § 16-130-020, filed 11/17/14, effective 12/18/14.

Wash. Admin. Code § 16-130-030 Direct seller license applications.

(1) All direct sellers must be licensed annually by the department. Licenses expire on December 31st following issuance except that licenses issued during 2014 will not expire until December 31, 2015.

(2) Applications for new and renewal licenses must be submitted on the form provided by the department, and must include:

(a) A completed application form;

(b) The physical address of the business premises within the state of Washington of the direct seller where required records will be maintained;

(c) A current list of all leased, rented or owned vehicles, other than vehicles that are rented for less than forty-five days, intended for use within Washington state by the direct seller to deliver food; and

(d) An annual license fee of five thousand four hundred dollars.

(3) The department will not refund license fees after receipt of a direct seller license or renewal license application.

(4) Prior to licensing, the department may inspect the vehicles and food handling areas of the direct seller to determine them to be in compliance with the requirements of chapter 15.130 RCW and this rule.

(5) Until a license is issued by the department, direct sellers must comply with all applicable permitting requirements contained in food service establishment rules adopted by the state board of health and any local health jurisdiction.

(6) To obtain an application for a direct seller license, contact the department at:

Washington State Department of Agriculture

Food Safety Consumer Services Division

P.O. Box 42560

Olympia, WA 98504-2560

Phone: 360-902-1876

Fax: 360-902-2087

Website: http://agr.wa.gov.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-130-030, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.04.345 and chapter 34.05 RCW. WSR 14-23-053, § 16-130-030, filed 11/17/14, effective 12/18/14.

Wash. Admin. Code § 16-130-040 Direct sell requirements.

(1) The license or a copy of the license must be present in all vehicles and food handling areas utilized by the direct seller.

(2) Direct sellers must maintain all areas of vehicles utilized for food transportation and food handling areas in a sanitary manner. Vehicles and food handling areas must be kept clean and inspected each day by the direct seller.

(3) Direct sellers must keep records to document daily cleaning and sanitary inspections of vehicles and food handling areas. Records of daily vehicle inspections must be maintained with the vehicle for the previous thirty days. Food handling area inspection records and vehicle inspection records older than thirty days must be maintained by the direct seller at the direct seller's business premises for twelve months. Vehicle and package temperature logs must be maintained by the direct seller at the direct seller's business premises for twelve months.

(4) Direct sellers are required to protect food from contaminations while in transport.

(a) Food must be transported under conditions that protect food against physical, chemical and microbial contamination.

(b) Food must be protected against deterioration of the food and its container.

(c) Food must be kept in a temperature controlled environment to adequately protect the food from deterioration or degradation and to minimize microbial growth. Refrigerated food temperatures must be maintained at forty-one degrees Fahrenheit or below, and frozen food temperatures must be maintained at thirty-two degrees Fahrenheit or below at all times and a food labeled frozen by the food processor must be received frozen by the consumer.

(d) Ensure the separation of raw materials, including raw seafood, meat, poultry and raw fruits and vegetables in a fashion to avoid cross-contamination of other food products, particularly ready-to-eat foods.

(e) Raw materials may not come in direct contact with other food in the same container or in any other cross-contaminating circumstances.

(5) The direct seller must maintain the following records at the direct seller's business premises and make available for inspection by the department:

(a) A current list of all leased, rented or owned vehicles, other than vehicles that are rented for less than forty-five days, intended for use in Washington state by the direct seller to deliver food;

(b) All records of vehicles intended for use in Washington state rented for less than forty-five days for at least twelve months following the termination of the rental period;

(c) Temperature logs of all vehicles and packages in real time for all food while in transport from initial pickup to delivery;

(d) Consumer client lists indicating what products were purchased, when products were delivered, and location where the product was delivered to consumer client;

(e) Records of product purchases that are offered or sold to consumer clients that include manufacturer of product, distributor of product, date and time of receipt of product by direct seller, and date and time of delivery of product by direct seller; and

(f) Records indicating disposition of any products not sold or received by consumer clients.

(6) All records required under this section must be:

(a) Maintained so that the information they intend to convey is clear and understandable;

(b) Available to the department upon request at the direct seller's business premises or in a vehicle as applicable; and

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-130-040, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.04.345 and chapter 34.05 RCW. WSR 14-23-053, § 16-130-040, filed 11/17/14, effective 12/18/14.

Wash. Admin. Code § 16-130-050 Inspections.

(1) The department will conduct routine inspections of all vehicles, food handling areas, refrigeration equipment, and product packaging used by the direct seller.

(2) The department will conduct audits of all required records including cleaning and sanitary inspections, temperature logs, lists of all leased, rented or owned vehicles, vehicle rental records, purchases, sales, and other food handling and sanitation records as appropriate.

(3) During an investigation, the department may sample food products transported by the direct seller for laboratory testing to ensure food is being handled and maintained in a safe and sanitary manner.

(4) The department may inspect the records, vehicles, food handling areas, refrigeration equipment, and product packaging used by a direct seller whenever the department has reason to believe the direct seller is in violation of the requirements of chapter 15.130 RCW or this chapter. Inspections will be made at reasonable times and, when possible, during regular business hours.

(5) The department will investigate any complaints against a direct seller for violations of chapter 15.130 RCW or this chapter, or for otherwise failing to maintain and distribute food in a safe and sanitary manner.

(6) The department may inspect records, vehicles, food handling areas, refrigeration equipment, and product packaging used by a direct seller in response to a food recall, foodborne illness outbreak, consumer complaint, other public health emergency, or when required by federal, state or local regulation. In such situations, the direct seller will provide to the department its customer list and all known contact information. The direct seller must notify customers of a recall, foodborne illness outbreak, or other relevant event when directed by the department.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-130-050, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.04.345 and chapter 34.05 RCW. WSR 14-23-053, § 16-130-050, filed 11/17/14, effective 12/18/14.

Wash. Admin. Code § 16-130-060 Suspension, revocation, and denial of registrations.

(1) A direct seller license and applications for direct seller licenses are governed by the procedures set forth in chapter 34.05 RCW.

(2) The director may deny, suspend, or revoke a direct seller application or license if it is determined that an applicant or direct seller has committed any of the following acts:

(a) Refused, neglected, or failed to comply with the provisions of chapter 15.130 RCW, the rules adopted under this chapter, or any order issued by the director;

(b) Refused, neglected, or failed to keep and maintain required records;

(d) Refused the department access to any portion or area of vehicles, food handling areas, refrigeration equipment, and product packaging used by a direct seller; or

(e) Failure to submit an application for a license meeting the requirements of this chapter or failure to pay the annual license or renewal fee.

(3) The director may summarily suspend a license issued under this chapter if the director finds that a direct seller is operating under conditions that constitute an immediate danger to public health or if the director is denied access to the records, vehicles, food handling areas, refrigeration equipment, and product packaging used by a direct seller where the access was sought for the purposes of enforcing or administering this chapter.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-130-060, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.04.345 and chapter 34.05 RCW. WSR 14-23-053, § 16-130-060, filed 11/17/14, effective 12/18/14.

Chapter 16-131 Cannabis-infused edibles.

Wash. Admin. Code § 16-131-010 Purpose of this chapter.

The purpose of this chapter is to establish rules pursuant to chapter 69.07 RCW relating to:

(1) Procedures to obtain and maintain a cannabis-infused edible endorsement;

(2) Requirements for cannabis-infused edible processing facilities; and

(3) Requirements for cannabis-infused edible labeling.

History

Statutory Authority: RCW 69.07.020 and 2022 c 16. WSR 24-01-035, § 16-131-010, filed 12/11/23, effective 1/11/24. Statutory Authority: RCW 69.07.020, 69.07.200, and chapter 34.05 RCW. WSR 18-05-010, § 16-131-010, filed 2/8/18, effective 4/1/18.

Wash. Admin. Code § 16-131-020 Definitions.

In addition to the definitions in RCW 69.07.010, the following definitions apply to this chapter:

"CIE" has the same meaning as "cannabis-infused edible" in RCW 69.07.010.

"CIE processing" means the same as "cannabis-infused edible processing" in RCW 69.07.010. The term includes all activities covered by "food processing" under RCW 69.07.010. The term also includes packaging of CIEs and bottling operations (preparing bottles, filling, and capping).

"CIE processing facility" means the room or rooms where CIEs are processed.

"CIE processor" means a person who holds a CIE endorsement.

"WSLCB" means the same as "board" in RCW 69.07.010; the state liquor and cannabis board.

History

Statutory Authority: RCW 69.07.020 and 2022 c 16. WSR 24-01-035, § 16-131-020, filed 12/11/23, effective 1/11/24. Statutory Authority: RCW 69.07.020, 69.07.200, and chapter 34.05 RCW. WSR 18-05-010, § 16-131-020, filed 2/8/18, effective 4/1/18.

Wash. Admin. Code § 16-131-030 General requirements.

(1) For initial authorization to produce CIEs, a person must obtain a CIE endorsement as provided under RCW 69.07.200 and WAC 16-131-040.

(2) A CIE processor must comply with all laws to which other food processors are subject including, but not limited to, chapter 69.07 RCW, Washington Food Processing Act, chapter 16-165 WAC, Food inspection, and chapter 16-167 WAC, Intrastate commerce in foods.

(3) A CIE processor in good standing may renew an endorsement through the department of revenue as provided in RCW 69.07.200.

(4) A person must hold a CIE endorsement and obtain the department's approval of each CIE as provided in WAC 16-131-050 before offering the CIE for sale.

(5) All communication in connection with CIEs from an applicant or endorsement holder to the department must reference the applicant or endorsement holder's WSLCB license number and the name under which the WSLCB license is held.

(6) A CIE endorsement is valid for only one location.

(7) CIE processing facilities must comply with all applicable state, county, and municipal laws and ordinances that apply to conducting business in the CIE processing facility location.

History

Statutory Authority: RCW 69.07.020 and 2022 c 16. WSR 24-01-035, § 16-131-030, filed 12/11/23, effective 1/11/24. Statutory Authority: RCW 69.07.020, 69.07.200, and chapter 34.05 RCW. WSR 18-05-010, § 16-131-030, filed 2/8/18, effective 4/1/18.

Wash. Admin. Code § 16-131-040 Initial application requirements.

(1) Persons seeking to produce CIEs must apply to the department of revenue as required under RCW 69.07.200. The initial endorsement is not valid until the department approves the applicant's submittals required under this section, inspects the CIE processing facility, and determines that the applicant and facility substantially complies with applicable laws and regulations.

(2) Once the department receives the endorsement application from department of revenue's business licensing service, the department will contact the applicant and provide electronic copies of required forms for the applicant to complete.

(3) Before the department will begin evaluation of an initial application, the applicant must submit the following:

(a) Full facility plans as required under WAC 16-131-090;

(b) A detailed floor plan or diagram of the CIE processing facility as required under WAC 16-131-090;

(d) Documentation verifying that the water supply meets standards in WAC 16-165-130.

(4) Once the department determines that an initial applicant's submittal is complete and satisfactory, the department will contact the applicant to schedule an inspection. The CIE processing facility must be production ready at the time of inspection; perishable ingredients are not required to be in stock.

(5) Following the inspection, the department will notify the applicant of its decision to approve or deny the endorsement. If approving the endorsement, the department will identify the CIE products approved for processing.

History

Statutory Authority: RCW 69.07.020 and 2022 c 16. WSR 24-01-035, § 16-131-040, filed 12/11/23, effective 1/11/24. Statutory Authority: RCW 69.07.020, 69.07.200, and chapter 34.05 RCW. WSR 18-05-010, § 16-131-040, filed 2/8/18, effective 4/1/18.

Wash. Admin. Code § 16-131-050 CIE approval.

(1) A CIE is specific to its form, formulation and ingredients, including color and flavor. The same formulation and ingredients in different forms (for example, powder and solid forms) are different CIEs.

(2) A person must obtain the department's review and approval for each CIE before offering it for sale.

(3) A person must provide the following information to the department in electronic format for each proposed CIE product:

(a) The product name;

(b) A complete and accurate list of ingredients;

(d) A description of the packaging; and

(e) A copy of the proposed ingredient label conforming to WAC 16-131-060.

(4) The department will approve only the types of CIEs that comply with WAC 16-131-070.

(5) Any change in the ingredients of an approved CIE requires department review and approval as provided in subsection (2) of this section.

(6) The department may require another facility inspection if a newly proposed or reformulated CIE introduces a new type of processing in the CIE processing facility. For example, the department will require a new inspection if a facility that previously produced baked goods proposes to add a bottled beverage CIE.

History

Statutory Authority: RCW 69.07.020 and 2022 c 16. WSR 24-01-035, § 16-131-050, filed 12/11/23, effective 1/11/24. Statutory Authority: RCW 69.07.020, 69.07.200, and chapter 34.05 RCW. WSR 18-05-010, § 16-131-050, filed 2/8/18, effective 4/1/18.

Wash. Admin. Code § 16-131-060 CIE labeling.

(1) CIE processors must submit a copy of the proposed ingredient label for each CIE to the department for approval. The proposed ingredient label may not be used without the department's written approval.

(2) CIE product labels must comply with the WSLCB's packaging and labeling requirements under chapter 314-55 WAC and, for the purposes of the CIE endorsement, additionally display:

(a) A statement of ingredients as specified under 21 C.F.R. 101.4 (2017). The ingredient statement must identify sulfites, if present, as required under 21 C.F.R. 101.100 (2017) and the names of Food and Drug Administration certified color additives such as FD&C Yellow 5 and the like, if present.

(b) Allergens (milk, egg, fish, crustacean shellfish, tree nuts, wheat, peanuts, soybeans) as specified under the Food Allergen Labeling and Consumer Protection Act of 2004 (P.L. 108-282, Title II).

(3) The following sample label illustrates the ingredient and allergen labeling requirements:

Chocolate Peanut Butter Walnut Brownie

Ingredients: Brown Sugar (Sugar, Invert sugar, Cane molasses), All-purpose flour (Wheat flour, Niacin, Reduced iron, Thiamine mononitrate, Riboflavin, Folic acid), Milk chocolate (Sugar, Whole milk powder, Cocoa butter, Cocoa mass, Soy lecithin, Vanilla), Peanut Butter (Peanuts, Sugar, Molasses, Hydrogenated vegetable oil, Mono and diglycerides, Salt), Chopped Walnuts, Dextrose, Salt, Artificial Flavoring, Leavening (Sodium bicarbonate), Cannabis Extract.

CONTAINS: Milk, Peanuts, Soy, Walnuts, Wheat

History

Statutory Authority: RCW 69.07.020 and 2022 c 16. WSR 24-01-035, § 16-131-060, filed 12/11/23, effective 1/11/24. Statutory Authority: RCW 69.07.020, 69.07.200, and chapter 34.05 RCW. WSR 18-05-010, § 16-131-060, filed 2/8/18, effective 4/1/18.

Wash. Admin. Code § 16-131-070 CIE product types.

(1) All CIEs must comply with WAC 314-55-077.

(2) The department will not approve a CIE for commercial sale unless it complies with WAC 314-55-077 and is a low hazard food that typically does not support bacterial or toxigenic growth. Such foods include, but are not limited to:

(a) Baked goods that do not require refrigeration such as cookies, brownies, fruit pies and fruit tarts;

(b) Candies and chocolates;

(c) Stove top treats, which are candies or confections made from sugar or syrup to which flavorings and/or colorants are added such as molded chocolates, fruit rolls, roasted coated nuts, and nonbaked bars or granola products;

(d) Flavored water beverages (like vitamin style waters), carbonated beverages, and lemonade style beverages. Product safety is formulation dependent; the department may reject some formulations as potentially hazardous;

(e) Dry mixes such as coffee granules, leaf tea, soup mixes, beverage mixes, and seasonings;

(f) Jams, jellies, and related products made in accordance with 21 C.F.R. Part 150;

(g) Roasted nut butters, such as peanut butter, almond butter, etc;

(h) Honey and syrups;

(i) Vinegars, tinctures, and tonics. If infused with dried cannabis, the processor must strain and entirely remove all plant parts and particulates from the final product. Use of other plant parts and particulates for infusion, such as herbs and garlic, is prohibited (see WAC 314-55-077);

(j) Tablets and capsules.

(3) A processor may infuse oils or fats (canola oil, olive oil, coconut oil, butter, etc.) with cannabis and use such for preparation of CIEs intended for sale. Retail sale of CIE oils and fats is prohibited. Use of other plant parts and particulates for infusion in oils and fats, such as herbs and garlic, that is intended for use in production of retail CIEs is prohibited (see WAC 314-55-077 and 314-55-104).

(4) The department will not approve a CIE for commercial sale if it is a potentially hazardous food. The following nonexhaustive list includes foods prohibited as CIEs:

(a) Any food that must be temperature controlled (frozen, refrigerated, hot holding) for food safety (see WAC 314-55-077);

(b) Foods that required acidification to assure food safety (for example, ready-to-drink tea and barbecue sauce) (see WAC 314-55-077);

(d) Dairy products of any kind such as butter, cheese, ice cream, or milk (see WAC 314-55-077);

(e) Fruit or vegetable juices, except shelf stable concentrates (see WAC 314-55-077);

(f) Oils and vegetable butters (see WAC 314-55-077);

(g) Pies containing egg such as pumpkin or custard (see WAC 314-55-077);

(h) Dried or cured meats (see WAC 314-55-077);

(i) Jams, jellies, and related products with sugar to fruit ratio less than provided by 21 C.F.R. Part 150.

History

Statutory Authority: RCW 69.07.020 and 2022 c 16. WSR 24-01-035, § 16-131-070, filed 12/11/23, effective 1/11/24. Statutory Authority: RCW 69.07.020, 69.07.200, and chapter 34.05 RCW. WSR 18-05-010, § 16-131-070, filed 2/8/18, effective 4/1/18.

Wash. Admin. Code § 16-131-080 CIE processing.

(1) All CIE processing must take place in the CIE processing facility. A CIE intended for retail sale must leave the CIE processing facility in sealed consumer packaging.

(2) Processing plans for each CIE and operation of the CIE processing facility must comply with all laws applicable to food processing under chapter 69.07 RCW.

(3) All ingredients must be from approved sources, meaning the food ingredients are from a source that a regulatory authority routinely and regularly inspects. Whole raw agricultural commodities are exempt from approved source requirements.

History

Statutory Authority: RCW 69.07.020 and 2022 c 16. WSR 24-01-035, § 16-131-080, filed 12/11/23, effective 1/11/24. Statutory Authority: RCW 69.07.020, 69.07.200, and chapter 34.05 RCW. WSR 18-05-010, § 16-131-080, filed 2/8/18, effective 4/1/18.

Wash. Admin. Code § 16-131-090 CIE processing facilities.

(1) Facilities plans. CIE processors must maintain current, to scale, and legible floor plans of the CIE processing facility. At a minimum, the plans must include:

(a) A plan showing the entire facility subject to the cannabis processor license and indicating the CIE processing facility. An applicant may use plans submitted for the cannabis processor license to meet this requirement provided the plans clearly identify the CIE processing facility.

(b) A detailed floor plan, which may be a hand drawn diagram if to scale and legible, showing room dimensions, fixtures (sinks, counters, etc.), equipment (refrigeration units, range/stove, oven, stand-alone processing equipment, etc.), storage shelves/racks (for edible ingredients, utensils, packaging supplies, cleaning supplies), and floor drain, if required. Applicant must identify the finished surfaces of the ceiling, walls, and floor on the floor plan/diagram or in a separate document.

(2) CIE facility requirements. CIE processing facilities must comply with all laws applicable to food processing under chapter 69.07 RCW and the following:

(a) The CIE processing facility must be entirely enclosed (walls, ceiling, and doors) and separate from other parts of the facility subject to the cannabis processor license;

(b) Toilet room doors must not open directly into the CIE processing facility or adjacent air space. This requirement may be met with double doors or with an air management system;

(3) CIE processors must notify the department of any proposed significant changes to the required floor plans.

History

Statutory Authority: RCW 69.07.020 and 2022 c 16. WSR 24-01-035, § 16-131-090, filed 12/11/23, effective 1/11/24. Statutory Authority: RCW 69.07.020, 69.07.200, and chapter 34.05 RCW. WSR 18-05-010, § 16-131-090, filed 2/8/18, effective 4/1/18.

Wash. Admin. Code § 16-131-100 Inspections.

(1) CIE processors must allow access to the department for inspections and to collect samples as required under RCW 69.07.080 and as otherwise authorized by law. The department must have access to the CIE facility and the entire facility subject to the cannabis processors license, including exterior of the building and grounds, to the extent that these may affect the safety of CIEs produced in the CIE facility.

(2) The department will use the same inspection procedures and protocols used for inspections of all food processors licensed under chapter 69.07 RCW. This includes unscheduled and unannounced inspections.

History

Statutory Authority: RCW 69.07.020 and 2022 c 16. WSR 24-01-035, § 16-131-100, filed 12/11/23, effective 1/11/24. Statutory Authority: RCW 69.07.020, 69.07.200, and chapter 34.05 RCW. WSR 18-05-010, § 16-131-100, filed 2/8/18, effective 4/1/18.

Wash. Admin. Code § 16-131-110 Suspension, revocation, and denial of endorsement and penalties.

(1) The department may suspend, revoke, or deny a CIE endorsement in accordance with RCW 69.07.060.

(2) The department may impose penalties on any person who processes, advertises, or distributes CIEs without a CIE endorsement. Each of the following is a distinct and separate violation:

(a) Processing CIEs without a valid CIE endorsement;

(b) Advertising or distributing CIEs processed without a valid CIE endorsement;

(3) For violations under an endorsement, the department may impose civil penalties in conformance with the penalty assignment schedules in this section and chapter 16-139 WAC, excluding WAC 16-139-020, 16-139-030, and 16-139-040.

(4) CIE penalty assignment schedules:

Table 1. CIE Penalties for Processing, Advertising, or Distributing Without a Valid CIE Endorsement

| PENALTY | | --- | | $1,000 per day per violation |

Table 2. CIE Penalties for Number of Critical Violations in a 3-Year Period

| VIOLATION | PENALTY | | | --- | --- | --- | | Risk of Adulteration | | | | Potential | Probable | | | First | $1,000 and 4-day suspension | $5,000 and 14-day suspension | | Second | $2,000 and 8-day suspension | $5,000 and 30-day suspension | | Third | $4,000 and 16-day suspension | $5,000 and revocation |

Table 3. CIE Penalties for Number of Significant Violations in a 3-Year Period

| VIOLATION | PENALTY | | | --- | --- | --- | | Risk of Adulteration | | | | Potential | Probable | | | First | $500 and 2-day suspension | $1,000 and 4-day suspension | | Second | $1,000 and 4-day suspension | $2,000 and 8-day suspension | | Third | $2,000 and 8-day suspension | $4,000 and 16-day suspension |

Table 4. CIE Penalties for Number of Economic or Other Violations in a 3-Year Period

| VIOLATION | PENALTY | | | --- | --- | --- | | Unknowing | Knowing | | | First | $500 and 2-day suspension | $1,000 and 4-day suspension | | Second | $1,000 and 4-day suspension | $2,000 and 6-day suspension | | Third | $1,500 and 6-day suspension | $5,000 and 20-day suspension |

History

Statutory Authority: RCW 69.07.020 and 2022 c 16. WSR 24-01-035, § 16-131-110, filed 12/11/23, effective 1/11/24. Statutory Authority: RCW 69.07.020, 69.07.200, and chapter 34.05 RCW. WSR 18-05-010, § 16-131-110, filed 2/8/18, effective 4/1/18.

Chapter 16-139 Penalties.

Wash. Admin. Code § 16-139-001 Promulgation and purpose.

This chapter is promulgated by the director of agriculture for the purpose of establishing fair, uniform and equitable means for assessing civil penalties and licensing actions authorized under RCW 16.49.444, 19.32.060, 69.07.060, 69.07.110, 69.07.150(2), 69.10.030, 69.10.050, and 15.130.555. The rules adopted in WAC 16-139-005 through 16-139-060 apply to violations of chapters 16.49 RCW (Custom slaughtering), 19.32 RCW (Food lockers), 69.07 RCW (Washington Food Processing Act), 69.10 RCW (Food storage warehouses), and 15.130 RCW (Food Safety and Security Act). The director also declares:

(1) Education and technical assistance play an important role in the prevention, correction or abatement of food safety violations and are the department's preferable alternative to regulatory action. However, at times regulatory action is necessary to deter violations of food safety laws and rules, to educate persons about the consequences of such violations, and to compel compliance with food safety laws for the protection of consumers. The department initiates such actions when educational measures, technical assistance, warning letters, compliance agreements or other remedial measures fail to achieve compliance; and

(2) Any regulatory action taken by the department against any person who violates the provisions of chapters 16.49, 69.07, 69.10, and 15.130 RCW, and rules adopted thereunder shall be commensurate with the seriousness of the violation under the circumstances; and

(3) Each person shall be treated fairly in accordance with the rules set forth in this chapter.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-139-001, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 16.49.680, 19.32.030, 69.04.730, 69.07.020 and 69.10.055. WSR 98-02-023, § 16-139-001, filed 12/31/97, effective 1/31/98.

Wash. Admin. Code § 16-139-005 Definitions.

(1) Definitions:

(a) "Violation" means commission of an act or acts prohibited by chapter 16.49, 69.07, 69.10, or 15.130 RCW, including rules adopted under them.

(b) "Prior violation" means the same or a similar violation committed by a person within the previous three years.

(c) "Critical violation" means a violation resulting in food adulteration that could cause injury or illness in consumers or that has the potential to contribute to conditions resulting in such adulteration.

(d) "Significant violation" means a violation resulting in food adulteration or food being prepared under unsanitary conditions not apparently related to a public health danger or that has the potential to contribute to conditions resulting in such adulteration and if not corrected could lead to a critical violation.

(e) "Economic violation" means a violation which affects the purchaser economically, either due to misbranding or adulteration where inferior or substandard quality product is substituted, by hiding defects or by false or misleading labeling.

(f) "Other violation" means a violation of chapter 16.49, 69.07, 69.10, or 15.130 RCW, not covered under the penalty schedules in WAC 16-139-020 or 16-139-030, including, but not limited to, violation of embargo, mutilation of embargo notices, sale of food from an unlicensed processor, operating without a required license, refusal of inspection or access, interference with the director or the director's designee, or economic and labeling violations.

(g) "Same," with respect to violations, means an identical recurrence or an exact repetition of a previous violation, or a continuation of a previous violation.

(h) "Similar," with respect to violations, means related in appearance or nature; alike though not identical.

(i) "Knowingly" means that the alleged violator had previous warning, knew or reasonably should have known that a condition could result in adverse effects or that a violation would occur.

(j) "Potential," with respect to violations, means that a violation may result in food adulteration or a risk to health or that the violation supports conditions that may contribute to food adulteration or a risk to health.

(k) "Probable," with respect to violations, means that a violation is reasonably likely to result in food adulteration or a risk to health.

(2) Additional definitions for terms used in this chapter are found in the following provisions of law:

(a) Food Safety and Security Act, chapter 15.130 RCW.

(b) Washington Food Processing Act, chapter 69.07 RCW.

(c) Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventative Controls for Human Food, Title 21, Code of Federal Regulations, Chapter 1, Subchapter B, Part 117.

(d) Food storage warehouses, chapter 69.10 RCW.

(e) Custom Slaughter Act, chapter 16.49 RCW.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-139-005, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 16.49.680, 19.32.030, 69.04.730, 69.07.020 and 69.10.055. WSR 98-02-023, § 16-139-005, filed 12/31/97, effective 1/31/98.

Wash. Admin. Code § 16-139-010 Calculation of penalty.

(1) Median penalty selection. In the disposition of administrative cases, the department shall determine the penalty as follows:

(a) The department shall first determine the correct penalty assignment schedule table listed in either WAC 16-139-020 (critical violations), WAC 16-139-030 (significant violations), or WAC 16-139-040 (economic and other violations), that is applied based on the type of violation alleged.

(b) The department shall then determine the penalty range based on whether there have been prior violations in last three years.

(i) The probability of a violation causing a risk to health under WAC 16-139-020 (critical violations); or

(ii) The probability of a violation resulting in food adulteration under WAC 16-139-030 (significant violations); or

(iii) Whether the violation was knowing under WAC 16-139-040 (economic and other violations).

(d) The scheduled penalty is then applied unless a proportionate adjustment is made. In no case will a penalty less than the minimum penalty listed for the violation be applied.

(2) Proportionate adjustment of median penalty. The department reserves the right to proportionately increase the civil penalty and proportionately decrease the licensing action under certain circumstances. Such circumstances include situations where licensing action as a deterrent is ineffective and includes, but is not limited to, violations by persons who are not licensed. Likewise, the department reserves the right to proportionately decrease the civil penalty and proportionately increase the licensing action when circumstances in a particular case demonstrate the ineffectiveness of a civil penalty action as a deterrent.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-139-010, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 16.49.680, 19.32.030, 69.04.730, 69.07.020 and 69.10.055. WSR 98-02-023, § 16-139-010, filed 12/31/97, effective 1/31/98.

Wash. Admin. Code § 16-139-020 Penalty assignment schedule—Critical violations.

| level | degree of risk to health | penalty | | --- | --- | --- | | 1st Violation in a 3-year period | a. potential | $200 and 2-day license suspension | | | b. probable | $1000 and 7-day license suspension | | 2nd Violation in a 3-year period | a. potential | $400 and 4-day license suspension | | | b. probable | $1000 and 14-day license suspension | | 3rd Violation in a 3-year period | a. potential | $800 and 8-day license suspension | | | b. probable | $1000 and 30-day license suspension |

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-139-020, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 16.49.680, 19.32.030, 69.04.730, 69.07.020 and 69.10.055. WSR 98-02-023, § 16-139-020, filed 12/31/97, effective 1/31/98.

Wash. Admin. Code § 16-139-030 Penalty assignment schedule—Significant violations.

| level | potential for food adulteration | penalty | | | --- | --- | --- | --- | | 1st Violation in a 3-year period | | a. potential | $100 and 1-day license suspension | | | | b. probable | $200 and 2-day license suspension | | 2nd Violation in a 3-year period | | a. potential | $200 and 2-day license suspension | | | | b. probable | $400 and 4-day license suspension | | 3rd Violation in a 3-year period | | a. potential | $400 and 4-day license suspension | | | | b. probable | $800 and 8-day license suspension |

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-139-030, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 16.49.680, 19.32.030, 69.04.730, 69.07.020 and 69.10.055. WSR 98-02-023, § 16-139-030, filed 12/31/97, effective 1/31/98.

Wash. Admin. Code § 16-139-040 Penalty assignment schedule—Economic and other violations of chapters 16.49, 69.07, 69.10, and 15.130 RCW.

| level | degree of knowledge of violation | penalty | | | --- | --- | --- | --- | | 1st Violation in a 3-year period | | a. unknowing | $100 and 1-day license suspension | | | | b. knowing | $200 and 2-day license suspension | | 2nd Violation in a 3-year period | | a. unknowing | $200 and 2-day license suspension | | | | b. knowing | $400 and 4-day license suspension | | 3rd Violation in a 3-year period | | a. unknowing | $300 and 3-day license suspension | | | | b. knowing | $1000 and 10-day license suspension |

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-139-040, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 16.49.680, 19.32.030, 69.04.730, 69.07.020 and 69.10.055. WSR 98-02-023, § 16-139-040, filed 12/31/97, effective 1/31/98.

Wash. Admin. Code § 16-139-050 Other dispositions of alleged violations.

Nothing herein shall prevent the department from:

(1) Choosing not to pursue a case administratively.

(2) Issuing a notice of correction in lieu of pursuing administrative action.

(3) Negotiating settlement(s) of cases on such terms and for such reasons as it deems appropriate. Prior violation(s) covered by a prior settlement agreement may be used by the department for the purpose of determining the appropriate penalty for the current alleged violation(s) if not prohibited by the agreement.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-139-050, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 16.49.680, 19.32.030, 69.04.730, 69.07.020 and 69.10.055. WSR 98-02-023, § 16-139-050, filed 12/31/97, effective 1/31/98.

Wash. Admin. Code § 16-139-060 Disposition of collected penalty money.

Money collected by the department as civil penalties for violation of chapters 16.49, 69.10, and 15.130 RCW shall be directed to the state general fund. Money collected by the department as civil penalties for violations of chapter 69.07 RCW shall be utilized for food processing industry technical advisement and assistance in meeting food safety regulations and requirements and food safety education and training of food safety program personnel.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-139-060, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 16.49.680, 19.32.030, 69.04.730, 69.07.020 and 69.10.055. WSR 98-02-023, § 16-139-060, filed 12/31/97, effective 1/31/98.

Chapter 16-142 Perishable packaged food goods—Pull dating.

Wash. Admin. Code § 16-142-100 Purpose of rule.

The purpose for this rule is to establish uniform standards for pull date labeling and safe storage conditions for perishable packaged food goods as described in RCW 15.130.300.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-142-100, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.04.915. WSR 99-13-048, § 16-142-100, filed 6/9/99, effective 7/10/99.

Wash. Admin. Code § 16-142-110 Purpose of pull dates.

The purpose for pull dates is to inform the consumer of the expected length of shelf life for perishable packaged foods in order to allow them a reasonable amount of time to use the product under proper care and storage conditions.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-142-110, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.04.915. WSR 99-13-048, § 16-142-110, filed 6/9/99, effective 7/10/99.

Wash. Admin. Code § 16-142-120 Pull date indication.

The pull date indicates the last day that the product can be sold and still allow the purchaser a reasonable amount of time to use the product under normal usage and storage conditions.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-142-120, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.04.915. WSR 99-13-048, § 16-142-120, filed 6/9/99, effective 7/10/99.

Wash. Admin. Code § 16-142-130 Selling products after the pull date.

Products can be sold after the pull date has expired if they are still wholesome, not a danger to health and clearly labeled indicating that the pull date has expired. They must be separated from products that are still within pull date.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-142-130, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.04.915. WSR 99-13-048, § 16-142-130, filed 6/9/99, effective 7/10/99.

Wash. Admin. Code § 16-142-140 Pull date format.

The pull date must first show the month then the day of the month. The month can either be identified with three letters indicating the month such as DEC for December or by numbers indicating the month from one for January through twelve for December. The day of the month must be shown using two numbers such as 06 for the sixth day or 19 for the nineteenth day. When both the month and day of the month are shown by numbers they must be separated by a space or dash. The pull date must be separated from other numbers or letters on the label so as to prevent confusion.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-142-140, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.04.915. WSR 99-13-048, § 16-142-140, filed 6/9/99, effective 7/10/99.

Wash. Admin. Code § 16-142-150 Changing a pull date.

Pull dates on perishable packaged foods subject to pull dating may not be changed, crossed-out or concealed.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-142-150, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.04.915. WSR 99-13-048, § 16-142-150, filed 6/9/99, effective 7/10/99.

Wash. Admin. Code § 16-142-160 Location of pull date.

The pull date must be placed on the label in a conspicuous location, that is clearly discernible. The pull date must be legible and of a type size consistent with the size of other required labeling.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-142-160, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.04.915. WSR 99-13-048, § 16-142-160, filed 6/9/99, effective 7/10/99.

Wash. Admin. Code § 16-142-170 Storage conditions and temperature requirements for perishable packaged foods.

Storage conditions and temperature requirements for perishable packaged foods are the same as required under chapter 246-215 WAC rules and regulations of the state board of health for food service and chapter 69.10 RCW Food storage warehouses.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-142-170, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.04.915. WSR 99-13-048, § 16-142-170, filed 6/9/99, effective 7/10/99.

Chapter 16-144 Processing frozen desserts.

Wash. Admin. Code § 16-144-010 Definitions.

The definitions and standards contained in chapters 15.36 and 15.130 RCW shall apply in this chapter unless the context clearly indicates otherwise.

(1) Frozen desserts means ice cream, frozen custard, ice milk, nonfat frozen dairy dessert, dietetic frozen desserts, fruit sherbets, and water ices. Such terms shall also include any food product which is prepared or manufactured and which contains as an ingredient a substantial portion of any of the above mentioned frozen desserts.

(2) The terms "pasteurization," "pasteurized" and similar terms used in this chapter shall mean heating every particle of the product to a temperature of not less than 155 degrees Fahrenheit and holding continuously for at least thirty minutes in approved and properly operated equipment or heating to a temperature of not less than 175 degrees Fahrenheit for not less than 25 seconds continuously in approved and properly operated equipment.

(3) All frozen desserts shall be manufactured, processed, and pasteurized to conform with a bacteriological standard of not to exceed 50,000 per milliliter and a coliform limit not exceeding 10 per milliliter as determined by Standard Methods for the Examination of Dairy Products of the American Public Health Association, and the 11th Edition of Official Methods of Analyses of the Association of Official Agricultural Chemist. The frozen desserts shall be properly pasteurized as evidenced by the phosphatase test.

(4) Harmful microorganisms means bacteria or other microorganisms which have been shown to be capable of causing disease in humans by consumption or contact.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-144-010, filed 8/6/20, effective 9/6/20
Order 1069, Regulation 1, filed 9/20/67, effective 11/1/67.

Wash. Admin. Code § 16-144-146 Transporting frozen dessert mix without requiring repasteurization.

Frozen dessert mixes must be transported in:

(1) Single service containers which meet the requirements for Grade A milk products under Appendix J of the pasteurized milk ordinance (PMO); or

(2) Containers with single service liners which meet the requirements for Grade A milk products under Appendix J of the PMO.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-144-146, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 15.36.021 and 69.04.398(3). WSR 95-16-062, § 16-144-146, filed 7/26/95, effective 8/26/95.

Wash. Admin. Code § 16-144-147 Transporting frozen dessert mix in milk tank trucks or milk cans.

Transport of mix in milk trucks or milk cans is not allowed. The risk of post pasteurization contamination is too great without final pasteurization at the plant where the mix is frozen and packaged.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-144-147, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 15.36.021 and 69.04.398(3). WSR 95-16-062, § 16-144-147, filed 7/26/95, effective 8/26/95.

Wash. Admin. Code § 16-144-148 Required temperature to hold frozen dessert mix.

Frozen dessert mix is required to be held at forty-five degrees Fahrenheit or less at all times.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-144-148, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 15.36.021 and 69.04.398(3). WSR 95-16-062, § 16-144-148, filed 7/26/95, effective 8/26/95.

Wash. Admin. Code § 16-144-149 Holding frozen dessert mix after pasteurization.

(1) Frozen dessert mix containers approved under WAC 16-144-146 must bear a pull date which establishes the last day it may be used. This pull date must meet the requirements for pull dating of perishable packaged food under chapters 15.130 RCW and 16-142 WAC.

(2) Pasteurized frozen dessert mix may be held for up to seventy-two hours in storage tanks before it must be repasteurized.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-144-149, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 15.36.021 and 69.04.398(3). WSR 95-16-062, § 16-144-149, filed 7/26/95, effective 8/26/95.

Wash. Admin. Code § 16-144-150 Ingredients that must be added to frozen dessert mix before final pasteurization.

If used, the following ingredients must be added to frozen dessert mix prior to final pasteurization:

(1) All dairy products including milk solids, whey, nonfat dry milk, condensed milk, cream, skim milk, and other milk products.

(2) Egg products.

(3) Reconstituted or recombined dry mixes including cocoa and cocoa products which are mixed with water or other liquids.

(4) Liquid sweeteners.

(5) Dry sugars.

(6) Emulsifiers or stabilizers which do not meet one of the requirements under WAC 16-144-151.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-144-150, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 15.36.021 and 69.04.398(3). WSR 95-16-062, § 16-144-150, filed 7/26/95, effective 8/26/95.

Wash. Admin. Code § 16-144-151 Ingredients allowed to be added to the frozen dessert mix after final pasteurization or at the freezer.

The following ingredients can be added to frozen dessert mix after final pasteurization or at the freezer:

(1) Ingredients which have been subjected to prior heat treatment sufficient to kill harmful microorganisms.

(2) Ingredients with 0.85% water activity or less.

(3) High acid ingredients with pH 4.7 or less.

(4) Roasted nuts or confectionery chips (added at the freezer).

(5) Harmless lactic acid forming bacteria cultures.

(6) Fruits and vegetables (added at the freezer).

(7) Ingredients with high alcohol content (i.e., fifteen percent or more by volume).

(8) Ingredients which have been subjected to any other process approved by the director which will ensure that the finished product is free of harmful microorganisms.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-144-151, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 15.36.021 and 69.04.398(3). WSR 95-16-062, § 16-144-151, filed 7/26/95, effective 8/26/95.

Chapter 16-145 Food storage warehouses.

Wash. Admin. Code § 16-145-010 Purpose.

These rules are promulgated under section 10, chapter 374, Laws of 1995. The purpose of these rules is to establish a renewal date for the annual food storage warehouse license.

History

Statutory Authority: RCW 69.10.015. WSR 96-01-041, § 16-145-010, filed 12/13/95, effective 1/13/96.

Wash. Admin. Code § 16-145-020 Food storage warehouse license.

The license period for food storage warehouses shall begin on April 1 and run through the following March 31. All food storage warehouse licenses shall expire on March 31 of each year.

History

Statutory Authority: RCW 69.10.015. WSR 96-01-041, § 16-145-020, filed 12/13/95, effective 1/13/96.

Chapter 16-146 Food processors.

Wash. Admin. Code § 16-146-100 Food processor license.

Licenses to operate a food processing plant or to process food issued under RCW 69.07.040 shall expire on the 30th day of June of each year.

History

Statutory Authority: RCW 69.07.040. WSR 92-19-044 (Order 4011), § 16-146-100, filed 9/10/92, effective 10/10/92. Statutory Authority: RCW 15.32.100, 15.32.110, 15.32.584, 69.07.040, 16.49.440, 16.49.630, 15.80.460, 15.80.470, 15.80.500, 16.58.060, 20.01.050, 22.09.050, 22.09.055, 22.09.070, 22.09.075, 17.21.070, 17.21.110, 17.21.126, 17.21.129, 17.21.220, 17.21.122, 15.58.200, 15.58.210, 15.58.220, 17.21.140 and 16.57.080. WSR 91-16-005 (Order 2091), § 16-146-100, filed 7/25/91, effective 8/25/91.

Wash. Admin. Code § 16-146-110 Late renewal penalty for food processor license.

(1) An additional fee shall be assessed for any license issued under chapter 69.07 RCW for which an application for renewal is not filed prior to July 1st in any year.

(2) Nothing herein shall be construed to limit the department's ability, as otherwise provided by law, to deny a license, to condition license renewal, or to enforce violations of applicable laws, subsequent to the expiration of a license.

History

Statutory Authority: RCW 69.07.040. WSR 92-19-044 (Order 4011), § 16-146-110, filed 9/10/92, effective 10/10/92. Statutory Authority: RCW 15.32.100, 15.32.110, 15.32.584, 69.07.040, 16.49.440, 16.49.630, 15.80.460, 15.80.470, 15.80.500, 16.58.060, 20.01.050, 22.09.050, 22.09.055, 22.09.070, 22.09.075, 17.21.070, 17.21.110, 17.21.126, 17.21.129, 17.21.220, 17.21.122, 15.58.200, 15.58.210, 15.58.220, 17.21.140 and 16.57.080. WSR 91-16-005 (Order 2091), § 16-146-110, filed 7/25/91, effective 8/25/91.

Chapter 16-147 Sanitary certificates.

Wash. Admin. Code § 16-147-010 What is the purpose of this chapter?

The purpose of this chapter is to establish requirements for issuing sanitary certificates to food processing plants and to milk processing plants.

History

Statutory Authority: RCW 15.36.525 and 69.07.085. WSR 00-05-025, § 16-147-010, filed 2/9/00, effective 3/11/00. Statutory Authority: RCW 69.07.020, 69.07.085. WSR 95-02-016 (Order 5066), § 16-147-010, filed 12/27/94, effective 1/27/95.

Wash. Admin. Code § 16-147-020 What is a sanitary certificate?

A sanitary certificate is a notarized statement by a responsible food safety official certifying that a food processing plant or milk processing plant has been inspected and approved by this department and has been issued a license indicating the same.

History

Statutory Authority: RCW 15.36.525 and 69.07.085. WSR 00-05-025, § 16-147-020, filed 2/9/00, effective 3/11/00. Statutory Authority: RCW 69.07.020, 69.07.085. WSR 95-02-016 (Order 5066), § 16-147-020, filed 12/27/94, effective 1/27/95.

Wash. Admin. Code § 16-147-030 What are the requirements for obtaining a sanitary certificate?

The requirements for obtaining a sanitary certificate are:

(1) All applicants must be currently licensed as either a food processing or milk processing plant in Washington state with the department of agriculture under RCW 69.07.040 or 15.36.051.

(2) Sanitary certificate will be issued only to cover products listed on the license application or otherwise approved by the department of agriculture.

(3) Products for certification must not be under embargo or litigation by the department of agriculture, the U.S. Food and Drug Administration, or other recognized public health authorities.

(4) An applicant must not be more than ninety days in arrears in paying for previous sanitary certificates issued.

(5) Any applicant that requests sanitary certificates must have been inspected by the department of agriculture within the inspection frequency guidelines established by Washington state department of agriculture and must be in substantial compliance with applicable food safety and dairy laws and rules.

(6) The applicant must provide the department with a declaration in a form acceptable to the department.

(7) Sanitary certificates will be in a form approved by the department of agriculture that specifies the plant location where the products were processed and that the plant was inspected and found in substantial compliance with food safety or dairy laws and rules. No statements will be made to imply that a product was inspected and passed.

(8) Sanitary certificates will be issued in the order the requests are received. However advance notice of three business days is required to ensure that sanitary certificates will be sent by the date needed.

(9) The department will deliver sanitary certificate by U.S. mail service. Requests for overnight mail or fax will be allowed, but must be paid for by requester.

(10) Milk processing plants that request sanitary certificates for Grade A products must be in compliance with the Pasteurized Milk Ordinance (PMO), or Condensed and Dry Milk Ordinance (DMO), as applicable.

History

Statutory Authority: RCW 15.36.525 and 69.07.085. WSR 00-05-025, § 16-147-030, filed 2/9/00, effective 3/11/00. Statutory Authority: RCW 69.07.020, 69.07.085. WSR 95-02-016 (Order 5066), § 16-147-030, filed 12/27/94, effective 1/27/95.

Chapter 16-149 Cottage foods.

Wash. Admin. Code § 16-149-010 Purpose of this chapter.

The purpose of this chapter is to implement chapter 69.22 RCW by establishing rules relating to the:

(1) Issuance of permits regulating the production of cottage food products to be sold directly to the ultimate consumer.

(2) Conditions under which cottage food products identified in this chapter are prepared, stored and sold. These rules are generally patterned after those established by the state under chapters 16-165 and 16-167 WAC but are tailored specifically to home kitchens.

History

Statutory Authority: RCW 69.22.020, 69.22.030, 69.22.050, and 2023 c 352. WSR 24-01-031, § 16-149-010, filed 12/11/23, effective 1/11/24. Statutory Authority: RCW 69.22.020 and chapter 34.05 RCW. WSR 12-12-016, § 16-149-010, filed 5/24/12, effective 6/24/12.

Wash. Admin. Code § 16-149-020 Definitions.

(1) In addition to the definitions contained in this section and chapter 69.22 RCW, the definitions found in chapters 69.06, 69.07, and 15.130 RCW, chapters 16-165, 16-167, and 246-215 WAC, and Title 21 C.F.R. may apply.

(2) For the purposes of this chapter, the following definitions apply:

"Adequate" means that which is needed to accomplish the intended purpose in keeping with good public health practices.

"Approved source" means a food source that is routinely and regularly inspected by a regulatory authority.

"Authorized person" means a person or persons who work with the cottage food operator in the preparation of cottage food products under this chapter.

"C.F.R." means the Code of Federal Regulations.

"Consumer" means a person who is a member of the public, takes possession of food for personal and nonbusiness use; is not functioning as an operator of a food establishment, such as a restaurant, bed and breakfast, or other business operation, or food processing plant; and does not offer the food for resale.

"Cottage food operation" means a person who produces cottage food products only in the home kitchen of that person's primary domestic residence in Washington and only for sale directly to the consumer.

"Cottage food operation permit" means a permit to produce and sell cottage food products under chapter 69.22 RCW.

"Cottage food products" means nonpotentially hazardous baked goods, candies, jams, jellies, preserves, and fruit butters as defined in 21 C.F.R. 150 as it existed on July 22, 2011; and other nonpotentially hazardous foods identified in WAC 16-149-120.

"Department" means the department of agriculture.

"Director" means the director of the department of agriculture.

"Domestic residence" means a single-family dwelling or an area within a rental unit where a single person or family actually resides. A domestic residence does not include:

(a) A group or communal residential setting within any type of structure; or

(b) An outbuilding, shed, barn, or other similar structure.

"Food worker card" means a food and beverage service worker's permit as required under chapter 69.06 RCW.

"Home kitchen" means a kitchen primarily intended for use by the residents of a home. It may contain one or more stoves or ovens, which may be a double oven, designed for residential use.

"Labeling" means written, printed or graphic matter affixed to or used in connection with the sales of a cottage food product and intended to communicate the characteristics of the cottage food product including, but not limited to, the origin, ingredients, quality, quantity, or nutritional benefits of the product.

"Master or base recipe" means a standard mixture of ingredients from which variations may be created by adding small amounts of differing flavorings, dried fruits, nuts, candies, or the like. For example, variations of master or base muffin recipe may be created by adding walnuts to create a walnut muffin, adding cranberries and orange zest to create orange cranberry muffins, and so on.

"Permitted area" means the portion of a domestic residence housing a home kitchen where the preparation, packaging, storage, or handling of cottage food products occurs.

"Pet" means any domesticated animal, regardless of species or number of legs, kept in the domestic residence.

"Potable water" means water that is in compliance with the Washington state department of health's drinking water quality standards in chapters 246-290 and 246-291 WAC.

"Potentially hazardous food" means foods requiring temperature control for safety because they are capable of supporting the rapid growth of pathogenic or toxigenic microorganisms, or the growth and toxin production of Clostridium botulinum.

History

Statutory Authority: RCW 69.22.020 and 2020 c 171. WSR 20-17-019, § 16-149-020, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.22.020, 2015 c 196, 2015 c 203, and chapter 34.05 RCW. WSR 16-06-014, § 16-149-020, filed 2/19/16, effective 3/21/16. Statutory Authority: RCW 69.22.020 and chapter 34.05 RCW. WSR 12-12-016, § 16-149-020, filed 5/24/12, effective 6/24/12.

Wash. Admin. Code § 16-149-030 Prerequisites.

(1) All cottage food operations must be permitted every two years by the department. The permit will identify a specific listing of the food products allowed to be produced by the cottage food operation.

(2) Prior to permitting, the department will examine the recipes, labels, and the premises of the cottage food operation to determine it to be in substantial compliance with the requirements of chapter 69.22 RCW and this rule.

(3) All cottage food operations permitted under this section must include with their application for permit a signed document attesting, by opting to become permitted, that the permitted cottage food operation expressly grants to the regulatory authority the right to enter the domestic residence housing the cottage food operation during normal business hours, or at other reasonable times, for the purposes of inspection including the collection of food samples.

(4) A cottage food operation must comply with all applicable county and municipal laws and zoning ordinances that apply to conducting a business from one's home residence prior to permitting as a cottage food operation, including obtaining a master business license.

(5) Any cottage food operation which has a private water supply must have the supply tested at least 60 days prior to permitting and at least annually thereafter and demonstrate through a written record of testing that the water supply is potable.

(6) Prior to permitting, the cottage food operator shall successfully complete a food safety training program and hold a valid food worker card.

History

Statutory Authority: RCW 69.22.020, 69.22.030, 69.22.050, and 2023 c 352. WSR 24-01-031, § 16-149-030, filed 12/11/23, effective 1/11/24. Statutory Authority: RCW 69.22.020, 2015 c 196, 2015 c 203, and chapter 34.05 RCW. WSR 16-06-014, § 16-149-030, filed 2/19/16, effective 3/21/16. Statutory Authority: RCW 69.22.020 and chapter 34.05 RCW. WSR 12-12-016, § 16-149-030, filed 5/24/12, effective 6/24/12.

Wash. Admin. Code § 16-149-040 Limitations.

(1) If gross sales during a calendar year exceed the maximum annual gross sales allowance of $35,000, the cottage food operator must cease operations for the remainder of that permit period or meet all the requirements and obtain a food processing plant license or cease operations for that calendar year. The department may request, in writing, documentation to verify the annual gross sales figure.

(2) Products produced by a cottage food operation must be sold by the cottage food operator directly to the consumer. Direct sales at venues such as farmers markets, craft fairs, and charitable organization functions are permitted. Cottage food operations are prohibited from shipping product, conducting mail order sales, selling products by consignment or wholesale, and selling product outside of the state. A cottage food operation may maintain an internet website displaying available products provided any sales arising from the website are completed as in-person transactions.

(3) A cottage food operation may only produce those specific food products listed on its permit. A copy of this permit shall be displayed at farmers markets, craft fairs, charitable organization functions and any other direct sale locations where cottage foods are sold.

(4) Each application is limited to no more than 50 recipes. A "master or base recipe" can include variations and still be counted as one recipe. The application must include labels corresponding to each product and each variation.

History

Statutory Authority: RCW 69.22.020, 69.22.030, 69.22.050, and 2023 c 352. WSR 24-01-031, § 16-149-040, filed 12/11/23, effective 1/11/24. Statutory Authority: RCW 69.22.020, 2015 c 196, 2015 c 203, and chapter 34.05 RCW. WSR 16-06-014, § 16-149-040, filed 2/19/16, effective 3/21/16. Statutory Authority: RCW 69.22.020 and chapter 34.05 RCW. WSR 12-12-016, § 16-149-040, filed 5/24/12, effective 6/24/12.

Wash. Admin. Code § 16-149-050 Applications.

(1) To qualify for a new cottage food operator permit issued under chapter 69.22 RCW, the Washington Cottage Food Operator Act, a cottage food operator must first make application to the department. The new applicant may submit at anytime of the year.

(2) By applying for a cottage food operation permit, the applicant acknowledges the jurisdiction of the department and state of Washington in all matters related to the cottage food operation.

(3) By applying for a cottage food operation permit, the applicant recognizes the authority of the department under RCW 69.22.060 and expressly grants the department or other inspection agent approved by the department the right to enter the applicant's premises during normal business hours or at other reasonable times to:

(a) Inspect the portion of the premises where the cottage food operation products, ingredients, or packaging materials are stored, produced, packaged, or labeled;

(b) Inspect records related to the sales, storage, production, packaging, or labeling of the cottage food operation products, ingredients, or packaging materials; and

(4) Inspections may be conducted as a condition of ongoing permitting, after receiving an initial or a renewal application, upon notification of a change to an application, upon receipt of a complaint, or as required to enforce or administer chapter 69.22 RCW and this chapter. Inspections may be announced or unannounced.

(5) The department shall deny applications for permit where the applicant refuses to allow the inspection of the premises or records, fails to provide samples as provided in this section, or fails to provide the department with the consent described in subsection (3) of this section, or fails to provide the department with all required application information.

(6) To renew a permit, a cottage food operator must submit a renewal application and fees before the operator's current permit expires. If the department has received a renewal application and fees before the prior permit's expiration date, the time period of the prior permit extends until the department either issues the renewed permit or denies the renewal application. If an operator does not timely submit a renewal application or fees, the prior permit expires upon the expiration date. The operator must cease all cottage food production.

History

Statutory Authority: RCW 69.22.020, 2015 c 196, 2015 c 203, and chapter 34.05 RCW. WSR 16-06-014, § 16-149-050, filed 2/19/16, effective 3/21/16. Statutory Authority: RCW 69.22.020 and chapter 34.05 RCW. WSR 12-12-016, § 16-149-050, filed 5/24/12, effective 6/24/12.

Wash. Admin. Code § 16-149-060 Application requirements.

(1) Applications must be submitted on the form provided by the department, and must include:

(a) A completed application form.

(b) A diagram of the cottage food operation premises identifying what areas of the residence will be used for the cottage food activities.

(i) The diagram must clearly identify and show the location of all cottage food operation preparation equipment, contact work surfaces, equipment washing and sanitizing sinks or tubs, primary toilet room, handwashing areas, and storage areas.

(ii) Everything illustrated on the diagram must be clearly labeled.

(d) Examples of all product labels.

(e) The proposed cottage food operational dates of processing for the current year.

(f) A description of the types of sales or a list of the proposed sale locations for the current year.

(g) Documentation verifying that the water used at the cottage food operation site complies with the requirements of this chapter. For a well, spring or other private water supply, the water must have a passing bacterial test conducted within 60 days of submitting an application to the department. A copy of the test results must be attached to the permit application.

(h) A copy of the applicant's food worker card and that of any other persons who will be conducting cottage food operation food processing.

(i) If pets are present at the location, a pet control plan that precludes pet entry/access to all areas of the cottage food operation during operating hours and exclusion from storage areas must be submitted.

(j) If infants or children under six years of age are present at the location, a child control plan that precludes child entry/access to all areas of the cottage food operation during operating hours must be submitted.

(2) The department must receive the completed cottage food operation application packet along with check or money order for the permit fee at least six weeks before processing. In accordance with RCW 69.22.030(1) and 69.22.040(3), the fees for the permit are $75 for the public health review, $125 for each annual inspection and $30 for processing the application and permit.

(3) Upon receiving a new or renewal application, the department will conduct a public health review of all recipes and proposed labels. If the public health review is satisfactory, the department will contact the applicant to schedule an on-site inspection.

(4) If the applicant fails the on-site permitting inspection, the applicant may withdraw the application or request a second inspection by submitting: (a) Documentation to the department explaining how the applicant corrected the failures and (b) $125 for the new inspection. If the applicant fails a second inspection, the application is denied.

(5) Once received, the cottage food operation permit must be prominently and conspicuously posted for customers at all points of sale.

(6) Applicants are prohibited from preparing and selling cottage food products regulated by this chapter until they receive their cottage food operation permit.

(7) Cottage food operation permits must be obtained every two years and expire two years from the last date of the month of permit issuance.

(8) The department will not refund application fees after receipt of a cottage food operation application.

(9) To obtain an application for a cottage food operation permit, contact the department at:

Washington State Department of Agriculture

Food Safety Consumer Services Division

P.O. Box 42560

Olympia, WA 98504-2560

Email: cottagefoods@agr.wa.gov

Website http://agr.wa.gov.

History

Statutory Authority: RCW 69.22.020, 69.22.030, 69.22.050, and 2023 c 352. WSR 24-01-031, § 16-149-060, filed 12/11/23, effective 1/11/24. Statutory Authority: RCW 69.22.020, 2015 c 196, 2015 c 203, and chapter 34.05 RCW. WSR 16-06-014, § 16-149-060, filed 2/19/16, effective 3/21/16. Statutory Authority: RCW 69.22.020 and chapter 34.05 RCW. WSR 12-12-016, § 16-149-060, filed 5/24/12, effective 6/24/12.

Wash. Admin. Code § 16-149-070 Amendment requirements to permit.

(1) Amendments to an existing cottage food permit after issuance require a new application and application fee. Operators must apply for an amendment if adding new products (provided the amendment does not exceed the limit on recipes), when changing recipes, or changing the premises areas.

(2) An application amendment will contain the same information as outlined in WAC 16-149-060 and on a form provided by the department.

(3) If there are no significant changes to the premises, the department will require the public health review of all new recipes submitted for review, and after approval, process an amended cottage food operation permit to the applicant. This application amendment will require the submission of $75 for the public health review and $30 for processing for the permit.

(4) If there are significant changes to the premises, the department will require the public health review of all new recipes submitted for review, reinspection of the premises, and after approval, process an amended cottage food operation permit to the applicant. This application amendment will require the submission of $75 for the public health review, $125 for an inspection and $30 for processing for the permit.

(5) Significant change under this section means any change in the premises previously submitted to and inspected by the department under this chapter which is substantial enough in the department's judgment to require reinspection and approval. This includes, but is not limited to:

(a) Structural changes within the cottage food operation's premises such as a remodel or addition to the home that affects the cottage food operation areas previously inspected.

(b) Additional locations within the premises that are now intended to be used for portions of the cottage food operations that were not previously inspected. For example: A basement storage area is now planned to be utilized for storage of finished products. This basement area was not originally part of the permitted area and not previously inspected by the department.

History

Statutory Authority: RCW 69.22.020, 69.22.030, 69.22.050, and 2023 c 352. WSR 24-01-031, § 16-149-070, filed 12/11/23, effective 1/11/24. Statutory Authority: RCW 69.22.020, 2015 c 196, 2015 c 203, and chapter 34.05 RCW. WSR 16-06-014, § 16-149-070, filed 2/19/16, effective 3/21/16. Statutory Authority: RCW 69.22.020 and chapter 34.05 RCW. WSR 12-12-016, § 16-149-070, filed 5/24/12, effective 6/24/12.

Wash. Admin. Code § 16-149-080 Production requirements.

(1) A cottage food production operation shall:

(a) Ensure that each operator holds a valid food handler's permit.

(b) Provide for food contact surfaces that are smooth and easily cleanable.

(i) Carpeting and rugs are not approved flooring material in the cottage food operation home kitchen preparation area. Cleanable impermeable floor mats are allowed in the cottage food operation home kitchen area.

(ii) Except as otherwise provided in this chapter, a sink used in combination with one or two large tubs placed next to it is required for washing, rinsing, and sanitizing.

(iii) A domestic dishwasher may be used in lieu of a sink/large tub(s) combination.

(iv) Pump hand soap and disposable paper towels must be available and used in the identified primary toilet room and home kitchen area by all persons working in the home kitchen.

(v) When food must be left out uncovered on kitchen counters or table due to processing steps such as cooling, active controls must be in place to prevent inadvertent contamination by children or pets. Active controls can include presence of the permittee or an employee or use of child/pet barriers, etc.

(vi) If pets are present in the household, a pet control plan that precludes pet entry/access to all areas of the cottage food operation during operating hours must be in place.

(vii) No infants or children under six years of age can be present in the cottage food operation home kitchen during processing. A child barrier may be used to prevent access to the cottage food processing area during operating hours.

(d) Provide separate storage from domestic storage, including separate refrigerated storage.

(e) Provide for annual bacterial test of water supplies if not connected to a public water system.

(2) The following is not required for a cottage food production operation:

(a) Commercial surfaces such as stainless steel counters or cabinets;

(b) Commercial grade sinks, dishwashers or ovens; or

(3) A cottage food production operation is prohibited from all of the following:

(a) Conducting domestic activities in the kitchen when producing cottage food products.

(b) Allowing pets in the kitchen production and packaging areas.

(c) Washing out or cleaning pet cages, pans and similar items in the kitchen, even when the kitchen is not in use for cottage food production.

(d) Pet litter boxes cannot be stored, used or cleaned at any time in any area of the cottage food operation. This includes food storage areas.

(e) Allowing entry of any person other than persons processing, preparing, packaging, or handling cottage food under the direct supervision of the permittee into the home kitchen area while producing cottage food products.

(4) A cottage food product must be prepared by following the exact recipe that was submitted for department approval. The recipe must be available on the premises for review by the department.

History

Statutory Authority: RCW 69.22.020, 2015 c 196, 2015 c 203, and chapter 34.05 RCW. WSR 16-06-014, § 16-149-080, filed 2/19/16, effective 3/21/16. Statutory Authority: RCW 69.22.020 and chapter 34.05 RCW. WSR 12-12-016, § 16-149-080, filed 5/24/12, effective 6/24/12.

Wash. Admin. Code § 16-149-090 Inspections.

(1) In addition to inspections required for permit applications or amendments, the department may inspect the permitted area of a cottage food operation whenever the department has reason to believe the cottage food operation is in violation of the requirements of chapter 69.22 RCW or this chapter. Inspections will be made at reasonable times and, when possible, during regular business hours.

(2) The department may also inspect the permitted area of a cottage food operation in response to a foodborne illness outbreak, consumer complaint, or other public health emergency.

(3) When conducting an inspection, the department shall, at a minimum, inspect for the following:

(a) That the permitted cottage food operator understands that only those specific foods identified on the permit for the cottage food operation may be produced;

(b) That the permitted cottage food operator understands that no person other than the permittee, or a person under the direct supervision of the permittee, may be engaged in the processing, preparation, packaging, or handling of any cottage food products or be in the home kitchen during the processing, preparation, packaging, or handling of any cottage food products;

(c) That no cottage food processing, preparation, packaging, or handling is occurring in the home kitchen concurrent with any other domestic activities such as family meal preparation, dishwashing, clothes washing or ironing, kitchen cleaning, or guest entertainment;

(d) That no infants or children under the age of six are in the home kitchen during the processing, preparation, packaging, or handling of any cottage food products;

(e) That no pets are in the home kitchen during the processing, preparation, packaging, or handling of any cottage food products;

(f) That only typical residential style of kitchen equipment and utensils are used to produce cottage foods;

(g) That all food contact surfaces, equipment, and utensils used for the preparation, packaging, or handling of any cottage food products are washed, rinsed, and sanitized before each use;

(h) That all food preparation and food and equipment storage areas are maintained free of rodents and insects; and

(i) That all persons involved in the preparation and packaging of cottage food products:

(i) Have a valid food handler worker card;

(ii) Do not work in the home kitchen area when ill;

(iii) Wash their hands before any food preparation and food packaging activities;

(iv) Avoid bare hand contact with ready-to-eat foods through the use of single-service gloves, bakery papers, tongs, or other utensils; and

(v) Are under the direct supervision of the permittee.

History

Statutory Authority: RCW 69.22.020, 2015 c 196, 2015 c 203, and chapter 34.05 RCW. WSR 16-06-014, § 16-149-090, filed 2/19/16, effective 3/21/16. Statutory Authority: RCW 69.22.020 and chapter 34.05 RCW. WSR 12-12-016, § 16-149-090, filed 5/24/12, effective 6/24/12.

Wash. Admin. Code § 16-149-100 Recordkeeping requirements.

(1) At a minimum, the following records must be kept at the cottage food operation:

(a) Copies of all food handler worker cards;

(b) Copy of the master business license;

(c) All cottage food product recipes that are allowed by the department and listed on the current cottage food operation permit;

(d) The water testing records if required by this chapter;

(e) Documentation that ingredients were obtained from approved sources; and

(f) Documentation of gross sales and any off-site sale locations.

(2) All records required under subsection (1) of this section must be:

(a) Maintained so that the information they intend to convey is clear and understandable;

(b) Available at the operation and available to the department inspectors upon request; and

History

Statutory Authority: RCW 69.22.020 and chapter 34.05 RCW. WSR 12-12-016, § 16-149-100, filed 5/24/12, effective 6/24/12.

Wash. Admin. Code § 16-149-110 Labeling.

(1) A cottage food operation may only sell cottage food products which are prepackaged (except for certain products as outlined in subsection (2) of this section) with a label affixed that contains the following information (printed in English):

(a) The name and permit number issued under RCW 69.22.030 of the business of the cottage food operation;

(b) The name of the cottage food product;

(c) The ingredients of the cottage food product, in descending order of predominance by weight. Ingredients made from subcomponents must also list the subcomponents. For example, "imitation vanilla extract (water, sugar, caramel color, artificial flavor, citric acid, sodium benzoate (preservative))";

(d) The net weight or net volume of the cottage food product, metric weight is not required;

(e) Allergen information as specified by federal labeling requirements;

(f) If any nutritional claim is made, appropriate nutritional information as specified by federal labeling requirements; and

(g) The following statement printed in at least the equivalent 11-point type in a color that provides a clear contrast to the background label: "Made in a Home Kitchen that has not been subject to standard inspection criteria."

(2) The department may allow large cakes or a container of bulk products to be handled and labeled in the following manner:

(a) Be protected from contamination during transportation to the consumer.

(b) Have a product label sheet with all the required information as listed in subsection (1) of this section provided to the consumer.

History

Statutory Authority: RCW 69.22.020 and 2020 c 171. WSR 20-17-019, § 16-149-110, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.22.020, 2015 c 196, 2015 c 203, and chapter 34.05 RCW. WSR 16-06-014, § 16-149-110, filed 2/19/16, effective 3/21/16. Statutory Authority: RCW 69.22.020 and chapter 34.05 RCW. WSR 12-12-016, § 16-149-110, filed 5/24/12, effective 6/24/12.

Wash. Admin. Code § 16-149-120 Allowable cottage food products.

A cottage food operation is allowed to produce food items that are nonpotentially hazardous. Subsection (1) of this section lists acceptable cottage food products. Although this list is not all inclusive, it provides for most types of approved cottage food products. Only those products approved by the department and listed in the permit may be produced:

(1) Baked goods and fried products cooked in an oven, on a stove top, or in or on an electric device designed for cooking food including:

(a) Loaf breads, rolls, biscuits, quick breads, and muffins;

(b) Cakes including celebration cakes such as birthday, anniversary, and wedding cakes;

(d) Cookies and bars;

(e) Crackers;

(f) Cereals, trail mixes and granola;

(g) Pies, except that custard style pies, pies with fresh fruit that is unbaked or pies that require refrigeration after baking are not approved;

(h) Nuts and nut mixes;

(i) Snack mixes; and

(j) Donuts, tortillas, pizzelles, krumkake, and similar products.

(2) Nonpotentially hazardous candies cooked on a stove top or in a microwave, provided the operator maintains proper temperature control through the use of a candy thermometer. Such products include:

(a) Molded candies and chocolates;

(b) Products dipped or coated with candy or chocolate coatings;

(d) Caramels;

(e) Nut brittles; and

(f) Taffy and marshmallow-like candies.

(3) Standardized jams, jellies, preserves and fruit butters as identified under 21 C.F.R. 150.

(a) Fresh picked or harvested fruits from noncommercial sources are allowed to be used.

(b) Fresh fruits can be frozen in a home style freezer and used at a later time by the cottage food operation.

(c) All recipes must have a cook step included such as a hot fill or hot water bath. No freezer or refrigerator style products are allowed.

(d) All jams, jellies, preserves and fruit butters must be sealed in containers that are sterilized prior to filling.

(e) Wax paraffin is not allowed to be used for sealing.

(4) Recombining and packaging of dry herbs, seasoning and mixtures that are obtained from approved sources (e.g., dry bean soup mixes, dry teas and coffees, spice seasonings, etc.).

(5) Vinegars that are obtained from approved sources and are rebottled in the cottage food operation. Flavors such as fruits and herbs may be added to the vinegars.

(6) The recipe for each variation of a product must be submitted with the application, kept on file at the cottage food operation location and recipes are subject to public disclosure.

(7) Fresh picked or harvested fruits from noncommercial sources are allowed to be used. Fresh fruits can be frozen in a home style freezer and used at a later time by the cottage food operation as long as there is a cook step in the recipe.

(8) All frostings or glazes must have a cook step or be made with ingredients (such as a large amount of sugar) that when combined are stable at room temperature.

History

Statutory Authority: RCW 69.22.020, 2015 c 196, 2015 c 203, and chapter 34.05 RCW. WSR 16-06-014, § 16-149-120, filed 2/19/16, effective 3/21/16. Statutory Authority: RCW 69.22.020 and chapter 34.05 RCW. WSR 12-12-016, § 16-149-120, filed 5/24/12, effective 6/24/12.

Wash. Admin. Code § 16-149-130 Prohibited products.

This section lists unacceptable cottage food products. Although not inclusive, it lists most types of unapproved cottage food products:

• Fresh or dried meat or meat products including jerky;

• Fresh or dried poultry or poultry products;

• Canned fruits, vegetables, vegetable butters, salsas, etc.;

• Fish or shellfish products;

• Products made with meat, poultry, or fish products;

• Canned pickled products such as corn relish, pickles, sauerkraut;

• Raw seed sprouts;

• Bakery goods which require any type of refrigeration such as cream, custard or meringue pies and cakes or pastries with cream or cream cheese fillings, fresh fruit fillings or garnishes, glazes or frostings with low sugar content, cream, or uncooked eggs;

• Milk and dairy products including hard, soft and cottage cheeses and yogurt;

• Cut fresh fruits or vegetables;

• Food products made from cut fresh fruits or vegetables;

• Garlic in oil mixtures;

• Juices made from fresh fruits or vegetables;

• Ice or ice products;

• Barbeque sauces, ketchups, or mustards;

• Focaccia-style breads with vegetables or cheeses;

• Beverages.

History

Statutory Authority: RCW 69.22.020, 2015 c 196, 2015 c 203, and chapter 34.05 RCW. WSR 16-06-014, § 16-149-130, filed 2/19/16, effective 3/21/16. Statutory Authority: RCW 69.22.020 and chapter 34.05 RCW. WSR 12-12-016, § 16-149-130, filed 5/24/12, effective 6/24/12.

Wash. Admin. Code § 16-149-140 Suspension, revocation, and denial of registrations.

(1) A cottage food operation permit and applications for cottage food operation permits are governed by chapter 34.05 RCW.

(2) After conducting a hearing, the director may deny, suspend, or revoke a cottage food operation application or permit if it is determined that an applicant or permittee has committed any of the following acts:

(a) Failed to meet the permitting requirements established under chapter 69.22 RCW or this chapter;

(b) Refused, neglected, or failed to comply with the provisions of this chapter, any rules adopted to administer this chapter, or any lawful order of the director;

(c) Refused, neglected, or failed to keep and maintain records required by this chapter, or to make the records available when requested pursuant to the provisions of this chapter;

(d) Consistent with RCW 69.22.060, refused the director access to the permitted area of a domestic residence housing a cottage food operation for the purpose of carrying out the provisions of this chapter;

(e) Consistent with RCW 69.22.060, refused the department access to any records required to be kept under the provisions of this chapter; or

(f) Exceeded the annual income limits provided in WAC 16-149-040.

(3) The director may summarily suspend a permit issued under this chapter if the director finds that a cottage food operation is operating under conditions that constitute an immediate danger to public health or if the director is denied access to the permitted area of a domestic residence housing a cottage food operation and records where the access was sought for the purposes of enforcing or administering this chapter.

History

Statutory Authority: RCW 69.22.020 and chapter 34.05 RCW. WSR 12-12-016, § 16-149-140, filed 5/24/12, effective 6/24/12.

Chapter 16-157 Organic food standards and certification.

Wash. Admin. Code § 16-157-010 Purpose.

This chapter is adopted under RCW 15.86.060 wherein the director is authorized to adopt rules for the proper administration of the Organic Food Products Act, and under RCW 15.86.070 wherein the director is authorized to adopt rules establishing a certification program for producers, processors, and handlers of organic and transitional products.

History

Statutory Authority: RCW 15.86.060 and 15.86.070. WSR 19-01-062, § 16-157-010, filed 12/14/18, effective 1/14/19
WSR 06-23-108, § 16-157-010, filed 11/17/06, effective 12/18/06. Statutory Authority: Chapter 15.86 RCW. WSR 02-10-090, § 16-157-010, filed 4/29/02, effective 5/30/02.

Wash. Admin. Code § 16-157-020 Adoption of the National Organic Program.

The Washington state department of agriculture adopts the standards of the National Organic Program, 7 C.F.R. Part 205, effective March 20, 2023, for the production and handling of organic crops, livestock, and processed agricultural products. The National Organic Program rules may be obtained from the department by emailing the organic program at organic@agr.wa.gov, by phone at 360-902-1805 or accessing the National Organic Program's website at https://www.ams.usda.gov/rules-regulations/organic.

History

Statutory Authority: RCW 15.86.060(1) and [15.86.]065(3). WSR 23-16-056, § 16-157-020, filed 7/26/23, effective 8/26/23. Statutory Authority: RCW 15.86.060(1), [15.86.]065(3), and [15.86.]065(4). WSR 22-15-010, § 16-157-020, filed 7/7/22, effective 8/7/22
WSR 21-21-027, § 16-157-020, filed 10/11/21, effective 11/11/21. Statutory Authority: RCW 15.86.060(1) and [15.86.]065(3). WSR 19-14-129, § 16-157-020, filed 7/3/19, effective 8/3/19. Statutory Authority: RCW 15.86.060 and 15.86.070. WSR 19-01-062, § 16-157-020, filed 12/14/18, effective 1/14/19. Statutory Authority: RCW 15.86.060(1), [15.86.]065(3) and chapter 34.05 RCW. WSR 18-03-154, § 16-157-020, filed 1/23/18, effective 2/23/18. Statutory Authority: Chapter 15.86 and 34.05 RCW. WSR 09-15-152, § 16-157-020, filed 7/21/09, effective 8/21/09. Statutory Authority: RCW 15.86.060 and 15.86.070. WSR 06-23-108, § 16-157-020, filed 11/17/06, effective 12/18/06. Statutory Authority: Chapters 15.86 and 34.05 RCW. WSR 04-24-015, § 16-157-020, filed 11/22/04, effective 12/23/04. Statutory Authority: Chapter 15.86 RCW. WSR 03-03-044, § 16-157-020, filed 1/10/03, effective 2/10/03
WSR 02-10-090, § 16-157-020, filed 4/29/02, effective 5/30/02.

Wash. Admin. Code § 16-157-030 Definitions.

As used in this chapter:

"Department" means the Washington state department of agriculture.

"Director" means the director of the department of agriculture or their duly authorized representative.

"Facility" includes, but is not limited to, any premises, plant, establishment, facility and associated appurtenances where organic products are prepared, handled, or processed in any manner for resale or distribution to retail outlets, restaurants, and any other such facility selling or distributing to consumers.

"Gross annual income" means the total monetary value received during the previous calendar year.

"Handler" means any person engaged in the business of handling agricultural products, including producers who handle crops or livestock of their own production.

"Handling operation" means any operation or portion of an operation that receives or otherwise acquires agricultural products and processes, packages, or stores such products.

"New applicant" means any person who applies for organic certification for the first time, or any person who has surrendered an organic certification or had an organic certification suspended or revoked.

"Person" means any individual, partnership, limited liability company, association, cooperative, or other entity.

"Processor" means any handler engaged in the canning, freezing, drying, dehydrating, cooking, pressing, powdering, packaging, baking, heating, mixing, grinding, churning, separating, extracting, cutting, fermenting, eviscerating, preserving, jarring, slaughtering or otherwise processing organic products.

"Producer" means a person who engages in the business of growing or producing food, fiber, feed, and other agricultural-based consumer products.

"Production operation" means a farm, ranch, or other business that grows, gathers, or raises crops, wild crops, or livestock.

"Renewal applicant" means any person that has received organic certification from the department in the previous year.

"Retailer" means any handler that sells organic food products directly to consumers.

"Sale" means selling, offering for sale, holding for sale, preparing for sale, trading, bartering, offering a gift as an inducement for sale of, and advertising for sale in any media.

"Site" means a contiguous defined field, orchard, block, pasture, paddock, garden, circle, plot or other designated area under the same management practices (e.g., organic, transitional).

"Transitional product" means any agricultural product that (a) is marketed using the term transitional in its labeling and advertising and (b) satisfies all of the requirements of organic except that it has had no applications of prohibited substances within one year prior to the harvest of the crop.

History

Statutory Authority: RCW 15.86.020 and 43.01.160. WSR 24-22-032, s 16-157-030, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 15.86.060 and 15.86.070. WSR 19-01-062, § 16-157-030, filed 12/14/18, effective 1/14/19
WSR 06-23-108, § 16-157-030, filed 11/17/06, effective 12/18/06. Statutory Authority: Chapter 15.86 RCW. WSR 03-03-044, § 16-157-030, filed 1/10/03, effective 2/10/03
WSR 02-10-090, § 16-157-030, filed 4/29/02, effective 5/30/02.

Wash. Admin. Code § 16-157-210 Confidentiality.

Except for applications and laboratory analyses submitted for certification under this chapter, the department keeps confidential any business-related information obtained under this chapter. All business-related information submitted to the department under this chapter is exempt from public inspection and copying consistent with RCW 15.86.110 and 42.56.210.

History

Statutory Authority: RCW 15.86.060 and 15.86.070. WSR 06-23-108, § 16-157-210, filed 11/17/06, effective 12/18/06. Statutory Authority: Chapter 15.86 RCW. WSR 02-10-090, § 16-157-210, filed 4/29/02, effective 5/30/02.

Wash. Admin. Code § 16-157-215 General requirements for certification.

(1) Except for operations exempt or excluded in the National Organic Program (7 C.F.R. 205.101), each production or handling operation or specified portion of a production or handling operation must be certified if it produces or handles crops, livestock, livestock products, or other agricultural products intended to be sold, labeled, or represented as "one hundred percent organic," "organic," or "made with organic (specified ingredients or food group(s))."

(a) If you have an operation that meets the definition of "production operation," you must be certified as a producer.

(b) If you have an operation that meets the definition of "handling operation," you must be certified as a handler or processor unless you are a certified producer who cleans, washes, grades, dries, packages, transports, or does similar preparation of your own production.

(c) If you are a certified producer who changes crops, wild crops, or livestock products of your own production into new distinct products by physically, chemically, or otherwise changing the original product, you must also be certified as a processor.

(2) If you are seeking to receive or maintain organic certification, you must submit an application on forms approved by the department.

(a) Application forms must be submitted by an authorized representative of the business operation and must be accompanied by the appropriate fees in order to be considered.

(b) Application forms are available upon request from the department.

(3) If you are a new applicant, you must include a complete organic system plan with your application.

(4) If you are a certified operation, you must submit an update to your organic system plan on an annual basis. Certified operations may be required by the department to submit a new complete organic system plan whenever there are significant changes to the operation.

(5) Applications for certification must include a list of all organic products produced and/or handled, including site information, sample labels, and complete product profiles for each distinctly labeled organic product.

(a) Certified operations must not use an organic label or make organic claims for any product not included in the operation's organic system plan.

(b) Certified operations may request the addition of new production sites to their organic or transitional certification by submitting maps and complete site applications to the department.

(c) Certified operations may request the addition of new products to their organic certification by submitting sample labels and complete product profiles to the department where applicable.

(d) Product profiles must include a complete list of ingredients in the product and processing aids used in manufacturing the product.

(6) Certified operations that do not submit a renewal application and fees to continue certification or do not comply annually with 7 C.F.R. 205.406 may have their certification suspended.

(7)(a) The director shall make one or more inspections per year of each new and renewal applicant to determine compliance with this chapter and chapter 15.86 RCW.

(b) Each separate primary location or facility must receive an annual on-site inspection. The annual on-site inspection includes an audit of required records, examination of production sites, facilities and storage areas, and inspection of any other information deemed necessary by the requirements of this chapter or the National Organic Program, 7 C.F.R. Part 205.

History

Statutory Authority: RCW 15.86.060 and 15.86.070. WSR 19-01-062, § 16-157-215, filed 12/14/18, effective 1/14/19
WSR 06-23-108, § 16-157-215, filed 11/17/06, effective 12/18/06.

Wash. Admin. Code § 16-157-251 Certification fee schedule.

(1) Producers and handlers of organic products must submit an application packet and fees to the department each year to receive or maintain certification.

(a) New applicant fee: A new application fee of $500 must be submitted with each new application.

(b) Renewal fee: A renewal fee must be submitted annually by March 1st with each renewal application. Renewal fees for producers, handlers, and processors are assessed based on the gross annual income received by the operation for the production or handling of organically certified products. The renewal fee is based on the following fee schedule:

| GROSS ANNUAL INCOME RECEIVED FROM ORGANIC PRODUCTS IN PREVIOUS CALENDAR YEAR | RENEWAL FEE DUE ANNUALLY ON MARCH 1st | | | | --- | --- | --- | --- | | $ 0 | - | $25,000 | . . . . $250.00 | | $25,001 | - | $50,000 | . . . . $380.00 | | $50,001 | - | $75,000 | . . . . $570.00 | | $75,001 | - | $100,000 | . . . . $760.00 | | $100,001 | - | $150,000 | . . . . $1,140.00 | | $150,001 | - | $200,000 | . . . . $1,520.00 | | $200,001 | - | $250,000 | . . . . $1,900.00 | | $250,001 | - | $300,000 | . . . . $2,090.00 | | $300,001 | - | $400,000 | . . . . $2,470.00 | | $400,001 | - | $500,000 | . . . . $2,850.00 | | $500,001 | - | $750,000 | . . . . $3,325.00 | | $750,001 | - | $1,00,000 | . . . . $3,800.00 | | $1,000,001 | - | $1,500,000 | . . . . $4,750.00 | | $1,500,001 | - | $2,000,000 | . . . . $5,700.00 | | $2,000,001 | - | $3,000,000 | . . . . $7,600.00 | | $3,000,001 | - | $4,000,000 | . . . . $9,500.00 | | $4,000,001 | - | $5,000,000 | . . . . $11,400.00 | | $5,000,001 | - | and up | . . . .$11,400.00 plus 0.19% of income over $5,000,000 |

(i) The maximum renewal fee shall not exceed $25,000 per primary facility or location.

(ii) The minimum renewal fee is $570 for operations with more than: 25 acres in production (excluding fallow, pasture, hay, haylage, and silage), or more than five production sites, or more than 15 products.

(iii) Operations certified to the retailer scope are exempt from the gross annual income assessment and are charged a $1,500 renewal fee per retail location or facility.

(iv) Renewal applications and fees submitted after March 1st must include a late fee in addition to the renewal fee.

| If a renewal application is submitted after March 1st but before: | The late fee is: | | --- | --- | | April 1st | $100.00 | | May 1st | $200.00 | | June 1st | $300.00 | | July 1st | $400.00 | | August 1st | $500.00 | | September 1st | $600.00 |

(c) Inspection fee: An inspection fee must be submitted after each annual and announced additional inspection conducted by the department. The inspection fee is the sum of the fees associated with the scopes of the inspection. Inspection fees are based on the following fee schedule:

| INSPECTION SCOPE | | INSPECTION FEE | | --- | --- | --- | | Crop producer | - | $500 | | Livestock producer | - | $500 | | Wild crop producer | - | $200 | | Handler, processor, or retailer | - | $750 |

(i) Operations with a producer scope plus either the handler or processor scope and less than $250,000 in gross annual income qualify for a $300 reduction in their inspection fee.

(ii) Each primary location or facility must receive an annual on-site inspection. In the event more than one primary location or facility is included under one certification, the operation will be charged an inspection fee per primary location or facility.

(iii) Additional announced inspections, if necessary to determine compliance or requested by the operation, will be charged to the new applicant or certified operation per the inspection fee table. Unannounced inspections conducted by the department are not charged an inspection fee.

(iv) Out-of-state inspections, if necessary to determine compliance or requested by the operation, shall be charged $500 plus associated travel costs in addition to the inspection fee.

(2) New and renewal applicants may request additional evaluations throughout the year. A fee is charged to the operation based on the service requested.

(a) New scope: The request to add a new scope of certification will be charged to the certified operation at a rate of $100 per new organic system plan submitted.

(b) New site application: Each new site application submitted by a renewal applicant after March 1st will be charged $40 per application.

(c) Land assessment: A fee of $100 per inspection will be charged to a renewal applicant when an evaluation of one or more production sites is part of an inspection. The land assessment fee does not apply to the annual examination of a renewal applicant's existing certified sites.

(d) New facility: Certified operations are charged a fee of $100 per request to evaluate an additional facility.

(e) Expedited services: New and renewing applicants may request expedited services. Expedited services are defined as inspections and reviews conducted outside of the normal timelines and may be provided by the department if sufficient staff is available to expedite the work.

(i) Expedited services that do not require an inspection are charged a rate of $500 to receive an evaluation and certification decision within five business days from the acceptance of the request.

(ii) Expedited services requiring an inspection prior to a certification decision are charged a rate of $750 to receive an inspection on an expedited and agreed upon timeline that takes the crop harvest or anticipated production or handling dates into consideration. The review of the inspection report will be completed within five business days from the date of the inspection. The expedite fee is in addition to the inspection fee outlined under the certification fee schedule.

(f) Mediation fee: A $500 fee plus the cost of a formal mediator, if applicable, will be charged to a new or renewal applicant when mediation is accepted by the department.

History

Statutory Authority: RCW 15.86.065 and 15.86.070. WSR 24-01-130, § 16-157-251, filed 12/19/23, effective 1/19/24
WSR 19-01-062, § 16-157-251, filed 12/14/18, effective 1/14/19.

Wash. Admin. Code § 16-157-255 Sampling.

A representative sample of any organic product may be tested for pesticide or other contaminants whenever the director deems it necessary for organic certification or maintenance of organic certification. Sample analysis is provided under the application and certification fees.

History

Statutory Authority: RCW 15.86.060 and 15.86.070. WSR 06-23-108, § 16-157-255, filed 11/17/06, effective 12/18/06. Statutory Authority: Chapter 15.86 RCW. WSR 03-03-044, § 16-157-255, filed 1/10/03, effective 2/10/03
WSR 02-10-090, § 16-157-255, filed 4/29/02, effective 5/30/02.

Wash. Admin. Code § 16-157-260 Organic and transitional certification and the use of logos.

(1) The director must review the application, inspection report, and results of any samples collected to determine if a producer, handler, processor, or retailer has complied with the conditions for organic or transitional certification. A certificate will be issued when the director determines that the operation has complied with the conditions for initial or continued organic or transitional certification.

(2) Organic producers, handlers, processors, and retailers certified under this chapter may use the organic logo, found in WAC 16-157-275, and the USDA organic seal as outlined in 7 C.F.R. Part 205 to identify organically certified products.

(3) Transitional products certified under this chapter may use the transitional logo, found in WAC 16-157-275, to identify transitional products.

(4) The logos found in WAC 16-157-275 may be printed in black and white as displayed in this chapter. Alternatively, a color version with green leaves may be used. Electronic copies of the logos are available by request from the department.

History

Statutory Authority: RCW 15.86.060 and 15.86.070. WSR 19-01-062, § 16-157-260, filed 12/14/18, effective 1/14/19
WSR 06-23-108, § 16-157-260, filed 11/17/06, effective 12/18/06. Statutory Authority: Chapter 15.86 RCW. WSR 03-03-044, § 16-157-260, filed 1/10/03, effective 2/10/03
WSR 02-10-090, § 16-157-260, filed 4/29/02, effective 5/30/02.

Wash. Admin. Code § 16-157-275 Organic and transitional certification logos.

| | | --- |

History

Statutory Authority: RCW 15.86.060 and 15.86.070. WSR 19-01-062, § 16-157-275, filed 12/14/18, effective 1/14/19. Statutory Authority: Chapter 15.86 RCW. WSR 02-10-090, § 16-157-275, filed 4/29/02, effective 5/30/02.

Wash. Admin. Code § 16-157-290 Export and transaction certificates.

(1) Organic export and transaction certificates are issued to verify that a specific shipment of organic agricultural products has been produced, processed, and handled in accordance with the National Organic Program, 7 C.F.R. Part 205, or a foreign organic standard.

(2) Applications for export and transaction certificates must be submitted on forms furnished by the department. The applicant must furnish all information requested on the application. A separate application must be made for each export and transaction certificate.

(3) The fee for export and transaction certificates is forty dollars per application.

History

Statutory Authority: RCW 15.86.060 and 15.86.070. WSR 19-01-062, § 16-157-290, filed 12/14/18, effective 1/14/19
WSR 06-23-108, § 16-157-290, filed 11/17/06, effective 12/18/06. Statutory Authority: Chapter 15.86 RCW. WSR 03-03-044, § 16-157-290, filed 1/10/03, effective 2/10/03
WSR 02-10-090, § 16-157-290, filed 4/29/02, effective 5/30/02.

Chapter 16-160 Registration of materials for organic food production.

Wash. Admin. Code § 16-160-010 Purpose of this chapter.

This chapter specifies the process for registering companies and listing materials approved for use in organic production, processing and handling on the department's brand name materials list, also known as the organic input material list. This chapter is promulgated pursuant to chapter 109, Laws of 2010 to implement the brand name materials list.

History

Statutory Authority: RCW 15.86.130 and 15.86.140. WSR 23-20-066, § 16-160-010, filed 9/28/23, effective 9/28/23. Statutory Authority: RCW 15.86.060, 15.86.130, and chapter 34.05 RCW. WSR 10-19-018, § 16-160-010, filed 9/8/10, effective 10/9/10. Statutory Authority: Chapter 15.86 RCW. WSR 03-03-045, § 16-160-010, filed 1/10/03, effective 2/10/03
WSR 99-16-054, § 16-160-010, filed 7/30/99, effective 8/30/99
WSR 91-05-007, § 16-160-010, filed 2/7/91, effective 3/10/91.

Wash. Admin. Code § 16-160-020 Definitions.

As used in this chapter:

"Animal manure" means feces, urine, other excrement, and bedding produced by livestock that has not been composted.

"Authorized representative" means either the registrant or a person authorized by the registrant to act on the registrant's behalf and bind the registrant for purposes of this chapter and registration on the brand materials list.

"Compost" means the product of a managed process through which microorganisms break down plant and animal materials into more available forms suitable for application to the soil.

"Crop production aid" means any substance, material, structure, or device that is used to aid a producer of an agricultural product except for fertilizers and pesticides.

"Department" means the department of agriculture of the state of Washington.

"Director" means the director of the department of agriculture or the director's designee.

"Fertilizer" means a single or blended substance containing one or more recognized plant nutrients which is used primarily for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth.

"Label" means a display of written, printed, or graphic material on the immediate container of an agricultural product or any such material affixed to any agricultural product or affixed to a bulk container containing an agricultural product, except for package liners or a display of written, printed, or graphic material which contains only information about the weight of the product.

"Labeling" includes all written, printed, or graphic material accompanying an agricultural product at any time or written, printed, or graphical material about the agricultural product displayed at retail stores about the product.

"Livestock production aid" means any substance, material, structure, or device that is used to aid a producer in the production of livestock such as parasiticides, medicines, feed additives.

"Manufacturer" means a person that compounds, produces, granulates, mixes, blends, repackages, or otherwise alters the composition of materials.

"Material" means any substance or mixture of substances that is intended to be used in agricultural production, processing, or handling.

"National Organic Program" means the program administered by the United States Department of Agriculture pursuant to 7 C.F.R. Part 205, which implements the federal Organic Food Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.).

"Organic waste-derived material" means grass clippings, leaves, weeds, bark, plantings, prunings, and other vegetative wastes, uncontaminated wood waste from logging and milling operations, food wastes, food processing wastes, and materials derived from these wastes through composting. "Organic waste-derived material" does not include products that include biosolids as defined in chapter 70.95J RCW.

"Person" means any natural person, firm, partnership, exchange, association, trustee, receiver, corporation, and any member, officer, or employee thereof or assignee for the benefit of creditors.

"Pesticide" means, but is not limited to:

(a) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, nematode, mollusk, fungus, weed, and any other form of plant or animal life or virus, except virus on or in living man or other animal, which is normally considered to be a pest or which the director may declare to be a pest;

(b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant; and

"Postharvest material" means any substance, material, structure, or device that is used in the postharvest handling of agricultural products.

"Processing aid" means a substance that is added to a food:

(a) During processing, but is removed in some manner from the food before it is packaged in its finished form;

(b) During processing, is converted into constituents normally present in the food, and does not significantly increase the amount of the constituents naturally found in the food; and

(c) For its technical or functional effect in the processing but is present in the finished food at insignificant levels and does not have any technical or functional effect in that food.

"Registrant" means the person registering a material on the brand name materials list under the provisions of this chapter.

"Soil amendment" means any substance that is intended to improve the physical characteristics of the soil, except for fertilizers and pesticides.

"Spray adjuvant" means any product intended to be used with a pesticide as an aid to the application or to the effect of the pesticide and that is in a package or container separate from the pesticide. Spray adjuvant includes, but is not limited to, wetting agents, spreading agents, deposit builders, adhesives, emulsifying agents, deflocculating agents, and water modifiers or similar agent with or without toxic properties of its own intended to be used with any other pesticide as an aid to its application or to its effect. Spray adjuvant does not include products that are only intended to mark the location where a pesticide is applied.

"USDA" means the United States Department of Agriculture.

History

Statutory Authority: RCW 15.86.060, 15.86.130, and chapter 34.05 RCW. WSR 10-19-018, § 16-160-020, filed 9/8/10, effective 10/9/10. Statutory Authority: Chapter 15.86 RCW. WSR 03-03-045, § 16-160-020, filed 1/10/03, effective 2/10/03
WSR 99-16-054, § 16-160-020, filed 7/30/99, effective 8/30/99
WSR 91-05-007, § 16-160-020, filed 2/7/91, effective 3/10/91.

Wash. Admin. Code § 16-160-120 Applications.

(1) Registration with the department and listing of a material on the brand name materials list is voluntary. While registration is not required for a material to be used or sold in this state, registration is necessary for a material to be included on the department's organic input material list.

(2) The listing of a material on the organic input material list under this chapter does not guarantee acceptance for use in organic production, processing, or handling by organic certifying agents other than the department. The department is not liable for any losses or damage that occurs as a result of use of a material listed on the organic input material list.

History

Statutory Authority: RCW 15.86.130 and 15.86.140. WSR 23-20-066, § 16-160-120, filed 9/28/23, effective 9/28/23. Statutory Authority: RCW 15.86.060, 15.86.130, and chapter 34.05 RCW. WSR 10-19-018, § 16-160-120, filed 9/8/10, effective 10/9/10.

Wash. Admin. Code § 16-160-130 General application requirements.

(1) Manufacturers of materials used in organic production, processing or handling may submit an application for registration with the department's organic program.

(2) Current registrants and potential applicants may submit applications for products to be listed on the organic input material list.

(3) The department approves product applications when the applicant demonstrates the material meets the requirements for products as outlined in WAC 16-160-165.

(4) All registrations and product listings expire on December 31st of the registration year.

(5) During the term of registration, if at any time the registrant has no approved or pending product listings, the registration will be canceled.

(6) Requests for expedited review must be submitted on a form provided by the department. If approved, expedited review is billed as provided under WAC 16-160-200.

History

Statutory Authority: RCW 15.86.130 and 15.86.140. WSR 23-20-066, § 16-160-130, filed 9/28/23, effective 9/28/23. Statutory Authority: RCW 15.86.060, 15.86.130, and chapter 34.05 RCW. WSR 10-19-018, § 16-160-130, filed 9/8/10, effective 10/9/10.

Wash. Admin. Code § 16-160-140 Initial application requirements.

(1) To have products listed on the organic input material list, manufacturers must register with the department. To apply for registration, applicants must submit:

(a) An application form.

(b) A material registrant agreement in which the registrant agrees to comply with chapter 16-160 WAC.

(d) A product application for each product to be listed on the organic input material list.

(2) Each product application must include:

(a) The brand name the material is sold under.

(b) Manufacturer information:

(i) Name and address of the manufacturer;

(ii) Contact information, including the name and phone number of the authorized representative of the registrant; and

(iii) List of all material manufactured at the same facility as the brand name material.

(c) A copy of the label or bill of lading accompanying the material and a statement of all claims made for it, including directions and precautions for use.

(d) The complete formula or any alternate formulations for the material, including active and inert ingredients:

(i) Supplier of each ingredient;

(ii) Percentage of ingredient in the final formula; and

(iii) Purpose of each ingredient in the formula.

(e) Ingredient information for each ingredient listed in the formula (including alternate formulas) sufficient to demonstrate compliance with USDA organic regulations (7 C.F.R. Part 205):

(i) Manufacturing process; and

(ii) Formulation, including active and inert ingredients.

(f) A description of the manufacturing process for the material, including all substances used for the extraction and synthesis process, if appropriate. If the manufacturing facility manufactures materials other than the material listed in the application, the application must include a plan to prevent the contamination or commingling of materials allowed or prohibited in organic agriculture.

(g) A flow chart, indicating movement of material from incoming ingredient to outgoing final material. The flow chart may include, but is not limited to:

(i) Storage facilities;

(ii) Equipment location; and

(iii) Shipping facilities.

(h) The intended use of the material.

(i) The required fee for registration.

(j) Applicants seeking to list fertilizers and pesticides must submit verification of a valid registration from the department's pesticide management division. This requirement may be waived if the applicant verifies the product will not be sold or distributed in Washington state.

(k) The department may request additional information related to the items above as necessary to demonstrate that the material meets USDA organic regulations (7 C.F.R. Part 205).

(3) Registrants packaging or distributing materials manufactured by another person or manufacturer must submit a statement from the person or manufacturer granting access to the manufacturing facility and authorizing inspections in accordance with WAC 16-160-180.

History

Statutory Authority: RCW 15.86.130 and 15.86.140. WSR 23-20-066, § 16-160-140, filed 9/28/23, effective 9/28/23. Statutory Authority: RCW 15.86.060, 15.86.130, and chapter 34.05 RCW. WSR 10-19-018, § 16-160-140, filed 9/8/10, effective 10/9/10.

Wash. Admin. Code § 16-160-150 Renewal application requirements.

(1) To renew a registration, registrants must submit:

(a) An application form;

(b) A material registrant agreement in which the registrant agrees to comply with chapter 16-160 WAC;

(d) Notification of any unreported changes to the company or product information; and

(e) The required fee for renewal. Renewal applications postmarked after October 31st must include the appropriate late fee as listed under WAC 16-160-200.

(2) Registrants packaging or distributing materials manufactured by another person or manufacturer must submit a statement from the person or manufacturer granting access to the manufacturing facility and authorizing inspections in accordance with WAC 16-160-180 every five years.

(3) Full disclosure of the complete formula of the material, including active and inert ingredients, and any other information necessary to demonstrate compliance is required every five years.

History

Statutory Authority: RCW 15.86.130 and 15.86.140. WSR 23-20-066, § 16-160-150, filed 9/28/23, effective 9/28/23. Statutory Authority: RCW 15.86.060, 15.86.130, and chapter 34.05 RCW. WSR 10-19-018, § 16-160-150, filed 9/8/10, effective 10/9/10.

Wash. Admin. Code § 16-160-160 Updating an application.

If any changes to the information provided in an initial or renewal application occurs at any time after the application is submitted, the registrant must immediately submit the corrected information to the department for review. This information includes, but is not limited to, changes in material formulation, ingredient suppliers, manufacturing facilities or processes, labels or other production or marketing processes. The corrected information must be provided in writing. Failure by the registrant to provide correction to the information provided in an application may result in suspension or revocation of the registration, either in part or in full.

History

Statutory Authority: RCW 15.86.130 and 15.86.140. WSR 23-20-066, § 16-160-160, filed 9/28/23, effective 9/28/23. Statutory Authority: RCW 15.86.060, 15.86.130, and chapter 34.05 RCW. WSR 10-19-018, § 16-160-160, filed 9/8/10, effective 10/9/10.

Wash. Admin. Code § 16-160-165 Product requirements.

Products listed on the organic input material list must meet all requirements in this section. If at any time a listed product or product application is found to be in violation of one or more of these requirements, the company's registration may be denied, suspended, or revoked as provided under WAC 16-160-220. Products must:

(1) Meet the requirements of the USDA organic regulations (7 C.F.R. Part 205) and be approved for use in organic production, processing, or handling in accordance with the USDA organic regulations (7 C.F.R. Part 205). Materials may not be prohibited for use in the production or handling of organics per section 205.105 of the USDA organic regulations, and may not be otherwise prohibited for use in organic production and handling by the National Organic Program.

(2) Be clearly distinguishable from other products.

History

Statutory Authority: RCW 15.86.130 and 15.86.140. WSR 23-20-066, § 16-160-165, filed 9/28/23, effective 9/28/23.

Wash. Admin. Code § 16-160-170 Confidential information.

Any information provided to the department under this chapter that the registrant desires to claim as exempt from disclosure under the provisions of chapter 42.56 RCW, the Public Records Act, or as a trade secret under chapter 19.108 RCW, the Uniform Trade Secrets Act, or other statute must be clearly designated as confidential. However, the determination of whether the information is exempt from disclosure will be based solely upon chapter 42.56 RCW or other applicable law.

History

Statutory Authority: RCW 15.86.060, 15.86.130, and chapter 34.05 RCW. WSR 10-19-018, § 16-160-170, filed 9/8/10, effective 10/9/10.

Wash. Admin. Code § 16-160-180 Inspections.

(1) By applying for registration on the brand name materials list, the registrant expressly grants to jurisdiction of the state of Washington in all matters related to the registration.

(2) By applying for registration on the brand name materials list, the registrant expressly grants the department or other organic certifying agent or inspection agent approved by the National Organic Program the right to enter the registrant's premises during normal business hours or at other reasonable times to:

(a) Inspect the portion of the premises where the materials, inputs or ingredients are stored, produced, manufactured, packaged or labeled;

(b) Inspect records related to the sales, storage, production, manufacture, packaging or labeling of the material, inputs or ingredients; and

(3) Inspections may be conducted as a condition of ongoing compliance, after receiving an initial or a renewal application, notification of a change to an application, upon receipt of a complaint, or as required by the National Organic Program. Inspections may be announced or unannounced.

(4) Should the registrant or manufacturer refuse to allow inspection of the premises or records or fail to provide samples, the registration on the brand name materials list is canceled as provided under WAC 16-160-220. The department shall deny applications for registration where the registrant refuses to allow the inspection of the premises or records, or fails to provide samples as provided in this section.

(5) Inspections must be documented on a form approved by the department. Inspections conducted by an inspection body other than the department will be accepted when a review determines that the inspection document is sufficient to demonstrate compliance with the USDA organic regulations (7 C.F.R. Part 205).

History

Statutory Authority: RCW 15.86.130 and 15.86.140. WSR 23-20-066, § 16-160-180, filed 9/28/23, effective 9/28/23. Statutory Authority: RCW 15.86.060, 15.86.130, and chapter 34.05 RCW. WSR 10-19-018, § 16-160-180, filed 9/8/10, effective 10/9/10.

Wash. Admin. Code § 16-160-190 Recordkeeping requirements.

(1) Registrants must maintain records sufficient to verify that the materials are approved for use in organic production, processing, or handling and comply with the USDA organic regulations (7 C.F.R. Part 205). These records may include:

(a) Records pertaining to incoming raw materials:

(i) Invoices/bills of lading;

(ii) Transportation documentation;

(iii) Material safety data sheets;

(iv) Storage documentation.

(b) Production records:

(i) Material formulations;

(ii) Dates of production;

(iii) Amount of ingredients used in each batch;

(iv) Amount of final materials;

(v) Sampling and/or laboratory analyses;

(vi) Lot identification and tracking;

(vii) Other records maintained during manufacturing.

(i) Packaging documentation;

(ii) Sales documentation;

• Purchase orders;

• Receipts;

• Shipping documents;

(iii) Storage documentation.

(2) Records shall be maintained for six years.

History

Statutory Authority: RCW 15.86.130 and 15.86.140. WSR 23-20-066, § 16-160-190, filed 9/28/23, effective 9/28/23. Statutory Authority: RCW 15.86.060, 15.86.130, and chapter 34.05 RCW. WSR 10-19-018, § 16-160-190, filed 9/8/10, effective 10/9/10.

Wash. Admin. Code § 16-160-200 Fees.

To receive or maintain registration, businesses must submit an application packet and fees to the department each year.

(1) New application fee: A new application fee is due with each annual application for registration.

(a) A new application fee includes a company fee which is assessed based on the operation's total gross annual income from the previous year. Total gross annual income is not limited to the sales or distribution of registered products.

| Total gross annual income in previous calendar year | New company fee due | | --- | --- | | $0 - $249,999 | $125.00 | | $250,000 - $999,999 | $250.00 | | $1,000,000 - $4,999,999 | $500.00 | | $5,000,000 - $19,999,999 | $1,000.00 | | $20,000,000 - $49,999,999 | $1,750.00 | | $50,000,000 - and up | $2,400.00 |

(b) Businesses who do not wish to disclose their gross annual income may instead choose to pay the maximum company fee of $2,400.

(c) A new application fee includes a product fee which is assessed based on the total number of products included in the application. The product fee is $350 per product application.

(d) While a registrant's account is active, with either listed products or products pending evaluation, companies may submit applications for new products without incurring a company fee. The product fee is $350 per product included in subsequent applications.

(2) Renewal fee: A renewal fee must be submitted annually by October 31st with each renewal application.

(a) A renewal fee includes a company fee which is assessed based on the operation's total gross annual income from the previous year. Total gross annual income is not limited to the sales or distribution of registered products.

| Total gross annual income in previous calendar year | Renewing company fee due | | --- | --- | | $0 - $249,999 | $125.00 | | $250,000 - $999,999 | $250.00 | | $1,000,000 - $4,999,999 | $500.00 | | $5,000,000 - $19,999,999 | $1,000.00 | | $20,000,000 - $49,999,999 | $1,750.00 | | $50,000,000 - and up | $2,400.00 |

(b) Companies who do not wish to disclose their gross annual income may instead choose to pay the maximum company fee of $2,400.

(c) A renewal fee includes a product fee which is assessed based on the total number of products being renewed. The product fee is $350 per renewing product.

(d) Renewal applications and fees submitted after October 31st must include a late fee in addition to the appropriate company and product fees. Renewal applications submitted after February 2nd will not be accepted, and applicants must reapply as new applicants.

| If a renewal application is submitted after: | Late fee due | | --- | --- | | October 31st | $100.00 | | November 30th | $200.00 | | December 31st | $300.00 |

(3) Inspection fee: An inspection fee must be submitted after each inspection conducted by the department. The inspection fee is $2,000.

(a) Small businesses, as defined by the Regulatory Fairness Act (chapter 19.85 RCW), qualify for a $1,500 discount to their inspection fee.

(b) Out-of-state inspections, if necessary to determine compliance or requested by the operation, shall be charged to the operation at a rate of $3,000 and include any travel expenses in excess of $3,000. Out-of-state inspection fees do not replace, and are in addition to, the standard inspection fee as outlined under this section.

(4) Samples: Chemical analysis of samples, if required for registration or renewal, or obtained during an inspection, will be charged to the applicant at a rate established by the department or at the cost for analyses performed by another laboratory.

(5) Expedited services: New and renewing applicants may request expedited services. Expedited services are defined as inspections and reviews conducted outside of the normal timelines and may be provided by the department if sufficient capacity is available to expedite the work. Fees for expedited services do not replace, and are in addition to, any other required fees as outlined in this section.

(a) Expedited services not requiring an inspection are charged a rate of $500 to receive an evaluation and certification decision within five business days from the acceptance of the request.

(b) Expedited services requiring an inspection prior to a certification decision are charged a rate of $750. Expedited services under this subsection take production or handling dates into consideration. The review of the inspection report will be completed within five business days from the date of the inspection.

History

Statutory Authority: RCW 15.86.130 and 15.86.140. WSR 23-20-066, § 16-160-200, filed 9/28/23, effective 9/28/23. Statutory Authority: RCW 15.86.060, 15.86.130, and chapter 34.05 RCW. WSR 10-19-018, § 16-160-200, filed 9/8/10, effective 10/9/10.

Wash. Admin. Code § 16-160-210 Labels and logos.

(1) A person whose material is registered under this chapter may use the words "approved material under Washington state department of agriculture organic food program" and may use the logo specified in this section in the labeling of the material.

The logos found in this section may be printed in black and white as displayed in this chapter. Alternatively, a color version with blue leaves, circle and background may be used. Electronic copies of the logos are available by request from the department.

(2) Registered materials are not certified as organic by the department and are prohibited from making claims indicating products are "certified organic" or similar term.

(3) Materials that are not registered under this chapter are prohibited from using the statement or the logo in this section in the labeling of the material.

(4) In addition to the other limitations expressed in this chapter and chapter 15.86 RCW, registration does not imply the Washington department of agriculture endorses the use of the product, does not make any guarantee that the material performs as represented by the registrant, and does not guarantee acceptance for use in organic production by certifying agents other than the department.

| | | --- |

History

Statutory Authority: RCW 15.86.130 and 15.86.140. WSR 23-20-066, § 16-160-210, filed 9/28/23, effective 9/28/23. Statutory Authority: RCW 15.86.060, 15.86.130, and chapter 34.05 RCW. WSR 10-19-018, § 16-160-210, filed 9/8/10, effective 10/9/10.

Wash. Admin. Code § 16-160-220 Suspension, revocation, cancellation, and denial of registrations.

(1) Registrations with the department's organic program, and applications for registration, are governed by chapter 34.05 RCW. The director may deny, suspend, cancel, or revoke a registration with the department, in part or in full, if the director determines that a registrant has failed to meet the registration criteria established under chapter 15.86 RCW or chapter 16-160 WAC, or violated any other provision under chapter 15.86 RCW or chapter 16-160 WAC.

(2) Product applications or listings will be revoked, canceled, or denied if a material fails to meet the standards for approval or is no longer approved for use in organic production, processing, or handling by the National Organic Program.

History

Statutory Authority: RCW 15.86.130 and 15.86.140. WSR 23-20-066, § 16-160-220, filed 9/28/23, effective 9/28/23. Statutory Authority: RCW 15.86.060, 15.86.130, and chapter 34.05 RCW. WSR 10-19-018, § 16-160-220, filed 9/8/10, effective 10/9/10.

Chapter 16-165 Food inspection.

Wash. Admin. Code § 16-165-100 Food establishments—Inspection criteria—Purpose.

The purpose of the following rules is to:

(1) Establish an inspection criteria and a rating system that will be used to determine whether food processing establishments which process, handle or store food in intrastate commerce, are in compliance with chapters 16.49, 69.07, 69.10, and 15.130 RCW, and regulations adopted thereunder, including Title 21 C.F.R.

(2) Identify steps leading to enforcement actions by the department.

(3) Establish criteria for licensing food establishments under chapters 69.07 and 69.10 RCW.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-165-100, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 16.49.680, 19.32.030, 69.04.730, 69.07.020 and 69.10.055. WSR 99-13-001, § 16-165-100, filed 6/3/99, effective 7/4/99.

Wash. Admin. Code § 16-165-110 Food processor licensing—New application—Inspection criteria.

To qualify for a new food processing plant license issued under chapter 69.07 RCW, the Washington Food Processing Act, a food processing facility must first make application to the department. After the department receives a complete application, the department will inspect the facility. The facility must be in compliance with the following requirements prior to issuance of a license:

The food processing facility must achieve a score of ninety points or higher on the prelicensing inspection AND be in compliance with licensing criteria. Refer to WAC 16-165-140 for the inspection criteria. For the purposes of licensing, a food processing facility may incur a one-point debit of a licensing criteria that has sliding scale.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-165-110, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 16.49.680, 19.32.030, 69.04.730, 69.07.020 and 69.10.055. WSR 99-13-001, § 16-165-110, filed 6/3/99, effective 7/4/99.

Wash. Admin. Code § 16-165-120 Food establishments—Definitions.

WAC 16-165-120

(1) Definitions for terms used in this chapter may be found in chapters 69.07, 69.10, and 15.130 RCW, and Title 21 C.F.R. as adopted, unless otherwise provided in this chapter.

(2) For the purposes of this chapter, the following definitions apply:

(a) "Adequate" means that which is needed to accomplish the intended purpose in keeping with good public health practice.

(b) "Critical violation" means a violation of the inspection criteria that is a direct violation of RCW 15.130.200 with respect to adulterated food or a violation that results in food adulteration that could cause injury or illness in consumers, or that has the potential to contribute to conditions resulting in such adulteration.

(d) "Director" means the director of agriculture.

(e) "Establishment or food establishment" means any premise, plant, building, room, area, sugar shack, or facility which processes, prepares, handles or stores food or food products for sale in intrastate commerce including food processors, food storage warehouses, custom slaughter operations, refrigerated lockers, maple syrup processors, and dairy manufacturing plants.

(f) "Grade standards" means the standards prescribed in Section 52.5962 of the United States Standards for Grades of Maple Syrup (March 2, 2015).

(g) "Labeling" and "finished product labeling" means labeling to follow the U.S. Food and Drug Administration (FDA) labeling requirements for packaged food in 21 C.F.R. Part 101, 21 U.S.C. 321, and Section 52.5962 of the United States Standards for Grades of Maple Syrup.

(h) "Licensing criteria violation" means any violation of the inspection criteria required to be in compliance prior to the issuance of a food processor's license under chapter 69.07 RCW.

(i) "Maple sap" means the sap or sweet water obtained by tapping a maple tree.

(j) "Maple syrup" means the liquid food derived by concentrating and heat-treating sap from the maple tree (Acer) as defined in the U.S. Food and Drug Administration (FDA) Standards of Identity for Maple Sirup (21 C.F.R. 168.140) issued under the federal Food, Drug, and Cosmetic Act. The solids content of the finished maple syrup shall not be less 66 percent by weight (Brix).

(k) "Sanitize" means to adequately treat food contact surfaces by a process that is effective in destroying vegetative cells of microorganisms of public health significance, and in substantially reducing numbers of other undesirable microorganisms, but without adversely affecting the product or its safety for the consumer.

(l) "Maple syrup processing establishment" means any premise, plant, building, room, area, or facility which processes, prepares, handles, or stores maple syrup for sale in intrastate commerce.

(m) "Maple syrup processing operation" means a person or business that produces maple syrup for sale, and includes the collection of maple tree sap, the processing of maple sap into maple syrup, and all related facilities, equipment, and employees.

(n) "Significant violation" means any violation of the inspection criteria not deemed to be a critical violation as defined in WAC 16-165-140(2).

(o) "Sugar shack" means a structure used, in whole or in part, for the collection, storage, or processing of maple sap into maple syrup. A sugar shack does not include a domestic residence. A sugar shack need not be a permanent structure, but the permittee must be able to ensure sanitary conditions in the processing area.

History

Statutory Authority: RCW 69.07.020 and 69.07.070. WSR 26-15-012, s 16-165-120, filed 7/6/26, effective 8/6/26. Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-165-120, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 16.49.680, 19.32.030, 69.04.730, 69.07.020 and 69.10.055. WSR 99-13-001, § 16-165-120, filed 6/3/99, effective 7/4/99.

Wash. Admin. Code § 16-165-130 Food establishments—Inspection criteria definitions—Interpretations.

WAC 16-165-130

WSDA will use the definitions and interpretations in this section to determine if a food establishment inspection complies with the inspection criteria.

(1) "Clean and adequate protective clothing and hair restraints" means the clothing or the outside layer of clothing, which can occasionally or incidentally contact food, either directly or indirectly, is:

(a) Clean at the start of the work shift; and

(b) Changed when the clothing becomes so soiled during the course of the work shift that contamination of food, food packaging, or food contact surfaces becomes imminent; and

(c) Suitable to the specific food processing operation for protection against the contamination of food, food packaging, and food contact surfaces.

Clean and effective hair restraints, such as hairnets, or beard nets if appropriate, are worn for the protection of food from contamination. Hats, caps, scarves or other head cover are acceptable if the hair is properly contained to protect food from contamination. Hair spray and/or tying back the hair in ponytails, etc., are not considered effective hair restraints.

(2) "Adequate washing and sanitizing of hands as necessary" means washing and sanitizing hands thoroughly to protect against contamination of food from undesirable microorganisms in an adequate handwash facility by:

(a) Using proper handwashing methods which consist of:

(i) Applying soap to hands;

(ii) Using warm water;

(iii) Scrubbing hands thoroughly;

(iv) Rinsing and drying hands using methods that prevent food contamination;

(b) Washing hands before beginning work, after each absence from the work station, and any time hands become soiled or contaminated; and

(3) "Garments and personal belongings stored appropriately; not a source of contamination" means personal belongings and garments, either personal or plant supplied, are stored or kept separately from food processing, handling and storage operations such as in an area, locker, cupboard, or other closeable unit that is dedicated to the storing or hanging of personal belongings and clothing so not to become a source of contamination to food, food packaging, or food contact surfaces; and

No food, packaging materials, utensils, or equipment used in the food processing operation are kept, stored, or commingled with personal belongings or garments.

(4) "Processes separated as required" means there is a separation of processes for the purpose of reducing potential contamination in food processing operations where contamination is likely to occur. One or more of the following means may accomplish this:

(a) Location;

(b) Time;

(d) Air flow;

(e) Enclosed systems; or

(f) Other effective method.

(5) "Adequate light" means a minimum of 25 foot candles at the working surfaces of food processing areas and a minimum of 10 foot candles at the floor level in all other food processing areas.

(6) "Detergents, sanitizers, and toxic materials properly identified" means:

(a) Labeling any container containing detergent, sanitizer, or toxic material with the:

(i) Product name;

(ii) Chemical description;

(iii) Directions for use;

(iv) Any required precautionary and warning statements;

(v) First-aid instructions;

(vi) Name and address of the manufacturer or distributor; and

(vii) Any other additional information required by the federal Environmental Protection Agency or other laws or rules; or

(b) Small transport or use containers for detergents, sanitizers, or toxic materials are used only under the following conditions:

(i) The contents are properly identified on the container. Labeling the container with the common name is acceptable if the original storage container is on hand and properly identified;

(ii) No food container is used as a container for detergents, sanitizers, or toxic materials;

(iii) No container used for detergents, sanitizers, or toxic materials is used as a food container.

(7) "Product contact surfaces clean and maintained in a sanitary condition, cleaned, and sanitized prior to each use or as essential" means:

(a) Product contact surfaces of equipment, utensils, containers, and other articles used in the processing of food, when its continued use is apparent, are not soiled with any residue or contaminant that could adulterate food products as defined in RCW 15.130.200; and

(b) Food residues are removed from food product contact surfaces frequently enough to prevent residues from becoming unwholesome or unfit for food, decomposed, filthy, putrid, or injurious to health; and

(8) "Product contact surfaces clean and maintained in a sanitary condition, cleaned and sanitized prior to each use or as essential: Critical violation" means it is a critical violation if a food product contact surface comes into contact with potentially hazardous food and the surface is not sanitized after cleaning or prior to use.

Product contact surfaces that become contaminated, but are cleaned and sanitized prior to use are not considered a critical violation.

(9) "Nonproduct contact surfaces of equipment cleaned and maintained in a sanitary condition" means nonproduct contact surfaces of equipment used in the processing of food are kept reasonably free from dirt, old food residues, foreign material, dust, mold, mildew, slime, and other accumulations that occur because of day-to-day food processing operations.

(10) "In-use food contact equipment and utensils appropriately stored: Protected from contamination between uses" means the utensils used in the processing of foods, such as knives, scrapers, scoops, shovels, cutters, and other hand tools and equipment, are placed or stored in a manner to prevent food contact surfaces from being contaminated with filth. Filth includes, but is not limited to, microorganisms, unsuitable toxic chemicals, and microscopic physical contaminants.

Storage and placement of utensils or equipment in the following manner is considered inappropriate storage:

(a) In contact with the floor, dirty equipment frames, other insanitary nonfood contact surfaces;

(b) In contact with containers of nonpotable water (other than sterilizing solutions); and

(11) "In-use food contact equipment and utensils appropriately stored: Protected from contamination between uses: Critical violation" means that it is a critical violation when a utensil or piece of equipment is or has been stored in such a manner that it becomes obviously contaminated with filth and its continued use is apparent.

Utensils and equipment that become contaminated are not considered a critical violation if the utensils and equipment are cleaned and sanitized prior to the next use.

(12) "Maple syrup processed at adequate temperatures" means maple syrup is processed and bottled between 180 and 200 degrees Fahrenheit.

(13) "USDA grade included on product labeling" must meet the requirements of that standard as prescribed in Section 52.5962 of the United States Standards for Grades of Maple Syrup.

(14) "Water supply - Safe and of sanitary quality" means the water supply used in the processing of food is potable from an approved source and is monitored in accordance with applicable laws and rules. Water from an approved source and monitored in accordance with applicable laws and rules means:

(a) Food processors who produce bottled water meet the requirements of 21 C.F.R., Part 129 and comply with the state department of health, division of drinking water requirements for a group A water system (chapter 246-290 WAC).

(b) Food processors who produce ice comply with the state department of health, division of drinking water requirements for a group A water system (chapter 246-290 WAC).

(c) Food processors with 25 or more employees and operating 60 days or more annually comply with the state department of health, division of drinking water requirements for a group A water system (chapter 246-290 WAC).

(d) Processors with less than 25 employees or operating less than 60 days annually, except single-family residences employing only household members, comply with the state department of health, division of drinking water requirements for a group B water system (chapter 246-291 WAC).

(e) Processors that operate from single-family residences on private water supplies meet the department of health, division of drinking water requirements for a group B water system (chapter 246-291 WAC) with respect to monitoring for bacteriological, chemical, and physical properties. Processors that do not use water as an ingredient or incorporate water into their product need only meet the bacteriological testing requirements.

(f) Water used for certain purposes within the food processing operation (such as circulated water used in the washing of soil from raw agricultural commodities or fluming) is acceptable if:

(i) The water does not impart harmful or deleterious substances or additives to food products; and

(ii) The food products in contact with the water undergo a final potable water wash/rinse; and

(iii) The water meets the requirements of the good manufacturing practices under 21 C.F.R., Part 117.

(15) "Current satisfactory water test" means analysis verifying the bacteriological, physical and chemical safety of the water has been conducted according to appropriate group A or B water system monitoring schedules or, in the case of bottled water operations, according to the requirements of Title 21 C.F.R., Part 129 and that reports of such analysis are on file at the processing facility and available for review by WSDA during routine facility inspection.

(16) "Ice from an approved source" means:

(a) Ice is manufactured on the premises of a food establishment with water that is safe and of sanitary quality; or

(b) Ice is supplied by an establishment that is under license and inspection of a federal, state, or local government agency, and proof of the water's potability is on file with the food processing plant using the ice.

(17) "Ice properly handled" means ice is processed, handled and held according to sanitary practices provided in 21 C.F.R., Part 117, and ice used in the processing of food is protected from contamination by taking the necessary precautions during its manufacture, storage, transport and use. Necessary precautions include, but are not limited to:

(a) Storage bins and containers of water are covered;

(b) All storage and packaging containers, including ice house or storage room contact surfaces, are sanitary, readily cleanable, and do not impart deleterious materials to the ice. Wooden totes are not to be used for the transporting or holding of ice;

(c) Scoops, shovels, and other utensils used in the handling of ice are in a sanitary condition, properly stored, readily cleanable, and do not impart deleterious materials to the ice;

(d) The ice does not come into contact with floor areas where foot traffic is possible; and

(e) Equipment used to manufacture ice is in a sanitary condition, readily cleanable, and does not impart any deleterious or other foreign substances to the ice.

(18) "No cross connections, no back siphonage" means there is no backflow from or cross connection between piping systems that discharge waste water sewage and piping systems that carry water for food manufacturing. This includes any cross connection between a potable water system and:

(a) A system in which the water contains boiler additives; or

(b) A CIP (clean in place) system; or

(19) "Adequate floor drains and plumbing to convey wastes and sewage from the plant, into approved sewage disposal system" means:

(a) Plumbing is designed, sized, installed, and maintained in accordance with applicable state and local plumbing codes so that sewage and liquid disposable waste is readily conveyed from the plant;

(b) Floor drainage is sufficient to prevent excessive pooling of water or other disposable waste;

(c) Plumbing and drains do not provide a source of contamination to food, potable water, food contact surfaces, or food packaging material or create any insanitary condition; and

(d) Sewage is disposed into a municipal sewer system or other system approved by a federal, state or local agency having jurisdiction.

(20) "Adequate, readily accessible toilet facilities" means:

(a) A food establishment provides its employees with toilet facilities that are located within a reasonable distance to the work area, and the toilet facilities are maintained in accordance with 21 C.F.R., Part 117, and:

(i) Toilet facilities are located on the premises of a licensed food establishment; or

(ii) If the food establishment shares space in a multiple building complex, toilet facilities are located within the complex and within a reasonable distance from the work area; or

(iii) A domestic toilet facility is sufficient if the food processing operation is a family operation where only family members are employed and if the domestic toilet facility meets applicable requirements provided in 21 C.F.R., Part 117.

(b) Outhouses, chemical toilets, or other nonflush toilets may not be used in a food establishment.

(21) "Toilets clean, in good repair, not opening directly into process areas, self-closing doors" means toilet rooms are kept clean, free of trash and litter, in good repair, and all toilet room doors are self-closing and do not open directly into a food processing area.

(22) "Handwash facilities adequate and convenient, with hot and cold or tempered water" means food handlers in a food establishment have access to one or more handwashing facilities with hot, cold, or tempered running water, and:

(a) There is at least one handwash facility located in the food processing area in a location convenient to each food handling area when hands come into contact with or manipulate unwrapped or unpackaged ready to eat food. (Hand sanitizing stations may be required if appropriate); or

(b) Handwash facilities are located in rest rooms or other areas in operations where food is not manipulated by hand and hands do not contact the food; or

(c) Handwash facilities are located in rest rooms or other areas and hand sanitizing stations are located in food processing areas in operations where food would normally undergo further preparation (for example washing, cleaning, cooking or other processing) either in the plant or by the consumer that would adequately eliminate physical, chemical, and microbiological contaminants introduced by handling.

(23) "Hand dips provided as necessary" means hand sanitizing stations are provided, and properly positioned and maintained in all food operations as provided in subsection (22)(c) of this section.

(a) For the purposes of this subsection, "properly positioned" means:

(i) Food handlers have ready access to hand sanitizing stations when returning from the toilet, handwash stations, lunch and breaks and whenever necessary while working; and

(ii) At least one hand sanitizing station is inside the process room entryways on each side of the processing table, lines and equipment where food is manipulated by hand, and at least one hand sanitizing station for every 10 food handlers at processing tables, lines, and equipment.

(b) For the purposes of this subsection, "properly maintained" means sanitizing solutions are checked and recharged to a strength equal to 10 PPM chlorine or 25 PPM iodine, and changed every four hours while in use.

(24) "Food protected from contamination in storage" means food is stored under conditions that protect food against physical, chemical and microbial contamination, as well as against deterioration of the food and the container.

(25) "Food protected from contamination in storage: Critical violation" means it is a critical violation when:

(a) A storage situation allows potential contamination of products. This includes, but is not limited to, the storing of raw materials in such a fashion that they cross-contaminate finished food products, particularly ready to eat food. For example, the storage of raw fish and seafood, meat, poultry, and other food which inherently contains pathogenic and spoilage microorganisms, as well as soil and other foreign material, is in direct contact with other food in the same container or in any other cross-contaminating circumstance with finished food products; or

(b) Raw materials or food products from unapproved or uncertified sources are used that are inherently associated with food-borne illnesses. Raw products include, but are not limited to:

(i) Unpasteurized milk and dairy products;

(ii) Unpasteurized eggs used in products which are not heated to pasteurization temperatures during processing;

(iii) Home canned low-acid foods;

(iv) Raw uncertified shellfish; and

(v) Uninspected meat products.

(26) "Adequate records maintained as required" means all records are maintained as provided under Title 21 C.F.R., Part 113 Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers; Part 114, Acidified Foods; Part 129, Processing and Bottling of Bottled Drinking Water; and any other law or rule requiring recordkeeping, except that water tests under Part 129 are covered under subsection (15) of this section, "Current satisfactory water test."

(27) "Adequate records maintained as required: Critical violation" means it is a critical violation when a record is not maintained on any food process and/or controls as provided for in subsection (26) of this section, or so poorly maintained that the information intended to be conveyed by the record is lacking or cannot be determined.

(28) "Products coded as required" means all products are coded as provided under Title 21 C.F.R., Part 113, Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers; Part 114, Acidified Foods; Part 129, Processing and Bottling of Bottled Drinking Water; and any other law or rule requiring that products be coded.

(29) "Products coded as required: Critical violation" means it is a critical violation when a product is not coded as required in subsection (28) of this section, or so inadequately coded with respect to the food product, the plant where manufactured, the date manufactured, time or batch manufactured, cannot be readily identified.

(30) "Packaging material properly handled and stored" means:

A food contact surface of food packaging material is protected from potential sources of contamination during handling and storage. This includes, but is not limited to:

(a) Boxes, liners, and other primary containers are stored off floors or other insanitary surfaces;

(b) Top containers in a nested stack of lined or primary containers are inverted or otherwise protected;

(c) All single service containers, caps, roll stock, liner jars, bottles, jugs, and other preformed containers are stored in closed sanitary tubes, wrappings, boxes, or cartons prior to use;

(d) The forming, make-up, or other package assembly is conducted in a manner that precludes contamination; and

(e) The handling of packaging material and containers prior to filling or wrapping is conducted so not to expose them to contamination by dust, foreign material, or other contaminants.

(31) "Potentially hazardous food" means any food, whole or in part, capable of supporting the germination, growth, and/or toxin production by infectious or toxic microorganisms is at temperatures between 38°F and 145°F, and/or food is otherwise harmful to health.

History

Statutory Authority: RCW 69.07.020 and 69.07.070. WSR 26-15-012, s 16-165-130, filed 7/6/26, effective 8/6/26. Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-165-130, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 16.49.680, 19.32.030, 69.04.730, 69.07.020 and 69.10.055. WSR 99-13-001, § 16-165-130, filed 6/3/99, effective 7/4/99.

Wash. Admin. Code § 16-165-140 Food establishment—Inspection criteria.

The food inspection criteria shall be in accordance with the following table for determining:

(1) If a food establishment is in compliance with chapters 16.49, 69.07, 69.10, and 15.130 RCW, and rules adopted thereunder;

(2) The debit value for each significant violation; and

(3) Whether a violation is critical, or a licensing requirement:

| inspection criteria Critical Inspection Criteria | | | | --- | --- | --- | | Criteria Item-Critical* | Licensing Requirement? | | | 1. | Food products free from adulteration. | Yes | | 2. | Persons with apparent infections or communicable diseases properly restricted. | Yes | | 3. | Adequate washing and sanitizing of hands as necessary, gloves used in food handling sanitary conditions. | Yes | | 4. | Product contact surfaces clean and maintained in a sanitary condition; cleaned and sanitized prior to each use or as essential. | Yes | | 5. | In use food contact equipment and utensils appropriately stored; protected from contamination between uses. | No | | 6. | Water used safe and of adequate sanitary quality; from approved source. | Yes | | 7. | No cross connections; no back-siphonage. | Yes | | 8. | Ice from approved source. | Yes | | 9. | Hot and cold water, under pressure, in areas where foods are processed or equipment washed. | Yes | | 10. | Adequate, readily accessible toilet facilities provided. | Yes | | 11. | No evidence of human defecation or urination about the premises. | Yes | | 12. | Handwash facilities adequate and convenient, including hot and cold or tempered water. | Yes | | 13. | Food protected from contamination in storage. | No | | 14. | Critical control points and factors such as time, temperature, pressure, flow rate, pH, Aw, inhibitors adequate to ensure safety of product. | Yes | | 15. | Process registered as required; processes approved as required. | Yes | | 16. | Persons involved in LACF, acidified food, pasteurized operation licensed or certified as required. | No | | 17. | Adequate records maintained as required. | No | | 18. | Products coded as required. | No | | 19. | Required critical control point monitoring devices such as retort thermometers, recorder/controllers, pH meters, approved, accurate and in place. | Yes | | 20. | Required critical control point monitoring, measurements, test, and analysis on products and containers performed as required. | No | | 21. | Potentially hazardous foods maintained at proper temperatures. | Yes | | *A critical violation results in an establishment not being in substantial compliance, therefore no debit values are assigned. | | |

| inspection criteria Significant Inspection Criteria | | | | | --- | --- | --- | --- | | Criteria Item-Significant | Debit Value | Licensing Requirement? | | | 1. | Jewelry, watches other personal items not a source of contamination. | 1 | No | | 2. | Clean and adequate protective clothing and hair restraints. | 1-2 | No | | 3. | Use of tobacco, eating and drinking of food and beverages and gum chewing restricted to appropriate areas. | 1 | No | | 4. | Garments and personal belongings stored appropriately, not a source of potential contamination. | 2 | No | | 5. | Employee work procedures preclude contamination. | 1-2 | No | | 6. | Grounds: Free from pest attractions, breeding places, harborage, excessive dust and other contaminants. | 1 | No | | 7. | Suitable size and location, construction including walls, floors, ceiling, counters, shelving, other fixtures, smooth, readily cleanable and in good repair. | 1-5 | Yes | | 8. | Processes separated as required. | 1-2 | Yes | | 9. | No operations in domestic living or sleeping quarters (including domestic kitchens). | 0 | Yes | | 10. | Adequate light. | 1-2 | Yes | | 11. | Lights; glass over food protected; breakproof. | 1 | No | | 12. | Adequate ventilation to minimize vapors, steams, noxious fumes. | 1-2 | Yes | | 13. | Drip or condensate from ceiling, fixtures, pipes, ducts not a potential source of contamination. | 1-3 | No | | 14. | Screened or protected to exclude pests. | 1-2 | No | | 15. | Building, fixtures, facilities clean; including transport vehicles. | 1-5 | Yes | | 16. | Detergents, sanitizers, toxic materials safely used and stored. | 1-3 | No | | 17. | Detergents, sanitizers and toxic materials properly identified. | 1-2 | No | | 18. | Product contact surfaces clean and maintained in a sanitary condition; cleaned and sanitized prior to each use or as essential. | 1-2 | No | | 19. | Nonproduct contact surfaces of equipment clean and maintained in a sanitary condition. | 1-2 | No | | 20. | In use food contact equipment and utensils appropriately stored; protected from contamination between uses. | 1-2 | No | | 21. | Effective measures taken to exclude pests from the facility. No harborage/breeding areas. | 1-2 | No | | 22. | Pesticides safely used and stored. | 1-3 | No | | 23. | No evidence of rodents, insects, birds or other animals. | 1-5 | Yes | | 24. | Current satisfactory water supply test. | 5 | Yes | | 25. | Water supply sufficient in quantity for intended operations. | 2 | Yes | | 26. | Adequate floor drains and plumbing to convey wastes and sewage from plant. | 1-2 | Yes | | 27. | Sewage and waste lines protected not a source of contamination. | 1-2 | Yes | | 28. | Adequate offal, rubbish and waste disposal. | 1-2 | Yes | | 29. | Toilet facilities clean and in good repair, no direct opening to process area, self-closing door. | 1-2 | Yes | | 30. | Soap and single service towels or suitable drying devices provided at handwash facilities. Adequate refuse receptacles provided. | 1-2 | No | | 31. | Readily understandable handwash signs provided at handwash facilities. | 1 | No | | 32. | Hand dips provided as necessary. | 1-2 | No | | 33. | Design, material and workmanship durable, readily cleanable and in good repair. Contact surfaces nontoxic and corrosion resistant. | 1-3 | Yes | | 34. | Design and use preclude contamination with lubricants, fuel, contaminated water, paint, rust, compressed air/gas and other contaminants. | 1-3 | No | | 35. | Freezers and cold storage units equipped with adequate thermometers. | 1 | No | | 36. | Incoming raw materials, ingredients or processed food from an approved source, in an obvious sanitary condition. Items inspected on receipt, suitable for intended use, segregated as necessary and properly stored (clean storage containers, facilities, products properly covered), frozen foods stored frozen, properly thawed; ingredients properly identified; raw materials washed or cleaned as required. | 1-5 | No | | 37. | Adequate records maintained as required - Noncritical. | 1 | No | | 38. | Products coded as required - Noncritical. | 1 | No | | 39. | Required monitoring, measurements, tests, analysis on products and containers performed as required - Noncritical. | 1 | No | | 40. | No contaminating material used, stored or transported with supplies, ingredients or processed foods. | 1-2 | No | | 41. | Packing material properly handled and stored. | 1 | No | | 42. | Food products not misbranded, including pull dates. | 1 | Yes | | 43. | Cleaning operations - conducted to minimize contamination. | 1-3 | No |

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-165-140, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 16.49.680, 19.32.030, 69.04.730, 69.07.020 and 69.10.055. WSR 99-13-001, § 16-165-140, filed 6/3/99, effective 7/4/99.

Wash. Admin. Code § 16-165-150 Food establishment inspection rating system—Inspection score.

(1) A food establishment is rated as follows at the completion of an inspection conducted by the department:

(a) A food establishment will be debited the point value assigned to the inspection item listed in WAC 16-165-140 for each violation found during an inspection.

(b) The sum of the points debited for an inspection are subtracted from the maximum point value of one hundred. The remaining sum is the establishment's score for that inspection.

(c) When the department on a food establishment inspection identifies a critical violation, no score will be listed unless the critical violation is satisfactorily corrected during the inspection.

(2) An establishment is considered in substantial compliance with the inspection criteria if:

| • | No critical violations are found, or if critical violations are found and corrected prior to completion of the inspection; and | | --- | --- | | • | The establishment's inspection score is ninety points or above. |

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-165-150, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 16.49.680, 19.32.030, 69.04.730, 69.07.020 and 69.10.055. WSR 99-13-001, § 16-165-150, filed 6/3/99, effective 7/4/99.

Wash. Admin. Code § 16-165-160 Food establishments—Basis for enforcement action.

(1) The department may issue a notice of correction for:

(a) Food establishments that score less than ninety points on an inspection; or

(b) Critical violations found during an inspection of a food establishment.

(2) The department may review and consider initiating enforcement action, such as license suspension, civil penalties, and/or other penalties provided in chapters 16.49, 69.07, 69.10, or 15.130 RCW when:

(a) Food establishments score less than ninety points on two separate inspections within a consecutive three-year period; or

(b) Food establishments fail to correct critical violations during an inspection.

(3) Nothing herein shall prevent the department from:

(a) Choosing not to pursue a case administratively.

(b) Issuing a notice of correction in lieu of pursuing administrative action.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-165-160, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 16.49.680, 19.32.030, 69.04.730, 69.07.020 and 69.10.055. WSR 99-13-001, § 16-165-160, filed 6/3/99, effective 7/4/99.

Chapter 16-167 Intrastate commerce in foods.

Wash. Admin. Code § 16-167-010 General.

(1) Consistent with the concept of uniformity where possible with the federal regulations adopted under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq., this chapter adopts the version of the referenced federal rule current at the time this rule becomes effective.

(2) To promote continued uniformity with federal rules; amendments to the federal rules referenced in this chapter are hereby incorporated and enforceable under this chapter upon the effective date of the federal amendment provided:

(a) The director of the Washington state department of agriculture or their authorized representative (director) gives notice of the federal rule amendment at the time it is published as a final rule in the Federal Register;

(b) The notice is published, at a minimum, in the state register and on the agency's website; and

(c) The director has not otherwise determined that the amendment should not be adopted as provided in subsection (3) of this section.

(3) If the director determines that a proposed amendment to a federal rule referenced in this chapter should not be adopted, the director shall initiate rule making under chapter 34.05 RCW to amend this chapter to reflect the version of the federal rule, if any, effective under this chapter.

History

Statutory Authority: RCW 15.130.120 and 43.01.160. WSR 24-22-033, s 16-167-010, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-167-010, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.04.740, 69.07.020, 69.10.055, 15.36.021, 69.22.020, and chapter 34.05 RCW. WSR 16-22-061, § 16-167-010, filed 10/31/16, effective 12/1/16. Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.396, 69.04.398, 69.07.020 and 69.10.055. WSR 99-12-020, § 16-167-010, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.396, 69.04.398 and 69.07.020. WSR 98-09-048, § 16-167-010, filed 4/15/98, effective 5/16/98
WSR 97-02-036 (Order 6012), § 16-167-010, filed 12/26/96, effective 1/26/97. Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.398 and 69.07.020. WSR 95-02-017 (Order 5065), § 16-167-010, filed 12/27/94, effective 1/27/95.

Wash. Admin. Code § 16-167-020 Pesticide chemicals.

The following federal regulations are adopted as Washington tolerances for pesticide chemicals: 40 C.F.R. Chapter I Part 180 - Tolerances and Exemptions for Pesticide Chemical Residues in Food.

(1) Subpart A - Definitions and Interpretative Regulations.

(2) Subpart C - Specific Tolerances.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-167-020, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.04.740, 69.07.020, 69.10.055, 15.36.021, 69.22.020, and chapter 34.05 RCW. WSR 16-22-061, § 16-167-020, filed 10/31/16, effective 12/1/16. Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.396, 69.04.398, 69.07.020 and 69.10.055. WSR 99-12-020, § 16-167-020, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.396, 69.04.398 and 69.07.020. WSR 98-09-048, § 16-167-020, filed 4/15/98, effective 5/16/98
WSR 97-02-036 (Order 6012), § 16-167-020, filed 12/26/96, effective 1/26/97. Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.398 and 69.07.020. WSR 95-02-017 (Order 5065), § 16-167-020, filed 12/27/94, effective 1/27/95.

Wash. Admin. Code § 16-167-030 Food additives.

The following federal regulations prescribing the conditions under which such food additives may safely be used are adopted as Washington food additive regulations. 21 C.F.R. Chapter I.

(1) Part 170 - Food Additives.

(2) Part 172 - Food Additives Permitted for Direct Addition to Food for Human Consumption.

(3) Part 173 - Secondary Direct Food Additives Permitted in Food for Human Consumption.

(4) Part 174 - Indirect Food Additives: General.

(5) Part 175 - Indirect Food Additives: Adhesives and Components of Coatings.

(6) Part 176 - Indirect Food Additives: Paper and Paperboard Components.

(7) Part 177 - Indirect Food Additives: Polymers.

(8) Part 178 - Indirect Food Additives: Adjuvants, Production Aids, and Sanitizers.

(9) Part 179 - Irradiation in the Production, Processing and Handling of Food.

(10) Part 180 - Food Additives Permitted in Food or in Contact with Food on an Interim Basis Pending Additional Study.

(11) Part 181 - Prior-Sanctioned Food Ingredients.

(12) Part 182 - Substances Generally Recognized as Safe.

(13) Part 184 - Direct Food Substances Affirmed as Generally Recognized as Safe.

(14) Part 186 - Indirect Food Substances Affirmed as Generally Recognized as Safe.

(15) Part 189 - Substances Prohibited From Use in Human Food.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-167-030, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.04.740, 69.07.020, 69.10.055, 15.36.021, 69.22.020, and chapter 34.05 RCW. WSR 16-22-061, § 16-167-030, filed 10/31/16, effective 12/1/16. Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.396, 69.04.398, 69.07.020 and 69.10.055. WSR 99-12-020, § 16-167-030, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.396, 69.04.398 and 69.07.020. WSR 98-09-048, § 16-167-030, filed 4/15/98, effective 5/16/98
WSR 97-02-036 (Order 6012), § 16-167-030, filed 12/26/96, effective 1/26/97. Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.398 and 69.07.020. WSR 95-02-017 (Order 5065), § 16-167-030, filed 12/27/94, effective 1/27/95.

Wash. Admin. Code § 16-167-040 Color additives.

The following federal regulations prescribing the use or limited use of such color additives are adopted as Washington color additive regulations. 21 C.F.R. Chapter I.

(1) Part 70 - Color Additives.

(2) Part 73 - Listing of Color Additives Exempt From Certification.

(3) Part 74 - Listing of Color Additives Subject to Certification.

(4) Part 81 - General Specifications and General Restrictions for Provisional Color Additives for Use in Foods, Drugs and Cosmetics.

(5) Part 82 - Listing of Certified Provisionally Listed Colors and Specifications.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-167-040, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.04.740, 69.07.020, 69.10.055, 15.36.021, 69.22.020, and chapter 34.05 RCW. WSR 16-22-061, § 16-167-040, filed 10/31/16, effective 12/1/16. Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.396, 69.04.398, 69.07.020 and 69.10.055. WSR 99-12-020, § 16-167-040, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.396, 69.04.398 and 69.07.020. WSR 98-09-048, § 16-167-040, filed 4/15/98, effective 5/16/98
WSR 97-02-036 (Order 6012), § 16-167-040, filed 12/26/96, effective 1/26/97. Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.398 and 69.07.020. WSR 95-02-017 (Order 5065), § 16-167-040, filed 12/27/94, effective 1/27/95.

Wash. Admin. Code § 16-167-050 General requirements.

The following provisions of 21 C.F.R. Chapter I are adopted as Washington requirements for regulating food in intrastate commerce.

(1) The following parts in Subchapter A - General.

(a) Part 1 - General Enforcement Regulations.

(i) Subpart A General Provisions.

(ii) Subpart B General Labeling Requirements.

(iii) Subpart O Sanitary Transportation of Human and Animal Food.

(b) Part 2 - General Administrative Rulings and Decisions.

(i) Subpart A General Provisions.

(ii) Subpart B Human and Animal Foods.

(2) All parts of Subchapter B - Food for Human Consumption, except for Part 119.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-167-050, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.04.740, 69.07.020, 69.10.055, 15.36.021, 69.22.020, and chapter 34.05 RCW. WSR 16-22-061, § 16-167-050, filed 10/31/16, effective 12/1/16. Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.396, 69.04.398, 69.07.020 and 69.10.055. WSR 99-12-020, § 16-167-050, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.396, 69.04.398 and 69.07.020. WSR 98-09-048, § 16-167-050, filed 4/15/98, effective 5/16/98
WSR 97-02-036 (Order 6012), § 16-167-050, filed 12/26/96, effective 1/26/97. Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.398 and 69.07.020. WSR 95-02-017 (Order 5065), § 16-167-050, filed 12/27/94, effective 1/27/95.

Wash. Admin. Code § 16-167-900 Access to publications adopted under this chapter.

(1) Electronic access to Titles 21 and 40 C.F.R. is available at https://www.gpo.gov/fdsys/search/home.action. Print copies of the titles can be purchased from the U.S. Government Bookstore online at https://bookstore.gpo.gov/catalog/laws-regulations/code-federal-regulations-cfrs-print or, if you do not have electronic access, contact the U.S. Government Publishing Office, P.O. Box 979050, St. Louis, MO 63197-9000; phone 1-866-512-1800.

(2) Electronic access to the FDA's Manual of Compliance Policy Guides is available at http://www.fda.gov/ICECI/ComplianceManuals/CompliancePolicyGuidanceManual/default.htm. If you do not have electronic access, contact the Food and Drug Administration, 1093 New Hampshire Avenue, Silver Spring, MD 20993-0002; phone 1-888-463-6332.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-167-900, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.04.740, 69.07.020, 69.10.055, 15.36.021, 69.22.020, and chapter 34.05 RCW. WSR 16-22-061, § 16-167-900, filed 10/31/16, effective 12/1/16. Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.396, 69.04.398 and 69.07.020. WSR 97-02-036 (Order 6012), § 16-167-900, filed 12/26/96, effective 1/26/97.

Chapter 16-168 Approved independent sanitation consultants for food storage warehouses.

Wash. Admin. Code § 16-168-010 Purpose of rule.

The purpose of this chapter is to establish minimum qualifications, application approval procedures, list maintenance and reporting requirements for independent sanitation consultants.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-168-010, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.10.055. WSR 98-03-089, § 16-168-010, filed 1/21/98, effective 2/21/98
WSR 96-09-037 (Order 5093), § 16-168-010, filed 4/10/96, effective 5/11/96.

Wash. Admin. Code § 16-168-020 Promulgation.

The department is given authority under RCW 69.10.055 for adopting these rules.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-168-020, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.10.055. WSR 98-03-089, § 16-168-020, filed 1/21/98, effective 2/21/98
WSR 96-09-037 (Order 5093), § 16-168-020, filed 4/10/96, effective 5/11/96.

Wash. Admin. Code § 16-168-030 Definitions.

The definitions for terms used in this chapter may be found in chapters 69.10 and 15.130 RCW and WAC 16-167-050(2). For the purposes of this chapter, the term "we" means department as defined in chapter 69.10 RCW.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-168-030, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.10.055. WSR 98-03-089, § 16-168-030, filed 1/21/98, effective 2/21/98
WSR 96-09-037 (Order 5093), § 16-168-030, filed 4/10/96, effective 5/11/96.

Wash. Admin. Code § 16-168-050 Minimum qualifications for an independent sanitation consultant.

The minimum qualifications for an independent sanitation consultant are:

Education and experience:

(1) A bachelor's degree in biology, chemistry, microbiology, food science, dairy science or a related natural science plus three years experience inspecting food storage warehouses or similar operations for compliance with the Current Good Manufacturing Regulations, 21 C.F.R. part 110 (GMPs); or

(2) Three years of college completed with study in the above subjects plus five years experience inspecting food storage warehouses or similar operations for compliance with the GMPs; or

(3) Two years of college completed with study in the above subjects plus seven years experience inspecting food storage warehouses or similar operations for compliance with the GMPs; or

(4) Eight years experience inspecting food storage warehouses or similar operations for compliance with the GMPs plus verifiable training in pest control, cleaning practices, food storage warehouse inspection or application of the GMPs.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-168-050, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.10.055. WSR 98-03-089, § 16-168-050, filed 1/21/98, effective 2/21/98
WSR 96-09-037 (Order 5093), § 16-168-050, filed 4/10/96, effective 5/11/96.

Wash. Admin. Code § 16-168-060 Applying for approval as an independent sanitation consultant.

The steps in applying for approval as an independent sanitation consultant are:

(1) Obtain an application from the department.

(2) Complete the application, listing your qualifications.

(3) Each applicant must sign the application and have their signature notarized.

(4) Return the application to the address on the application.

History

Statutory Authority: RCW 15.130.120 and 43.01.160. WSR 24-22-034, s 16-168-060, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-168-060, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.10.055. WSR 98-03-089, § 16-168-060, filed 1/21/98, effective 2/21/98
WSR 96-09-037 (Order 5093), § 16-168-060, filed 4/10/96, effective 5/11/96.

Wash. Admin. Code § 16-168-070 Notification of application decision.

(1) On approval of an application for independent sanitation consultant, the department will send an identification card and place the name of the independent sanitation consultant on a list of approved independent sanitation consultants that is available on request from the department.

(2) If the department is not able to approve an application for independent sanitation consultant, the department will notify the applicant and explain why within twenty-five working days after receiving the application.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-168-070, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.10.055. WSR 98-03-089, § 16-168-070, filed 1/21/98, effective 2/21/98
WSR 96-09-037 (Order 5093), § 16-168-070, filed 4/10/96, effective 5/11/96.

Wash. Admin. Code § 16-168-075 List of approved independent sanitation consultants.

The department will maintain a list of approved independent sanitation consultants. The names of approved independent sanitation consultants will stay on the list as long as they continue to indicate that they wish to remain on the list. The department will mail out information requests by April 1st of each even-numbered year to all approved independent sanitation consultants.

(1) To remain on the list, the independent sanitation consultant must fill out the request with current information, indicate that they want to remain on the list and return it to the department no later than May 1st.

(2) To be removed from the list, the independent sanitation consultant should return the request indicating they no longer wish to be listed as an approved independent sanitation consultant by May 1st. Failure to return the request will also result in being removed from the list.

(3) It is the responsibility of the independent sanitation consultants to notify the department of address changes. If the department is unable to locate an independent sanitation consultant at the address or telephone number provided, that name will be removed from the list.

(4) A name will be returned to the list upon receipt of the request and new information.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-168-075, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.10.055. WSR 98-03-089, § 16-168-075, filed 1/21/98, effective 2/21/98.

Wash. Admin. Code § 16-168-080 Reasons for denial or withdrawal of approval as an independent sanitation consultant.

The department may withdraw or deny approval of independent sanitation consultants or applicants under the following circumstances:

(1) For failing to meet the minimum qualifications in WAC 16-168-050.

(2) For knowingly making false or inaccurate statements regarding qualifications on an application.

(3) For failing to accurately report violative conditions present in food storage warehouse at the time of inspection.

(4) For knowingly making or acquiescing in false or inaccurate statements on inspection reports as to the date of the inspection, findings, corrective actions taken, or any other statement material to the compliance status of a warehouse.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-168-080, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.10.055. WSR 98-03-089, § 16-168-080, filed 1/21/98, effective 2/21/98
WSR 96-09-037 (Order 5093), § 16-168-080, filed 4/10/96, effective 5/11/96.

Wash. Admin. Code § 16-168-090 Appeal rights.

Applicants and approved independent sanitation consultants have the right to appeal denial of approval or withdrawal of approval as an independent sanitation consultant under provisions of chapter 34.05 RCW, the Administrative Procedure Act and chapter 16-08 WAC, the department's practice and procedure rules.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-168-090, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.10.055. WSR 98-03-089, § 16-168-090, filed 1/21/98, effective 2/21/98
WSR 96-09-037 (Order 5093), § 16-168-090, filed 4/10/96, effective 5/11/96.

Wash. Admin. Code § 16-168-100 Reporting requirements.

Independent sanitation consultants can meet reporting requirements by using a standard food storage warehouse inspection form provided by the department or by using their own form if it covers and indicates visual inspection of at least the following points:

storage conditions

| 1. | Are incoming lots examined visually for damage or contamination prior to placement in storage? | | --- | --- | | 2. | Are food products stored off the floor and away from walls? | | 3. | Does firm maintain a morgue area for damaged and returned goods, sufficiently away from main storage area? | | 4. | Are morgue items disposed of in a proper and timely manner to prevent a source of pest breeding and harborage? | | 5. | Are fertilizers, toxic chemicals, and other potential adulterants adequately separated from human food storage areas? | | 6. | Are rodenticides and insecticides properly used and stored? | | 7. | Are refrigerated storage and frozen storage maintained at proper temperatures, 45 degrees or less? | | 8. | Are cold storage units equipped with suitable thermometers? | | 9. | Is storage area free of evidence of current insect, rodent, bird, etc., activity? |

building and grounds

| 1. | Are outside premises free from spillage, trash, etc., which may attract or harbor rodents or other pests? | | --- | --- | | 2. | Is adequate drainage provided to avoid contamination of facilities and products? | | 3. | Is the building of suitable construction and generally in good physical repair? | | 4. | Are floors, walls and ceilings constructed of easily cleanable materials and kept clean? | | 5. | Are doors, windows and other openings protected to eliminate entry by insects, rodents and other pests? Are open windows screened and are loading doors kept closed when not in use? | | 6. | Is interior lighting sufficient to allow adequate inspection and cleaning of premises? | | 7. | Are food products and processing areas protected against contamination from breakage of light bulbs and other glass fixtures? | | 8. | Does firm have a scheduled cleaning and pest control program, including at least weekly inspection by qualified employees? |

sanitary operations

| 1. | Is cleaning of facilities done in such a manner as to avoid contamination of food products? | | --- | --- | | 2. | Are detergents, sanitizers, hazardous materials and other supplies used in a safe and effective manner? | | 3. | Are cleaning compounds and hazardous materials kept in original containers, stored separate from food products? | | 4. | Is all refuse properly stored and protected where necessary from insects, rodents and other pests and disposed of in an adequate manner? |

toilets, dressing rooms and employees

| 1. | Are toilets and dressing rooms in good repair, clean, properly ventilated and adequately separated from storage areas? | | --- | --- | | 2. | Are handwashing facilities clean and supplied with soap, hot water and sanitary towels? |

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-168-100, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.10.055. WSR 98-03-089, § 16-168-100, filed 1/21/98, effective 2/21/98
WSR 96-09-037 (Order 5093), § 16-168-100, filed 4/10/96, effective 5/11/96.

Chapter 16-170 Special permits for slaughtering poultry.

Wash. Admin. Code § 16-170-010 Purpose of rule.

The purpose of this chapter is to implement chapter 69.07 RCW by establishing rules relating to the:

(1) Issuance of special permits regulating the slaughter, preparation and sale of one thousand or fewer whole raw poultry in a calendar year by the agricultural producer when the poultry are sold directly to the ultimate consumer at the producer's farm.

(2) Conditions under which poultry identified in this chapter are slaughtered, prepared and sold that are generally patterned after those established by the state board of health for temporary food service establishments under chapter 246-215 WAC but are tailored to poultry slaughter, preparation, and sale activities.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-010, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-010, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-010, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-020 Definitions.

(1) In addition to the definitions contained in this section, definitions found in chapters 69.07 and 15.130 RCW, chapter 246-215 WAC and Title 21 C.F.R. may apply.

(2) For the purposes of this chapter, the following definitions apply:

"Adequate" means that which is needed to accomplish the intended purpose in keeping with good public health practices.

"Agricultural producer" means a person or persons who raise poultry and who slaughter and sell one thousand or fewer whole raw poultry from their farm directly to the ultimate consumer.

"Authorized person" means a person or persons who work with the agricultural producer in the preparation and slaughter of poultry under this chapter.

"Department" means the Washington state department of agriculture (WSDA).

"Director" means the director of the WSDA.

"Potable water" means water that is in compliance with chapter 16-165 WAC and with the Washington state department of health's drinking water quality standards in chapters 246-290 and 246-291 WAC.

"Poultry" means domesticated fowl that is valued for its meat or eggs such as chickens, turkeys, ducks or geese.

"Sanitize" means to adequately treat poultry slaughtering, preparation and sale surfaces by a process that is effective in destroying vegetative cells of microorganisms of public health significance, and in substantially reducing numbers of other undesirable microorganisms, but without adversely affecting the whole raw poultry or its safety for the consumer.

"Special permit" means a permit to slaughter poultry issued under RCW 69.07.103. The permit expires on December 31st and is issued for either one or two years as requested by the permit applicant.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-020, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-020, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-020, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-030 Requirement to obtain a special permit.

An agricultural producer of poultry who slaughters and prepares one thousand or fewer poultry in a calendar year and sells the poultry as whole raw poultry from their farm to the ultimate consumer, must obtain a special permit before slaughter of the poultry.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-030, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-030, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-030, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-035 Applications.

(1) An application for a special permit may be obtained by:

Writing to:

Washington State Department of Agriculture

Food Safety Program

P.O. Box 42560

Olympia, WA 98504-2560; or

Calling 360-902-1876; or

Faxing to 360-902-2087; or

Accessing website http://agr.wa.gov.

(2) The department must receive the completed special permit application packet along with check or money order for the permit fee at least six weeks prior to the planned slaughter of poultry. In accordance with RCW 69.07.103(4), the fee for the special permit is seventy-five dollars for one year, or one hundred twenty-five dollars for two years.

(3) The special permit application packet must include:

(a) A completed application form;

(b) A diagram of the slaughter/preparation site;

(d) The proposed days or dates of slaughter for the current year;

(e) A description of the rinse water and offal disposal procedures; and

(f) Documentation verifying that the water used at the slaughter/preparation site complies with the requirements in WAC 16-170-155. If the well, spring or other private water supply, the water must have a passing bacterial test conducted within sixty days of submitting the application to the department. A copy of the test results must be attached to the special permit application.

(4) Once WSDA receives the special permit application, the applicant will be contacted to schedule an on-site inspection. The inspection must occur before the special permit can be further processed or issued.

(5) Once received, the special permit must be prominently and conspicuously posted at the slaughter site so customers are able to see it.

(6) Slaughtering, preparing and selling poultry regulated by this chapter is prohibited prior to receipt of the special permit.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-035, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-035, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-035, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-036 Additional information required for a two-year special permit.

A two-year special permit holder must submit to the department the following information at least six weeks prior to slaughtering poultry during the second year of the permit:

(1) The proposed second year days or dates of slaughter; and

(2) If the site utilized a well, spring or other private water supply, a copy of a passing bacterial test conducted within sixty days prior to submitting the second year slaughter dates to the department.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-036, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-036, filed 7/28/09, effective 8/28/09.

Wash. Admin. Code § 16-170-037 Site diagram requirements.

(1) The site diagram must clearly show the location of all poultry slaughter and preparation equipment, contact work surfaces, chilling equipment, equipment washing and sanitizing sinks or tubs, handwashing areas, rinse water and offal collection areas and poultry rearing areas.

(2) All items illustrated on the site diagram under subsection (1) of this section must be clearly labeled.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-037, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-037, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-037, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-041 Significant change in conditions—Two-year special permit.

(1) If there is a significant change in the conditions under which the two-year special permit is issued, you must reapply for a special permit under WAC 16-170-035. Significant change under this section means a substantial change in the information previously submitted to the department under WAC 16-170-035.

(2) If the special permit holder was issued a two-year special permit and must reapply for a permit under this section, the department will apply fifty dollars of the two-year permit fee towards the new permit application fee.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-041, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-041, filed 7/28/09, effective 8/28/09.

Wash. Admin. Code § 16-170-050 Change of slaughter dates.

The department must be notified at least one week in advance if slaughter of poultry regulated by this chapter is planned on dates other than those previously reported to the department. The department may be notified by mail, email, fax, or by telephone followed by a written confirmation.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-050, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-050, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-050, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-060 Slaughter limit.

The special permit issued under this chapter provides for the slaughter of a total of one thousand or fewer whole raw poultry to the ultimate consumer. Agricultural producers who slaughter more than one thousand poultry in a calendar year must comply with the requirements of chapter 69.07 RCW.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-060, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-060, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-060, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-070 Site requirements.

At a minimum, the poultry slaughter/preparation site must:

(1) Be constructed or assembled to minimize insects, pests, birds, dust, mud and overhead contamination;

(2) Include adequate lighting to illuminate the areas where poultry are slaughtered, prepared and sold;

(3) Have an adequate handwashing station;

(4) Be readily accessible to a toilet facility;

(5) Include potable running water;

(6) Include a means of safely disposing of rinse water and offal; and

(7) Means of properly cooling slaughtered poultry unless the customer takes possession within four hours.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-070, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-070, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-070, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-075 Equipment requirements.

All equipment used to slaughter, prepare and sell poultry must be readily cleanable and in good repair.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-075, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-075, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-075, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-080 Use of mobile processing unit.

If the mobile processing unit (MPU) is a self-contained processing unit that meets all of the conditions designed for the sanitary processing of poultry under this chapter, a MPU may be used.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-080, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-080, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-080, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-090 Access to slaughter site.

(1) Only authorized persons may be present in the poultry slaughter site while the slaughter-preparation process is taking place. Unauthorized persons must be kept out of the site.

(2) Any authorized person infected with a communicable disease, has open sores or infected cuts on hands, is vomiting or has diarrhea is prohibited from working in the poultry slaughter site.

(3) Authorized persons are prohibited from smoking, eating or drinking while in the poultry slaughter site.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-090, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-090, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-090, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-100 Protective clothing.

Anyone slaughtering, preparing and selling poultry covered by this chapter must:

(1) Wear clean and adequate clothing.

"Clean and adequate" means that the clothing must be:

(a) Clean at the start of the slaughter-preparation-sale process; and

(b) Changed when the clothing becomes soiled when contamination of the raw whole poultry, any process work surface, the equipment used to chill slaughtered poultry or the bags used to transport poultry that are sold becomes imminent; and

(2) Remove hand jewelry that cannot be adequately sanitized during periods when carcasses are handled by hand. If such hand jewelry cannot be removed, impermeable or disposable gloves must be worn.

(3) Maintain gloves, if they are used in processing, in an intact, clean, and sanitary condition. The gloves should be of an impermeable material.

(4) Clean and effective hair restraints, such as hairnets or beard nets are not required, but hats, caps, scarves or other head covers are recommended to prevent contamination of the whole raw poultry being slaughtered, prepared and sold.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-100, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-100, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-100, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-110 Storage of personal garments and belongings.

All personal garments and belongings must be stored separately and apart from the poultry slaughter site to ensure that they do not become a source of contamination to the raw whole poultry, slaughter and preparation work surfaces and equipment, and the bags used to transport poultry that are sold.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-110, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-110, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-110, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-115 Storage of detergents, sanitizers and other materials.

(1) Commercially purchased detergents, sanitizers and other materials related to the process may be stored in the poultry slaughter site if they are properly labeled with:

(a) Product name;

(b) Chemical description;

(d) Any required precautionary and warning statements;

(e) First-aid instructions;

(f) Name and address of the manufacturer or distributor; and

(g) Any other information required by the U.S. Environmental Protection Agency or other laws or rules.

(2) Small "transport" or "use" containers containing detergents, sanitizers or other materials may be stored in the slaughter site but only under the following conditions:

(a) The contents must be properly identified on the container. Labeling the container with the common name is acceptable if the original commercially purchased storage container is on hand and properly identified.

(b) Food containers must not be used as containers for detergents, sanitizers or toxic materials.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-115, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-115, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-115, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-120 Handwashing requirements.

(1) Anyone involved in the poultry slaughter process must adequately wash their hands:

(a) Before the poultry slaughtering process begins;

(b) Between the slaughtering and preparation steps in the process;

(d) After each absence from the poultry slaughter site; and

(e) Any time hands become contaminated.

(2) "Adequately washing hands" means thoroughly washing hands to prevent contaminating the slaughtered poultry. Adequate handwashing methods consist of:

(a) Applying soap to hands;

(b) Using warm water;

(d) Using methods to rinse and dry hands that prevent contamination.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-120, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-120, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-120, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-125 Handwashing stations.

(1) Anyone involved in the poultry slaughter process must have access to at least one handwashing station equipped with warm running water, hand soap, and paper towels.

(2) Handwashing stations must be conveniently located in the poultry slaughter site and near toilet facilities.

(3) If handwashing stations are not conveniently located in the poultry slaughter site and near toilet facilities, five-gallon insulated containers with continuous flow spigots filled with warm water between one hundred and one hundred and twenty degrees Fahrenheit with pump type liquid soap, paper towels and five-gallon buckets to catch rinse water are required on-site and near the toilet facilities.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-125, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-125, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-125, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-130 Hand dips and hand sanitizing stations.

(1) "Hand dips" or "hand sanitizing stations" are recommended but not required in the poultry slaughter site. Sanitizing hands using hand dips or hand sanitizing stations is not a substitute for adequate handwashing methods. However, if hand dips are used, they must be properly positioned and maintained.

(2) "Properly maintained" means sanitizing solutions are:

(a) Checked and recharged to a strength equal to 100 PPM chlorine or 25 PPM iodine; and

(b) Changed every four hours while in use.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-130, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-130, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-130, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-135 Toilet requirements.

(1) At least one toilet must be available and conveniently located at the poultry slaughter site.

(2) A domestic toilet is sufficient if the poultry slaughter operation is a family operation where only family members are employed. However, if the operation has employees, toilet facilities must be provided at the slaughtering site or employees must be allowed to use the domestic toilet.

(3) Portable chemical toilets may be used at the poultry slaughter site if they are conveniently located with a self-closing door, screened to exclude insects, and properly maintained.

(4) All nondomestic toilet areas must be kept clean, free of trash and litter, and in good repair. All doors used to enter the nondomestic toilet area must be self-closing and must not open directly into the poultry slaughter site.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-135, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-135, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-135, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-140 Offal and rinse water disposal requirements.

The poultry slaughter site must be designed and maintained to ensure that the:

(1) Offal and rinse water the site generates are readily and safely removed; and

(2) Offal and rinse water do not create an unsanitary condition or contaminate:

(a) The raw whole poultry;

(b) Any potable water stored and used at the slaughter site;

(d) Any bags used to package raw whole poultry sold to the ultimate consumers.

(3) The rinse water disposal system must not allow any backflow from or cross connection between the piping that discharges rinse water and the piping that carries potable water to the poultry slaughter area.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-140, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-140, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-140, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-145 Storage requirements for slaughter equipment and utensils.

(1) All of the poultry slaughter equipment and utensils must be stored so they will not become contaminated between uses.

(2) All utensils used to slaughter and prepare poultry, such as knives, scrapers, scoops, shovels, cutters, and other hand tools and equipment, must be placed or stored to prevent contact surfaces from being contaminated.

(3) Contaminated equipment and utensils must be cleaned and sanitized before they are used again.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-145, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-145, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-145, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-150 Cleaning and sanitizing requirements.

(1) All contact surfaces of equipment, utensils, containers and other articles used in the slaughter and preparation of poultry, must be kept free of any residue or contaminant that could contaminate or adulterate (as defined in RCW 15.130.200), the raw whole poultry carcass.

(2) Residues and contaminants must frequently be removed from all slaughter and preparation contact surfaces to prevent the residues from becoming:

(a) Unwholesome or unfit for the raw whole poultry carcass;

(b) Decomposed, filthy, or putrid; or

(3) All poultry slaughter and preparation contact surfaces must be sanitized:

(a) Before they are used; and

(b) After they are cleaned.

(4) A separate bucket of sanitizer must be kept in the poultry slaughter site for rinsing/storing the wipe down cloths used to sanitize all slaughter equipment and slaughter/preparation contact surfaces. The sanitizing solution in the bucket should be at a minimum 100 ppm (mg/L) for chlorine solution or 50 ppm (mg/L) for iodine solution.

(5) Any noncarcass contact surfaces of equipment used in the slaughter of poultry must be kept reasonably free of dirt, old slaughter/preparation residues, foreign material, dust, mold, mildew, slime and other accumulations that occur as a result of the slaughter/preparation operation.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-150, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-150, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-150, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-155 Water requirements.

(1) Any water used in the slaughter, preparation or sale of your poultry must be of a safe and sanitary quality, which means the water supply is potable from an approved source and is monitored according to applicable laws and rules.

(2) Processors that operate from single-family residences on private water supplies need only meet bacteriological testing requirements. Optionally, potable water may be hauled onto the poultry slaughter site for use by the processor as long as the transport vehicle and water are of safe and sanitary quality.

(3) Water used from a private water system for the slaughter, preparation or sale of poultry must be sampled and tested at least annually. Copies of water test reports must be on file at the farm and available for review by WSDA during routine slaughter site inspections.

(4) Any ice manufactured on the farm for use in the poultry slaughter process must be manufactured from potable water.

(5) All ice used at the poultry slaughter site that is not manufactured on the farm must be from an approved source.

(6) All ice used at the poultry slaughter site must be properly handled and stored to protect against contamination.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-155, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-155, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-155, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-170 Packaging requirements.

(1) All bags used to package the slaughtered whole poultry must be new, of food grade quality and properly handled and stored, which means they must be protected from potential sources of contamination when they are handled and stored.

(2) Methods of properly handling and storing bags at the poultry slaughter site include, but are not limited to:

(a) All bags must be stored off of the floor or any other unsanitary surfaces.

(b) All bags must be stored in closed boxes or cartons before they are used.

(d) When a slaughtered whole poultry is inserted into a bag, the bag must be handled so it and the poultry is not exposed to contamination by dust, foreign material or other contaminants.

(e) Any bag dropped on the floor or some other unsanitary surface must not be used.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-170, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-170, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-170, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-175 Requirements for the chilling and storing of slaughtered poultry.

(1) All slaughtered poultry must be chilled to a temperature at or below forty-five degrees Fahrenheit within four hours of slaughter unless the customer takes possession of the slaughtered poultry during this time.

(2) Chilling poultry may be accomplished through the use of mechanical refrigeration, an ice chest using ice from an approved source (see WAC 16-170-155), or by being immersed in cold running water.

(3) A temperature control (TC) must be used to monitor slaughter cool down temperature by inserting a calibrated thermometer into the thickest portion of the first slaughtered poultry carcass and monitoring the temperature to ensure proper chilling at or below forty-five degrees Fahrenheit within four hours of slaughter.

(4)(a) Slaughtered poultry can be stored for up to forty-eight hours before they are sold.

(b) During their storage period, poultry carcass temperatures must be kept at or less than forty-five degrees Fahrenheit by mechanical refrigeration equipped with a thermometer or by maintaining the carcasses in a properly designed storage container with the use of a temperature control (TC) as outlined in subsection (3) of this section.

(5) All chilled and/or stored poultry carcasses must be protected from physical, chemical, microbial contamination and deterioration.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-175, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-175, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-175, filed 4/5/04, effective 5/6/04.

Wash. Admin. Code § 16-170-180 Recordkeeping requirements.

(1) At a minimum, the following records must be kept at the special permit holder's farm:

(a) A record of the poultry slaughter dates;

(b) The number of poultry by species slaughtered on each slaughter date and the cumulative total of poultry by species slaughtered;

(d) The water testing records if required by WAC 16-170-155.

(2) All records required under subsection (1) of this section must be:

(a) Maintained so that the information they intend to convey is clear and understandable.

(b) Available at the farm and available to department inspectors upon request.

History

Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-180, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapters 69.07 and 34.05 RCW, and 2009 c 114. WSR 09-16-035, § 16-170-180, filed 7/28/09, effective 8/28/09. Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. WSR 04-08-062, § 16-170-180, filed 4/5/04, effective 5/6/04.

Chapter 16-171 Hemp extract certification.

Wash. Admin. Code § 16-171-100 Hemp extract certification—Purpose.

The purpose of this chapter is to:

(1) Establish requirements for new hemp extract certification applications and renewals.

(2) Establish an inspection criteria and a rating system that will be used to determine whether a hemp extract certification applicant is in compliance with chapters 69.07 and 15.130 RCW, and regulations adopted thereunder, including Title 21 C.F.R.

(3) Identify steps leading to enforcement actions by the department.

History

Statutory Authority: RCW 69.07.020 and 69.07.220. WSR 22-13-038, § 16-171-100, filed 6/7/22, effective 7/8/22.

Wash. Admin. Code § 16-171-110 Hemp extract—Definitions.

(1) Definitions for terms used in this chapter may be found in chapters 69.07 and 15.130 RCW, and Title 21 C.F.R. as adopted in WAC 16-167-050, unless otherwise provided in this chapter.

(2) For the purposes of this chapter, the following definitions apply:

(a) "Adequate" means that which is needed to accomplish the intended purpose in keeping with good public health practice.

(b) "Adulterate" has the same meaning as provided in RCW 15.130.200 except that the department does not consider hemp extract itself to be adulterated when produced in compliance with RCW 69.07.220 and these rules for use as a food ingredient in another state that allows its use as a food ingredient.

(c) "Certification criteria violation" means any violation of the inspection criteria that must be met prior to the issuance of a hemp extract certification.

(d) "Critical violation" means a violation of the inspection criteria that results in hemp extract adulteration or that has the potential to contribute to conditions resulting in such adulteration.

(e) "Department" means the Washington state department of agriculture (WSDA).

(f) "Director" means the director of the department.

(g) "Facility or hemp extract facility" means any premise, plant, building, room, area, or facility which processes, prepares, or handles hemp for production of hemp extract for use as a food ingredient in another state that allows its use as a food ingredient.

(h) "Hemp" has the same meaning as provided for in RCW 15.140.020 and means the plant Cannabis sativa L. and any part of the plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(i) "Hemp extract" means a substance or compound intended for human ingestion that is derived from, or made by, manufacturing hemp. The term does not include hemp seeds or hemp seed-derived ingredients that are generally recognized as safe by the United States Food and Drug administration.

(j) "Hemp extract certification" means a certification issued by the department to a hemp extract facility manufacturing hemp extract for export to other states, which certifies the hemp extract facility's compliance with Washington state's inspection and sanitation requirements.

(k) "Hemp processor" has the same meaning as provided for in RCW 15.140.020, and means a person who takes possession of raw hemp material with the intent to modify, package, or sell a transitional or finished hemp product.

(l) "Sanitize" means to adequately treat hemp extract contact surfaces by a process that is effective in destroying vegetative cells of microorganisms of public health significance, and in substantially reducing numbers of other undesirable microorganisms, but without adversely affecting the product or its safety for the consumer.

(m) "Significant violation" means any violation of the inspection criteria not deemed to be a critical violation as described in WAC 16-171-140.

History

Statutory Authority: RCW 69.07.020 and 69.07.220. WSR 22-13-038, § 16-171-110, filed 6/7/22, effective 7/8/22.

Wash. Admin. Code § 16-171-120 Hemp extract facility certification—New application and renewals—Inspection criteria.

To qualify for a new hemp extract certification issued under chapter 69.07 RCW, the Washington Food Processing Act, a hemp processor must first make an application to the department. After the department receives a complete application, the department will inspect the facility. The facility must be in compliance with the following requirements prior to issuance of a certification:

(1) The applicant must submit an application that includes:

(a) The full name of the applicant and the location of the hemp extraction facility where the applicant intends to operate, and if the applicant is an entity, the full name of each officer, managing member, or other responsible individuals;

(b) The principal business address of the applicant in the state and elsewhere and the name of a person domiciled in this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant; and

(c) The type of hemp extracts to be processed, the method of manufacturing, and any other necessary information to make an evaluation.

(2) A hemp processor holding a hemp extract certification must apply for renewal of the certification annually.

(3) The appropriate fee must accompany the application submitted to the department, as follows:

(a) For new applications, the fee is $1,400.

(b) For a new certification inspection, the fee is $3,000.

(4) The hemp extract facility must be in substantial compliance with inspection criteria as described in WAC 16-171-150(2). Refer to WAC 16-171-140 for the inspection and certification criteria and WAC 16-171-130 for definitions of certain inspection criteria. For the purposes of certification, a hemp extract facility may incur a one-point debit of a licensing criteria that has sliding scale.

(5) To renew a certification, a hemp extract manufacturer must submit a renewal application and fees before the manufacturer's current certification expires. If the department has received receipt of a submitted renewal application and fees before the certification expiration date, the time period of the prior certification extends until the department either issues the renewed certification or denies the renewal application. If a manufacturer does not timely submit a renewal application or fees, the prior certification expires upon the expiration date.

(6) Upon the approval of the application by the director the applicant shall be issued a new or renewal certification.

History

Statutory Authority: RCW 69.07.020 and 69.07.220. WSR 22-13-038, § 16-171-120, filed 6/7/22, effective 7/8/22.

Wash. Admin. Code § 16-171-130 Hemp extract certification—Inspection criteria definitions.

This section provides definitions for certain criteria the department will use when conducting inspections to determine if a hemp extract facility complies with inspection criteria and good manufacturing practices for hemp extract certification. The complete set of inspection criteria is set forth in WAC 16-171-140.

(1) "Clean and adequate protective clothing and hair restraints" means the clothing, or the outside layer of clothing, which can occasionally or incidentally contact hemp extract, either directly or indirectly, is:

(a) Clean at the start of the work shift; and

(b) Changed when the clothing becomes so soiled during the course of the work shift that contamination of hemp extract, hemp extract packaging or hemp extract contact surfaces becomes imminent; and

(c) Suitable to the specific hemp extract manufacturing operation for protection against the contamination of hemp extract, hemp extract packaging, and hemp extract contact surfaces; and

(d) Clean and effective hair restraints, such as hairnets, or beard nets if appropriate, are worn for the protection of hemp extract from contamination. Hats, caps, scarves or other head cover are acceptable if the hair is properly contained to protect hemp extract from contamination. Hair spray and/or tying back the hair in ponytails, etc., are not considered effective hair restraints.

(2) "Adequate washing and sanitizing of hands as necessary" means washing and sanitizing hands thoroughly to protect against contamination of hemp extract from undesirable microorganisms in an adequate hand wash facility by:

Using proper handwashing methods which consist of:

(a) Applying soap to hands;

(b) Using warm water;

(d) Rinsing and drying hands using methods that prevent hemp extract contamination;

(e) Washing hands before beginning work, after each absence from the work station, and any time hands become soiled or contaminated; and

(f) Sanitizing hands when appropriate in addition to, but not in place of, the proper handwashing methods.

(3) "Garments and personal belongings stored appropriately; not a source of contamination" means personal belongings and garments, either personal or supplied by the hemp extract facility, are stored or kept separately from hemp extract manufacturing, handling and storage operations such as in an area, locker, cupboard, or other closeable unit that is dedicated to the storing or hanging of personal belongings and clothing so not to become a source of contamination to hemp extract, hemp extract packaging or hemp extract contact surfaces; and

No hemp extract, packaging materials, utensils or equipment used in the hemp extract manufacturing operation are kept, stored or commingled with personal belongings or garments.

(4) "Processes separated as required" means there is a separation of processes for the purpose of reducing potential contamination in hemp extract manufacturing operations where contamination is likely to occur. One or more of the following means may accomplish this:

(a) Location;

(b) Time;

(d) Air flow;

(e) Enclosed systems; or

(f) Other effective method.

(5) "Adequate light" means lighting is provided in handwashing, dressing and locker rooms, toilet rooms and in all areas where hemp extract is examined, manufactured or equipment is cleaned. Shatter resistant light bulbs or fixtures are to be used to protect against hemp contamination.

(6) "Detergents, sanitizers and toxic materials properly identified" means:

(a) Labeling any container containing detergent, sanitizer, or toxic material with the:

(i) Product name;

(ii) Chemical description;

(iii) Directions for use;

(iv) Any required precautionary and warning statements;

(v) First-aid instructions;

(vi) Name and address of the manufacturer or distributor; and

(vii) Any other additional information required by the federal Environmental Protection Agency or other laws or rules; and

(b) Small transport or use containers for detergents, sanitizers, or toxic materials are used only under the following conditions:

(i) The contents are properly identified on the container. Labeling the container with the common name is acceptable if the original storage container is on hand and properly identified;

(ii) No hemp extract container is used as a container for detergents, sanitizers, or toxic materials;

(iii) No container used for detergents, sanitizers, or toxic materials, is used as a hemp extract container.

(7) "Product contact surfaces clean and maintained in a sanitary condition, cleaned and sanitized prior to each use or as essential" means:

(a) Product contact surfaces of equipment, utensils, containers and other articles used in the manufacturing of hemp extract, when its continued use is apparent, are cleaned as frequently as necessary to protect against contamination of hemp extract;

(b) Hemp extract residues are removed from product contact surfaces frequently enough to prevent residues from becoming unwholesome or unfit for food, decomposed, filthy, putrid, or injurious to health; and

(8) "Product contact surfaces clean and maintained in a sanitary condition, cleaned and sanitized prior to each use or as essential: Critical violation" means it is a critical violation if a hemp extract product contacts a surface that is not sanitized after cleaning or prior to use. Product contact surfaces that become contaminated, but are cleaned and sanitized prior to use, are not considered a critical violation.

(9) "Nonproduct contact surfaces of equipment cleaned and maintained in a sanitary condition" means nonproduct contact surfaces of equipment are kept reasonably free from dirt, old hemp extract residues, foreign material, dust, mold, mildew, slime and other accumulations that occur because of day-to-day hemp extract manufacturing operations.

(10) "In-use hemp contact equipment and utensils appropriately stored: Protected from contamination between uses" means the utensils used in the manufacturing of hemp, such as knives, scrapers, scoops, shovels, cutters, and other hand tools and equipment, are placed or stored in a manner to prevent hemp extract contact surfaces from being contaminated with filth. Filth includes, but is not limited to, nonpathogenic microorganisms, unsuitable toxic chemicals, and microscopic physical contaminants.

Storage and placement of utensils or equipment in the following manner is considered inappropriate storage:

(a) In contact with the floor, dirty equipment frames, other insanitary nonhemp extract contact surfaces;

(b) In contact with containers of nonpotable water (other than sterilizing solutions); and

(11) "In-use hemp contact equipment and utensils appropriately stored: Protected from contamination between uses: Critical violation" means that it is a critical violation when a utensil or piece of equipment is or has been stored in a manner that it becomes obviously contaminated with filth and its continued use is apparent.

Utensils and equipment that become contaminated are not considered a critical violation if the utensils and equipment are cleaned and sanitized prior to the next use.

(12) "Water supply - Safe and of sanitary quality" means the water supply used in the manufacturing of hemp is potable from an approved source and is monitored in accordance with applicable laws and rules with current satisfactory water tests as applicable. Water from an approved source and monitored in accordance with applicable laws and rules means:

(a) Hemp extract facilities with 25 or more employees and operating 60 days or more annually comply with the state department of health, division of drinking water requirements for a Group A water system (chapter 246-290 WAC).

(b) Hemp extract facilities with less than 25 employees or operating less than 60 days annually, comply with the state department of health, division of drinking water requirements for a Group B water system (chapter 246-291 WAC) unless connected to a Group A public water system.

(c) Private water supplies must meet the department of health, division of drinking water requirements for a Group B water system (chapter 246-291 WAC) with respect to monitoring for bacteriological properties. When water is incorporated into the product, chemical and physical properties must also be monitored.

(13) "Current satisfactory water test" means for water obtained from other than a municipal system, analysis verifying the bacteriological, physical and chemical safety of the water has been conducted according to appropriate Group A or B water system monitoring schedules and that reports of analysis are on file at the manufacturing facility and available for review by the department during routine facility inspection.

(14) "No cross connections, no back siphonage" means there is no backflow from or cross connection between piping systems that discharge waste water sewage and piping systems that carry water for hemp extract manufacturing. This includes any cross connection between a potable water system and a nonpotable system.

(15) "Adequate floor drains and plumbing to convey wastes nd sewage from the manufacturing facility, into approved sewage disposal system" means:

(a) Plumbing is designed, sized, installed and maintained in accordance with applicable state and local plumbing codes so that sewage and liquid disposable waste is readily conveyed from the plant;

(b) Floor drainage is sufficient to prevent excessive pooling of water or other disposable waste;

(c) Plumbing and drains do not provide a source of contamination to hemp or hemp extract, potable water, hemp extract contact surfaces or hemp extract packaging material or create any insanitary condition; and

(d) Sewage is disposed into a municipal sewer system or other system approved by a federal, state or local agency having jurisdiction.

(16) "Adequate, readily accessible toilet facilities" means a hemp extract facility provides its employees with toilet facilities that are located within a reasonable distance to the work area, and are maintained in accordance with local zoning ordinances.

(a) Toilet facilities are located on the premises of a hemp extract facility.

(b) If the hemp extract facility shares space in a multiple building complex, toilet facilities are located within the complex and within a reasonable distance from the work area.

(17) "Toilets clean, in good repair, not opening directly into process areas, self-closing doors" means toilet rooms are kept clean, free of trash and litter, in good repair and all toilet room doors are self-closing and do not open directly into a hemp extract manufacturing area.

(18) "Handwash facilities adequate and convenient, with hot and cold or tempered water" means employees and visitors in a hemp extract facility have access to one or more handwashing facilities with hot, cold, or tempered running water, and there is at least one handwash facility located in each restroom and one in the hemp extract manufacturing area in a convenient location for use when hands become soiled.

(19) "Hemp extract protected from contamination in storage" means hemp and hemp extract is stored under conditions that protect against physical, chemical and microbial contamination, as well as against deterioration of the hemp extract and the container.

(20) "Hemp extract protected from contamination in storage: Critical violation" means it is a critical violation when a storage situation allows potential contamination of products.

(21) "Packaging material properly handled and stored" means packaging material is protected from potential sources of contamination during handling and storage. This includes, but is not limited to:

(a) Boxes, liners, and other primary containers are stored off floors or other insanitary surfaces;

(b) Top containers in a nested stack of lined or primary containers are inverted or otherwise protected;

(c) All single service containers, caps, roll stock, liner jars, bottles, jugs, and other preformed containers are stored in closed sanitary tubes, wrappings, boxes or cartons prior to use;

(d) The forming, make-up or other package assembly is conducted in a manner that prevents contamination;

(e) The handling of packaging material and containers prior to filling or wrapping is conducted as not to expose them to contamination by dust, foreign material, or other contaminants.

History

Statutory Authority: RCW 69.07.020 and 69.07.220. WSR 22-13-038, § 16-171-130, filed 6/7/22, effective 7/8/22.

Wash. Admin. Code § 16-171-140 Hemp extract facility—Inspection criteria.

The following table identifies:

(1) Inspection criteria and whether each criterion also represents a certification requirement;

(2) Whether a violation is critical; and

(3) The debit value for each significant violation.

| | Criteria Item-Critical* | Debit Value | Certification Requirement? | | --- | --- | --- | --- | | 1 | Hemp extract products free from adulteration. | C | Yes | | 2 | Persons with apparent infections or communicable diseases properly restricted. | C | Yes | | 3 | Adequate washing and sanitizing of hands as necessary, gloves used in food handling sanitary conditions. | C | Yes | | 4 | Product contact surfaces clean and maintained in a sanitary condition; cleaned and sanitized prior to each use or as essential. | C | Yes | | 5 | In use hemp contact equipment and utensils appropriately stored; protected from contamination between uses. | C | No | | 6 | Water used is safe and of adequate sanitary quality; from approved source. | C | Yes | | 7 | No cross connections; no back-siphonage. | C | Yes | | 8 | Hot and cold water, under pressure, in areas where foods are processed or equipment washed. | C | Yes | | 9 | Adequate, readily accessible toilet facilities provided. | C | Yes | | 10 | No evidence of human defecation or urination about the premises. | C | Yes | | 11 | Handwash facilities adequate and convenient, including hot and cold or tempered water. | C | Yes | | 12 | Hemp protected from contamination in storage. | C | No | | * | A critical violation results in an establishment not being in substantial compliance. | | |

| | Criteria Item-Significant | Debit Value | Certification Requirement? | | --- | --- | --- | --- | | 1 | Jewelry, watches other personal items not a source of contamination. | 1 | No | | 2 | Clean and adequate protective clothing and hair restraints. | 1-2 | No | | 3 | Use of tobacco, eating and drinking of food and beverages and gum chewing restricted to appropriate areas. | 1 | No | | 4 | Garments and personal belongings stored appropriately, not a source of potential contamination. | 2 | No | | 5 | Employee work procedures preclude contamination. | 1-2 | No | | 6 | Grounds: Free from pest attractions, breeding places, harborage, excessive dust and other contaminants. | 1 | No | | 7 | Suitable size and location, construction including walls, floors, ceiling, counters, shelving, other fixtures, smooth, readily cleanable and in good repair. | 1-5 | Yes | | 8 | Processes separated as required. | 1-2 | Yes | | 9 | No operations in domestic living or sleeping quarters (including domestic kitchens). | 0 | Yes | | 10 | Adequate light. | 1-2 | Yes | | 11 | Lights; glass over food protected; breakproof. | 1 | No | | 12 | Adequate ventilation to minimize vapors, steams, noxious fumes. | 1-2 | Yes | | 13 | Drip or condensate from ceiling, fixtures, pipes, ducts not a potential source of contamination. | 1-3 | No | | 14 | Screened or protected to exclude pests. | 1-2 | No | | 15 | Building, fixtures, facilities clean; including transport vehicles. | 1-5 | Yes | | 16 | Detergents, sanitizers, toxic materials safely used and stored. | 1-3 | No | | 17 | Detergents, sanitizers and toxic materials properly identified. | 1-2 | No | | 18 | Product contact surfaces clean and maintained in a sanitary condition; cleaned and sanitized prior to each use or as essential. | 1-2 | No | | 19 | Nonproduct contact surfaces of equipment clean and maintained in a sanitary condition. | 1-2 | No | | 20 | In use hemp extract contact equipment and utensils appropriately stored; protected from contamination between uses. | 1-2 | No | | 21 | Effective measures taken to exclude pests from the facility. No harborage/breeding areas. | 1-2 | No | | 22 | Pesticides safely used and stored. | 1-3 | No | | 23 | No evidence of rodents, insects, birds or other animals. | 1-5 | Yes | | 24 | Current satisfactory water supply test. | 5 | Yes | | 25 | Water supply sufficient in quantity for intended operations. | 2 | Yes | | 26 | Adequate floor drains and plumbing to convey wastes and sewage from plant. | 1-2 | Yes | | 27 | Sewage and waste lines protected not a source of contamination. | 1-2 | Yes | | 28 | Adequate offal, rubbish and waste disposal. | 1-2 | Yes | | 29 | Toilet facilities clean and in good repair, no direct opening to process area, self-closing door. | 1-2 | Yes | | 30 | Soap and single service towels or suitable drying devices provided at handwash facilities. Adequate refuse receptacles provided. | 1-2 | No | | 31 | Readily understandable handwash signs provided at handwash facilities. | 1 | No | | 32 | Hand dips provided as necessary. | 1-2 | No | | 33 | Design, material and workmanship durable, readily cleanable and in good repair. Contact surfaces nontoxic and corrosion resistant. | 1-3 | Yes | | 34 | Design and use preclude contamination with lubricants, fuel, contaminated water, paint, rust, compressed air/gas and other contaminants. | 1-3 | No | | 35 | Freezers and cold storage units equipped with adequate thermometers. | 1 | No | | 36 | Incoming raw materials or ingredients are from an approved source, in an obvious sanitary condition. Items inspected on receipt, suitable for intended use, segregated as necessary and properly stored (clean storage containers, facilities, products properly covered), ingredients properly identified; raw materials washed or cleaned as required. | 1-5 | No | | 37 | No contaminating material used, stored or transported with supplies, ingredients or processed foods. | 1-2 | No | | 38 | Packing material properly handled and stored. | 1 | No | | 39 | Cleaning operations - Conducted to minimize contamination. | 1-3 | No |

History

Statutory Authority: RCW 69.07.020 and 69.07.220. WSR 22-13-038, § 16-171-140, filed 6/7/22, effective 7/8/22.

Wash. Admin. Code § 16-171-150 Hemp extract facility inspection rating system—Inspection score.

(1) A hemp extract facility is evaluated at the completion of an inspection conducted by the department as follows:

(a) A hemp extract facility will be debited the point value assigned to the inspection item listed in WAC 16-171-140 for each violation found during an inspection.

(b) The maximum point value possible is 100.

(c) The sum of the points debited for an inspection are subtracted from the maximum point value of 100. The remaining sum is the facility's score for that inspection.

(d) When the department identifies a critical violation during inspection of a hemp extract facility a failing score of "critical" will be listed unless the violation is satisfactorily corrected during the inspection.

(2) A hemp extract facility is considered in substantial compliance with the inspection criteria if:

(a) No critical violations are found, or if critical violations are found, they are corrected prior to completion of the inspection; or

(b) The facility's inspection score is 90 points or above.

History

Statutory Authority: RCW 69.07.020 and 69.07.220. WSR 22-13-038, § 16-171-150, filed 6/7/22, effective 7/8/22.

Wash. Admin. Code § 16-171-160 Hemp extract facilities—Basis for enforcement action.

(1) The department may issue a notice of correction for:

(a) Hemp extract facilities that score less than 90 points on an inspection; or

(b) Critical violations found during an inspection of a hemp extract facility.

(2) The department may review and consider initiating enforcement action, such as certification suspension, civil penalties, and/or other actions provided in chapter 69.07 or 15.130 RCW when:

(a) Hemp extract facilities score less than 90 points on two separate inspections within a consecutive three-year period; or

(b) Hemp extract facilities fail to correct critical violations during an inspection.

(3) Nothing herein shall prevent the department from:

(a) Choosing not to pursue a case administratively.

(b) Issuing a notice of correction in lieu of pursuing enforcement action.

History

Statutory Authority: RCW 69.07.020 and 69.07.220. WSR 22-13-038, § 16-171-160, filed 6/7/22, effective 7/8/22.

Chapter 16-175 Maple syrup inspection.

Wash. Admin. Code § 16-175-100 Purpose of chapter.

WAC 16-175-100

The purpose of this chapter is to:

(1) Establish an inspection criteria and a rating system that will be used to determine whether maple syrup processing establishments, which process or handle maple syrup in intrastate commerce, are in compliance with chapters 69.07 and 15.130 RCW, and regulations adopted thereunder.

(2) Identify steps leading to enforcement actions by the department.

(3) Establish criteria for licensing maple syrup establishments under chapter 69.07 RCW.

History

Statutory Authority: RCW 69.07.020 and 69.07.070. WSR 26-15-012, s 16-175-100, filed 7/6/26, effective 8/6/26.

Wash. Admin. Code § 16-175-110 Maple syrup food processor licensing—New application—Inspection criteria.

WAC 16-175-110

To qualify for a new food processing plant license for maple syrup processors issued under chapter 69.07 RCW, the Washington Food Processing Act, a maple syrup processing establishment must first submit an application to the department. The license is only applicable to the processing of maple syrup. The processing of all other food products falls under the food inspection regulations specified under chapter 16-165 WAC. After the department receives a complete application, the department will inspect the facility. The facility must be in compliance with the following requirements prior to issuance of a license:

The maple syrup processing establishment must achieve a score of 90 points or higher on the licensing inspection and be in compliance with licensing criteria. For the purposes of licensing, a maple syrup processing establishment must not incur any licensing specific debits. Refer to WAC 16-175-140 for licensing criteria and licensing specific debits.

History

Statutory Authority: RCW 69.07.020 and 69.07.070. WSR 26-15-012, s 16-175-110, filed 7/6/26, effective 8/6/26.

Wash. Admin. Code § 16-175-120 Maple syrup establishments—Definitions.

WAC 16-175-120

The definitions in this section apply throughout this chapter:

(1) "Adequate" means that which is needed to accomplish the intended purpose in keeping with good public health practice.

(2) "Critical violation" means a violation of the inspection criteria that is a direct violation of RCW 15.130.200 with respect to adulterated food or a violation that results in food adulteration that could cause injury or illness in consumers, or that has the potential to contribute to conditions resulting in such adulteration.

(3) "Establishment" and "facility" mean a sugar shack, premise, plant, building, room, or area which processes, prepares, handles, or stores maple syrup for sale in intrastate commerce.

(4) "Filth" means microorganisms, unsuitable toxic chemicals, dirt, debris, microscopic physical contaminants, and other adulterants.

(5) "Grade standards" means the standards prescribed in Section 52.5962 of the United States Standards for Grades of Maple Syrup (March 2, 2015).

(6) "Labeling" and "finished product labeling" means labeling to follow the United States Food and Drug Administration labeling requirements for packaged food in 21 C.F.R. Part 101, 21 U.S.C. 321, and in Section 52.5962 of the United States Standards for Grades of Maple Syrup.

(7) "Licensing criteria violation" means any violation of the inspection criteria required to be in compliance prior to the issuance of a maple syrup food processor's license under chapter 69.07 RCW.

(8) "Maple sap" means the sap or sweet water obtained by tapping a maple tree.

(9) "Maple syrup" means the liquid food derived by concentrating and heat-treating sap from the maple tree (Acer) as defined in the U.S. Food and Drug Administration (FDA) Standards of Identity for Maple Sirup (21 C.F.R. 168.140) issued under the Federal Food, Drug, and Cosmetic Act. The solids content of the finished maple syrup shall not be less 66 percent by weight (Brix).

(10) "Maple syrup processing establishment" means any premise, plant, building, room, area, or facility which processes, prepares, handles, or stores maple syrup for sale in intrastate commerce.

(11) "Maple syrup processing operation" means a person or business that produces maple syrup for sale, and includes the collection of maple tree sap, the processing of maple sap into maple syrup, and all related facilities, equipment, and employees.

(12) "Product" means maple syrup.

(13) "Sanitize" means to adequately treat food contact surfaces by a process that is effective in destroying vegetative cells of microorganisms of public health significance, and in substantially reducing numbers of other undesirable microorganisms, but without adversely affecting the product or its safety for the consumer.

(14) "Significant violation" means any violation of the inspection criteria not deemed to be a critical violation as defined in WAC 16-175-140(2).

(15) "Sugar shack" means a structure used, in whole or in part, for the collection, storage, or processing of maple sap into maple syrup. A sugar shack does not include a domestic residence. A sugar shack need not be a permanent structure, but the permittee must be able to ensure sanitary conditions in the processing area.

History

Statutory Authority: RCW 69.07.020 and 69.07.070. WSR 26-15-012, s 16-175-120, filed 7/6/26, effective 8/6/26.

Wash. Admin. Code § 16-175-130 Maple syrup processing establishment—Inspection criteria definitions—Interpretations.

WAC 16-175-130

WSDA will use the definitions and interpretations in this section to determine if a maple syrup processing establishment inspection complies with the inspection criteria.

(1) "Clean and adequate protective clothing" means the clothing or the outside layer of clothing, which can occasionally or incidentally contact food, either directly or indirectly, is:

(a) Clean at the start of the work shift;

(b) Changed when the clothing becomes so soiled during the course of the work shift that contamination of food, food packaging, or food contact surfaces becomes imminent; and

(c) Suitable to maple syrup processing facilities for protection against the contamination of food, food packaging, and food contact surfaces.

(2) "Clean and effective hair restraints" means hats, caps, scarves, or other head cover are worn for the protection of the maple syrup from contamination. Hair spray and/or tying back the hair in ponytails, etc., are not considered effective hair restraints.

(3) "Adequate washing of hands as necessary" means washing hands thoroughly to protect against contamination of maple syrup from undesirable microorganisms in an adequate handwash facility by:

(a) Using proper handwashing methods which consist of:

(i) Applying soap to hands;

(ii) Using potable water;

(iii) Scrubbing hands thoroughly; and

(iv) Rinsing and drying hands using methods that prevent food contamination;

(b) Washing hands before beginning work, after each absence from the workstation, and any time hands become soiled or contaminated; and

(4) "Garments and personal belongings stored appropriately; not a source of contamination" means personal belongings and garments, either personal or facility supplied, are stored or kept separately from maple syrup processing, handling, and storage operations such as in an area, locker, cupboard, or other closable unit that is dedicated to the storing or hanging of personal belongings and clothing so not to become a source of contamination to maple syrup, maple syrup packaging, or maple syrup contact surfaces.

No maple syrup, packaging materials, utensils, or equipment used in the maple processing operation are kept, stored, or commingled with personal belongings or garments.

(5) "Grounds maintained" means the grounds outside the maple syrup establishment are clean and free of clutter that may constitute a breeding and harborage site for rodents.

(6) "Adequate light" means a minimum of 25-foot candles at the working surfaces of maple syrup processing areas and a minimum of 10-foot candles at the floor level in all other maple syrup processing areas.

(7) "Detergents, sanitizers, and toxic materials properly identified" means:

(a) Labeling any container containing detergent, sanitizer, or toxic material with the:

(i) Product name;

(ii) Chemical description;

(iii) Directions for use;

(iv) Any required precautionary and warning statements;

(v) First-aid instructions;

(vi) Name and address of the manufacturer or distributor; and

(vii) Any other additional information required by the federal Environmental Protection Agency or other laws or rules; or

(b) Small transport or use containers for detergents, sanitizers, or toxic materials are used only under the following conditions:

(i) The contents are properly identified on the container. Labeling the container with the common name is acceptable if the original storage container is on hand and properly identified;

(ii) No maple syrup container is used as a container for detergents, sanitizers, or toxic materials; and

(iii) No container used for detergents, sanitizers, or toxic materials is used as a maple syrup container.

(8) "Suitable size, location, and construction of the facility" means:

(a) Floors, ceilings, walls, counters, shelving, and other fixtures, are smooth, easily cleanable, and in good repair.

(b) The bottling area must be enclosed.

(9) "Food grade materials and product packaging" means:

(a) Pipeline tubing and any vessels used to transport or store water, maple sap, or maple syrup are made of food-grade materials;

(b) Evaporator pans, buckets, tanks, and other maple syrup processing equipment may not be made with solder containing lead in any quantity or other materials that are not suitable or appropriate for use as food contact surfaces; and

(10) "Maple syrup contact surfaces clean and maintained in a sanitary condition, cleaned and sanitized prior to each use or as required" means:

(a) Contact surfaces of equipment, utensils, containers, and other articles used in the processing of maple syrup, when its continued use is apparent, are not soiled with any residue or contaminant that could adulterate food products as defined in RCW 15.130.200;

(b) Maple syrup residue is removed from product contact surfaces frequently enough to prevent residues from becoming unwholesome or unfit for food, decomposed, filthy, putrid, or injurious to health; and

(11) "Maple syrup contact surfaces clean and maintained in a sanitary condition, cleaned and sanitized prior to each use or as essential: Critical violation" means it is a critical violation if a maple syrup product contact surface comes into contact with potentially hazardous contaminants and the surface is not sanitized after cleaning or prior to use.

Product contact surfaces that become contaminated but are cleaned and sanitized prior to use are not considered a critical violation.

(12) "Nonproduct contact surfaces of equipment cleaned and maintained in a sanitary condition" means nonproduct contact surfaces of equipment used in the processing of maple syrup are kept reasonably free from dirt, residues, foreign material, dust, mold, mildew, slime, and other accumulations that occur because of day-to-day maple syrup processing operations.

(13) "In-use maple syrup contact equipment and utensils appropriately stored: Protected from contamination between uses" means the equipment and utensils used in the processing of maple syrup, such as buckets, tubing, spoons, knives, scrapers, scoops, shovels, cutters, pans, and other hand tools and equipment, are food safe and placed or stored in a manner to prevent being contaminated with filth.

Storage and placement of utensils or equipment in the following manner is considered inappropriate storage:

(a) In contact with the floor, dirty equipment frames, other insanitary nonfood contact surfaces;

(b) In contact with containers of nonpotable water (other than sterilizing solutions); and

(14) "In-use maple syrup contact equipment and utensils appropriately stored: Protected from contamination between uses: Critical violation" means that it is a critical violation when a utensil or piece of equipment is or has been stored in such a manner that it becomes obviously contaminated with filth and its continued use is apparent.

Utensils and equipment that become contaminated are not considered a critical violation if the utensils and equipment are cleaned and sanitized prior to the next use.

(15) "Maple syrup processed at adequate temperatures" means maple syrup is processed and then bottled at 180 degrees Fahrenheit or higher.

(16) "USDA Grade included on product labeling" must meet the requirements of that standard as prescribed in Section 52.5962 of the United States Standards for Grades of Maple Syrup.

(17) "Water supply—Safe and of sanitary quality" means the water supply used in the processing of maple syrup is potable, from an approved source, and is monitored in accordance with applicable laws and rules. Water from an approved source and monitored in accordance with applicable laws and rules means:

(a) Food processors with 25 or more employees and operating 60 days or more annually comply with the state department of health, division of drinking water requirements for a group A water system (chapter 246-290 WAC).

(b) Processors with less than 25 employees or operating less than 60 days annually, except single-family residences employing only household members, comply with the state department of health, division of drinking water requirements for a group B water system (chapter 246-291 WAC).

(c) Processors who operate from single-family residences on private water supplies meet the department of health, division of drinking water requirements for a group B water system (chapter 246-291 WAC) with respect to monitoring for bacteriological, chemical, and physical properties. Processors who do not use water as an ingredient or incorporate water into their product need only meet the bacteriological testing requirements.

(18) "Current satisfactory water test" means analysis verifying the bacteriological, physical, and chemical safety of the water has been conducted according to appropriate group A or B water system monitoring schedules and that reports of such analysis are on file at the maple syrup processing establishment and available for review by WSDA during routine facility inspection.

(19) "Approved sewage disposal system" means:

(a) Sewage and other waste do not provide a source of contamination to maple syrup, potable water, maple syrup contact surfaces, or maple syrup packaging material, or create any insanitary condition; and

(b) Sewage disposal meets the requirements of federal, state, or local agencies having jurisdiction.

(20) "Adequate, readily accessible toilet facilities" means:

(a) A maple syrup establishment provides its employees with toilet facilities that are maintained in accordance with 21 C.F.R., Part 117, and:

(i) Nonwater carriage toilet facilities are no farther than a quarter of a mile (1,320 feet) from the maple syrup processing area;

(ii) Toilet facilities mean:

(A) Nonwater carriage toilets such as a chemical toilet or an incinerator toilet, and includes a handwash station directly adjacent to the toilet facility; or

(B) Toilet facilities may also mean a standard toilet facility if properly plumbed for disposal into a municipal/city approved sewage disposal system or a local health jurisdiction approved on-site wastewater disposal system.

(b) A domestic toilet facility is sufficient if the maple syrup processing operation is a family operation where only family members are employed and if the domestic toilet facility meets applicable requirements provided in 21 C.F.R., Part 117.

(21) "Toilet facilities clean, in good repair, screened, and with the exception of domestic facilities must have self-closing doors" means toilet facilities are kept clean, free of trash and litter, serviced at intervals to ensure sanitary condition, in good repair, screened, and with the exception of domestic facilities all doors are self-closing.

(22) "Handwash facilities adequate and convenient" means food handlers in a maple syrup establishment have access to an adequate handwash facility:

(a) Adequate handwash facility means:

(i) At a minimum, a 20-gallon container of potable water with a free-flow spigot;

(ii) Container must be stored off the ground at a minimum of a standard table height of 30 inches or greater; and

(iii) Liquid or foaming soap and single use disposable towels must be located at the handwash container; and

(b) Handwashing stations must have hot, cold, or tempered running water; and

(c) One or more handwash facilities must be located in the maple syrup processing area, and one hand wash facility must be adjacent to the toilet facility; or

(d) Handwash facilities may also mean a standard handwash sink if properly plumbed for disposal into a municipal/city approved sewage disposal system or a local health jurisdiction approved on-site wastewater disposal system.

(23) "Maple syrup protected from contamination in storage" means maple syrup is stored under conditions that protect food against physical, chemical, and microbial contamination, as well as against deterioration of the maple syrup and the container.

(24) "Maple syrup protected from contamination in storage: Critical violation" means it is a critical violation when:

(b) Raw materials from unapproved or uncertified sources are used that are inherently associated with food-borne illnesses.

(25) "Adequate records maintained as required" means all records are maintained as provided under Title 21 C.F.R., Part 117 and any other law or rule requiring recordkeeping, except that water tests are covered under subsection (18) of this section, "Current satisfactory water test."

(26) "Adequate records maintained as required: Critical violation" means it is a critical violation when a record is not maintained on any food process and/or controls as provided for in subsection (25) of this section, or so poorly maintained that the information intended to be conveyed by the record is lacking or cannot be determined.

(27) "Packaging material properly handled and stored" means a food contact surface of maple syrup packaging material is protected from potential sources of contamination during handling and storage. This includes, but is not limited to:

(a) Boxes, liners, and other primary containers are stored off floors or other insanitary surfaces;

(b) Top containers in a nested stack of lined or primary containers are inverted or otherwise protected;

(c) All single service containers, caps, roll stock, liner jars, bottles, jugs, and other preformed containers are stored in closed sanitary tubes, wrappings, boxes, or cartons prior to use;

(d) The forming, make-up, or other package assembly is conducted in a manner that precludes contamination; and

(e) The handling of packaging material and containers prior to filling or wrapping is conducted so not to expose them to contamination by dust, foreign material, or other contaminants.

History

Statutory Authority: RCW 69.07.020 and 69.07.070. WSR 26-15-012, s 16-175-130, filed 7/6/26, effective 8/6/26.

Wash. Admin. Code § 16-175-140 Maple syrup establishment—Inspection criteria.

WAC 16-175-140

The maple syrup inspection criteria shall be in accordance with the following table for determining:

(1) If a maple syrup establishment is in compliance with chapters 69.07 and 15.130 RCW, and 21 C.F.R. Part 101, and rules adopted thereunder;

(2) The debit value for each significant violation; and

(3) Whether a violation is critical, or a licensing requirement:

INSPECTION CRITERIA

Critical Inspection Criteria

| Criteria Item—Critical* | Licensing Requirement? | | | --- | --- | --- | | 1. | Maple syrup products free from adulteration. | Yes | | 2. | Persons with apparent infections or communicable diseases properly restricted. | Yes | | 3. | Adequate washing and sanitizing of hands as necessary, gloves used in food handling sanitary conditions. | Yes | | 4. | Product contact surfaces clean and maintained in a sanitary condition; cleaned and sanitized prior to each use or as essential. | Yes | | 5. | In use maple syrup contact equipment and utensils appropriately stored; protected from contamination between uses. | No | | 6. | Water used safe and of adequate sanitary quality; from approved source. | Yes | | 7. | Adequate, readily accessible toilet facilities provided not within 50 feet or further than 300 feet of the processing area. | Yes | | 8. | Handwash facility directly adjacent to toilet facility. | Yes | | 9. | No evidence of human defecation or urination about the premises. | Yes | | 10. | Handwash station with 20-gallon container of potable water with free-flow spigot adequate and convenient to the processing area. | Yes | | 11. | Maple syrup protected from contamination in storage. | No | | 12. | Adequate records maintained as required. | No | | 13. | Sewage disposal meets the requirements of federal, state, or local agencies having jurisdiction. | Yes | | 14. | Maple syrup products misbranded, product has undeclared allergens or human sensitivity causing ingredients including subcomponents. | No | | 15. | Producing, holding, or packaging products other than maple syrup as defined by this rule. | No |

| * | Any critical violation results in an establishment not being in substantial compliance. | | --- | --- |

INSPECTION CRITERIA

Significant Inspection Criteria

| Criteria Item—Significant | Debit Value | Licensing Requirement? | | | --- | --- | --- | --- | | 1. | Jewelry, watches, and other personal items not a source of contamination. | 1 | No | | 2. | Clean and adequate protective clothing and hair restraints. | 1-2 | No | | 3. | Use of tobacco, eating and drinking of food and beverages, and gum chewing restricted to appropriate areas. | 1 | No | | 4. | Garments and personal belongings stored appropriately, not a source of potential contamination. | 2 | No | | 5. | Employee work procedures preclude contamination. | 1-2 | No | | 6. | Grounds within fifteen feet of processing area: Free from pest attractions, breeding places, harborage, excessive dust, and other contaminants. | 1-2 | No | | 7. | Suitable size and location, construction including floors, ceilings, walls, counters, shelving, other fixtures, smooth, readily cleanable and in good repair if present. | 1-5 | Yes | | 8. | The bottling area must be enclosed, the cleanest area of the establishment. | 1-5 | Yes | | 9. | No operations in domestic living or sleeping quarters (including domestic kitchens). | 0 | Yes | | 10. | Adequate light. | 1-2 | Yes | | 11. | Lights, glass over food protected, breakproof. | 1 | No | | 12. | Drip or condensate not a potential source of contamination. | 1-3 | No | | 13. | Screened or protected to exclude pests. | 1-2 | No | | 14. | Building, fixtures, facilities clean; including transport vehicles. | 1-5 | Yes | | 15. | Detergents, sanitizers, toxic materials safely used and stored. | 1-3 | No | | 16. | Detergents, sanitizers, and toxic materials properly identified. | 1-2 | No | | 17. | Product contact surfaces clean and maintained in a sanitary condition; cleaned and sanitized prior to each use or as essential. | 1-2 | No | | 18. | Equipment, utensils, and product packaging made of food-grade materials. | 1-5 | Yes | | 19. | Nonproduct contact surfaces of equipment clean and maintained in a sanitary condition. | 1-2 | No | | 20. | In use maple syrup contact equipment and utensils appropriately stored; protected from contamination between uses. | 1-2 | No | | 21. | No harborage/breeding areas within or directly adjacent to processing areas. | 1-2 | No | | 22. | Pesticides safely used and stored. | 1-3 | No | | 23. | No evidence of rodents, insects, birds or other animals. | 1-5 | Yes | | 24. | Current satisfactory water supply test. | 5 | Yes | | 25. | Water supply sufficient in quantity for intended operations. | 2 | Yes | | 26. | Toilet facilities clean and in good repair, not within 50 feet of processing area and not farther than 300 feet from processing area, screened, self-closing door, adjacent handwash. | 1-2 | Yes | | 27. | Soap and single service towels or suitable drying devices provided at handwash stations. Adequate refuse receptacles provided. | 1-2 | No | | 28. | Design, material and workmanship durable, readily cleanable, and in good repair. Contact surfaces nontoxic and corrosion resistant. | 1-3 | Yes | | 29. | Design and use preclude contamination with lubricants, fuel, contaminated water, paint, rust, compressed air/gas and other contaminants. | 1-3 | No | | 30. | New single-use containers and lids used to bottle finished product. | 1-5 | No | | 31. | Incoming raw materials and ingredients from an approved source, in an obvious sanitary condition. Items inspected on receipt, suitable for intended use, segregated as necessary, and properly stored (clean storage containers, facilities, products properly covered); ingredients properly identified. | 1-5 | No | | 32. | Adequate records maintained as required - Noncritical. | 1 | No | | 33. | No contaminating material used, stored, or transported with supplies, ingredients or processed foods. | 1-2 | No | | 34. | Packing material properly handled and stored. | 1 | No | | 35. | Cleaning operations - conducted to minimize contamination. | 1-3 | No | | 36. | Maple syrup products misbranded. Labels do not have producer name, address, and other required label components. | 1-5 | Yes |

History

Statutory Authority: RCW 69.07.020 and 69.07.070. WSR 26-15-012, s 16-175-140, filed 7/6/26, effective 8/6/26.

Wash. Admin. Code § 16-175-150 Maple syrup processing establishment inspection rating system—Inspection score.

WAC 16-175-150

(1) A maple syrup processing establishment is rated as follows at the completion of an inspection conducted by the department:

(a) A maple syrup processing establishment will be debited the point value assigned to the inspection item listed in WAC 16-175-140 for each violation found during an inspection.

(b) The sum of the points debited for an inspection are subtracted from the maximum point value of 100. The remaining sum is the establishment's score for that inspection.

(c) When the department identifies a critical violation during an inspection, the establishment is considered to not be in substantial compliance and automatically fails the inspection regardless of points debited due to any other violations, unless the critical violation is satisfactorily corrected during the inspection.

(2) An establishment is considered in substantial compliance with the inspection criteria if:

(a) No critical violations are found, or if critical violations are found and corrected prior to completion of the inspection; and

(b) The establishment's inspection score is 90 points or above.

History

Statutory Authority: RCW 69.07.020 and 69.07.070. WSR 26-15-012, s 16-175-150, filed 7/6/26, effective 8/6/26.

Chapter 16-180 Produce safety.

Wash. Admin. Code § 16-180-005 Purpose of this rule.

The purpose of this chapter is to implement the purpose and provisions of chapter 15.135 RCW.

History

Statutory Authority: RCW 15.135.020 and 15.135.080. WSR 25-15-139, s 16-180-005, filed 7/22/25, effective 8/22/25.

Wash. Admin. Code § 16-180-010 Adoption of the federal Produce Safety Rule.

The Washington state department of agriculture adopts the federal Produce Safety Rule, codified in 21 C.F.R. Part 112, effective July 5, 2024, for the growing, harvesting, packing, and holding of produce for human consumption. The Produce Safety Rule may be obtained from the department by emailing producesafety@agr.wa.gov, by phone at 360-902-1848 or online at https://www.ecfr.gov/current/title-21/chapter-I/subchapter-B/part-112.

History

Statutory Authority: RCW 15.135.020 and 15.135.080. WSR 25-15-139, s 16-180-010, filed 7/22/25, effective 8/22/25.

Chapter 16-200 Fertilizers.

Wash. Admin. Code § 16-200-600 Purpose.

The following sections concerning the protection of groundwater, labeling requirements and examination of fertilizer minerals and limes (WAC 16-200-708 through 16-200-742) are established in this chapter under the authority of the Commercial Fertilizer Act, chapter 15.54 RCW.

This chapter also describes the requirements for registration of commercial fertilizers, including the information which must be submitted as part of the registration application, the sample preparation and analysis methods which must be used, the maximum application rates the department will use to determine whether a commercial fertilizer may be registered, the Washington standards for metals (in pounds per acre per year), and the acts which are unlawful under this chapter.

History

Statutory Authority: RCW 15.54.270(4) and 15.54.800. WSR 00-19-058, § 16-200-600, filed 9/18/00, effective 10/19/00.

Wash. Admin. Code § 16-200-695 Definitions.

The definitions set forth in this section shall apply throughout this chapter unless context otherwise requires:

(1) "Organic" means a material containing carbon and one or more elements (other than hydrogen and oxygen) essential for plant growth. When the term "organic" is utilized in the label or labeling of any commercial fertilizer, it shall be qualified as either "synthetic organic" or "natural organic," with the percentage of each specified.

(2) "Natural organic" means a material derived from either plant or animal products containing carbon and one or more elements (other than hydrogen and oxygen) essential for plant growth.

(3) "Synthetic organic" means a material that is manufactured chemically (by synthesis) from its elements and other chemicals, containing carbon and one or more elements (other than hydrogen and oxygen) essential for plant growth.

(4) "Unit" means one percent (by weight) of a ton.

(5) "AOAC" means the association of official analytical chemists.

(6) "Commercial fertilizer" means a substance containing one or more recognized plant nutrients and that is used for its plant nutrient content or that is designated for use or claimed to have value in promoting plant growth, and shall include limes, gypsum, and manipulated animal and vegetable manures. It does not include unmanipulated animal and vegetable manures, organic waste-derived material, and other products exempted by the department by rule.

(7) "Fertigation" means a method of applying commercial fertilizers with irrigation water to fertilize land or plants.

(8) "Fertilizer component" means a commercial fertilizer ingredient containing one or more recognized plant nutrients which is incorporated in the commercial fertilizer for its plant nutrient value.

(9) "Maximum acceptable cumulative metals additions to soil" means the amount of total metals that can be added to soil over a forty-five-year period of time without exceeding the Canadian standards which have been adopted in RCW 15.54.800(3) as Washington standards for metals.

(10) "Organic waste-derived material" means grass clippings, leaves, weeds, bark, plantings, prunings, and other vegetative wastes, uncontaminated wood waste from logging and milling operations, food wastes, food processing wastes, and materials derived from these wastes through composting. "Organic waste-derived material" does not include products that include biosolids.

(11) "Maximum application rate" means the maximum amount of commercial fertilizer expressed by weight (such as: Pounds, ounces, kilograms, or milligrams) or volume (such as: Gallons, quarts, fluid ounces, liters, or milliliters) to be applied to an area of a specified size (such as: Acres, square feet, hectares, or square meters) in a period of time stated in years.

(12) "Biosolids" means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process that can be beneficially recycled, including material derived from biosolids, and septic tank sludge, also known as septage. For the purposes of this rule, semisolid products include biosolids or products derived from biosolids ranging in character from mostly liquid to fully dried solids.

(13) "Unpackaged biosolids" means biosolids distributed in a loose, unpackaged form such as, but not limited to, tote bags, tote tanks, bins, tanks, trailers, spreader trucks, railcars, and pick-up truckloads or other containers provided by the final user solely for transport of the material.

(14) "Packaged biosolids" means biosolids distributed in a container provided by the distributor of the material.

History

Statutory Authority: RCW 15.54.270(4) and 15.54.800. WSR 00-19-058, § 16-200-695, filed 9/18/00, effective 10/19/00. Statutory Authority: RCW 15.54.325 and 15.54.800. WSR 99-08-037, § 16-200-695, filed 3/31/99, effective 5/1/99. Statutory Authority: Chapter 15.54 RCW. WSR 99-02-035, § 16-200-695, filed 12/30/98, effective 1/30/99. Statutory Authority: RCW 15.54.800. WSR 91-01-015 (Order 2066), § 16-200-695, filed 12/7/90, effective 1/7/91. Statutory Authority: Chapter 15.54 RCW. WSR 87-19-097 (Order 1952), § 16-200-695, filed 9/17/87.

Wash. Admin. Code § 16-200-701 What products are exempt from the definition of commercial fertilizer?

In addition to unmanipulated animal and vegetable manures and organic waste-derived materials, the following materials are exempt from the definition of commercial fertilizer:

(1) Unpackaged biosolids if they comply with biosolids regulation under chapter 173-308 WAC, and they do not use the term "fertilizer" in the labeling of the biosolids, except to disclaim them as commercial fertilizer;

(2) Packaged biosolids if they do not meet the definition for commercial fertilizer, do not use the term "fertilizer" in the labeling of the biosolids, except to disclaim them as commercial fertilizer, and comply with biosolids regulation under chapter 173-308 WAC.

History

Statutory Authority: RCW 15.54.270(4) and 15.54.800. WSR 00-19-058, § 16-200-701, filed 9/18/00, effective 10/19/00.

Wash. Admin. Code § 16-200-703 How are biosolids regulated under the Commercial Fertilizer Act?

(1) Unpackaged biosolids and packaged biosolids that do not meet the definition for commercial fertilizer must include a legible and conspicuous disclaimer on their labeling. The disclaimer must specifically state that the product is not a commercial fertilizer, and that any nutrient claims are estimates or averages and are not guaranteed.

(2) Packaged biosolids that meet the definition for commercial fertilizer must be registered as commercial fertilizer.

History

Statutory Authority: RCW 15.54.270(4) and 15.54.800. WSR 00-19-058, § 16-200-703, filed 9/18/00, effective 10/19/00.

Wash. Admin. Code § 16-200-7061 What information must I include with my registration application concerning total metals and application rates?

(1) You are required to submit the following metals information with your registration application:

(a) Total concentration of each metal in each commercial fertilizer reported in parts per million (PPM) which is equivalent to milligrams of metal per kilogram of fertilizer (mg/kg), or micrograms per gram;

(b) Copy of the laboratory report on total metals analysis;

(d) Method of sample preparation; and

(e) Minimum detection limits for each method used.

(2) The department may request quality assurance and quality control documentation for analytical procedures and/or for the laboratory which performed the analyses.

(3) The analytical data and maximum application rate will be used to determine if a commercial fertilizer meets or exceeds the Washington standards for metals.

(4) For all commercial fertilizers that have application rates on their labels, the maximum application rate shall be disclosed for each commercial fertilizer on the registration application form.

History

Statutory Authority: RCW 15.54.325 and 15.54.800. WSR 99-08-037, § 16-200-7061, filed 3/31/99, effective 5/1/99. Statutory Authority: Chapter 15.54 RCW. WSR 99-02-035, § 16-200-7061, filed 12/30/98, effective 1/30/99.

Wash. Admin. Code § 16-200-7062 What method must I use to analyze the total metals contained in my commercial fertilizer?

(1) You must prepare your sample of commercial fertilizer using U.S. Environmental Protection Agency ("EPA") sample preparation method 3050B (except when preparing a sample for analysis of mercury*). You must analyze your commercial fertilizer for the total concentration of each of the following nine metals in each commercial fertilizer using one or more of the EPA analysis methods listed in Table 1. All methods are described in EPA's SW-846, Third Edition.

Table 1. Acceptable Sample Preparation and Analysis Methods for Total Metals

| Metal | Inductively Coupled Plasma (ICP) | Atomic Absorption | Inductively Coupled Plasma Mass Spectroscopy (ICP/MS) | | --- | --- | --- | --- | | Arsenic (As) | 6010, 6010A, 6010B | 7060A, 7061A | 6020 | | Cadmium (Cd) | 6010, 6010A, 6010B | 7131A | 6020 | | Cobalt (Co) | 6010, 6010A, 6010B | 7201 | 6020 | | Lead (Pb) | 6010, 6010A, 6010B | 7420, 7421 | 6020 | | Molybdenum (Mo) | 6010, 6010A, 6010B | 7480 | 6020 | | Nickel (Ni) | 6010, 6010A, 6010B | 7520, 7521 | 6020 | | Selenium (Se) | 6010, 6010A, 6010B | 7740, 7741A | 6020 | | Zinc (Zn) | 6010, 6010A, 6010B | 7951 | 6020 | | Mercury (Hg) | | 7470A*, 7471A* | | | | | | | | Sample Preparation | 3050B | 3050B | 3050B |

Copies of SW-846 Third Edition and all associated updates are available from: The Government Printing Office, Superintendent of Documents, Washington, DC 20402, (202) 512-1800, and from the Department of Commerce, National Technical Information Center, 5285 Port Royal Road, Springfield, VA 22161, (703) 487-4650 or 800-553-NTIS.

*Since sample preparation method 3050B cannot provide for an analysis of mercury, when you prepare a sample for analysis of mercury you must use the sample preparation method established for analysis method 7470A when using method 7470A to analyze your sample and the sample preparation method established for analysis method 7471A when using method 7471A to analyze your product.

(2) Other sample preparation and analysis methods for total concentration of each metal in each commercial fertilizer may be used only under the following conditions:

(a) You must submit a request to the department, in writing, detailing the sample preparation and analysis methods, minimum detection limits and quality assurance, quality control documentation and a side-by-side comparison of the analysis results from the alternative method to one of the approved methods' analysis results of the same material; and

(b) The department, after reviewing the request, may approve the sample preparation or analysis method only if the capability of the method meets or exceeds the sensitivity and accuracy of the applicable method listed in the Table 1.

(3) Any commercial fertilizer product registered prior to the enactment of these provisions using any sample preparation or analysis method not authorized by subsection (1) or (2) must be registered in accordance with subsection (1) or (2) in the next annual commercial fertilizer registration cycle.

History

Statutory Authority: Chapter 15.54 RCW. WSR 99-02-035, § 16-200-7062, filed 12/30/98, effective 1/30/99.

Wash. Admin. Code § 16-200-7063 How will the department determine whether a commercial fertilizer meets Washington standards for metals?

(1) To determine whether a commercial fertilizer meets Washington standards for metals, the department will use the following formula:

Pounds of product applied per acre per year X metal content of product (ppm)

1,000,000

The number used for pounds of product applied per acre per year will be the maximum application rate allowed by the commercial fertilizer label. If specific label directions for use are not available, the department will use the Washington application rates listed in subsection (2) of this section, divided by four.

(2) Using normal agronomic rates that are representative of soil, crop rotation, and climatic conditions in Washington state, the department developed the following Washington application rates:

| Nutrient | 4 Yr. Cumulative Total (lbs./acre) | | --- | --- | | Nitrogen (N) | 1600 | | Phosphorous (as P2O5) | 700 | | Potassium (as K2O) | 1600 | | Boron (B) | 12 | | Calcium (Ca) | 800 | | Chlorine (Cl) | 300 | | Copper (Cu) | 10 | | Iron (Fe) | 80 | | Magnesium (Mg) | 400 | | Manganese (Mn) | 40 | | Molybdenum (Mo) | 4 | | Sulfur (S) | 400 | | Zinc (Zn) | 30 | | Lime (CaCO3 equivalent) | 20,000 | | Gypsum (CaSO4) | 16,000 |

(3) To ensure that the maximum acceptable cumulative metals additions to soil are not exceeded, the department will assume the commercial fertilizer will be applied at the maximum rate as stated on the label or established in this rule.

History

Statutory Authority: Chapter 15.54 RCW. WSR 99-02-035, § 16-200-7063, filed 12/30/98, effective 1/30/99.

Wash. Admin. Code § 16-200-7064 What are the Washington standards for metals?

(1) The standards for metals in Washington are the maximum acceptable annual metals additions to soils adopted in RCW 15.54.800 and are presented in Table 2. Because the Canadian standards contained in the Canadian Trade Memorandum T-4-93 dated August 1996 are based on long-term (forty-five-year) cumulative metals additions to soils, the maximum acceptable annual metals additions to soils are determined by dividing the Canadian standards by forty-five. The Washington standards are expressed as pounds per acre per year.

Table 2. Washington Standards For Metals.

| Metals | Lbs./acre/yr. | | --- | --- | | Arsenic (As) | .297 | | Cadmium (Cd) | .079 | | Cobalt (Co) | .594 | | Mercury (Hg) | .019 | | Molybdenum (Mo) | .079 | | Nickel (Ni) | .713 | | Lead (Pb) | 1.981 | | Selenium (Se) | .055 | | Zinc (Zn) | 7.329 |

(2) To be registered with the department and distributed in Washington, a commercial fertilizer must not exceed the above standards. Because cobalt (Co), molybdenum (Mo), and zinc (Zn) are also plant nutrients, higher concentrations than those presented in the table may be permitted. Commercial fertilizers which contain cobalt (Co), molybdenum (Mo), and/or zinc (Zn) concentrations may be registered and distributed in Washington if those metals are used as plant nutrients and those metals meet all applicable minimum guarantees and labeling requirements of chapter 15.54 RCW and the rules adopted thereunder.

(3) If a commercial fertilizer contains cobalt (Co), molybdenum (Mo), or zinc (Zn) and any one or more of those metals are not intended to be used as a plant nutrient, then the nonplant nutrient metals must meet the Standards shown in Table 2.

History

Statutory Authority: Chapter 15.54 RCW. WSR 99-02-035, § 16-200-7064, filed 12/30/98, effective 1/30/99.

Wash. Admin. Code § 16-200-708 Unlawful acts.

(1) It shall be unlawful for any person to refuse or neglect to comply with the provisions of the applicable sections of chapter 15.54 RCW, the rules adopted thereunder, or any lawful order of the department.

(2) It is unlawful to distribute a commercial fertilizer in Washington that exceeds the standards for nonnutritive substances established in RCW 15.54.800(3). The department will determine if a commercial fertilizer exceeds the standards by using the maximum application rates and by either:

(a) Comparing data submitted by the registrant to the standards established in WAC 16-200-7064; or

(b) Comparing the results of the analysis of an official sample to the standards established in WAC 16-200-7064. Official samples will be analyzed by the methods set forth in these rules.

History

Statutory Authority: Chapter 15.54 RCW. WSR 99-02-035, § 16-200-708, filed 12/30/98, effective 1/30/99. Statutory Authority: RCW 15.54.800. WSR 91-01-015 (Order 2066), § 16-200-708, filed 12/7/90, effective 1/7/91.

Wash. Admin. Code § 16-200-711 Plant nutrients in addition to nitrogen, phosphorus and potassium.

(1) Plant nutrients, other than nitrogen, phosphorus and potassium, when mentioned in any form or manner shall be registered and shall be guaranteed on the label. Guarantees shall be made on the elemental basis. Sources of the elements guaranteed shall be shown on the label. Proof of availability shall be provided the director upon request. Except guarantees for those water soluble nutrients labeled solely for hydroponic or continuous liquid feed programs, the minimum percentages which will be accepted for registration are as follows:

| Element | % | | --- | --- | | Calcium (Ca) | 1.0000 | | Magnesium (Mg) | 0.5000 | | Sulfur (S) | 1.0000 | | Boron (B) | 0.0200 | | Chlorine (Cl) | 0.1000 | | Cobalt (Co) | 0.0005 | | Copper (Cu) | 0.0500 | | Iron (Fe) | 0.1000 | | Manganese (Mn) | 0.0500 | | Molybdenum (Mo) | 0.0005 | | Sodium (Na) | 0.1000 | | Zinc (Zn) | 0.0500 |

(2) Guarantees or claims for the plant nutrients listed in subsection (1) of this section are the only ones which shall be accepted by the department. Proposed labels and directions for the use of the fertilizer shall be furnished to the department with the application for registration upon request. Any of the above listed elements which are guaranteed shall appear in the order listed immediately following guarantees for the primary nutrients of nitrogen, phosphorus and potassium.

(3) A warning or caution statement may be required on the label for any commercial fertilizer containing more than 0.1% boron or more than 0.001% molybdenum. The following are examples of possible warning or caution statements:

(a) Boron:

(i) This fertilizer contains boron which may be injurious to certain crops. Contact your local county agent or field consultant for specific information.

(ii) warning: This fertilizer carries added borax and is intended for use only on alfalfa. Its use on any other crops or under conditions other than those recommended may result in serious injury to the crops.

(b) Molybdenum: caution: This fertilizer is to be used only on crops which respond to molybdenum. Crops high in molybdenum are toxic to grazing animals (ruminants).

History

Statutory Authority: Chapter 15.54 RCW. WSR 87-19-097 (Order 1952), § 16-200-711, filed 9/17/87.

Wash. Admin. Code § 16-200-715 Fertilizer labels.

The following information, in the format presented, is the minimum information required for all fertilizer labels. For packaged products, this information shall either appear on the front or back of the package; or occupy at least the upper-third side of the package; or be printed on a tag and attached to the package. This information shall be in a readable and conspicuous form. For bulk products, this same information in written or printed form shall accompany delivery and be supplied to the purchaser at time of delivery.

(1) Net weight.

(2) Brand.

(3) Grade (provided that the grade shall not be required when no primary nutrients are claimed.)

(4) Guaranteed analysis*

| | Total Nitrogen (N)** . . . . ___% | | --- | --- | | | ___% ammoniacal nitrogen | | | ___% nitrate nitrogen | | | ___% water insoluble nitrogen | | | ___% urea nitrogen | | | ___% (other recognized and determined forms of N) | | | Available Phosphoric Acid (P2O5) . . . . ___% | | | Soluble Potash (K2O) . . . . ___% | | | (Other nutrients, elemental basis)*** . . . . ___% |

(5) Sources of nutrients guaranteed on the label shall be listed below the completed guaranteed analysis statement.

(6) Name and address of registrant.

(7) At a minimum, one of the following label statements:

(a) "Information received by the Washington state department of agriculture regarding the components in this product is available on the internet at http://agr.wa.gov."

Through June 30, 2006, you may use the following label statement: "Information received by the Washington state department of agriculture regarding the components in this product is available on the internet at http://www.wa.gov/agr/."

(b) "Information regarding the contents and levels of metals in this product is available on the internet at http://agr.wa.gov."

Through June 30, 2006, you may use the following label statement: "Information regarding the contents and levels of metals in this product is available on the internet at http://www.wa.gov/agr/."

(c) "Information regarding the contents and levels of metals in this product is available on the internet at http://www.regulatory-info-xx.com."

Each registrant must substitute a unique alphanumeric identifier for "xx." This statement may be used only if the registrant establishes and maintains the internet site and the internet site meets the following criteria:

(i) There is no advertising or company-specific information on the site; and

(ii) There is a clearly visible, direct hyperlink to the department's internet site specified in (a) and (b) of this subsection.

(d) "Information regarding the contents and levels of metals in this product is available on the internet at: "http://www.aapfco.org/metals.htm."

Note: The department's Uniform Resource Locator (URL) changed in 2003, thus requiring a revision to the labeling statements required in subsection (7)(a) and (b) of this section. (The new URL is "http://agr.wa.gov." The old URL was "http://www.wa.gov/agr.") In order for companies to deplete existing stocks and revise labels, the department will allow either URL to be referenced on labels distributed through June 30, 2006. During this "phase-in" period, the department will maintain a redirect link to ensure that people are directed to the appropriate website when they enter the old URL. Beginning July 1, 2006, all labels distributed in Washington using the statement in subsection (7)(a) or (b) of this section must include the new URL.

| * | Zero guarantees shall not be made and shall not appear in the statement. | | --- | --- | | ** | If chemical forms of nitrogen are claimed or required, the form shall be shown and the percentages of the individual forms shall add up to the total nitrogen percentage. | | *** | As prescribed by WAC 16-200-711. |

History

Statutory Authority: Chapters 15.54 and 34.05 RCW. WSR 03-24-053, § 16-200-715, filed 12/1/03, effective 1/1/04. Statutory Authority: Chapter 15.54 RCW. WSR 87-19-097 (Order 1952), § 16-200-715, filed 9/17/87.

Wash. Admin. Code § 16-200-721 Slowly released plant nutrients.

(1) No fertilizer label shall bear a statement that connotes or implies that certain plant nutrients contained in a fertilizer are released slowly over a period of time, unless the nutrient or nutrients are identified and guaranteed.

(2) Types of products with slow release properties recognized are:

(a) Water insoluble (nitrogen products only), such as natural organics, ureaform materials, urea-formaldehyde products, IBDU, oxamide, etc.;

(b) Coated slow release, such as sulfur coated urea and other encapsulated soluble fertilizers;

(c) Occluded slow release, where fertilizers or fertilizer materials are mixed with waxes, resins, or other inert materials and formed into particles; and

(d) Products containing water soluble nitrogen such as ureaform materials, urea-formaldehyde products, methylenediurea (MDU), dimethylenetriurea (DMTU), dicyanodianide (DCD), etc.

(3) The terms "water insoluble," "coated slow release," "slow release," "controlled release," "slowly available water soluble," and "occluded slow release" are accepted as descriptive of the products listed in subsection (2) of this section; however the registrant can show a testing program substantiating the claim (testing under guidance of experiment station personnel or a recognized reputable researcher acceptable to the director). A laboratory procedure, acceptable to the director for evaluating the release characteristics of the product(s) shall also be provided by the registrant upon request.

(4) When the nitrogen is organic, it shall be established that if a label states the amount of organic nitrogen present in a phrase, such as "nitrogen in organic form equivalent to X% N," then the water insoluble nitrogen guarantee shall not be less than sixty percent of the nitrogen so designated. For example: If the total nitrogen guarantee for a fertilizer is ten percent and the label states "Nitrogen in organic form equivalent to 2.5% N" then the water insoluble nitrogen guarantee shall not be less than 1.5% (2.5% x 0.6 = 1.5%).

(5) When a slowly released nutrient is less than fifteen percent of the guarantee for either total nitrogen (N), available phosphoric acid (P2O5), or soluble potash (K2O), as appropriate, the label shall bear no reference to such designations.

(6) AOAC method 2.074 (13th Edition), or as designated in subsequent editions, shall be used to confirm the coated slow release and occluded slow release nutrients and others whose slow release characteristics depend on particle size. AOAC method 2.072 (13th Edition) or as designated in subsequent editions, shall be used to determine the water insoluble nitrogen of organic materials.

History

Statutory Authority: Chapter 15.54 RCW. WSR 87-19-097 (Order 1952), § 16-200-721, filed 9/17/87.

Wash. Admin. Code § 16-200-725 Commercial fertilizer definitions.

Except as the director designates otherwise in specific cases, the names and definitions for commercial fertilizers shall be those adopted by the Association of American Plant Food Control Officials.

History

Statutory Authority: Chapter 15.54 RCW. WSR 87-19-097 (Order 1952), § 16-200-725, filed 9/17/87.

Wash. Admin. Code § 16-200-731 Commercial value of plant nutrients.

The commercial values used in assessing penalties for plant nutrient deficiencies are as follows:

| (1) | Fertilizer Materials | Commercial | Value | ($/Unit) | | --- | --- | --- | --- | --- | | | N | P205 | K20 | | | Urea | 4.20 | | | | | Ammonium Nitrate (33.5% -34% N) | 4.75 | | | | | Ammonium Sulfate | 3.27 | | | | | Ammonium Phosphate: 16-20-0 18-46-0 11-52-0 11-55-0 | 5.61 4.81 4.68 4.63 | 5.61 4.81 4.68 4.63 | | | | Triple Superphosphate (45%-46% P205) | | 5.25 | | | | Muriate of Potash (60%-62% K20) | | | 2.17 | | | Potassium Sulfate (50%-53% K20) | | | 6.64 | | | Sulfate of Potash-Magnesia | | | 8.20 | | | Anhydrous Ammonia (82% N) | 3.00 | | | | | Urea ammonium nitrate (32-0-0) | 4.62 | | | | | Aqua Ammonia (20-0-0) | 3.00 | | | | | Ammonium Thiosulfate (12-0-0) | 5.00 | | | | | Ammonium Polyphosphate (10-34-0) | 6.00 | 6.10 | | |

If the commercial value of any of the fertilizer materials listed above varies by more than 10% of the actual invoice value of the lot sampled, the registrant may request that the invoice be used in determining the commercial value of the fertilizer. The request must be accompanied by a copy of the invoice.

| (2) | Relative values for macronutrients: | Commercial | Value | ($/Unit) | | | | --- | --- | --- | --- | --- | --- | --- | | | N | P205 | K20 | | | | | Dry blend nonspecialty fertilizer (not listed in (1) above) | 4.48 | | 5.16 | | 2.74 | | | Liquid blend nonspecialty fertilizer (not listed in (1) above) | 3.93 | | 5.96 | | 2.74 | | | Dry blend specialty fertilizer | 18.96 | | 18.96 | | 18.96 | | | Liquid blend specialty fertilizer | 18.96 | | 18.96 | | 18.96 | |

(3) Values used for determining and assessing penalties for secondary and minor plant nutrients shall be determined from the sales invoice.

History

Statutory Authority: Chapter 15.54 RCW. WSR 87-19-097 (Order 1952), § 16-200-731, filed 9/17/87.

Wash. Admin. Code § 16-200-735 Breakdown of plant food elements within the guaranteed analysis.

When a plant nutrient guarantee is broken down into the component forms, the percentage for each component shall be shown before the name of the form. For example: 4% Nitrate Nitrogen.

History

Statutory Authority: Chapter 15.54 RCW. WSR 87-19-097 (Order 1952), § 16-200-735, filed 9/17/87.

Wash. Admin. Code § 16-200-739 Brand name.

The addition of another prominent name or design to a registered brand (other than descriptive words associated with the grade) shall constitute a new and different brand. For example: Blue Bird 5-10-10 vs. John Doe Blue Bird 5-10-10.

History

Statutory Authority: Chapter 15.54 RCW. WSR 87-19-097 (Order 1952), § 16-200-739, filed 9/17/87.

Wash. Admin. Code § 16-200-7401 Statement of purpose—Penalty assignment.

For the purpose of fair, uniform determination of penalty as set forth in WAC 16-200-7401 through 16-200-7407, the director hereby declares:

(1) Regulatory action is necessary to deter violations of the Fertilizer Regulation Act and rules adopted under it, and to educate persons about the consequences of such violation(s); and

(2) Any regulatory action taken by the department against any person who violates the provisions of chapter 15.54 RCW and/or rules adopted under it shall be commensurate with the seriousness of the violation under the circumstances; and

(3) Each person shall be treated fairly in accordance with the rules set forth in this chapter and in adherence with the Administrative Procedure Act (chapter 34.05 RCW).

History

Statutory Authority: Chapters 15.54, 34.05 RCW. WSR 03-02-100, § 16-200-7401, filed 1/2/03, effective 2/2/03.

Wash. Admin. Code § 16-200-7402 Definitions—Penalty assignment.

In addition to the definitions set forth in RCW 15.54.270 and WAC 16-200-695, the following shall apply to WAC 16-200-7401 through 16-200-7407.

(1) "Adverse effect(s)" means that the effects resulting from violations of chapter 15.54 RCW or the rules adopted under it actually causes, or creates the possibility of damage or injury to humans, animals, plants, property or the environment, or causes or creates the possibility of a threat to public health.

(2) "Level of violation" means that the alleged violation is a first, second, third, fourth, or more violation(s).

(a) First violation. This means the alleged violator has committed no prior violation within three years of committing the current alleged violation.

(b) Second violation. This means the alleged violator committed one prior violation within three years of committing the current alleged violation.

(c) Third violation. This means the alleged violator committed two prior violations within three years of committing the current alleged violation.

(d) Fourth violation. This means the alleged violator committed three or more prior violations within three years of committing the current alleged violation.

(e) For purposes of calculating the level of violation, prior violations will be measured from the date that a final action was taken by the department and not from the date that the violation(s) occurred.

(3) "Not probable" means that the alleged violator's conduct more likely than not would not have an adverse effect.

(4) "Probable" means that the alleged violator's conduct more likely than not would have an adverse effect.

(5) "Violation" means commission of an act or acts prohibited by chapter 15.54 RCW, and/or rules adopted under it.

(6) "Civil penalty" means a monetary penalty administratively issued by a regulatory agency for noncompliance with state or federal law, or rules. The term does not include any criminal penalty, damage assessment, wages, premiums, taxes owed, interest or late fees on any existing obligation.

(7) "Notice of correction" means a document issued by the department that describes a condition or conduct that is not in compliance with chapter 15.54 RCW, or the rules adopted under it and is not subject to civil penalties as provided for in RCW 43.05.110. A notice of correction is not a formal enforcement action, is not subject to appeal and is a public record.

(8) "Notice of intent" means a document issued by the department that alleges specific violations of chapter 15.54 RCW, or any rules adopted under it. A notice of intent is a formal enforcement document issued with the intent to assess civil penalties to the alleged violator and/or to deny or cancel a license issued under the authority of chapter 15.54 RCW.

History

Statutory Authority: Chapters 15.54, 34.05 RCW. WSR 03-02-100, § 16-200-7402, filed 1/2/03, effective 2/2/03.

Wash. Admin. Code § 16-200-7403 Application of RCW 43.05.100 and 43.05.110—Issuance of a civil penalty without first issuing a notice of correction.

(1) Pursuant to RCW 43.05.100, a notice of correction may be issued by the department when they become aware of conditions and/or conduct that are not in compliance with the applicable laws and rules enforced by the department. The issuance of a notice of correction by the department shall not constitute a previous violation for purposes of WAC 16-200-7402(2), but may, at the discretion of the department, be considered as an aggravating factor for the purposes of WAC 16-200-7404(2).

(2) Prior to issuing a civil penalty for a violation of chapter 15.54 RCW and/or the rules adopted under it, the department shall comply with the requirements of RCW 43.05.110. RCW 43.05.110 allows the department of agriculture to issue a civil penalty provided for by law without first issuing a notice of correction if:

(a) The person has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule or has been given a previous notice of the same or similar type of violation of the same statute or rule; or

(b) Compliance is not achieved by the date established by the department in a previously issued notice of correction, if the department has responded to any request for review of such date by reaffirming the original date or establishing a new date; or

(c) The violation has a probability of placing a person in danger of death or bodily harm, has a probability of causing more than minor environmental harm, or has a probability of causing physical damage to the property of another in an amount exceeding one thousand dollars; or

(d) The violation was committed by a business that employed fifty or more employees on at least one day in each of the preceding twelve months.

History

Statutory Authority: Chapters 15.54, 34.05 RCW. WSR 03-02-100, § 16-200-7403, filed 1/2/03, effective 2/2/03.

Wash. Admin. Code § 16-200-7404 Calculation of a civil penalty.

(1) In the disposition of administrative cases, the department shall use the penalty assignment schedules listed in WAC 16-200-7407 to determine the appropriate penalty. The department shall calculate the appropriate penalty based on the level of violation and the adverse effect(s) or potential adverse effects at the time of the incident(s) giving rise to the violation. The median penalty shall be assessed unless an adjustment is warranted due to aggravating or mitigating factors. The median penalty may be adjusted to a level greater than the maximum penalty listed for the violation in the penalty assignment schedule table, but shall not exceed seven thousand five hundred dollars per violation. The median penalty may be adjusted to a lesser amount due to mitigating factors, but not less than the minimum penalty listed for the violation.

(2) Adjustment of median penalty.

(a) The department reserves the right to increase the civil penalty when certain aggravating factors are present. Such aggravating factors include, but are not limited to:

(i) Situations where the civil penalty assessed is not substantially equivalent to the violator's economic benefit derived from the violation;

(ii) The number of separate alleged violations contained within a single notice of intent;

(iii) The high magnitude of the harm, or potential harm, including quantity and/or degree, to humans, animals, plants, property or the environment caused by the violation(s);

(iv) The similarity of the current alleged violation to previous violations committed within the last three years;

(v) The extent to which the alleged violation is part of a pattern of the same or substantially similar conduct.

(b) The department also reserves the right to decrease the civil penalty when certain mitigating factors are present. Such mitigating factors include, but are not limited to:

(i) Situations involving voluntary disclosure of a violation;

(ii) Situations involving a low magnitude of the harm, or potential harm, including quantity and/or degree, caused by the violation;

(iii) Voluntary taking of remedial measures that will result in increased public protection, or that will result in a decreased likelihood that the violation will be repeated.

(3) The department considers each violation to be a separate and distinct event. When a person has committed multiple violations, the violations are cumulative for purposes of calculating the appropriate civil penalty. The penalties are added together.

(4) Violation(s) committed during the period when a bulk fertilizer distribution license is denied or canceled shall be subject to the maximum civil penalty of seven thousand five hundred dollars and/or cancellation of the bulk fertilizer distribution license for a period of up to five years.

History

Statutory Authority: Chapters 15.54, 34.05 RCW. WSR 03-02-100, § 16-200-7404, filed 1/2/03, effective 2/2/03.

Wash. Admin. Code § 16-200-7405 Denial or cancellation of a bulk fertilizer distribution license.

(1) The department retains the sole discretion to determine when a bulk fertilizer distribution license should be canceled. Cancellation of a license shall be an option for the department in those circumstances where:

(a) The penalty schedule allows for cancellation; and/or

(b) One or more aggravating factors are present.

(2) In circumstances where the department determines cancellation to be appropriate, the period of cancellation shall be determined at the discretion of the department, but in no instance shall exceed five years.

(3) The department may deny an applicant a license when the applicant has committed a violation(s) of chapter 15.54 RCW and/or the rules adopted under that chapter. The duration of denial shall be determined based upon the penalty provisions of this chapter. In circumstances where the department determines denial to be appropriate, the period of denial shall not exceed five years.

(4) Nothing shall prevent the department from denying an applicant a license when the applicant has an outstanding civil penalty owed to the department from a previous violation(s).

History

Statutory Authority: Chapters 15.54, 34.05 RCW. WSR 03-02-100, § 16-200-7405, filed 1/2/03, effective 2/2/03.

Wash. Admin. Code § 16-200-7406 Other dispositions of alleged violations.

Nothing herein shall prevent the department from:

(1) Choosing not to pursue a civil penalty or bulk fertilizer distribution license denial or cancellation.

(2) Issuing a notice of correction in lieu of pursuing a civil penalty, or bulk fertilizer distribution license denial or cancellation.

(4) Referring violations or alleged violations to any federal, state or county authority with jurisdiction over the activities in question.

History

Statutory Authority: Chapters 15.54, 34.05 RCW. WSR 03-02-100, § 16-200-7406, filed 1/2/03, effective 2/2/03.

Wash. Admin. Code § 16-200-7407 Penalty assignment schedule.

This assignment schedule shall be used for violations of chapter 15.54 RCW and rules adopted under it.

| Level of Violation | Adverse Effects Not Probable | Adverse Effects Probable | | | | | | --- | --- | --- | --- | --- | --- | --- | | Minimum | Median | Maximum | Minimum | Median | Maximum | | | First | $400 | $600 | $1000 | $700 | $900 | $1100 | | Second | $700 | $1000 | $2000 | $1200 | $2600 | $4000 and/or license denial or cancellation | | Third | $1400 | $2000 | $4000 | $1600 and/or license denial or cancellation | $4800 and/or license denial or cancellation | $7500 and/or license denial or cancellation | | Fourth or more | $1800 and/or license denial or cancellation | $4000 and/or license denial or cancellation | $6000 and/or license denial or cancellation | $2000 and/or license denial or cancellation | $7500 and/or license denial or cancellation | $7500 and license denial or cancellation |

History

Statutory Authority: Chapters 15.54, 34.05 RCW. WSR 03-02-100, § 16-200-7407, filed 1/2/03, effective 2/2/03.

Chapter 16-201 Fertilizer bulk storage and operational area containment rules.

Wash. Admin. Code § 16-201-010 Definitions.

The definitions set forth in this section shall apply throughout this chapter, unless the context otherwise requires.

(1) "Approved air gap" means a physical separation between the free-flowing end of a water supply pipeline and the overflow rim of an open or nonpressurized receiving vessel. To be an approved air gap, the separation must be at least:

(a) Twice the diameter of the supply piping measured vertically from the overflow rim of the receiving vessel, and in no case be less than one inch, when unaffected by vertical surfaces (sidewalls): or

(b) Three times the diameter of the supply piping, if the horizontal distance between the supply pipe and a vertical surface (sidewall) is less than or equal to three times the diameter of the supply pipe, or if the horizontal distance between the supply pipe and intersecting vertical surfaces (sidewalls) is less than or equal to four times the diameter of the supply pipe and in no case less than one and one-half inches.

(2) "Approved reduced pressure principle backflow prevention assembly (RPBA)" means an RPBA of a make, model and size that is approved by the Washington state department of health.

(3) "Appurtenances" means all valves, pumps, fittings, pipes, hoses and metering devices which are connected to a storage container, or which are used to transfer a material into or out of such storage container.

(4) "Bulk fertilizer" means commercial fertilizer distributed in a nonpackage form such as, but not limited to, tote bags, tanks, trailers, spreader trucks, and railcars.

(5) "Certified engineer" means a licensed professional engineer, registered in the state of Washington in the discipline in which he/she is practicing.

(6) "Commercial fertilizer" means any substance containing one or more recognized plant nutrients and which is used for its plant nutrient content and/or which is designated for use or claimed to have value in promoting plant growth, and shall include limes, gypsum, and manipulated animal and vegetable manures. It shall not include unmanipulated animal and vegetable manures and other products exempted by the department by rule: Provided, That for the purpose of this chapter calcium carbonate (lime) and anhydrous ammonia are exempt: Provided further, That this rule does not apply to materials (including but not limited to compost, biosolids, or municipal sewage sludge), or to products derived therefrom, which are regulated pursuant to the provisions of chapter 70.95 or 70.95J RCW, or rules adopted thereunder.

(7) "Department" means the Washington state department of agriculture.

(8) "Discharge" means a spill, leak, or release, accidental or otherwise, from a storage container, container or appurtenance. It does not include a fully contained transfer of fertilizer made pursuant to sale, storage, distribution or use.

(9) "Dry fertilizer" means fertilizer in solid form.

(10) "Liquid fertilizer" means fertilizer in liquid form, and includes solutions, emulsions, suspensions and slurries. Liquid fertilizer does not include anhydrous ammonia.

(11) "Not technically feasible" means compliance is not physically or technically possible or feasible, and/or compliance cannot be achieved without compromising operational safety, and/or significantly compromising operational access. Monetary cost of compliance alone, shall not be sufficient for the department to determine that compliance is not technically feasible.

(12) "Operational area"means an area or areas at a fertilizer bulk permanent storage facility where fertilizers are transferred, loaded, unloaded, mixed, repackaged, refilled or where fertilizers are cleaned, washed or rinsed from containers or application, handling, storage or transportation equipment.

(13) "Operational area containment" means any structure or system designed and constructed to intercept and contain discharges, including storage container or equipment wash water, rinsates, and rainwater from the operational area(s) of fertilizer bulk storage facilities.

(14) "Permanent storage facility" means a location at which undivided quantities of liquid bulk fertilizer in excess of five hundred U.S. gallons or undivided quantities of dry bulk fertilizer in excess of fifty thousand pounds is held in storage: Provided, That temporary field storage is not considered a permanent storage facility.

(15) "Primary containment" means the storage of liquid or dry bulk fertilizer in storage containers at a permanent storage facility.

(16) "Rinsate" means the liquid generated from the rinsing of any equipment or container that has come in direct contact with any fertilizer, including: Recovered sedimentation, washwater, contaminated precipitation, or other contaminated debris.

(17) "Secondary containment" means a device or structure designed, constructed, and maintained to hold or confine a discharge of a liquid fertilizer from a permanent storage facility.

(18) "Storage container" means a container, including a railcar, nurse tank or other mobile container, that is used or intended for the storage of bulk liquid or dry fertilizer. It does not include a mobile container at a storage facility for less than fifteen days if this storage is incidental to the loading or unloading of a storage container at the bulk fertilizer storage facility. Storage container does not include underground storage containers or surface impoundments such as lined ponds or pits.

(19) "Substantially similar protection" means alternative containment and management practices that prevent or control releases to the environment to the same or similar degree as the protections afforded by full compliance with this chapter.

(20) "Temporary field storage" means a storage container with the capacity to store no more than ten thousand gallons of liquid bulk fertilizer and that is used for the temporary storage of liquid bulk fertilizer during application. Liquid bulk fertilizer application tanks directly attached to an apparatus for the purpose of fertigation are exempt from this chapter.

(21) "Washwater" means the liquid generated from the rinsing of the exterior of any equipment, containers or secondary containment or operational areas which have or may have come in direct contact with any fertilizer.

History

Statutory Authority: Chapters 15.54 and 34.05 RCW. WSR 03-23-130, § 16-201-010, filed 11/19/03, effective 12/20/03. Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-010, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-010, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-020 Secondary containment of liquid bulk fertilizers—General requirements.

Primary storage of bulk liquid fertilizers at a permanent storage facility shall be located within secondary containment designed to prevent the release of discharged fertilizers. Secondary containment shall consist of:

(1) A wall and liner with a sloped floor as provided in WAC 16-201-028 and 16-201-030; or

(2) A prefabricated facility as provided in WAC 16-201-040.

(3) Secondary containment in operation prior to March 1, 1994, which does not have sloped floors shall be exempt from this section: Provided, That upon alteration to the secondary containment or increase of storage volume, the secondary containment shall be brought into full compliance with this section.

History

Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-020, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-020, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-025 Secondary containment of liquid bulk fertilizers—Capacity.

(1) Secondary containment shall contain at least one hundred twenty-five percent of the volume of the largest storage container within the area plus the displacement of all other tanks, appurtenances, and other items within the containment area: Provided, That permanent storage facilities that have tanks of one hundred thousand gallons or greater capacity may use the following method to meet the capacity requirement: Secondary containment shall contain at least one hundred ten percent of the volume of the largest storage container within the area plus the displacement of all other tanks, appurtenances, and other items within the area plus sufficient volume to contain the precipitation from a twenty-five year, twenty-four hour storm event.

(2) If the secondary containment is located indoors or under a roof to prevent accumulation of rainfall, the area shall contain at least one hundred ten percent of the volume of the largest storage container plus the displacement of all other tanks, appurtenances and other items within the containment area.

(3) Secondary containment in operation prior to March 1, 1994, having a capacity of at least one hundred ten percent of the volume of the largest storage container within the area plus the displacement of all other tanks, appurtenances, and other items within the containment area shall be considered to be in compliance with this section: Provided, That upon alteration to the secondary containment or increase of storage container volume the secondary [containment] shall be brought into full compliance with the specific capacity requirement of this section.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.

Wash. Admin. Code § 16-201-028 Secondary containment of liquid bulk fertilizers—Walls and floors.

(1) The secondary containment floor shall slope to one or more liquid tight collection points or sumps that allows spilled or deposited materials to be easily removed.

(2) The walls and floor of secondary containment shall be constructed of steel, poured reinforced concrete, precast concrete modules, solid masonry, or other materials or combination of materials that:

(a) Shall be designed to withstand a full hydrostatic head of any discharged liquid;

(b) Shall have sufficient thickness and chemical resistance to contain a release until it is recovered;

(c) Shall be constructed and maintained to a permeability standard of 1X10-6 cm/sec as determined by ASTM test method D-5084 Measurement of Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter or other test method approved by the department;

(d) Shall have sufficient structural strength to maintain the containment's integrity under normally anticipated loadings;

(e) Shall be chemically compatible with the materials being stored; and

(f) Shall be properly sealed to prevent leakage.

(3) Any piping through the outside walls of secondary containment shall be installed and maintained such that the structural integrity of the wall is preserved and in such a manner as to prevent leaks.

History

Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-028, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-028, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-029 Secondary containment of liquid bulk fertilizer—Earthen walls.

(1) Secondary containment walls constructed of earth shall be allowed at permanent storage facilities when a liner is used: Provided, That only permanent storage facilities having storage containers of one hundred thousand gallons or greater capacity can use clay liners.

(2) Earthen walls shall have a horizontal to vertical slope of at least three to one, unless a steeper slope is consistent with good engineering practice, and shall be packed and protected from erosion.

(3) The top of earthen walls shall be no less than two feet six inches wide.

History

Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-029, filed 11/17/00, effective 12/18/00.

Wash. Admin. Code § 16-201-030 Secondary containment of liquid bulk fertilizers—Lining.

If a liner is required to meet the standards set forth in WAC 16-201-028, then it must be constructed as follows:

(1) Synthetic liners:

(a) Synthetic liners shall be chemically compatible with the materials being stored within the permanent storage facility and have a minimum thickness of thirty mils +/-1 mil. A written confirmation of compatibility and a written estimate of the life of the liner from the manufacturer shall be kept on file at the permanent storage facility or the nearest local office from which the permanent storage facility is administered.

(b) Synthetic liners shall be installed under the supervision of a qualified representative of the manufacturer, a contractor certified by the manufacturer, or a certified engineer. All field constructed seams shall be tested, and repaired if necessary, in accordance with the manufacturer's recommendations.

(2) Permanent storage facilities with storage containers of one hundred thousand gallons or greater may use clay soil liners: Provided, That:

(a) The surface soil shall be sealed, including the berm of an earthen dike, with a sealing agent such as sodium bentonite, attapulgite or a similar clay material[;]

(b) The liner shall be constructed in accordance with reliable civil engineering practices, to achieve a coefficient of permeability not to exceed 1x10-6 cm/sec and shall be maintained at 1x10-5 cm/sec with a thickness of not less than six inches[.][;]

(c) The floor and internal walls of the containment area shall have a protective barrier to prevent desiccation, evaporation, freeze, thaw, or other physical damage.

Wash. Admin. Code § 16-201-031 Secondary containment of liquid bulk fertilizers—Floors and linings—Alternative procedures.

A floor and/or liner need not be installed directly under a storage container having a capacity of one hundred thousand gallons or more which has been constructed on site and put into use prior to March 1, 1994: Provided, That one of the following alternative procedures are complied with, certified to in writing by an official of the company which owns the storage container, and the certificate is filed with the department:

(1) Alternative 1 is as follows:

(a) A second bottom made of steel shall be constructed for the storage container. The second bottom shall be placed over the original bottom and separated from the original bottom by a support medium designed to provide for leak detection between the two bottoms and properly support the new bottom. This support layer may consist of gravel, sand, concrete (grooved to provide leak detection), steel or other grillage, wire mesh, etc. as dictated by good engineering practice.

(b) The original bottom of the storage container shall be tested for leaks before the support layer and second bottom are installed. A record of the test shall be kept on file at the permanent storage facility or at the nearest local office from which the permanent storage facility is administered.

(c) The newly constructed bottom shall be tested for leaks before any liquid fertilizer is stored on the newly constructed bottom. A record of the test shall be kept on file at the permanent storage facility or at the nearest local office from which the permanent storage facility is administered.

(d) There shall be a system to readily detect leaks through the newly constructed bottom into the support layer. Leak tests should be conducted at not more than six-month intervals with a record of such tests to be kept at the permanent storage facility or at the nearest local office from which the permanent storage facility is administered.

(2) Alternative 2 is as follows:

(a) The storage container shall be emptied, cleaned, and tested for leaks. The walls and floor of the storage container shall be tested to assure that welds and thickness of steel plates are sound and adequate to contain the fertilizers. A record of the inspection, test results, and of any repairs made shall be submitted to the department and maintained by the owner or operator.

(b) The interior floor and twelve inches up the wall of the storage container shall be coated with a liner to inhibit corrosion. A record of this procedure shall be submitted to the department and maintained by the owner or operator.

(c) A test for leaks and liner deterioration or metal corrosion shall be conducted every five years thereafter. A record of the test findings and of indicated repairs and maintenance shall be maintained by the owner or operator.

(3) Alternative 3 is as follows:

(a) Monitoring devices shall be installed in angled borings under each storage container. These monitoring devices shall constitute a leak detection system for each storage container in advance of the point at which any leak would reach groundwater.

(b) The number, length, and depth of each boring shall be determined on the basis of site characteristics. The array of monitoring devices under each storage container shall constitute the best practical early warning detection system for storage container leakage.

(c) Each monitoring plan under alternative 3 shall be implemented only upon review and written approval of the department and shall include inspection/monitoring schedules.

History

Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-031, filed 11/17/00, effective 12/18/00.

Wash. Admin. Code § 16-201-040 Secondary containment of liquid bulk fertilizers—Prefabricated facilities.

(1) Prefabricated [secondary containment] shall be composed of a rigid prefabricated basin having both a base and walls constructed of steel or synthetic materials which are resistant to corrosion, puncture or cracking. Materials used in the secondary containment shall be chemically compatible with the products being stored within the secondary containment. A written confirmation of compatibility from the basin manufacturer shall be kept on file at the permanent storage facility or at the nearest local office from which the permanent storage facility is administered.

(2) The prefabricated secondary containment shall be designed and installed to withstand all foreseeable loading conditions, including the tank load and a full hydrostatic head of any discharged liquid. Multiple basins connected to provide the capacity required in WAC 16-201-025 shall be connected in a manner which assures an adequate transfer of discharged liquid between basins.

Wash. Admin. Code § 16-201-050 Secondary containment of liquid bulk fertilizers—Discharge outlets or valves.

Secondary containment, including prefabricated secondary containment, shall not have discharge outlets or valves. Discharge outlets or valves on existing secondary containment shall be sealed. Secondary containments may be interconnected.

History

Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-050, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-050, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-060 Secondary containment of liquid bulk fertilizers—Storage with other material.

(1) No material may be stored within liquid fertilizer secondary containment unless the material is compatible with all other material stored within the secondary containment. For the purposes of this section, compatible means that the materials, when mixed together, will not react in a manner that will cause a human health or environmental hazard.

History

Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-060, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-060, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-070 Secondary containment of liquid bulk fertilizers—Precipitation accumulations.

Precipitation may not be allowed to accumulate in secondary containment to the point where it:

(1) Reduces the capacity of the secondary containment below one hundred ten percent of the volume of the largest storage container within the area plus the displacement of all other storage containers, appurtenances, and other items within the containment area;

(2) Increases corrosion of storage containers or appurtenances; or

(3) Impairs the stability of storage containers.

History

Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-070, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-070, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-080 Secondary containment of liquid bulk fertilizers—Recovery of discharges.

Discharges within secondary containment shall be immediately recovered.

History

Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-080, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-080, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-100 Primary containment of liquid bulk fertilizers—Permanent storage facility.

Permanent storage facility general requirements:

(1) Storage containers and appurtenances shall be constructed, installed and maintained so as to prevent the discharge of liquid fertilizer.

(2) Storage containers and appurtenances shall be constructed of materials which are resistant to corrosion, puncture or cracking.

(3) Materials used in the construction or repair of storage containers and appurtenances may not be of a type which react chemically or electrolytically with stored liquid fertilizer in a way which may weaken the storage container or appurtenances, or create a risk of discharge.

(4) Metals used for valves, fittings and repairs on metal storage containers shall be compatible with the metals used in the construction of the storage container, so that the combination of metals does not cause or increase corrosion which may weaken the storage container or its appurtenances, or create a risk of discharge.

(5) Storage containers and appurtenances shall be designed to handle all operating stresses, taking into account static head, pressure build up from pumps and compressors, and any other mechanical stresses to which the storage containers and appurtenances may be subject in the foreseeable course of operations.

(6) Every fertilizer storage container connection, except a safety relief valve connection, shall be equipped with a manual shut-off valve located on the storage container or at a distance from the storage container dictated by standard engineering practice.

(7) Appurtenances shall be adequately supported to prevent sagging and possible breakage because of gravity and other forces encountered in the ordinary course of operation.

(8) Fertilizer storage containers and appurtenances shall be protected against reasonably foreseeable risks of damage by trucks and other moving vehicles or objects.

(9) Tanks designed as underground storage tanks shall not be used as above ground storage tanks for fertilizer unless they are designed and approved for above ground use or have been inspected and approved by a certified engineer. A record of the inspection and approval shall be maintained as a permanent record.

History

Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-100, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-110 Primary containment of liquid bulk fertilizers—Prohibition against underground storage.

No person shall store liquid bulk fertilizer, fertilizer spills or rinsates in an underground storage container or surface impoundment, such as a lined pond or pit. A watertight catch basin or sump used for the temporary collection of rinsate or runoff from transfer and loading areas is exempt from this section.

History

Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-110, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-110, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-120 Primary containment of liquid bulk fertilizers—Abandoned storage containers.

(1) Storage containers used at a permanent storage facility, or used for temporary field storage to hold liquid bulk fertilizer or fertilizer rinsate are considered abandoned if they have been out of service for more than six consecutive months because of a weakness or leak, or have been out of service for any reason for more than two years without an integrity test having been performed.

(2) Abandoned underground storage containers containing fertilizer which meet the definition of hazardous substance underground storage tank system in chapter 173-360 WAC are subject to the applicable requirements in that chapter.

(3) Abandoned above ground storage containers shall be thoroughly cleaned. All hatches on the storage containers shall be secured and all valves or connections shall be severed or plugged with vents being left functional.

(4) Abandoned storage containers shall be posted with a clearly legible tag with the words "Out of Service."

(5) Abandoned storage containers shall not be allowed to be put back in service on the same site without first installing secondary containment protection.

History

Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-120, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-120, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-130 Primary containment of liquid bulk fertilizers—Anchoring of storage containers.

Storage containers shall be secured, if necessary, to prevent flotation or instability which might occur as a result of liquid accumulations within a secondary containment facility.

History

Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-130, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-130, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-140 Primary containment of liquid bulk fertilizers—Filling storage containers.

Storage containers may not be filled beyond the capacity for which they are designed, taking into account the density of the liquid being stored and thermal expansion during storage.

History

Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-140, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-150 Primary containment of liquid bulk fertilizers—Liquid level gauging device.

(1) Every storage container shall be equipped with a liquid level gauging device by which the level of liquid in the storage container can be readily and safely determined.

(2) A liquid level gauging device is not required if the level of fluid in a storage container can be readily and reliably measured by other means.

(3) Liquid level gauging devices shall be secured, in a safe manner, to protect against breakage or vandalism which may result in a discharge.

(4) External sight gauges are prohibited unless they are equipped with an automatic shut-off valve.

History

Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-150, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-160 Primary containment of liquid bulk fertilizers—Security.

All bulk fertilizer storage containers and appurtenances shall be fenced or otherwise secured to provide reasonable protection against vandalism or unauthorized access. Valves on storage containers shall be closed and locked or otherwise secured when left unattended. Locks on end valves shall be considered adequate security for containers and appurtenances. For purposes of this section, unattended means there is no employee on the property for a period of twelve hours or longer.

History

Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-160, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-170 Primary containment of bulk fertilizers—Labeling.

(1) All bulk fertilizer storage containers shall be clearly and conspicuously labeled to identify the contents.

(2) All bulk fertilizer storage containers shall bear a label or placard in accordance with Uniform Fire Code Standard No. 79-3, identifying the material therein.

(3) All bulk fertilizer storage containers used for temporary field storage shall be labeled with the owner's name, the capacity of the tank, and an identifying number. Lettering shall be a minimum of two inches in height and in a color contrasting to the background.

(4) All bulk fertilizer storage containers used for temporary field storage shall have attached, in a weather-proof enclosure, a record of the date the storage container was put in place.

History

Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-170, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-170, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-180 Primary containment of liquid bulk fertilizers—Temporary field storage.

(1) Temporary field storage shall comply with the following sections: WAC 16-201-100, 16-201-110, 16-201-120, 16-201-140, 16-201-150, and 16-201-170.

(2) Temporary field storage shall be inspected for leakage and soundness daily when in use.

(3) Valves on temporary field storage shall be closed and locked or otherwise secured when left unattended.

(4) The physical location and identifying number of all temporary field storage shall be provided to the department upon request.

(5) Once temporary field storage is set in place, it may remain at that location without secondary containment for a maximum of twenty-one consecutive days commencing from the date of placement in any six-month period, after which it must be removed. Upon written request, the department may issue a permit to extend the time temporary field storage may be in one place during any six-month period due to weather related conditions. No advisory group review, pursuant to WAC 16-201-280(2) is available for this type of permit.

History

Statutory Authority: Chapters 15.54 and 34.05 RCW. WSR 03-23-130, § 16-201-180, filed 11/19/03, effective 12/20/03. Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-180, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-180, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-190 Operational area containment of liquid fertilizers—Permanent storage facility.

(1) All operational area activities shall take place on or within operational area containment: Provided, That during the unloading or loading of railcars, marine vessels, or manned trucks when product is unloaded from direct shipments from manufacturers, individual basins or portable storage containers shall be used to recover spillage and leakage from transfer connections and pumps.

(2) Operational area containment shall be designed and constructed to contain fertilizers, rinsates, washwater and other materials spilled or deposited during mixing, loading, unloading, draining, rinsing and washing activities.

(3) The walls and floor of operational area containment shall be constructed of steel, poured reinforced concrete, precast concrete modules, solid masonry, or other materials or combination of materials that:

(a) Are designed to withstand a full hydrostatic head of any discharged liquid;

(b) Have sufficient thickness and chemical resistance to contain a release until it is recovered;

(c) Are constructed and maintained to a permeability standard of 1x10-6 cm/sec as determined by ASTM test method D-5084 Measurement of Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter or other test method approved by the department.

(4) If synthetic materials are used in construction they shall be chemically compatible with the products handled at the site. A written confirmation of compatibility from the manufacturer shall be kept on file at the site or the nearest location from which the site is administered.

(5) Operational area containment shall be constructed to withstand the weight of any vehicles or storage containers which will be on it.

(6) Operational area containment shall be constructed with sufficient surface area, using curbs or other means, to prevent any discharge from leaving the containment area. The operational area containment shall have a capacity of at least fifteen hundred gallons. If no storage container or mobile storage container used at the operational area containment to transfer liquid bulk fertilizers has a capacity of more than one thousand gallons, the operational area containment shall be of adequate size and design to contain one hundred twenty-five percent the capacity of the largest storage container, or mobile storage container used.

(7) Operational area containment shall slope to one or more liquid tight collection points or sumps that allows spilled or deposited materials to be easily recovered.

[(8)] An above ground storage container may be used in conjunction with the operational area containment to meet the capacity requirement. If an above ground storage container is used to meet the capacity requirement, the storage container shall be located within secondary containment. The storage container shall be clearly and conspicuously labeled "fertilizer rinsate."

(9) Any pump used for recovering material from the operational area containment shall be manually activated.

(10) The operational area containment shall not have a discharge outlet or valve. Discharge outlets or valves on existing operational areas shall be sealed. Operational area containments may be interconnected.

Wash. Admin. Code § 16-201-200 Operational area containment of liquid fertilizers—Temporary field storage.

(1) During loading and unloading of liquid bulk fertilizer at temporary field storage locations individual basins or portable storage containers shall be used to recover spillage and leakage from transfer connections and pumps.

(2) Liquid bulk fertilizer storage containers used for temporary field storage shall be located at least one hundred feet from wells and surface water except, for purposes of this section, irrigation water flowing directly to a field, or on a field, is not considered surface water unless the water could be carried beyond the field being irrigated.

History

Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-200, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-200, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-210 Dry bulk fertilizer storage and handling.

(1) Dry bulk fertilizer shall be stored inside a structure or device having a roof or cover, sidewalls, and a base sufficiently impermeable to prevent contact with precipitation and surface water; or

(2) If dry bulk fertilizer is stored outdoors, it shall be placed on a ground cover sufficiently impermeable to prevent seepage or runoff and shall be completely covered with a tarpaulin or other suitable covering to prevent contact with precipitation and surface water.

(3) All loading, unloading, mixing and handling of dry bulk fertilizer at the storage facility shall be conducted on a surface of a size and design that will allow for the collection of spilled materials.

(4) Operational areas shall be cleaned to prevent accumulation of dry bulk fertilizer spilled during loading and unloading.

History

Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-210, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-220 Backflow prevention.

(1) When piping within secondary containment or an operational area is directly connected to a water source such as a well or public water system, an approved air gap or an approved reduced pressure principle backflow prevention assembly (RPBA) shall be installed to protect the water source. Approved air gaps and approved RPBA's shall be installed, operated, inspected and/or tested and maintained per WAC 246-290-490

(2) Approved RPBA's shall be inspected and tested by a Washington State Department of Health certified backflow assembly tester, and approved air gaps shall be inspected by a Washington State Department of Health certified backflow assembly tester or cross-connection control specialist:

(a) At the time of installation, alteration or relocation, and

(b) At least on an annual schedule thereafter.

History

Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-220, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-220, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-230 Fertilizer spill and rinsate management.

(1) Fertilizer spills within secondary containment or operational area containment shall be immediately recovered.

(2) Fertilizer rinsate shall be removed from secondary containment and operational area containment as necessary to ensure the capacity of the containment area does not fall below the levels required by this chapter. [Rinsate] accumulations collected in an operational area water-tight sump shall not exceed the capacity of the sump at the end of the business day.

(3) Fertilizer spills or rinsates shall not be released to the environment unless the material is applied at normal fertilizer rates, used in fertilizer blends, used in a fertilizer manufacturing process, or disposed of properly.

(4) Recovered spills or rinsates in excess of 500 gallons must be contained in a storage container within secondary containment. The storage container must be clearly and conspicuously labeled to identify the content.

Wash. Admin. Code § 16-201-240 Maintenance and inspection.

(1) The operator of a fertilizer bulk storage facility shall inspect and maintain storage containers, appurtenances, secondary containment and operational area containment to minimize the risk of a fertilizer release.

(2) The inspection shall include a visual observation for any evidence of leaks, spills, cracks, solar decay or wear. Pressure testing may be used in lieu of visual observation for leaks in liquid bulk fertilizer facilities.

For the purpose of this section, "pressure testing" means a test sufficient to determine the presence or absence of a leak within the appurtenances of a liquid bulk fertilizer storage facility. Such pressure testing must be conducted at a pressure rate exceeding the standard operating pressure of the liquid bulk fertilizer storage facility, and must be conducted in accordance with standards established for the materials of the appurtenances, if such standards have been established.

(3) Maintenance of the fertilizer bulk storage facilities shall be performed as needed to ensure that the integrity of the bulk fertilizer storage containers, secondary containment and operational area containment is maintained.

(4) Bulk fertilizer storage containers and appurtenances shall be inspected at least once per month when in use. Secondary containment and operational area containment shall be inspected at least once per month when in use.

(5) All secondary and operational area containment shall be maintained free of debris and foreign matter.

(6) A written record of all inspections and maintenance shall be made on the day of the inspection or maintenance and kept at the storage site or at the nearest local office from which the storage site is administered.

(7) Inspection records shall contain the name of the person making the inspection, the date of the inspection, conditions noted and maintenance performed.

History

Statutory Authority: RCW 15.54.800 and chapter 34.05 RCW. WSR 20-03-111, § 16-201-240, filed 1/15/20, effective 2/15/20. Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-240, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-240, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-250 Recordkeeping requirements.

Records required by this section and documents necessary to ensure compliance with this chapter shall be made available for inspection and copying by the department. The following records shall be maintained at permanent storage facilities or at the nearest local office from which the permanent storage facility is administered.

(1) A record of construction materials and methods of construction to show compliance with WAC 16-201-025, 16-201-028, 16-201-030, 16-201-040, 16-201-050, and 16-201-190. These records shall be maintained as permanent records.

(2) A record of the method(s) used to use or dispose of product or contaminated materials recovered from discharges outside secondary or operational area containment. This record applies only to discharges required to be reported to the Washington state department of ecology by the Washington state Dangerous waste regulations, chapter 173-303 WAC. These records shall be maintained for a period of at least three years.

(3) Inspection and maintenance records required by WAC 16-201-240. These records shall be maintained for a period of at least three years.

(4) Manufacturer's compatibility statements required by WAC 16-201-030 and 16-201-040. These records shall be maintained as permanent records.

(5) A copy of the permanent storage facility's spill response plan required by WAC 16-201-260. This record shall be maintained as a permanent document.

(6) Records required by WAC 16-201-100(9). These records shall be maintained as permanent records.

(7) Records required by WAC 16-201-220, Backflow prevention.

History

Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-250, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-250, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-260 Spill response plan.

(1) The operator of a permanent storage facility shall prepare a written spill response plan for the permanent storage facility. If all or portions of the information required by the spill response plan have been prepared for plans required by other government agencies, they need not be prepared for this plan: Provided, That the information is readily accessible to emergency responders and department personnel. However, when copies of the plan are distributed, all required information shall be provided.

The plan shall include the following elements:

(a) The identity and telephone numbers of the persons and agencies who are to be contacted in the event of a spill, including persons responsible for the stored fertilizer.

(b) For each fertilizer stored at the permanent storage facility a complete copy of the storage container labeling required in WAC 16-201-170, and the labeling required to accompany sale of the fertilizer under the Washington Commercial Fertilizer Act, chapter 15.54 RCW.

(d) The procedures to be used for controlling and recovering, or otherwise responding to a spill for each type of bulk fertilizer stored at the permanent storage facility.

(e) The procedures to be followed in using or disposing of a recovered spill.

(2) The plan shall be kept current at all times.

(3) A copy of the spill response plan shall be kept readily available for inspection and use at the permanent storage facility or at the nearest local office from which the permanent storage facility is administered and shall be available for inspection and copying by the department.

(4) A copy of the spill response plan shall be provided to the local fire department.

(5) Persons employed at permanent storage facilities shall be trained in spill response procedures pursuant to the spill response plan.

(6) Emergency equipment and supplies. Every permanent storage facility shall have access to pumps and recovery containers which can be used to control and recover spills. Pumps, recovery containers and persons capable of deploying and operating them shall be readily available in an emergency. Pumps and recovery containers may include those operated by a local fire department or other persons: Provided, That the use and availability of the pumps and recovery containers is arranged in advance as part of the spill response plan. Absorbent materials and other equipment suitable for the control and cleanup of smaller spills shall be available at the permanent storage facility. The permanent storage facility shall maintain a list showing the types and locations of clean-up supplies and equipment. The list shall be maintained at the permanent storage facility or the nearest local office from which the facility is administered.

History

Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-260, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-260, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-270 Effective dates.

The requirements of this chapter shall be effective immediately: Provided, That

(1) All permanent storage facilities that have storage containers of one hundred thousand gallons or greater and that were in operation prior to March 1, 1994, shall comply with WAC 16-201-020 through 16-201-080, and 16-201-190 by March 1, 2001;

(2) Storage of bulk fertilizer, fertilizer spills or rinsates shall comply with WAC 16-201-110 within 30 months of the effective date of this rule;

(3) Fertilizer spills or rinsates must be contained in compliance with WAC 16-201-230(4) within 30 months of the effective date of this rule.

History

Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-270, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-270, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-280 Permits.

(1) The department may issue a permit exempting any person from a requirement under this chapter if compliance is not technically feasible in the judgment of the department and the department finds that alternative measures provide substantially similar protection. All information required to prove that substantially similar protection is possible shall be provided to the department by the person requesting the permit.

(2) At the request of the department, advisory group, or permittee, an advisory group appointed by the director shall evaluate and advise the department on any request for permit from this chapter.

History

Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-280, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-280, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-201-290 Penalties.

Any person who fails to comply with any provisions of this chapter shall be subject to imposition of a civil penalty as provided in chapter 15.54 RCW.

History

Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-290, filed 11/2/93, effective 3/1/94.

Chapter 16-202 Application of pesticides and plant nutrients through irrigation systems.

Wash. Admin. Code § 16-202-100 Purpose.

The purpose of this chapter is to establish standards for chemigation and fertigation that are protective of existing and future uses of surface water and groundwater quality.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-100, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-110 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Air gap" means an unobstructed physical separation between the free-flowing discharge end of a water supply and the overflow rim of an open or nonpressurized receiving vessel. The separation must be at least four times the diameter of the supply pipe measured vertically from the overflow rim of the receiving vessel, and in no case be less than 25 mm, or 1-inch.

(2) "Alternative technology" means any device or concept that meets the performance standards contained in this chapter.

(3) "Antipollution safety device" means any equipment or device effectively designed, constructed, and maintained that is used in the event of malfunction or shutdown to prevent backflow of a chemical or treated water into the water supply, or to reduce human exposure or hazard to the environment. Equipment or devices may include, but are not limited to, the irrigation line check valve, vacuum-relief valve, low-pressure drain, inspection port, metering device, chemical injection closure device, and system interlock.

(4) "Application depth" means the amount of irrigation water applied to a given unit area during an irrigation set and is usually expressed in inches or gallons.

(5) "Application season" means the period during which product is injected into an irrigation system for crop protection, plant growth, or soil preparation.

(6) "Application tank" means a product container and appurtenances used for the storage of product that is dedicated for use with and functionally connected to an irrigation system.

(7) "Applicator" means any certified applicator or anyone who is working under the direct supervision of a certified applicator.

(8) "Approved backflow prevention assembly" means a reduced pressure backflow assembly, reduced pressure detector assembly, double check valve detector assembly, or double check valve assembly of a make, model, and size that is approved by the department of health pursuant to WAC 246-290-490.

(9) "Approved reduced pressure backflow assembly or reduced pressure detector assembly" means backflow prevention assemblies of make, model, and size approved by the department of health pursuant to WAC 246-290-490.

(10) "Aquaculture" means the cultivation of water-based plants or animals.

(11) "Backflow" means the reversal of fluid flow due to backpressure or back-siphonage.

(12) "Backflow prevention device" or "backflow safety device" means antipollution safety devices that prevent the flow of water from the irrigation water distribution system back to the water source or to the product source.

(13) "Barometric loop" or "gooseneck" means a raised section of pipe where the bottom of the loop is at least two feet above the highest water emitting device or any portion of the irrigation application system which has a vacuum-relief valve installed on the top of the loop.

(14) "Certified applicator" means any individual who is licensed as a commercial pesticide applicator, commercial pesticide operator, public operator, private-commercial applicator, demonstration and research applicator, or certified private applicator, or any other individual who is certified by the director to use or supervise the use of any pesticide that is classified by the EPA or the director as a pesticide for use in a chemigation application.

(15) "Check valve" means a certified device designed and constructed to provide automatic, quick-acting, and absolute closure that creates and maintains a watertight seal. The device prevents flow in the opposite direction of that desired when operation of the irrigation system or chemical injection unit fails or is shut down.

(16) "Chemical" or "product" means any material intended for chemigation or fertigation, including pesticides, commercial fertilizers, soil amendments, reclaimed water, animal effluents, or system maintenance compounds.

(17) "Chemigation" means the application of any substance or combination of substances intended as a pesticide, plant or crop protectant, or system maintenance compound applied with irrigation water.

(18) "Chemigation operation" means all activities and equipment associated in preparing for, performing, and concluding a chemigation application, which includes, but is not limited to, calibrating, mixing, loading, starting up, operating, monitoring, or shutting down a chemigation system.

(19) "Chemigation system" means the chemical injection system as well as the irrigation water distribution system.

(20) "Commercial fertilizer" means a substance containing one or more recognized plant nutrients and which is used for its plant nutrient content and/or which is designated for use or claimed to have value in promoting plant growth, and shall include limes, gypsum, and manipulated animal and vegetable manures. It shall not include unmanipulated animal and vegetable manures and other products exempted by the department by rule.

(21) "Contact name" means a person or company responsible for placement and operation of an application tank.

(22) "Decommissioned" means rendering an application tank unusable for product containment.

(23) "Deep percolation" means the movement of water downward through the soil profile below a plant's effective rooting zone.

(24) "Department" means the Washington state department of agriculture.

(25) "End gun" means an intermittent, high-volume, water-emitting device located at or near the end of an irrigation application system.

(26) "Environment" means any plant, animal, natural resource, surface water (including underlying sediments), groundwater, drinking water supply, land surface or subsurface strata, or ambient air within the state of Washington or under the jurisdiction of the state of Washington.

(27) "Fertigation" means the application of any commercial fertilizer, nutrient, soil amendment, or reclaimed water with irrigation water intended for plant or soil biota growth and development or for soil conditioning or reclamation.

(28) "Fertigation operation" means all activities and equipment associated in preparing for, performing, and concluding a fertigation application, which includes, but is not limited to, calibrating, mixing, loading, starting up, operating, monitoring, or shutting down a fertigation system.

(29) "Fertigation system" means the chemical injection system as well as the irrigation water distribution system.

(30) "Homemade" means devices not otherwise commercially available for sale or not manufactured for the purpose of commercial sale.

(31) "Hydroponic" means the practice of growing plants in an aqueous solution, moist inert material, or otherwise in the absence of a mineral-based medium.

(32) "Imminent danger" means a threat to human health or the environment that is likely to happen during the current application.

(33) "Injection system" means all components used to supply, deliver, meter, and inject a substance into an irrigation system. This includes devices and components located between and inclusive of the application tank and the point of product discharge into the irrigation water, including components of the system interlock.

(34) "Inspection port" means an orifice or other viewing device from which the low pressure drain and irrigation line check valve may be assessed for proper operation.

(35) "Irrigation application system" means the physical components of an irrigation system that begins at the first water emitting device and ends with the last water emitting or purging device.

(36) "Irrigation season" means that period of time during which supplemental water is applied to aid in plant development, soil conditioning, temperature modification, or other such purposes.

(37) "Irrigation system" means all components used in diverting, supplying, distributing, and applying irrigation water.

(38) "Irrigation water distribution system" means all components inclusive of the irrigation water supply system and the irrigation application system.

(39) "Irrigation water supply system" means the water conveyance system, which begins at the point of diversion from the irrigation water source and ends with the first water emitting device.

(40) "Metering device" means a positive displacement injection pump, venturi device, or gravity feed device capable of being calibrated and used to control chemical placement into the irrigation water distribution system.

(41) "Nonpressurized water delivery system" means a method of irrigation in which water is distributed over the soil surface by gravity flow, such as rill, border, gated pipe, or spigotted pipe.

(42) "Off-site application" means the application or movement of product from the target site.

(43) "Operator" means any individual who has assumed responsibility or is considered principally responsible to ensure that a chemigation or fertigation system functions properly and conforms with the provisions of this chapter.

(44) "Outtake" means an opening that provides a source of untreated water.

(45) "Rinsate" means the liquid produced from the rinsing of any equipment or container that has come in direct contact with any pesticide or system maintenance compound.

(46) "Runoff" means surface water leaving the target site.

(47) "Sensitive area(s)" means schools, parks, dwellings, occupied buildings or structures, public roadways, waters of the state, or other areas in which off-target movement may endanger humans, animals, crops, or the environment.

(48) "Soil amendment" means any organic or inorganic substance, other than a commercial fertilizer as defined in WAC 16-200-695, that is intended to improve the physical characteristics of the soil or to make the growth medium more suitable for the establishment, growth, and production of plants.

(49) "Source water" or "water source" means an aquifer or surface water body, including a stream, stream system, lake, reservoir, or off-farm irrigation water ditch or conveyance system, and any spring water or underground water that is part of or tributary to the surface water body or aquifer.

(50) "System interlock" means the arrangement or interconnection of the irrigation pump or a pressure or flow sensing device with the chemical injection unit or other pumps in such a manner that shutdown of the chemigation injection system will occur in the event of any component malfunction or failure that substantially impacts the application rate.

(51) "Vacuum-relief valve" means a device that automatically relieves or breaks a vacuum, thereby preventing backsiphoning.

(52) "Washwater" means the liquid produced from the rinsing of the exterior of any equipment or containers that have or may have come in direct contact with any pesticide or system maintenance compound.

(53) "Waters of the state" means, but is not limited to, lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, irrigation canals and reservoirs.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-110, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-200 General chemigation requirements.

(1) The certified applicator is responsible for safe application and for the proper operation of the chemigation equipment.

(2) Only pesticides properly labeled for chemigation may be used.

(3) An application system shall be operated in a manner that is consistent with the intent of the pesticide label, state pesticide rules, and this chapter and its provisions.

(4) Prior to use, substituted alternative technology not otherwise specified in this chapter must be evaluated by the department to determine if the provisions of this chapter have been fulfilled.

(5) During a chemigation application, an irrigation system and injection system are considered one unit, and the applicator is responsible for their proper operation.

(6) Only an appropriately licensed certified applicator or a person acting under the direct supervision of a certified applicator may calibrate, load, start up, operate, monitor, or shut down a chemigation system.

(7) All applicable pesticide laws, in addition to those contained in this chapter, pertain to chemigation.

(8) A chemigation system cannot draw water from any water supply unless that supply is protected from contamination. The applicator must verify that backflow cannot occur.

(9) Intentional or unintentional off-site application of pesticides is prohibited.

(10) The application must be continuously observed whenever sensitive areas are at risk of being exposed to drift, runoff, or overspray.

(11) Pesticides cannot be applied with an open surface, gravity irrigation system unless allowed by the product label.

(12) All chemigation systems and system components must allow for visual, physical, and/or manual inspection.

(13) A chemigation system must be flushed out after an application.

(14) All components must be chemically compatible with injected materials, water containing injected materials, and system pressure.

(15) Equipment must be calibrated and maintained in a manner to prevent misapplication or off-site application of any product.

(16) Safety devices and injection equipment must be installed, operated, and maintained in accordance with the manufacturer's specifications, established industry standards, and the rules of this chapter.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-200, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-210 General fertigation requirements.

(1) The fertigation operator is responsible for safe application and for the proper operation of the fertigation equipment.

(2) A fertigation system must be designed, constructed, installed, operated, and maintained in accordance with the provisions of this chapter.

(3) Substituted alternative technology not otherwise identified in this chapter must be evaluated by the department before use to determine if the provisions of this chapter have been fulfilled.

(4) All commercial fertilizers used for fertigation must meet Washington state fertilizer standards. This does not prohibit fertigation systems from being used to apply other products such as reclaimed water, animal effluent, or similar substances provided that the appropriate antipollution devices are present and the provisions of this chapter are met.

(5) During a fertigation application, an irrigation system and injection system are considered one unit, and the applicator is responsible for their proper operation.

(6) All applicable fertilizer laws, in addition to those contained in this chapter, pertain to fertigation.

(7) A fertigation system cannot draw water from any water supply unless that supply is protected from contamination. The fertigation operator must verify that backflow cannot occur.

(8) All fertigation systems and system components must allow for visual, physical, and manual inspection.

(9) A fertigation system must be flushed out and rinsed off after an application.

(10) All components must be chemically compatible with injected materials, water containing injected materials, and system pressure.

(11) Equipment must be calibrated and maintained in a manner to prevent misapplication or off-site application of any product.

(12) Safety devices and injection equipment must be installed, operated, and maintained in accordance with the manufacturer's specifications, established industry standards, and the rules of this chapter.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-210, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-220 Site posting.

(1) The certified applicator must ensure compliance with posting requirements as specified on any pesticide product label.

(2) Posting, if required, for a chemigation operation, must occur no more than 24 hours before the start of a chemigation operation, unless indicated otherwise in rule or by the pesticide label.

(3) Posting must be removed no later than 72 hours after at the conclusion of the restricted reentry interval, unless indicated otherwise in rule or by the pesticide label.

(4) Postings must meet all requirements of the worker protection standard (chapter 16-233 WAC).

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-220, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-230 Recordkeeping.

(1) All persons who apply pesticides by means of an irrigation system shall keep a record of each application.

(2) In addition to the information required in WAC 16-228-1320, the applicator must include the total application depth of irrigation water applied during the chemigation operation as part of the pesticide application record.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-230, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-240 Application tank identification.

(1) An application tank must:

(a) Have the registered pesticide product label or labels (including the EPA registration number(s) and the appropriate EPA establishment number) prominently affixed to the application tank while it contains that pesticide;

(b) List the tank contents, using the industry-accepted identifier for the principal product(s) while it contains a commercial fertilizer;

(d) Display a contact name and telephone number; and

(e) Display an owner-derived numeric or alphanumeric tank identifier.

(2) This information must be visibly recorded and securely affixed to each application tank. The label and distinguishing information shall be designed to remain intact and legible throughout the active use of the container.

(3) Lettering that displays the contact name, telephone number, and tank identifier shall be a minimum of two inches in height and in a color contrasting to the background.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-240, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-250 Application tank placement.

(1) Application tanks shall not be located in an area or placed in such a manner to contaminate water, the environment, sensitive areas, or to endanger human health.

(2) Application tanks shall be positioned down gradient from wellheads, public waterways, off-farm irrigation supply ditches or conveyance systems, or sensitive areas when feasible.

(a) If down gradient placement is not feasible, earthen berms or other structures of sufficient design must be constructed to divert spillage, leakage, or surface flow away from such areas.

(b) An application tank cannot be placed closer than 20 feet from wellheads, public waterways, off-farm irrigation supply ditches or conveyance systems, or sensitive areas.

(c) Mixing or loading activities cannot occur within 20 feet of a sensitive area, wellhead, public waterway, off-farm irrigation supply ditch or conveyance system, and irrigation water source.

(d) Alternative technology that provides substantially equal protection such as a secondary containment facility that complies with the structural design requirements in the secondary and operational area containment rules found in chapter 16-201 WAC (commercial fertilizers) and chapter 16-229 WAC (pesticides) will fulfill the requirements in (a), (b), and (c) of this subsection.

(e) Overflow from an irrigation pond contaminated with product cannot enter a public waterway, off-farm irrigation supply ditch or conveyance system, or sensitive area.

(3) Application tanks must be positioned to prevent leaks, spills, or structural damage.

(a) Application tanks must be placed on a rigid, sound understructure or on stable ground to prevent tippage, spillage, puncturing, or breakage.

(b) Application tanks and the injection system must be protected against reasonably foreseeable risks of damage by implements, trucks or other moving vehicles, or objects.

(4) Application tanks should be sited as close as reasonably possible to the injection point.

(5) Tank outlet ports must be fitted with manual shutoff valves.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-250, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-260 Application tank containment.

Application tanks functionally connected to and dedicated solely for use with a chemigation or fertigation system may be exempt from the secondary and operational area containment rules in chapter 16-201 WAC (commercial fertilizers) and chapter 16-229 WAC (pesticides) when in compliance with the conditions found in this section.

(1) Time-in-place.

(a) Pesticides can remain in an application tank for a period not to exceed 14 days between chemigation applications. If the 14-day period is exceeded, the tank is deemed to be a storage facility and is therefore subject to the secondary and operational area containment rules.

(b) Commercial fertilizers can remain in an application tank for a period not to exceed nine consecutive months during an irrigation or application season. If the nine-month period is exceeded, the tank is deemed a storage facility and is therefore subject to the secondary and operational area containment rules.

(c) An application tank containing product during the nonapplication or nonirrigation season is subject to the secondary and operational area containment rules regardless of tank size.

(d) The application tank must be emptied, cleaned, visually inspected for integrity, and serviced at the end of the irrigation or application season or after nine months, whichever is shorter, and then:

(i) Removed from the site;

(ii) Decommissioned and clearly tagged with the words "out-of-service"; or

(iii) Managed as a permanent storage facility per the requirements in chapter 16-201 WAC (for commercial fertilizers) and chapter 16-229 WAC (for pesticides).

(2) Chemigation tank size.

(a) Tanks with a rated capacity exceeding 2,500 gallons are deemed a permanent storage facility.

(b) Multiple tanks positioned at an injection site with a cumulative capacity exceeding 3,000 gallons are also deemed a permanent storage facility.

(c) Exception for soil fumigation only: Beginning at the time of tank placement, a tank with a rated capacity of 8,000 gallons or less may be placed at an injection site for 14 days or less. However, during the 14-day period, the cumulative quantity of product at an injection site whether in single or multiple tanks cannot exceed 6,5000 gallons. The injection site shall be deemed a permanent storage facility provided, if at any time during the 14-day time-in-place period, the rated capacity of an individual tank exceeds 8,000 gallons or the cumulative quantity at an injection site exceeds 6,500 gallons.

(3) Fertigation tank size.

(a) An application tank with a rated capacity exceeding 6,500 gallons is deemed a permanent storage facility.

(b) Multiple tanks positioned at an injection site cannot exceed 10,000 gallons per application system.

(4) Tank monitoring.

(a) Tanks containing a pesticide must be inspected at the beginning of a chemigation operation and at least daily thereafter or monitored with remote access volumetric measuring devices.

(b) Tanks containing a commercial fertilizer must be inspected at the beginning of each fertigation operation and at least every seven days or monitored with remote access volumetric measuring devices thereafter.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-260, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-270 Rinsate and backflush handling.

(1) Rinsate must be applied at or below label rate to a target site or disposed of properly in accordance with chapter 173-303 WAC.

(2) Contaminated backflush water from a filtration device shall be disposed of in a manner that will not contaminate groundwater or surface water or adversely impact sensitive areas.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-270, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-300 Antipollution safety devices.

(1) All systems must have antipollution safety devices that include a backflow prevention system, metering device, injection device, and system interlock as listed on the pesticide label and contained in this rule.

(2) Antipollution safety devices for chemigation systems must comply with all requirements of the pesticide label.

(3) Antipollution safety devices, when used, must be installed, operated, and maintained in accordance with the device manufacturer's directions.

(4) When alternative antipollution technology or methods are allowed, they must be designed and function in a manner to fulfill the provisions of this chapter.

(5) The operator must be able to demonstrate that alternative antipollution technology provides substantially equal or greater protection than required by the provisions of this chapter.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-300, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-310 Water source backflow prevention.

(1) Backflow prevention to the water source shall be required on all irrigation systems used for chemigation or fertigation.

(2) Backflow prevention devices on equipment used for chemigation or fertigation that connect to any water system intended for human use, including municipal and public water systems, shall have been approved by the Washington department of health per the requirements in WAC 246-290-490. Provided that a physical separation between the equipment and water system in the form of an air gap can be used to protect the water system if no backflow prevention device is used.

(3) Pressurized irrigation system.

(a) At least one irrigation mainline check valve must be correctly installed, properly operated, and adequately maintained to prevent contamination of the water source. The check valve must be located upstream from the injection point. The check valve must be automatic, quick-closing, and capable of forming and maintaining a watertight seal.

(b) An inspection port or a direct access point must be positioned immediately upstream of the check valve to allow visual and manual inspection of the check valve and the low-pressure drain. The inspection port or access point must have a minimum diameter of four inches. If a four-inch inspection port or access point is not feasible, an alternative access system must be devised.

(d) A vacuum-relief valve must be located upstream of the irrigation line check valve, installed at the top of the irrigation pipeline, and adequately sized to prevent backsiphoning. The orifice size must comply with current American Society of Agricultural and Biological Engineers (ASABE) standards.

(e) An automatic low pressure drain or similar mechanism must be placed upstream of the irrigation line check valve and at the lowest point in the bottom of the pipeline. The low-pressure drain must be of adequate size and properly positioned to intercept and purge leakage away from the water source.

(f) Product-treated water cannot be discharged through a water outtake.

(4) Nonpressurized water delivery system.

(a) An open surface water delivery system cannot be used for chemigation unless allowed by the label.

(b) System design must prevent the introduction of treated water into the water source.

(c) Backflow prevention may be achieved with a hydraulic discontinuity in source water flow or by a sufficient hydraulic gradient.

(d) Backflow devices for nonpressurized systems may include a weir box, drop structure, ASAE approved air gap, batch tank, or similar device that can function to prevent backflow into the source water.

(e) Injection must occur downstream from the water diversion point.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-310, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-315 Alternative water source backflow prevention.

(1) System design. If a system's configuration will provide substantially equal or greater protection due to the physical laws of gravity and water hydraulics, components of a backflow prevention system may be waived by the department.

(2) Barometric pipe loop.

(a) Barometric loops can only be used on systems pumping from a surface water source.

(b) The barometric pipe loop must be located in the main water line immediately downstream of the irrigation water pump.

(d) The bottom of the barometric loop apex must be at least 30 inches above the highest water-emitting device or of any portion of the irrigation application system.

(e) The barometric loop must contain a vacuum-relief device at the loop apex that allows air into the pipeline immediately upon loss of pressure. The orifice size must comply with current American Society of Agricultural and Biological Engineers (ASABE) standards.

(f) The chemical injection port must be located downstream of, and at least 30 inches below, the bottom of the pipe loop apex.

(3) The department may recognize authorized U.S. Environmental Protection Agency (USEPA) alternative backflow devices, providing they are as restrictive as the provisions of this chapter.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-315, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-320 Application tank backflow and seepage prevention.

(1) All irrigation and injection systems used for chemigation or fertigation must prevent backflow into the application tank and leakage or siphonage from the application tank through the injection system.

(2) Injection into a pressurized section of an irrigation system must include:

(a) An automatic, quick-acting injection line check valve must be used to prevent leakage from the application tank into irrigation water and to prevent irrigation water from entering the chemical injection line. The injection line check valve must maintain, at a minimum, 10 psi opening (cracking) pressure or adequate opening pressure to prevent gravity flow due to hydraulic head pressure from the application tank. The check valve must be located at the point of product injection into the irrigation water; and

(b) Where siphon action induced by an irrigation system could compromise the cracking (opening) pressure of an injection line check valve, a vacuum-relief valve must be installed in the irrigation line downstream of the injection point. The orifice size must comply with current American Society of Agricultural and Biological Engineers (ASABE) standards.

(3) Injection into nonpressurized (e.g., open surface, gated pipe, or spigotted pipe) portion of irrigation system must include a hydraulic discontinuity in source water flow or a sufficient hydraulic gradient such that chemicals or treated water cannot contaminate the water source. Backflow devices for nonpressurized systems may include a weir box, drop structure, air gap, batch tank, or similar device whose intended function is to prevent backflow into the application tank.

(4) Venturi or other passive injection systems.

(a) If backpressure or back-siphonage can occur, the chemical injection line must contain an automatic, quick-closing check valve. The valve must be located immediately adjacent to the chemical inlet side of the venturi.

(b) If product can potentially siphon or seep into the water supply, the chemical injection line must contain a normally closed solenoid operative valve connected to the system interlock, or a normally closed hydraulically operated valve that opens only when the main water line is adequately pressurized. The valve must be installed adjacent to the product outlet on the application tank.

(c) With a bypass system, as an alternative to (a) and (b) of this subsection, the automatic, quick-closing check valve may be installed in the bypass immediately upstream of the venturi water inlet. In addition, either the normally closed solenoid or the hydraulic solenoid may be installed immediately downstream of the venturi water outlet.

(d) Bypass systems with a booster pump must have the normally closed solenoid interlocked with the source pump for the irrigation system.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-320, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-325 Alternative application tank backflow and seepage prevention.

(1) In lieu of a normally closed solenoid with the injection system:

(a) A normally open valve must be located in the chemical injection line between the application tank and a positive displacement injection pump. The normally open valve must be spring-loaded, and must close upon a vacuum, and open at atmospheric pressure. It must be elevated at least 12 inches above the maximum fluid level in the application tank and must be the highest point in the injection line.

(b) The mechanism described in (a) of this subsection cannot be used in conjunction with a venturi injection system.

(2) In lieu of a 10 psi opening (cracking) pressure check valve.

(a) An automatic, quick-acting, spring-loaded check valve must be attached at or positioned immediately adjacent to the injection point to prevent irrigation water from entering the chemical injection line.

(b) A normally closed solenoid must be installed immediately adjacent to the product outlet on the application tank. If electric, it must be interlocked with the injection pump or, if hydraulic, with the irrigation system.

(c) In place of (b) of this subsection, a normally open valve must be located in the chemical injection line between the application tank and a positive displacement injection pump as described in subsection (1)(a) of this section. This alternative cannot be used with venturi injection systems.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-325, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-330 Metering devices.

(1) Metering devices are required and must be capable of being accurately calibrated, controlling the rate of product injection into irrigation water, and discontinuing product delivery when the predetermined application quantity has been dispensed.

(2) All metering devices must be functionally interlocked with the source irrigation pump or irrigation water distribution system.

(3) Injecting product with a pressurized metering pump.

(a) The metering pump must be of a positive displacement design.

(b) Water-powered injection pumps can only be used when no other power source is available to operate the injection unit.

(c) The metering pump must be interlocked to the irrigation system in the event of an irrigation system malfunction or failure.

(4) Injection into nonpressurized section of an irrigation system.

(a) An open surface water delivery system cannot be used for chemigation unless allowed by the label.

(b) Application rate may be accomplished with an adjustable valve, flow control device, or other metering mechanism as if allowed by the pesticide label.

(c) The metering device must also control application quantity by employing a slide metering device or by placing a predetermined quantity into a batch tank.

(5) Venturi system as a metering device.

(a) A venturi system may be used as a metering device, except where variable pressure may contribute to a variable injection rate.

(b) The chemical injection line must contain either a normally closed, solenoid-operated valve connected to the system interlock or a normally closed hydraulically operated valve that opens only when the main water line is adequately pressurized. The valve must be placed on the intake side of the injection pump, immediately adjacent to the application tank.

(c) The chemical injection line between the application tank and the venturi must contain an automatic, quick-closing check valve to prevent the flow of liquid back toward the application tank. This check valve must be placed immediately adjacent to the venturi chemical inlet.

(d) In bypass systems, the check valve may be installed immediately upstream of the venturi water inlet. Either the normally closed solenoid or hydraulically operated valve may be installed immediately downstream of the venturi water outlet.

(e) If a booster or auxiliary pump is used in conjunction with a venturi system, the normally closed solenoid must be electrically interlocked with the source pump for the irrigation system.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-330, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-335 Alternative metering devices.

(1) A person shall not function as a metering device during a chemigation application.

(2) A person with knowledge of the operation of both the irrigation and injection systems may function as a metering device during fertigation with a nonpressurized irrigation delivery system: Provided that the person remains on-site to continuously monitor the application and is immediately available to terminate the application in the event of any equipment malfunction.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-335, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-340 Product injection equipment.

(1) Pressurized injection or injection into a pressurized portion of an irrigation system.

(a) An injection line check valve must be used whenever injection occurs in a pressurized section of an irrigation system or with a pressurized injection system.

(b) The injection line check valve must inject product directly into the irrigation water and must be installed downstream of the irrigation mainline check valve.

(c) The point of injection into an irrigation system cannot be located within 10 feet of a wellhead, public waterway, off-farm irrigation supply ditch or conveyance system, or sensitive area.

(d) The injection line check valve mechanism must prevent leakage due to hydraulic head pressure from the application tank and must prevent backflow from the irrigation water source into the supply tank. The injection line check valve must maintain, at a minimum, 10 psi opening (cracking) pressure or adequate opening pressure to prevent gravity flow from the application tank into irrigation water.

(e) In instances where siphoning action induced by an irrigation system could compromise the opening (cracking) pressure of an injection line check valve, a vacuum-relief valve must be installed in the irrigation line downstream of the injection point.

(2) Injection into nonpressurized section of an irrigation system.

(a) If injection occurs in a nonpressurized portion of the irrigation system, an air gap or other hydraulic discontinuity must exist between the pressurized or nonpressurized irrigation water source and the point of product injection.

(b) When an air gap is used in conjunction with a public water supply, injection may only occur downstream of the air gap.

(3) Venturi systems.

(a) The chemical injection line must contain either a normally closed solenoid-operated valve connected to the system interlock or a normally closed hydraulically operated valve that opens only when the main water line is adequately pressurized. The valve must be placed on the intake side of the injection pump, immediately adjacent to the application tank.

(b) The chemical injection line between the application tank and the metering device must contain an automatic, quick-closing check valve. The check valve must be placed immediately adjacent to the venturi chemical inlet.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-340, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-345 Alternative product injection equipment.

(1) When utilizing a surface supplied water source, the injection point must occur downstream from the point of diversion.

(2) When utilizing a pressurized water source, the injection point must be located such that product backflow cannot occur.

(3) Injection with barometric loops.

(a) Barometric loops can only be used on systems pumping from a surface water source.

(b) The barometric pipe loop must be located in the water line immediately downstream of the irrigation water pump.

(d) The bottom of the barometric loop apex must be at least 30 inches above the highest water-emitting device or of any portion of the irrigation application system.

(f) The injection point on a barometric loop must be located downstream of and at least 30 inches below the bottom of the barometric pipe loop apex.

(4) Solenoid and check valve.

(a) The chemical injection line must contain either a normally closed solenoid-operated valve connected to the system interlock or a normally closed hydraulically operated valve that opens only when the main water line is adequately pressurized. A normally closed, solenoid-operated valve must be placed on the intake side of the injection pump, immediately adjacent to the application tank.

(b) The chemical injection line between the application tank and the metering device must contain an automatic, quick-closing check valve to prevent the flow of liquid back toward the application tank. The check valve must be placed immediately adjacent to the venturi chemical inlet.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-345, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-350 System interlocks.

(1) A system interlock must automatically shut off the injection system if the irrigation pump stops operating or if variation in water flow adversely affects product injection rate or product distribution uniformity. The operator must be able to demonstrate that backflow cannot occur.

(2) Pressurized injection systems or injection into a pressurized portion of the irrigation system requires either an electrical, hydraulic, or mechanical system interlock device.

(3) When the injection point is at a nonpressurized section of an irrigation water distribution system, an interlock mechanism must discontinue product delivery in the event that water flow is interrupted or sufficiently reduced such that product application is adversely impacted to the target site. Furthermore, treated water cannot enter waters of the state.

(4) With venturi systems.

(a) Booster or auxiliary water pumps must be connected with the system interlock such that when pressure in the mainline changes to the point where product distribution is adversely affected automatic shutoff of product supply will occur.

(b) The supply line must contain either a normally closed solenoid-operated valve connected to the system interlock or a normally closed hydraulically operated valve that opens only when the main water line is adequately pressurized. If a booster or auxiliary pump is used in conjunction with a venturi system, the normally closed solenoid must be electrically interlocked with the source pump for the irrigation system.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-350, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-355 Alternative system interlocks.

(1) A person shall not serve as a human interlock for chemigation equipment.

(2) A person with knowledge of the operation of both the irrigation and injection systems may function as a system interlock during fertigation: Provided that the person remains on-site to continuously monitor the application and is immediately available to terminate the application in the event of any equipment malfunction.

(3) Solenoid and check valve.

(a) The chemical injection line must contain either a normally closed solenoid-operated valve connected to the system interlock or a normally closed hydraulically operated valve that opens only when the main water line is adequately pressurized. A normally closed, solenoid-operated valve must be placed on the intake side of the injection pump, immediately adjacent to the application tank.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-355, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-360 Chemigation monitoring.

(1) A chemigation application must be visually inspected by a certified applicator or someone under their direct supervision at least once during each four-hour period, unless the pesticide label(s) or product characteristics requires a more frequent interval.

(2) The certified applicator is considered principally responsible to ensure that the chemigation system functions properly and conforms with the provisions of this chapter.

(3) A chemigation system capable of being monitored by the certified operator from a remote location shall not require visual inspection every four hours if it is utilizing the following capabilities:

(a) Automatically notifies the certified applicator of the pesticide flow rate at least once every four hours or more frequently when required by the label, location, or product characteristics;

(b) Automatically notifies the certified applicator in the event of any power failure, equipment shutdown, or other fault affecting the chemigation; and

(4) Notwithstanding the provisions of this section, the application must be continuously observed whenever sensitive areas are at risk of being exposed to drift, runoff, or overspray.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-360, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-370 Fertigation monitoring.

(1) A fertigation application must be visually inspected at least once every 24 hours unless product characteristics require a more frequent interval.

(2) A fertigation system capable of being monitored by the operator from a remote location shall not require visual inspection every 24 hours if it is utilizing the following capabilities:

(a) Automatically notifies the operator of the fertilizer flow rate at least once every 24 hours or more frequently as required by the location or product characteristics;

(b) Automatically notifies the operator in the event of any power failure, equipment shutdown, or other fault affecting fertigation; and

(3) Notwithstanding the provisions of this section, a fertigation application must be continuously monitored whenever sensitive areas are at risk of being exposed to drift, runoff, or overspray.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-370, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-400 Penalties.

(1) Any person who fails to comply with any provision of this chapter shall be subject to denial, suspension, or revocation of any license, registration, or permit provided for in RCW 15.54.474, 15.58.260, 15.58.335, 15.58.345, and RCW 17.21.300 and 17.21.315 and/or imposition of a civil penalty as provided therein.

(2) The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter or any rule made pursuant to this chapter in a court of competent jurisdiction of the county in which such violation occurs or is about to occur.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-400, filed 10/31/25, effective 12/1/25.

Wash. Admin. Code § 16-202-410 Other dispositions of alleged violations.

Nothing in this chapter shall prevent the department from:

(1) Choosing not to pursue a civil penalty, license suspension, license revocation, or court action.

(2) Issuing a notice of correction in lieu of pursuing a civil penalty, license suspension, or license revocation.

(3) Issuing a "stop use" order directing the operator to discontinue any violation of this chapter and take such affirmative action as is necessary to comply with this chapter.

(4) Referring violations or alleged violations to any federal, state, or county authority with jurisdiction over the activities in question including, but not limited to, the Environmental Protection Agency (EPA), the Washington department of ecology (ecology), the Washington department of health (health), or criminal prosecutors for criminal dispositions.

History

Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-410, filed 10/31/25, effective 12/1/25.

Chapter 16-213 Miscellaneous agricultural commodity inspection standards.

Wash. Admin. Code § 16-213-200 Buckwheat inspection definitions.

(1) "Buckwheat" means grain which before the removal of dockage consists of fifty percent or more of whole kernels of buckwheat (domestic varieties). The term "buckwheat" in these standards shall not include wild buckwheat.

(2) "Dockage" means all matter other than buckwheat which can be readily removed from a test portion of the original sample by use of the approved device in accordance with the procedures as set down in these standards.

(3) "Foreign material" means all matter other than buckwheat which remains in the sample after the removal of dockage.

(4) "Moisture" means a percentage ascertained by the air oven or by any device and method which gives equivalent results.

(5) "Percentages" means percentages ascertained by weight except in the case of moisture.

(6) "Sample grade buckwheat" means buckwheat which has a commercially objectionable foreign odor; or is musty, sour, heating, or hot; or contains eight or more stones per one thousand grams; or fails to meet the grade requirements of Washington numerical grades, or is otherwise distinctly low quality.

(7) "Stones" means concreted, earthy, or mineral matter or other substances of similar hardness that do not disintegrate readily in water.

(8) "Test weight per bushel" means the weight as determined per Winchester bushel (35.24 liters) or as determined by any device and method which gives equivalent results.

(9) "Type" of buckwheat (large or small) means the result determined by sizing a portion using an 8/64 x 3/4 slotted sieve, and shall be added to and made a part of the grade designation.

(a) The designation shall be "large" when twenty percent or less of the buckwheat passes through an 8/64 x 3/4 slotted sieve.

(b) The designation shall be "small" when more than twenty percent of the buckwheat passes through an 8/64 x 3/4 slotted sieve.

(10) "Weevily" buckwheat shall be buckwheat that is infested with live weevils or other insects injurious to stored buckwheat.

History

Statutory Authority: Chapter 22.09 RCW. WSR 00-08-041, § 16-213-200, filed 3/30/00, effective 4/30/00
WSR 84-06-036 (Order 1812), § 16-213-200, filed 3/2/84.

Wash. Admin. Code § 16-213-210 Procedures.

(1) The determination of dockage shall be on approximately nine hundred seventy-five to one thousand twenty-five grams cut from the representative sample.

(a) The Carter dockage tester shall be set up as follows:

(i) Set the air control at number six;

(ii) Set the feed control at number six;

(iii) Use the number two riddle in the riddle carriage;

(iv) Use no sieve in the top sieve carriage;

(v) Use the number eight sieve in the middle sieve carriage;

(vi) Use the number six sieve in the bottom sieve carriage.

(b) Buckwheat produced in the Pacific Northwest tends to be exceptionally large and dockage cannot be accurately determined using the standard method. For this large northwest buckwheat, the Carter dockage tester shall be set up as follows:

(i) Set the air control at number three;

(ii) Set the feed control at number four;

(iii) Use the number twenty-five riddle in the riddle carriage;

(iv) Use no sieve in the top sieve carriage;

(v) Use the number eight sieve in the middle sieve carriage;

(vi) Use the number six sieve in the bottom sieve carriage.

(i) The material removed from the air collecting pan;

(ii) Material over the number two or twenty-five riddle. If any buckwheat is in this pan, remove and return to dockage free buckwheat;

(iii) Material through the number eight sieve. If by weight, it is fifty percent or more of material other than buckwheat, return all of it to the dockage. If by weight, it is more than fifty percent buckwheat, return all of it to the dockage free buckwheat;

(iv) Material through the number six bottom sieve.

(d) Record the percentage of dockage on the pan ticket. When applicable, the percentage of dockage shall be shown on the inspection certificate. The percentage of dockage when equal to 0.5 percent or more shall be stated in terms of half percent, whole percent, or whole and half percent, whichever is applicable, with other fractions disregarded as shown in the following examples:

0.50 to 0.99 percent is expressed as 0.5 percent;

1.00 to 1.49 percent is expressed as 1.0 percent;

1.50 to 1.99 percent is expressed as 1.5 percent, etc.

(2) The determination of foreign material shall be made on a representative portion of approximately sixty grams cut from the work sample after the removal of dockage. The percentage of foreign material shall be shown on the pan ticket and the inspection certificate to the nearest tenth of a percent.

(3) The determination for moisture shall be made on a representative portion of exactly two hundred fifty grams obtained from the representative sample before the removal of dockage. The percentage of moisture shall be shown on the pan ticket and the inspection certificate in whole and tenths of a percent to the nearest tenth percent.

(4) The determination for distinctly low quality and Washington sample grade factors shall be made on the basis of the lot as a whole and/or a representative portion of approximately one thousand grams cut from the representative sample before the removal of dockage. Distinctly low quality factors shall include:

(a) Animal filth. Buckwheat containing two or more rodent pellets, bird droppings, or an equivalent quantity of other animal filth shall be graded Washington sample grade.

(b) Broken glass. Buckwheat containing two or more pieces of broken glass shall be graded Washington sample grade.

(c) Castor beans. These multicolored bean-like seeds of the castor-oil plant have been found to be highly toxic to animal life. Buckwheat containing three or more castor beans shall be graded Washington sample grade.

(d) Crotalaria. The seeds of crotalaria (crotalaria spp.) are highly toxic to animal life. These seeds can be various colors and are generally "kidney" or "boxing glove" shaped. Buckwheat containing three or more crotalaria seeds shall be graded Washington sample grade.

(e) Unknown foreign substance. Buckwheat containing four or more pieces of an unknown foreign substance shall be graded Washington sample grade. Pelletized material other than feed pellets shall be considered an unknown foreign substance. Feed pellets in buckwheat are considered dockage or foreign material, depending on where they are found during grading.

When buckwheat is found to be Washington sample grade on one or more of these factors, this fact and the reasons therefore shall be shown on the pan ticket and the inspection certificate even though the buckwheat may be Washington sample grade on another factor.

(5) The determination of stones shall be made on a representative portion of approximately one thousand grams of buckwheat after the removal of dockage.

(6) The determination for test weight per bushel shall be made on a representative portion of buckwheat ranging in size from one and one-eighth to one and one-quarter quarts after the removal of dockage. The test weight per bushel of buckwheat, whether or not this factor determines the grade, shall be shown on the pan ticket and the inspection certificate in whole and half pounds. A fraction of a half pound shall be disregarded.

(7) The determination of type shall be made on a representative portion of approximately two hundred fifty grams cut from the work sample after the removal of dockage. One of the following methods may be used:

(a) The mechanical sieving method.

(i) Mount an 8/64 x 3/4 slotted sieve and the bottom pan on the mechanical sieve shaker with the sieve perforations parallel to the direction of the movement. The sample is placed on the sieve and shaken lengthwise of the slots for twenty strokes.

(ii) All the material passing through the sieve shall be weighed and the percentage determined to the nearest tenth of a percent. This percentage shall be shown on the pan ticket and the inspection certificate.

(b) Hand sieving method.

(i) Mount an 8/64 x 3/4 slotted sieve on a bottom pan.

(ii) Place the two hundred fifty gram portion in the center of the pan.

(iii) Hold the sieve level in both hands with elbows close to the body and the sieve perforations parallel to the direction of the movement.

(iv) In a steady motion move the sieve left to right approximately ten inches and then return from right to left.

(v) Repeat the operation twenty times.

(vi) All the material passing through the sieve shall be weighed and the percentage determined to the nearest tenth of a percent. This percentage shall be shown on the pan ticket and the inspection certificate.

(8) The determination for the special grade "weevily" shall be made on the basis of the lot as a whole and/or the representative sample before the removal of dockage. Buckwheat is considered infested and shall be graded weevily when:

(a) The work sample contains one live weevil and any other live insect injurious to stored grain.

(b) The work sample contains one live weevil and the balance of the representative sample contains one live weevil or any other live insect injurious to stored grain.

(c) The work sample, or the work sample and the balance of the representative sample combined, contains no live weevils but does contain five or more other live insects injurious to stored grain.

(d) Two or more live weevils are found in, on or about the lot. When buckwheat is found to be weevily, this fact shall be shown on the pan ticket and on the inspection certificate in accordance with grade designation procedures.

(9) To provide uniform certification the following procedure shall be observed when writing grade designations on pan tickets and inspection certificates:

(a) The word "Washington" preceded by the abbreviation "no." and the numerical grade, or preceded by the words "sample grade," as the case may be, shall be shown first;

(b) The word "large" or "small" shall be shown next;

(d) When applicable, the special grade "weevily" shall be shown next;

(e) When applicable, the word "dockage" together with the percentage thereof.

(10) The following certification requirements are applicable to buckwheat under these standards:

| grade | minimum test weight per bushel (pounds) large small | maximum limit of foreign material | | | --- | --- | --- | --- | | | Pounds | Pounds | Percent | | No. 1 Washington | 45 | 48 | 1.0 | | No. 2 Washington | 43 | 46 | 2.0 | | No. 3 Washington | 40 | 42 | 4.0 |

Sample grade - Buckwheat which has a commercially objectionable foreign odor, or is musty, sour, heating, hot, contains eight or more stones per one thousand grams, or is otherwise distinctly low quality shall be graded Washington sample grade buckwheat with the inspector's notation as to quality and condition.

History

Statutory Authority: Chapter 22.09 RCW. WSR 86-20-050 (Order 1908), § 16-213-210, filed 9/29/86
WSR 84-06-036 (Order 1812), § 16-213-210, filed 3/2/84.

Wash. Admin. Code § 16-213-260 Cracked corn, corn screenings, and mixed grain screenings inspection definitions.

(1) "Cracked corn" is a byproduct of the elevating, transporting, or cleaning of corn. Cracked corn is the entire corn kernel, broken, ground, or fractured. Cracked corn may contain incidental whole kernels of corn. Cracked corn may be "yellow" or "white" if one color constitutes ninety percent or more of the mixture. Cracked corn may not contain more than four percent of admixture (foreign material).

(2) "Corn screenings" is a byproduct of the elevating, transporting, or cleaning of corn. Corn screenings is the entire corn kernel, broken, ground, or fractured. Corn screenings may contain incidental whole kernels of corn. Corn screenings must consist of seventy percent or more of corn, whole and broken, and may contain not more than thirty percent of admixture.

(3) "Mixed grain screenings" is a byproduct of the elevating, transporting, or cleaning of grain. Grain screenings is the entire grain kernel, broken, ground, or fractured. Mixed grain screenings may contain incidental whole kernels of grain. Mixed grain screenings must consist of seventy percent or more of whole, light, and broken kernels of wheat, barley, oats, corn, rye, flaxseed, sorghum, triticale, soybeans, or wild oats in combination. Mixed grain screenings may contain not more than thirty percent of other foreign material.

(4) "Admixture" in cracked corn or corn screenings means foreign material and standardized grains other than corn.

(5) "Other foreign material" in mixed grain screenings means material other than standardized grains under the United States Grain Standards Act and wild oats.

(6) "Test weight per bushel" means the weight per winchester bushel (35.24 liters) or as determined by any device and method which gives equivalent results.

(7) "Moisture" means a percentage ascertained by the air oven method or by any device and method which gives equivalent results.

History

Statutory Authority: Chapter 22.09 RCW. WSR 00-08-041, § 16-213-260, filed 3/30/00, effective 4/30/00
WSR 87-08-030 (Order 1919), § 16-213-260, filed 3/26/87.

Wash. Admin. Code § 16-213-270 Cracked corn, corn screenings, and mixed grain screenings inspection procedures.

(1) The determination of cracked corn, yellow or white in cracked corn, corn screenings or mixed grain screenings shall be made on a representative portion of approximately thirty grams cut from the representative sample.

(a) In the case of cracked corn and corn screenings, the percentage of admixture shall be determined and recorded on the inspection certificate in whole and tenths of a percent to the nearest tenth of a percent.

(b) In the case of mixed grain screenings, the percentage of other foreign material shall be determined and recorded on the inspection certificate in whole and tenths of a percent to the nearest tenth of a percent.

(2) The determination for moisture shall be made on a representative portion of the sample of exactly two hundred fifty grams cut from the work sample. The percentage of moisture is determined by using the motomco moisture meter or other device that yields equivalent results. The percentage of moisture shall be recorded on the inspection certificate in whole and tenths of a percent to the nearest tenth of a percent.

(3) The determination of test weight per bushel shall be made on a representative portion of the sample ranging in size from one and one-eighth to one and one-fourth quarts. The test weight per bushel shall be recorded on the inspection certificate in whole and half pounds. A fraction of a half pound shall be disregarded.

(4) The examination of shiplots and combined lots of cracked corn, corn screenings and mixed grain screenings.

(a) When examining a shiplot or combined lot of cracked corn, corn screenings or mixed grain screenings, an individual sublot sample may exceed the limit for admixture in cracked corn and corn screenings and the limit of other foreign material in mixed grain screenings by up to two percent provided that:

(i) The weighted or mathematical average for the lot as a whole is within the prescribed limits of the applicable definition; and

(ii) The preponderance of the lot by weight meets the applicable definition.

(b) The certificate for a lot must show the following:

(i) The term cracked corn, corn screenings or mixed grain screenings.

(ii) The approximate weight of the lot.

(iii) In the case of cracked corn or corn screenings, the percentage of admixture.

(iv) In the case of mixed grain screenings, the percentage of other foreign material.

(v) The presence of sour, musty, or commercially objectionable foreign odors, an unknown foreign substance, live weevils or other live insects injurious to stored grain, glass, rodent pellets or the presence of other factors likely to adversely affect the quality of the cracked corn, corn screenings, or mixed grain screenings shall be noted in remarks on the certificate.

(i) In the case of cracked corn, the terms yellow or white.

(ii) The percentage of moisture.

(iii) The test weight per bushel.

(iv) In remarks, "We certify that cracked corn (or corn screenings) is not residue or waste from food industries. It is corn cracked during transportation or handling."

History

Statutory Authority: Chapter 22.09 RCW. WSR 00-08-041, § 16-213-270, filed 3/30/00, effective 4/30/00
WSR 87-08-030 (Order 1919), § 16-213-270, filed 3/26/87.

Chapter 16-218 Hops—Certification analyses—Fees.

Wash. Admin. Code § 16-218-015 Fees for the certification of hops.

(1) Based upon standards established by the Federal Grain Inspection Service of the United States Department of Agriculture, the Washington state department of agriculture's (department) fees for the certification of hops are:

| Type of Inspection and Other Service | Fee Charged for Inspection and Other Service | | | --- | --- | --- | | (a) | Official lot inspections and certification for baled hops. | $1.81 per bale with a minimum charge of $44.00 per lot for official inspection and grading with certification. | | (b) | Official lot inspection and/or certification for alternative methods of packaging hops, or other services for which no fee has been established. | A contract fee may be negotiated, based on the agency's costs to furnish the services. | | (c) | Submitted sample inspections and certification. | $217.50 for an unofficial sample submitted for grading with certification of a quantity not to exceed 100,000 lbs. of dried hops. | | (d) | Appeal inspections. | The Federal Grain Inspection Service in Portland, Oregon establishes the charges for appeal inspections, and payments for such inspections must be made to them. Department time for sampling, handling and administration regarding appeal inspections will be assessed at the sampler hourly rate. |

(2)(a) Before official sampling of baled hops takes place, each and every bale in a lot of hops must be readily accessible so that:

(i) Each bale can be properly stenciled; and

(ii) Samples can be drawn from the bales selected by the inspector.

(b) Official samples drawn from baled hops must be brought back to the laboratory by the inspector for grading analysis.

(3) The department may perform official lot inspection and/or certification of hops packaged by alternative methods (e.g., hops not baled prior to processing) subject to conditions specified in a written agreement between the department and the person(s) requesting the service.

(4)(a) Submitted samples provided by a grower or dealer for grading analysis must be representative of the lot(s) and the hop material.

(b) Submitted samples must be delivered to the laboratory.

History

Statutory Authority: RCW 22.09.020 and 22.09.790. WSR 21-10-097, § 16-218-015, filed 5/5/21, effective 8/1/21. Statutory Authority: Chapters 22.09 and 34.05 RCW, 2003 1st sp.s. c 25 § 309(2). WSR 05-07-150, § 16-218-015, filed 3/23/05, effective 4/23/05.

Wash. Admin. Code § 16-218-025 Fees for chemical analysis regarding brewing values and additional constituents in raw hops, hop extract, hop pellets and hop powder.

(1) Before official sampling of baled hops takes place, each and every bale in a lot of hops must be readily accessible so that:

(a) Each bale can be properly stenciled (not done for brewing value only sampling); and

(b) Samples can be drawn from the bales selected by the inspector.

(2) Official samples drawn from baled hops must be brought back to the laboratory by the inspector for chemical analysis, simultaneous with grading analysis.

(3) Brewing value samples are obtained from a representative composite of the official samples drawn for grade analysis.

(4) Brewing value samples not sampled simultaneously for grade analysis will be charged at the same fee per bale.

(5) When department personnel officially sample hops, a brewing value certificate will be issued when the chemical analysis is done.

(6)(a) Submitted brewing value samples provided by a grower or dealer for chemical analysis must be representative of the lot(s).

(b) Submitted samples must be delivered to the laboratory.

(7) Submitted brewing value certificates will be issued for submitted samples when the chemical analysis is done.

(8) Department fees for the chemical analyses of officially sampled raw hops are:

| Type of Analyses | Fee | Minimum Fee | | | --- | --- | --- | --- | | (a) | ASBC spectrophotometric with moisture | $0.50 per bale | $50.00 per sample | | (b) | ASBC spectrophotometric/conductometric or EBC conductometric without moisture | $0.44 per bale | $44.00 per sample | | (c) | Mebak, Zurich, Verzele, Ganzlin, or conductometric | $0.87 per bale | $87.00 per sample |

(9) Department fees for chemical analyses of submitted raw hops, hop extract, hop pellets or hop powders are:

| Type of Analyses | Fee | | | | --- | --- | --- | --- | | (a) | ASBC spectrophotometric | $44.00 | | | (b) | ASBC conductometric | $44.00 | | | (c) | EBC conductometric | $44.00 | | | (d) | EBC conductometric (Wollmer, Zurich, Mebak, Verzele, Ganzlin, or Resins (hard or soft)) | $87.00 | | | (e) | H2O | $14.50 | | | (f) | Total oil | $36.00 | | | (g) | Wort test, particle size | $14.50 | |

(10)(a) The department will assess hourly charges for analytical chemistry work if no other fee has been established.

(b) Hourly charges are set by written agreement and shall be based on the costs incurred to conduct the analysis, such as:

• Labor

• Laboratory equipment

• Chemicals and materials

• Administration and overhead.

History

Statutory Authority: RCW 22.09.020 and 22.09.790. WSR 21-10-097, § 16-218-025, filed 5/5/21, effective 8/1/21. Statutory Authority: Chapters 22.09 and 34.05 RCW. WSR 08-17-024, § 16-218-025, filed 8/12/08, effective 9/12/08. Statutory Authority: Chapters 22.09 and 34.05 RCW, 2003 1st sp.s. c 25 § 309(2). WSR 05-07-150, § 16-218-025, filed 3/23/05, effective 4/23/05.

Wash. Admin. Code § 16-218-035 Fees for issuing export certificates for hops and hop products.

The department charges the following fees for issuing certificates related to hops and hop products:

| Type of Certificate | Fee for Each Certificate | | | | --- | --- | --- | --- | | (1) | State phytosanitary certificates | $36.00 | | | (2) | Other certificates attesting to origin, compliance with standards of other states or nations or specifications of contracts, or conditions of production or processing | $29.00 | |

History

Statutory Authority: RCW 22.09.020 and 22.09.790. WSR 21-10-097, § 16-218-035, filed 5/5/21, effective 8/1/21. Statutory Authority: Chapters 22.09 and 34.05 RCW, 2003 1st sp.s. c 25 § 309(2). WSR 05-07-150, § 16-218-035, filed 3/23/05, effective 4/23/05.

Wash. Admin. Code § 16-218-040 Payment of fees and charges.

(1) The department will bill for services rendered.

(2) The fees and charges billed are due to the department within thirty days of the statement date.

(3) If the department does not receive payment within thirty days of the statement date, the department may:

(a) Withhold services until the delinquent account is paid; and

(b) Accept only cash payments for future services rendered.

(4) The department assesses a penalty of twelve percent per annum on all delinquent account balances.

History

Statutory Authority: RCW 22.09.020 and 22.09.790. WSR 21-10-097, § 16-218-040, filed 5/5/21, effective 8/1/21. Statutory Authority: Chapters 22.09 and 34.05 RCW, 2003 1st sp.s. c 25 § 309(2). WSR 05-07-150, § 16-218-040, filed 3/23/05, effective 4/23/05.

Wash. Admin. Code § 16-218-050 Commodity cooperative service agreement fees.

In addition to all other applicable fees, commodity cooperative service agreement fees for commodity inspection services (pulses, hops, and miscellaneous processed commodities), excluding rice, will be assessed at the current percentage rate identified in Federal Grain Inspection Service (FGIS) Directive 9180.74 (Service Fees and Billing Codes, Attachment 4). The assessed fees must exclude travel, mailing expenses, and state and local taxes. Invoices will identify assessed commodity cooperative service agreement fees as separate line items.

History

Statutory Authority: RCW 22.09.020 and 22.09.790. WSR 24-09-070, § 16-218-050, filed 4/16/24, effective 5/17/24.

Chapter 16-228 General pesticide rules.

Wash. Admin. Code § 16-228-1010 Definitions.

The definitions in this section apply throughout this chapter, unless the context requires otherwise:

(1) "Above ground" means situated on the surface of the ground, not to include treatment of below ground tunnels, burrows, and nests.

(2) "Agricultural commodity" means any plant, part of a plant, animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by people or animals.

(3) "Authorized agent" is any individual who is authorized to act on behalf of a certified applicator for the purpose of purchasing pesticides.

(4) "Bait box" for rodenticides is a box constructed of durable metal, wood, plastic, or other treated material. It shall be designed to hold rodent bait securely, allow rodents to enter and leave, and prevent unauthorized individuals and nonpest domestic animals from gaining access to the bait. Baits placed in industrial, commercial, or other areas that are accessible to the public shall be contained in tamper resistant bait boxes. Fragile materials are unacceptable.

(5) "Bait station" may be any location where baits are placed to allow target pests to gain access to the bait.

(6) "Blossoming plants" means:

(a) When there are five or more open blooms per square yard on average in a given field; or

(b) When there are one or more open blooms per tree or vine in an orchard or vineyard; or

(c) When there are five or more open weed blooms per square yard on average for the area being measured for groundcover in orchards or vineyards, fence lines, ditch banks, or field, vineyard, or orchard edges. This definition shall not apply to plants that are not attractive to bees (e.g., lentils, hops, peas (Pisum sp.), pears (second bloom), and potatoes). For the purposes of this definition, "bloom" means a flower head, raceme, or spike with one or more open flowers.

(7) "Bulk fertilizer" is a commercial fertilizer, agricultural mineral, or lime, distributed in nonpackaged form.

(8) "Certified applicator" means any individual who is licensed as a commercial pesticide applicator, commercial pesticide operator, public operator, private-commercial applicator, demonstration and research applicator, private applicator, or any other individual who is certified by the director to use or supervise the use of any pesticide which is classified by the EPA as a restricted use pesticide or by the state as restricted to use by certified applicators only.

(9) "Chemigation" means the application of any substance or combination of substances intended as a pesticide, plant or crop protectant, or a system maintenance compound applied with irrigation water.

(10) "Commercial vineyard" means a parcel of land from which the grape crop is intended to be sold to a processor, or intended to be used for commercial wine making, or intended for the commercial fresh market.

(11) A "complainant" is defined as a person who has requested an inspection of an area in which a pesticide violation is believed to have occurred.

(12) "Complete wood destroying organism inspection" means inspection for the purpose of determining evidence of infestation, damage, or conducive conditions as part of the transfer, exchange, or refinancing of any structure in Washington state. Complete wood destroying organism inspections must also include any wood destroying organism inspection that is conducted as the result of telephone solicitation by an inspector, pest control, or other business, even if the inspection would fall within the definition of a specific wood destroying organism inspection.

(13) "Controlled disposal site" means any place where solid or liquid waste is disposed of, provided that the area has been designated as a disposal site for waste materials by the appropriate jurisdictional agency. The site must be fenced, barricaded, or otherwise enclosed or attended by some person in charge of controlling the access of domestic animals, pets, and unauthorized persons.

(14) "Department" means the Washington state department of agriculture.

(15) "Diluent" means a material, liquid or solid, serving to dilute the pesticide product to the application rate for adequate coverage.

(16) "Director" means the director of the department or a duly authorized representative.

(17) "Dry pesticide" is any granular, pelleted, dust, or wettable powder pesticide.

(18) "EPA" means the United States Environmental Protection Agency.

(19) "EPA restricted use pesticide" means any pesticide classified for restricted use by the administrator, EPA.

(20) "Fertilizer" as included in this chapter means any liquid or dry mixed fertilizer, fertilizer material, specialty fertilizer, agricultural mineral, or lime.

(21) "FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act as amended (61 stat. 163, 7 U.S.C. Sec. 136 net seq.).

(22) "Floor level" means the floor upon which people normally walk, excluding shelves, ledges, overhead beams, tops of stacked materials, surfaces of equipment, or similar places.

(23) "Food service establishment" means any fixed or mobile restaurant; coffee shop; cafeteria; short order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial-feeding establishment; retail grocery; retail food market; retail meat market; retail bakery; private, public, or nonprofit organization routinely serving food; catering kitchen; commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.

(24) "Fumigant" means any pesticide product or combination of products that is a vapor or gas or forms a vapor or gas on application and whose method or pesticidal action is through the gaseous state.

(25) "High volatile esters" are phenoxy hormone-type herbicides with five or less carbon atoms in the ester group, such as, but not limited to, methyl, ethyl, isopropyl, n-butyl, isobutyl, and n-pentyl.

(26) "Highly toxic pesticide" for the purpose of this chapter, means any pesticide that conforms to the criteria in 40 C.F.R. Sec. 156.10 for toxicity Category I due to oral, inhalation, or dermal toxicity.

(27) "Landscape application" means an application of any EPA registered pesticide to any exterior landscape plants found around residential property, commercial properties such as apartments or shopping centers, parks, golf courses, schools including nursery schools and licensed day cares, cemeteries, or similar areas. This definition shall not apply to: (a) Applications made by certified private applicators; (b) mosquito abatement, gypsy moth eradication, or similar wide-area pest control programs sponsored by governmental entities; and (c) commercial pesticide applicators making structural applications.

(28) "Loose bait" means pellet, grain, seed, meal, liquid, or any other form of bait that can be spilled or scattered, including bait packaged in a place pack. Loose bait does not include single-block, paste, or other single-piece types of bait.

(29) "Low volatile esters" are phenoxy hormone-type herbicides with more than five carbon atoms in the ester group.

(30) "Person" is defined as any individual, partnership, association, corporation, or organized group of persons whether incorporated.

(31) A "person aggrieved" by a violation is defined as a person who has reasonable grounds to believe that they have been subjected to harm or an unreasonable risk by such a violation.

(32) "Pollen shedding corn" means that stage of growth when 10 percent or more of the corn plants in any one quarter portion of the field are showing spike anthers.

(33) "Positive identification" means a photo identification document issued by a U.S. government agency or affiliated jurisdiction (states, tribes, territories). Acceptable photo identification documents are a driver's license, passport, military ID card, or immigration green card. Exception: Nonphoto identification documents may be allowed for religious groups that prohibit members from having their picture taken. In this case, two forms of identification are required, one of which must be a government issued document with a signature (e.g., Social Security card). Other nonphoto identification must identify the holder by name and address (e.g., utility bill).

(34) "Private applicator" means a certified applicator who uses or is in direct supervision of the use of any pesticide classified by the EPA or the director as a restricted use pesticide for the purposes of producing any agricultural commodity and for any associated noncrop application on land owned or rented by the private applicator or the applicator's employer or if applied without compensation other than trading of personal services between producers of agricultural commodities on the land of another person.

(35) "Private-commercial applicator" means a certified applicator who uses or supervises the use of any pesticide classified by the EPA or the director as a restricted use pesticide for purposes other than the production of any agricultural commodity on lands owned or rented by the applicator or the applicator's employer.

(36) "Properly secured" means firmly attached and fixed to a floor or other surface so that animals and children cannot overturn the bait box or displace the bait. In the case of liquid baits, the bait container must be firmly attached and fixed to a floor surface only.

(37) "Specific wood destroying organism inspection" means an inspection of a structure for purposes of identifying or verifying evidence of an infestation of wood destroying organisms prior to pest management activities.

(38) "State restricted use pesticide" means any pesticide determined to be a restricted use pesticide by the director under the authority of chapters 17.21 and 15.58 RCW.

(39) "Structural pest inspector" means any individual who performs the service of conducting a complete wood destroying organism inspection or a specific wood destroying organism inspection.

(40) "Unreasonable adverse effects on the environment" means any unreasonable risk to people or the environment considering the economic, social, and environmental costs and benefits of the use of any pesticide, or as otherwise determined by the director.

(41) "Use restricted pesticide" means any pesticide determined by the director to need further state restrictions on use under the authority of chapters 17.21 and 15.58 RCW. This designation does not change federal or state restricted use classifications.

(42) "Waste pesticide" is any pesticide formulation which cannot be used according to label directions in Washington state because of cancellation or suspension of its federal or state registration or deterioration of the product or its label, and any pesticide formulation whose active ingredients are not clearly identifiable because of label deterioration or because the pesticide is not stored in its original container.

History

Statutory Authority: RCW 17.21.030(2) and 15.58.040(2). WSR 25-22-065, s 16-228-1010, filed 10/31/25, effective 1/1/26. Statutory Authority: Chapters 15.58, 17.21, and 34.05 RCW. WSR 10-15-015, § 16-228-1010, filed 7/8/10, effective 8/8/10
WSR 07-11-041A, § 16-228-1010, filed 5/9/07, effective 6/9/07
WSR 03-22-029, § 16-228-1010, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58, 17.21 RCW. WSR 00-22-073, § 16-228-1010, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1010, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1020 What are the rights of complainants?

If an inspection is conducted by the department of an area in which a pesticide violation is believed to have occurred, a complainant shall:

(1) Be promptly provided by the department, with the department's decision, as set forth in the "notice of intent to assess civil penalty and/or deny, suspend, or revoke a license," or in any document issuing a warning or determination of no action. The department will endeavor to provide notice concurrently with the department's service of the document on the alleged violator.

(2) Be entitled, upon written request to the department, to have his or her name protected from disclosure in any communication with persons outside the department and in any record published, released, or made available pursuant to chapter 17.21 RCW: Provided that in any adjudicative proceeding under chapter 34.05 RCW the identity of complainant shall be disclosed to the alleged violator upon written request of the alleged violator.

(3) Be otherwise entitled to those rights of persons aggrieved as set forth in WAC 16-228-1030 except that the complainant shall be provided, automatically without request, a copy of the final department decision.

History

Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1020, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1020, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1030 What are the rights of person aggrieved?

A person aggrieved shall:

(1) Be entitled to be notified promptly of any final action taken by the department concerning an investigation under chapter 17.21 RCW. The department will provide notice at the same time as a service of notice on the violator: Provided that such person has made timely written application to the department requesting such notice. Written application to the department requesting such notice shall be received no later than the date of service of a final order.

(2) Within thirteen calendar days of the date of mailing of a final order to a person aggrieved, the person aggrieved may request in writing that the director reconsider the matter, shall specify in writing why they believe the penalty decision is inappropriate, and the department will serve the request on the violator.

(3) Following the request in writing, the director will reconsider the entire matter including any written statement submitted by any party, and may adjust the penalty decision set forth in the final order if the director finds that the penalty was inappropriate.

(4) If such person is aggrieved by the director's order on reconsiderations, within twenty calendar days of service of the order he or she may request in writing an adjudicative proceeding under chapter 34.05 RCW, shall specify in writing why he or she believes the penalty decision is inappropriate, and the department shall serve the request on the alleged violator. The subject of such proceeding shall be limited to the appropriateness of the penalty decision of the director on reconsideration based on a review of the record as supplemented by any new evidence received by the presiding officer. The alleged violator shall be given notice and an opportunity to participate in the proceeding by the department. The proceeding shall be heard by a presiding officer who has not heard the adjudicative proceeding on the merits against the alleged violator. Chapter 34.05 RCW and chapter 16-08 WAC shall govern the conduct of such proceeding and any review.

(5) Upon the filing of any request for proceeding pursuant to subsection (2) of this section, any final order of the director shall be automatically stayed pending resolution of such request and expiration of any time period for pursuing additional relief. The director shall provide written notice to the alleged violator of any such resolution, thereby reinstituting the rights of the alleged violator to seek further relief.

History

Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1030, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1030, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1040 How soon must the department respond to a complaint?

Upon receipt of a verified report of loss as set forth in RCW 17.21.190 or alleged violation of chapters 17.21 or 15.58 RCW or the accompanying rules, the department shall initiate an investigation. Investigation of a complaint concerning immediate acute pesticide exposure to humans or animals shall be initiated immediately. Other complaint investigations shall be initiated no later than forty-eight hours after receipt of the verified report of loss.

History

Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1040, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58, 17.21 RCW. WSR 00-22-073, § 16-228-1040, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1040, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1100 Basis for penalties.

For the purpose of fair, uniform determination of penalty as set forth in WAC 16-228-1110 through 16-228-1150, the director hereby declares:

(1) Regulatory action is necessary to deter violations of the pesticide laws and rules, and to educate persons about the consequences of such violation(s); and

(2) Any regulatory action taken by the department against any person who violates the provisions of chapter 15.58 or 17.21 RCW, or the rules adopted thereunder shall be commensurate with the seriousness of the violation under the circumstances; and

(3) Each person shall be treated fairly in accordance with the rules set forth in this chapter.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 23-04-041, § 16-228-1100, filed 1/26/23, effective 4/1/23. Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1100, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1100, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1110 Definitions specific to penalties.

In addition to the definitions set forth in RCW 17.21.020, 15.58.030, and WAC 16-228-1010, the following shall apply to WAC 16-228-1100 through 16-228-1150:

(1) "Adverse effect(s)" means that the alleged activity or mishap actually causes or creates the possibility of damage, injury, or a public health threat to, or endangerment of, humans, animals, plants, property, the environment, or beneficial pollinating insects. This term includes circumstances when a wood destroying organism inspection has been performed in a faulty, careless or negligent manner.

(2) "Beneficial pollinating insects" means those insects commonly considered as pollinators. This term does not include any of the following:

(a) Insects in any life stage that are presenting a current harm to humans, animals, plants, property, or the environment;

(b) Insects in any life stage normally considered to be a pest;

(d) Any pollinating insect that may be incidentally adversely affected by any properly licensed public health vector control program as a result of that program's normal operations done in compliance with the law and which operates with reasonable care.

(3) "Civil penalty" means a monetary penalty administratively issued by a regulatory agency for noncompliance with state or federal law, or rules. The term does not include any criminal penalty, damage assessment, wages, premiums, or taxes owed, or interest or late fees on any existing obligation.

(4) "Human exposure" means a pesticide exposure to humans caused by a violation of chapter 15.58 or 17.21 RCW, or the rules adopted thereunder.

(5) "Level of violation" means that the alleged violation is a first, second, third, or more violation(s). For purposes of calculating the level of violation, prior incidences will be measured from the date that a final order or stipulated order resolved the prior violation(s), and not from the date that the incident(s) occurred.

(a) "First violation" means the alleged violator has committed no prior incident resulting in a notice of intent within three years of committing the current alleged violation.

(b) "Second violation" means the alleged violator committed one prior incident resulting in a notice of intent within three years of committing the current alleged violation.

(c) "Third violation" means the alleged violator committed two or more prior incidents resulting in a notice of intent within three years of committing the current alleged violation.

(6) "License in good standing" means an unexpired license that is not currently suspended or revoked by the director.

(7) "Not probable" means that the alleged violator's conduct more likely than not did not or would not have caused an adverse effect.

(8) "Notice of correction" means a document issued by the department that describes a condition or conduct that is not in compliance with chapter 15.58 or 17.21 RCW, or the rules adopted thereunder, but that is not subject to civil penalties as provided for in RCW 43.05.110. A notice of correction is not a formal enforcement action, is not subject to appeal, and is a public record.

(9) "Notice of intent" means a document issued by the department that alleges specific violations of chapter 15.58 or 17.21 RCW, or the rules adopted thereunder. A notice of intent is a formal enforcement document issued with the intent to assess civil penalties to the alleged violator and/or to suspend, deny, or revoke the alleged violator's pesticide license.

(10) "Pesticide exposure" means intentional or unintentional contact with pesticides caused by a violation of chapter 15.58 or 17.21 RCW, or the rules adopted thereunder.

(11) "Probable" means that the alleged violator's conduct more likely than not did or would have caused an adverse effect.

(12) "Revoke" or "revocation" means the termination of a license for violations of chapter 15.58 or 17.21 RCW, or the rules adopted thereunder. The department will not reactivate revoked licenses.

(13) "Suspend" or "suspension" means the abeyance of a license for a specific period of time for violations of chapter 15.58 or 17.21 RCW, or the rules adopted thereunder. The department may reactivate suspended licenses following the period of suspension.

(14) "Unlicensed" means any person or apparatuses that does not hold or has not been issued a license in good standing for an activity where a license is required by chapter 15.58 or 17.21 RCW, or the rules adopted thereunder.

(15) "Violation" means commission of an act or acts prohibited by chapter 15.58 or 17.21 RCW, or the rules adopted thereunder.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 23-04-041, § 16-228-1110, filed 1/26/23, effective 4/1/23. Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1110, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 01-01-058, § 16-228-1110, filed 12/12/00, effective 1/12/01. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1110, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1115 Civil penalty may be issued prior to a notice of correction.

(1) Pursuant to RCW 43.05.100 a notice of correction may be issued by the department when they become aware of conditions or conduct or both that are not in compliance with the applicable laws and rules enforced by the department. The issuance of a notice of correction by the department shall not constitute a previous violation for purposes of WAC 16-228-1110(5), but may, at the discretion of the department, be considered as an aggravating factor for the purposes of WAC 16-228-1120(2).

(2) Prior to issuing a civil penalty for a violation of chapter 15.58 or 17.21 RCW, or the rules adopted thereunder, the department shall comply with the requirements of RCW 43.05.110. RCW 43.05.110 provides that the department of agriculture may issue a civil penalty provided for by law without first issuing a notice of correction if: (a) The person has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule or has been given previous notice of the same or similar type of violation of the same statute or rule; or (b) compliance is not achieved by the date established by the department in a previously issued notice of correction, if the department has responded to any request for review of such date by reaffirming the original date or establishing a new date; (c) the violation has a probability of placing a person in danger of death or bodily harm, has a probability of causing more than minor environmental harm, or has a probability of causing physical damage to the property of another in an amount exceeding $1,000; or (d) the violation was committed by a business that employed 50 or more employees on at least one day in each of the preceding 12 months.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 23-04-041, § 16-228-1115, filed 1/26/23, effective 4/1/23. Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1115, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 01-01-058, § 16-228-1115, filed 12/12/00, effective 1/12/01.

Wash. Admin. Code § 16-228-1120 Calculation of penalties.

(1) For recordkeeping violations described in WAC 16-228-1126, licensing violations described in WAC 16-228-1127, and violations of chapter 16-233 WAC described in WAC 16-228-1128, the department will assess the civil penalty according to the schedule unless circumstances warrant a deviation from the penalty calculation rules as allowed under subsection (5) of this section.

(2) For the penalties assessed under WAC 16-228-1129, the department will select the level of violation and use the appropriate base penalty according to the type of pesticide violation as the starting point for calculating penalties. The base penalty shall be assessed unless either an adjustment is warranted, or there are aggravating or mitigating factors present, or both.

(3) Adjustment of base penalty for violations calculated under WAC 16-228-1129:

(a) The department reserves the right to increase the civil penalty and decrease the licensing action under certain circumstances. Such circumstances include situations where the licensing actions(s) are ineffective as a deterrent and include, but are not limited to:

(i) Violations involving unlicensed or during a license suspension;

(ii) Situations where the civil penalty assessed is not substantially equivalent to the economic benefit derived by the violator from the violation; and

(iii) Where the violation is the result of a business or other management decision(s).

(b) The department may decrease the civil penalty and increase the licensing action in circumstances that demonstrate the ineffectiveness of a civil penalty as a deterrent.

(4) Each violation of chapter 15.58 or 17.21 RCW, or the rules adopted thereunder, are separate and distinct violations. When a person has committed multiple violations in a single incident, each violation is individually and separately subject to the maximum civil penalty of $7,500. Penalties for separate violations related to a single event are added together for the purpose of the notice of intent.

(5) The department may, in its discretion, deviate from the penalty calculation rules adopted in this chapter. The department has complied with these rules if it acknowledges the deviation and states its reasons for deviating from the penalty calculation rules in this chapter, in the notice of intent.

(6) Nothing in this chapter shall prevent the department from:

(a) Adjusting either a licensing action to a level greater than the maximum licensing action listed in any penalty assignment schedule, or a civil penalty to a level greater than the maximum civil penalty listed in any penalty assignment schedule; or

(b) Aggravating either a licensing action or civil penalty, or both, to either a level greater than the maximum licensing action listed in any penalty assignment schedule or a civil penalty to a level greater than the maximum civil penalty in any penalty assignment schedule or both.

(7) When adjusting a penalty, the department may aggravate, mitigate, or proportionally adjust either the civil penalty or the license suspension, or both. Generally, the department will aggravate, mitigate, or proportionally adjust both the civil penalty and the license suspension when the department determines such factors are present; however, the department retains the discretion to aggravate, mitigate, or proportionally adjust a civil penalty without also aggravating, mitigating, or proportionally adjusting the license suspension, and may aggravate, mitigate, or proportionally adjust the license suspension without aggravating, mitigating, or proportionally adjusting the civil penalty. In the event the department aggravates, mitigates, or proportionally adjusts either the civil penalty or the license suspension without aggravating, mitigating, or proportionally adjusting the other, the department will indicate its basis for doing so in the notice of intent.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 23-04-041, § 16-228-1120, filed 1/26/23, effective 4/1/23. Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1120, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 01-01-058, § 16-228-1120, filed 12/12/00, effective 1/12/01. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1120, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1125 Revocation or denial of a license.

(1) The department retains the sole discretion to determine when an individual license should be revoked rather than suspended.

(a) The department may revoke a license when:

(i) The penalty schedule allows for revocation; or

(ii) One or more aggravating factors are present; or

(iii) The circumstances surrounding the violation are such that a suspension of the license will not serve as an adequate deterrent for future conduct.

(b) The department may in its discretion, revoke any or all licenses held by the person when this section permits revocation. Where the circumstances warrant revocation of more than one license held by the person, the department shall explain its reasons for revoking each license in its notice of intent.

(c) In circumstances where the department revokes a license, the department may order that person will not be granted new licensure or new license categories for a period of time. This period of ineligibility for the person to be granted a new license or category shall be determined at the discretion of the department, but shall not exceed five years.

(2) The department may deny an applicant a license when the applicant has committed a violation(s) of chapter 15.58 or 17.21 RCW, or the rules adopted thereunder. The duration of denial shall be determined based upon the penalty provisions of this chapter.

(a) Nothing shall prevent the department from denying an applicant a license when the applicant has an outstanding civil penalty owed to the department from a previous violation(s).

(b) The department may deny an application for a license when that person's license was revoked under subsection (1) of this section or when the department has prohibited a person from being issued a license for a period of time, and that time has not expired.

(3) The department may, at its discretion, suspend a license without also seeking a civil penalty. Such circumstances include, but are not limited to, those incidents where a civil penalty is not available as an appropriate penalty pursuant to RCW 43.05.110. The appropriate period of suspension shall be determined in accordance with the appropriate penalty schedule and the penalty provisions of this chapter.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 23-04-041, § 16-228-1125, filed 1/26/23, effective 4/1/23. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-228-1125, filed 5/9/07, effective 6/9/07
WSR 03-22-029, § 16-228-1125, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 01-01-058, § 16-228-1125, filed 12/12/00, effective 1/12/01.

Wash. Admin. Code § 16-228-1126 Penalties for certain recordkeeping violations.

The department will assess a penalty of $250 for failing to properly record the information required by RCW 17.21.100 (1)(a) through (j), WAC 16-228-1320 (1)(a) through (n), and WAC 16-228-1300 (1) through (8) unless circumstances warrant a deviation as allowed under WAC 16-228-1120(5), or the application of aggravating and mitigating factors as allowed by WAC 16-228-1131. Violations of other subsections of RCW 17.21.100, WAC 16-228-1320 and 16-228-1300 are assessed under WAC 16-228-1129.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 23-04-041, § 16-228-1126, filed 1/26/23, effective 4/1/23.

Wash. Admin. Code § 16-228-1127 Penalties for unlicensed using, handling, applying, distributing, or consulting about pesticides.

(1) Violations committed during the period when an individual's license is suspended shall be subject to the maximum civil penalty of $7,500 or suspension of the license for a period of up to five years, or both.

(2) Violations committed following the revocation of a license, and where the previous licensee has not successfully obtained a new license, shall be subject to the maximum civil penalty of $7,500 or an extension of the time during which the person is ineligible for reissuance of a license, or both. Violations are considered to be "operating without a license" for the purpose of RCW 17.21.320(4).

(3) Penalties for unlicensed use will be assessed according to the penalty assignment schedule in WAC 16-228-1130 Table I. The penalty schedule in WAC 16-228-1130 Table I does not apply to violations described in subsections (1) and (2) of this section.

(4) Nothing herein shall prevent the department from seeking an injunction against persons operating without a license as allowed under RCW 17.21.320(4).

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 23-04-041, § 16-228-1127, filed 1/26/23, effective 4/1/23.

Wash. Admin. Code § 16-228-1128 Penalties for violations of chapter 16-233 WAC—Worker protection standard.

(1) Violations of WAC 16-233-211(1) are assessed under WAC 16-228-1129.

(2) Except for violations described in (1) of this section, violations of chapter 16-233 WAC are assessed in accordance with the penalty assignment schedule in WAC 16-228-1130 Table II.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 23-04-041, § 16-228-1128, filed 1/26/23, effective 4/1/23.

Wash. Admin. Code § 16-228-1129 Penalties for other violations of chapter 15.58 or 17.21 RCW, or the rules adopted thereunder.

(1) This section covers all violations of chapter 15.58 or 17.21 RCW, or the rules adopted thereunder, that do not have a more specific penalty assignment schedule described in WAC 16-228-1126, 16-228-1127, and 16-228-1128.

(2) The penalties in this section will be calculated by selecting the appropriate level of violation, then selecting the appropriate base penalty, and then adjusting the base penalty for aggravating and mitigating factors. The base penalty shall be assessed unless either a deviation is warranted or there are either aggravating or mitigating factors present, or both.

(3) Except as provided in WAC 16-228-1120(5), when penalties are calculated under this section, and the department determines that one or more aggravating factors are present, the department may increase the penalty by a factor of no more than 25 percent of the base penalty for each aggravating factor.

(4) Except as provided in WAC 16-228-1120(5), when penalties are calculated under this section, and the department determines that one or more mitigating factors are present, the department may decrease the penalty by a factor of no more than 25 percent of the base penalty for each mitigating factor.

(5) Violations described in this section are assessed in accordance with the penalty assignment schedule in WAC 16-228-1130 Table III.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 23-04-041, § 16-228-1129, filed 1/26/23, effective 4/1/23.

Wash. Admin. Code § 16-228-1130 Penalty assignment schedules—Tables I, II, and III.

| Table I Licensing Violations | | | | | --- | --- | --- | --- | | Level of Violation | Commercial Applicator Operating Unlicensed | Pesticide Dealer Distributing Restricted Use Pesticides Unlicensed | All Other Violations for Operating Unlicensed | | First | $2,500 | $1,000 | $1,000 | | Second | $5,000 | $2,500 | $2,500 | | Third or more | $7,500 | $5,000 | $5,000 |

| Table II Worker Protection Standard Violations | | | | --- | --- | --- | | Level of Violation | WAC 16-233-021(6) providing emergency assistance. WAC 16-233-201 failure to provide sufficient training to handlers prior to mixing or applying category 1 pesticides, unless handler is exempt from training requirements. WAC 16-233-211 (3) and (4) monitoring handlers applying highly toxic and enclosed space fumigants. WAC 16-233-216 PPE for handlers. WAC 16-233-221 decontamination and eye flush for handlers. WAC 16-233-311 protection of early-entry workers. | All other violations of chapter 16-233 WAC, excluding WAC 16-233-211(1), that warrant a civil penalty | | First | $1,000 | $500 | | Second | $2,000 | $750 | | Third or more | $3,000 | $1,000 |

| Table III Base Penalties | | | | | --- | --- | --- | --- | | Level of Violation | Human Exposure | Adverse Effects Probable (Other than Human Exposure) | Adverse Effects Not Probable | | First | $1,500 and five-day license suspension | $1,000 and four-day license suspension | $300 | | Second | $3,000 and 10-day license suspension, denial, or revocation | $2,000 and eight-day license suspension, denial, or revocation | $600 | | Third or more | $6,000 and 20-day license suspension, denial, or revocation | $4,000 and 16-day license suspension, denial, or revocation | $1,200 and three-day license suspension, denial, or revocation |

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 23-04-041, § 16-228-1130, filed 1/26/23, effective 4/1/23. Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1130, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 01-01-058, § 16-228-1130, filed 12/12/00, effective 1/12/01. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1130, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1131 Aggravating and mitigating factors.

The department may consider the following factors when calculating penalties under WAC 16-228-1130. The department is not required to apply every aggravating or mitigating factor that may be present or relevant to a particular violation, and will only apply those factors that the department determines significantly affect a case or contribute to a particular violation.

(1) Aggravating factors. When calculating penalties under WAC 16-228-1130, the department may consider circumstances that warrant enhancing the penalty above base penalty. Aggravating factors include, but are not limited to, the following:

(a) The number of separate alleged violations contained within a single notice of intent.

(b) The high magnitude of the harm, or potential harm, including either the quantity or degree, or both, to humans, animals, plants, property, or the environment caused by the violation(s).

(i) Number of individuals directly exposed as a result of the violation. The department may aggravate the penalty for each individual exposed.

(ii) Number of individuals reporting verifiable health symptoms to the department or to the state department of health. The department may aggravate the penalty for each individual that reported verifiable symptoms.

(iii) Number of individuals requiring emergency medical treatment. The department may aggravate the penalty for each individual that required emergency medical treatment.

(c) The similarity of the current alleged violation to previous violations committed within the last six years, regardless of whether those violations resulted in notices of correction or notices of intent, and regardless of whether a notice of intent was resolved by a settlement unless otherwise expressly indicated in the agreement.

(d) The extent to which the alleged violation is part of a pattern of the same or substantially similar conduct.

(e) Lack of, or deficiency in, either training or supervision of operator(s), or both, regardless of whether the pesticide(s) applied required direct supervision of uncertified applicators.

(f) High pesticide toxicity. This may be indicated by a product's signal word or words on any pesticide label involved in the offending investigation including, but are not limited to, "Danger/Poison."

(g) One or more pesticides involved in the incident were state or federal restricted use pesticides.

(h) The high degree of visible and accessible damage that was not reported in conjunction with a complete wood destroying organism inspection, when the damage was located in an area that was not allowably excluded from inspection.

(i) The violation involved a careless or negligent operation.

(j) Inappropriate or insufficient equipment safeguards or operation including, but not limited to, the failure to properly calibrate and configure application equipment prior to application.

(k) Extent to which the location of the violation, including near sensitive areas or areas near human population, creates the potential for harm to the environment or human health or safety.

(l) False information provided to the department during an investigation of the violation.

(m) Applicator failed to follow advisory precautionary language on label, which impacted the violation.

(n) Except as exempted in WAC 16-228-1110(2), the violation had a direct adverse effect on bees, honey bees, or other beneficial pollinating insects.

(2) Mitigating factors. When calculating a penalty under WAC 16-228-1130, the department may consider circumstances that warrant reducing the penalty below the base penalty. Mitigating factors include, but are not limited to, the following:

(a) Voluntary disclosure by the violator of a violation.

(b) The low magnitude of the harm, or potential harm, including quantity and/or degree, caused by the violation.

(d) Voluntary taking of remedial measures following the violation that will result in increased public protection or that will result in a decreased likelihood that the violation will be repeated.

(e) Good faith efforts of the violator to comply with the pesticide laws and rules that are applicable to the violation and the application was made in a careful and safe manner.

(f) Violator did not, and could not with exercise of reasonable diligence, have known the risk of the application to safety, human health, or property.

(g) Low toxicity of pesticide involved. This may be indicated by the lack of a label signal word, or the signal word "Caution" on all pesticides involved.

(h) Applicator followed advisory precautionary language on label, which impacted the violation.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 23-04-041, § 16-228-1131, filed 1/26/23, effective 4/1/23.

Wash. Admin. Code § 16-228-1150 Other dispositions of alleged violations that the department may choose.

Nothing herein shall prevent the department from:

(1) Choosing not to pursue a civil penalty, license suspension or license revocation.

(2) Issuing a notice of correction in lieu of pursuing a civil penalty, license suspension or license revocation.

(3) Negotiating settlement(s) of cases on such terms and for such reasons as it deems appropriate. Violation(s) covered by a settlement agreement for a previous violation may be used by the department for the purpose of determining the appropriate penalty for the current alleged violation(s) if not expressly prohibited by the agreement.

(4) Referring violations or alleged violations, to any federal, state or county authority with jurisdiction over the activities in question including, but not limited to, the Environmental Protection Agency (EPA), the Federal Aviation Administration (FAA), or criminal prosecutors for criminal dispositions.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 23-04-041, § 16-228-1150, filed 1/26/23, effective 4/1/23. Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1150, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 01-01-058, § 16-228-1150, filed 12/12/00, effective 1/12/01. Statutory Authority: Chapters 15.58, 17.21 RCW. WSR 00-22-073, § 16-228-1150, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1150, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1200 What are the restrictions on pesticide distribution, transportation, application, storage and disposal?

(1) No person shall handle, transport, store, display, apply, dispose of or distribute pesticides in such a manner as to endanger humans and their environment or to endanger food, feed, or any other product that may be transported, stored, displayed, or distributed with such pesticides. Toxicities of pesticides shall be considered in distribution, storage, handling, and merchandising practices.

(2) Highly toxic pesticides shall not be transported in the same compartment of the vehicle or other equipment together with clothes, food, feed, or any other material intended for consumption by humans or animals. Any vehicle or other equipment shall be inspected by the owner or authorized agent for contamination before reuse. In instances where leakage or spillage has occurred, the shipper of the pesticides shall be immediately notified for instructions concerning the best method to be employed for the removal of the contamination. Vehicles or other equipment which have been contaminated shall not be returned to service until the contamination has been removed.

(3) Pesticide containers shall be secured during transit by use of side or end racks, bracing, chocks, tiedowns, or other means to prevent their sliding, falling, tipping, rolling, or falling off the vehicle with normal vehicle acceleration, deceleration, or change in direction.

(4) Valves shall be tightly closed and manhole covers shall be secured on cargo, portable and permanent tanks used for transporting, storage and application of pesticides, whether tanks are full or empty.

(5) Portable tanks shall be secured to prevent their sliding, falling, tipping, or rolling with normal vehicle acceleration, deceleration, or change in direction. Ends, sidewalls, or doors of van bodies shall not be relied upon for securement.

(6) Pesticides shall not be delivered to a pesticide consignee unless the consignee or authorized agent is present to accept delivery of the pesticides and signs a delivery slip or the pesticides are secured in a proper storage. Signed delivery slips shall be maintained as required by WAC 16-228-1300 for records.

(7) Pesticides shall not be stored and/or displayed over or adjacent to meat or vegetable cases, other human foods, animal feeds, or drugs, or in any manner that may result in contamination of food, feed, or clothing. Pesticides intended for sale or distribution shall only be stored and displayed within an enclosed area of a building or fence and shall not be displayed on sidewalks.

(8) Pesticide dealers shall not sell, offer for sale, or hold for sale highly toxic pesticides in the same department where food for human consumption is displayed or sold. The same "checkstand" or food packaging area may not be used for the distribution of highly toxic pesticides and food for human consumption.

(9) All pesticide incidents involving undesirable impacts on human health shall be reported to the Washington state department of health by the department.

(10) Pesticides in leaking, broken, corroded, or otherwise damaged containers shall not be displayed, offered for sale, or transported and shall be handled or disposed of in a manner that would not contaminate the environment or cause injury to humans and/or animals. Pesticides with obscured, illegible or damaged labels shall not be displayed or offered for sale.

(11) No person shall distribute or sell any pesticide unless it is in the registrant's or the manufacturer's unbroken, immediate container and the registered pesticide label is affixed to the container.

(12) A user of a pesticide may distribute a properly labelled pesticide to another user who is legally entitled to use that pesticide without obtaining a pesticide dealer's license if the exclusive purpose of distributing the pesticide is keeping it from becoming a hazardous waste as defined in chapter 70.105 RCW.

(13) The distribution and use of DDT and DDD shall be prohibited in this state except for uses allowed by the Environmental Protection Agency or the Center for Disease Control of the United States Department of Health and Human Services.

History

Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-228-1200, filed 5/9/07, effective 6/9/07
WSR 03-22-029, § 16-228-1200, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58, 17.21 RCW. WSR 00-22-073, § 16-228-1200, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1200, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1220 What are the restrictions applying to any person holding, handling, using, or disposing of pesticides and their containers?

(1) Any person handling, applying, or disposing of pesticides or pesticide containers shall do so in such a manner to minimize hazard to commercially important pollinating insect species. Due care shall be taken to regulate the timing and technique of pesticide applications to or around blossoming plants and pollen shedding corn. The use or application of microencapsulated methyl parathion, either directly or through drift, shall be prohibited on all blossoming plants and on pollen shedding corn.

(2) No person shall transport, handle, store, load, apply, or dispose of any pesticide, pesticide container or apparatus in such a manner as to pollute water supplies or waterways, or cause damage or injury to land, humans, desirable plants and animals, or wildlife. Provided that a pesticide labeled for aquatic use and used as directed shall not be considered a violation of this subsection: Disposing of pesticides at disposal sites approved by the appropriate agency complies with the requirements of this subsection. Toxicity, volatility, and mobility of pesticides shall be considered in complying with this subsection.

(3) No person shall pollute streams, lakes, and other water supplies in pesticide loading, mixing, and application. Adequate, functioning devices and procedures to prevent backsiphoning shall be used.

(4) No pesticides shall be applied by aircraft or airblast sprayers to property abutting and adjacent to occupied schools in session, hospitals, nursing homes or other similar establishments under conditions that may result in contamination of these establishments or their premises.

(5) No person shall apply pesticides if weather conditions are such that physical drift or volatilization may cause damage to adjacent land, humans, desirable plants or animals.

(6) Requirements for unattended pesticides and their containers:

(a) Good generally accepted housekeeping practices shall be maintained for all pesticides and their containers.

(b) The provisions of (d) and (e) of this subsection and subsection (7) of this section shall not apply to empty pesticide containers when adequately decontaminated (e.g., a minimum of three successive rinsings); and shall not apply to categories 2, 3, and 4 pesticide formulations labeled for home and garden use only.

(c) For the purposes of (d) and (e) of this subsection and subsection (7) of this section, pesticides and their containers at the loading area shall not be considered unattended during the spraying operation if the operator maintains either visual control or repeatedly returns at closely spaced intervals.

(d) Pesticides labeled with the signal word "danger/poison" and their containers shall be stored in one of the following enclosures which, when unattended, shall be so constructed and locked (except (v) below) to prevent children, unauthorized persons, livestock, or other animals from gaining entry.

(i) Closed vehicle.

(ii) Closed trailer.

(iii) Building or room or fenced area with a fence at least six feet high.

(iv) Foot locker or other container which can be locked.

(v) Unattended trucks or trailers which have solid sideracks and secured tailgate at least six feet above ground, ramp or platform level.

(vi) Bulk storage containers fifty gallons and larger with tight screw-type bungs and/or secured or locked valves.

(e) Pesticides labeled with the signal word "danger" when not accompanied by the signal word "poison," pesticides labeled with the signal word "warning" and pesticides labeled with the signal word "caution" and their containers shall be stored in secured storage out of the reach of children in one of the enclosures listed in (d) of this subsection: Provided that metal containers, twenty-eight gallons and larger, with tight screw-type bungs and/or secured or locked valves shall be considered secured storage.

(7) Requirements for posting of storage area for pesticides and their containers labeled with the signal words "danger/poison":

(a) For purposes of this subsection, warning signs shall show the skull and crossbones symbol and the words: "Danger/Poison (or Pesticide or Chemical) Storage Area/Keep Out" in letters large enough to be legible at a distance of thirty feet.

(b) Warning signs shall be posted:

(i) On enclosures specified in subsection (6)(d) of this section, when such enclosures are unattended;

(ii) At each entrance or exit from a storage area and on each exterior wall, so that a sign is visible from any direction;

(iii) If the pesticide storage area is contained in a larger, multipurpose structure, warning signs shall be clearly visible on each exterior wall of the structure within thirty feet of the pesticide storage area and from the main entrance to the larger structure: Provided that posting of the main entrance shall not be required, if a sign is visible from the entrance which clearly identifies the possibility that pesticides may be stored on the premises, (i.e., XYZ Pest Control or XYZ Wood Treatment, Inc.);

(8) No person shall disperse a pesticide or pesticide rinsate from any aircraft while in flight except over the target field and at the customary application height for that crop: Provided that emergency dumping shall not be considered a violation of this section.

History

Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1220, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-22-074, § 16-228-1220, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1220, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1225 What are exceptions to label requirements?

The term "to use any registered pesticide in a manner inconsistent with its labeling" means to use any registered pesticide in a manner not permitted by the labeling, except that the term shall not include:

(1) Applying a pesticide at any dosage, concentration or frequency less than that specified on the labeling unless the labeling specifically prohibits deviation from the specified dosage, concentration or frequency;

(2) Applying a pesticide against any target pest not specified on the labeling if the application is to the crop, animal or site specified on the labeling, unless the department or EPA has required that the labeling specifically state that the pesticide may be used only for the pests specified on the labeling;

(3) Employing any method of application not prohibited by the labeling unless the labeling specifically states that the product may only be applied only by the methods specified on the labeling, (chemigation applications are prohibited unless the label has chemigation use directions); and

(4) Mixing a pesticide or pesticides with a fertilizer when such mixture is not prohibited by the labeling.

History

Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1225, filed 10/28/03, effective 11/28/03.

Wash. Admin. Code § 16-228-1231 State restricted use pesticides for distribution by licensed pesticide dealers and for use by certified applicators only.

(1) Pesticides defined by the following categories or active ingredients are hereby declared state restricted use pesticides and shall be distributed only by licensed pesticide dealers to licensed pesticide dealers, certified applicators, or to their duly authorized agents. The certified applicator must have a valid certification, license, or permit to use or purchase the kind and quantity of such pesticide sold or delivered. These pesticides shall be used or applied only by certified applicators or persons under the direct supervision of a certified applicator, and only for those uses covered by the certified applicator's license category.

(a) Any EPA restricted use pesticide.

(b) All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba when distributed in counties located east of the crest of the Cascade Mountains except as listed below:

(i) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

(ii) Dry formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba labeled and intended only for home and garden use or for turf;

(iii) Ready to use liquid formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba distributed in quantities of five gallons or less. For purposes of this subsection, ready to use means a pesticide that is applied directly from its original container consistent with label directions.

(d) Aquatic pesticides. All pesticides formulations labeled for application onto or into water to control pests on or in water except as provided in subsection (2) of this section.

(2) Pesticides which are not classified as EPA restricted use pesticides and which are labeled and intended only for the following aquatic uses shall be exempt from the requirements of this section:

(a) Swimming pools;

(b) Wholly impounded ornamental pools or fountains;

(d) Closed plumbing and sewage systems;

(e) Enclosed food processing systems;

(f) Air conditioners, humidifiers, and cooling towers;

(g) Industrial heat exchange, air washing and similar industrial systems;

(h) Disinfectants;

(i) Aquatic environments in states other than Washington;

(j) Animal pets;

(k) Use within wholly enclosed structures (with floors) or fumigation chambers. Greenhouses are not considered as wholly enclosed structures for the purposes of this section; and

(l) Home and garden control of mosquito larvae.

(3) Pesticides containing the following active ingredients and their isomers are declared state restricted use pesticides for the protection of groundwater except when labeled and intended only for home and garden use:

Atrazine;

Bromacil;

DCPA;

Disulfoton;

Diuron;

Hexazinone;

Metolachlor;

Metribuzin;

Picloram;

Prometon;

Simazine; and

Tebuthiuron.

(4) Distribution of pesticides bearing combined labeling of uses onto or into water plus nonaquatic general uses, may be made by licensed pesticide dealers to noncertified applicators if the dealer indicates on the sales slip or invoice that the purchaser of the pesticide agrees that it will not be applied into or onto water. If requested by the department, dealers shall furnish records on the sales of pesticides labeled for application onto or into water, whether sold for that use or not. Records shall include the name and address of the purchaser, the complete product name and EPA registration number of the pesticide and the amount purchased. Records shall be kept for seven years from the date of distribution.

(5) Certified applicators may designate authorized agent(s) for the purpose of purchasing or receiving restricted use pesticides by making previous arrangements with the pesticide dealer, or the authorized agent may provide written authorization by the certified applicator to the dealer at the time of purchase. At the time of purchase by an authorized agent the pesticide dealer shall require the certified applicator's name and license number and positive identification of the authorized agent.

(6) Pesticide dealers must positively identify unknown purchasers of restricted use pesticides. Positive identification may be annually at the time of verification of the certified applicator's license number or for each individual purchase if the applicator is unknown to the dealer. Dealers must verify the identification of unknown purchasers of restricted use pesticides for telephone or electronic purchases either by fax (photo identification) or at the time of delivery.

History

Statutory Authority: RCW 17.21.030(2) and 15.58.040(2). WSR 25-22-065, s 16-228-1231, filed 10/31/25, effective 1/1/26. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 14-08-095, § 16-228-1231, filed 4/2/14, effective 5/3/14. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-228-1231, filed 5/9/07, effective 6/9/07
WSR 03-22-029, § 16-228-1231, filed 10/28/03, effective 11/28/03. Statutory Authority: RCW 15.58.040 and chapter 34.05 RCW. WSR 03-05-034, § 16-228-1231, filed 2/11/03, effective 3/14/03. Statutory Authority: Chapters 15.58 and 34.05 RCW. WSR 02-04-041, § 16-228-1231, filed 1/29/02, effective 3/1/02. Statutory Authority: Chapters 15.58, 17.21 RCW. WSR 00-22-073, § 16-228-1231, filed 10/30/00, effective 11/30/00.

Wash. Admin. Code § 16-228-1235 When are pesticides containing the active ingredient clopyralid state restricted use pesticides?

Pesticides containing the active ingredient clopyralid are declared to be state restricted use pesticides when labeled for use on cereal grains, grass used for hay, lawns and turf including golf courses.

History

Statutory Authority: Chapters 15.58, 17.21, and 34.05 RCW. WSR 02-12-017, § 16-228-1235, filed 5/28/02, effective 6/28/02.

Wash. Admin. Code § 16-228-12351 Who can distribute pesticides containing the active ingredient clopyralid?

Only licensed pesticide dealers can distribute pesticides containing the active ingredient clopyralid.

History

Statutory Authority: Chapters 15.58, 17.21, and 34.05 RCW. WSR 02-12-017, § 16-228-12351, filed 5/28/02, effective 6/28/02.

Wash. Admin. Code § 16-228-12352 Distribution and use of pesticides containing the active ingredient clopyralid.

(1) Pesticides containing the active ingredient clopyralid that are labeled for use on cereal grains, grass used for hay, lawns and turf including golf courses can only be sold by licensed dealers to certified applicators or their duly authorized agents. In order to purchase such pesticides, certified applicators or their agents must have a valid certification, license or permit allowing them to use or purchase such pesticides.

(2) Pesticides containing clopyralid and labeled for uses on sites/crops in addition to cereal grains, grass used for hay, lawns and turf including golf courses may be sold by licensed dealers to noncertified applicators if the noncertified applicator signs the sales invoice or sales slip indicating that the pesticide will not be applied to cereal grains, grass used for hay, lawns and turf including golf courses. Noncertified applicators may use pesticides containing clopyralid purchased in this way on labeled sites and crops as long as they are not cereal grains, grass used for hay, lawns and turf including golf courses.

History

Statutory Authority: RCW 17.21.030(2) and 15.58.040(2). WSR 25-22-065, s 16-228-12352, filed 10/31/25, effective 1/1/26. Statutory Authority: Chapters 15.58, 17.21, and 34.05 RCW. WSR 02-12-017, § 16-228-12352, filed 5/28/02, effective 6/28/02.

Wash. Admin. Code § 16-228-1237 What are the restrictions on the use of pesticides containing the active ingredient clopyralid when labeled for use on lawns and turf including golf courses?

In addition to the restrictions placed on the product label, pesticides containing the active ingredient clopyralid cannot be applied to lawns and turf including golf courses without complying with the requirements in WAC 16-228-12371.

History

Statutory Authority: Chapters 15.58, 17.21, and 34.05 RCW. WSR 02-12-017, § 16-228-1237, filed 5/28/02, effective 6/28/02.

Wash. Admin. Code § 16-228-12371 What requirements affect the use of pesticides containing the active ingredient clopyralid on golf courses?

(1) When labeled for use on lawns and turf including golf courses, pesticides containing the active ingredient clopyralid may be applied on golf courses if no grass clippings, leaves or other vegetation are removed from the site and placed in composting facilities that provide product to the public.

(2) Before applying pesticides containing the active ingredient clopyralid on a golf course, the commercial applicator must give written notification to the appropriate grounds keeping personnel that no grass clippings, leaves or other vegetation may be removed from the site and placed in composting facilities that provide product to the public.

History

Statutory Authority: Chapters 15.58, 17.21, and 34.05 RCW. WSR 02-12-017, § 16-228-12371, filed 5/28/02, effective 6/28/02.

Wash. Admin. Code § 16-228-1238 What are the restrictions on application of ziram to Bosc pears?

All dry formulations (such as wettable powders or water dispersible granules) of ziram labeled for use on pears are hereby declared state restricted use pesticides because of dermal effects to persons exposed while working in Bosc pear orchards.

(1) Growers shall observe the Environmental Protection Agency restricted entry interval label requirements following any treatment with dry wettable formulations of ziram before entering or allowing persons to enter pear orchards without personal protective clothing.

(2) Any entry during the restricted entry interval shall follow chapter 16-233 WAC, Worker protection standards, regarding handler, farm worker safety, and early-entry handler requirements.

(3) Growers shall observe an additional fourteen days after an application before entering or allowing workers to enter Bosc pear orchards without personal protective clothing as defined below.

(4) For the purposes of this section, minimum personal protective clothing shall consist of: A long-sleeved shirt; long-legged pants; socks; and chemical resistant gloves.

History

Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1238, filed 10/28/03, effective 11/28/03.

Wash. Admin. Code § 16-228-1250 What are the restrictions on phenoxy herbicides?

(1) The distribution, use and application of all high volatile ester and dust formulations of phenoxy herbicides shall be prohibited throughout the state.

(2) In the areas under order, pesticide dealers shall make available to the purchaser a copy of the rules pertaining to the use of dicamba and/or phenoxy hormone-type herbicides, including 2,4-D and MCPA, in the area in which the material will be applied.

History

Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1250, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1250, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1260 What are the restrictions on the distribution of tributyltin products?

(1) The distribution for use in Washington state of paint, stain, paint additives, or similar products containing any chemical form of tributyltin for use in interiors of inhabited structures (i.e., residences, office buildings, institutions, recreational vehicles, and retail stores) shall be prohibited: Provided that this section shall not apply to specialty products, such as tile grout additives or cooling tower biocides.

(2) No tributyltin-containing paint, stain, paint additives, or similar products as specified in subsection (1) of this section may be registered for distribution unless its label clearly indicates that it shall not be used on interior surfaces of inhabited structures or that it shall be used on exterior surfaces only.

History

Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1260, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1260, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1262 When are pesticides containing the active ingredient thiamethoxam use restricted pesticides?

Pesticides containing the active ingredient thiamethoxam are declared to be use restricted pesticides when labeled for use on pome fruits, including apples and pears.

History

Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-228-1262, filed 5/9/07, effective 6/9/07. Statutory Authority: RCW 15.58.040, 17.21.030, and chapter 34.05 RCW. WSR 03-05-033, § 16-228-1262, filed 2/11/03, effective 3/14/03.

Wash. Admin. Code § 16-228-1264 What are the restrictions on the use of pesticides containing the active ingredient thiamethoxam when labeled for use on pome fruits, including apples and pears?

In addition to the restrictions placed on the product label, pesticides containing the active ingredient thiamethoxam cannot be applied to pome fruits, including apples and pears, without complying with the requirements in WAC 16-228-1266.

History

Statutory Authority: RCW 15.58.040, 17.21.030, and chapter 34.05 RCW. WSR 03-05-033, § 16-228-1264, filed 2/11/03, effective 3/14/03.

Wash. Admin. Code § 16-228-1266 What requirements must I comply with before making an application of a pesticide containing the active ingredient thiamethoxam to pome fruits, including apples and pears?

Before applying thiamethoxam to pome fruits, including apples and pears, you must comply with the following requirements:

(1) For product labeled for use on apples, apply thiamethoxam prior to prebloom (prepink or tight cluster growth stage) or after post bloom (petal fall). Do not apply thiamethoxam between prebloom and petal fall.

(2) For pears, apply thiamethoxam prior to prebloom (green cluster or cluster bud stage) or after post bloom (petal fall). Do not apply thiamethoxam between prebloom and petal fall.

(3) Do not apply thiamethoxam to blooming plants or allow it to drift onto blooming plants. This is especially critical if there are adjacent orchards that are blooming. (Refer to recommendations to avoid spray drift on the product label for additional information.)

(4) After an application of thiamethoxam, wait at least five days before placing the beehives in the treated orchard.

(5) If bees are foraging in the orchard ground cover and it contains any blooming plants or weeds, always remove flowers before making an application of thiamethoxam. This may be accomplished by mowing, disking, mulching, flailing or applying a labeled herbicide.

History

Statutory Authority: RCW 15.58.040, 17.21.030, and chapter 34.05 RCW. WSR 03-05-033, § 16-228-1266, filed 2/11/03, effective 3/14/03.

Wash. Admin. Code § 16-228-1270 Restrictions on the use of pesticides on seed alfalfa, seed clover, small seeded herb and vegetable seed crops, and seed garlic.

(1) For purposes of pesticide registration, the following crops, when grown to produce seed specifically for crop reproduction purposes, are considered nonfood and nonfeed sites of pesticide use:

| Common Name | Scientific Name | | --- | --- | | alfalfa | Medicago sativa | | arugula | Eruca sativa | | beet, garden | Beta vulgaris | | beet, sugar | Beta vulgaris | | broccoli | Brassica oleracea var. botrytis | | broccoli, Chinese | Brassica oleracea var. alboglabra | | broccoli raab | Brassica rapa var. ruvo | | Brussels sprouts | Brassica oleracea var. gemmifera | | cabbage | Brassica oleracea var. capitata | | cabbage, Chinese, bok choy | Brassica rapa var. chinensis | | cabbage, Chinese, napa | Brassica rapa var. pekinensis | | carrot | Daucus carota | | cauliflower | Brassica oleracea var. botrytis | | clover, berseem | Trifolium alexandrinum | | clover, crimson | Trifolium incarnatum | | clover, Persian | Trifolium resupinatum | | clover, red | Trifolium pratense | | clover, strawberry | Trifolium fragiferum | | clover, white | Trifolium repens | | collards | Brassica oleracea var. acephala | | coriander | Coriandrum sativum | | dill | Anethum graveolens | | endive | Cichorium endivia | | kale | Brassica oleracea var. acephala | | kohlrabi | Brassica oleracea var. gongylodes | | leek | Allium porrum | | lettuce, head | Lactuca sativa | | lettuce, leaf | Lactuca sativa | | mustard greens | Brassica juncea | | mustard, seed | Brassica hirta | | mustard spinach | Brassica rapa var. perviridis | | onion, dry bulb | Allium cepa | | onion, Welsh | Allium fistulosum | | parsley | Petroselinum crispum | | parsnip | Pastinaca sativa | | radish (other than radish, Oriental) | Raphanus sativus | | rape greens | Brassica napus var. napus | | rutabaga | Brassica napus var. napobrassica | | spinach | Spinacia oleracea | | Swiss chard | Beta vulgaris var. cicla | | turnip | Brassica rapa |

(2) For the seed crops listed in subsection (1) of this section, the following conditions shall be met:

(a) All seed screenings shall be disposed of in such a way that they cannot be distributed or used for human food or animal feed. The seed conditioner shall keep records of screening disposal for three years from the date of disposal and shall furnish the records to the director immediately upon request. Conditioner disposal records shall consist of documentation of on-farm disposal, disposal at a controlled dump site, incinerator, composter, or other equivalent disposal site and shall include the lot numbers, amount of material disposed of, the grower(s), and the date of disposal.

(b) No portion of the seed plant including, but not limited to, green chop, hay, pellets, meal, whole seed, cracked seed, roots, bulbs, leaves and seed screenings may be used or distributed for food or feed purposes.

(c) All seed from the crops listed in subsection (1) of this section grown or conditioned in this state shall bear a tag or container label which forbids use of the seed for human consumption or animal feed.

(d) No seed from the crops listed in subsection (1) of this section grown or conditioned in this state may be distributed for human consumption or animal feed.

(3) For purposes of pesticide registration, the following crop, when grown to produce bulbs specifically for crop reproduction purposes, is considered a nonfood and nonfeed site of pesticide use:

| Common Name | Scientific Name | | --- | --- | | garlic, bulb | Allium sativum |

"Garlic, bulb" is commonly referred to as "garlic seed" when grown to produce bulbs for crop reproduction purposes. For the purpose of this section, "garlic, bulb" and "garlic seed" have the same meaning, and are used interchangeably.

(4) For the bulb crop listed in subsection (3) of this section, the following conditions shall be met:

(a) All garlic seed debris shall be disposed of in such a way that it cannot be distributed or used for human food or animal feed. The garlic seed grower shall keep records of debris disposal for three years from the date of disposal and shall furnish the records to the director immediately upon request. Grower disposal records shall consist of documentation of on-farm disposal, disposal at a controlled dump site, incinerator, composter, or other equivalent disposal site and shall include the lot numbers, amount of material disposed of, the grower(s), and the date of disposal.

(b) No portion of the garlic seed plant including, but not limited to, green chop, hay, pellets, meal, roots, garlic bulbs, leaves and debris may be used or distributed for food or feed purposes.

(c) All garlic seed grown or processed in this state shall bear a tag or container label which forbids use of the garlic bulbs for human consumption or animal feed.

(d) No garlic seed grown or processed in this state may be distributed for human consumption or animal feed.

(5) Violation of any condition listed in subsection (2) or (4) of this section is declared to be a violation of chapters 17.21 and 15.58 RCW.

(6) If the department receives a proposal to add an additional seed crop not listed in subsection (1) or (3) of this section, sufficient information must be provided to the department to support the designation of the seed crop as a nonfood and nonfeed site. The department will determine if the designation of the seed crop as a nonfood and nonfeed site is appropriate based upon evaluation of available information, and may consult with the U.S. Environmental Protection Agency prior to a final decision.

(7) The conditions contained in subsections (1) through (6) of this section shall not apply to a seed crop grown in Washington, or its byproducts, if any one of the following conditions exist:

(a) No pesticides were applied to the seed crop;

(b) Only pesticides registered and labeled for application to the seed crop, and having established tolerances or tolerance exemptions for residues of pesticides on the seed crop and its by-products, were used on the seed crop; or

History

Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 19-16-152, § 16-228-1270, filed 8/7/19, effective 9/7/19. Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1270, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58, 17.21 RCW. WSR 00-22-073, § 16-228-1270, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1270, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1300 Pesticide dealer recordkeeping requirements.

Pesticide dealers shall keep and furnish records to the director immediately upon request on the distribution of any pesticide except those determined by the department to be "home and garden use only" products. Records shall be kept for a period of seven years from the date of distribution. General use distribution requests shall be limited to records necessary for investigations of suspected violations, damage complaints, inspections, monitoring distribution and use under provisions of special local needs registrations, emergency exemptions from federal registration and experimental use permits, and monitoring of any pesticide suspected of unreasonable adverse effects on the environment. The records shall contain the following information:

(1) Full name and address of purchaser;

(2) Full name and address of certified applicator or dealer manager (if different from subsection (1) of this section for restricted use pesticides);

(3) Certified applicator or dealer manager's pesticide license number (for restricted use pesticides), including the state, tribe, or federal agency that issued the license, expiration date of license, and categories in which the applicator is licensed that are relevant to the pesticide sold;

(4) Full name of authorized agent for restricted use pesticides;

(5) Brand and specific pesticide name and EPA registration number, including any applicable emergency exemption or special local need registration number;

(6) Number of pounds or gallons of the pesticide distributed;

(7) Date of distribution;

(8) Crop or site to which pesticide will be applied (for restricted use pesticides).

History

Statutory Authority: RCW 17.21.030(2) and 15.58.040(2). WSR 25-22-065, s 16-228-1300, filed 10/31/25, effective 1/1/26. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-228-1300, filed 5/9/07, effective 6/9/07
WSR 03-22-029, § 16-228-1300, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-22-074, § 16-228-1300, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1300, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1320 Pesticide applicator recordkeeping requirements.

(1) Certified applicators and all persons applying pesticides to more than one acre of agricultural land in a calendar year including public entities engaged in roadside spraying, and all persons making landscape applications of pesticides to types of property listed in RCW 17.21.410 (1)(b), (c), (d) and (e) shall keep records for each application which shall include the following:

(a) The full name and full address of the person for whom the pesticide was applied.

(b) The address or exact location of the land where the pesticide was applied. If the application is made to one acre or more of agricultural land, the field must be located on the map on the adopted form. Location of agricultural land shall be made using section, township and range, geographical positioning system coordinates, or by irrigation block and farm unit numbers.

(d) The product name used on the registered label and the United States Environmental Protection Agency registration number, if applicable, of the pesticide which was applied.

(e) The direction from which the wind is blowing and estimated velocity of the wind in miles per hour (mph) and the temperature in degrees Fahrenheit at the time the pesticide was applied: Provided that this subsection (e) shall not apply to applications of baits in bait stations, pesticide applications within structures and drip or subsurface irrigation applications. Wind and temperature readings shall be obtained in close proximity to the application site.

(f) The total amount of pesticide applied such as pounds, gallons, ounces, etc.

(g) The amount of pesticide applied per acre or 1,000 square feet or other appropriate measure.

(i) For PCO classification or residential ornamental applications, the amount shall be recorded to the nearest ounce of product or to the nearest gallon of liquid spray per site.

(ii) Fumigation records shall include the pounds of gas released per 1,000 cubic feet of space, the temperature, and the duration of the exposure period.

(h) The concentration of pesticide that was applied. Liquid applications may be recorded as, but are not limited to, amount of product per 100 gallons of liquid spray, gallons per acre of output volume, ppm, percent product in tank mix (e.g., 1%). For chemigation applications record "inches of water applied" or other appropriate measure.

(i) The pests to be controlled (for PCO classification only).

(j) Specific crop or site to which pesticide was applied.

(k) Apparatus license plate number.

(l) The licensed applicator's full name, certified pesticide applicator license number, complete address, telephone number, and the full name of the individual or individuals making the application.

(m) The number of acres or other appropriate measure to which the pesticide was applied.

(n) For commercial applications, the full name and complete address of the commercial firm.

(2) Application records shall be completed and available to the department the same day the pesticides were applied.

(3) Application records shall be kept for a period of seven years from the date of the application of the pesticide to which such records refer. The director shall, upon request in writing, be furnished with a copy of such records immediately by the licensee.

(4) Upon written request, the applicator shall provide the customer with a record of each application of pesticides to his/her land, for the current season, which shall contain the information listed in WAC 16-228-1320(1).

(5) When requested, the information required by subsection (1) of this section shall be provided using an appropriate Pesticide Application Record. The department may choose to accept pesticide application records on any physical or electronic form, provided the following criteria are met:

(a) The provided pesticide application record contains all the information required by subsection (1) of this section; and

(b) The pesticide application record produced is in a form and format acceptable to the department.

(6) All apparatus shall be kept in good repair and only that apparatus capable of performing all functions necessary to ensure proper and thorough application of pesticides shall be used. Apparatus shall be cleaned so that no residue remains which may cause injury to land, humans, desirable plants and animals, from subsequent applications.

(7) On demand of the director, the applicator shall make immediately available for inspection the pesticides being applied and the apparatus used for the application: Provided that this inspection is made at the site of application or where the apparatus is located.

(8) The applicator shall make available necessary safety equipment in proper working order and advise employees on its use to meet the safety requirements of the pesticide label.

(9) Maintain a uniform mixture at all times in operating apparatus when applying pesticides.

(10) All containers used for pesticide mixtures, other than those in an apparatus, shall have a label identifying the contents as a pesticide, the active ingredient, and appropriate restrictions and precautions.

History

Statutory Authority: RCW 17.21.030(2) and 15.58.040(2). WSR 25-22-065, s 16-228-1320, filed 10/31/25, effective 1/1/26. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-228-1320, filed 5/9/07, effective 6/9/07
WSR 03-22-029, § 16-228-1320, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-22-074, § 16-228-1320, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1320, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1322 What are the requirements for removal of landscape markers and notification of restricted entry?

(1) The marker shall remain in place for a minimum of twenty-four hours from the time the landscape application is originally posted as required by RCW 17.21.410.

(2) In the event the pesticide label requires a restricted entry interval greater than twenty-four hours, the certified applicator shall provide the property owner or tenant with the restricted entry interval times consistent with the label requirements. Markers shall remain in place consistent with the restricted entry interval times as required by the label.

(3) The property owner or tenant shall remove the marker of any landscape posted under the requirements of RCW 17.21.410 consistent with this schedule.

History

Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1322, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-22-074, § 16-228-1322, filed 10/30/00, effective 11/30/00.

Wash. Admin. Code § 16-228-1330 Pilot and aircraft requirements for pesticide applicators.

(1) All pilots and aircraft used for or engaged in the application of pesticides shall comply fully with the appropriate rules and regulations of the Federal Aviation Administration.

(2) All applicants for the aerial pest control classification shall comply with FAA certification requirements. The department may require a current copy of the FAA operating certificate prior to issuance of a license.

History

Statutory Authority: RCW 17.21.030(2) and 15.58.040(2). WSR 25-22-065, s 16-228-1330, filed 10/31/25, effective 1/1/26. Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1330, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1330, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1370 What are the department requirements for a waste pesticide disposal program?

Under authority of chapter 15.58 RCW, the department may establish a waste pesticide disposal program for farmers, or other parties regulated under chapter 17.21 RCW or licensed under chapter 15.58 RCW.

(1) Upon review and determination that a pesticide is no longer useable, the department may declare a pesticide to be a "waste pesticide."

(2) The department may take possession of a waste pesticide with the owner's written consent for the purpose of disposal.

(3) For the purpose of waste pesticide disposal, the department may:

(a) Become identified as a hazardous waste generator;

(b) Enter into contracts or cooperative agreements to carry out portions of or all of the waste pesticide disposal program. The department may also enter into cooperative agreements to carry out portions of or all of the development of education programs relating to waste pesticide disposal and programs for dissemination of information concerning the department's disposal program.

(4) The department may accept pesticides whose active ingredients are not clearly identifiable for disposal. These pesticides may be analyzed by either the department or a private laboratory. If upon analysis the material is not a pesticide, not identified or not acceptable for disposal, it shall be returned to the owner and/or not accepted for disposal.

History

Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1370, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1370, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1380 What are the requirements for application of rodent control pesticides?

Rodent control pesticides shall be used in and around structures only under the following conditions, provided that the use of rodent control baits registered for home and garden use only, is exempt from this section:

(1) Bait shall only be placed in locations not readily accessible to children, pets and nontarget wildlife, provided that when properly secured, a locked and/or sealed tamper-resistant bait box may be used in accessible locations.

(2) Locked bait boxes are required for all outdoor, aboveground bait placement.

(3) Bait shall not be placed in a manner that can contaminate, or be easily translocated to food, feed, drugs, or other consumer commodities. Spilled bait must be cleaned up immediately.

(4) Loose bait, whether contained in a bait box or not, shall not be placed above floor levels, including but not limited to suspended ceilings, shelves, ledges, cupboards and counters. Except that, loose bait may be placed on the floor of an attic, including unfinished walking surfaces, or bottom surfaces in conformance with all other requirements of this section.

(5) All bait boxes and containers used for bait placement shall be of sturdy construction, composed of durable, nonabsorbent, corrosion resistant material and designed to prevent overturning. All bait containers holding liquid bait shall be liquid impervious and shall be properly secured.

(6) All bait boxes and containers used for bait placement shall be labeled with letters on contrasting background and maintained with the following information clearly legible on the outside of the bait box or container:

(a) The name, physical address, and telephone number of the company and/or certified applicator.

(b) The name, Environmental Protection Agency (EPA) registration number, and active ingredient(s) of the rodent control pesticide product.

(7) When detection baits without pesticides are placed in bait containers, the container must clearly identify that the contents are not a pesticide.

(8) Rodenticide bait, when in use to fill bait containers shall be handled with caution according to the label, shall not be left unattended where children or nontarget animals might be exposed to the contents and be in a container that bears an EPA registered label.

(9) Upon completion of a baiting operation, all bait, if it may become readily accessible to the public, shall be recovered and disposed of according to the product label.

(10) Rodenticide tracking powders shall not be used in any manner that will expose people, nontarget animals, food, feed, drugs, or other consumer commodities to the powder. The use of rodenticide tracking powders is prohibited in or on residential structures, except by written permission of the Washington state department of agriculture. Applicators who wish to use a rodenticide tracking powder in or on a residential structure must submit a request in writing to be received by the department at least seven days prior to the intended application date. The written request must include:

(a) The name, address, and telephone number of the occupants of the structure.

(b) The date and time of the intended application.

(d) A justification for the need to use the rodenticide tracking powder.

(e) What steps will be taken to ensure the rodenticide tracking powder does not contaminate any living area or otherwise result in an exposure to people or nontarget animals.

(11) Rodenticide tracking powder that contaminates an unintended location must be immediately and thoroughly cleaned up according to label instructions, or in the absence of label instructions, according to instructions obtained from the manufacturer.

History

Statutory Authority: Chapters 15.58, 17.21, and 34.05 RCW. WSR 10-15-015, § 16-228-1380, filed 7/8/10, effective 8/8/10
WSR 03-22-029, § 16-228-1380, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58, 17.21 RCW. WSR 00-22-073, § 16-228-1380, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1380, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1400 What are the requirements for pesticide labels?

(1) In addition to the requirements set forth in (2) through (5) below, pesticide labeling shall meet the standards or criteria of FIFRA.

(2) Any pesticide exempted from registration under the provisions of section 18 of FIFRA must be labeled as follows:

(a) Pesticides distributed under section 18 of FIFRA must be accompanied by a label approved by the department prior to distribution. All conditions set forth in the document granting the emergency exemption and all other requirements determined to be necessary by the department must be included on the label.

(b) In situations where a label cannot be developed and approved prior to the intended use period, the department may allow the use of the document granting the emergency exemption in lieu of labeling. Conditions set forth as part of the granting document, and any attached or associated documentation from the department shall be considered labeling for purposes of enforcement.

(3) Labels for spray adjuvants must include the following:

(a) The product brand name.

(b) The type or function of principal functioning agents. Terms used to describe adjuvant functions must be consistent with ASTM International Standards E 1519 and/or E 609, unless ASTM International has not defined a term. In the absence of an ASTM International definition, the department will determine the appropriate term(s). Functions claimed must be consistent with the principal functioning agents. If two or more functions are claimed, then the functions must be listed in descending order (starting with the primary function).

(i) "Principal functioning agents." The principal functioning agents must be listed by chemical name in descending order of composition with either individual or total percentage(s). If more than 3 functioning agents are present, only the 3 principal agents need to be listed;

(ii) The percentage of "Constituents ineffective as spray adjuvants," and

(iii) The total percentage of all ingredients which must equal 100%.

(d) Directions for use that must include a description of intended uses and recommended use rates.

(e) Precautionary statements adequate to protect people and the environment that shall include the following:

(i) The statement "Keep Out Of Reach Of Children."

(ii) A signal word (danger, warning or caution) and precautionary statements (including requirements for personal protective equipment, if applicable) consistent with product toxicity data; and

(iii) A statement prohibiting aquatic use, unless the registrant provides data to demonstrate that the proposed use will not cause unreasonable adverse effects to fish and aquatic invertebrates.

(f) An appropriate storage and disposal statement.

(g) The name and address of the registrant or manufacturer. If the registrant's name appears on the label and the registrant is not the manufacturer, then the name must be qualified by appropriate wording such as "Packaged for" or "Distributed by."

(h) The weight or measure of the contents.

(i) In situations where the department deems it appropriate, the use of alternative language and/or statements may be allowed or required.

(j) Optional information: The spray adjuvant label may also include an exemption from tolerance statement (if applicable), an unsulfonated residue (UR) value (if applicable), the Washington registration number and a label identification code (such as the revision date).

(4) Special local need (SLN) labels issued under section 24c of FIFRA must include the following:

(a) A federal or state Restricted Use Pesticide (RUP) designation statement (when applicable).

(b) The statement "FOR DISTRIBUTION AND USE ONLY WITHIN THE STATE OF WASHINGTON."

(d) The EPA and SLN registration numbers of the product.

(e) The statement: "It is a violation of federal law to use this product in a manner inconsistent with its labeling."

(f) The statement: "This labeling must be in the possession of the user at the time of application."

(g) One of the following statements:

(i) For agricultural use SLN labels the statement: "Follow all applicable directions, restrictions, worker protection standard requirements, and precautions on the EPA registered label"; or

(ii) For nonagricultural use SLN labels the statement: "Follow all applicable directions, restrictions, and precautions on the EPA registered label."

(h) Directions for use that must include the following: crop or site to be treated, pest(s) to be controlled, application rate and concentration, method of application, frequency and timing of application, and preharvest interval.

(i) All restriction or precaution statements (e.g. pollinator protection, herbicide drift, aquatic toxicity, chemigation, seed crop requirements) applicable to the use.

(j) An expiration date statement such as: "This label for (Product name) expires and must not be distributed or used in accordance with this SLN registration after December 31, (Fifth year)." Fifth year means the fifth year after issuance of the SLN label.

(k) The name and address of the SLN registrant.

(l) A label identification code (such as the revision date).

(m) Any other applicable information required by the EPA or the department.

(n) In situations where the department deems it appropriate, the use of alternative language and/or statements may be allowed or required.

(o) Optional information: The SLN label may also include a waiver of liability statement (if applicable). The waiver of liability statement must be consistent with EPA requirements.

(5) Labels for minimum risk pesticides exempted from federal registration under section 25(b) of FIFRA must include the following:

(a) The product brand name.

(b) The product function. The function(s) claimed must be consistent with product ingredients.

(i) "Active ingredients." These ingredients must be listed by name (in descending order of composition) with individual percentage(s). Only active ingredients listed in 40 C.F.R. 152.25(g) are permitted;

(ii) "Inert ingredients" or "other ingredients." These ingredients must be listed by name with the cumulative percentage of all inert ingredients stated on the label. Only inert ingredients on EPA Inerts List 4A (40 C.F.R. 180.950) are permitted; and

(iii) The total percentage of all ingredients which must equal 100%.

(d) Directions for use that must include a description of intended uses and use rates. The label must not bear claims either to control or mitigate microorganisms that pose a threat to human health.

(e) Precautionary statements adequate to protect people and the environment that shall include the following:

(i) The statement "Keep Out Of Reach Of Children," and

(ii) A signal word (danger, warning or caution) and precautionary statements (including requirements for personal protective equipment, if applicable) consistent with product toxicity data.

(f) An appropriate storage and disposal statement.

(h) The weight or measure of the contents.

(i) In situations where the department deems it appropriate, the use of alternative language and/or statements may be allowed or required.

(j) Optional information: The minimum risk pesticide label may also include the Washington registration number and a label identification code (such as the revision date).

History

Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-228-1400, filed 5/9/07, effective 6/9/07
WSR 03-22-029, § 16-228-1400, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-22-074, § 16-228-1400, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1400, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1410 What pesticides are considered home and garden use only pesticides?

For purposes of this section, "home and garden use only" means any pesticide determined by the department to be packaged, labeled and marketed in a manner that clearly indicates the product is intended for personal use by the general public in and around a residence. In making this determination, the department will consider, but not be limited to, the following criteria:

(a) Packaging;

(b) Package size;

(d) Application method;

(e) Equipment to be used;

(f) Rates of application.

History

Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-228-1410, filed 5/9/07, effective 6/9/07
WSR 03-22-029, § 16-228-1410, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1410, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1420 What are the requirements for complete pesticide formula?

The complete pesticide formula shall include a listing of each active and inert ingredient and the percentage of each ingredient. This information will be kept confidential and is exempt from disclosure as a public record as provided by RCW 15.58.065 except for names of inert ingredients of pesticides exempt under section 25b of FIFRA which according to C.F.R. 152.25 (g)(3)(i) must have this information on the label. Information required by this section may be submitted on company letterhead marked "confidential" in red ink on each sheet or each "EPA confidential statement of formula" information sheet.

History

Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1420, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-22-074, § 16-228-1420, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1420, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1430 What is an adequate pesticide container?

Containers, i.e., packages, cartons, bags, cans, barrels, bins, etc., in which pesticides are sold, offered for sale, or transported within the state of Washington shall be of sufficient strength and of such construction as to alleviate danger of spillage or breakage. Pesticides found to be packaged in unsafe containers shall be placed under "stop sale" order. Containers shall meet the minimum federal specifications.

History

Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1430, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1430, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1440 What pesticides must be artificially colored or have an odor added?

(1) No highly toxic pesticide in powdered or granular form or highly toxic pesticide baits having a label recommendation for use in any building, ship, or similar enclosure shall be sold within the state of Washington unless it is distinctly colored or discolored in such a way that it does not resemble any food.

(2) A pesticide in liquid form with colors resembling a beverage or liquid food, which does not have a distinctive odor, shall have an odorous substance added that is distinctly different from any beverage or liquid food.

History

Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1440, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1440, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1450 What are the requirements for pesticide-fertilizer registration and labeling?

(1) Each pesticide-fertilizer mix containing different pesticide active ingredients and/or percentages must be registered with the director: Provided that the fertilizer portion shall be considered an inert ingredient for the purpose of this order. Such registrations may be to the nearest one-tenth of one percent by weight of all active ingredient/s, except for nitrification inhibitor-pesticide mixes as stated in (4) below.

(2) A specimen pesticide-fertilizer label shall be registered with the director before distribution or sale. These labels shall bear the following items:

(a) A pesticide ingredient statement identifying the active ingredient(s) and showing the percent by weight of each active ingredient;

(b) EPA registration number of each pesticide used to formulate the pesticide-fertilizer mix;

(c) Crop(s) on which the pesticide-fertilizer mix may be used and the amount of pesticide-fertilizer mix to be applied per acre;

(d) Timing of application (for instance, preplant) and the preharvest interval;

(e) Net weight of the shipment;

(f) Name and address of the registrant or manufacturer;

(g) Any other information required by the director.

(3) Labeling bearing all of the information specified in (2) above and a complete specimen label for each pesticide product used to formulate the pesticide-fertilizer mix shall accompany each pesticide-fertilizer mix shipment. All or portions of the information required in (2) above may occur on the invoice of a custom mix: Provided that an appropriate specimen invoice has been registered by the director as pesticide labeling.

(4) Pesticide-fertilizer mixes containing nitrification inhibitors or agents intended for nitrogen stabilization only, and no other pesticide active ingredients, may be registered without specifying the percentage of active ingredient. The amount of active ingredient in the mix must be stated on the label that accompanies each shipment.

History

Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1450, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1450, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1455 What are the requirements on dry pesticide-fertilizer mixes?

No person shall distribute, sell, offer for sale, or hold for sale any dry pesticide incorporated in a dry blended bulk fertilizer mix.

History

Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1455, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1455, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1460 What are the requirements for experimental use permits?

(1) Pesticides shall not be distributed or used for experimental purposes unless a written permit has been obtained from the director. All distribution and use of pesticides for experimental purposes shall be subject to restrictions and conditions described in the experimental use permit. Applications for experimental use permits shall be submitted on forms prescribed by the director.

(2) For individual experimental use permits that are product and site specific, the application shall include the following (when applicable):

(a) Name of the active ingredient and/or product name and/or EPA registration number of the product to be used;

(b) Person responsible for carrying out provisions of the experimental use permit and means of locating this person in case of emergency;

(d) Crop or site and location(s) to which the pesticide is to be applied;

(e) Disposition of any treated food or feed and of subsequent crops from treated sites;

(f) Rate of application of formulation or active ingredient and number of applications;

(g) Timing and duration of the proposed program;

(h) Area (acres, sq. ft., etc.) to which the pesticide is to be applied;

(i) Total amount of pesticide to be applied;

(j) Federal experimental use permit number and text;

(k) Labeling to accompany the pesticide in the field;

(l) Any other information required by the director.

(3) An individual experimental use permit shall not be issued for use of a pesticide on a food or feed unless a tolerance greater than residues anticipated from the treatment or exemption from the requirement of a tolerance has been obtained from the Environmental Protection Agency, provisions for destruction of the treated food or feed and any crop residue have been made, or adequate demonstration has been made to the department that no detectable pesticide residue from the experimental program will be present in food or feed. The director may require evidence to substantiate any of the above.

(4) Collective experimental use permits may be issued by the director for experimental programs conducted on terrestrial sites by recognized research institutions, organizations, pesticide registrants, or persons licensed by the department to conduct demonstration and research activities on land they own or control. For the purposes of this section, "control" means:

(a) The person responsible for carrying out the provisions of the experimental use permit owns or leases the land on which the pesticide is being applied; or

(b) The person responsible for carrying out the provisions of the experimental use permit has received documented permission from the landowner or manager to conduct such activities.

(5) An application for a collective experimental use permit shall include the following:

(a) The name, address and phone number of the person responsible for carrying out the provisions of the collective experimental use permit, and means of locating the person in case of emergency;

(b) A signed statement that:

(i) Use will not exceed one acre per active ingredient per year;

(ii) No applications will be made to aquatic sites (experimental applications to aquatic sites must be performed under an individual experimental use permit);

(iii) No applications will be made to residential sites (experimental applications to residential sites must be performed under an individual experimental use permit);

(iv) All treated food and feed crops will be destroyed after harvest unless a tolerance greater than the residues anticipated from the treatment or exemption from the requirement of a tolerance has been obtained from the Environmental Protection Agency. "Destroyed" means rendered unusable for food or feed or used for research purposes only;

(v) Any adverse environmental effects will be immediately reported to the department;

(vi) All applicable use directions and restrictions on the federal, state or experimental use pesticide label will be followed.

(6) The director may monitor the implementation of any experimental use permit. This may include collection of samples, inspection of premises, records and equipment, and any other related activities specified by the director. The conditions of any experimental use permit may require notification of a designated department office prior to application and/or presence of a departmental representative at the application. Experimental use permits shall be considered labeling for purposes of enforcement. Violations of these permits shall be considered use inconsistent with the label.

(7) Summaries of experimental results, date and method of disposal of treated food or feed crop (if applicable), and any adverse environmental effects resulting from the application shall be retained by the holder of the permit for three years and shall be submitted to the department upon request of the director.

(8) Pesticides intended for experimental use must be contained in secure containers, the labeling of which must present such precautions as are known to be necessary to protect the health of persons who may come in contact with the pesticide and to prevent unreasonable adverse effects on the environment. Any unused experimental use pesticide that does not have a registered use in the state must be returned to the manufacturer or disposed of properly. Individual experimental use permits shall be considered labeling for the purposes of enforcement. Violations of these permits shall be considered use inconsistent with the label.

(9) The director may limit the amount of pesticide, acres or areas to be treated, licensing, or qualifications of persons exercising the permit, or any other condition of an experimental use permit. The director may deny, amend, suspend or revoke any experimental use permit if it is found to be in violation of applicable federal regulations, in violation of chapters 15.58 and 17.21 RCW or rules adopted thereunder, or if the director deems such action necessary to protect public health and the environment.

History

Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1460, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1460, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1500 Denial, suspension, revocation of a pesticide license.

(1) The director may deny, suspend, or revoke any provision of a license, registration, permit, or certification issued under chapters 17.21 and 15.58 RCW if it is found that the applicant or the holder of the license, permit, or certification has committed any of the following acts each of which is declared to be a violation:

(a) Made false or fraudulent claims through any media misrepresenting the effect of materials or methods to be utilized;

(b) Made a pesticide recommendation or gave advice or used a pesticide inconsistent with the labeling, the EPA or Washington state registration for that pesticide, an EPA or Washington state experimental use permit for that pesticide, an exemption from registration under provisions of section 18 of FIFRA, or in violation of the EPA or Washington state restrictions on the use of that pesticide;

(d) Operated a faulty or unsafe apparatus;

(e) Operated in a faulty, careless, or negligent manner;

(f) Refused or neglected to comply with the provisions of the applicable sections of chapters 15.58 and 17.21 RCW, the rules adopted thereunder, or of any lawful order of the director;

(g) Refused or neglected to keep and maintain records required by chapters 15.58, 17.21 RCW, and rules adopted thereunder, or to make reports when and as required;

(h) Made false or fraudulent records, invoices, reports, or recommendations;

(i) Caused the application of a pesticide without having a licensed or certified applicator in direct supervision as applicable;

(j) Operated an unlicensed apparatus or an apparatus without a license plate issued for that particular apparatus as provided for in chapter 17.21 RCW or failed to locate the apparatus license plate on the apparatus in a manner required by the department;

(k) Used or supervised the use of a pesticide which is restricted to use by certified applicators without having qualified as a certified applicator;

(l) Used fraud or misrepresentation in making an application for a license, permit, or certification or renewal of a license, permit, or certification;

(m) Refused or neglected to comply with any limitations or restrictions on or in a duly issued license, permit, or certification;

(n) Aided or abetted a certified applicator, licensed person, or an uncertified or unlicensed person to evade the provisions of chapters 17.21 and 15.58 RCW, conspired with such a certified applicator or licensed person or an uncertified or unlicensed person to evade the provisions of chapters 17.21 and 15.58 RCW or allowed one's license, permit, or certification to be used by another person;

(o) Made false, misleading, or erroneous statements or reports during or after an inspection concerning any infestation or infection of pests found on land or in connection with any pesticide complaint or department investigation;

(p) Impersonated any state, county, or city inspector or official;

(q) Is not qualified to perform as a pest control consultant or pesticide dealer manager or certified applicator in the classifications in which they are licensed to operate or have operated, regardless of whether or not they have previously passed an examination provided for in chapter 15.58 RCW;

(r) To have in their possession a department pesticide licensing examination or to remove or cause to remove any said examination or its contents from the department without expressed consent from the department;

(s) To violate the testing policies set forth by department representatives prior to the start of an examination session;

(t) Made or failed to make an inspection, statement, or report in violation of WAC 16-228-2005 through 16-228-2060;

(u) Received a criminal conviction under section 14(b) of FIFRA; or

(v) Received a final order imposing a civil penalty under section 14(a) of FIFRA.

(2) A penalty fee assessed because of a late license or registration renewal does not prevent the department from taking additional regulatory action against the violator.

(3) No pesticide dealer or dealer manager license shall be denied, suspended, or revoked simply because a pesticide purchased from that dealer was applied in violation of chapters 15.58, 17.21 RCW or rules adopted thereunder, unless the department finds the dealer or dealer manager in violation of chapters 15.58, 17.21 RCW or rules adopted thereunder.

History

Statutory Authority: RCW 17.21.030(2) and 15.58.040(2). WSR 25-22-065, s 16-228-1500, filed 10/31/25, effective 1/1/26. Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1500, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-24-013, § 16-228-1500, filed 11/27/00, effective 12/28/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1500, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1520 What are the requirements for the commercial applicator's financial responsibility insurance certificate (FRIC)?

(1) A commercial pesticide applicator's license shall not be issued until a financial responsibility insurance certificate is filed with the department which shall certify: (Forms to be supplied by the department).

(a) Name of insured (identical to name on application form)

(b) Address of insured

(d) Aircraft number(s) covered by the insurance (if applicable)

(e) Effective period

(f) Amount of insurance. Minimum requirements are:

(i) Public liability (personal injury) fifty thousand dollars; and property damage fifty thousand dollars; or

(ii) Alternately providing both public liability (personal injury), and property damage liability coverage within the same limit, providing such policy is issued in an amount of not less than one hundred thousand dollars.

(iii) Amount of deductible (if applicable): Maximum deductible, five thousand for all applicators.

(g) List of any pesticides or group of pesticides not covered by the policy.

(h) Acknowledgement of provisions for ten days' prior written notice of cancellation or reduction of the insurance coverage.

(2) The department may waive the requirements of this section, wholly or in part, if a surety bond in a form prescribed by the director is offered as evidence of financial responsibility, as provided for in RCW 17.21.160 and 17.21.170.

History

Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-228-1520, filed 5/9/07, effective 6/9/07
WSR 03-22-029, § 16-228-1520, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1520, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1530 Pesticide license renewals and penalties.

(1) Except for the pesticide dealer license required under RCW 15.58.180 and limited private applicator and rancher private applicator licenses, all pesticide licenses shall expire on the December 31st following their issuance:

(2) Pesticide renewal applications for licenses issued under the authority of chapter 17.21 RCW shall be filed on or before January 1st of the appropriate year.

(3) If an application for renewal of any pesticide license issued under the authority of chapter 17.21 RCW is not filed on or prior to January 1st following the expiration date of the license, a penalty shall be assessed as provided in RCW 17.21.140 and added to the original fee and shall be paid by the applicant before the renewal license is issued.

(4) If an application for renewal of a pesticide dealer license issued under the authority of chapter 15.58 RCW is not filed on or before the master license expiration date, the master license delinquency fee shall be assessed under chapter 19.02 RCW and shall be paid by the applicant before the renewal license is issued.

(5) If an application for renewal of any license issued under the authority of chapter 15.58 RCW, other than the pesticide dealer license, is not filed on or before the expiration date of the license, penalty equivalent to the license fee shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license is issued.

(6) Nothing herein shall be construed to limit the department's ability, as otherwise provided by law, to deny a license, to condition license renewal, or to enforce violations of applicable laws, subsequent to the expiration of a license.

History

Statutory Authority: RCW 17.21.030(2) and 15.58.040(2). WSR 25-22-065, s 16-228-1530, filed 10/31/25, effective 1/1/26. Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1530, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1530, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1540 Pesticide examination requirements.

(1) An examination fee of $25 shall be paid prior to administration of any paper-based pesticide or structural pest inspector license examination.

(2) An examination fee of not more than $65 shall be paid prior to the administration of each computer-based pesticide or structural pest inspector license examination. If a third-party entity administers a computer-based licensing exam, an applicant shall pay the exam cost established in the vendor's contract with the department, not to exceed the amount set in this section. The department will post this exam fee to its website.

(3) The director may administer the pesticide exams, may contract with an examination or testing vendor to administer the exams, or both.

(4) The department reserves the right to restrict the number of applicants taking examinations at any given time.

(5) Any individual who fails any pesticide licensing examination a second, third, or fourth time shall be required to wait at least 14 days before retaking that examination. Individuals who fail a pesticide licensing examination five or more times must wait 60 calendar days before retaking that examination.

(6) An applicant shall complete the application form for a pesticide or structural pest inspector license and pay the required license application fee and testing fee at the time of or prior to administration of the pesticide or structural pest inspector examination.

(7) Exam proctors must be designated by the department and may not seek certification at any examination session that they are proctoring.

(8) Pesticide and structural pest inspector examination scores shall not be released by the department until the license application fee and testing fee have been paid.

History

Statutory Authority: RCW 17.21.030(2) and 15.58.040(2). WSR 25-22-065, s 16-228-1540, filed 10/31/25, effective 1/1/26. Statutory Authority: RCW 15.58.040, 15.58.240, 17.21.030, and 17.21.134. WSR 22-17-020, § 16-228-1540, filed 8/4/22, effective 9/4/22. Statutory Authority: 2012 2nd sp.s. c 7, RCW 17.21.030, 15.58.040, and chapter 34.05 RCW. WSR 12-22-015, § 16-228-1540, filed 10/29/12, effective 1/1/13. Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1540, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58, 17.21 RCW. WSR 00-22-073, § 16-228-1540, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1540, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1545 Pesticide licensing requirements for all certified applicators except private applicators, limited private applicators, and rancher private applicators.

(1) All individuals licensed or required to be licensed as commercial pesticide applicators, commercial pesticide operators, private-commercial applicators, demonstration and research applicators, public operators, structural pest inspectors, pest control consultants, and public pest control consultants must be certified, through examination, in all pest control classifications defined in subsection (3)(a) and (b) of this section in which they operate, inspect, or consult. Additionally, commercial pesticide applicators must be licensed in all classifications that the business operates. Licensed applicators may directly supervise unlicensed applicators only in those classifications in which they have a valid certification.

(2) To qualify for any pesticide license listed in subsection (1) of this section, applicants, except the structural pest inspector, must demonstrate practical knowledge of the principles and practices of proper and effective use of pesticides by passing a laws and safety examination that addresses areas of competency described in WAC 16-228-15451(1). Structural pest inspectors conducting complete wood destroying organism inspections must pass a structural pest inspector laws and standards examination or equivalent that includes, but is not limited to, the legal requirements governing structural pest inspectors and the standards for conducting complete wood destroying organism inspections.

(3) Applicator license classifications.

(a) License classifications:

(i) Aerial pest control: The use of a pesticide by fixed or rotary wing aircraft.

(ii) Aquatic antifouling: The use of antifouling paints to control fouling organisms on the bottom of marine vessels.

(iii) Aquatic irrigation: Limited to the control of aquatic pests in irrigation district water delivery systems where the pesticide is applied directly into the water or enters the water due to the application of the pesticide. Pests include, but are not limited to, moss, algae, cattails, pond weeds, and other emersed and submersed aquatic weeds.

(iv) Aquatic pest control: The control of aquatic pests in water areas including, but not limited to, canals, rivers, streams, lakes, ponds, marshes, and pipelines.

(v) Demonstration and research: The application of pesticides by individuals who demonstrate to the public the proper use and techniques of application of experimental or restricted use pesticides or by individuals who conduct field research with experimental or restricted use pesticides.

(vi) Insect and disease control: The control of insects and diseases in agricultural crops including forest environments and in ornamental, turf, and right-of-way situations including, but not limited to, golf courses, parks, schools, lawns, yards, gardens, greenhouses, hospitals, and rest homes. This includes, but is not limited to, the use of insecticides (including mosquito adulticides), miticides, fungicides, bacteriocides, molluscicides, and nematicides. This classification does not include the use of fumigants.

(vii) Livestock pest control: The control of external and internal pests of animals, except viruses, in livestock and livestock premises.

(viii) Pest control operator (PCO) - General: The control of in-sects, spiders, birds, rodents, and animal pests in and around, but not limited to, the following situations: Residences, public buildings and grounds, commercial buildings and grounds, disposal sites, animal feed lots, and farmsteads, including buildings and transportation equipment. This classification does not include the use of fumigants.

(ix) Pest control operator (PCO) - Structural: The control of structurally destructive pests including, but not limited to, fungus, termites, carpenter ants, carpenter bees, and wood-boring beetles. This classification allows a licensee to perform specific wood destroying organism inspections. This classification does not include the use of fumigants. Licensed applicators with this classification are not required to obtain the structural pest inspector license to conduct specific wood destroying organism inspections.

(x) Public health pest control: Application of pesticides by governmental employees and certain others in government-sponsored public health programs such as, but not limited to, mosquito control, rodent control, and insect control in situations having medical and public health importance.

(xi) Seed treatment: The application of pesticides to seeds to control destructive insects and diseases in the production of treated seed as a commodity.

(xii) Soil fumigation: The use of soil fumigants to control pests including weeds, insects, and diseases.

(xiii) Space (nonsoil) fumigation: The use of fumigants to control pests including, but not limited to, insects, weeds, pathogens, rodents, or any other pest in anything other than soil.

(xiv) Structural pest inspector: Allows for the commercial inspection of buildings for structurally destructive pests, their damage, and conditions conducive to their development. This classification is required to perform complete wood destroying organism inspections.

(xv) Vertebrate pest control: The outdoor control of vertebrate pests in situations including agricultural and residential areas. This classification does not include the use of fumigants.

(xvi) Weed control: The control of weeds in all agricultural crops including forest environments and in former agricultural lands now in a noncrop status, terrestrial right-of-way locations, and in ornamental and turf situations. Right-of-way locations include, but are not limited to, roads, highways, railroads, power lines, and irrigation ditches, and industrial sites including, but not limited to, airports, industrial parks, and large parking areas. Ornamental and turf situations include, but are not limited to, golf courses, parks, schools, lawns, yards, gardens, hospitals, vacant lots, and open noncrop waste areas. This classification does not include the use of fumigants.

(xvii) Wood treatment: The use of wood preservatives for the control of wood damaging pests.

(b) Limited specialty: Pest control classification made available by the department for certain pest control activities not included in one of the defined license classifications specified in (a) of this subsection. Limited specialty classifications are limited to the use of general use pesticides. The department may maintain a list of currently available limited specialty subclassifications on the department website. The department at its discretion may, by rule, recategorize a limited specialty subclassification under (b) of this subsection as a license classification under (a) of this subsection.

(4) All examinations required under this section shall be written and taken without the aid of any materials that contain information relevant to the exam content. Individuals must be capable of independently reading and interpreting exam content.

(5) A passing score of 70 percent is established for all the examinations required under this section. The department may establish separate passing scores for the examinations if a validated process is used. Passing scores are valid for obtaining a license in the calendar year in which the examination is taken plus the following calendar year.

(6) The department may waive any of the examination requirements contained in this section for any person holding a valid certification with similar classifications from an EPA or Canadian approved federal, state, or provincial certification program with comparable examination and recertification standards.

History

Statutory Authority: RCW 17.21.030(2) and 15.58.040(2). WSR 25-22-065, s 16-228-1545, filed 10/31/25, effective 1/1/26. Statutory Authority: RCW 15.58.040, 17.21.030, and chapter 34.05 RCW. WSR 16-24-052, § 16-228-1545, filed 12/2/16, effective 1/2/17. Statutory Authority: RCW 17.21.060, 15.58.040, chapter 34.05 RCW and 2012 2nd sp.s. c 7. WSR 13-02-024, § 16-228-1545, filed 12/20/12, effective 1/20/13. Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1545, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-24-013, § 16-228-1545, filed 11/27/00, effective 12/28/00.

Wash. Admin. Code § 16-228-15451 Standards for certification of commercial pesticide applicators, commercial pesticide operators, demonstration and research applicators, public operators, pest control consultants, and public pest control consultants.

(1) Individuals seeking certification as commercial pesticide applicators, commercial pesticide operators, demonstration and research applicators, public operators, pest control consultants, and public pest control consultants must demonstrate practical knowledge of the principles and practices of pest control and proper and effective use of pesticides by passing a laws and safety exam that may include the following:

(a) Knowledge of the state and federal laws governing pesticide use;

(b) General pesticide label comprehension to include:

(i) General format and terminology of pesticide labels and labeling;

(ii) Understanding instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels and labeling;

(iii) Understanding that it is a violation of state and federal law to use any pesticide in a manner inconsistent with its labeling;

(iv) Understanding labeling requirements that a certified applicator must be physically present at the site of application;

(v) Understanding labeling requirements for supervising noncertified applicators working under the direct supervision of a certified applicator;

(vi) Understanding that applicators must comply with all use restrictions and directions for use listed on the pesticide label and labeling, including being certified in the appropriate license classification;

(vii) Understanding the meaning of product classification as either general or restricted use;

(viii) Understanding and complying with notification requirements specific to the product;

(ix) Recognizing and understanding the difference between mandatory and advisory labeling language.

(i) Understanding the difference between acute and chronic toxicity;

(ii) Understanding that a pesticide's risk is a function of exposure and the pesticide's toxicity;

(iii) Understanding the different routes of exposure and how they may occur;

(iv) Common types and causes of pesticide mishaps;

(v) Precautions to prevent injury to applicators and other individuals in or near treated areas;

(vi) The need for, and proper use of, protective clothing and personal protective equipment;

(vii) Symptoms of pesticide poisoning;

(viii) First aid and other procedures to be followed in case of a pesticide mishap;

(ix) Proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers.

(d) Environmental fate of pesticides and the potential consequences of the use and misuse of pesticides including the influence of the following:

(i) Weather and other climatic conditions;

(ii) Types of terrain, soil, or other substrate;

(iii) Presence of fish, wildlife, and other nontarget organisms;

(iv) Drainage patterns.

(e) Proper identification and effective control of pests including the following:

(i) Importance of correctly identifying target pests and selecting the proper pesticide product for effective pest control;

(ii) Verifying that the label does not prohibit the use of the product to control the target pest.

(f) Characteristics of pesticides including the following:

(i) Types of pesticides and pesticide formulations;

(ii) Compatibility, synergism, persistence, and animal and plant toxicity of the formulations;

(iii) Hazards and residue associated with use;

(iv) Factors that influence effectiveness or lead to problems such as pesticide resistance;

(v) Dilution procedures.

(g) Application equipment including the following:

(i) Types of equipment and advantages and limitations of each;

(ii) Use, maintenance, and calibration procedures.

(h) Selecting appropriate application methods including the following:

(i) Methods to apply various forms and formulations of pesticides;

(ii) Knowledge of which application method to use in a given situation and that certain uses require additional certification;

(iii) How selection of application method and use of a pesticide may or may not result in proper use;

(iv) Prevention of drift and pesticide loss into the environment.

(i) Knowledge of the responsibilities of certified applicators supervising noncertified applicators including the following:

(i) Understanding and complying with requirements in WAC 16-228-1548 for certified applicators who supervise noncertified applicators using pesticides for those pesticide licenses listed in this subsection;

(ii) Recordkeeping requirements of pesticide safety training for noncertified applicators who use pesticides under the direct supervision of a certified applicator;

(iii) Providing use-specific instructions to noncertified applicators using pesticides under the direct supervision of a certified applicator;

(iv) Explaining pertinent state, tribal, and federal laws and regulations to noncertified applicators who use pesticides under the direct supervision of a certified applicator.

(j) Understanding the importance of professionalism including the following:

(i) Maintaining chemical security for pesticides;

(ii) How to communicate information about pesticide exposure and risks with customers and the public;

(iii) Appropriate product stewardship for certified applicators.

(2) In addition to satisfying the requirements of subsection (1) of this section, all applicators listed in subsection (1) of this section must demonstrate through written examination practical knowledge of the principles and practices of pest control and proper and effective use of pesticides for each classification in which they intend to operate or consult. Minimum competency standards for each classification are listed in (a) through (o) of this subsection.

(a) Aerial pest control - Individuals must demonstrate practical knowledge of the pest problems and pest control practices associated with performing aerial application of pesticides including:

(i) Labeling requirements and restrictions specific to aerial application of pesticides including:

(A) Spray volumes;

(B) Buffers and no-spray zones;

(D) Label-mandated recordkeeping requirements for aerial pesticide applications including application conditions, if applicable.

(ii) Understanding how to choose and maintain aerial application equipment including the following:

(A) The importance of inspecting application equipment to ensure it is in proper operating condition prior to beginning an application;

(B) Selecting proper nozzles to ensure appropriate pesticide dispersal and to minimize drift;

(C) Knowledge of the components of an aerial pesticide application system including pesticide hoppers, tanks, pumps, and types of nozzles;

(D) Interpreting a nozzle flow rate chart;

(E) Determining the number of nozzles for intended pesticide output using nozzle flow rate chart, aircraft speed, and swath width;

(F) How to ensure nozzles are placed to compensate for uneven dispersal due to uneven airflow from wingtip vortices, helicopter rotor turbulence, and aircraft propeller turbulence;

(G) Where to place nozzles to produce the appropriate droplet size;

(H) How to maintain the application system in good repair including pressure gauge accuracy, filter cleaning according to schedule, and checking nozzles for excessive wear;

(I) How to calculate required and actual flow rates;

(J) How to verify flow rate using fixed timing, open timing, known distance, or a flow meter;

(K) When to adjust and calibrate application equipment.

(iii) Factors to consider before and during application including:

(A) Weather conditions that could impact application by affecting aircraft engine power, take-off distance, and climb rate, or by promoting spray droplet evaporation;

(B) How to determine wind velocity, direction, and air density at the application site;

(iv) Methods to minimize off-target movement including:

(A) How to determine drift potential of a product using a smoke generator;

(B) How to evaluate vertical and horizontal smoke plumes to assess wind direction, speed, and concentration;

(D) Documenting special equipment configurations or flight patterns used to reduce off-target pesticide drift.

(v) Competency in performing an aerial pesticide application including:

(A) Selecting a flight altitude that minimizes streaking and off-target pesticide drift;

(B) Choosing a flight pattern that ensures applicator and bystander safety and proper application;

(D) Tools available to mark swaths, such as global positioning systems and flags;

(E) Recordkeeping requirements for aerial pesticide applications including application conditions, if applicable.

(b) Aquatic antifouling - Individuals must demonstrate practical knowledge of:

(i) The characteristics of aquatic antifouling paints;

(ii) Restrictions on the use of these pesticides;

(iii) Potential for adverse effects on humans, nontarget organisms, and the environment;

(iv) Labels and labeling comprehension.

(i) The characteristics of various aquatic use situations;

(ii) The potential for adverse effects on nontarget organisms, beneficial insects, and other organisms in the immediate aquatic environment and downstream;

(iii) The principles of limited area application.

(d) Aquatic pest control - Individuals must demonstrate practical knowledge of:

(i) The characteristics of various aquatic use situations;

(ii) The potential for adverse effects on nontarget organisms, beneficial insects, and other organisms in the immediate aquatic environment and downstream;

(iii) The principles of limited area application.

(e) Demonstration and research - Individuals must demonstrate practical knowledge of:

(i) The potential problems, pests, and population levels reasonably expected to occur in a demonstration situation;

(ii) The effects of pesticide use on target and nontarget organisms;

(iii) Individuals must also demonstrate competency in each license classification applicable to their demonstration.

(f) Insect and disease control – Individuals must demonstrate practical knowledge of insect and disease pest control in agricultural, ornamental, turf, and right-of-way situations including:

(i) Crops, grasslands, noncrop agricultural lands, ornamental plants, and turf and pests associated with those areas;

(ii) Preharvest or restricted entry intervals, other entry-restricted periods, and other areas;

(iii) Potential for phytotoxicity, drift, persistence beyond the intended period of pest control, environmental contamination, nontarget exposure, and other problems resulting from the use of pesticides to control insects and diseases;

(iv) Application methods to minimize hazards to humans, pets, other domestic animals, and nontarget organisms and to minimize runoff;

(v) Types of environments traversed by rights-of-way;

(vi) Recognition of target pests.

(g) Livestock pest control - Individuals must demonstrate practical knowledge of such animals and their associated pests including:

(i) Specific pesticide toxicity and residue potential;

(ii) Hazards associated with factors such as formulation, application techniques, age of animals, stress, and extent of treatment.

(h) Pest control operator - General and structural - Individuals must demonstrate practical knowledge of residential, industrial, institutional, and structural pests including:

(i) Recognizing those pests and signs of their presence, habitats, life cycles, biology, and behavior, as it may be relevant to problem identification and control;

(ii) Types of formulations appropriate for control of residential, industrial, institutional, and structural pests;

(iii) Methods of application that avoid contamination of food, minimize damage to and contamination of areas treated, minimize acute and chronic exposure of people and pets, and minimize environmental impacts.

(i) Public health - Individuals must demonstrate practical knowledge of:

(i) Pests that are important vectors of disease including recognizing the pests and signs of their presence, habitats, life cycles, biology, and behavior as it may be relevant to problem identification and control;

(ii) How to minimize damage to and contamination of areas to be treated, acute and chronic exposure of people and pets, and nontarget exposure.

(j) Seed treatment - Individuals must demonstrate practical knowledge of the characteristics of pest control in seed including:

(i) Recognizing types of seeds to be treated;

(ii) The effects of carriers and surface active agents on pesticide binding and germination;

(iii) The hazards associated with handling, sorting, and mixing;

(iv) Misuse of treated seed;

(v) The importance of proper application techniques to avoid harm to nontarget organisms;

(vi) The proper disposal of unused treated seed.

(k) Soil fumigation - Individuals must demonstrate practical knowledge of the pest problems and pest control practices associated with performing soil fumigation including the following:

(i) Familiarity with the pesticide labels and labeling for products used to perform soil fumigation including the following:

(A) Labeling requirements specific to soil fumigants;

(B) Requirements for certified applicators of fumigants, fumigant handlers and permitted fumigant handler activities, and the safety information that certified applicators must provide to noncertified applicators;

(D) Recordkeeping requirements imposed by product labels and labeling;

(E) Labeling provisions unique to products containing active ingredients.

(ii) Measures to minimize adverse health effects including the following:

(A) Understanding how certified applicators, noncertified applicators using fumigants under the direct supervision of certified applicators, field workers, and bystanders can become exposed to fumigants;

(B) Common problems and mistakes that can result in direct exposure to fumigants;

(D) Air concentrations of a fumigant that require that applicators wear respirators or exit the work area entirely;

(E) Steps to take if a fumigant applicator experiences sensory irritation;

(F) Understanding air monitoring, when it is required, and where and when to take samples;

(G) Buffer zones including procedures for buffer zone monitoring and who is permitted to be in a buffer zone;

(H) First aid measures to take in the event of exposure to a soil fumigant;

(I) Labeling requirements for transportation, storage, spill clean-up, and emergency response for soil fumigants including safe disposal of containers and contaminated soil and management of empty containers.

(iii) Characteristics of soil fumigants including the following:

(A) Chemical characteristics of soil fumigants;

(B) Specific human exposure concerns for soil fumigants;

(D) How soil fumigants disperse in the application zone;

(E) Compatibility concerns for tanks, hoses, tubing, and other equipment.

(iv) Selecting appropriate application methods and timing including the following:

(A) Application methods including, but not limited to, water-run and nonwater-run applications and equipment commonly used for each soil fumigant;

(B) Site characteristics that influence fumigant exposure;

(D) Weather conditions that could impact timing of soil fumigant application and labeling statements limiting applications during specific weather conditions;

(E) Conducting preapplication inspection of application equipment;

(F) Understanding the purpose and methods of soil sealing including the factors that determine which soil sealing method to use;

(G) Understanding the use of tarps including the range of tarps available, how to seal tarps, and labeling requirements for tarp removal, perforation, and repair;

(H) Calculating the amount of product required for a specific treatment area;

(I) Understanding the basic techniques for calibrating soil fumigant application equipment.

(v) Soil and pest factors that influence fumigant activity including the following:

(A) Influence of soil factors on fumigant volatility and movement within the soil profile;

(B) Factors that influence gaseous movement through the soil profile and into the air;

(C) Soil characteristics including how soil characteristics affect the success of a soil fumigation application, assessing soil moisture, and correcting soil characteristics that could hinder a successful soil fumigation application;

(D) Identifying pests causing the damage and verifying they can be controlled with soil fumigation;

(E) Understanding the relationship between pest density and application rate;

(F) The importance of proper application depth and timing.

(vi) Understanding what personal protective equipment is necessary and how to use it properly including the following:

(A) Following labeling directions for required personal protective equipment;

(B) Selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment;

(C) Understanding the types of respirators required when using specific soil fumigants and how to use them properly including medical evaluation, fit testing, and required replacement of cartridges and canisters;

(D) Labeling requirements and other laws applicable to medical evaluation for respirator use, fit tests, training, and recordkeeping.

(vii) Information about fumigant management plans including the following:

(A) When a fumigant management plan must be in effect, how long it must be kept on file, where it must be kept during the application, and who must have access to it;

(B) The elements of a fumigant management plan and resources available to assist the applicator in preparing a fumigant management plan;

(D) The elements, purpose, and content of a post-application summary, who must prepare it, and when it must be completed.

(viii) Understanding buffer zones and posting requirements including the following:

(A) Buffer zones and the buffer zone period;

(B) Identifying who is and is not allowed in a buffer zone during the buffer zone period;

(D) Factors that affect buffer zone size and calculating buffer zones based on those factors;

(E) Distinguishing between buffer zone posting and treated area posting including the preapplication and post-application posting time frames for each;

(F) Proper choice and placement of warning signs.

(l) Space (nonsoil) fumigation - Individuals must demonstrate practical knowledge of the pest problems and pest control practices associated with performing fumigation application of pesticides to sites other than soil including:

(i) Familiarity with the pesticide labels and labeling for products used to perform space fumigation including labeling requirements specific to space fumigants;

(ii) Measures to minimize adverse health effects including the following:

(A) Understanding how certified applicators, noncertified applicators using fumigants under the direct supervision of certified applicators, and bystanders can become exposed to fumigants;

(B) Common problems and mistakes that can result in direct exposure to fumigants;

(D) Air concentrations of a fumigant that require applicators to wear respirators or to exit the work area entirely;

(E) Steps to take if a fumigant applicator experiences sensory irritation;

(F) Understanding air monitoring, when it is required, and where and when to take samples;

(G) Buffer zones including procedures for buffer zone monitoring and who is permitted to be in a buffer zone;

(H) First aid measures to take in the event of exposure to a fumigant;

(I) Labeling requirements for transportation, storage, spill clean-up, and emergency response for space fumigants including safe disposal of containers and contaminated materials, and management of empty containers.

(iii) Characteristics of space fumigants including the following:

(A) Chemical characteristics of space fumigants;

(B) Specific human exposure concerns for space fumigants;

(D) How fumigants disperse in the application zone;

(E) Compatibility concerns for tanks, hoses, tubing, and other equipment.

(iv) Selecting appropriate application methods commonly used for space fumigation;

(A) Application methods and equipment commonly used for space fumigation;

(B) Site characteristics that influence fumigant exposure;

(C) Conditions that could impact timing of space fumigant application such as air stability, air temperature, humidity, and wind current, and labeling statements limiting applications under specific conditions;

(D) Conducting preapplication inspection of application equipment and the site to be fumigated;

(E) Understanding the purpose and methods of sealing the area to be fumigated including the factors that determine which sealing method to use;

(F) Calculating the amount of product for a specific treatment area;

(G) Understanding the basic techniques for calibrating space fumigant application equipment;

(H) Understanding when and how to conduct air monitoring and when it is required.

(v) Pest factors that influence fumigant activity including the following:

(A) Influence of pest factors on fumigant volatility;

(B) Factors that influence gaseous movement through the area being fumigated and into the air;

(D) Understanding the relationship between pest density and application rate;

(E) The importance of proper application rate and timing.

(vi) Understanding what personal protective equipment is necessary and how to use it properly including the following:

(A) Following label directions for required personal protective equipment;

(B) Selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment;

(C) Understanding the types of respirators required when using specific space fumigants and how to use them properly including medical evaluation, fit testing, and required replacement of cartridges and canisters;

(D) Labeling requirements and other laws applicable to medical evaluation for respirator use, fit tests, training, and recordkeeping.

(vii) Information about fumigant management plans and when they are required including the following:

(A) When a fumigant management plan must be in effect, how long it must be kept on file, where it must be kept during the application, and who must have access to it;

(B) The elements of a fumigant management plan and resources available to assist the applicator in preparing a fumigant management plan;

(D) The elements, purpose, and content of a post-application summary, who must prepare it, and when it must be completed.

(viii) Understanding posting requirements including the following:

(A) Understanding who is and is not allowed in an area being fumigated or after fumigation;

(B) Distinguishing fumigant label-required posting and treated area posting including the preapplication and post-application posting time frames for each;

(m) Vertebrate pest control - Individuals must demonstrate practical knowledge of:

(i) Crops, grasslands, noncrop agricultural lands, ornamental plants, and turf and vertebrate pests associated with those areas, including recognizing those pests and signs of their presence, habitats, life cycles, biology, and behavior;

(ii) Potential for adverse effects on humans, nontarget organisms, and the environment as a result of the use of pesticides for vertebrate pest control;

(iii) Potential for persistence of the pesticide beyond the intended period of pest control;

(iv) Application methods to minimize hazards to humans, pets, other domestic animals, and nontarget organisms and to minimize runoff;

(v) Comprehension of laws and regulations applicable to the control of vertebrate pests;

(vi) Types of environments traversed by rights-of-way;

(vii) Labels and labeling comprehension.

(n) Weed control - Individuals must demonstrate practical knowledge of weed control in agricultural, ornamental, turf, and right-of-way situations including:

(i) Crops, grasslands, noncrop agricultural lands, ornamental plants, turf, and right-of-way areas (terrestrial and aquatic), and weed pests associated with those areas;

(ii) Preharvest or restricted entry intervals and other entry-restricted periods and areas;

(iii) Potential for phytotoxicity due to a wide variety of plants and pests to be controlled, drift, persistence beyond the intended period of pest control, environmental contamination, nontarget exposure, and other problems resulting from the use of pesticides to control weeds including run-off, drift, and excessive foliage destruction;

(iv) Application methods to minimize hazards to humans, pets, other domestic animals, and nontarget organisms;

(v) Recognition of target pests.

(o) Wood treatment - Individuals must demonstrate practical knowledge of:

(i) Characteristics of wood preservatives;

(ii) Recognizing pests and signs of their presence;

(iii) Potential for adverse effects on humans and the environment as a result of the use of wood preservatives for the control of wood damaging pests;

(iv) Measures to minimize adverse health effects and method of application;

(v) Labels and labeling comprehension.

History

Statutory Authority: RCW 17.21.030(2) and 15.58.040(2). WSR 25-22-065, s 16-228-15451, filed 10/31/25, effective 1/1/26.

Wash. Admin. Code § 16-228-1546 Private applicator license requirements.

(1) To qualify for a private applicator license, an individual must pass a private applicator examination that covers areas of competency described in WAC 16-228-15461(1). The examination shall be written and taken without the aid of any materials that contain information relevant to the exam content. Individuals must be capable of independently reading and interpreting exams. Individuals holding valid, passing scores on the laws and safety examination and both of the classifications in WAC 16-228-1545 (3)(a)(vi) and (xvi) are exempt from this examination requirement.

(2) Private applicators applying pesticides by fixed or rotary wing aircraft must obtain the aerial classification described in WAC 16-228-1545 (3)(a)(i).

(3) Private applicators making aquatic applications to water that moves off their own or their employer's agricultural land must obtain the aquatic classification described in WAC 16-228-1545 (3)(a)(iv).

(4) Private applicators applying space fumigants must obtain the space fumigation classification described in WAC 16-228-1545 (3)(a)(xiii).

(5) Private applicators applying soil fumigants must obtain the soil fumigation classification described in WAC 16-228-1545 (3)(a) (xii).

(6) A passing score of 70 percent is established for the examinations required under this section. The department may establish separate passing scores for the examinations if a validated process is used. Passing scores are valid for obtaining a license in the calendar year in which the examination is taken plus the following calendar year.

(7) The department may waive the examination requirements contained in this section for any person holding a valid certification with similar classifications from an EPA or Canadian approved federal, state, or provincial certification program with comparable examination and recertification standards.

History

Statutory Authority: RCW 17.21.030(2) and 15.58.040(2). WSR 25-22-065, s 16-228-1546, filed 10/31/25, effective 1/1/26. Statutory Authority: RCW 15.58.040, 17.21.030, and chapter 34.05 RCW. WSR 16-24-052, § 16-228-1546, filed 12/2/16, effective 1/2/17. Statutory Authority: RCW 15.58.040, 17.21.060, and chapter 34.05 RCW. WSR 14-24-031, § 16-228-1546, filed 11/21/14, effective 12/22/14. Statutory Authority: RCW 17.21.060, 15.58.040, chapter 34.05 RCW and 2012 2nd sp.s. c 7. WSR 13-02-024, § 16-228-1546, filed 12/20/12, effective 1/20/13. Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1546, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-24-013, § 16-228-1546, filed 11/27/00, effective 12/28/00.

Wash. Admin. Code § 16-228-15461 Standards for certification of private applicators.

(1) To qualify for a private applicator license, an individual must demonstrate practical knowledge of the principles and practices of pest control associated with the production of agricultural commodities and effective use of restricted use pesticides including the following:

(a) Knowledge of the state and federal laws governing pesticide use including understanding the Worker Protection Standard in WAC 16-228-233.

(b) General pesticide label comprehension to include:

(i) General format and terminology of pesticide labels and labeling;

(ii) Understanding instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels and labeling;

(iii) Understanding that it is a violation of state and federal law to use any pesticide in a manner inconsistent with its labeling;

(iv) Understanding when a certified applicator must be physically present at the site of application based on labeling requirements;

(v) Understanding labeling requirements for supervising noncertified applicators working under the direct supervision of a certified applicator;

(vii) Understanding the meaning of product classification as either general or restricted use;

(viii) Understanding and complying with notification requirements specific to the product;

(ix) Recognizing and understanding the difference between mandatory and advisory labeling language.

(i) Understanding the difference between acute and chronic toxicity;

(ii) Understanding that a pesticide's risk is a function of exposure and the pesticide's toxicity;

(iii) Understanding the different routes of exposure and how they may occur;

(iv) Common types and causes of pesticide mishaps;

(v) Precautions to prevent injury to applicators and other individuals in or near treated areas;

(vi) The need for and proper use of protective clothing and personal protective equipment;

(vii) Symptoms of pesticide poisoning;

(viii) First aid and other procedures to be followed in case of a pesticide mishap;

(ix) Proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers including precautions to be taken to prevent children from having access to pesticides and pesticide containers.

(d) Environmental fate of pesticides and the potential consequences of the use and misuse of pesticides including the influence of the following:

(i) Weather and other climatic conditions;

(ii) Types of terrain, soil, or other substrate;

(iii) Presence of fish, wildlife, and other nontarget organisms;

(iv) Drainage patterns.

(e) Proper identification and effective control of pests including the following:

(i) Importance of correctly identifying target pests and selecting the proper pesticide product for effective pest control;

(ii) Verifying that the label does not prohibit the use of the product to control the target pest.

(f) Characteristics of pesticides including the following:

(i) Types of pesticides and pesticide formulations;

(ii) Compatibility, synergism, persistence, and animal and plant toxicity of the formulations;

(iii) Hazards and residues associated with use;

(iv) Factors that influence effectiveness or lead to problems such as pesticide resistance;

(v) Dilution procedures.

(g) Application equipment including the following:

(i) Types of equipment and the advantages and limitations of each type;

(ii) Use, maintenance, and calibration procedures.

(h) Selecting appropriate application methods including the following:

(i) Methods to apply various forms and formulations of pesticides;

(ii) Knowledge of which application method to use in a given situation and that certain uses require additional certification;

(iii) How selection of application method and use of a pesticide may or may not result in proper use;

(iv) Prevention of drift and pesticide loss into the environment.

(i) Knowledge of the responsibilities of certified applicators supervising noncertified applicators including the following:

(i) Understanding and complying with requirements in WAC 16-228-1548 for private applicators who directly supervise noncertified applicators using restricted use pesticides;

(ii) Providing use-specific instructions to noncertified applicators using pesticides under the direct supervision of a certified applicator;

(iii) Explaining appropriate state, tribal, and federal laws and regulations to noncertified applicators working under the direct supervision of a certified applicator.

(j) Understanding the importance of stewardship including the following:

(i) Maintaining chemical security for restricted use pesticides;

(ii) How to communicate information about pesticide exposures and risks with agricultural workers, handlers, and other individuals.

(k) Practical knowledge of pest control applications to agricultural commodities including the following:

(i) Specific pests of relevant agricultural commodities;

(ii) How to avoid contamination of ground and surface waters;

(iii) Understanding preharvest and restricted entry intervals and other entry-restricted periods and areas;

(iv) Understanding specific pesticide toxicity and residue potential when pesticides are applied to animal or animal product agricultural commodities;

(v) Relative hazards associated with using pesticides on animals or places in which animals are confined based on formulation, application technique, age of animal, stress, and extent of treatment.

(2) In addition to satisfying the requirements of subsection (1) of this section, private applicators, limited private applicators, and rancher private applicators must demonstrate through written examination practical knowledge of the principles and practices of pest control and proper and effective use of pesticides for each of the areas of pesticide use specified in WAC 16-228-1546(2).

(a) Aerial pest control: Minimum competency standards for this classification for private applicators are equivalent to those listed in WAC 16-228-15451 (2)(a).

(b) Aquatic pest control: Minimum competency standards for this classification for private applicators are equivalent to those listed in WAC 16-228-15451 (2)(d).

(c) Soil fumigation: Minimum competency standards for this classification for private applicators are equivalent to those listed in WAC 16-228-15451 (2)(k).

(d) Space (nonsoil) fumigation: Minimum competency standards for this classification for private applicators are equivalent to those listed in WAC 16-228-15451 (2)(l).

History

Statutory Authority: RCW 17.21.030(2) and 15.58.040(2). WSR 25-22-065, s 16-228-15461, filed 10/31/25, effective 1/1/26.

Wash. Admin. Code § 16-228-1547 Dealer manager license requirements.

(1) To qualify for a dealer manager license, an individual must pass a dealer manager examination. The examination shall be written and taken without the aid of any materials that contain information relevant to the exam content. Individuals must be capable of independently reading and interpreting exam content.

(2) A passing score of 70 percent is established for the examination required under this section. The department may establish a separate passing score for the examination if a validated process is used. Passing scores are valid for obtaining a license in the calendar year in which the examination is taken plus the following calendar year.

History

Statutory Authority: RCW 17.21.030(2) and 15.58.040(2). WSR 25-22-065, s 16-228-1547, filed 10/31/25, effective 1/1/26. Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1547, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-24-013, § 16-228-1547, filed 11/27/00, effective 12/28/00.

Wash. Admin. Code § 16-228-1548 Requirements for direct supervision of noncertified applicators by certified applicators.

(1) General requirements:

(a) The certified applicator must meet the following general requirements before supervising the use of federal restricted use pesticides by a noncertified applicator:

(i) The certified applicator must have practical knowledge of applicable state and federal supervisory requirements including any requirements on the product label and labeling regarding use of pesticides by noncertified applicators.

(ii) The certified applicator must be certified in each classification applicable to the use being supervised.

(b) The certified applicator must ensure that each noncertified applicator using a pesticide under the direct supervision of the certified applicator meets all the following requirements:

(i) The noncertified applicator has met all the qualification requirements listed in subsection (2) of this section.

(ii) The noncertified applicator has been instructed in the last 12 months in the safe operation of any equipment they will be using for mixing, loading, transferring, or applying pesticides.

(iii) The noncertified applicator has met the minimum age required to use pesticides under the supervision of the certified applicator. The noncertified applicator must be at least 18 years of age except that the noncertified applicator may be at least 16 years of age if all the following are met in addition to any applicable minimum age requirements under the worker protection standard:

(A) The noncertified applicator is using the restricted use pesticide under the direct supervision of a certified private applicator who is an immediate family member as defined in WAC 16-233-016(20).

(B) The pesticide is not a federal restricted use fumigant.

(c) The certified applicator must ensure that all the following are met before allowing a noncertified applicator to use a pesticide under their direct supervision:

(i) The certified applicator must ensure that the noncertified applicator has access to the applicable product labeling at all times during its use.

(ii) The certified applicator must ensure that any noncertified applicator has clean labeling-required personal protective equipment in proper operating condition when the labeling requires that personal protective equipment be worn for mixing, loading, applying, or any other use activities. The certified applicator must also ensure that the personal protective equipment is worn and used correctly for its intended purpose.

(iii) Before use of a pesticide, the certified applicator must provide to each noncertified applicator instructions specific to the site and pesticide used. These instructions must include labeling directions, precautions, and requirements applicable to the specific use and site and how the characteristics of the use site and the conditions of application might affect the risk of adverse effects. The certified applicator must provide this information in a manner that the noncertified applicator can understand.

(iv) The certified applicator must ensure that before each day of use, equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer and can be used without risk of adverse effects to the noncertified applicator, other individuals, or the environment.

(v) The certified applicator must ensure that a means to immediately communicate with the certified applicator is available to each noncertified applicator using pesticides under their direct supervision.

(vi) All certified applicators except private applicators, limited private applicators, and rancher private applicators must be physically present at the site of application when supervising any type of application, except when general use pesticides are applied using nonapparatus type equipment in forest situations. All certified applicators must be physically present at the site of the use being supervised when required by the product labeling.

(2) Before any noncertified applicator uses a federal restricted use pesticide under the direct supervision of a certified applicator, in addition to the general requirements listed in subsection (1) of this section, the supervising certified applicator must ensure that the noncertified applicator has met one of the following qualifications:

(a) The noncertified applicator has been trained in accordance with subsection (3) of this section within the last 12 months.

(b) The noncertified applicator has met the training requirements for an agricultural handler under WAC 16-233-201 within the last 12 months.

(c) The noncertified applicator is currently a certified applicator but is not certified to perform the type of application being conducted or is not certified in the jurisdiction where the use will take place.

(3) Requirements for training programs for noncertified applicators applying federal restricted use pesticides under the direct supervision of a certified applicator:

(a) General noncertified applicator training must be presented to noncertified applicators either orally from written materials or audiovisuals. The information must be presented in a manner that the noncertified applicator can understand. The person conducting the training must be present during the entire training program and must respond to the noncertified applicator's questions.

(b) The person who conducts the training must meet one of the following requirements:

(i) Trainer must be currently licensed as an applicator under this chapter.

(ii) Trainer must be currently designated as a trainer of certified applicators or pesticide handlers by the director.

(iii) Trainer must have completed an approved pesticide safety train-the-trainer program for trainers of handlers under the worker protection standard, chapter 16-233 WAC.

(c) The noncertified applicator training materials include the information that noncertified applicators need in order to protect themselves, other individuals, and the environment before, during, and after making a restricted use pesticide application. The noncertified applicator training materials must include, at a minimum, the following:

(i) Potential hazards from toxicity and exposure that pesticides present to noncertified applicators and their families, including acute and chronic effects, delayed effects, and sensitization.

(ii) Different routes of exposure and how they may occur.

(iii) Signs and symptoms of pesticide poisoning.

(iv) Routing and emergency first aid and decontamination procedures including:

(A) Emergency eye flushing techniques.

(B) Steps to follow after dermal exposure to pesticides such as washing with soap and water, shampooing hair, and changing into clean clothes.

(v) How and when to obtain emergency medical care.

(vi) Potential hazards from pesticide residues on clothing and shoes and precautions to take to avoid exposure.

(vii) Potential hazards to children and pregnant women from pesticide exposure.

(viii) How to report suspected pesticide use violations to the director or other appropriate agency responsible for pesticide enforcement.

(ix) Format and meaning of information contained on pesticide labels and in labeling applicable to the safe use of the pesticide, including the location and meaning of the restricted use pesticide statement, how to identify when the labeling requires the certified applicator to be physically present during the use of the pesticide, and information on personal protective equipment.

(x) The need for and appropriate use of personal protective equipment.

(xi) How to recognize, prevent, and provide first-aid treatment for heat-related illness.

(xii) Safety requirements and restrictions for handling, transporting, storing, and disposing of pesticides including general procedures for spill cleanup.

(xiii) The potential for environmental consequences of the use and misuse of pesticides including factors such as drift, runoff, and wildlife hazards.

(xiv) Restrictions on the use of restricted use pesticides and who can apply them.

(xv) Restrictions on taking pesticides or pesticide containers used at work to the home.

(xvi) The responsibilities of the certified applicator as specified in subsection (1)(c) of this section.

(4) Recordkeeping.

(a) Certified applicators except private applicators, limited private applicators, and rancher private applicators, prior to directly supervising the use of federal restricted use pesticides, must create or verify the existence of records documenting that each noncertified applicator has the qualifications required in subsection (2) of this section. For each noncertified applicator, the records must contain the information appropriate to the method of qualification:

(i) If the noncertified applicator was trained in accordance with subsection (3) of this section, the record must contain all the following information:

(A) The noncertified applicator's printed name and signature;

(B) The date the noncertified applicator met the training requirement;

(D) The title and description of the training provided.

(ii) If the noncertified applicator was trained in accordance with subsection (2)(b) of this section, the record must contain all the information required by WAC 16-233-201(4).

(iii) If the noncertified applicator is a certified applicator who is not certified to perform the type of application being conducted or not certified in the jurisdiction where the use will take place, the record must include all the following information:

(A) The noncertified applicator's name;

(B) The noncertified applicator's license number;

(D) The certifying authority that issued that license.

(b) Certified applicators except for private applicators, limited private applicators, and rancher private applicators must create or verify the existence of the record containing the required information specified in (a) of this subsection before allowing the noncertified applicator to use federal restricted use pesticides under their direct supervision.

(c) Certified applicators, except for private applicators, limited private applicators, and rancher private applicators, supervising any noncertified applicator must have access to records documenting the information required in (a) of this subsection at the certified applicator's principal place of business for two years from the date the certified applicator used the federal restricted use pesticide.

(d) Private applicators supervising noncertified applicators must comply with training records recordkeeping requirements specified in WAC 16-233-201.

History

Statutory Authority: RCW 17.21.030(2) and 15.58.040(2). WSR 25-22-065, s 16-228-1548, filed 10/31/25, effective 1/1/26.

Wash. Admin. Code § 16-228-1550 Apparatus display sign requirements.

(1) A certified applicator making a landscape application shall display the name and telephone number of the applicator or applicator's employer on any apparatus.

(2) A certified applicator making a right of way application shall display the name and telephone number of the applicator or the applicator's employer and the words "vegetation management application" on any apparatus.

(3) Apparatus license plates, as provided for in chapter 17.21 RCW, shall be attached to and prominently displayed on the apparatus for which they have been issued: Provided that an apparatus license plate may be affixed to a vehicle which contains the particular apparatus. Attached plates shall be clearly visible and in a location easily accessible for inspection by the department.

(4) Lettering of the apparatus display signs shall be, at a minimum, two inches in height and shall be printed in color contrasting to the background.

History

Statutory Authority: RCW 17.21.030(2) and 15.58.040(2). WSR 25-22-065, s 16-228-1550, filed 10/31/25, effective 1/1/26. Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1550, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1550, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1570 What are the circumstances when certification permits are used?

(1) Private applicator certification, demonstration and research applicator certification, user permits and private-commercial applicator licenses shall be considered as certified applicator permits as provided for in RCW 17.21.030 and 15.58.040 (2)(h).

(2) User permits may be issued by the director as temporary applicator certification in emergency situations. User permits will be issued in a form prescribed by the director, which shall include the following:

(a) Permit number

(b) Date of issuance

(d) Name and address of certified applicator

(e) Crop or site and area to which the pesticide will be applied

(f) Amount of pesticide obtained

(g) Any other information prescribed by the director.

(3) Pesticide dealers shall keep user permits for a period of one year from the date of issuance, and the director shall have access to these records upon request.

History

Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1570, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1570, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1585 Are ground maintenance persons exempt from licensing?

Grounds maintenance persons are exempt from licensing requirements as a commercial pesticide applicator, as provided under chapter 17.21 RCW, only if they perform ground maintenance on an occasional basis not amounting to a regular occupation. Exempted persons shall only perform pesticide applications to the grounds of residential dwellings and shall only use home and garden products.

History

Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1585, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1585, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-1590 What are the licensing requirements for pesticide dealers and dealer-manager businesses?

(1) When more than one pesticide dealer is engaged in the business from the same outlet or location, each pesticide dealer shall obtain a license for said outlet or location.

(2) A licensed pesticide dealer manager shall be available to the staff, customers, and department representatives at all times that an outlet or location distributes pesticides. A dealer manager may be the designated dealer manager of more than one outlet or location only if the dealer manager can be physically present at both outlets or locations during all times of pesticide distribution and handling.

History

Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1590, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. WSR 99-22-002, § 16-228-1590, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 16-228-2005 Wood destroying organism inspections and reporting criteria.

All persons required to be licensed to conduct wood destroying organism (WDO) inspections must comply with the rules set forth in this chapter.

(1) Purpose: This section will define terms associated with WDO inspections, identify the types of and specify the uses for WDO inspections and reports, and establish minimum rules under which WDO inspections must be conducted and reports written in the state of Washington.

(2) Definitions: The definitions set forth in this section must apply throughout unless the context otherwise requires. Definitions contained in this section are nonexclusive to other uses in expanded or contracted form found elsewhere in the RCW or the Washington Administrative Code (WAC).

(a) Accessible areas: Areas typically and routinely visible by normal access.

(b) Conducive debris: Cellulose or noncellulose material that provides no structural support but can be a source of food or provide a habitat for WDOs. This definition includes, but is not limited to, tree roots, stumps, formboards, scrap wood, paper, wood product, paper product, or other natural or manufactured product.

(c) Complete wood destroying organism inspection: Inspection for the purpose of determining evidence of infestation, damage, or conducive conditions as part of the transfer, exchange, or refinancing of any structure in Washington state. Complete WDO inspections must also include any WDO inspection that is conducted as the result of telephone solicitation by an inspection, pest control, or other business, even if the inspection would fall within the definition of a specific WDO inspection.

(d) Conducive conditions: Conditions that may lead to or enhance an infestation of WDOs.

(e) Detached structure: Separate structure that is not physically connected to the subject structure by a foundation or roof system.

(f) Earth: Includes, but is not limited to, soil, decorative bark, gravel, rock, or other landscape materials.

(g) Excluded area: Area not inspected and therefore, not included in a WDO inspection.

(h) Frass: Specifically, solid larval insect excrement, but can include by-products of insect feeding or tunneling activity in wood or insulation materials.

(i) Inaccessible areas: Parts of a structure that cannot be inspected without excavation or the physical removal of objects are inaccessible and may be subject to infestation by WDOs. Such areas include, but are not limited to, wall voids, spaces between floors, areas concealed by insulation, substructures with clearances less than eighteen inches between unimproved ground and wood joists or the bottom of wood structural floors without joists or, less than twelve inches between unimproved ground and wood girders, substructures with insufficient clearance between structural members and/or ducts and piping and the finished grade to permit passage by an inspector for the purposes of a WDO inspection, floors beneath coverings, sleeper floors, areas concealed by furniture, appliances, and/or personal possessions, exterior wood decks with less than a five-foot clearance, locked rooms, or areas that imperil the health or safety of the inspector. These rules will not require inspectors to make extraordinary efforts to gain access to areas deemed inaccessible by the inspector. Inaccessible areas are, by their nature, excluded from the inspection.

(j) Inadequate ventilation: Condition promoting the retention of excessive moisture in substructures or other confined spaces and identified by, but not limited to, the presence of metal rust, condensation, mold, mildew, or fungal growth.

(k) Specific wood destroying organism inspection: Inspection of a structure for purposes of identifying or verifying evidence of an infestation of WDOs prior to pest management activities.

(l) Person is defined as any individual, partnership, association, corporation, or organized group of persons whether or not incorporated.

(m) Structure: A single building that includes any exterior attached decks, walks, stairways, or porches. For the purposes of this definition, entry and exit decks to manufactured homes are considered to be a part of the structure.

(n) Wood: Any material used in a structure that can be damaged by WDOs.

(o) Wood destroying organism: Insects or fungi that will consume, excavate, develop in, or otherwise modify the integrity of wood or wood products. For the purposes of this section, WDOs include, but are not limited to, carpenter ants, moisture ants, subterranean termites, dampwood termites, beetles in the family Anobiidae, and wood decay fungi (wood rot).

(p) Wood destroying organism inspection: The service of inspecting a building for the presence of WDOs, their damage, or conducive conditions leading to their development. For purposes of these rules, a WDO inspection must be defined as either a "complete WDO inspection" or a "specific WDO inspection."

(q) Wood destroying organism inspection report: The written opinion of an inspector licensed by the WSDA and based upon what was visible and evident at the time of an inspection.

(r) WSDA: Washington state department of agriculture.

History

Statutory Authority: RCW 15.58.040 and chapter 34.05 RCW. WSR 02-24-025, § 16-228-2005, filed 11/27/02, effective 12/28/02.

Wash. Admin. Code § 16-228-2015 Wood destroying organisms.

(1) Evidence of WDOs found during an inspection must be described in all complete and specific WDO inspection reports. Report terminology must include, but is not limited to, the following:

(a) Carpenter ants: Carpenter ants must be reported as carpenter ants or carpenter ant activity when one or more of the following are found on or in any accessible area of the inspected structure. The report must identify approximate location and type of evidence found. Evidence indicating the presence of carpenter ants includes, but is not limited to:

(i) Live carpenter ants or carpenter ant carcasses.

(ii) An accumulation of frass unique to carpenter ants.

(iii) Excavation or tunneling unique to carpenter ants.

(b) Moisture ants: Moisture ants must be reported as moisture ants or moisture ant activity when one or more of the following are found on or in any accessible area of the inspected structure. The report must identify approximate location and type of evidence found. Evidence indicating the presence of moisture ants includes, but is not limited to:

(i) Live moisture ants or moisture ant carcasses.

(ii) An accumulation of frass unique to moisture ants.

(iii) Excavation or tunneling unique to moisture ants.

(c) Subterranean termites: Subterranean termites must be reported as subterranean termites or subterranean termite activity when one or more of the following are found on or in any accessible area of the inspected structure or, within three feet of the structure. The report must identify approximate location and type of evidence found. Evidence indicating the presence of subterranean termites includes, but is not limited to:

(i) Live subterranean termites, including winged reproductive forms.

(ii) Galleries or fecal material, unique to subterranean termites, in structural members.

(iii) Mud tubes, unique to subterranean termites, on or in the structure.

(iv) Evidence of subterranean termite activity found on or in form wood, other nonstructural materials, or wood products in landscape materials.

(d) Dampwood termites: Dampwood termites must be reported as dampwood termites or dampwood termite activity when one or more of the following are found on or in any accessible area of the inspected structure. The report must identify approximate location and type of evidence found. Evidence indicating the presence of dampwood termites includes, but is not limited to:

(i) Live dampwood termites, including winged reproductive forms.

(ii) Galleries or fecal material unique to dampwood termites.

(iii) Evidence of dampwood termite activity found on or in form wood, cellulose debris, other nonstructural materials, or wood products.

(e) Anobiid beetles: Anobiid beetles must be reported as anobiid beetles or anobiid beetle activity when one or more of the following are found on or in any accessible area of the inspected structure. The report must identify approximate location and type of evidence found. Evidence indicating the presence of anobiid beetles includes, but is not limited to:

(i) Circular, 1/16th to 1/8th inch (1.5 to 3 mm) emergence holes made by adult beetles in structural timbers.

(ii) An accumulation of frass, unique to anobiid beetles, in and around adult beetle emergence holes or beneath the wood where emergence holes are present.

(iii) Wood displaying the characteristic tunnels formed by anobiid beetle larvae.

(f) Wood decay fungi: Wood decay fungi must be reported as wood decay fungi or wood rot. The report must identify approximate location and type of evidence found. Conditions indicating that wood decay fungi, or damage attributable to these fungi, must be reported when one or more of the following are found on or in any accessible area of the structure subject to inspection. Evidence indicating the presence of wood decay fungi includes, but is not limited to:

(i) Wood or wood products containing visible damage unique to wood decay fungi.

(ii) Wood or wood products in which fungal bodies are developing.

(2) Adult beetle emergence holes, unique to wood infesting species in the families Buprestidae, Cerambycidae, and Lyctidae, may be reported for clarification purposes at the discretion of the inspector.

(3) Signs of wood decay fungi, such as brown pocket rot, and the marine mollusk (Teredo, shipworm) that may have occurred prior to the manufacturing or processing of lumber must, when observed, be reported as a nonreinfesting species or condition.

History

Statutory Authority: RCW 15.58.040 and chapter 34.05 RCW. WSR 02-24-025, § 16-228-2015, filed 11/27/02, effective 12/28/02.

Wash. Admin. Code § 16-228-2025 Conducive conditions.

(1) Conducive conditions found during a complete WDO inspection must be noted in the complete WDO inspection report.

(2) Conducive conditions include, but are not limited to, the following:

(a) Earth in direct contact with wood or inadequate clearance between earth and any wood or material subject to damage from moisture.

(b) Vegetation, in direct contact with the exterior of a structure, which may contribute to moisture or damage by WDOs.

(d) Conducive debris in substructures.

(e) Bare or unimproved ground in substructures.

(f) Standing water or evidence of seasonal standing water in a substructure.

(g) Failed or missing caulk or grout at water splash areas.

(h) Moisture from plumbing leaks, lack of ventilation, or other sources that may contribute to damage by WDOs.

History

Statutory Authority: RCW 15.58.040 and chapter 34.05 RCW. WSR 02-24-025, § 16-228-2025, filed 11/27/02, effective 12/28/02.

Wash. Admin. Code § 16-228-2035 Complete wood destroying organism inspections.

(1) Any WDO inspection conducted by any person pursuant to the sale, exchange, or refinancing of real property or, as a result of telephone solicitation by an inspection, pest control, or other business, must be a complete WDO inspection and must be performed by individuals required to be licensed. Such inspections will be conducted in accordance with the rules established by this chapter.

(2) Inspectors must make a thorough inspection of accessible areas that are not specifically excluded in the report. Inspectors will not be required to place themselves into a position or gain access to any portion of a structure that may cause physical injury or otherwise imperil their health and safety. Access to structures should be restricted to the use of accepted methods and practices.

(3) Substructure crawl areas must be inspected when accessible. Inaccessibility of substructure crawl areas due to inadequate clearance, the presence of ducting or piping, foundation walls, partitions or other such conditions that block access must be explained in the inspection report and annotated on the report diagram. The report findings must state that inaccessible substructure crawl areas may be vulnerable to infestation by WDOs and should be made accessible for inspection.

(4) Limits of inspections: Complete WDO inspections will identify conditions present at a subject property at the time of an inspection. Inspectors are not required to report on any WDO infestation or other condition that might be subject to seasonal constraints or environmental conditions if evidence of those constraints or conditions is not visible at the time of the inspection.

History

Statutory Authority: RCW 15.58.040 and chapter 34.05 RCW. WSR 02-24-025, § 16-228-2035, filed 11/27/02, effective 12/28/02.

Wash. Admin. Code § 16-228-2045 Complete wood destroying organism inspection reports.

(1) Any report that identifies damage or infestation by WDOs or, conditions conducive to damage or infestation by WDOs pursuant to the sale, exchange, or refinancing of any structure or, as a result of telephone solicitation by an inspection, pest control, or other business, must be a complete WDO inspection report and must comply with this section. The terms "Report" or "report" as used in this section will mean a complete WDO inspection report.

(2) Report form: A written report may take any form in presentation, provided that all elements of this section are included and identifiable.

(3) A complete WDO inspection report must be issued to the person paying for and/or otherwise requesting the inspection.

(4) Report contents: Reports must contain the information identified in this section, when and where applicable.

(a) Washington state department of agriculture inspection control number (WSDA ICN): A WSDA ICN must be obtained in accordance with the provisions of RCW 15.58.450 and be prominently displayed in the upper third of the front page of each report. This number must be unique to the structure(s) subject to the report. The assigned WSDA ICN must follow the original report and supplemental reports (if any) pertaining to the sale, exchange, or refinancing activity on a property for a specific client. A new WSDA ICN must be issued for any subsequent sale, exchange, or refinancing activity.

(b) Date: The date the inspection was conducted must be provided on the first page of the report.

(c) Parties involved in the real estate transaction: The name of the property owner, their designated representative, or purchaser of the inspection report must be identified on the first page of the report.

(d) Address of structure inspected: The complete address will include, but is not limited to, building number, street name, city, and state and must be identified on the first page of the report. Where multiple structures at a property may have the same basic address, a building letter, unit number, or other recognizable method must be used to identify the specific building inspected.

(e) Inspector: The name of the inspector and WSDA license number must be provided on the first page of the report.

(5) Report of findings: A complete WDO inspection report must detail the findings of the inspector. The following minimum conditions, where applicable, must be in the body of the report.

(a) Damage and/or infestation by WDOs: The report must identify any damage or infestation by WDOs on or in the structure.

(b) Conditions conducive to damage and/or infestation by WDOs must be explained in narrative form in accordance with the provisions of WAC 16-228-2025. When evidence of moisture ants, dampwood termites, wood infesting anobiids, or wood decay fungi is detected during a complete WDO inspection, the inspector must identify and report the condition(s) conducive to such infestations. It must be stated in the report that such infestations may be eliminated by removal of all infested wood and correction of any contributing conducive conditions.

(c) When reporting conducive conditions, the inspector must describe the condition and annotate the diagram with an approximate location of that condition. Provided that; if conducive conditions within the interior of the structure can be clearly described in the report findings, diagramed representation of such conditions is not required.

(d) Inaccessible areas will be fully identified in narrative form where such areas are annotated on the report diagram.

(e) Excluded areas: The report must list all excluded areas not already defined in WAC 16-228-2005 (2)(i) as inaccessible.

(6) Diagrams: A diagram must be prepared for each inspection report. Upon request, a copy must be provided to the person paying for and/or otherwise requesting the inspection.

(a) A diagram is not required when there are no findings as described in WAC 16-228-2015 and 16-228-2025.

(b) Scaled diagrams are not required; however, diagrams must reasonably resemble the perimeter or footprint of the building being inspected and legibly convey any information that is a required part of the diagram.

(d) Diagrams must identify the approximate location of WDOs, damage, and/or conducive conditions leading to an infestation of WDOs.

(e) Where abbreviations are used on a diagram, a legend must be provided to explain the abbreviations.

(f) When a diagram is not provided as part of the report, the following statement must appear in a prominent location. "WAC 16-228-2045 requires that a diagram be prepared for WDO inspection reports. A copy is available upon request."

(g) Locations for this statement include, but are not limited to, the following:

(i) Above or beneath the WSDA ICN;

(ii) On written documents such as preinspection agreements or attachments to the report.

(h) This statement must stand out by having larger print than the main body of the report, be highlighted, or be in bold print.

(7) Excluded areas must be annotated on the diagram.

(8) A record of all complete WDO inspection reports prepared for real estate transactions or resulting from telephone solicitation must be maintained on file by the inspecting firm for a period of four years. Upon written request, these records must be made available to the WSDA.

History

Statutory Authority: RCW 15.58.040 and chapter 34.05 RCW. WSR 02-24-025, § 16-228-2045, filed 11/27/02, effective 12/28/02.

Wash. Admin. Code § 16-228-2050 Specific wood destroying organism inspections.

(1) Specific WDO inspections must only be conducted by individuals licensed in the classification of pest control operator structural specified in WAC 16-228-1545 (3)(a)(vii) or structural pest inspector specified in WAC 16-228-1545 (3)(a)(xiii). Such inspections will be conducted in accordance with the rules established by this section.

(2) A specific WDO inspection must be conducted in conjunction with any proposal or estimate for prevention or control of WDOs.

(3) When no evidence of infestation is observed and any proposed treatment is for preventative purposes only, a statement explaining such a situation must stand out by having larger print than the main body of the report, be highlighted, underlined, or be in bold print and be signed by the property owner or their designated representative.

History

Statutory Authority: RCW 15.58.040, 17.21.030, and chapter 34.05 RCW. WSR 16-24-052, § 16-228-2050, filed 12/2/16, effective 1/2/17. Statutory Authority: RCW 15.58.040 and chapter 34.05 RCW. WSR 02-24-025, § 16-228-2050, filed 11/27/02, effective 12/28/02.

Wash. Admin. Code § 16-228-2060 Specific wood destroying organism inspection reports.

(1) A specific WDO inspection report must be completed in conjunction with any proposal or estimate for prevention or control of WDOs. Pest management activities performed under an existing warranty will not require the preparation of a specific WDO inspection report.

(2) A specific WDO inspection report must not be construed as a complete WDO inspection report or, in any case, be used in lieu of a complete WDO inspection report for the sale, exchange, or refinancing of real property. A statement explaining the restriction against use in real estate transactions must stand out by having larger print than the main body of the report, be highlighted, underlined, or be in bold print on all specific WDO inspection reports.

(3) Report form: A specific WDO inspection report may take any written form in presentation, provided that all elements of this section are identifiable.

(4) A specific WDO inspection report must be issued to the person requesting the inspection.

(5) Report contents: Specific WDO inspection reports will contain the information identified in this section, when and where applicable.

(a) The name of the owner (or their representative) requesting the inspection or estimate for pest management of WDOs must be provided on the first page of the report.

(b) Date: The date the inspection was conducted must be provided on the first page of the report.

(c) Address of structure inspected: The complete address will include, but is not limited to, building number, street name, city, and state and must be identified on the first page of the report. Where multiple buildings at a property may have the same basic address, a building letter, unit number, or other recognizable method must be used to identify the specific building inspected.

(d) Inspector: The name of the inspector and WSDA license number must be provided on the first page of the report.

(6) Report of findings: A specific WDO inspection report must detail the findings of the inspector. The following minimum conditions, where applicable, must be in the body of the report.

(a) The report must include a statement describing the presence of, or signs of, infestation by WDOs that were identified and resulted in the proposal or estimate. Approximate location(s) of the WDOs or signs of infestation(s) reported on or in the structure must be clearly identified on a diagram. If the proposed treatment is for preventative purposes only, the report must so state. All WDOs must be identified by their proper name as described in WAC 16-228-2005.

(b) When a proposal or estimate is prepared for the treatment of moisture ants, dampwood termites, wood infesting beetles, or wood decay fungi the inspector must, where possible, identify and report the condition(s) conducive to such infestations. It must be stated in the report that infestations of such WDOs may be eliminated by removal of all infested wood and correction of any contributing conducive conditions.

(7) Diagrams: A diagram must be prepared for each inspection report and must accompany that report.

(a) A diagram is not required when there are no findings as described in WAC 16-228-2015 and 16-228-2025.

(b) Scaled diagrams are not required however, diagrams must reasonably resemble the perimeter or footprint of the building being inspected and legibly convey any information that is a required part of the diagram.

(d) Where abbreviations are used on a diagram, a legend must be provided to explain the abbreviations.

(8) A record of all specific WDO inspection reports must be maintained on file by the inspecting firm for a period of one year. Upon request, these records must be made available to the WSDA.

History

Statutory Authority: RCW 15.58.040 and chapter 34.05 RCW. WSR 02-24-025, § 16-228-2060, filed 11/27/02, effective 12/28/02.

Chapter 16-229 Secondary and operational area containment for bulk pesticides.

Wash. Admin. Code § 16-229-010 Definitions.

The definitions set forth in this section shall apply throughout this chapter unless the context otherwise requires:

(b) Threes time the diameter of the supply piping, if the horizontal distance between the supply pipe and a vertical surface (sidewall) is less than or equal to three times the diameter of the supply pipe, or if the horizontal distance between the supply pipe and intersecting vertical surfaces (sidewalls) is less than or equal to four times the diameter of the supply pipe and in no case less than one and one-half inches.

(2) "Approved reduced pressure principle backflow prevention assembly (RPBA)" means an RPBA of a make, model and size that is approved by the Washington state department of health.

(3) "Appurtenances" means all valves, pumps, fittings, pipes, hoses, metering devices, and mechanical devices which are connected to a storage container, or which are used to transfer a material into or out of such container.

(4) "Bulk pesticide" means any registered pesticide which is transported or held in an individual container in undivided quantities of greater than 55 U.S. gallons liquid measure or 100 pounds net dry weight.

(5) "Certified engineer" means a licensed professional engineer, registered in the state of Washington in the discipline in which they are practicing.

(6) "Department" means the Washington state department of agriculture.

(7) "Discharge" means a spill, leak, or release, accidental or otherwise, from a storage container, container or appurtenance. It does not include a fully contained transfer of pesticide which is made pursuant to sale, storage, distribution or use.

(8) "Dry pesticide" means pesticide which is in solid form prior to any application or mixing for application, and includes formulations such as dusts, wettable powders, dry flowable powders, granules, and water dispersible granules.

(9) "Liquid pesticide" means pesticide in liquid form, and includes solutions, emulsions, suspensions, slurries, and pesticide rinsates.

(10) "Mini bulk pesticide" means an amount of liquid pesticide greater than 55 gallons but not exceeding 500 gallons which is held in a single container designed for ready handling and transport, which has been filled by the original pesticide manufacturer or repackager, and to which no substance has been added by any person.

(11) "Not technically feasible" means compliance is not physically or technically possible or feasible, and/or compliance cannot be achieved without compromising operational safety, and/or significantly compromising operational access. Monetary cost of compliance alone shall not be sufficient for the department to determine that compliance is not technically feasible.

(12) "Operational area" means an area or areas where pesticides are transferred, loaded, unloaded, mixed, repackaged, refilled or where pesticides are cleaned, or rinsed from containers or application, handling, storage or transportation equipment.

(14) "Permanent mixing/loading site" means a site (location) at which more than 300 gallons of liquid pesticide (formulated product) or 3,000 pounds of dry pesticide or at which a total of 1,500 pounds of pesticides as active ingredients are being mixed, repackaged or transferred from one container to another within a calendar year: Provided, that wood preservative application systems already regulated by 40 C.F.R., Parts 264.570-575 and Parts 265.440-445 shall be exempt.

(15) "Permanent storage facility" means a location at which liquid bulk pesticide in a single container or aggregate quantities in excess of 500 U.S. gallons or dry bulk pesticide in undivided quantities in excess of 2,000 pounds is held in storage: Provided, that mini-bulk pesticide containers are exempt from this chapter.

(16) "Pesticide" means, but is not limited to:

(a) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, snail, slug, fungus, weed, and any other form of plant or animal life or virus, except virus on or in a living person or other animal which is normally considered to be a pest or which the director may declare to be a pest;

(b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; and

(d) For the purpose of establishing permanent mixing/loading site threshold values petroleum oils and products containing only Kaolin clay as the active ingredient are exempt from this chapter.

(17) "Primary containment" means the storage of liquid or dry bulk pesticide in storage containers at a permanent storage facility.

(18) "Rinsate" means the liquid generated from the rinsing of any equipment or container that has come in direct contact with any pesticide, including: Recovered sedimentation, washwater, contaminated precipitation, or other contaminated debris.

(19) "Secondary containment" means a device or structure designed, constructed, and maintained to hold or confine a discharge of a liquid pesticide from a permanent storage facility.

(20) "Storage container" means a container, including a rail car, nurse tank or other mobile container, that is used or intended for the storage of bulk liquid or dry pesticide. It does not include a mobile container at a storage facility for less than 15 days if this storage is incidental to the loading or unloading of a storage container at the bulk pesticide storage facility. Storage container does not include underground storage containers or surface impoundments such as lined ponds or pits.

(21) "Substantially similar protection" means alternative containment and management practices that prevent or control releases to the environment to the same or similar degree as the protections afforded by full compliance with this chapter.

(22) "Temporary field storage" means a storage container with the capacity to store 2,500 gallons or less of bulk liquid pesticide that remains in the same location for no more than 14 consecutive days in any six-month period. Provided, that temporary field storage containers used to store soil fumigants shall be allowed a maximum capacity of 10,000 gallons or less. Containers must be chemically compatible with the material, which is being stored. Such containers can remain in the same location for no more than 14 consecutive days in any six-month period. Liquid bulk pesticide application tanks directly attached to an apparatus for the purpose of chemigation are exempt from this chapter.

(23) "Washwater" means the liquid generated from the rinsing of the exterior of any equipment, containers or secondary containment or operational areas which have or may have come in direct contact with any pesticide.

History

Statutory Authority: RCW 17.21.030 and 43.01.160. WSR 24-22-036, s 16-229-010, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 17.21.030 (1)(a) and chapter 34.05 RCW. WSR 05-05-036, § 16-229-010, filed 2/11/05, effective 3/14/05. Statutory Authority: RCW 15.58.040, 17.21.030, chapter 34.05 RCW. WSR 03-09-034, § 16-229-010, filed 4/8/03, effective 5/9/03. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-23-074, § 16-229-010, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-010, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-015 Penalties.

Any person who fails to comply with any provisions of this chapter shall be subject to denial, suspension, or revocation of any license, registration, or permit provided for in chapters 15.58 and 17.21 RCW and/or imposition of a civil penalty as provided therein.

History

Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-015, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-020 Secondary containment of liquid bulk pesticides—General requirements.

Primary storage of bulk liquid pesticides at a permanent storage facility shall be located within secondary containment designed to prevent the release of discharged pesticides. Secondary containment shall consist of:

(1) A wall and liner with a sloped floor as provided in WAC 16-229-030 and 16-229-040; or

(2) A prefabricated facility as provided in WAC 16-229-050.

History

Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-23-074, § 16-229-020, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-020, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-025 Secondary containment of liquid bulk pesticides—Capacity.

(1) Secondary containment shall contain at least one hundred twenty five percent of the volume of the largest storage container within the area plus the displacement of all other tanks, appurtenances, and other items within the containment area.

(3) Secondary containment in operation prior to March 1, 1994, having a minimum capacity of one hundred ten percent of the volume of the largest storage container within the area plus the displacement of all other tanks, appurtenances and other items within the containment area shall be considered to be in compliance with this section: Provided, That upon alteration to the containment or increase of storage container volume the secondary containment shall be brought into full compliance with the specific capacity requirements of this section.

History

Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-23-074, § 16-229-025, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-025, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-030 Secondary containment of liquid bulk pesticides—Walls and floors.

(1) The secondary containment floor shall slope to one or more liquid tight collection points or sumps that allows spilled or deposited materials to be easily removed.

(a) [Shall be designed to withstand a full hydrostatic head of any discharged liquid]

(b) Shall have sufficient thickness and chemical resistance to contain a release until it is recovered.

(c) Shall be constructed and maintained to a permeability standard of 1x10-6 cm/sec as determined by ASTM test method D-5084 Measurement of Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter or other test method approved by the department;

(d) Shall have sufficient structural strength to maintain the containment's integrity under normally anticipated loadings;

(e) Shall be chemically compatible with the materials being stored; and

(f) Shall be properly sealed to prevent leakage.

Wash. Admin. Code § 16-229-040 Secondary containment of liquid bulk pesticides—Synthetic liners.

(1) A synthetic liner may be used to meet the applicable standards set forth in WAC 16-229-030.

(2) Synthetic liners shall be chemically compatible with the materials being stored within the permanent storage facility and have a minimum thickness of 30 mils +/- 1 mil. A written confirmation of compatibility and a written estimate of the life of the liner from the manufacturer shall be kept on file at the permanent storage facility or the nearest local office from which the permanent storage facility is administered.

(3) Synthetic liners shall be installed under the supervision of a qualified representative of the manufacturer, a contractor certified by the manufacturer, or a certified engineer. All field constructed seams shall be tested, and repaired if necessary, in accordance with the manufacturer[']s recommendations.

Wash. Admin. Code § 16-229-050 Secondary containment of liquid bulk pesticides—Prefabricated facilities.

(1) Prefabricated secondary containment shall be composed of a rigid prefabricated basin having both a base and walls constructed of steel or synthetic materials which are resistant to corrosion, puncture or cracking. Materials used in the secondary containment shall be chemically compatible with the products being stored within the secondary containment. A written confirmation of compatibility from the basin manufacturer shall be kept on file at the permanent storage facility or at the nearest local office from which the permanent storage facility is administered.

(2) The prefabricated secondary containment shall be designed and installed to withstand all foreseeable loading conditions, including the tank load and a full hydrostatic head of any discharged liquid. Multiple basins connected to provide the capacity required in WAC 16-229-025 shall be connected in a manner which assures an adequate transfer of discharged liquid between basins.

History

Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-23-074, § 16-229-050, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-050, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-060 Secondary containment of liquid bulk pesticides—Discharge outlets or valves.

Secondary containment including prefabricated secondary containment, shall not have discharge outlets or valves. Discharge outlets or valves on existing secondary containment shall be sealed. Secondary containments may be interconnected.

History

Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-23-074, § 16-229-060, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-060, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-070 Secondary containment of liquid bulk pesticides—Storage with other material.

(1) No material may be stored within pesticide secondary containment unless the material is compatible with all other material stored within the secondary containment. For the purposes of this section, compatible means that the materials, when mixed together, will not react in a manner that will cause a human health or environmental hazard.

History

Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-23-074, § 16-229-070, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-070, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-080 Secondary containment of liquid bulk pesticides—Precipitation accumulations.

Precipitation may not be allowed to accumulate in secondary containment to the point where it:

(2) Increases corrosion of storage containers or appurtenances; or

(3) Impairs the stability of storage containers.

History

Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-23-074, § 16-229-080, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-080, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-090 Secondary containment of liquid bulk pesticides—Recovery of discharges.

Discharges within secondary containment shall be immediately recovered.

History

Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-23-074, § 16-229-090, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-090, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-100 Primary containment of bulk liquid pesticides—Permanent storage facility.

Permanent storage facility general requirements:

(1) Storage containers and appurtenances shall be constructed, installed and maintained so as to prevent the discharge of liquid pesticide.

(2) Storage containers and appurtenances shall be constructed of materials which are resistant to corrosion, puncture or cracking.

(3) Materials used in the construction or repair of storage containers and appurtenances may not be of a type which react chemically or electrolytically with stored liquid pesticide in a way which may weaken the storage container or appurtenances, or create a risk of discharge.

(4) Metals used for valves, fittings and repairs on metal containers shall be compatible with the metals used in the construction of the storage container, so that the combination of metals does not cause or increase corrosion which may weaken the storage container or its appurtenances, or create a risk of discharge.

(6) Every pesticide storage container connection, except a safety relief valve connection, shall be equipped with a manual shut-off valve located on the storage container or at a distance from the storage container dictated by standard engineering practice.

(7) Appurtenances shall be adequately supported to prevent sagging and possible breakage because of gravity and other forces encountered in the ordinary course of operation.

(8) Pesticide storage containers and appurtenances shall be protected against reasonably foreseeable risks of damage by trucks and other moving vehicles or objects.

(9) Tanks designed as underground storage tanks shall not be used as above ground storage tanks for pesticide unless they are designed and approved for above ground use or have been inspected and approved by a certified engineer. A record of the inspection and approval shall be maintained as a permanent record.

History

Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-100, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-110 Primary containment of bulk liquid pesticides—Prohibition against underground storage.

No person shall store liquid bulk pesticide, pesticide spills or rinsates in an underground storage container or surface impoundment, such as a lined pond or pit. A watertight catch basin or sump used for the temporary collection of rinsate or runoff from transfer and loading areas is exempt from this section.

History

Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-23-074, § 16-229-110, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-110, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-120 Primary containment of bulk liquid pesticides—Abandoned storage containers.

(1) Storage containers used at a permanent storage facility, or used for temporary field storage to hold liquid bulk pesticide or pesticide rinsate are considered abandoned if they have been out of service for more than six consecutive months because of a weakness or leak, or have been out of service for any reason for more than two years without an integrity test having been performed.

(2) Abandoned underground storage containers containing pesticides which meet the definition of hazardous substance underground storage tank system in chapter 173-360 WAC are subject to the applicable requirements in that chapter.

(4) Abandoned above ground storage containers shall be posted with a clearly legible tag with the words "Out of Service."

(5) Abandoned storage containers shall not be allowed to be put back in service on the same site without first installing secondary containment protection.

History

Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-23-074, § 16-229-120, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-120, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-130 Primary containment of bulk liquid pesticides—Anchoring of storage containers.

Storage containers shall be secured, if necessary, to prevent flotation or instability which might occur as a result of liquid accumulations within a secondary containment facility.

History

Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-23-074, § 16-229-130, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-130, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-140 Primary containment of bulk liquid pesticides—Filling storage containers.

Storage containers may not be filled beyond the capacity for which they are designed, taking into account the density of the liquid being stored and thermal expansion during storage.

History

Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-140, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-150 Primary containment of bulk liquid pesticides—Liquid level gauging device.

(1) Every storage container shall be equipped with a liquid level gauging device by which the level of liquid in the storage container can be readily and safely determined.

(2) A liquid level gauging device is not required if the level of liquid in a storage container can be reliably measured by other means.

(3) Liquid level gauging devices shall be secured, in a safe manner, to protect against breakage or vandalism which may result in a discharge.

(4) External sight gauges are prohibited unless they are equipped with an automatic shut-off valve.

History

Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-150, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-160 Primary containment of bulk liquid pesticides—Venting requirements.

Storage containers used for liquid bulk pesticide shall be equipped with a conservation vent which opens and closes within the designed pressure limits of the container.

History

Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-160, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-170 Primary containment of bulk liquid pesticides—Security.

All bulk pesticide storage containers and appurtenances shall be fenced or otherwise secured to provide reasonable protection against vandalism or unauthorized access. Valves on storage containers shall be closed and locked or otherwise secured when left unattended. Locks on end valves shall be considered adequate security for containers and appurtenances. For purposes of this section, unattended means there is no employee on the property for a period of twelve hours or longer.

History

Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-170, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-180 Primary containment of bulk pesticides—Labeling.

(1) All bulk pesticide storage containers shall be labeled in accordance with the Washington Pesticide Control Act (chapter 15.58 RCW) and the Federal Insecticide, Fungicide and Rodenticide Act. The registered product label shall be attached to the bulk storage container in a prominent location. The label shall be designed to remain intact and legible through active use of the container.

(2) All bulk pesticide storage containers shall bear a label or placard in accordance with Uniform Fire Code Standard No. 79-3, identifying the materials therein.

(3) All bulk pesticide storage containers used for temporary field storage shall be labeled with the owner's name, the capacity of the tank, and an identifying number. Lettering shall be a minimum of two inches in height and in a color contrasting to the background.

(4) All bulk pesticide storage containers used for temporary field storage shall have attached, in a weather-proof enclosure, a record of the date the storage container was put in place.

History

Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-23-074, § 16-229-180, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-180, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-200 Primary containment of bulk liquid pesticides—Temporary field storage.

(1) Containers used for temporary field storage of liquid bulk pesticide shall comply with the following sections: WAC 16-229-100, 16-229-110, 16-229-120, 16-229-140, 16-229-150, 16-229-160, and 16-229-180.

(2) All bulk pesticide storage containers and appurtenances used for field storage shall be inspected for leakage and soundness daily when in use.

(3) Valves on storage containers shall be closed and locked or otherwise secured when left unattended.

(4) The physical location and identifying number of all temporary field storage shall be provided to the department upon request.

(5) The department may issue a permit to extend the time temporary field storage may be in one place during any six-month period due to weather related conditions upon written request. No advisory group review, pursuant to WAC 16-229-310(2) is required for this type of permit.

History

Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-23-074, § 16-229-200, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-200, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-210 Operational area containment of liquid pesticides—Permanent storage facility.

(2) Operational area containment shall be designed and constructed to contain pesticides, rinsates, washwater and other materials spilled or deposited during mixing, loading, unloading, draining, [and] rinsing [and washing] activities.

(a) Are designed to withstand a full hydrostatic head of any discharged liquid;

(b) Have sufficient thickness and chemical resistance to contain a release until it is recovered.

(5) Operational area containment shall be constructed to withstand the weight of any vehicles or storage containers which will be on it.

(6) Operational area containment shall be constructed with sufficient surface area, using curbs or other means, to prevent any discharge from leaving the containment area.

(7) Operational area containment shall have a capacity of at least fifteen hundred gallons of containment. If no storage container or mobile storage container used at the operational area containment to transfer liquid bulk pesticides has a capacity of more than one thousand gallons, the operational area containment shall be of adequate size and design to contain one hundred twenty-five percent the capacity of the largest storage container, or mobile storage container used.

(8) Operational area containment shall slope to one or more liquid tight collection points or sumps that allows spilled or deposited materials to be easily recovered. An above ground storage container may be used in conjunction with the operational area containment to meet the capacity requirement. If an above ground storage container is used for temporary storage[,] the storage container shall be located within secondary containment. The storage container shall be clearly and conspicuously labeled "pesticide rinsate" followed by the major category of pesticide such as insecticide, herbicide, fungicide.

(9) Any pump used for recovering material from the operational area containment shall be manually activated.

Wash. Admin. Code § 16-229-220 Operational area containment of liquid pesticides—Temporary field storage.

(1) During loading and unloading of liquid bulk pesticide at temporary field storage locations individual basins or portable storage containers shall be used to recover spillage and leakage from transfer connections and pumps.

(2) Liquid bulk pesticide storage containers used for temporary field storage shall be located at least one hundred feet from wells and surface water, except, for purposes of this section, irrigation water flowing directly to a field, or on a field, is not considered surface water unless the water could be carried beyond the field being irrigated.

History

Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-23-074, § 16-229-220, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-220, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-230 Dry bulk pesticide storage and handling.

(1) Dry bulk pesticides shall be stored in storage containers designed and constructed to hold dry bulk pesticide and shall be compatible with the stored pesticide. Storage containers shall be constructed of materials which are resistant to corrosion, puncture or cracking and shall be properly maintained.

(2) Dry bulk pesticide storage containers shall be placed on pallets or a raised platform which is drained.

(3) Stored dry bulk pesticide shall be covered by a roof or tarpaulin except during loading or unloading operations.

(4) All loading, unloading, mixing and handling of dry bulk pesticide at the storage facility shall be done on a paved surface of a size and design that will contain the pesticide and allow for collection of spilled materials.

(5) Any spills of dry bulk pesticide onto the containment area shall be promptly cleaned up and recovered.

History

Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-230, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-240 Backflow prevention.

(2) Approved RPBA's shall be inspected and tested by a Washington state department of health certified backflow assembly tester, and approved air gaps shall be inspected by a Washington state department of health certified backflow assembly tester or cross-connection control specialist[:]

[(a)] At the time of installation, alteration or relocation, and at least on an annual schedule thereafter.

Wash. Admin. Code § 16-229-250 Rinsate management.

(1) Pesticide products, or rinsates spilled, or accumulated within a secondary or operational area facility, shall be immediately recovered. Any use of these materials shall be at labeled rates consistent with labeled end uses for the product(s). The materials may be stored for later use or as make-up water for pesticide applications.

(2) Any liquid that accumulates at a collection point or in a sump shall be removed within twenty-four hours when the facility is in operation.

(3) Recovered spills, sedimentation, rinsates, contaminated precipitation or other contaminated debris shall be contained and used per product label or properly disposed of. Pesticide containing materials shall not be released to the environment unless the release is an application per product label direction. Any disposal of these materials or captured washwater shall be consistent with the Hazardous Waste Management Act, chapter 70.105 RCW and the Water Pollution Control Act, chapter 90.48 RCW and shall be enforced by the Washington state department of ecology accordingly.

(4) If storage tanks are used to store rinsate, washwater or contaminated precipitation for later use the following records shall be kept.

(a) The date and amount of water put into the tank.

(b) The brand name(s) or active ingredient(s) of the pesticides contained in the water.

History

Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-250, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-260 Maintenance and inspection.

(1) The operator of a pesticide bulk storage facility shall inspect and maintain storage containers, appurtenances, secondary containment and operational area containment to minimize the risk of a pesticide release. The inspection shall include a visual observation for any evidence of leaks, spills, cracks, solar decay or wear.

(2) Maintenance of the pesticide bulk storage facilities shall be performed as needed to ensure that the integrity of the bulk pesticide storage containers, secondary containment and operational area containment is maintained.

(3) Bulk pesticide storage containers and appurtenances shall be inspected at least once per month when in use. Secondary containment and operational area containment shall be inspected at least once per month when in use.

(4) All secondary and operational area containment shall be maintained free of debris and foreign matter.

(5) A written record of all inspections and maintenance shall be made on the day of the inspection or maintenance and kept at the storage site or at the nearest local office from which the storage site is administered.

(6) Inspection records shall contain the name of the person making the inspection, the date of the inspection, conditions noted and maintenance performed.

History

Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-23-074, § 16-229-260, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-260, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-270 Recordkeeping requirements.

The following records shall be maintained at permanent storage facilities or at the nearest local office from which the permanent storage facility is administered:

(1) A record of construction materials and methods of construction to show compliance with WAC 16-229-025, 16-229-030, 16-229-040, 16-229-050, 16-229-060, and 16-229-210. These records shall be maintained as permanent records.

(3) A monthly inventory reconciliation showing the amount of liquid bulk pesticide from each storage container which is lost or unaccounted for at the end of each monthly period during which pesticide is stored in the container. These records shall be maintained for a period of at least three years.

(4) Inspection and maintenance records required by WAC 16-229-260. These records shall be maintained for a period of at least three years.

(5) Manufacturer's compatibility statements required by WAC 16-229-040 and 16-229-050. These records shall be maintained as permanent records.

(6) A copy of the [permanent storage] facility's spill response plan required by WAC 16-229-280. This record shall be maintained as a permanent document.

(7) Records required in WAC 16-229-250 for use or disposal of rinsate, washwater and contaminated precipitation. These records shall be maintained for a period of at least three years.

(8) Inspection records required by WAC 16-229-100(9). These records shall be maintained as permanent records.

(9) Records required by WAC 16-229-240, Backflow prevention.

Wash. Admin. Code § 16-229-280 Spill response plan.

The plan shall include the following elements:

(a) The identity and telephone numbers of the persons and agencies who are to be contacted in the event of a spill including persons responsible for the stored pesticide.

(b) For each pesticide stored at the permanent storage facility a complete copy of the storage container labeling required in WAC 16-229-180 and the labeling required to accompany sale of the pesticide under the Washington Pesticide Control Act, chapter 15.58 RCW.

(d) The procedures to be used for controlling and recovering, or otherwise responding to a spill for each type of bulk pesticide stored at the permanent storage facility.

(e) The procedures to be followed in using or disposing of a recovered spill.

(2) The spill response plan shall be kept current at all times.

(3) A copy of the spill response plan shall be kept readily available for inspection and use at the permanent storage facility or at the nearest local office from which the storage facility is administered and shall be available for inspection and copying by the department.

(4) A copy of the spill response plan shall be provided to the local fire department.

(5) Persons employed at permanent storage facilities shall be trained in spill response procedures pursuant to the spill response plan.

(6) Emergency equipment and supplies: Every permanent storage facility shall have access to pumps and recovery containers which can be used to control and recover spills. Pumps, recovery containers and persons capable of deploying and operating them shall be readily available in an emergency. Pumps and recovery containers may include those operated by a local fire department or other persons: Provided, That the use and availability of the pumps and recovery containers is arranged in advance as part of the spill response plan. Absorbent materials and other equipment suitable for the control and cleanup of smaller spills shall be available at the storage facility. The permanent storage facility shall maintain a list showing the types and locations of clean-up supplies and equipment. The list shall be maintained at the permanent storage facility or the nearest local office from which the facility is administered.

History

Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-23-074, § 16-229-280, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-280, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-310 Permits.

(1) The department may issue a permit exempting any person from a requirement under Part 2 of this chapter if compliance is not technically feasible in the judgment of the department and the department finds that alternative measures provide substantially similar protection. All information required to prove that substantially similar protection is possible shall be provided to the department by the person requesting the permit.

(2) At the request of the department, advisory group, or permittee an advisory group appointed by the director shall evaluate and advise the department on any requests for permits from the rule.

History

Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-23-074, § 16-229-310, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-310, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-400 Operational area containment at permanent mixing/loading sites.

(1) All operational area activities shall take place on or within operational area containment[:]

(a) Are designed to withstand a full hydrostatic head of any discharged liquid;

(b) Have sufficient thickness and chemical resistance to contain a release until it is recovered.

(5) Operational area containment shall be constructed to withstand the weight of any vehicles or storage containers which will be on it.

(6) Operational area containment shall be constructed with sufficient surface area, using curbs or other means, to prevent any discharge from leaving the containment area.

(7) Operational area containment shall be of adequate size and design to contain one hundred twenty-five percent the capacity of the largest storage container, or application equipment used at the facility up to a maximum of fifteen hundred gallons.

(8) Operational area containment constructed prior to March 1, 1994, and which have been constructed to contain one hundred ten percent of the capacity of the largest storage container or application equipment used at the facility shall be considered to be in compliance with this chapter.

(9) Operational area containment shall slope to one or more liquid tight collection points or sumps that allows spilled or deposited materials to be easily recovered. An above ground storage container may be used in conjunction with the operational area containment to meet the capacity requirement. If an above ground storage container(s) are used for temporary storage, the storage containers shall be located within operational area or secondary containment. The storage container shall be clearly and conspicuously labeled "pesticide rinsate" followed by the major category of pesticide such as insecticide, herbicide, fungicide.

(10) Any pump used for recovering material from the operational area containment shall be manually activated.

(11) The operational area containment shall not have a discharge outlet or valve. Discharge outlets or valves on existing operational areas shall be sealed. Operational area containments may be interconnected.

Wash. Admin. Code § 16-229-410 Backflow prevention.

(1) When piping within a permanent mixing/loading site is directly connected to a water source such as a well or public water system, an approved air gap or an approved reduced pressure principle backflow prevention assembly (RPBA) shall be installed to protect the water source. Approved air gaps and approved RPBA's shall be installed, operated, inspected and/or tested and maintained per WAC 246-290-490.

(2) Approved RPBA's shall be inspected and tested once per year by a Washington state department of health certified backflow assembly tester, and approved air gaps shall be inspected by a Washington state department of health certified backflow assembly tester or cross-connection control specialist[:]

(a) At the time of installation, alteration or relocation, and at least on an annual schedule thereafter.

Wash. Admin. Code § 16-229-420 Rinsate management.

(1) Pesticide products or rinsates spilled or accumulated within an operational area containment facility shall be immediately recovered. Any use of these materials must be at labeled rates consistent with labeled end uses for the product(s). The materials may be stored for later use or as make-up water for pesticide applications.

(2) Any liquid that accumulates at a collection point or in a sump shall be removed within twenty-four hours when the facility is in operation.

(4) If storage tanks are used to store rinsate, washwater or contaminated precipitation for later use the following records shall be kept.

(a) The date and amount of water put into the tank.

(b) The brand name(s) or active ingredient(s) of the pesticides contained in the water.

History

Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-420, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-430 Maintenance and inspection.

(1) The operator of a permanent mixing/loading site shall inspect and maintain storage containers, appurtenances, and operational area facilities to minimize the risk of a pesticide release. The inspection shall include a visual observation for any evidence of leaks, spills, cracks, solar decay or wear.

(2) Maintenance of the facilities shall be performed as needed to ensure that the integrity of the operational area containment facilities is maintained.

(3) Operational area facilities shall be inspected at least once per month when in use.

(4) Operational area facilities shall be maintained free of debris and foreign matter.

(5) A written record of all inspections and maintenance or repairs shall be made on the day of the inspection or maintenance and kept at the site or at the nearest local office from which the site is administered.

(6) Inspection records shall contain the name of the person making the inspection, the date of the inspection, conditions noted and maintenance performed.

History

Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-430, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-440 Recordkeeping requirements.

The following records shall be maintained at the permanent mixing/loading site or at the nearest local office from which the site is administered:

(1) A record of construction materials and methods of construction to show compliance with WAC 16-229-400. These records shall be maintained as permanent records.

(2) A record of the method(s) used to use or dispose of product or contaminated materials recovered from discharges outside the operational area containment facility. This record applies only to discharges required to be reported to the Washington state department of ecology by the Washington state dangerous waste regulations, chapter 173-303 WAC. These records shall be maintained for a period of at least three years.

(3) Inspection and maintenance records required by WAC 16-229-430. These records shall be maintained for a period of at least three years.

(4) Manufacturer's compatibility statements required by WAC 16-229-400 if synthetic materials are used in the construction of the facility. These records shall be maintained as permanent records.

(5) A copy of the spill response plan required in WAC 16-229-450. This record shall be maintained as a permanent document.

(6) Records required by WAC 16-229-420 for use or disposal of rinsate and contaminated precipitation. These records shall be maintained for a period of at least three years.

(7) Records required by WAC 16-229-240, Backflow prevention.

History

Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-440, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-450 Spill response plan.

(1) The operator of a permanent mixing/loading site shall prepare a written spill response plan for the facility. If all or portions of the information required by the spill response plan have been prepared for plans required by other government agencies they need not be prepared for this plan: Provided, That the information is readily accessible to emergency responders and department personnel. However, when copies of the plan are distributed all the required information shall be provided.

The plan shall include the following elements:

(a) The identity and telephone numbers of the persons and agencies who are to be contacted in the event of a spill.

(b) For each pesticide stored at the facility a complete copy of the storage container labeling required under this rule and the labeling required to accompany sale of the pesticide under the Washington Pesticide Control Act, chapter 15.58 RCW.

(d) The procedures to be used for controlling and recovering, or otherwise responding to a spill for each type of pesticide stored at the facility.

(e) The procedures to be followed in using or disposing of a recovered spill.

(2) The spill response plan shall be kept current at all times.

(3) A copy of the spill response plan shall be kept readily available for inspection and use at the facility or at the nearest local office from which the facility is administered and shall be available for inspection and copying by the department.

(4) Persons employed at permanent mixing/loading sites shall be trained in spill response procedures pursuant to the spill response plan.

(5) Emergency equipment and supplies: Absorbent materials and other equipment suitable for the control and cleanup of smaller spills shall be available at the facility. A list showing the types and locations of clean-up supplies and equipment shall be maintained at the permanent mixing/loading site or the nearest local office from which the site is administered.

History

Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-450, filed 11/2/93, effective 3/1/94.

Wash. Admin. Code § 16-229-480 Permits.

(1) The department may issue a permit exempting any person from a requirement under Part 3 of this chapter if compliance is not technically feasible in the judgment of the department and the department finds that alternative measures provide substantially similar protection. All information required to prove that substantially similar protection is possible shall be provided to the department by the person requesting the permit.

(2) At the request of the department, advisory group, or permittee an advisory group appointed by the director shall evaluate and advise the department on any requests for permits from this chapter.

History

Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-23-074, § 16-229-480, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-480, filed 11/2/93, effective 3/1/94.

Chapter 16-230 Use of chemicals and chemically treated materials in certain counties.

Wash. Admin. Code § 16-230-005 Adoption of national consensus code.

Adoption of provisions under the American Society of Agricultural and Biological Engineers (ASABE) standards in this chapter is adoption of the provisions in the July 2018 version.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-005, filed 12/26/18, effective 1/26/19.

Wash. Admin. Code § 16-230-008 Order of precedence.

If there is a conflict between the spray droplet spectrum size required in these rules and that which is required by the pesticide label, the applicator must use the largest droplet spectrum size required.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-008, filed 12/26/18, effective 1/26/19.

Wash. Admin. Code § 16-230-010 Restrictions on insecticides used on blossoming alfalfa, clover and mint.

For the purposes of WAC 16-230-010 through 16-230-079, the following pesticides have additional statewide use restrictions when applied to blossoming alfalfa, clover and mint.

| COMMON CHEMICAL NAME | ALSO KNOWN AS* | | --- | --- | | acephate | Orthene | | azinphos-methyl | Guthion | | carbaryl | Sevin | | carbofuran | Furadan | | chlorpyrifos | Lorsban | | diazinon | | | dimethoate | Cygon | | disulfoton | Di-Syston | | endosulfan | Thiodan | | fluvalinate | Spur | | formetanate hydrochloride | Carzol | | malathion | Fyfanon | | methidathion | Supracide | | methomyl | Lannate, Nudrin | | methoxychlor | Marlate | | methyl parathion | | | naled | Dibrom | | oxamyl | Vydate | | oxydemeton-methyl | Metasystox-R | | phorate | Thimet | | phosmet | Imidan | | trichlorfon | Dylox |

| * | This column is to be used only as a guide and may not include all brand or trade names under which these chemicals are distributed. | | --- | --- |

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-010, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-010, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 88-21-098 (Order 1989), § 16-230-010, filed 10/19/88
WSR 84-09-012 (Order 1818), § 16-230-010, filed 4/10/84
Order 1041, Regulations 2 and 3, filed 2/15/67, effective 3/20/67
Order 980, Regulations 2 and 3, filed 2/30/64
Order 916, Regulation 1, filed 4/22/63
Order 887, Regulation 1, filed 4/17/62.

Wash. Admin. Code § 16-230-015 Definitions and terms.

(1) The term "blossoming alfalfa, mint or clover" as used in WAC 16-230-010 through 16-230-082 shall apply when there are five or more blooms per square yard on the average in a given field: Provided, That following the first cutting the bloom count shall be taken only on the current crop. For the purpose of this rule, a "bloom" on clover or alfalfa is defined as any alfalfa raceme or clover head containing one or more open flowers. A "bloom" on mint is defined as any head or spike with one or more open (florets) flowers.

(2) The term "pollen shedding corn" as used in WAC 16-230-082 through 16-230-088 shall be that stage of growth when ten percent or more of the corn plants in any one quarter portion of a field are showing spike anthers.

(3) The time of sunrise and sunset shall be that of the official tables, U.S. Weather Bureau, Yakima, Washington.

(4) "Ready-to-use" means a pesticide that is applied directly from its original container consistent with label directions.

(5) "Picloram" means all registered pesticide products containing 4-amino-3,5,6-trichloropicolinic acid as the potassium salt. This formulation may be known as Tordon.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-015, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-015, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 84-09-012 (Order 1818), § 16-230-015, filed 4/10/84
Order 1041, Regulation 1, filed 2/15/67, effective 3/20/67
Order 980, Regulation 1, filed 4/6/65
Order 945, Regulation 1, filed 3/30/64.

Wash. Admin. Code § 16-230-030 Use restrictions for alfalfa and clover pesticide applications.

(1) The use or application of any formulation (except where the formulation is specified) of the following listed pesticides is prohibited on blossoming alfalfa and clover crops within seven days to blossoming: Provided, That methidathion (Supracide) when used in Kittitas County on timothy hay mixed with alfalfa and/or clover shall only be prohibited within three days to blossoming. See WAC 16-230-076 and 16-230-078 for additional restrictions in certain areas of Walla Walla County.

(a) Azinphos-methyl (Guthion)

(b) Carbaryl (Sevin)

(d) Dimethoate (Cygon)

(e) Methidathion (Supracide)

(2) The use or application of liquid formulations of chlorpyrifos (Lorsban), wettable powder formulations of naled (Dibrom), and liquid or wettable powder formulations of malathion (Fyfanon) and phorate (Thimet) applied as sprays on blossoming alfalfa or clover crops is restricted to applications only within the period beginning at two hours prior to sunset and ending at midnight of the same day.

(3) The use or application of any formulation (except where the formulation is specified) of the following pesticides is prohibited on blossoming alfalfa and clover crops:

(a) Carbaryl (Sevin) see subsection (1) of this section

(b) Diazinon

(d) Malathion (Fyfanon) ULV and dust

(e) Methyl parathion

(f) Naled (Dibrom) dust

(g) Phosmet (Imidan)

(4) The use or application of the following listed pesticides or any formulation thereof (except where the formulation is specified) on blossoming alfalfa and clover crops is restricted to applications only within the period beginning at two hours prior to sunset and ending at two and one-half hours after sunrise the following morning: Provided, That methomyl (Lannate or Nudrin) shall only be applied to blossoming clover crops pursuant to this rule, and its application to blossoming alfalfa is further restricted to applications only within the period beginning at two hours prior to sunset and ending at midnight the same day: Provided further, That the application of the following use restricted pesticides on blossoming alfalfa in Walla Walla County is further restricted to applications only within the period beginning at sunset and ending at two hours after midnight the following morning:

(a) Formetanate hydrochloride (Carzol)

(b) Naled (Dibrom) emulsifiable concentrate

(d) Endosulfan (Thiodan)

(e) Oxydemeton-methyl (Metasystox-R)

(f) Methomyl (Lannate or Nudrin)

(g) Methoxychlor (Marlate)

(h) Phorate (Thimet) granular

(i) Trichlorfon (Dylox)

(j) Oxamyl (Vydate)

(k) Fluvalinate (Spur)

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-030, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-030, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 88-21-098 (Order 1989), § 16-230-030, filed 10/19/88
WSR 88-08-050 (Order 1971), § 16-230-030, filed 4/4/88
WSR 84-09-012 (Order 1818), § 16-230-030, filed 4/10/84
Order 1041, Regulation 5, filed 2/15/67, effective 3/20/67
Order 980, Regulation 5, filed 4/6/65
Order 945, Regulation 5, filed 3/30/64
Order 916, Regulation 3, filed 4/22/63
Order 887, Regulation 3, filed 4/17/62.

Wash. Admin. Code § 16-230-075 Restrictions for blossoming mint pesticide applications.

The use or application of malathion dust on blossoming mint is prohibited. The use or application of malathion (Fyfanon) liquid, oxydemeton-methyl (Metasystox-R), and methomyl (Lannate or Nudrin) liquid on blossoming mint is restricted to applications only within the period beginning at two hours prior to sunset and ending at two and one-half hours after sunrise the following morning. The use or application of any formulation of acephate (Orthene) on blossoming mint is restricted to applications only within the period beginning at two and one-half hours prior to sunset and ending at midnight of the same day.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-075, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-075, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 88-21-098 (Order 1989), § 16-230-075, filed 10/19/88
WSR 84-09-012 (Order 1818), § 16-230-075, filed 4/10/84
Order 1041, Regulation 9, filed 2/15/67, effective 3/20/67
Order 980, Regulation 9, filed 4/6/65
Order 945, Regulation 9, filed 3/30/64.

Wash. Admin. Code § 16-230-076 Boundaries and restrictions for blossoming alfalfa, clover and mint for Area 1.

(1) Area 1 description. South central Walla Walla County - All lands lying within a line starting at the junction of the Washington-Oregon border and the Rainville Road; thence north along the Rainville Road to the Frog Hollow Road; thence west along the Frog Hollow Road to the McDonald Road; thence north along the McDonald and Bridge Road to State Highway 12; thence west along Highway 12 to the Woodward Canyon Road; thence north and west along the Woodward Canyon Road to the northeast corner of Section 24, T7N, R33E; thence west along the section lines to the northwest corner of Section 23, T7N, R32E; thence south along the section lines to the Walla Walla River; thence southerly along the Walla Walla River to its intersection with the west section line of Section 7, T6N, R33E; thence south along the section lines to the Washington-Oregon border; thence east along the border to the point of beginning.

(2) Area 1 restrictions. In addition to the restrictions in WAC 16-230-030, the use or application of azinphos-methyl (Guthion), carbofuran (Furadan), phosmet (Imidan), chlorpyrifos (Lorsban), and methidathion (Supracide) on alfalfa and clover crops, is prohibited after May 23rd of each year, and the use or application of dimethoate (Cygon) on alfalfa and clover crops is prohibited after May 30th of each year.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-076, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-076, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 88-21-098 (Order 1989), § 16-230-076, filed 10/19/88
WSR 84-09-012 (Order 1818), § 16-230-076, filed 4/10/84.

Wash. Admin. Code § 16-230-078 Boundaries and restrictions for blossoming alfalfa, clover and mint for Area 2.

(1) Area 2 description. South central Walla Walla County - All lands lying within a line starting at the junction of the Rainville Road and the Washington-Oregon border; thence north to the Frog Hollow Road; thence east along the Frog Hollow Road to the Valley Chapel Road; thence south along the Valley Chapel Road to the Washington-Oregon border; thence west along the border to the point of beginning.

(2) Area 2 restrictions. In addition to the restrictions in WAC 16-230-030, the use or application of azinphos-methyl (Guthion), carbofuran (Furadan), phosmet (Imidan), chlorpyrifos (Lorsban), and methidathion (Supracide) on alfalfa and clover crops, is prohibited after May 30th of each year, and the use or application of dimethoate (Cygon) on alfalfa and clover crops is prohibited after June 6th of each year.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-078, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-078, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 88-21-098 (Order 1989), § 16-230-078, filed 10/19/88
WSR 84-09-012 (Order 1818), § 16-230-078, filed 4/10/84.

Wash. Admin. Code § 16-230-079 Special permits for blossoming alfalfa, clover and mint pesticide applications.

The department may issue a permit upon receipt of a written request to apply use restricted pesticides listed in WAC 16-230-010 in variation of any restrictions listed in WAC 16-230-015, 16-230-030, and 16-230-075 through 16-230-078. The department will consider the hazard to pollinating insects before a permit is issued.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-079, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-079, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 88-08-050 (Order 1971), § 16-230-079, filed 4/4/88.

Wash. Admin. Code § 16-230-082 Restrictions on pesticides used on pollen shedding corn.

(1) The insecticides* carbaryl (Sevin), diazinon, endosulfan (Thiodan), fenvalerate (Pydrin), malathion (Fyfanon), methomyl (Lannate or Nudrin), methyl parathion, parathion, and permethrin (Ambush or Pounce) are by this order declared to be use restricted insecticides. Such insecticides are restricted in their use in Areas 1, 2 and 3 in eastern Washington.

(2) Area under order. Area 1 - Yakima County; Area 2 - Franklin, Adams and Grant counties; Area 3 - Area within Area 2 in Grant County.

| * | Listed trade names are to be used as a guide and may not include all the trade or brand names under which the chemicals are distributed. | | --- | --- |

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-082, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-082, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 84-09-013 (Order 1819), § 16-230-082, filed 4/10/84.

Wash. Admin. Code § 16-230-084 Restrictions in Areas 1 and 2 for pollen shedding corn insecticide applications.

(1) Area 1 description - Yakima County. This area includes all of the irrigable lands encompassed by a line beginning at the southwest corner of Section 18, T8N, R21E; thence north nine miles more or less to the southeast corner of Section 36, T10N, R20E; thence fifteen miles west more or less to the southwest corner of Section 34, T10N, R18E; thence north fifteen miles more or less to the northwest corner of Section 22, T12N, R18E; thence east four miles more or less to the Northern Pacific Railroad tracks; thence following the tracks southeast to the Oldenway Road; thence north along the Oldenway Road and section lines to the Yakima River; thence southeast along the Yakima River to Highway 22 north of Toppenish; thence north along Highway 22 to Highway 12 at Buena; thence southeasterly along Highway 12 to the southern section line of Section 31, T11N, R21E; thence south one-quarter mile more or less to the Yakima River; thence southeast along the Yakima River to the Sunnyside-Mabton Road; thence south one mile to the Boundary Road; thence southwest along the Boundary Road and the Yakima Indian reservation boundary to the northern section line of Section 22, T8N, R22E; thence west nine miles more or less to the point of beginning.

(2) Area 2 description - Franklin, Adams and Grant counties. This area includes all of the irrigable lands encompassed by a line beginning at Highway 12 and the Columbia River; thence north and west following the river the length of Franklin County and into Grant County to the junction of Grant-Douglas County line; thence north on Grant-Douglas County line to the fifth standard parallel north; thence east twenty-five miles more or less to Highway 17; thence southeast seventeen miles more or less on Highway 17 to Highway 90; thence east twelve miles more or less to Grant-Adams County line; thence south on county line twelve miles more or less to the southeast corner of Section 36, T17N, R30E (southeast corner of Grant County); thence south twelve miles more or less (in Adams County) along east boundary of Section 1, 12, 13, 24, 25, 36, T16N, R30E; thence south along east boundary of Sections 1, 12, 13, 24, 25, 36, T15N, R30E continuing south into Franklin County along east boundary of Section 1 and 12, T14N, R30E to southeast corner of said Section 12; thence west one mile to Highway 17 (Franklin County); thence south on Highway 17 seventeen miles more or less to junction with Highway 395; thence south on Highway 395 fifteen miles more or less to Highway 12; thence west and south four miles more or less to Columbia River to the point of beginning.

(3) Area 1 and 2 restrictions.

(a) On and after August 1st to October 1st of any given year, application of carbaryl (Sevin) (except Sevin XLR), methyl parathion and malathion dust in any combination on pollen shedding corn is prohibited.

(b) On and after August 1st to August 15th of any given year, application of diazinon, fenvalerate (Pydrin), endosulfan (Thiodan), Sevin XLR, methomyl (Lannate or Nudrin), malathion liquid, and permethrin (Ambush or Pounce) on pollen shedding corn is prohibited between the hours of 7:00 a.m. and 2:00 p.m.

(c) On and after August 15th to September 1st of any given year, application of diazinon, fenvalerate (Pydrin), endosulfan (Thiodan), Sevin XLR, methomyl (Lannate or Nudrin), malathion (Fyfanon) liquid, and permethrin (Ambush or Pounce) on pollen shedding corn is prohibited between the hours of 8:30 a.m. and 3:30 p.m.

(d) On and after September 1st to October 1st of any given year, application of diazinon, fenvalerate (Pydrin), endosulfan (Thiodan), Sevin XLR, methomyl (Lannate or Nudrin), malathion (Fyfanon) liquid, and permethrin (Ambush or Pounce) on pollen shedding corn is prohibited between the hours of 10:00 a.m. and 4:00 p.m.

(e) The application of microencapsulated methyl parathion shall be prohibited on all pollen shedding corn when properly marked honey bee apiaries occur within a six-mile radius of the pollen shedding corn to be treated.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-084, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-084, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 84-09-013 (Order 1819), § 16-230-084, filed 4/10/84.

Wash. Admin. Code § 16-230-086 Restrictions in Area 3 for pollen shedding corn insecticide applications.

(1) Area 3 description - Area within Area 2 in Grant County. This area includes all of the irrigable lands encompassed by a line beginning at the junction of West 645 wasteway and White Trail Road and proceeding east four miles more or less on White Trail Road to Winchester wasteway; thence southeast four miles more or less along Winchester wasteway to I-90; thence east on I-90 nine miles more or less to Potholes Reservoir; thence following the west shoreline southeast to the Frenchmen Hills wasteway; thence west along Frenchmen Hills wasteway fourteen miles more or less to its junction with West 645 wasteway; thence northwest and north fourteen miles more or less along West 645 wasteway to junction with White Trail Road, the point of beginning.

(2) Area 3 restriction. This area is unrestricted as to the use of carbaryl (Sevin), diazinon, endosulfan (Thiodan), fenvalerate (Pydrin), malathion (Fyfanon), methomyl (Lannate or Nudrin), methyl parathion, and permethrin (Ambush or Pounce) on pollen shedding corn: Provided, That the application of microencapsulated methyl parathion shall be prohibited on all pollen shedding corn when properly marked honey bee apiaries occur within a six-mile radius of the pollen shedding corn to be treated.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-086, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-086, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 84-09-013 (Order 1819), § 16-230-086, filed 4/10/84.

Wash. Admin. Code § 16-230-088 Permits granting a variance from restrictions.

Upon receipt of a written request and justification for a variance, the director of the Washington state department of agriculture may issue a permit granting a variance from restrictions pertaining to pollen shedding corn.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-088, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-088, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 84-09-013 (Order 1819), § 16-230-088, filed 4/10/84.

Wash. Admin. Code § 16-230-150 Areas under order for use restricted desiccants and defoliants.

(1) Area under order: All counties located east of the crest of the Cascade Mountains.

(2) Use restricted desiccants and defoliants: The following desiccants and defoliants are declared to be use restricted desiccants and defoliants in the area under order: Diquat; Paraquat; and Endothall.

(3) Additional restrictions apply for certain areas of Walla Walla County (see WAC 16-230-190).

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-150, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-150, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-08-058 (Order 2081), § 16-230-150, filed 4/2/91, effective 5/3/91
WSR 79-05-043 (Order 1598), § 16-230-150, filed 4/26/79
WSR 79-02-046 (Order 1591), § 16-230-150, filed 1/29/79
Order 1545, § 16-230-150, filed 11/30/77.

Wash. Admin. Code § 16-230-160 Desiccants and defoliants—Ground equipment—Droplet spectrum requirements for the entire area under order.

The following requirements apply to the entire area under order as listed in WAC 16-230-150:

(1) Ground applications of use restricted desiccants and defoliants shall conform to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the medium (or larger) range as defined by the ASABE standards.

(2) The Washington state department of agriculture may issue a permit upon receipt of a written request to apply use restricted desiccants and defoliants within the area as described in WAC 16-230-150 with nozzles, nozzle type, drift control additives, and/or arrangements other than those allowed herein. The director will consider safety factors and the possible exposure to susceptible crops in the areas of proposed application before a permit will be issued.

(3) Diesel and other fuel oils are prohibited in all tank mixes with desiccants and defoliants.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-160, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-160, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-08-058 (Order 2081), § 16-230-160, filed 4/2/91, effective 5/3/91
WSR 87-15-001 (Order 1938), § 16-230-160, filed 7/2/87
WSR 80-05-005 (Order 1682), § 16-230-160, filed 4/4/80
WSR 79-02-046 (Order 1591), § 16-230-160, filed 1/29/79
Order 1545, § 16-230-160, filed 11/30/77.

Wash. Admin. Code § 16-230-170 Desiccants and defoliants—Aerial equipment—Boom length, pressure, nozzle requirement, nozzle height of discharge and smoke device requirements for the entire area under order.

The following requirements apply to the entire area under order as listed in WAC 16-230-150:

(1) Boom length restrictions:

(a) Fixed wing: The working boom length shall not exceed 3/4 of the distance from the center of aircraft to wing tip on each side of aircraft.

(b) Helicopters: The working boom length shall not exceed 6/7 of the distance from the center of rotor to rotor tip on each side of the aircraft for rotors 40 feet or under or 3/4 of the distance from the center of rotor to rotor tip on each side of the aircraft where the rotor exceeds 40 feet while applying use restricted desiccants and defoliants.

(2) Aircraft applications shall conform to the manufacturer's specified combination of nozzles, pressure (psi), plates, nozzle orientation, and aircraft speed that produces a droplet class that falls within the coarse (or larger) range as defined by the ASABE standards.

(3) Height of discharge requirements by aircraft of use restricted desiccants and defoliants: The nozzles must be closed while either descending onto or ascending from the target field, and also ascending or descending over an obstacle or obstruction within the target field that would alter the height of application more than ten feet.

(4) Smoke device requirements: All aircraft applying use restricted desiccants and defoliants shall utilize a smoke device to determine wind directions and temperature inversion situations.

(5) The Washington state department of agriculture may issue a permit upon receipt of a written request to apply use restricted desiccants and defoliants within the area under order as described in WAC 16-230-150 with nozzles, nozzle type, drift control additives and/or arrangements other than those allowed herein. The director will consider safety factors and the possible exposure to susceptible crops in the areas of proposed application before a permit will be issued.

(6) Diesel and other fuel oils are prohibited in all tank mixes with desiccants and defoliants.

(7) Aerial applications of desiccants and defoliants are prohibited within a distance of one mile of the city limits of any incorporated city or town and the same distance from the center of any unincorporated city or town comprised of ten or more inhabited, closely grouped residences.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-170, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-170, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-08-058 (Order 2081), § 16-230-170, filed 4/2/91, effective 5/3/91. Statutory Authority: RCW 17.21.030. WSR 82-14-081 (Order 1767), § 16-230-170, filed 7/6/82. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-05-005 (Order 1682), § 16-230-170, filed 4/4/80
WSR 79-02-046 (Order 1591), § 16-230-170, filed 1/29/79
WSR 78-02-053 (Order 1548), § 16-230-170, filed 1/19/78
Order 1545, § 16-230-170, filed 11/30/77.

Wash. Admin. Code § 16-230-180 Weather and evening cutoff requirements for desiccants and defoliants.

The following requirements apply to the entire area under order as listed in WAC 16-230-150:

(1) Weather conditions: Use restricted desiccants and defoliants shall not be applied when there is a temperature inversion, or if wind or weather conditions are such that damage could result to susceptible crops or ornamentals: Provided, That aircraft applications of Paraquat shall be prohibited until the temperature inversion ceiling at the site of application is 1,000 feet or greater. Aircraft must be equipped with thermometers to detect the height of the inversion.

(2) Evening cutoff: All applications of use restricted desiccants and defoliants are prohibited from three hours prior to sunset to one hour after sunrise the following morning: Provided, That ground applications in Area 2 of Walla Walla County may begin at sunrise: Provided further, That ground applications may be allowed at other times by obtaining a written permit from the department.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-180, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-180, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-08-058 (Order 2081), § 16-230-180, filed 4/2/91, effective 5/3/91
WSR 80-05-005 (Order 1682), § 16-230-180, filed 4/4/80
WSR 79-02-046 (Order 1591), § 16-230-180, filed 1/29/79
Order 1545, § 16-230-180, filed 11/30/77.

Wash. Admin. Code § 16-230-190 Restrictions on the use of desiccants and defoliants in Walla Walla County.

The following restrictions shall apply in Walla Walla County:

(1) Area 1 description - Town of Walla Walla and vicinity: This area includes all lands lying within the town of Walla Walla and vicinity beginning at the Washington-Oregon border and the west section line of Section 15, T6N, R34E; thence north along section lines and McDonald Road approximately seven miles to the southwest corner of Section 3, T7N, R36E; thence east along section lines approximately twenty miles to the southeast corner of Section 1, T7N, R37E; thence south approximately seven miles to the Washington-Oregon border; thence west approximately fifteen miles to point of beginning.

(2) Area 1 restrictions:

During the period of February 15th through November 1st of any year, any aerial application of use restricted desiccants and defoliants must have prior approval by obtaining a written permit from the Washington state department of agriculture.

(3) Area 2 description - Southern portion of Walla Walla County: This area includes all lands lying within an area encompassed by a line beginning at the Washington-Oregon border and the west section line of Section 18, T6N, R33E; thence north along section lines approximately eight miles to the northwest corner of Section 7, T7N, R33E; thence west along section lines approximately nine miles to the southeast corner of Section 4, T7N, R34E; thence south along section lines approximately eight miles to the Washington-Oregon border; thence west along the border approximately nine miles to the point of beginning.

(4) Area 2 restrictions:

(a) Paraquat restrictions:

During the period of February 15th through November 1st of any year, any aerial application of Paraquat or any mixture containing Paraquat must have prior approval by obtaining a written permit from the Washington state department of agriculture.

(b) Diquat restrictions:

During the period of February 15th through November 1st of any year, any application of Diquat or any mixture containing Diquat is restricted to ground apparatus only.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-190, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-190, filed 5/9/07, effective 6/9/07. Statutory Authority: RCW 17.21.030 (b)(c) and 15.58.040(h). WSR 95-14-093 (Order 5071), § 16-230-190, filed 6/30/95, effective 7/31/95. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-08-058 (Order 2081), § 16-230-190, filed 4/2/91, effective 5/3/91
WSR 87-15-001 (Order 1938), § 16-230-190, filed 7/2/87
WSR 85-17-066 (Order 1871), § 16-230-190, filed 8/21/85
WSR 85-12-012 (Order 1858), § 16-230-190, filed 5/24/85
WSR 80-05-005 (Order 1682), § 16-230-190, filed 4/4/80
WSR 79-05-043 (Order 1598), § 16-230-190, filed 4/26/79
WSR 79-02-046 (Order 1591), § 16-230-190, filed 1/29/79
Order 1545, § 16-230-190, filed 11/30/77.

Wash. Admin. Code § 16-230-400 Area under order for use restricted herbicides in Spokane County.

(1) The area under order includes all lands lying within the borders of Spokane County. WAC 16-230-410 through 16-230-470 applies to the area under order.

(2) The distribution, use, and application of use restricted herbicides in the area under order shall comply with rules relating to the use of pesticides in chapter 16-228 WAC, and rules relating to use restricted herbicides in WAC 16-230-600 through 16-230-670.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-400, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-400, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-230-400, filed 2/26/91, effective 3/29/91
WSR 79-01-038 (Order 1585), § 16-230-400, filed 12/20/78.

Wash. Admin. Code § 16-230-410 Use restricted herbicides in Spokane County.

All formulations of phenoxy hormone-type herbicides, (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba are declared as use restricted herbicides except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

(2) Dry formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba labeled and intended only for home and garden use or for turf;

(3) Ready-to-use liquid formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba distributed in quantities of five gallons or less.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-410, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 09-21-006, § 16-230-410, filed 10/8/09, effective 11/8/09
WSR 07-11-041A, § 16-230-410, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-230-410, filed 2/26/91, effective 3/29/91
WSR 79-01-038 (Order 1585), § 16-230-410, filed 12/20/78.

Wash. Admin. Code § 16-230-420 Boundaries and restrictions for Spokane County Area 2.

(1) This area includes all lands lying within a boundary line starting at the intersection of state Highway 2 and Christianson Road; thence north two miles more or less to the northwest corner of Section 17, T25N, R41E; thence east five miles more or less to Hayford Road; thence north eight miles more or less to the northwest corner of Section 6, T26N, R41E; thence east ten miles more or less to the northeast corner of Section 3, T26N, R43E; thence south five miles more or less to the northeast corner of Section 34, T26N, R43E; thence east fourteen miles more or less to the Idaho-Washington border; thence south seven miles more or less to the common boundary line between T24N and 25N; thence west six miles more or less to Chapman Road; thence south one mile more or less along Chapman Road to the common boundary line between Sections 1 and 12, T24N, R44E; thence east thirteen miles more or less to the Cheney-Spokane Road; thence southwesterly along the Cheney-Spokane Road two miles more or less to the common boundary line between Sections 14 and 15, T24N, R42E; thence south one and one-half miles more or less to the southeast corner of Section 22, T24N, R42E; thence west one and one-half miles more or less to the Cheney-Spokane Highway; thence southerly one mile more or less along the Cheney-Spokane Highway to the common boundary line between Section 28 and 33, T24N, R42E; thence east six miles more or less to Interstate 90; thence southerly three miles more or less to the intersection of Interstate 90 and Salnave Road; thence northwesterly along the Salnave Road three miles more or less to its intersection with the Medical Lake-Tyler Road; thence north four miles more or less to the intersection of Hallet and Richey Road; thence east one mile more or less along Hallet Road to the intersection of Hallet Road and Brooks Road; thence north three miles more or less on Brooks Road to the intersection of Brooks Road and Highway 2; thence east one mile more or less along Highway 2 to the point of beginning.

(2) Area 2 restrictions.

(a) The use or application of low volatile ester formulations of use restricted herbicides is prohibited from May 1st through October 15th: Provided, That the department, upon written request, may issue a permit for the use of low volatile formulations for special weed control.

(b) The application of use restricted herbicides is prohibited from three hours prior to sunset to sunrise the next day: Provided, That lawn and turf residential weed control, using nonvolatile formulations are exempt from the evening cutoff.

(c) The aerial application of use restricted herbicides is prohibited within Area 2: Provided, That the department may issue a special permit, upon written request, for special weed control.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-420, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-420, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-03-039 (Order 1678), § 16-230-420, filed 2/20/80
WSR 79-01-038 (Order 1585), § 16-230-420, filed 12/20/78.

Wash. Admin. Code § 16-230-430 Boundaries and restrictions for Spokane County Area 3.

(1) An area within a distance of two-thirds of a mile of the city limits of incorporated cities and towns and the same distance from the center of any unincorporated town comprised of ten or more inhabited, closely grouped residences within Area 4 exclusive of Area 2.

(2) Area 3 restrictions. The aerial application of use restricted herbicides is prohibited within Area 3: Provided, That the department, upon written request, may issue a permit to allow aerial applications of nonvolatile formulations of use restricted herbicides up to one-half mile of the city limits of incorporated towns and cities and up to one-half mile of the center of any unincorporated towns comprised of ten or more inhabited closely grouped residences.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-430, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-430, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-03-039 (Order 1678), § 16-230-430, filed 2/20/80
WSR 79-01-038 (Order 1585), § 16-230-430, filed 12/20/78.

Wash. Admin. Code § 16-230-470 Application of use restricted herbicides prohibited in Spokane County due to wind conditions.

The use or application of use restricted herbicides shall be prohibited in the area under order when the mean sustained wind velocity is over twelve miles per hour throughout the year.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-470, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-470, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-230-470, filed 2/26/91, effective 3/29/91
WSR 87-09-015 (Order 1923), § 16-230-470, filed 4/6/87
WSR 79-01-038 (Order 1585), § 16-230-470, filed 12/20/78.

Wash. Admin. Code § 16-230-520 Use and application of picloram in Spokane County.

Picloram (Tordon) is hereby declared to be a restricted use pesticide and the use or application of any formulation of picloram shall be prohibited in the following portion of Spokane County: An area beginning at the intersection of Brooks Road and state Highway 902; thence northerly along the Brooks Road four miles more or less to state Highway 2; thence easterly along state Highway 2 four miles more or less to the Craig Road; thence northerly on Craig Road for 1/2 mile more or less to the Airway Heights city limits; thence easterly one mile more or less along the north boundary of the Airway Heights city limits; thence southerly 1/2 mile more or less along the east boundary of the Airway Heights city limits to state Highway 2; thence easterly one mile along state Highway 2 to the Hayford Road; thence southerly three miles more or less along the Hayford Road to state Highway 902; thence westerly along state Highway 902 to the point of beginning.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-520, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 15.57 and 17.21 RCW. WSR 79-07-091 (Order 1633), § 16-230-520, filed 6/29/79.

Wash. Admin. Code § 16-230-600 Areas under order for use restricted herbicides.

WAC 16-230-605 through 16-230-670 apply to all counties located east of the crest of the Cascade Mountains.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-600, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-600, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-03-041 (Order 1680), § 16-230-600, filed 2/20/80.

Wash. Admin. Code § 16-230-605 Additional county rules for use restricted herbicides.

The rules in WAC 16-230-600 through 16-230-670 shall not preclude any additional restrictions on the application of use restricted herbicides provided for in the rules for specific counties located east of the Cascade Mountains.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-605, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-605, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-230-605, filed 2/26/91, effective 3/29/91
WSR 80-03-041 (Order 1680), § 16-230-605, filed 2/20/80.

Wash. Admin. Code § 16-230-610 Use restricted herbicides in eastern Washington.

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below are use restricted herbicides.

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-610, filed 12/26/18, effective 1/26/19. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 14-08-095, § 16-230-610, filed 4/2/14, effective 5/3/14. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-610, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-230-610, filed 2/26/91, effective 3/29/91
WSR 80-03-041 (Order 1680), § 16-230-610, filed 2/20/80.

Wash. Admin. Code § 16-230-615 Restrictions on the sale and distribution of use restricted phenoxy-hormone type herbicides and dicamba in eastern Washington.

Phenoxy-hormone type herbicides and dicamba shall be sold and distributed only by licensed pesticide dealers to certified applicators or their duly authorized representatives except those listed in WAC 16-230-610 (1) and (2).

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-615, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-615, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-22-045, § 16-230-615, filed 10/26/00, effective 11/26/00
WSR 91-06-019 (Order 2073), § 16-230-615, filed 2/26/91, effective 3/29/91
WSR 87-09-015 (Order 1923), § 16-230-615, filed 4/6/87
WSR 80-03-041 (Order 1680), § 16-230-615, filed 2/20/80.

Wash. Admin. Code § 16-230-640 Use restricted herbicides—Eastern Washington—Weather and temperature conditions.

Use restricted herbicides shall not be applied on and after April 1st through October 31st of each year when there is a temperature inversion; or throughout the year if weather conditions are such that damage could result to adjacent and nearby towns, susceptible crops and plantings through physical drift or volatilization, or the temperature is 85°F. or above at the point of application: Provided, That application at the rate of fifty gallons or more per acre and conforming to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards shall be exempt from the 85°F. temperature cutoff requirement: Provided further, That when using an invert system, applications may occur up to 95°F. with a maximum wind velocity of fifteen miles per hour and with water carrier at twelve or more gallons per acre.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-640, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-640, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 88-05-033 (Order 1965), § 16-230-640, filed 2/12/88
WSR 87-09-015 (Order 1923), § 16-230-640, filed 4/6/87
WSR 80-03-041 (Order 1680), § 16-230-640, filed 2/20/80.

Wash. Admin. Code § 16-230-645 Evening cutoff for use restricted herbicides in eastern Washington.

On and after May 1st through October 31st of each year, the application of use restricted herbicides is prohibited daily from three hours prior to sunset to sunrise the following morning: Provided, That if there is a mean sustained legal wind velocity of not less than five miles per hour the application of use restricted herbicides is allowed in Areas 3 and 4 up to one hour prior to sunset in all counties as restricted by rule except Benton, Franklin, Yakima, and Walla Walla counties.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-645, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-645, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 87-09-015 (Order 1923), § 16-230-645, filed 4/6/87
WSR 80-03-041 (Order 1680), § 16-230-645, filed 2/20/80.

Wash. Admin. Code § 16-230-650 Permits for the application of certain use restricted herbicides.

The Washington state department of agriculture may issue a permit, upon receipt of a written request, to mix, load and apply certain use restricted herbicides with nozzles, nozzle type, control additives, or arrangements other than those required by rule.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-650, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-650, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 87-09-015 (Order 1923), § 16-230-650, filed 4/6/87
WSR 80-03-041 (Order 1680), § 16-230-650, filed 2/20/80.

Wash. Admin. Code § 16-230-655 Use restricted herbicides—Eastern Washington—Ground equipment application requirements.

Ground applications of use restricted herbicides shall conform to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the medium (or larger) range as defined by the ASABE standards: Provided, That a pressure of 50 psi at the nozzle is the maximum that can be used for handgun applications when no manufacturer specified combination of nozzle and pressure for droplet size are available for that equipment. Upon request by the department the applicator shall provide all data which supports the nozzle configuration is compliant with the spray droplet classifications of medium or larger.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-655, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-655, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 88-05-033 (Order 1965), § 16-230-655, filed 2/12/88
WSR 87-09-015 (Order 1923), § 16-230-655, filed 4/6/87
WSR 80-03-041 (Order 1680), § 16-230-655, filed 2/20/80.

Wash. Admin. Code § 16-230-665 Restrictions on aerial applications near vineyards.

(1) Aerial application of use restricted herbicides is prohibited within one mile of any commercial vineyard: Provided, That the Washington state department of agriculture may approve written requests and issue permit for aerial application of use restricted herbicides that may be applied to lands located one-half to one mile from commercial vineyards: Provided further, That no distance restrictions shall apply to aerial applications of use restricted herbicides near vineyards during the grape dormant season if written permission of the vineyard owner/manager is obtained.

(2) Commercial vineyard means a parcel of land from which the grape crop is intended to be sold to a processor, or intended to be used for commercial wine making, or intended for the commercial fresh market.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-665, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 15.58, 17.21, and 34.05 RCW. WSR 10-15-015, § 16-230-665, filed 7/8/10, effective 8/8/10
WSR 07-11-041A, § 16-230-665, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 87-18-060 (Order 1950), § 16-230-665, filed 9/1/87
WSR 80-03-041 (Order 1680), § 16-230-665, filed 2/20/80.

Wash. Admin. Code § 16-230-670 Use restricted herbicides—Eastern Washington—Aircraft boom length and application requirements.

In all counties restricted by rule the working boom length on fixed wing aircraft shall not exceed 3/4 of the wing span and the working boom length on helicopters shall not exceed 6/7 of the total rotor length or 3/4 of the total rotor length where the rotor length exceeds forty feet.

Aerial applications of use restricted herbicides shall conform to a combination of nozzles, pressure (psi), plates, nozzle orientation, and aircraft speed that produces a spray droplet class that falls within the coarse (or larger) range as defined by the ASABE standards. Upon request by the department the applicator shall provide all data which supports the nozzle configuration is compliant with spray droplet classifications of coarse (or larger).

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-670, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-670, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-230-670, filed 2/26/91, effective 3/29/91
WSR 80-03-041 (Order 1680), § 16-230-670, filed 2/20/80.

Wash. Admin. Code § 16-230-800 Area under order and restrictions for Benton County.

(1) The area under order includes: All lands lying within the boundaries of Benton County.

(2) The distribution, use, and application of use restricted pesticides in the area under order shall comply with rules relating to the use of pesticides in chapter 16-228 WAC, and rules relating to use restricted herbicides in WAC 16-230-600 through 16-230-670.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-800, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-800, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-230-800, filed 11/22/00, effective 12/23/00
WSR 89-16-073 (Order 2014), § 16-230-800, filed 7/31/89, effective 8/31/89.

Wash. Admin. Code § 16-230-810 Restrictions on the application of certain pesticides in Benton County.

For the purposes of WAC 16-230-800 through 16-230-868, the following pesticides are declared to be use restricted pesticides:

(1) Use restricted herbicides:*

(a) Sulfonylurea herbicides (such as Glean, Telar, Finesse, Escort);

(b) Desiccants and defoliants (such as Paraquat, Diquat, Endothall);

(d) Phenoxy hormone-type herbicides (such as 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)), except:

(i) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

(iii) Ready-to-use liquid formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba distributed in quantities of five gallons or less.

(e) Dicamba (such as Banvel);

(f) Bromoxynil except that the cutoff date of April 5th does not apply.

(2) Use restricted insecticides:

(a) Aerial applications of category I insecticides with the signal words danger/poison on the label, except granular and pellet formulations;

(b) Aerial applications of category I insecticides, except granular and pellet formulations in Area 1 and Area 1A.

*Listed trade names are to be used as a guide and may not include all the trade or brand names under which the chemicals are distributed.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-810, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-810, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-230-810, filed 11/22/00, effective 12/23/00
WSR 92-13-035, § 16-230-810, filed 6/10/92, effective 7/11/92
WSR 89-16-073 (Order 2014), § 16-230-810, filed 7/31/89, effective 8/31/89.

Wash. Admin. Code § 16-230-815 Application of Paraquat and Diquat by air in Benton County.

Aerial application of Paraquat or Diquat is prohibited in the entire area under order listed in WAC 16-230-800.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-815, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-815, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-230-815, filed 11/22/00, effective 12/23/00
WSR 89-16-073 (Order 2014), § 16-230-815, filed 7/31/89, effective 8/31/89.

Wash. Admin. Code § 16-230-820 Application of sulfonylurea herbicides by air in Benton County.

Application of sulfonylurea herbicides (such as Glean, Telar, Finesse, Escort) to fallow land or to land during the time between harvest and emergence above the furrows of the subsequent cereal grain crop is prohibited.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-820, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-820, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-230-820, filed 11/22/00, effective 12/23/00
WSR 89-16-073 (Order 2014), § 16-230-820, filed 7/31/89, effective 8/31/89.

Wash. Admin. Code § 16-230-825 Conditions applying to permits in Benton County.

The following conditions will apply to all permits issued under the authority of WAC 16-230-800 through 16-230-868.

(1) Application for a permit may be made to the Washington State Department of Agriculture, Compliance Branch, 21 N. First Avenue Suite 236, Yakima, Washington 98902. Applications may also be taken in person or by facsimile. Permits will not be granted by telephone.

(2) The department may make on-site monitoring of the application a condition of any permit. A representative of the department may condition, deny, or revoke a permit at any time, if the representative determines that the situation at the application site creates an unreasonable risk of drift. In determining whether the situation at the application site creates an unreasonable risk of drift, the representative may consider all relevant factors such as temperature, air inversions, time of day, burning restrictions, wind direction, wind velocity, topography, and type and condition of application equipment.

(3) No permit shall be issued to apply any pesticide unless that permit is consistent with existing department laws and rules.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-825, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-825, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-230-825, filed 11/22/00, effective 12/23/00
WSR 92-13-035, § 16-230-825, filed 6/10/92, effective 7/11/92
WSR 90-14-034 (Order 2046), § 16-230-825, filed 6/29/90, effective 7/30/90
WSR 89-16-073 (Order 2014), § 16-230-825, filed 7/31/89, effective 8/31/89.

Wash. Admin. Code § 16-230-830 Application of use restricted pesticides in an emergency in Benton County.

In the event of an emergency, as declared by the director, the department may issue permits for the use of use restricted pesticides in variation of any restrictions contained in the area under order as defined in WAC 16-230-800. An emergency under this section may be declared if the director determines that the risk and amount of economic harm to any agriculture crop substantially outweighs the risk and amount of damage likely to occur if a variance permit is issued.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-830, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-830, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-230-830, filed 11/22/00, effective 12/23/00
WSR 89-16-073 (Order 2014), § 16-230-830, filed 7/31/89, effective 8/31/89.

Wash. Admin. Code § 16-230-835 Boundaries and restrictions for Benton County Area 1.

(1) Area 1 description (North Horse Heaven Hills). An area including all lands lying within a boundary line beginning at the northwest corner of Section 31, T8N, R24E; thence east two miles along section lines to the northwest corner of Section 33, T8N, R24E; thence north one mile along section lines to the northwest corner of Section 28, T8N, R24E; thence east seven miles along section lines to the northwest corner of Section 27, T8N, R25E; thence north two miles along section lines to the northwest corner of Section 15, T8N, R25E; thence east eight miles along section lines to the northwest corner of Section 13, T8N, R26E; thence south two miles along section lines to the northwest corner of Section 25, T8N, R26E; thence east two miles along section lines to the northwest corner of Section 29, T8N, R27E; thence south one mile along section lines to the northwest corner of Section 32, T8N, R27E; thence east three miles along section lines to the northwest corner of Section 35, T8N, R27E; thence south one mile along section lines to the northwest corner of Section 2, T7N, R27E; thence east one mile along section lines to the northwest corner of Section 1, T8N, R27E; thence south two miles along section lines to the northwest corner of Section 13, T7N, R27E; thence east four miles along section lines to the northwest corner of Section 15, T7N, R28E; thence south one mile along section lines to the northwest corner of Section 22, T7N, R28E; thence east ten miles along section lines to the northwest corner of Section 20, T7N, R30E; thence south two miles along section lines to the northwest corner of Section 32, T7N, R30E; thence east seven miles along section lines to the Columbia River in Section 29, T7N, R31E; thence south approximately two miles along the Columbia River to the south section line of Section 5, T6N, R31E; thence west approximately eight miles along section lines to the southwest corner of Section 1, T6N, R29E; thence north two miles along section lines to the southwest corner of Section 25, T7N, R29E; thence west thirteen miles along section lines to the southeast corner of Section 27, T7N, R27E; thence north one mile along the section line to the northeast corner of Section 27, T7N, R27E; thence west one mile along the section line to the northwest corner of Section 27, T7N, R27E; thence north two miles along section lines to the northeast corner of Section 16, T7N, R27E; thence west one mile along the section line to the southeast corner of Section 8, T7N, R27E; thence north one mile along the section line to the northeast corner of Section 8, T7N, R27E; thence west approximately twenty miles along section lines to the Benton-Yakima County line at the southwest corner of Section 6, T7N, R24E; thence north two miles along the county line to the point of beginning.

(2) Area 1 restrictions.

(a) Application by air of use restricted pesticides as defined in WAC 16-230-810 is prohibited: Provided, That the department may issue written permits for application of insecticides not containing the signal words danger/poison on the label.

(b) The use or application of low volatile ester formulations of use restricted herbicides is prohibited on and after April 5th through October 31st of each year: Provided, That hormone sprays may be applied by aircraft to orchards for the prevention of fruit drop.

(c) On and after April 5th through October 31st of each year, all applications of use restricted herbicides are prohibited daily from three hours prior to sunset to sunrise the following morning: Provided, That applications of use restricted herbicides are exempt from the sunset restrictions when using an application rate of forty gallons of water carrier or greater per treated acre and conforming to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards: Provided further, That applications of granular and pellet formulations of the use restricted herbicides are exempt from the sunset restrictions: Provided further, That applications of use restricted herbicides on small experimental plots for research purposes are exempt from the sunset restrictions.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-835, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-835, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-230-835, filed 11/22/00, effective 12/23/00
WSR 92-13-035, § 16-230-835, filed 6/10/92, effective 7/11/92
WSR 90-14-034 (Order 2046), § 16-230-835, filed 6/29/90, effective 7/30/90
WSR 89-16-073 (Order 2014), § 16-230-835, filed 7/31/89, effective 8/31/89.

Wash. Admin. Code § 16-230-836 Boundaries and restrictions in Benton County Area 1A.

(1) Area 1A description. All lands lying within a boundary line beginning at the northwest corner of Section 31, T8N, R24E; thence east two miles along section lines to the northwest corner of Section 33, T8N, R24E; thence north one mile along section lines to the northwest corner of Section 28, T8N, R24E; thence east seven miles along section lines to the northwest corner of Section 27, T8N, R25E; thence north two miles along section lines to the northwest corner of Section 15, T8N, R25E; thence east eight miles along section lines to the northwest corner of Section 13, T8N, R26E; thence south two miles along section lines to the northwest corner of Section 25, T8N, R26E; thence east two miles along section lines to the northwest corner of Section 29, T8N, R27E; thence south one mile along section lines to the northwest corner of Section 32, T8N, R27E; thence east three miles along section lines to the northwest corner of Section 35, T8N, R27E; thence south one mile along section lines to the northwest corner of Section 2, T7N, R27E; thence east one mile along section lines to the northwest corner of Section 1, T8N, R27E; thence south two miles along section lines to the northwest corner of Section 13, T7N, R27E; thence east four miles along section lines to the northwest corner of Section 15, T7N, R28E; thence south one mile along section lines to the northwest corner of Section 22, T7N, R28E; thence east ten miles along section lines to the northwest corner of Section 20, T7N, R30E; thence south two miles along section lines to the northwest corner of Section 32, T7N, R30E; thence east seven miles along section lines to the Columbia River in Section 29, T7N, R31E; thence north approximately three miles to the Kennewick Irrigation District (K.I.D.) Division Four Canal in Section 8, T7N, R31E; thence westerly along the K.I.D. Division Four Canal to the intersection with the K.I.D. Main Irrigation Canal at the Amon Pumping Station located in Section 7, T8N, R29E; thence westerly along the K.I.D. Main Irrigation Canal to its intersection with the east section line of Section 14, T9N, R26E; thence south approximately one mile along the section line to the northwest corner of Section 25, T9N, R26E; thence northwest approximately one and four tenths miles diagonally across Section 23 to the northwest corner of Section 23, T9N, R26E; thence west two miles along section lines to the northwest corner of Section 21, T9N, R26E; thence southwest approximately one and four tenths miles diagonally across Section 20 to the northwest corner of Section 29, T9N, R26E; thence west one mile along section lines to the northwest corner of Section 30, T9N, R26E; thence south one mile along section lines to the northwest corner of Section 31, T9N, R26E; thence west two miles along section lines to the northwest corner of Section 35, T9N, R25E; thence southwest approximately one and four tenths miles diagonally across Section 34 to the northwest corner of Section 3, T8N, R25E; thence west one mile along section lines to the northwest corner of Section 4, T8N, R25E; thence southwest approximately one and four tenths miles diagonally across Section 5 to the northwest corner of Section 8, T8N, R25E; thence west one mile along section lines to the northwest corner of Section 7, T8N, R25E; thence south one mile along section lines to the northwest corner of Section 18, T8N, R25E; thence west two miles along section lines to the northwest corner of Section 14, T8N, R24E; thence south one mile along section lines to the northwest corner of Section 23, T8N, R24E; thence west four miles to the northwest corner of Section 19, T8N, R24E; thence south two miles along the county line to the point of beginning.

(2) Area 1A restrictions.

(b) The use or application of low volatile ester formulations of use restricted herbicides is prohibited on and after April 5th through October 31st of each year: Provided, That phenoxy hormone-type sprays may be applied by aircraft to orchards for the prevention of fruit drop.

(c) On and after April 5th through October 31st of each year, applications of use restricted herbicides are prohibited daily from three hours prior to sunset until two hours after sunrise the following morning: Provided, That applications of use restricted herbicides are exempt from the sunset and sunrise restrictions when using an application rate of forty gallons of water carrier or greater per treated acre and conforming to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards: Provided further, That applications of granular and pellet formulations of the use restricted herbicides are exempt from the sunset and sunrise restrictions: Provided further, That applications of use restricted herbicides on small experimental plots for research purposes are exempt from the sunset and sunrise restrictions.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-836, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-836, filed 5/9/07, effective 6/9/07.

Wash. Admin. Code § 16-230-840 Boundaries and restrictions for Benton County Area 2.

(1) Area 2 description. An area including all lands lying within a boundary line beginning at the northwest corner of Section 25, T10N, R26E; thence south approximately five miles along section lines to the intersection with the Kennewick Irrigation District (K.I.D.) main canal; thence easterly along the K.I.D. main canal to the Amon pumping station located in Section 7, T8N, R29E; thence southeasterly along the K.I.D. Division Four Canal to the Columbia River in Section 8, T7N, R31E; thence northwesterly along the Columbia River until its intersection with the United States Department of Energy Hanford Site south boundary line; thence west approximately one mile and south approximately two and one-half miles along the south boundary line to the southeast corner of Section 27, T10N, R28E; thence west seven miles along section lines to the southwest corner of Section 27, T10N, R27E; thence north one mile along the section line to the northwest corner of Section 27, T10N, R27E; thence west four miles along section lines to the point of beginning.

(2) Area 2 restrictions.

(a) Application by air of use restricted pesticides as defined in WAC 16-230-810 is prohibited.

(b) The use or application of low volatile ester formulations of use restricted herbicides is prohibited: Provided, That hormone sprays may be applied by aircraft to orchards for the prevention of fruit drop.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-840, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-840, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-230-840, filed 11/22/00, effective 12/23/00
WSR 92-13-035, § 16-230-840, filed 6/10/92, effective 7/11/92
WSR 89-16-073 (Order 2014), § 16-230-840, filed 7/31/89, effective 8/31/89.

Wash. Admin. Code § 16-230-845 Boundaries and restrictions for Benton County Area 3.

(1) Area 3 description.

(a) Eastern Yakima Valley. An area including all lands lying within a boundary line beginning at the northwest corner of Section 19, T8N, R24E; thence east four miles along section lines to the southwest corner of Section 14, T8N, R24E; thence north one mile along the section line to the northwest corner of Section 14, T8N, R24E; thence east two miles along section lines to the southwest corner of Section 7, T8N, R25E; thence north one mile along the section line to the northwest corner of Section 7, T8N, R25E; thence east one mile along the section line to the southwest corner of Section 5, T8N, R25E; thence northeast approximately one and four-tenths of a mile diagonally across Section 5 to the northeast corner of Section 5, T8N, R25E; thence east one mile along the section line to the southwest corner of Section 34, T9N, R25E; thence northeast approximately one and four-tenths of a mile diagonally across Section 34 to the northeast corner of Section 34, T9N, R25E; thence east two miles along section lines to the southwest corner of Section 30, T9N, R26E; thence north one mile along the section line to the northwest corner of Section 30, T9N, R26E; thence east one mile along the section line to the southwest corner of Section 20, T9N, R26E; thence northeast approximately one and four-tenths of a mile diagonally across Section 20 to the northeast corner of Section 20, T9N, R26E; thence east two miles along section lines to the northwest corner of Section 23, T9N, R26E; thence southeast approximately one and four-tenths of a mile diagonally across Section 23 to the southeast corner of Section 23, T9N, R26E; thence north six miles along section lines to the northwest corner of Section 25, T10N, R26E; thence west four miles along section lines to the northwest corner of Section 29, T10N, R26E; thence south one mile along the section line to the southwest corner of Section 29, T10N, R26E; thence west eleven miles along section lines to the southeast corner of Section 29, T10N, R24E; thence north one mile along the section line to the intersection with Anderson Road at the northeast corner of Section 29, T10N, R24E; thence west two miles along Anderson Road and section lines to the Benton-Yakima County line at the northwest corner of Section 30, T10N, R24E; thence south approximately eleven miles along the Benton-Yakima county line to the point of beginning.

(b) Cold Creek Area. An area including all lands lying within a boundary line beginning at the intersection of the Benton-Yakima County line and the Columbia River in Section 7, T13N, R24E; thence south approximately six and one-half miles along the Benton-Yakima County line to the southwest corner of Section 7, T12N, R24E; thence east five miles along section lines to the southeast corner of Section 11, T12N, R24E; thence north approximately seven miles along section lines to the Columbia River; thence west approximately five miles along the Columbia River to the point of beginning.

(c) Horse Heaven Hills southwest buffer zone. An area near Patterson starting at the southeast corner of Section 7, T5N, R26E following section lines north five miles to the northeast corner of Section 19, T6N, R26E; thence west two miles to the northwest corner of Section 24, T6N, R25E; thence south one-half mile along section line; thence west two miles to the common boundary of Sections 21 and 22, T6N, R25E; thence north one-half mile to the northeast corner of Section 21, T6N, R25E; thence west three miles to the northwest corner of Section 19, T6N, R25E; thence south three miles to the southwest corner of Section 31, T6N, R25E; thence east three miles to the southeast corner of Section 33, T6N, R25E; thence south three miles to the southeast corner of Section 16, T5N, R25E; thence west one mile to the northwest corner of Section 21, T5N, R25E; thence south one mile to the southwest corner of Section 21, T5N, R25E; thence east two miles to the southeast corner of Section 22, T5N, R25E; thence north one mile to the northeast corner of Section 22, T5N, R25E; thence east two miles to the southeast corner of Section 13, T5N, R25E; thence north one mile to the northeast corner of Section 13, T5N, R25E; thence east one mile to the point of origin.

(2) Area 3 restrictions.

(a) Application by air of use restricted herbicides as defined in WAC 16-230-810 is prohibited.

(c) On and after April 5th through October 31st of each year, applications of use restricted herbicides are prohibited daily from three hours prior to sunset until two hours after sunrise the following morning: Provided, That applications of use restricted herbicides are exempt from the sunset and sunrise restrictions when using an application rate of forty gallons of water carrier or greater per treated acre and conforming to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards: Provided further, That applications of granular and pellet formulations of the use restricted herbicides are exempt from the sunset and sunrise restrictions: Provided further, That applications of the use restricted herbicides on small experimental plots for research purposes are exempt from the sunset and sunrise restrictions.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-845, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-845, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-230-845, filed 11/22/00, effective 12/23/00
WSR 92-13-035, § 16-230-845, filed 6/10/92, effective 7/11/92
WSR 90-14-034 (Order 2046), § 16-230-845, filed 6/29/90, effective 7/30/90
WSR 89-16-073 (Order 2014), § 16-230-845, filed 7/31/89, effective 8/31/89.

Wash. Admin. Code § 16-230-850 Boundaries and restrictions for Benton County Area 4.

(1) Area 4 description.

(a) Tri-Cities northwest buffer zone. An area including all lands lying within a boundary line beginning at the northwest corner of Section 25, T10N, R26E; thence north two miles along section lines to the northwest corner of Section 13, T10N, R26E; thence east one mile along the section line to the northeast corner of Section 13, T10N, R26E; thence north approximately one-half mile along the section line to the United States Department of Energy Hanford Site south boundary line; thence easterly approximately ten miles and south approximately two and one-half miles along the south boundary line to the south section line of Section 27, T10N, R28E; thence west approximately six and three-fourths miles along section lines to the southwest corner of Section 27, T10N, R27E; thence north one mile along the section line to the northwest corner of Section 27, T10N, R27E; thence west four miles along section lines to the point of beginning.

(b) Tri-Cities northeast buffer zone. An area including all lands lying within a boundary line beginning at the intersection of the Esquatzel Diversion Channel drain and the Columbia River; thence east along the Esquatzel Channel to its intersection with Road 68; thence southeasterly approximately one mile along Road 68 to its intersection with Fraser Drive near the northeast corner of Section 24, T10N, R28E; thence south approximately four miles along section lines and portions of Fraser Drive and Dent Road to the southwest corner of Section 6, T9N, R29E; thence east approximately eight and one-half miles along section lines and a portion of Foster Wells Road to its intersection with the Bonneville Power Administration power line in Section 4, T9N, R30E; thence southeasterly approximately seven miles along the power line to its intersection with SR 124 in Section 32, T9N, R31E; thence easterly approximately two and one-half miles along SR 124 to the east section line of Section 34, T9N, R31E near the intersection of SR 124 and the Union Pacific Railroad; thence south approximately three miles along section lines to the southeast corner of Section 15, T8N, R31E; thence west approximately one-fourth mile along the section line to the Union Pacific Railroad; thence southerly approximately four and one-half miles along the railroad to its intersection with U.S. Highway 12 near the Boise Cascade paper mill; thence northwesterly along Highway 12 to its intersection with Interstate 182; thence westerly along I-182 to the west shoreline of the Columbia River; thence northerly approximately six and one-half miles along the Columbia River to the U.S. Department of Energy Hanford Site south boundary line in Section 14, T10N, R28E; thence east approximately one-half mile across the Columbia River to its east shoreline; thence northerly approximately one-half mile to the point of beginning.

(2) Area 4 restrictions.

(a) Application by air of use restricted pesticides as defined in WAC 16-230-810 may be made by written permit only.

(c) On and after April 5th through October 31st of each year all applications of use restricted herbicides are prohibited daily from three hours prior to sunset until two hours after sunrise the following morning: Provided, That applications of use restricted herbicides are exempt from the sunset and sunrise restrictions when using an application rate of forty gallons of water carrier or greater per treated acre and conforming to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards: Provided further, That applications of granular and pellet formulations of the use restricted herbicides are exempt from the sunset and sunrise restrictions: Provided further, That applications of the use restricted herbicides on small experimental plots for research purposes are exempt from the sunset and sunrise restrictions.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-850, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-850, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-230-850, filed 11/22/00, effective 12/23/00
WSR 92-13-035, § 16-230-850, filed 6/10/92, effective 7/11/92
WSR 90-14-034 (Order 2046), § 16-230-850, filed 6/29/90, effective 7/30/90
WSR 89-16-073 (Order 2014), § 16-230-850, filed 7/31/89, effective 8/31/89.

Wash. Admin. Code § 16-230-855 Boundaries and restrictions for Benton County Area 5.

(1) Area 5 description.

(a) Cold Creek buffer zone. An area including all lands lying within a boundary line beginning at the southwest corner of Section 7, T12N, R24E; thence east five miles along section lines to the southeast corner of Section 11, T12N, R24E; thence north approximately seven miles along section lines to the Columbia River; thence easterly approximately two miles along the Columbia River to the east section line of Section 6, T13N, R25E, near the Vernita Bridge; thence south approximately eight and one-half miles along section lines to the southeast corner of Section 18, T12N, R25E; thence west seven miles along section lines to the Benton-Yakima County line at the southwest corner of Section 18, T12N, R24E; thence north one mile along the county line to the point of beginning.

(b) Roza buffer zone. An area including all lands lying within a boundary line beginning at the northwest corner of Section 25, T10N, R26E; thence west four miles along section lines to the northwest corner of Section 29, T10N, R26E; thence south one mile along the section line to the southwest corner of Section 29, T10N, R26E; thence west eleven miles along section lines to the southeast corner of Section 29, T10N, R24E; thence north one mile along the section line to the intersection with Anderson Road at the northeast corner of Section 29, T10N, R24E; thence west two miles along Anderson Road and section lines to the Benton-Yakima County line at the northwest corner of Section 30, T10N, R24E; thence north two miles along the county line to the northwest corner of Section 18, T10N, R24E; thence east four miles along section lines to the northeast corner of Section 15, T10N, R24E; thence south one mile along the section line to the southeast corner of Section 15, T10, R24E; thence east seven miles along section lines to the southwest corner of Section 13, T10N, R25E; thence north one mile along the section line to the northwest corner of Section 13, T10N, R25E; thence east six miles along section lines to the northwest corner of Section 13, T10N, R26E; thence south two miles along section lines to the point of beginning.

(c) Horse Heaven Hill southwest buffer zone. An area including all lands lying within a boundary line beginning at the northwest corner of Section 13, T6N, R24E; thence south five miles along section lines to the southwest corner of Section 1, T5N, R24E; thence east three miles along the section lines to the northeast corner of Section 8, T5N, R25E; thence south one mile along the section line to the southeast corner of Section 8, T5N, R25E; thence west one mile along the section line to the southwest corner of Section 8, T5N, R25E; thence south approximately five miles to the Washington Oregon border; thence northeasterly along the Washington Oregon border until its intersection with the eastern section line of Section 8, T5N, R26E; thence north approximately six miles along section lines to the northeast corner of Section 17, T6N, R26E; thence west nine miles to the point of beginning.

(2) Area 5 restrictions.

(a) Application by air of use restricted herbicides as defined by WAC 16-230-810 may be made by written permit only.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-855, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-855, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-230-855, filed 11/22/00, effective 12/23/00
WSR 92-13-035, § 16-230-855, filed 6/10/92, effective 7/11/92
WSR 90-14-034 (Order 2046), § 16-230-855, filed 6/29/90, effective 7/30/90
WSR 89-16-073 (Order 2014), § 16-230-855, filed 7/31/89, effective 8/31/89.

Wash. Admin. Code § 16-230-860 Boundaries and restrictions for Benton County Area 6.

(1) Area 6 description. All remaining lands in the area under order.

(2) Area 6 restrictions.

(a) The use or application of low volatile ester formulations of use restricted herbicides is prohibited on and after April 5th through October 31st of each year: Provided, That phenoxy hormone-type sprays may be applied by aircraft to orchards for the prevention of fruit drop.

(b) On and after April 5th through October 31st of each year all applications of use restricted herbicides are prohibited daily from three hours prior to sunset to sunrise the following morning: Provided, That applications of use restricted herbicides are exempt from the sunset restrictions when using an application rate of forty gallons of water carrier or greater per treated acre and conforming to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards: Provided further, That applications of granular and pellet formulations of the use restricted herbicides are exempt from the sunset restrictions: Provided further, That applications of use restricted herbicides on small experimental plots for research purposes are exempt from the sunset restrictions.

(c) On and after April 5th through October 31st of each year, aerial applications of use restricted herbicides are prohibited daily from three hours prior to sunset until two hours after sunrise the following morning.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-860, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-860, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-230-860, filed 11/22/00, effective 12/23/00
WSR 92-13-035, § 16-230-860, filed 6/10/92, effective 7/11/92
WSR 90-14-034 (Order 2046), § 16-230-860, filed 6/29/90, effective 7/30/90
WSR 89-16-073 (Order 2014), § 16-230-860, filed 7/31/89, effective 8/31/89.

Wash. Admin. Code § 16-230-861 Restrictions on applications in Benton County due to wind conditions.

The use or application of all herbicides and class 1 and 2 insecticides are prohibited in the area under order listed in WAC 16-230-800 when the mean sustained wind velocity is over ten miles per hour throughout the year: Provided further, That applications of granular and pellet formulations of use restricted pesticides defined in WAC 16-230-810 as well as applications made to structures are exempt from the wind restrictions.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-861, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-861, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-230-861, filed 11/22/00, effective 12/23/00
WSR 92-13-035, § 16-230-861, filed 6/10/92, effective 7/11/92
WSR 90-14-034 (Order 2046), § 16-230-861, filed 6/29/90, effective 7/30/90.

Wash. Admin. Code § 16-230-868 Restrictions on applications in Benton County due to weather.

Use restricted herbicides shall not be applied throughout the year in the entire area under order when there is a temperature inversion present or weather conditions are such that damage could result to adjacent and nearby towns, susceptible crops, and plantings through physical drift or volatilization: Provided, That applications of use restricted herbicides are exempt from the inversion requirements when using one hundred gallons or greater of water carrier per treated acre and conforming to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-230-868, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-230-868, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-230-868, filed 11/22/00, effective 12/23/00
WSR 92-13-035, § 16-230-868, filed 6/10/92, effective 7/11/92.

Chapter 16-231 Use restricted herbicides.

Wash. Admin. Code § 16-231-085 Adoption of national consensus code.

Adoption of provisions under the American Society of Agricultural and Biological Engineers (ASABE) standards in this chapter is adoption of the provisions in the July 2018 version.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-085, filed 12/26/18, effective 1/26/19.

Wash. Admin. Code § 16-231-090 Order of precedence.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-090, filed 12/26/18, effective 1/26/19.

Wash. Admin. Code § 16-231-095 Definitions.

"Ready-to-use" means a pesticide that is applied directly from its original container consistent with label directions.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-095, filed 12/26/18, effective 1/26/19.

Wash. Admin. Code § 16-231-100 Restrictions for pesticide use in Franklin County.

(1) The area under order includes all lands lying within the boundaries of Franklin County. WAC 16-231-115 through 16-231-183 applies to the area under order.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-100, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-100, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-231-100, filed 11/22/00, effective 12/23/00
WSR 91-06-019 (Order 2073), § 16-231-100, filed 2/26/91, effective 3/29/91
WSR 80-03-037 (Order 1676), § 16-231-100, filed 2/20/80.

Wash. Admin. Code § 16-231-105 Use restricted herbicides in Franklin County.

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-105, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-105, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-231-105, filed 11/22/00, effective 12/23/00
WSR 80-03-037 (Order 1676), § 16-231-105, filed 2/20/80.

Wash. Admin. Code § 16-231-107 Use restricted pesticides in certain areas of Franklin County.

The following pesticides are declared to be use restricted pesticides in Areas 2A, 4A, and 6:

(1) Use restricted herbicides*:

(a) Sulfonylurea herbicides (such as Glean, Telar, Finesse, Escort);

(b) Desiccants and defoliants (such as Paraquat, Diquat, Endothall);

(d) Phenoxy hormone-type herbicides (such as 2,4-D, MCPA);

(e) Dicamba (such as Banvel);

(f) Bromoxynil except that the cutoff dates of April 5th, April 15th and May 16th do not apply.

| * | This is to be used only as a guide and may not include all brand or trade names under which these chemicals are distributed. | | --- | --- |

(2) All aerial applications of Category I insecticides with the signal words danger/poison on the label, except granular and pellet formulations.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-107, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-107, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 34.05 RCW. WSR 03-11-097, § 16-231-107, filed 5/21/03, effective 6/21/03. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-231-107, filed 11/22/00, effective 12/23/00.

Wash. Admin. Code § 16-231-115 Boundaries and restrictions for use restricted herbicides in Franklin County Area 1.

(1) Area 1 description.

(a) This area includes all lands lying within a boundary line starting at the northwest corner of Section 6, T14N, R28E; thence east along the Adams-Franklin County line thirteen miles more or less to the intersection with State Route 17; thence southeasterly along State Route 17, including the right of way, to the intersection with Highway 395 at the town of Mesa; thence southerly along Highway 395, including the right of way, seven miles more or less to the intersection with the common boundary between Sections 2 and 11, T11N, R30E at the town of Eltopia; thence east along the section line, one mile more or less to the northeast corner of Section 12, T11N, R30E; thence south along the section lines twelve miles more or less to the southeast corner of Section 1, T10N, R30E; thence west two miles along section lines to the southeast corner of Section 3, T9N, R30E; thence north one mile along section lines to the northeast corner of Section 3, T9N, R30E; thence west along section lines three miles to the southeast corner of Section 31, T10N, R30E; thence north two miles along Highway 395 to the intersection with the Selph Landing Road near the northeast corner of Section 30, T10N, R30E; thence seven miles west along Selph Landing Road to the northwest corner of Section 30, T10N, R29E; thence north along section lines and portions of Fraser Drive until the intersection with Road 68, thence northwesterly along Road 68 until its intersection with the Esquatzel Channel; thence west along the Esquatzel Channel until its intersection with the Columbia River; thence northwesterly along the Columbia River to the Grant-Franklin County line at the north section line of Section 29, T14N, R27E; thence east along the Grant-Franklin County line four miles more or less to the northwest corner of Section 30, T14N, R28E; thence north along the Grant-Franklin County line four miles to the point of beginning.

(b) Also including Levey (Ice Harbor Dam area): This area includes all lands lying within a two-mile radius of Levey within Franklin County.

(2) Area 1 restrictions.

(a) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 5th through October 31st of each year: Provided, That low volatile ester formulations of 2,4-DB may be applied to alfalfa and red clover seed crops on and after November 1st through April 30th of the following year.

(b) Ground applications of use restricted herbicides on asparagus shall conform to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the coarse (or larger) range as defined by the ASABE standards.

(c) On and after April 5th through October 31st, aircraft applications of use restricted herbicides are prohibited except by written permit issued by the department: Provided, That on and after November 1st through April 4th of the following year, aircraft applications of use restricted herbicides are allowed when the application conforms to the manufacturer's specified combination of nozzles, pressure (psi), plates, nozzle orientation, and aircraft speed that produces a droplet class that falls within the coarse (or larger) range as defined by the ASABE standards.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-115, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-115, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-231-115, filed 11/22/00, effective 12/23/00
WSR 88-05-033 (Order 1965), § 16-231-115, filed 2/12/88
WSR 87-18-060 (Order 1950), § 16-231-115, filed 9/1/87
WSR 87-09-015 (Order 1923), § 16-231-115, filed 4/6/87
WSR 81-07-044 (Order 1726), § 16-231-115, filed 3/16/81
WSR 80-03-037 (Order 1676), § 16-231-115, filed 2/20/80.

Wash. Admin. Code § 16-231-119 Boundaries and restrictions on use restricted herbicides in Franklin County Area 1A.

(1) Area 1A description. This area includes all lands lying within a boundary line starting at the intersection of State Route 17 and the Adams-Franklin County line at the north section line of Section 5, T14N, R30E; thence east along the Adams-Franklin County line five miles more or less to the Burlington Northern Railroad; thence southeasterly along the railroad, including the right of way, four miles more or less to the intersection with Moon Road; thence southerly along Moon Road, including the right of way, two miles more or less to the intersection with State Route 260 at the southeast corner of Section 27, T14N, R31E; thence west along State Route 260, including the right of way, five miles more or less to the intersection with State Route 17; thence northwesterly along State Route 17, excluding the right of way, to the point of beginning.

(2) Area 1A restrictions.

(a) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 15th through October 31st: Provided, That low volatile ester formulations of 2,4-DB may be applied to alfalfa and red clover seed crops on and after November 1st through April 30th of the following year.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-119, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-119, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 88-05-033 (Order 1965), § 16-231-119, filed 2/12/88.

Wash. Admin. Code § 16-231-125 Boundaries and restrictions on use restricted herbicides in Franklin County Area 2.

(1) Area 2 description. This area includes all of the lands lying inside a boundary line starting at the intersection of State Routes 17 and 260 located at the northwest corner of Section 36, T14N, R30E; thence east along State Route 260, excluding the right of way, five miles more or less to the northeast corner of Section 34, T14N, R31E; thence south along the section lines fifteen miles more or less to the Eltopia and Eye Road; thence easterly along the Eltopia and Eye Road, including the right of way, to the Brass Road; thence easterly along the Brass Road, including the right of way, to the Bannenburg Road; thence southeasterly along the Bannenburg Road, including the right of way, to the northwest corner of Section 6, T10N, R33E; thence south along the section line one mile more or less to the Snake River; thence southwesterly along the Snake River to the east section line of Section 23, T9N, R31E; thence northerly along section lines approximately two miles until the intersection with the Pasco Kahlotus Road at the northeast corner of Section 11, T9N, R31E; thence west approximately five miles along section lines and a portion of the Pasco Kahlotus Road to the intersection of the southeast corner of Section 1, T9N, R30E; thence north along the section lines twelve miles more or less to the southeast corner of Section 1, T11N, R30E; thence west along the section line one mile more or less to Highway 395; thence northerly along Highway 395, excluding the right of way, seven miles more or less to its intersection with State Route 17 at the town of Mesa; thence northerly along State Route 17, excluding the right of way, seven miles more or less to the point of beginning, excluding lands in Franklin County within a two-mile radius of the town of Levey.

(2) Area 2 restrictions.

(a) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 5th through October 31st of each year.

(b) On and after April 5th through October 31st, aircraft applications of use restricted herbicides are prohibited except by written permit issued by the Washington state department of agriculture.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-125, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-125, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-231-125, filed 11/22/00, effective 12/23/00
WSR 88-05-033 (Order 1965), § 16-231-125, filed 2/12/88
WSR 87-09-015 (Order 1923), § 16-231-125, filed 4/6/87
WSR 81-07-044 (Order 1726), § 16-231-125, filed 3/16/81
WSR 80-03-037 (Order 1676), § 16-231-125, filed 2/20/80.

Wash. Admin. Code § 16-231-130 Boundaries and restrictions on use restricted herbicides in Franklin County Area 3.

(1) Area 3 description. (Dry land area south and east of Connell.) An area beginning at the northeast corner of Section 3, T14N, R33E and the Reeder Road; thence south along the Reeder Road to and along the Black Road to the Swanson Road; thence east and south along the Swanson Road to state Highway 260; thence southerly along state Highway 260 to the Munt Road; thence south along the Munt Road to the Largent Road; thence east along the Largent Road to the Pasco-Kahlotus Highway to the Walker Road; thence southerly along the Walker Road to the Snake River; thence southerly along the Snake River to the east boundary line of Area 2; thence northerly along the east boundary line of Area 2 and Area 1A to the Franklin-Adams County line; thence east fifteen miles more or less along the county line to the point of beginning.

(2) Area 3 restrictions. The use or application of low volatile formulations of use restricted herbicides is prohibited on and after May 16th through October 31st of each year.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-130, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-130, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 88-09-013 (Order 1973), § 16-231-130, filed 4/12/88
WSR 80-03-037 (Order 1676), § 16-231-130, filed 2/20/80.

Wash. Admin. Code § 16-231-135 Boundaries in Franklin County Area 4.

Area 4 description. (Dry land area.) All of the remaining lands in Franklin County lying east of Area 3.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-135, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-135, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-03-037 (Order 1676), § 16-231-135, filed 2/20/80.

Wash. Admin. Code § 16-231-145 Wind restrictions for use restricted herbicides in Franklin County.

The use or application of use restricted herbicides shall be prohibited in Areas 1, 1A, 2, 3, and 4 when the mean sustained wind velocity is over twelve miles per hour throughout the year: Provided, That such applications shall be prohibited in Area 1 on and after April 1st through October 31st when the mean sustained wind velocity is over ten miles per hour.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-145, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-145, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 88-09-013 (Order 1973), § 16-231-145, filed 4/12/88
WSR 87-18-060 (Order 1950), § 16-231-145, filed 9/1/87
WSR 87-09-015 (Order 1923), § 16-231-145, filed 4/6/87
WSR 80-03-037 (Order 1676), § 16-231-145, filed 2/20/80.

Wash. Admin. Code § 16-231-149 Boundaries and restrictions on use restricted herbicides in Franklin County Area 2A.

(1) Area 2A description. An area including all lands lying in a boundary line beginning at the Columbia River and Interstate 182 near the east section line of Section 13, T9N, R28E; thence along Interstate 182 until its intersection with U.S. Highway 12; thence southeasterly along Highway 12 until its intersection with the Snake River in Section 35, T9N, R30E; thence southwesterly along the Snake River until its intersection with the Columbia River; thence northwesterly along the Columbia River to the point of beginning.

(2) Area 2A restrictions.

(a) Application by air of use restricted pesticides as defined in WAC 16-231-107 is prohibited.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-149, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-149, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-231-149, filed 11/22/00, effective 12/23/00.

Wash. Admin. Code § 16-231-153 Boundaries and restrictions on use restricted herbicides in Franklin County Area 4A.

(1) Area 4A description. An area including all lands lying within a boundary line beginning at the intersection of the Esquatzel Diversion Channel drain and the Columbia River; thence east along the Esquatzel Channel to its intersection with Road 68; thence southeasterly approximately one mile along Road 68 to its intersection with Fraser Drive near the northeast corner of Section 24, T10N, R28E; thence south approximately four miles along section lines and portions of Fraser Drive and Dent Road to the southwest corner of Section 6, T9N, R29E; thence east approximately eight and one-half miles along section lines and a portion of Foster Wells Road to its intersection with the Bonneville Power Administration power line in Section 4, T9N, R30E; thence southeasterly along the power line until its intersection with the Snake River near the east line of Section 25, T9N, R30E; thence southwesterly along the Snake River until its intersection with U.S. Highway 12 in Section 35, T9N, R30E; thence northwesterly along Highway 12 until its intersection with Interstate 182; thence westerly along Interstate 182 until its intersection with the Columbia River along the east section line of Section 13, T9N, R28E; thence northerly along the Columbia River to the point of beginning.

(2) Area 4A restrictions.

(a) Application by air of use restricted pesticides as defined in WAC 16-231-107 may be made by written permit only.

(c) On and after April 5th through October 31st of each year, all applications of use restricted herbicides are prohibited daily from three hours prior to sunset until two hours after sunrise the following morning: Provided, That applications of use restricted herbicides are exempt from the sunset and sunrise restrictions when using an application rate of forty gallons of water carrier or greater per treated acre and conforming to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards: Provided further, That applications of granular and pellet formulations of the use restricted herbicides are exempt from the sunset and sunrise restrictions: Provided further, That applications of the use restricted herbicides on small experimental plots for research purposes are exempt from the sunset and sunrise restrictions.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-153, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-153, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-231-153, filed 11/22/00, effective 12/23/00.

Wash. Admin. Code § 16-231-156 Boundaries and restrictions on use restricted herbicides in Franklin County Area 6.

(1) Area 6 description. An area including all lands lying within a boundary line beginning at the northwest corner of Section 30, T10N, R29E; thence east seven miles along Selph Landing Road until its intersection with Highway 395 near the northeast corner of Section 30, T10N, R30E; thence south two miles along Highway 395 to the southeast corner of Section 31, T10N, R30E; thence east three miles along section lines to the northeast corner of Section 3, T9N, R30E; thence south one mile along section lines to the southeast corner of Section 3, T9N, R30E; thence east seven miles along section lines and a portion of the Pasco-Kahlotus Road until its intersection with the Ice Harbor Dam Road at the northeast corner of Section 11, T9N, R31E; thence southerly approximately two miles along section lines until the intersection with the Snake River; thence southwesterly along the Snake River until its intersection with the Bonneville Power Administration power line in Section 25, T9N, R30E; thence northwesterly along the power line until its intersection with Foster Wells Road in Section 4, T9N, R30E; thence west approximately eight and one-half miles along section lines and portions of the Foster Wells Road to the southwest corner of Section 6, T9N, R29E; thence north along section lines approximately three miles to the point of beginning.

(2) Area 6 restrictions.

(a) The use or application of low volatile ester formulations of use restricted herbicides are prohibited on and after April 5th through October 31st of each year: Provided, That hormone sprays may be applied by aircraft to orchards for the prevention of fruit drop.

(b) On and after April 5th through October 31st of each year, all applications of use restricted herbicides are prohibited daily from three hours prior to sunset to sunrise the following morning: Provided, That applications of use restricted herbicides are exempt from the sunset restrictions when using an application rate of forty gallons of water carrier or greater per treated acre and conforming to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards: Provided further, That applications of granular and pellet formulations of the use restricted herbicides are exempt from the sunset restrictions: Provided further, That applications of use restricted herbicides on small experimental plots for research purposes are exempt from the sunset restrictions.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-156, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-156, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-231-156, filed 11/22/00, effective 12/23/00.

Wash. Admin. Code § 16-231-159 Application of Paraquat or Diquat by air in Franklin County.

Aerial application of Paraquat and Diquat is prohibited in Areas 2A, 4A, and 6.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-159, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-159, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-231-159, filed 11/22/00, effective 12/23/00.

Wash. Admin. Code § 16-231-162 Application of sulfonylurea herbicides in Franklin County.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-162, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-162, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-231-162, filed 11/22/00, effective 12/23/00.

Wash. Admin. Code § 16-231-165 Conditions applying to permits in Franklin County.

The following conditions will apply to all permits issued in Areas 2A, 4A, and 6.

(1) Application for a permit may be made to the Washington State Department of Agriculture, Compliance Branch, 21 N. 1st Avenue Suite 236, Yakima, Washington 98902. Applications may also be taken in person or by facsimile. Permits will not be granted by telephone.

(3) No permit shall be issued to apply any pesticide unless that permit is consistent with existing department laws and rules.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-165, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-165, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-231-165, filed 11/22/00, effective 12/23/00.

Wash. Admin. Code § 16-231-168 Application of use restricted pesticides in an emergency in Franklin County.

In the event of an emergency, as declared by the director, the department may issue permits for the use of use restricted pesticides in variation of any restrictions contained in Areas 2A, 4A, and 6. An emergency under this section may be declared if the director determines that the risk and amount of economic harm to any agriculture crop substantially outweighs the risk and amount of damage likely to occur if a variance permit is issued.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-168, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-168, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-231-168, filed 11/22/00, effective 12/23/00.

Wash. Admin. Code § 16-231-171 Restrictions on applications in Franklin County due to wind.

The use or application of all herbicides and class 1 and 2 insecticides are prohibited in Areas 2A, 4A, and 6 when the mean sustained wind velocity is over ten miles per hour throughout the year: Provided, That applications of granular and pellet formulations of use restricted pesticides defined in WAC 16-231-107 as well as applications made to structures are exempt from the wind restrictions.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-171, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-171, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-231-171, filed 11/22/00, effective 12/23/00.

Wash. Admin. Code § 16-231-183 Restrictions on application of pesticides in Franklin County due to weather conditions.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-183, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-183, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-231-183, filed 11/22/00, effective 12/23/00.

Wash. Admin. Code § 16-231-200 Restrictions for herbicide use in Yakima County.

(1) The area under order includes all lands lying within the boundaries of Yakima County. WAC 16-231-205 through 16-231-235 applies to the area under order.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-200, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-200, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-200, filed 2/26/91, effective 3/29/91
WSR 80-03-036 (Order 1675), § 16-231-200, filed 2/20/80.

Wash. Admin. Code § 16-231-205 Use restricted herbicides in Yakima County.

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-205, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-205, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-205, filed 2/26/91, effective 3/29/91
WSR 80-03-036 (Order 1675), § 16-231-205, filed 2/20/80.

Wash. Admin. Code § 16-231-215 Boundaries and restrictions for Area 1 in Yakima County.

(1) Area 1 description. (An area south of the Yakima firing center including the upper and lower Yakima Valley.) An area starting at the Yakima-Benton County line and the northeast corner of Section 1, T11N, R23E; thence west along section lines seventeen miles more or less to the southeast corner of Section 31, T12N, R21E; thence north eight miles along section lines to the northeast corner of Section 30, T13N, R21E; thence west along section lines eleven miles to the Yakima River; thence northwesterly along the Yakima River four miles more or less to the junction of the Yakima and Naches Rivers; thence northwesterly along the Naches River for seven miles more or less to the northwest corner of Section 31, T14N, R18E; thence south one mile along the section line to the southwest corner of Section 31, T14N, R18E; thence west along section lines six miles to the northwest corner of Section 6, T13N, R17E; thence south twenty-four miles along section lines to the southwest corner of Section 31, T10N, R17E; thence east twenty-four miles along section lines to the southeast corner of Section 36, T10N, R20E; thence south six miles along section lines to the southwest corner of Section 31, T9N, R21E; thence east six miles along section lines to the northwest corner of Section 6, T8N, R22E; thence south six miles along section lines to the southwest corner of Section 31, T8N, R22E; thence east twelve miles along section lines to the Benton County line; thence north twenty-four miles to the point of beginning.

(2) Area 1 restrictions.

(a) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 5th through October 31st: Provided, That low volatile ester formulations of 2,4-DB may be applied to alfalfa and red clover seed crops at any time.

(c) Aircraft applications of use restricted herbicides are allowed only on nonirrigated lands on and after November 1st through April 4th of the following year. Aircraft applications of use restricted herbicides are prohibited on and after April 5th through October 31st: Provided, That hormone sprays may be applied to orchards to prevent fruit drop: Provided further, That aircraft applications are allowed by written permit issued by the Washington state department of agriculture in those dry land wheat growing areas east of Moxee and on the Rattlesnake Ridge and the area south of Horse Heaven Hills Ridge contained in Sections 25, 26, 27, 28, 32, 33, 34, 35 and 36, T8N, R23E up to within one mile of commercial grape plantings and to within one-quarter mile of other susceptible crops.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-215, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-215, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 87-09-015 (Order 1923), § 16-231-215, filed 4/6/87
WSR 80-03-036 (Order 1675), § 16-231-215, filed 2/20/80.

Wash. Admin. Code § 16-231-220 Boundaries and restrictions for Yakima County Area 1A.

(1) Area 1A description. (Tieton-Naches Area.) That portion of T14N, R17E and those portions of Sections 31, 32 and 33, T15N, R17E, lying southwest of the Naches-Selah Canal; and that portion of T14N, R16E, and those portions of Sections 35 and 36 lying southeast of the Tieton and Naches rivers.

(2) Area 1A restrictions. On and after April 15th through October 31st, the use and application of low volatile formulations of use restricted herbicides is prohibited. On and after April 15th through October 31st, aircraft applications of use restricted herbicides are allowed on dry land wheat up to within one-quarter mile of susceptible crops.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-220, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-220, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-03-036 (Order 1675), § 16-231-220, filed 2/20/80.

Wash. Admin. Code § 16-231-225 Boundaries and restrictions for Yakima County Area 2.

(1) Area 2 descriptions. All remaining lands in Yakima County.

(2) Area 2 restrictions. The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 5th through October 31st.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-225, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-225, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 88-05-033 (Order 1965), § 16-231-225, filed 2/12/88
WSR 87-09-015 (Order 1923), § 16-231-225, filed 4/6/87
WSR 80-03-036 (Order 1675), § 16-231-225, filed 2/20/80.

Wash. Admin. Code § 16-231-235 Restrictions due to wind conditions in Yakima County.

The use or application of use restricted herbicides are prohibited in Areas 1, 1A and 2 when the mean sustained wind velocity is over twelve miles per hour throughout the year: Provided, That such applications are prohibited in Areas 1 and 1A on and after April 1st through October 31st when the mean sustained wind velocity is over ten miles per hour.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-235, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-235, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-235, filed 2/26/91, effective 3/29/91
WSR 87-09-015 (Order 1923), § 16-231-235, filed 4/6/87
WSR 80-03-036 (Order 1675), § 16-231-235, filed 2/20/80.

Wash. Admin. Code § 16-231-300 Restrictions for herbicide use in Adams County.

(1) The area under order includes all lands lying within the boundaries of Adams County. WAC 16-231-305 through 16-231-340 applies to the area under order.

(2) The distribution, use, and application of use restricted herbicides in the area under order must comply with rules relating to the use of pesticides in chapter 16-228 WAC, and rules relating to use restricted herbicides in WAC 16-230-600 through 16-230-670.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-300, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-300, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-300, filed 2/26/91, effective 3/29/91
WSR 80-03-035 (Order 1674), § 16-231-300, filed 2/20/80.

Wash. Admin. Code § 16-231-305 Use restricted herbicides in Adams County.

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-305, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-305, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-305, filed 2/26/91, effective 3/29/91
WSR 80-03-035 (Order 1674), § 16-231-305, filed 2/20/80.

Wash. Admin. Code § 16-231-315 Boundaries and restrictions for Adams County Area 1.

(1) Area 1 description. (Lands generally lying within the Columbia Basin irrigation project east of Warden and in the Othello area.) An area starting at the intersection of the East Low Canal and Grant-Adams County line in Section 18, T18N, R31E; thence southerly along the East Low Canal to the intersection of the East Low Canal and the Grant-Adams County line near the southwestern corner of Section 17, T17N, R31E; thence north six miles more or less to the point of beginning; and also all lands within a line starting at the intersection of the East Low Canal and the Grant-Adams County line near the corner of Section 6, T16N, R30E; thence southeasterly along the East Low Canal to the Adams-Franklin County line and the southwest corner of Section 31, T15N, R28E; thence north along the Grant-Adams County line beginning.

(2) Area 1 restrictions.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-315, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-315, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-03-035 (Order 1674), § 16-231-315, filed 2/20/80.

Wash. Admin. Code § 16-231-320 Boundaries and restrictions for Adams County Area 2.

(1) Area 2 description. (Buffer area east of Area 1.) Beginning at the Grant-Adams County line Section 6, T18N, R31E; thence east six miles more or less along the Burlington Northern Railroad tracks to Kulm Road; thence south three miles more or less along Kulm Road to Franz Road; thence east one mile along Franz Road to Roxboro Road; thence south fourteen miles along the Roxboro Road to Cunningham Road; thence southeasterly one mile more or less along Cunningham Road to Lind-Hatton Road; thence southerly three miles more or less along Lind-Hatton Road to Roxboro Road; thence southerly three miles more or less to the Adams-Franklin County line; thence west seven miles more or less along Adams-Franklin County line to the East Low Canal; thence northwesterly along the East Low Canal to the Grant-Adams County line; thence east five miles more or less and three miles north more or less along the Grant-Adams County line to the East Low Canal; thence northeasterly along East Low Canal to the Grant-Adams County line; thence north two miles more or less along Grant-Adams County line to the point of beginning.

(2) Area 2 restrictions. On and after May 1st through October 31st, the use or application of low volatile formulations of use restricted herbicides is prohibited.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-320, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-320, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-03-035 (Order 1674), § 16-231-320, filed 2/20/80.

Wash. Admin. Code § 16-231-325 Boundaries and restrictions for Adams County Area 3.

(1) Area 3 description. An area starting at the northwest corner of Section 6, T20N, R31E, on the Lincoln-Adams County line; thence east twenty-three miles more or less on the Davis Road to Paha-Packard Road; thence south seventeen miles more or less along the Paha-Packard Road to the intersection of Paha-Packard Road and SR 395; thence southwesterly twenty-six miles more or less along SR 395 to the Adams-Franklin County line; thence west one mile more or less along Muse Road to the Roxboro Road; thence northerly and westerly thirty-one miles more or less along the east and north boundary of Area 2 to the Grant-Adams County line; thence north twelve miles more or less along the Grant-Adams County line to the point of beginning.

(2) Area 3 restrictions. On and after May 16th through October 31st, the use and application of low volatile formulations of use restricted herbicides is prohibited.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-325, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-325, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-03-035 (Order 1674), § 16-231-325, filed 2/20/80.

Wash. Admin. Code § 16-231-330 Boundaries for Adams County Area 4.

Area 4 description. Outlying area east of Area 3.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-330, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-330, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-330, filed 2/26/91, effective 3/29/91
WSR 80-03-035 (Order 1674), § 16-231-330, filed 2/20/80.

Wash. Admin. Code § 16-231-340 Restrictions on applications due to wind conditions in Adams County.

(1) Area 1 and 2.

(a) The use or application of use restricted herbicides shall be prohibited on and after April 16th through October 31st when the mean sustained wind velocity is over ten miles per hour.

(b) The use or application of use restricted herbicides is prohibited on and after November 1st through April 15th of the following year when the mean sustained wind velocity is over twelve miles per hour: Provided, That application of allowable use restricted herbicides is exempt from these wind restrictions when applying fifty gallons or more per acre in conformance with the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards.

(2) Area 3 and 4. The use or application of use restricted herbicides is prohibited when the mean sustained wind velocity is over twelve miles per hour: Provided, That ground applications of use restricted herbicides are exempt from these wind restrictions when applying fifty gallons or more per acre in conformance with the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-340, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-340, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-340, filed 2/26/91, effective 3/29/91
WSR 87-09-015 (Order 1923), § 16-231-340, filed 4/6/87
WSR 80-03-035 (Order 1674), § 16-231-340, filed 2/20/80.

Wash. Admin. Code § 16-231-400 Use restricted herbicides—Columbia County—Area under order.

(1) The area under order includes all lands lying within the boundaries of Columbia County. WAC 16-231-405 through 16-231-425 applies to the area under order.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-400, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-400, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-400, filed 2/26/91, effective 3/29/91
WSR 80-03-034 (Order 1673), § 16-231-400, filed 2/20/80.

Wash. Admin. Code § 16-231-405 Use restricted herbicides in Columbia County.

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-405, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-405, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-405, filed 2/26/91, effective 3/29/91
WSR 80-03-034 (Order 1673), § 16-231-405, filed 2/20/80.

Wash. Admin. Code § 16-231-413 Boundaries and restrictions for Columbia County Area 1.

(1) Area 1 description. That area within a distance of one-half mile of the city limits of Dayton.

(2) Area 1 restrictions. Aircraft applications of use restricted herbicides are prohibited on and after April 5th through October 31st: Provided, That upon written request to the Washington state department of agriculture, aircraft applications by permit shall be considered for purposes of critical weed control.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-413, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-413, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 85-07-029 (Order 1849), § 16-231-413, filed 3/15/85.

Wash. Admin. Code § 16-231-415 Boundaries and restrictions for Columbia County Area 2.

(1) Area 2 description. (Huntsville, Dayton, Baileysburg, and vicinity.) Sections 1 through 12, T9N, R38E; Sections 24, 25, 26 and 30 through 36, T10N, R38E; Sections 19, 20 and 28 through 33, T10N, R39E; Sections 2 through 11, 15 through 17, 21 and 22 and that portion of Section 20 lying east of the Payne Hollow Road in T9N, R39E in Columbia County.

(2) Area 2 restrictions. The use or application of low volatile formulations of use restricted herbicides is prohibited on and after May 1st through October 31st.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-415, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-415, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-03-034 (Order 1673), § 16-231-415, filed 2/20/80.

Wash. Admin. Code § 16-231-420 Boundaries for Columbia County Area 4.

Area 4 description. This area includes all remaining lands in Columbia County not included in WAC 16-231-413 and 16-231-415.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-420, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-420, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-420, filed 2/26/91, effective 3/29/91
WSR 80-03-034 (Order 1673), § 16-231-420, filed 2/20/80.

Wash. Admin. Code § 16-231-425 Restrictions due to wind conditions for Columbia County.

The use or application of use restricted herbicides is prohibited in Area 2 and 4 when the mean sustained wind velocity is over twelve miles per hour throughout the year: Provided, That such application is prohibited in Area 2 on and after May 1st through October 31st when the mean sustained wind velocity is over seven miles per hour.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-425, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-425, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-425, filed 2/26/91, effective 3/29/91
WSR 87-09-015 (Order 1923), § 16-231-425, filed 4/6/87
WSR 80-03-034 (Order 1673), § 16-231-425, filed 2/20/80.

Wash. Admin. Code § 16-231-500 Restrictions for herbicide use in Whitman County.

(1) The area under order includes all lands lying within the boundaries of Whitman County. WAC 16-231-505 through 16-231-530 applies to the area under order.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-500, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-500, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-500, filed 2/26/91, effective 3/29/91
WSR 80-03-033 (Order 1672), § 16-231-500, filed 2/20/80.

Wash. Admin. Code § 16-231-505 Use restricted herbicides in Whitman County.

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-505, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-505, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-505, filed 2/26/91, effective 3/29/91
WSR 80-03-033 (Order 1672), § 16-231-505, filed 2/20/80.

Wash. Admin. Code § 16-231-510 Boundaries and restrictions for Whitman County Area 1.

(1) Area 1 description. (Cities and/or towns and Pullman vicinity.) The areas within a distance of one mile of the city limits of any incorporated city or town and the same distance from the center of any unincorporated town comprised of ten or more inhabited, closely grouped residences within Whitman County: Provided, That the area under this section shall also include all of the lands in Section 28 through 33, T15N, R45E; Sections 25, 26, 27, 34, 35, and 36, T15N, R44E; Sections 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, and 21, T14N, R45E; Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, and 24, T14N, R44E.

(2) Area 1 restrictions. The use or application of low volatile ester formulations of use restricted herbicides is prohibited throughout the year: Provided, That the low volatile formulation of MCPA is allowed on and after November 1st through April 15th of each year.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-510, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-510, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-510, filed 2/26/91, effective 3/29/91
WSR 80-03-033 (Order 1672), § 16-231-510, filed 2/20/80.

Wash. Admin. Code § 16-231-515 Boundaries and restrictions for Whitman County Area 3.

Area 3 description. (Eastern portion of Whitman County.) An area east of a north-south line starting at the Whitman-Spokane County line and State Highway 195; thence southerly along Highway 195 to Colfax; thence southerly along County Roads No. 478 and No. 141 to the junction of County Roads No. 141 and No. 451; thence southerly on County Road No. 451 to County Road No. 143; thence southerly along County Road No. 143 to Almota and the Snake River.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-515, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-515, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-03-033 (Order 1672), § 16-231-515, filed 2/20/80.

Wash. Admin. Code § 16-231-520 Boundaries for Whitman County Area 4.

Area 4 description. (Outlying area west of Area 3.) All remaining lands in Whitman County west of Area 3.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-520, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-520, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-03-033 (Order 1672), § 16-231-520, filed 2/20/80.

Wash. Admin. Code § 16-231-530 Restrictions due to wind conditions in Whitman County.

(1) Areas 1 and 3. The use or application of use restricted herbicides is prohibited when the mean sustained wind velocity is over twelve miles per hour.

(2) Area 4. The use or application of use restricted herbicides is prohibited when the mean sustained wind velocity is over twelve miles per hour: Provided, That ground applications of use restricted herbicides in conformance with the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards are allowed when the mean sustained wind velocity is fifteen miles per hour or less and allowed by the label.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-530, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-530, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-530, filed 2/26/91, effective 3/29/91
WSR 87-09-015 (Order 1923), § 16-231-530, filed 4/6/87
WSR 80-03-033 (Order 1672), § 16-231-530, filed 2/20/80.

Wash. Admin. Code § 16-231-600 Restrictions for herbicide use in Klickitat County.

(1) The area under order includes all lands lying within the boundaries of Klickitat County. WAC 16-231-605 through 16-231-620 applies to the area under order.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-600, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-600, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-600, filed 2/26/91, effective 3/29/91
WSR 80-03-029 (Order 1668), § 16-231-600, filed 2/20/80.

Wash. Admin. Code § 16-231-605 Use restricted herbicides in Klickitat County.

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-605, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-605, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-605, filed 2/26/91, effective 3/29/91
WSR 80-03-029 (Order 1668), § 16-231-605, filed 2/20/80.

Wash. Admin. Code § 16-231-613 Boundaries and restrictions for Klickitat County Area 2.

(1) Area 2 description. (Southeast corner of Klickitat County.) Sections 13, 14, 21, 22, 23, 24, 25, 26, 27, 28, 34, 35, 36, Township 5 north, Range 23 east; Sections 21, 22, south half of Section 23, Sections 26, 27, 28, 33, 34, west half of Section 35, Township 5 north, Range 22 east; Sections 1, 2, 11, 12, Township 4 north, Range 23 east.

(2) Area 2 restrictions. The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 15th through October 31st: Provided, That upon written request to the Washington state department of agriculture, a permit may be issued for purposes of critical weed control.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-613, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-613, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 85-07-029 (Order 1849), § 16-231-613, filed 3/15/85.

Wash. Admin. Code § 16-231-615 Boundaries and restrictions for Klickitat County Area 3.

(1) Area 3 description. All remaining lands within the boundaries of Klickitat County not included in WAC 16-231-613.

(2) Area 3 restrictions. The use or application of low volatile formulations of use restricted herbicides is prohibited on and after May 1st through September 30th of each year: Provided, That on and after May 1st through May 14th of each year, low volatile formulations shall be considered through written request to the department of agriculture.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-615, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-615, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-615, filed 2/26/91, effective 3/29/91
WSR 85-07-029 (Order 1849), § 16-231-615, filed 3/15/85
WSR 80-03-029 (Order 1668), § 16-231-615, filed 2/20/80.

Wash. Admin. Code § 16-231-620 Restrictions due to wind conditions in Klickitat County.

The use or application of use restricted herbicides is prohibited in the area under order when the mean sustained wind velocity is over twelve miles per hour throughout the year.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-620, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-620, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-620, filed 2/26/91, effective 3/29/91
WSR 87-09-015 (Order 1923), § 16-231-620, filed 4/6/87
WSR 80-03-029 (Order 1668), § 16-231-620, filed 2/20/80.

Wash. Admin. Code § 16-231-700 Restrictions for herbicide use in Okanogan County.

(1) The area under order includes all lands lying within the boundaries of Okanogan County. WAC 16-231-705 through 16-231-720 applies to the area under order.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-700, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-700, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-700, filed 2/26/91, effective 3/29/91
WSR 80-03-027 (Order 1666), § 16-231-700, filed 2/20/80.

Wash. Admin. Code § 16-231-705 Use restricted herbicides in Okanogan County.

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-705, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-705, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-705, filed 2/26/91, effective 3/29/91
WSR 80-03-027 (Order 1666), § 16-231-705, filed 2/20/80.

Wash. Admin. Code § 16-231-710 Boundaries and restrictions for Okanogan County Area 1.

(1) Area 1 description. (Okanogan County) An area starting at the intersection of the east boundary line of Section 24, T29N, R25E, and the Columbia River; thence north 19 miles more or less to the southwest corner of Section 7, T32N, R26E; thence east three miles to the southeast corner of Section 9; thence north two miles to the northeast corner of Section 4; thence east three miles more or less to the southeast corner of Section 36, T33N, R26E; thence north four miles to the southwest corner of Section 7, T33N, R27E; thence east two miles to the southeast corner of Section 8; thence north six miles to the northeast corner of Section 17, T34N, R27E; thence west eight miles to the northwest corner of Section 18, T34N, R26N; thence south four miles to the southwest corner of Section 31; thence west three miles to the northwest corner of Section 3, T33N, R25E; thence south four miles to the southwest corner of Section 22, T33N, R25E; thence west three miles to the northwest corner of Section 30; thence south two miles to the southwest corner of Section 31; thence west two miles to the northwest corner of Section 2, T32N, R24E; thence south ten miles to the southwest corner of Section 23, T31N, R24E; thence west four miles to the northwest corner of Section 30; thence south seven miles more or less to the north bank of the Columbia River; thence easterly along the north bank of the Columbia River to the point of beginning.

(2) Area 1 restrictions. The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 15th through October 31st of each year.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-710, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-710, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-03-027 (Order 1666), § 16-231-710, filed 2/20/80.

Wash. Admin. Code § 16-231-720 Restrictions due to wind conditions in Okanogan County.

The use or application of use restricted herbicides is prohibited in the area under order when the mean sustained wind velocity is over twelve miles per hour throughout the year.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-720, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-720, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-720, filed 2/26/91, effective 3/29/91
WSR 87-09-015 (Order 1923), § 16-231-720, filed 4/6/87
WSR 80-03-027 (Order 1666), § 16-231-720, filed 2/20/80.

Wash. Admin. Code § 16-231-800 Restrictions for herbicide use in Douglas and Chelan counties.

(1) The area under order includes all lands lying within the boundaries of Douglas and Chelan counties. WAC 16-231-805 through 16-231-840 applies to the area under order.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-800, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-800, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-800, filed 2/26/91, effective 3/29/91
WSR 80-03-028 (Order 1667), § 16-231-800, filed 2/20/80.

Wash. Admin. Code § 16-231-805 Use restricted herbicides in Douglas and Chelan counties.

All formulations of phenoxy hormone-type herbicides, (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-805, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-805, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-805, filed 2/26/91, effective 3/29/91
WSR 80-03-028 (Order 1667), § 16-231-805, filed 2/20/80.

Wash. Admin. Code § 16-231-810 Boundaries and restrictions for Area 1 in Douglas and Chelan counties.

(1) Area 1 description - Chelan County. An area starting at the southeast corner of Section 32, T21N, R22E; thence west one mile to the southwest corner of Section 32; thence north five miles more or less to the right of way of the Malaga Road; thence along and including the Malaga Road right of way to the city limits of Wenatchee; thence east to the Columbia River, and along the west bank of the Columbia River to the point of beginning.

(2) Area 1 description - Douglas County. An area on the east bank of the Columbia River, beginning at the southwest corner of Section 33, T21N, R22E; thence east one mile to the southeast corner of Section 33; thence north one mile to the southwest corner of Section 27; thence east one mile to the southeast corner of Section 27; thence north one mile to the southwest corner of Section 23, thence east one mile to the southeast corner of Section 23; thence north one mile to the northeast corner of Section 23; thence west one mile to the northwest corner of Section 23; thence north one mile to the northeast corner of Section 15; thence west one mile to the northwest corner of Section 15; thence north two miles to the northeast corner of Section 4; thence west one mile more or less to and including the right of way of State Road 28; thence northwest along the highway right of way to the east section line of Section 25, T22N, R21E; thence north five miles more or less to the northeast corner of Section 1, T22N, R21E; thence west eight miles more or less to the east bank of the Columbia River; thence southeasterly along the east bank of the Columbia River to the point of beginning.

(3) Area 1 restrictions. The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 15th through October 31st.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-810, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-810, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-03-028 (Order 1667), § 16-231-810, filed 2/20/80.

Wash. Admin. Code § 16-231-815 Boundaries and restrictions for Area 2 in Douglas and Chelan counties.

(1) Area 2 description. (Buffer area - A protective area around Azwell, Manson, and the mouth of the Moses-Coulee.)

(a) Chelan County - Those areas lying within a one mile radius from the center of the towns of Azwell and Manson. Sections 13, 14, 15 and 16, T28N, R21E.

(b) Douglas County - (Moses-Coulee and Bridgeport area.) Section 1, 2, 3, 10, 11, 12, 13, 14, 24, 25, 26, 34, 35, and 36, N21N, R22E, and Sections 1, 2, 3, 4, 9, 10, 11, 12 and those portions of Sections 13, 14, 15 and 16, T20N, R22E.

(2) Area 2 restrictions. The use or application of low volatile formulations of use restricted herbicides is prohibited on and after May 1st through October 31st.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-815, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-815, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-03-028 (Order 1667), § 16-231-815, filed 2/20/80.

Wash. Admin. Code § 16-231-820 Boundaries and restrictions for Area 3 in Douglas and Chelan counties.

(1) Area 3 description. (Buffer area between Rock Island and Palisades.) An area starting at the northwest corner of Section 6, T22N, R22E; thence east along the township line twelve miles to the Douglas-Grant county line; thence southwesterly along the county line to the east boundary line of Area 2; thence north and west along the Area 2 boundary line to the Area 1 boundary line; thence northerly along the Area 1 boundary line to the point of beginning.

(2) Area 3 restrictions. The use or application of low volatile formulations of use restricted herbicides is prohibited on and after May 1st through October 31st.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-820, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-820, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-03-028 (Order 1667), § 16-231-820, filed 2/20/80.

Wash. Admin. Code § 16-231-825 Boundaries and restrictions for Area 4 in Douglas and Chelan counties.

Area 4 description. All remaining lands in Douglas County not included in WAC 16-231-810, 16-231-815 and 16-231-820.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-825, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-825, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-825, filed 2/26/91, effective 3/29/91
WSR 80-03-028 (Order 1667), § 16-231-825, filed 2/20/80.

Wash. Admin. Code § 16-231-840 Restrictions due to wind conditions in Douglas and Chelan counties.

The use or application of use restricted herbicides is prohibited in Areas 2, 3 and 4 when the mean sustained wind velocity is over twelve miles per hour throughout the year and in Area 1 when the mean sustained wind velocity is over twelve miles per hour on and after November 1st through April 15th of the following year, and over seven miles per hour from April 16th through October 31st.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-840, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-840, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-840, filed 2/26/91, effective 3/29/91
WSR 87-09-015 (Order 1923), § 16-231-840, filed 4/6/87
WSR 80-03-028 (Order 1667), § 16-231-840, filed 2/20/80.

Wash. Admin. Code § 16-231-900 Restrictions for herbicide use in Grant County.

(1) The area under order includes all lands lying within the boundaries of Grant County. WAC 16-231-905 through 16-231-935 applies to the area under order.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-900, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-900, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-900, filed 2/26/91, effective 3/29/91
WSR 80-03-031 (Order 1670), § 16-231-900, filed 2/20/80.

Wash. Admin. Code § 16-231-905 Use restricted herbicides in Grant County.

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-905, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-905, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-905, filed 2/26/91, effective 3/29/91
WSR 80-03-031 (Order 1670), § 16-231-905, filed 2/20/80.

Wash. Admin. Code § 16-231-910 Boundaries and restrictions for Grant County Area 1.

(1) Area 1 description. (Lands generally within the Columbia Basin irrigation project.) An area starting at the southwest corner of Section 21, T14N, R27E; thence east along the county line four miles more or less to the southeast corner of Section 24, T14N, R27E; thence north along the county line sixteen miles to the southwest corner of Section 31, T17N, R28E; thence east along the county line thirteen miles more or less to the East Low Canal; thence northerly and easterly along the East Low Canal to the Adams County line; thence north along the Grant-Adams County lines six miles more or less to the East Low Canal; thence northwesterly along the East Low Canal to the southeast boundary of Block 70; thence easterly, northerly, and westerly, encompassing Block 70, Soap Lake and Block 701, to the West Main Canal; thence southwesterly along the West Main Canal to the north boundary line of Unit 1, Block 73; thence westerly along the northern boundary line of Block 73 to the northwest corner of Unit 278; then due west to the Willow Springs Draw; thence down Willow Springs Draw to the Columbia River; thence southerly along the Columbia River to the south boundary line of Section 11, T15N, R23E; thence east along the crest of the Saddle Mountains approximately eighteen miles to the northwest boundary of the atomic energy reservation; thence southwesterly along the atomic energy reservation boundary to Highway 24; thence south and west along Highway 24 to Vernita Bridge; thence easterly along the Columbia River to the point of beginning.

(2) Area 1 restrictions.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-910, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-910, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 87-18-060 (Order 1950), § 16-231-910, filed 9/1/87
WSR 87-09-015 (Order 1923), § 16-231-910, filed 4/6/87
WSR 80-03-031 (Order 1670), § 16-231-910, filed 2/20/80.

Wash. Admin. Code § 16-231-912 Boundaries and restrictions for Grant County Area 1A.

(1) Area 1A description. Lands generally in the Mattawa area in the southwestern part of the county starting at the west end of the crest of Saddle Mountain at the Columbia River, south boundary line of Section 11, T15N, R23E; thence east along the crest of the Saddle Mountains approximately eighteen miles to the northwest boundary of the atomic energy reservation; thence southwesterly along the atomic energy reservation boundary to Highway 24; thence following Highway 24 to the Vernita Bridge at the Columbia River; thence northwesterly along the Columbia River to the point of beginning.

(2) Area 1A restrictions.

(c) On and after April 5th through October 31st, aircraft applications of use restricted herbicides are prohibited except by written permit issued by the Washington state department of agriculture.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-912, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-912, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 88-05-033 (Order 1965), § 16-231-912, filed 2/12/88
WSR 87-09-015 (Order 1923), § 16-231-912, filed 4/6/87.

Wash. Admin. Code § 16-231-915 Boundaries and restrictions for Grant County Area 2.

(1) Area 2 description. (Buffer area.) An area lying north and east of Area 1 starting at the junction of the Grant-Douglas County line and the Columbia River near Trinidad; thence north and easterly along the county line to the southwest corner of Section 35, T23N, R26E; thence east along section lines twelve miles to Grant County Road J/NW; thence south one mile along Grant County Road J/NW to the Burlington Northern Railroad tracks; thence east fourteen miles more or less to the Grant-Lincoln County line; thence south twenty-five miles more or less along the Grant-Lincoln and Grant-Adams County line to the northern boundary line of Area 1 (East Low Canal); thence northerly and westerly along the northern boundary line of Area 1 to the point of beginning; and also an area near Warden starting at the East Low Canal near the southeast corner of Section 13, T17N, R30E; thence westerly and southerly along the East Low Canal to the Grant-Adams County line near the corner of Section 32, T17N, R30E; thence east five miles and north three miles along the Grant-Adams County line to the point of beginning.

(2) Area 2 restrictions. On and after May 1st through October 31st, the use or application of low volatile formulations of use restricted herbicides is prohibited.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-915, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-915, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-03-031 (Order 1670), § 16-231-915, filed 2/20/80.

Wash. Admin. Code § 16-231-920 Boundaries and restrictions for Grant County Area 3.

(1) Area 3 description. (Outlying area.) An area starting at the intersection of the Burlington Northern Railroad tracks near the northeast corner of Section 13, T22N, R30E; thence north nineteen miles more or less along the Grant County line to Highway 2; thence westerly along Highway 2 to the Douglas County line; thence southwesterly along the Douglas County line to the southwest corner of Section 35, T23N, R26E; thence east along section lines twelve miles to Grant County Road J/NW; thence south one mile along Grant County Road J/NW to the Burlington Northern Railroad tracks near Stratford; thence easterly along the Burlington Northern Railroad tracks fourteen miles more or less to the point of beginning.

(2) Area 3 restrictions. On and after May 16th through October 31st, the use and application of low volatile formulations of use restricted herbicides is prohibited.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-920, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-920, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-03-031 (Order 1670), § 16-231-920, filed 2/20/80.

Wash. Admin. Code § 16-231-925 Boundaries for Grant County Area 4.

Area 4 description. All remaining lands in Grant County lying north of Highway 2.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-925, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-925, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-03-031 (Order 1670), § 16-231-925, filed 2/20/80.

Wash. Admin. Code § 16-231-935 Restrictions due to wind conditions in Grant County.

The use or application of use restricted herbicides is prohibited in Areas 2, 3, and 4 when the mean sustained wind velocity is over twelve miles per hour throughout the year and in Area 1 and 1A when the mean sustained wind velocity is over twelve miles per hour on and after November 1st through March 31st of the following year, and over ten miles per hour from April 1st through October 31st: Provided, That applications of allowable use restricted herbicides are exempt from these wind restrictions when applying fifty gallons or more per acre in conformance with the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-231-935, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-231-935, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-231-935, filed 2/26/91, effective 3/29/91
WSR 87-09-015 (Order 1923), § 16-231-935, filed 4/6/87
WSR 80-03-031 (Order 1670), § 16-231-935, filed 2/20/80.

Chapter 16-232 Use restricted herbicides in certain counties.

Wash. Admin. Code § 16-232-0010 Adoption of national consensus code.

Adoption of provisions under the American Society of Agricultural and Biological Engineers (ASABE) standards in this chapter is adoption of the provisions in the July 2018 version.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-0010, filed 12/26/18, effective 1/26/19.

Wash. Admin. Code § 16-232-002 Order of precedence.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-002, filed 12/26/18, effective 1/26/19.

Wash. Admin. Code § 16-232-003 Definitions.

"Ready-to-use" means a pesticide that is applied directly from its original container consistent with label directions.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-003, filed 12/26/18, effective 1/26/19.

Wash. Admin. Code § 16-232-004 Restrictions for pesticide use in Walla Walla County.

(1) The area under order includes all lands lying within the boundaries of Walla Walla County. WAC 16-232-005 through 16-232-077 applies to the area under order.

(2) The distribution, use, and application of use restricted herbicides in the area under order shall comply with rules relating to the use of pesticides in chapter 16-228 WAC, and rules relating to the use of use restricted herbicides in WAC 16-230-600 through 16-230-670.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, amended and recodified as § 16-232-004, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-001, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-232-001, filed 11/22/00, effective 12/23/00
WSR 91-06-019 (Order 2073), § 16-232-001, filed 2/26/91, effective 3/29/91
WSR 80-03-026 (Order 1665), § 16-232-001, filed 2/20/80.

Wash. Admin. Code § 16-232-005 Use restricted herbicides in Walla Walla County.

All formulations of phenoxy hormone-type herbicides, (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-005, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-005, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-232-005, filed 11/22/00, effective 12/23/00
WSR 80-03-026 (Order 1665), § 16-232-005, filed 2/20/80.

Wash. Admin. Code § 16-232-007 Use restricted pesticides in certain areas of Walla Walla County.

The following pesticides are declared to be use restricted pesticides in areas 2B, 4, and 6:

(1) Use restricted herbicides*:

(a) Sulfonylurea herbicides (such as Glean, Telar, Finesse, Escort);

(b) Desiccants and defoliants (such as Paraquat, Diquat, Endothall);

(d) Phenoxy hormone-type herbicides (such as 2,4-D, MCPA);

(e) Dicamba (such as Banvel);

(f) Bromoxynil except that the cutoff dates of April 5th, April 15th and May 15th do not apply.

| * | This is to be used only as a guide and may not include all brand or trade names under which these chemicals are distributed. | | --- | --- |

(2) All aerial applications of Category I insecticides with the signal words danger/poison on the label, except granular and pellet formulations.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-007, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 09-21-006, § 16-232-007, filed 10/8/09, effective 11/8/09
WSR 07-11-041A, § 16-232-007, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-232-007, filed 11/22/00, effective 12/23/00.

Wash. Admin. Code § 16-232-010 Boundaries and restrictions on use restricted herbicides in Walla Walla County Area 1.

(1) Area 1 description. (Columbia River Buffer area.) An area starting at the intersection of the common boundary line between Sections 14 and 15, T6N, R32E and the Washington-Oregon state line; thence north along the section lines ten miles more or less to the southeast corner of Section 22, T8N, R32E; thence east along the section lines two miles to the southeast corner of Section 24, T8N, R32E; thence north along the section lines five miles more or less to the intersection with the Northern Pacific Railroad; thence northeasterly seven miles more or less along the railroad, including the right of way, to the intersection with State Route 124 and C.M. Rice Road at the northeast corner of Section 2, T9N, R33E; thence northerly along C.M. Rice Road, including the right of way, to the Snake River; thence southwesterly along the Snake River to a point near the east section line of Section 23 T9N, R31E; thence south approximately twelve miles to the Walla Walla River; thence west along the Walla Walla River until its intersection with the Columbia River and the Walla Walla-Benton County line; thence southwesterly along the Columbia River approximately three and one-half miles to the intersection of the Washington-Oregon state line; thence east along the Washington-Oregon state line to the point of beginning.

(2) Area 1 restrictions.

(a) The use or application of low volatile ester formulations of use restricted herbicides is prohibited on and after April 5th through October 31st.

(b) On and after April 5th through October 31st, aerial applications of use restricted herbicides are prohibited except by written permit issued by the department.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-010, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-010, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-232-010, filed 11/22/00, effective 12/23/00
WSR 88-05-033 (Order 1965), § 16-232-010, filed 2/12/88
WSR 87-09-015 (Order 1923), § 16-232-010, filed 4/6/87
WSR 81-07-041 (Order 1724), § 16-232-010, filed 3/13/81
WSR 80-03-026 (Order 1665), § 16-232-010, filed 2/20/80.

Wash. Admin. Code § 16-232-015 Boundaries and restrictions on use restricted herbicides in Walla Walla County Area 2.

(1) Area 2 description. (Walla Walla and vicinity, Dixie, Waitsburg, and Prescott areas.) Those areas lying within a one mile radius from the center of the town of Dixie and within one mile of the city limits of the towns of Waitsburg and Prescott and an area starting at the intersection of the common boundary line between Sections 15 and 16, T6N, R36E and the Washington-Oregon state line; thence north along the section line one mile more or less to the southwest corner of Section 3, T6N, R36E; thence east along the section lines two miles to the southeast corner of Section 2, T6N, R36E; thence north along the section lines three miles to the southwest corner of Section 24, T7N, R36E; thence east along the section line one mile to the southeast corner of Section 24, T7N, R36E; thence north along the section line one mile to the southwest corner of Section 18, T7N, R37E; thence east along the section line one mile to the southeast corner of Section 18, T7N, R37E; thence north along the section line one mile to the northeast corner of Section 18, T7N, R37E; thence west along the section lines nine miles to the northwest corner of Section 14, T7N, R35E; thence south along the section line one mile to the northeast corner of Section 22, T7N, R35E; thence west along the section line one mile to the northwest corner of Section 22, T7N, R35E; thence south along the section lines one mile more or less to State Route 12; thence westerly along State Route 12, including the right of way, three miles more or less to the intersection with Detour Road; thence southwesterly along Detour Road, including the right of way, one-half mile more or less to the intersection with Forest Road; thence south along Forest Road, including the right of way, one mile more or less to the intersection with Frog Hollow Road at the southwest corner of Section 6, T6N, R35E; thence east along Frog Hollow Road, including the right of way, one mile more or less to the intersection with Locher Road; thence south along Locher Road, including the right of way, one mile more or less to the Washington-Oregon state line; thence east along the state line eight miles more or less to the point of beginning.

(2) Area 2 restrictions.

(a) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 15th through October 31st.

(b) Aircraft applications shall be prohibited on and after April 15th through October 31st: Provided, That:

(i) The aerial application of MCPA shall be allowed.

(ii) Aerial applications of nonvolatile formulations of use restricted herbicides from one-half to one mile of the center of the town of Dixie and from the city limits of Waitsburg, Prescott and Walla Walla shall be considered through written request to the Washington state department of agriculture.

(iii) Those portions of the city of Walla Walla which fall within Sections 13, 14, 22, 23 and 24, T7N, R35E of Walla Walla County are not considered as part of the city limits of Walla Walla for purposes of issuing permits by the department for aerial application of nonvolatile formulations of restricted use pesticides.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-015, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-015, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 88-21-098 (Order 1989), § 16-232-015, filed 10/19/88
WSR 88-05-033 (Order 1965), § 16-232-015, filed 2/12/88
WSR 80-03-026 (Order 1665), § 16-232-015, filed 2/20/80.

Wash. Admin. Code § 16-232-020 Boundaries and restrictions on use restricted herbicides in Walla Walla County Area 2A.

(1) Area 2A description. (Buffer area surrounding Dixie and Walla Walla.) An area, excluding a one mile radius from the center of the town of Dixie, starting at the intersection of the common boundary line between Sections 14 and 15, T6N, R32E and the Washington-Oregon state line; thence north along the section lines six miles more or less to the northwest corner of Section 14, T7N, R32E; thence east along the section lines ten miles to the southwest corner of Section 9, T7N, R34E; thence north along the section line one mile to the northwest corner of Section 9, T7N, R34E; thence east along the section lines two miles to the southwest corner of Section 2, T7N, R34E; thence north along the section line one mile to the northwest corner of Section 2, T7N, R34E; thence east along the section lines two miles to the southwest corner of Section 31, T8N, R35E; thence north along the section lines six miles to the northwest corner of Section 6, T8N, R35E; thence east along the section lines and the Columbia-Walla Walla County line twenty-four miles to the northeast corner of Section 1, T8N, R38E; thence south along the Columbia-Walla Walla County line fourteen miles more or less to the Washington-Oregon state line; thence west along the state line fifteen miles to the common boundary line between Sections 15 and 16, T6N, R36E; thence north along the section line one mile more or less to the northwest corner of Section 10, T6N, R38E; thence east along the section lines two miles to the southwest corner of Section 1, T6N, R36E; thence north along the section lines three miles to the northwest corner of Section 25, T7N, R36E; thence east along the section line one mile to the southwest corner of Section 19, T7N, R37E; thence north along the section line one mile to the northwest corner of Section 19, T7N, R37E; thence east along the section line one mile to the northeast corner of Section 19, T7N, R37E; thence north along the section line one mile to the southwest corner of Section 8, T7N, R37E; thence west along the section lines nine miles to the northeast corner of Section 15, T7N, R35E; thence south along the section line one mile to the southeast corner of Section 15, T7N, R35E; thence west along the section line one mile to the southwest corner of Section 15, T7N, R35E; thence south along the section lines one mile more or less to State Route 12; thence westerly along State Route 12, excluding the right of way, three miles more or less to the intersection with Detour Road; thence southwesterly along Detour Road, excluding the right of way, one-half mile more or less to the intersection with Forest Road; thence south along Forest Road, excluding the right of way, one mile more or less to the intersection with Frog Hollow Road at the southwest corner of Section 6, T6N, R35E; thence east along Frog Hollow Road, excluding the right of way, one mile more or less to the intersection with Locher Road; thence south along Locher Road, excluding the right of way, one mile more or less to the Washington-Oregon state line; thence west along the state line fifteen miles more or less to the point of beginning.

(2) Area 2A restrictions. The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 15th through October 31st: Provided, That 2,4-DB is allowed on alfalfa seed crops at any time.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-020, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-020, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 88-05-033 (Order 1965), § 16-232-020, filed 2/12/88
WSR 80-03-026 (Order 1665), § 16-232-020, filed 2/20/80.

Wash. Admin. Code § 16-232-025 Boundaries and restrictions on use restricted herbicides in Walla Walla County Area 3.

(1) Area 3 description. All of the remaining lands within the border of Walla Walla County.

(2) Area 3 restrictions. The use and application of low volatile formulations of use restricted herbicides is prohibited on and after May 15th through October 31st.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-025, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-025, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 88-05-033 (Order 1965), § 16-232-025, filed 2/12/88
WSR 80-03-026 (Order 1665), § 16-232-025, filed 2/20/80.

Wash. Admin. Code § 16-232-027 Boundaries and restrictions on use restricted herbicides in Walla Walla County Area 3A.

(1) Area 3A description. An area beginning at the southwest corner of Section 11, T7N, R32E; thence east along the section lines six miles more or less to the intersection with the Touchet North Road at the southeast corner of Section 10, T7N, R33E; thence northerly along the Touchet North Road, including the right of way, to the intersection with State Route 124; thence west one-half mile more or less along State Route 124, excluding the right of way, to the intersection with the Northern Pacific Railroad at the northwest corner of Section 1, T9N, R33E; thence southwesterly seven miles more or less along the railroad, excluding the right of way, to the intersection with the common boundary line between Section 25, T9N, R32E and Section 30, T9N, R33E; thence south along the section lines five miles more or less to the northeast corner of Section 25, T8N, R32E; thence west along the section lines two miles to the northwest corner of Section 26, T8N, R32E; thence south along the section lines four miles to the point of beginning.

(2) Area 3A restrictions. The use and application of low volatile formulations of use restricted herbicides is prohibited on and after April 15th through October 31st.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-027, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-027, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 88-05-033 (Order 1965), § 16-232-027, filed 2/12/88.

Wash. Admin. Code § 16-232-035 Restrictions on use restricted herbicides in Walla Walla County due to wind conditions.

The use or application of use restricted herbicides is prohibited in Areas 1, 2, 2A, 3, and 3A when the mean sustained wind velocity is over twelve miles per hour throughout the year: Provided, That such applications are prohibited in Areas 1 and 2 on and after April 1st through October 31st when the mean sustained wind velocity is over seven miles per hour.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-035, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-035, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 88-09-013 (Order 1973), § 16-232-035, filed 4/12/88
WSR 87-09-015 (Order 1923), § 16-232-035, filed 4/6/87
WSR 80-03-026 (Order 1665), § 16-232-035, filed 2/20/80.

Wash. Admin. Code § 16-232-041 Boundaries and restrictions on use restricted herbicides in Walla Walla County Area 2B.

(1) Area 2B description. An area including all lands lying within a boundary line beginning at the intersection of the Union Pacific Railroad and U.S. Highway 12 in Section 10, T7N, R31E; thence southerly along Highway 12 approximately three miles until its intersection with the Walla Walla River; thence west along the Walla Walla River until its intersection with the Columbia River and the Walla Walla-Benton County line; thence northwesterly along the Columbia River approximately ten miles until its intersection with the Snake River; thence northeasterly along the Snake River until its intersection with Highway 12 in Section 35, T9N, R30E; thence southeasterly along Highway 12 to the point of beginning.

(2) Area 2B restrictions.

(a) Application by air of use restricted pesticides as defined in WAC 16-232-007 is prohibited.

(c) On and after April 5th through October 31st of each year, applications of use restricted herbicides are prohibited daily from three hours prior to sunset until two hours after sunrise the following morning: Provided, That applications of use restricted herbicides are exempt from the sunset and sunrise restrictions when using an application rate of forty gallons of water carrier or greater per treated acre in conformance with the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards: Provided further, That applications of granular and pellet formulations of the use restricted herbicides are exempt from the sunset and sunrise restrictions: Provided further, That applications of use restricted herbicides on small experimental plots for research purposes are exempt from the sunset and sunrise restrictions.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-041, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-041, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-232-041, filed 11/22/00, effective 12/23/00.

Wash. Admin. Code § 16-232-044 Boundaries and restrictions on use restricted herbicides in Walla Walla County Area 4.

(1) Area 4 description. An area including all lands lying within a boundary line beginning at the intersection of the Snake River and the Bonneville Power Administration power line near the east section line of Section 25, T9N, R30E; thence southeasterly along the Bonneville Power Administration power line until its intersection with SR 124 in Section 32, T9N, R31E; thence approximately two and one-half miles along SR 124 to the east section line of Section 34, T9N, R31E; thence south approximately three miles along section lines to the southeast corner of Section 15, T8N, R31E; thence west approximately one-fourth mile along the section line to the Union Pacific Railroad; thence southerly approximately four and one-half miles along the railroad until its intersection with U.S. Highway 12 near the Boise Cascade paper mill; thence northwesterly along Highway 12 to the point of its intersection with the Snake River in Section 35, T9N, R30E; thence northeasterly along the Snake River to the point of beginning.

(2) Area 4 restrictions.

(a) Application by air of use restricted pesticides as defined in WAC 16-232-007 may be made by written permit only.

(c) On and after April 5th through October 31st of each year, all applications of use restricted herbicides shall be prohibited daily from three hours prior to sunset until two hours after sunrise the following morning: Provided, That applications of use restricted herbicides are exempt from the sunset and sunrise restrictions when using an application rate of forty gallons of water carrier or greater per treated acre in conformance with the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards: Provided further, That applications of granular and pellet formulations of the use restricted herbicides are exempt from the sunset and sunrise restrictions: Provided further, That applications of the use restricted herbicides on small experimental plots for research purposes are exempt from the sunset and sunrise restrictions.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-044, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-044, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-232-044, filed 11/22/00, effective 12/23/00.

Wash. Admin. Code § 16-232-047 Boundaries and restrictions on use restricted herbicides in Walla Walla County Area 6.

(1) Area 6 description. An area including all lands lying within a boundary line beginning at the Snake River and the east section line of Section 23, T9N, R31E; thence south approximately twelve miles along section lines to the Walla Walla River; thence west along the Walla Walla River until its intersection with the Columbia River and the Walla Walla-Benton County line; thence northwesterly along the Columbia River approximately two miles to the southern section line of Section 8, T7N, R31E; thence east approximately two miles along the section line until its intersection with U.S. Highway 12 in Section 10, T7N, R31E; thence northwesterly along U.S. Highway 12, approximately three-quarters of a mile until its intersection with the Union Pacific Railroad; thence northerly approximately four miles along the railroad until its intersection with the southern section line in Section 15, T8N, R31E; thence east approximately one-quarter mile along the section line to the southeast corner of Section 15, T8N, R31E; thence north approximately three miles until its intersection with SR 124; thence west along SR 124 approximately two and one-half miles until its intersection with the Bonneville Power Administration power line in Section 32, T9N, R31E; thence northwesterly along the power line until its intersection with the Snake River in Section 25, T9N, R30E; thence northeasterly along the Snake River to the point of beginning.

(2) Area 6 restrictions.

(a) The use or application of low volatile ester formulations of use restricted herbicides shall be prohibited on and after April 5th through October 31st of each year: Provided, That hormone sprays may be applied by aircraft to orchards for the prevention of fruit drop.

(b) On and after April 5th through October 31st of each year, all applications of use restricted herbicides are prohibited daily from three hours prior to sunset to sunrise the following morning: Provided, That applications of use restricted herbicides are exempt from the sunset restrictions when using an application rate of forty gallons of water carrier or greater per treated acre in conformance with the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards: Provided further, That applications of granular and pellet formulations of the use restricted herbicides are exempt from the sunset restrictions: Provided further, That applications of use restricted herbicides on small experimental plots for research purposes are exempt from the sunset restrictions.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-047, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-047, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-232-047, filed 11/22/00, effective 12/23/00.

Wash. Admin. Code § 16-232-053 Application of Paraquat or Diquat by air in Walla Walla County.

Aerial application of Paraquat and Diquat is prohibited in areas 2B, 4, and 6.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-053, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-053, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-232-053, filed 11/22/00, effective 12/23/00.

Wash. Admin. Code § 16-232-056 Application of sulfonylurea herbicides in Walla Walla County.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-056, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-056, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-232-056, filed 11/22/00, effective 12/23/00.

Wash. Admin. Code § 16-232-059 Conditions applying to permits in Walla Walla County.

The following conditions will apply to all permits issued in areas 2B, 4, and 6.

(1) Application for a permit may be made to the Washington State Department of Agriculture, Compliance Branch, 21 N. 1st Avenue Suite 236 Yakima, Washington 98902. Applications may also be taken in person or by facsimile. Permits will not be granted by telephone.

(3) No permit will be issued to apply any pesticide unless that permit is consistent with existing department laws and rules.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-059, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-059, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-232-059, filed 11/22/00, effective 12/23/00.

Wash. Admin. Code § 16-232-062 Application of use restricted pesticides in an emergency in Walla Walla County.

In the event of an emergency, as declared by the director, the department may issue permits for the use of use restricted pesticides in variation of any restrictions contained in areas 2B, 4, and 6. An emergency under this section may be declared if the director determines that the risk and amount of economic harm to any agriculture crop substantially outweighs the risk and amount of damage likely to occur if a variance permit is issued.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-062, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-062, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-232-062, filed 11/22/00, effective 12/23/00.

Wash. Admin. Code § 16-232-065 Restrictions on applications in Walla Walla County due to wind.

The use or application of all herbicides and class 1 and 2 insecticides are prohibited in areas 2B, 4, and 6 when the mean sustained wind velocity is over ten miles per hour throughout the year: Provided, That applications of granular and pellet formulations of use restricted pesticides defined in WAC 16-232-007 as well as applications made to structures are exempt from the wind restrictions.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-065, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-065, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-232-065, filed 11/22/00, effective 12/23/00.

Wash. Admin. Code § 16-232-077 Restrictions on applications of pesticides in Walla Walla County due to weather conditions.

Use restricted herbicides shall not be applied throughout the year in the entire area under order when there is a temperature inversion present or weather conditions are such that damage could result to adjacent and nearby towns, susceptible crops, and plantings through physical drift or volatilization: Provided, That applications of use restricted herbicides shall be exempt from the inversion requirements when using one hundred gallons or greater of water carrier per treated acre and conforming to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-077, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-077, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 00-24-002, § 16-232-077, filed 11/22/00, effective 12/23/00.

Wash. Admin. Code § 16-232-100 Restrictions for herbicide use in Lincoln County.

(1) The area under order includes all lands lying within the boundaries of Lincoln County. WAC 16-232-105 through 16-232-115 applies to the area under order.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-100, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-100, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-232-100, filed 2/26/91, effective 3/29/91
WSR 80-03-030 (Order 1669), § 16-232-100, filed 2/20/80.

Wash. Admin. Code § 16-232-105 Use restricted herbicides in Lincoln County.

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-105, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-105, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-232-105, filed 2/26/91, effective 3/29/91
WSR 80-03-030 (Order 1669), § 16-232-105, filed 2/20/80.

Wash. Admin. Code § 16-232-115 Boundaries and restrictions for Lincoln County Area 3.

(1) Area 3 description. (Southwestern Lincoln County.) Beginning at the Grant-Lincoln County line and state Highway 2; thence northeasterly two and one-half miles more or less along state Highway 2 to the Almira South Road; thence south seven miles more or less along the Almira South Road to the Monson Road; thence east six miles more or less along the Monson Road to state Highway 21; thence south twenty-seven miles more or less along state Highway 21 to the Lincoln-Adams County line; thence west thirteen and one-half miles more or less along the common boundary line between Lincoln and Adams counties to the Grant County line; thence north twenty-nine and one-half miles more or less along the common boundary line between Grant County and Lincoln County to the point of beginning.

(2) Area 3 restrictions. The use or application of low volatile formulations of use restricted herbicides shall be prohibited on and after May 16th through October 31st of each year.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-115, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-115, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-03-030 (Order 1669), § 16-232-115, filed 2/20/80.

Wash. Admin. Code § 16-232-200 Restrictions for use restricted herbicides in Garfield County.

(1) The area under order includes all lands lying within the boundaries of Garfield County. WAC 16-232-205 through 16-232-225 applies to the area under order.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-200, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-200, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-232-200, filed 2/26/91, effective 3/29/91
WSR 80-03-032 (Order 1671), § 16-232-200, filed 2/20/80.

Wash. Admin. Code § 16-232-205 Use restricted herbicides in Garfield County.

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-205, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-205, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-232-205, filed 2/26/91, effective 3/29/91
WSR 80-03-032 (Order 1671), § 16-232-205, filed 2/20/80.

Wash. Admin. Code § 16-232-210 Boundaries and restrictions for Garfield County Area 2.

(1) Area 2 description. The city of Pomeroy and those sections and partial sections lying within one mile east, one mile south and one mile west of the city limits of Pomeroy.

(2) Area 2 restrictions. Aerial applications of use restricted herbicides are prohibited.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-210, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-210, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-03-032 (Order 1671), § 16-232-210, filed 2/20/80.

Wash. Admin. Code § 16-232-215 Boundaries and restrictions for Garfield County Area 3.

(1) Area 3 description. An area starting at the intersection of the Snake River and the west boundary of Section 18, T14N, R43E; thence south to and along the Lambie Grade Road to and along the Casey Creek Road to the southeast corner of Section 8, T13N, R43E; thence east along section lines one and one-half miles more or less to the Snake River; thence northwesterly along the Snake River to the point of beginning.

(2) Area 3 restrictions. The use and application of low volatile formulations of use restricted herbicides is prohibited on and after April 16th through August 31st.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-215, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-215, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 80-03-032 (Order 1671), § 16-232-215, filed 2/20/80.

Wash. Admin. Code § 16-232-220 Boundaries for use restricted herbicides in Garfield County Area 4.

Area 4 description. This area includes all remaining lands in Garfield County not included in WAC 16-232-210 and 16-232-215.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-220, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-220, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-232-220, filed 2/26/91, effective 3/29/91
WSR 80-03-032 (Order 1671), § 16-232-220, filed 2/20/80.

Wash. Admin. Code § 16-232-225 Restrictions on applications of use restricted herbicides in Garfield County due to wind conditions.

The use or application of use restricted herbicides are prohibited in Areas 2, 3, and 4 when the mean sustained wind velocity is over twelve miles per hour throughout the year: Provided, That such applications are prohibited in Areas 2 and 3 on and after May 1st through October 31st when the mean sustained wind velocity is over seven miles per hour.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-225, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-225, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-232-225, filed 2/26/91, effective 3/29/91
WSR 87-09-015 (Order 1923), § 16-232-225, filed 4/6/87
WSR 80-03-032 (Order 1671), § 16-232-225, filed 2/20/80.

Wash. Admin. Code § 16-232-300 Restrictions for use restricted herbicides in Kittitas County.

(1) The area under order includes all lands lying within the boundaries of Kittitas County. WAC 16-232-305 through 16-232-315 applies to the area under order.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-300, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-300, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-232-300, filed 2/26/91, effective 3/29/91. Statutory Authority: RCW 17.21.030. WSR 82-08-030 (Order 1754), § 16-232-300, filed 3/31/82.

Wash. Admin. Code § 16-232-305 Use restricted herbicides in Kittitas County.

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-305, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-305, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-232-305, filed 2/26/91, effective 3/29/91. Statutory Authority: RCW 17.21.030. WSR 82-08-030 (Order 1754), § 16-232-305, filed 3/31/82.

Wash. Admin. Code § 16-232-310 Boundaries and restrictions for Kittitas County Area 1.

(1) Area 1 description. An area starting at the intersection of Canyon Road and Thrall Road on the south line of Section 30, T17 N, R19E, thence east along Thrall Road three and one-half miles more or less to Denmark Road; thence south approximately one-half mile and follow the curve in Denmark Road to the point where the road continues in an easterly direction; thence continue east approximately one and one-half miles until this line intersects Badger Pocket Road; thence south on Badger Pocket Road for one-half mile to intersection of Fourth Parallel Road; thence east on Fourth Parallel Road for approximately three-fourths mile to Lawrence Road; thence south on Lawrence Road for one-half mile more or less to E. Kern Road; thence east on E. Kern Road for approximately one-half mile; thence south approximately one and one-half miles to the north boundary of Section 18, T16, R20; thence west for two and one-half miles to intersection of I82; thence northwest for approximately one and one-half miles to the southeast corner of Section 4, T16, R19; thence west for two and one-half miles more or less to the Canyon Road; thence north for two and one-half miles more or less on the Canyon Road to the point of beginning.

(2) Area 1 restrictions.

(a) On and after April 15th through October 31st, aircraft applications are prohibited within 500 feet of all orchards: Provided, That aircraft applications may be allowed when written permission is received from the owner of the orchard.

(b) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 15th through October 31st of each year on all lands within 500 feet of all orchards: Provided, That low volatile ester formulations may be used when written permission is received from the owner of the orchard.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-310, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-310, filed 5/9/07, effective 6/9/07. Statutory Authority: RCW 17.21.030. WSR 82-08-030 (Order 1754), § 16-232-310, filed 3/31/82.

Wash. Admin. Code § 16-232-315 Restrictions on applications of use restricted herbicides in Kittitas County due to wind conditions.

The use or application of use restricted herbicides is prohibited in Area 1 when the mean sustained wind velocity is over twelve miles on and after April 15th through October 31st: Provided, That applications of allowable use restricted herbicides are exempt from these wind restrictions when applying fifty gallons or more per acre in conformance with the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-315, filed 12/26/18, effective 1/26/19. Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-232-315, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 91-06-019 (Order 2073), § 16-232-315, filed 2/26/91, effective 3/29/91
WSR 87-09-015 (Order 1923), § 16-232-315, filed 4/6/87. Statutory Authority: RCW 17.21.030. WSR 82-08-030 (Order 1754), § 16-232-315, filed 3/31/82.

Wash. Admin. Code § 16-232-400 Grays Harbor and Pacific counties areas under order for use restricted pesticides.

The area under order shall include all lands in Grays Harbor and Pacific counties lying within Township 15 North, Range 11 West, Sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, and 32; Township 16 North, Range 11 West, Sections 19, 30, 31, and 32; and Township 16 North, Range 12 West, Sections 24 and 25.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-400, filed 12/26/18, effective 1/26/19. Statutory Authority: RCW 17.21.030 and chapter 34.05 RCW. WSR 13-01-034, § 16-232-400, filed 12/11/12, effective 1/1/14.

Wash. Admin. Code § 16-232-410 Use restricted pesticides in Grays Harbor and Pacific counties.

All formulations containing the active ingredient O,O-diethyl O-(3,5,6-trichloro-2-pyridinyl) phosphorothioate, commonly known as chlorpyrifos (CAS Number 2921-88-2) or the active ingredient O,O-diethyl O-(2-isopropyl-6-methyl-4-pyrimidinyl) phosphorothioate, commonly known as diazinon (CAS Number 333-41-5) are use restricted pesticides when applied to cranberries in the area under order.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-410, filed 12/26/18, effective 1/26/19. Statutory Authority: RCW 17.21.030 and chapter 34.05 RCW. WSR 13-21-040, § 16-232-410, filed 10/9/13, effective 1/1/14
WSR 13-01-034, § 16-232-410, filed 12/11/12, effective 1/1/14.

Wash. Admin. Code § 16-232-420 Standards adopted by WSDA.

(1) The department adopts the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Practices Standards "Drainage Water Management" CODE 554 (Nov. 2011); "SubSurface Drain" CODE 606 (Sept. 2011); "Surface Drain, Main or Lateral" CODE 608 (Nov. 2010); and "Underground Outlet" CODE 620 (Nov. 2010) as requirements for and restrictions on the use of pesticides containing chlorpyrifos or diazinon when applied to cranberries in the area under order.

(2) Copies of the adopted USDA NRCS Practice Standards can be requested by mail from: U.S. Department of Agriculture, 1400 Independence Ave., S.W., Washington, D.C. 20250 or from your local NRCS Office or can be found on the WSDA website at: http://agr.wa.gov/pestfert/.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-420, filed 12/26/18, effective 1/26/19. Statutory Authority: RCW 17.21.030 and chapter 34.05 RCW. WSR 13-21-040, § 16-232-420, filed 10/9/13, effective 1/1/14
WSR 13-01-034, § 16-232-420, filed 12/11/12, effective 1/1/14.

Wash. Admin. Code § 16-232-430 Restrictions in Grays Harbor and Pacific counties on the use of pesticides containing chlorpyrifos or diazinon for protection of ditches.

(1) Chlorpyrifos or diazinon shall not be applied to cranberries unless all ditches immediately adjacent to the application and all other ditches that will be contacted by the application are adequately protected to prevent entry of chlorpyrifos or diazinon at the time of application.

(2) For the purpose of subsection (1) of this section, "adequately protected" means:

(a) Ditches are cribbed and covered according to USDA NRCS Practice Standards "Drainage Water Management" CODE 554 (Nov. 2011); "SubSurface Drain" CODE 606 (Sept. 2011); "Surface Drain, Main or Lateral" CODE 608 (Nov. 2010); and "Underground Outlet" CODE 620 (Nov. 2010), or one of the functional equivalents below.

(i) A functional equivalent for ditch side walls is the installation of side walls with rigid material capable of maintaining ditch integrity for a period of no less than ten years.

(ii) A functional equivalent for ditch coverings is the installation of ditch coverings using rigid material capable of preventing entry of chlorpyrifos or diazinon either through chemigation activities or run-off from irrigation activities into ditches as described in subsection (1) of this section.

(b) Drainage culverts are installed and constructed according to USDA NRCS Practice Standard "Underground Outlet" CODE 620 (Nov. 2010).

(3) All ditches and culverts shall be maintained and kept in good repair as needed in order to achieve the requirements of subsection (1) of this section.

(4) Upon request, the department shall be provided with all available information related to the design, construction, and materials used to protect the ditch as described in subsection (2) of this section.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-430, filed 12/26/18, effective 1/26/19. Statutory Authority: RCW 17.21.030 and chapter 34.05 RCW. WSR 13-21-040, § 16-232-430, filed 10/9/13, effective 1/1/14
WSR 13-01-034, § 16-232-430, filed 12/11/12, effective 1/1/14.

Wash. Admin. Code § 16-232-440 Restrictions in Grays Harbor and Pacific counties on the use of pesticides containing chlorpyrifos or diazinon near source water.

(1) All source water used for chemigation including, but not limited to, open reservoirs, ponds, or sumps must be protected from contact with chlorpyrifos or diazinon during an application unless the source water is demonstrated to have no hydraulic connection with drainage ditches or culverts.

(2) For the purpose of subsection (1) of this section, "hydraulic connection" means, water can flow between one source (either ground or surface water) to another source (either ground or surface water). Connection can be natural or manmade.

(3) For the purpose of subsection (1) of this section, "protected" means:

(a) Placement of a barrier or covering system over the source water in a manner that ensures spray from the nozzles do not contact the source water; or

(b) Design, placement, operation, and maintenance of irrigation sprayheads or nozzles in a manner that ensures spray from the nozzles does not contact the source water.

(4) Hydraulic connections will be determined as needed, by the department upon review of the source water system design.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-440, filed 12/26/18, effective 1/26/19. Statutory Authority: RCW 17.21.030 and chapter 34.05 RCW. WSR 13-01-034, § 16-232-440, filed 12/11/12, effective 1/1/14.

Wash. Admin. Code § 16-232-450 Obtaining a variance to the requirements of this order in an emergency in Grays Harbor or Pacific counties.

(1) In the event of an emergency, as determined by the director, the department may issue permits for the use of chlorpyrifos or diazinon in the use restricted area in variation of any restrictions as defined in WAC 16-232-430 or 16-232-440. An emergency under this section may be declared if the director determines that the situation is:

(a) Urgent and unexpected; and

(b) The risk and amount of economic harm to the crop substantially outweighs the risk and amount of damage likely to occur to the environment if a variance permit is issued.

(2) Application for a permit may be made by email to compliance@agr.wa.gov or by mail, fax, or in person to the Washington State Department of Agriculture, Pesticide Management Division, Natural Resources Building (NRB), Second Floor, 1111 Washington St. S.E., P.O. Box 42560, Olympia, WA 98504-2560, FAX: 360-902-2093. Permits will not be granted by telephone.

(3) The department may make on-site monitoring of the application a condition of any permit. A representative of the department may condition, deny, or revoke a permit at any time, if the representative determines that the situation at the application site creates an unreasonable risk. In determining whether the situation at the application site creates an unreasonable risk, the representative may consider all relevant factors such as temperature, tides, precipitation, application type, pesticide formulation and application equipment, ditch cover condition, endangered species restrictions, air inversions, time of day, burning restrictions, wind direction, wind velocity, topography, and type and condition of application equipment.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 19-02-039, § 16-232-450, filed 12/26/18, effective 1/26/19. Statutory Authority: RCW 17.21.030 and chapter 34.05 RCW. WSR 13-21-040, § 16-232-450, filed 10/9/13, effective 1/1/14
WSR 13-01-034, § 16-232-450, filed 12/11/12, effective 1/1/14.

Chapter 16-233 Worker protection standard.

Wash. Admin. Code § 16-233-001 Federal worker protection standard—Washington state department of labor and industries.

This chapter contains the federal Environmental Protection Agency (EPA) worker protection standard as listed in 40 C.F.R., Part 170. Revisions to the federal language have been incorporated into this chapter in order to be consistent with other requirements of Washington state law. These rules are adopted in conjunction with rules adopted by the Washington state department of labor and industries in chapter 296-307 WAC, Part I.

History

Statutory Authority: RCW 15.58.040, 17.21.030, and 17.21.440. WSR 22-23-063, § 16-233-001, filed 11/9/22, effective 12/10/22. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-001, filed 12/13/17, effective 1/13/18. Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 09-15-139, § 16-233-001, filed 7/21/09, effective 8/21/09
WSR 96-21-008 (Order 6002), § 16-233-001, filed 10/3/96, effective 11/3/96.

Wash. Admin. Code § 16-233-006 Scope and purpose—40 C.F.R., § 170.301.

This chapter contains standards designed to reduce the risks of illness or injury resulting from workers' and handlers' occupational exposures to pesticides used in the production of agricultural plants on agricultural establishments and also to reduce the accidental exposure of workers and other persons to such pesticides. It requires handlers to wear the label specified clothing and personal protective equipment when performing handler activities, and to take measures to protect workers and other persons during pesticide applications. It also requires workplace practices designed to reduce or eliminate exposure to pesticides and establishes procedures for responding to exposure-related emergencies.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 20-21-029, § 16-233-006, filed 10/12/20, effective 11/12/20. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-006, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-011 Applicability—40 C.F.R., § 170.303.

(1) This regulation applies whenever a pesticide product bearing a label requiring compliance with this chapter is used in the production of agricultural plants on an agricultural establishment, except as provided in subsections (2) and (3) of this section.

(2) This regulation does not apply when a pesticide product bearing a label requiring compliance with this chapter is used on an agricultural establishment in any of the following circumstances:

(a) As part of government-sponsored public pest control programs over which the owner, agricultural employer and handler employer have no control, such as mosquito abatement and Mediterranean fruit fly eradication programs.

(b) On plants other than agricultural plants, which may include plants in home fruit and vegetable gardens and home greenhouses, and permanent plantings for ornamental purposes, such as plants that are in ornamental gardens, parks, public or private landscaping, lawns or other grounds that are intended only for aesthetic purposes or climatic modification.

(d) As attractants or repellents in traps.

(e) On the harvested portions of agricultural plants or on harvested timber.

(f) For research uses of unregistered pesticides.

(g) On pasture and rangeland where the forage will not be harvested for hay.

(h) In a manner not directly related to the production of agricultural plants including, but not limited to, structural pest control and control of vegetation in noncrop areas.

(3) Where a pesticide product's labeling-specific directions for use or other labeling requirements are inconsistent with requirements of this chapter, users must comply with the pesticide product labeling, except as provided for in WAC 16-233-301, 16-233-306, and 16-233-316.

History

Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-011, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-016 Definitions—40 C.F.R., § 170.305.

Terms used in this chapter have the same meanings they have in the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. In addition, the following terms, when used in this chapter, shall have the following meanings:

(1) "Agricultural emergency" for agricultural emergencies see WAC 16-233-306(3).

(2) "Agricultural employer" means any person who is an owner of, or is responsible for the management or condition of, an agricultural establishment, and who employs any worker or handler.

(3) "Agricultural establishment" means any farm, forest operation, or nursery engaged in the outdoor or enclosed space production of agricultural plants. An establishment that is not primarily agricultural is an agricultural establishment if it produces agricultural plants for transplant or use (in part or their entirety) in another location instead of purchasing the agricultural plants.

(4) "Agricultural plant" means any plant, or part thereof, grown, maintained, or otherwise produced for commercial purposes, including growing, maintaining or otherwise producing plants for sale or trade, for research or experimental purposes, or for use in part or their entirety in another location. Agricultural plant includes, but is not limited to, grains; fruits and vegetables; wood fiber or timber products; flowering and foliage plants and trees; seedlings and transplants; and turf grass produced for sod. Agricultural plant does not include pasture or rangeland used for grazing.

(5) "Application exclusion zone" means the area surrounding the point(s) of pesticide discharge from the application equipment that must generally be free of all persons during pesticide applications.

(6) "Chemigation" means the application of pesticides through irrigation systems.

(7) "Closed system" means an engineering control used while removing pesticide contents from its original container, preventing the pesticide from contacting handlers. It is used to protect handlers or other persons from pesticide exposure hazards when mixing and loading pesticides. When used properly and as intended, water-soluble packaging may qualify as a type of closed system.

(8) "Commercial pesticide handler employer" means any person, other than an agricultural employer, who employs any handler to perform handler activities on an agricultural establishment. A labor contractor who does not provide pesticide application services or supervise the performance of handler activities, but merely employs laborers who perform handler activities at the direction of an agricultural or handler employer, is not a commercial pesticide handler employer.

(9) "Commercial pesticide handling establishment" means any enterprise, other than an agricultural establishment, that provides pesticide handler or crop advising services to agricultural establishments.

(10) "Crop advisor" means any person who is assessing pest numbers, damage, pesticide distribution, or the status or requirements of agricultural plants and who holds a current Washington state department of agriculture commercial consultant license in the agricultural areas in which they are advising. The term does not include any person who is performing hand labor tasks.

(11) "Designated representative" means any persons designated in writing by a worker or handler to exercise a right of access on behalf of the worker or handler to request and obtain a copy of the pesticide application and hazard information required by WAC 16-233-021(8) in accordance with WAC 16-233-026(2).

(12) "Early entry" means entry by a worker into a treated area on the agricultural establishment after a pesticide application is complete, but before any restricted-entry interval for the pesticide has expired.

(13) "Employ" means to obtain, directly or through a labor contractor, the services of a person in exchange for any type of compensation including a salary, wages, or piece-rate wages, without regard to who may pay or who may receive the salary or wages. It includes obtaining the services of a self-employed person, an independent contractor, or a person compensated by a third party, except that it does not include an agricultural employer obtaining the services of a handler through a commercial pesticide handler employer or a commercial pesticide handling establishment.

(14) "Enclosed cab" means a cab with a nonporous barrier that totally surrounds the occupant(s) of the cab and prevents contact with pesticides that are being applied outside of the cab. Refer to WAC 16-233-316(5).

(15) "Enclosed space production" means production of an agricultural plant indoors or in a structure or space that is covered in whole or in part by any nonporous covering or that is covered and enclosed in a way that would obstruct natural airflow, and that is large enough to permit a person to enter. Structures, with a cover that does not have any walls such as shade houses made of fencing or fabric to provide shade on plants that do not obstruct airflow, are not considered enclosed spaces.

(16) "Fumigant" means any pesticide product that is a vapor or gas, or forms a vapor or gas upon application, and whose pesticidal action is achieved through the gaseous or vapor state.

(17) "Hand labor" means any agricultural activity performed by hand or with hand tools that causes a worker to have substantial contact with surfaces (such as plants, plant parts, or soil) and other surfaces that may contain pesticide residues. These activities include, but are not limited to, harvesting, detasseling, thinning, weeding, topping, planting, sucker removal, pruning, disbudding, roguing, and packing produce into containers in the field. Hand labor does not include performing crop advisor tasks or operating, moving, or repairing irrigation or watering equipment. For irrigation or watering equipment used during chemigation see handler activities.

(18) "Handler" means any person, including a self-employed person, who is employed by an agricultural employer or commercial pesticide handler employer and performs any of the following activities:

(a) Mixing, loading, or applying pesticides.

(b) Disposing of pesticides.

(c) Handling opened containers of pesticides, emptying, triple-rinsing, or cleaning pesticide containers according to pesticide product labeling instructions, or disposing of pesticide containers that have not been cleaned. The term does not include any person who is only handling unopened pesticide containers or pesticide containers that have been emptied or cleaned according to pesticide product labeling instructions.

(d) Acting as a flagger.

(e) Cleaning, adjusting, handling, or repairing the parts of mixing, loading, or application equipment that may contain pesticide residues, including irrigation equipment used for chemigation.

(f) Assisting with the application of pesticides.

(g) Entering an enclosed space after the application of a pesticide and before the inhalation exposure level listed in the labeling has been reached or one of the ventilation criteria established in WAC 16-233-111 (2)(c) or the labeling has been met to operate ventilation equipment, monitor air levels, or adjust or remove coverings used in fumigation.

(h) Entering a treated area outdoors after application of any soil fumigant during the labeling-specified entry-restricted period to adjust or remove coverings used in fumigation.

(i) Performing tasks as a crop advisor during any pesticide application or restricted-entry interval, or before the inhalation exposure level listed in the pesticide product labeling has been reached or one of the ventilation criteria established in WAC 16-233-111 (2)(c) or the pesticide product labeling has been met, and either inhalation exposure levels are below permissible exposure limits (PELs) in WAC 296-307-624, Part Y-6 Respiratory hazards, or respiratory protection is provided and worn according to the requirements in WAC 296-307-594, Part Y-5 Respirators.

(19) "Handler employer" means any person who is self-employed as a handler or who employs any handler.

(20) "Immediate family" includes only spouse, children, stepchildren, foster children, parents, stepparents, foster parents, brothers, and sisters.

(21) "Labor contractor" means a person, other than a commercial pesticide handler employer, who employs workers or handlers to perform tasks on an agricultural establishment for an agricultural employer or a commercial pesticide handler employer.

(22) "Outdoor production" means production of an agricultural plant in an outside area that is not enclosed or covered in any way by nonporous material. This includes shade houses without sides.

(23) "Owner" means any person who has a present possessory interest (e.g., fee, leasehold, rental, or other) in an agricultural establishment. A person who has both leased such agricultural establishment to another person and granted that same person the right and full authority to manage and govern the use of such agricultural establishment is not an owner for purposes of this chapter.

(24) "Personal protective equipment" or "PPE" means devices, appliances or apparel that are worn to protect the body from exposure to safety and health hazards. PPE that protects against chemical hazards such as pesticides or pesticide residues including, but not limited to: Coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respirators, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear.

(25) "Restricted-entry interval" or "REI" means the time after the end of a pesticide application during which entry into the treated area is restricted.

(26) "Safety data sheet" or "SDS" means written or printed material concerning a hazardous chemical that is prepared in accordance with WAC 296-901-14014.

(27) "Treated area" means any area to which a pesticide is being directed or has been directed.

(28) "Use," as in "to use a pesticide" means any of the following:

(a) Pre-application activities including, but not limited to:

(i) Arranging for the application of the pesticide.

(ii) Mixing and loading the pesticide.

(iii) Making necessary preparations for the application of the pesticide, including responsibilities related to worker notification, training of workers or handlers, providing decontamination supplies, providing pesticide safety information and pesticide application and hazard information, use and care of personal protective equipment, providing emergency assistance, and heat stress management.

(b) Application of the pesticide.

(c) Post-application activities intended to reduce the risks of illness and injury resulting from handlers' and workers' occupational exposures to pesticide residues during and after the restricted-entry interval, including responsibilities related to worker notification, training of workers or early-entry workers, providing decontamination supplies, providing pesticide safety information and pesticide application and hazard information, use and care of personal protective equipment, providing emergency assistance, and heat stress management.

(d) Other pesticide-related activities including, but not limited to, transporting or storing pesticides that have been opened, cleaning equipment, and disposing of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other pesticide-containing materials.

(29) "Worker" means any person, including a self-employed person, who is employed and performs activities directly relating to the production of agricultural plants on an agricultural establishment.

(30) "Worker housing area" means any place or area of land on or near an agricultural establishment where housing or space for housing is provided for workers or handlers by an agricultural employer, owner, labor contractor, or any other person responsible for the recruitment or employment of agricultural workers.

History

Statutory Authority: RCW 17.21.030(2), 17.21.440, and 15.58.040(2). WSR 26-09-109, s 16-233-016, filed 4/21/26, effective 6/1/26. Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 20-21-029, § 16-233-016, filed 10/12/20, effective 11/12/20. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-016, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-021 Agricultural employer duties—40 C.F.R., § 170.309.

Agricultural employers must:

(1) Ensure that any pesticide is used in a manner consistent with the pesticide product labeling, including the requirements of this chapter, when applied on the agricultural establishment.

(2) Ensure that each worker and handler subject to this chapter receives the protections required by this chapter.

(3) Ensure that any handler and any early entry worker is at least 18 years old.

(4) Provide to each person, including labor contractors, who supervises any workers or handlers, information and directions sufficient to ensure that each worker and handler receives the protections required by this chapter. Such information and directions must specify the tasks for which the supervisor is responsible in order to comply with the provisions of this chapter.

(5) Require each person, including labor contractors, who supervises any workers or handlers, to provide sufficient information and directions to each worker and handler to ensure that they can comply with the provisions of this chapter.

(6) Provide emergency assistance in accordance with this subsection. If there is reason to believe that a worker or handler has experienced a potential pesticide exposure during their employment on the agricultural establishment or shows symptoms similar to those associated with acute exposure to pesticides during or within 72 hours after their employment on the agricultural establishment, and needs emergency medical treatment, the agricultural employer must do all of the following promptly after learning of the possible poisoning or injury:

(a) Make available to that person prompt transportation from the agricultural establishment, including any worker housing area on the establishment, to an operating medical care facility capable of providing emergency medical treatment to a person exposed to pesticides.

(b) Provide all of the following information to the treating medical personnel, and upon request to the worker or handler:

(i) Copies of the applicable SDS and the product name(s), EPA registration number(s) and active ingredient(s) for each pesticide product to which the person may have been exposed.

(ii) The circumstances of application or use of the pesticide on the agricultural establishment.

(iii) The circumstances that could have resulted in exposure to the pesticide.

(iv) Antidote, first aid and other medical information from the product labeling.

(7) Ensure that workers or other persons employed or supervised by the agricultural establishment do not clean, repair, or adjust pesticide application equipment, unless trained as a handler under WAC 16-233-201. Before allowing any person not directly employed or supervised by the agricultural establishment to clean, repair, or adjust equipment that has been used to mix, load, transfer, or apply pesticides, the agricultural employer shall assure that pesticide residues have been removed from the equipment if feasible and must provide all of the following information to such person:

(a) Pesticide application equipment may be contaminated with pesticides.

(b) The potentially harmful effects of exposure to pesticides.

(d) Personal hygiene practices and decontamination procedures for preventing pesticide exposures and removing pesticide residues.

(8) Display, maintain, and provide access to pesticide safety information and pesticide application and hazard information in accordance with WAC 16-233-026 if workers or handlers are on the establishment and within the last 30 days a pesticide product has been used or a restricted-entry interval for such pesticide has been in effect on the establishment.

(9) Ensure that before a handler uses any equipment for mixing, loading, transferring, or applying pesticides, the handler is instructed in the safe operation of such equipment.

(10) Ensure that before each day of use, equipment used for mixing, loading, transferring, or applying pesticides is inspected for leaks, clogging, and worn or damaged parts, and any damaged equipment is repaired or replaced.

(11) The agricultural employer must notify a commercial pesticide handler employer (CPHER) of specific locations and descriptions of those treated areas and any restrictions on entering the treated areas with restricted-entry intervals (REIs) in effect whenever:

(a) A handler employed by a CPHER will be on the agricultural establishment; and

(b) The CPHER handler may be in or may walk within 1/4 mile of any pesticide treated area with restricted-entry interval (REI) in effect.

(12) Ensure that workers do not enter any area on the agricultural establishment where a pesticide has been applied until the applicable pesticide application and hazard information for each pesticide product applied to that area is displayed in accordance with WAC 16-233-026(2), and until after the restricted-entry interval has expired and all treated area warning signs have been removed or covered, except for entry permitted by WAC 16-233-306.

(13) Provide any records or other information required by this section for inspection and copying upon request by an employee of EPA, or any duly authorized representative of the Washington state department of agriculture or department of labor and industries.

(14) Pesticide safety, application, and hazard information must remain legible at all times when the information is required to be displayed. This information must be in accordance with WAC 16-233-026.

History

Statutory Authority: RCW 15.58.040 and 43.01.160. WSR 24-22-031, s 16-233-021, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 15.58.040, 17.21.030, and 17.21.440. WSR 22-23-063, § 16-233-021, filed 11/9/22, effective 12/10/22. Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 20-21-029, § 16-233-021, filed 10/12/20, effective 11/12/20. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-021, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-026 Display requirements for pesticide safety information and pesticide application and hazard information—40 C.F.R., § 170.311.

(1) Display of pesticide safety information. Whenever pesticide safety information and pesticide application and hazard information are required to be provided under WAC 16-233-021(8), pesticide safety information must be legible and displayed in accordance with this subsection.

(a) General. The pesticide safety information must be conveyed in a manner that workers and handlers can understand.

(b) The pesticide safety information must include all of the following points:

(i) Avoid getting on the skin or into the body any pesticides that may be on or in plants, soil, irrigation water, tractors, and other equipment, on used personal protective equipment, or drifting from nearby applications.

(ii) Wash before eating, drinking, using chewing gum or tobacco, or using the toilet.

(iii) Wear work clothing that protects the body from pesticide residues (long-sleeved shirts, long pants, shoes and socks, and a hat or scarf).

(iv) Wash or shower with soap and water, shampoo hair, and put on clean clothes after work.

(v) Wash work clothes separately from other clothes before wearing them again.

(vi) If pesticides are spilled or sprayed on the body use decontamination supplies to wash immediately, or rinse off in the nearest clean water, including springs, streams, lakes or other sources if more readily available than decontamination supplies, and as soon as possible, wash or shower with soap and water, shampoo hair, and change into clean clothes.

(vii) Follow directions about keeping out of treated areas and application exclusion zones.

(viii) Instructions to employees to seek medical attention as soon as possible if they believe they have been poisoned, injured or made ill by pesticides.

(ix) The name, address, and telephone number of a nearby operating medical care facility capable of providing emergency medical treatment. This information must be clearly identified as emergency medical contact information on the display.

(x) The name, address, and telephone number of the Washington state department of agriculture, 1-844-388-2020 and Washington state department of labor and industries, 1-800-4BE-SAFE ( 1-800-423-7233).

(c) Changes to pesticide safety information. The agricultural employer must update the pesticide safety information display within twenty-four hours of notice of any changes to the information required in (b)(ix) of this subsection.

(d) Location. The pesticide safety information must be displayed at each of the following sites on the agricultural establishment:

(i) The site selected pursuant to subsection (2)(b) of this section for display of pesticide application and hazard information.

(ii) Anywhere that decontamination supplies must be provided on the agricultural establishment pursuant to WAC 16-233-126, 16-233-221 or 16-233-311, but only when the decontamination supplies are located at permanent sites or being provided at locations and in quantities to meet the requirements for eleven or more workers or handlers.

(e) Accessibility. When pesticide safety information is required to be displayed, workers and handlers must be allowed access to the pesticide safety information at all times during normal work hours.

(2) Keeping and displaying pesticide application and hazard information. Whenever pesticide safety information and pesticide application and hazard information is required to be provided under WAC 16-233-021(8), pesticide application and hazard information for any pesticides that are used on the agricultural establishment must be displayed in a legible manner, retained, and made accessible in accordance with this subsection.

(a) Content. The pesticide application and hazard information must include all of the following information for each pesticide product applied:

(i) A copy of the safety data sheet (SDS).

(ii) The name, EPA registration number, and active ingredient(s) of the pesticide product.

(iii) The crop or site treated and the location and description of the treated area.

(iv) The date(s) and times the application started and ended.

(v) The duration of the applicable labeling-specified restricted-entry interval for that application.

(b) Location. The pesticide application and hazard information must be displayed at a place on the agricultural establishment where workers and handlers are likely to pass by or congregate and where it can be readily seen and read.

(c) Accessibility. When the pesticide application and hazard information is required to be displayed, workers and handlers must be allowed access to the location of the information at all times during normal work hours.

(d) Timing. The pesticide application and hazard information for each pesticide product applied must be displayed no later than twenty-four hours after the end of the application of the pesticide. The pesticide application and hazard information must be displayed continuously from the beginning of the display period until at least thirty days after the end of the last applicable restricted-entry interval, or until workers or handlers are no longer on the establishment, whichever is earlier.

(e) Record retention. Whenever pesticide safety information and pesticide application and hazard information is required to be displayed in accordance with this subsection, the agricultural employer must retain the pesticide application and hazard information described in (a) of this subsection on the agricultural establishment for seven years after the date of expiration of the restricted-entry interval applicable to the pesticide application conducted.

(f) Access to pesticide application and hazard information by a worker or handler.

(i) If a person is or was employed as a worker or handler by an establishment during the period that particular pesticide application and hazard information was required to be displayed and retained in accordance with (d) and (e) of this subsection, and the person requests a copy of such application and/or hazard information, or requests access to such application and/or hazard information after it is no longer required to be displayed, the agricultural employer must provide the worker or handler with a copy of or access to all of the requested information within fifteen days of the receipt of any such request. The worker or handler may make the request orally or in writing.

(ii) Whenever a record has been previously provided without cost to a worker or handler or their designated representative, the agricultural employer may charge reasonable, nondiscriminatory administrative costs (i.e., search and copying expenses but not including overhead expenses) for a request by the worker or handler for additional copies of the record.

(g) Access to pesticide application and hazard information by treating medical personnel. Any treating medical personnel, or any person acting under the supervision of treating medical personnel, may request, orally or in writing, access to or a copy of any information required to be retained for seven years in (e) of this subsection in order to inform diagnosis or treatment of a worker or handler who was employed on the establishment during the period that the information was required to be displayed. The agricultural employer must promptly provide a copy of or access to all of the requested information applicable to the worker's or handler's time of employment on the establishment after receipt of the request.

(h) Access to pesticide application and hazard information by a designated representative.

(i) Any worker's or handler's designated representative may request access to or a copy of any information required to be retained for seven years in (e) of this subsection on behalf of a worker or handler employed on the establishment during the period that the information was required to be displayed. The agricultural employer must provide access to or a copy of the requested information applicable to the worker's or handler's time of employment on the establishment within fifteen days after receiving any such request, provided the request meets the requirements specified in (h)(ii) of this subsection.

(ii) A request by a designated representative for access to or a copy of any pesticide application and/or hazard information must be in writing and must contain all of the following:

(A) The name of the worker or handler being represented.

(B) A description of the specific information being requested. The description should include the dates of employment of the worker or handler, the date or dates for which the records are requested, type of work conducted by the worker or handler (e.g., planting, harvesting, applying pesticides, mixing or loading pesticides) during the period for which the records are requested, and the specific application and/or hazard information requested.

(C) A written statement clearly designating the representative to request pesticide application and hazard information on the worker's or handler's behalf, bearing the worker's or handler's printed name and signature, the date of the designation, and the printed name and contact information for the designated representative.

(D) If the worker or handler requests that the pesticide application and/or the hazard information be sent, direction for where to send the information (e.g., mailing address or email address).

(iii) If the written request from a designated representative contains all of the necessary information specified in (h)(i) and (ii) of this subsection, the employer must provide a copy of or access to all of the requested information applicable to the worker's or handler's time of employment on the establishment to the designated representative within fifteen days of receiving the request.

(iv) Whenever a record has been previously provided without cost to a worker or handler or their designated representative, the agricultural employer may charge reasonable, nondiscriminatory administrative costs (i.e., search and copying expenses but not including overhead expenses) for a request by the designated representative for additional copies of the record.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 20-21-029, § 16-233-026, filed 10/12/20, effective 11/12/20. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-026, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-031 Commercial pesticide handler employer duties—40 C.F.R., § 170.313.

Commercial pesticide handler employers must:

(1) Ensure that any pesticide is used in a manner consistent with the pesticide product labeling, including the requirements of this chapter, when applied on an agricultural establishment by a handler employed by the commercial pesticide handling establishment.

(2) Ensure each handler employed by the commercial pesticide handling establishment and subject to this chapter receives the protections required by this chapter.

(3) Ensure that any handler employed by the commercial pesticide handling establishment is at least 18 years old.

(4) Provide to each person, including labor contractors, who supervises any handlers employed by the commercial pesticide handling establishment, information and directions sufficient to ensure that each handler receives the protections required by this chapter. Such information and directions must specify the tasks for which the supervisor is responsible in order to comply with the provisions of this chapter.

(5) Require each person, including labor contractors, who supervises any handlers employed by the commercial pesticide handling establishment, to provide sufficient information and directions to each handler to ensure that the handler can comply with the provisions of this chapter.

(6) Ensure that before any handler employed by the commercial pesticide handling establishment uses any equipment for mixing, loading, transferring, or applying pesticides, the handler is instructed in the safe operation of such equipment.

(7) Ensure that, before each day of use, equipment used by their employees for mixing, loading, transferring, or applying pesticides is inspected for leaks, obstructions, and worn or damaged parts, and any damaged equipment is repaired or is replaced.

(8) Ensure that whenever a handler who is employed by a commercial pesticide handling establishment will be on an agricultural establishment, the handler is provided information about, or is aware of, the specific location and description of any treated areas where a restricted-entry interval is in effect, and the restrictions on entering those areas.

(9) Provide the agricultural employer all of the following information before the application of any pesticide on an agricultural establishment:

(a) Specific location(s) and description of the area(s) to be treated.

(b) The date(s) and start and estimated end times of application.

(d) The labeling-specified restricted-entry interval applicable for the application.

(e) Whether posting, oral notification or both are required under WAC 16-233-121.

(f) Any restrictions or use directions on the pesticide product labeling that must be followed for protection of workers, handlers, or other persons during or after application.

(10) If there are any changes to the information provided in subsection (9)(a), (d), (e), and (f) of this section or if the start time for the application will be earlier than originally forecasted or scheduled, ensure that the agricultural employer is provided updated information prior to the application. If there are any changes to any other information provided pursuant to subsection (9) of this section, the commercial pesticide handler employer must provide updated information to the agricultural employer within two hours after completing the application. Changes to the estimated application end time of less than one hour need not be reported to the agricultural employer.

(11) Provide emergency assistance in accordance with this subsection. If there is reason to believe that a handler employed by the commercial pesticide handling establishment has experienced a potential pesticide exposure during their employment by the commercial pesticide handling establishment or shows symptoms similar to those associated with acute exposure to pesticides during or within 72 hours after their employment by the commercial pesticide handling establishment, and needs emergency medical treatment, the commercial pesticide handler employer must do all of the following promptly after learning of the possible poisoning or injury:

(a) Make available to that person prompt transportation from the commercial pesticide handling establishment, or any agricultural establishment on which that handler may be working on behalf of the commercial pesticide handling establishment, to an operating medical care facility capable of providing emergency medical treatment to a person exposed to pesticides.

(b) Provide all of the following information to the treating medical personnel:

(i) Copies of the applicable safety data sheet(s) (SDS) and the product name(s), EPA registration number(s) and active ingredient(s) for each pesticide product to which the person may have been exposed.

(ii) The circumstances of application or use of the pesticide.

(iii) The circumstances that could have resulted in exposure to the pesticide.

(iv) Antidote, first aid and other medical information from the product labeling.

(12) Ensure that persons directly employed by the commercial pesticide handling establishment do not clean, repair, or adjust pesticide application equipment, unless trained as a handler under WAC 16-233-201. Before allowing any person not directly employed by the commercial pesticide handling establishment to clean, repair, or adjust equipment that has been used to mix, load, transfer, or apply pesticides, the commercial pesticide handler employer shall assure that pesticide residues have been removed from the equipment if feasible and must provide all of the following information to such persons:

(a) Notice that the pesticide application equipment may be contaminated with pesticides.

(b) The potentially harmful effects of exposure to pesticides.

(d) Personal hygiene practices and decontamination procedures for preventing pesticide exposures and removing pesticide residues.

(13) Provide any records or other information required by this chapter for inspection and copying upon request by an employee of EPA or any duly authorized representative of the Washington state department of agriculture or the department of labor and industries.

History

Statutory Authority: RCW 15.58.040 and 43.01.160. WSR 24-22-031, s 16-233-031, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 15.58.040, 17.21.030, and 17.21.440. WSR 22-23-063, § 16-233-031, filed 11/9/22, effective 12/10/22. Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 20-21-029, § 16-233-031, filed 10/12/20, effective 11/12/20. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-031, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-036 Prohibited actions—40 C.F.R., § 170.315.

No agricultural employer, commercial pesticide handler employer, or other person involved in the use of a pesticide to which this chapter applies, shall intimidate, threaten, coerce, or discriminate against any worker or handler for complying with or attempting to comply with this chapter, or because the worker or handler provided, caused to be provided or is about to provide information to the employer or the EPA or any duly authorized representative of the Washington state department of agriculture, or the department of labor and industries regarding conduct that the worker or handler reasonably believes violates this chapter, has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing concerning compliance with this chapter, or has objected to, or refused to participate in, any activity, policy, practice, or assigned task that the worker or handler reasonably believed to be in violation of this chapter. Any such intimidation, threat, coercion, or discrimination violates the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), Section 12 (a)(2)(G), 7 U.S.C. 136j (a)(2)(G).

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 20-21-029, § 16-233-036, filed 10/12/20, effective 11/12/20. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-036, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-041 Violations of this chapter—40 C.F.R., § 170.317.

(1) RCW 15.58.150 (2)(c) provides that it is unlawful for any person "…to use or cause to be used any pesticide contrary to label directions…." When 40 C.F.R., Part 170 is referenced on a label, users must comply with all of its requirements, except those that are inconsistent with product-specific instructions on the pesticide product labeling, except as provided for in WAC 16-233-301, 16-233-306, and 16-233-316.

(2) A person who has a duty under this chapter, as referenced on the pesticide product labeling, and who fails to perform that duty, violates RCW 15.58.330 and 17.21.315, FIFRA Section 12 (a)(2)(G), and is subject to civil penalties under RCW 15.58.335, 15.58.260, and 17.21.315.

(3) FIFRA Section 14 (b)(4) provides that a person is liable for a penalty under FIFRA if another person employed by or acting for that person violates any provision of FIFRA. The term "acting for" includes both employment and contractual relationships including, but not limited to, labor contractors.

(4) The requirements of this chapter, including the decontamination requirements, must not, for the purposes of Title 29 U.S.C. Sec. 653 (b)(1), be deemed to be the exercise of statutory authority to prescribe or enforce standards or regulations affecting the general sanitary hazards addressed by the WISHA Field Sanitation Standard, WAC 296-307-095, OSHA Field Sanitation Standard, 29 C.F.R. Sec. 1928.110, or other agricultural nonpesticide hazards.

History

Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-041, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-101 Training requirements for workers—40 C.F.R., § 170.401.

(1) General requirement. Before any worker performs any task in a treated area on an agricultural establishment where within the last 30 days a pesticide product has been used or a restricted-entry interval for such pesticide has been in effect, the agricultural employer must ensure that each worker has been trained in accordance with this section within the last 12 months, except as provided in subsection (2) of this section.

(2) Exceptions. The following workers need not be trained under this section:

(a) A worker who is currently certified as an applicator of restricted use pesticides under chapter 17.21 RCW.

(b) A worker who has satisfied the handler training requirements in WAC 16-233-201.

(c) A worker who is certified or licensed as a crop advisor by the Washington state department of agriculture under RCW 15.58.230: Provided, That a requirement for such certification or licensing is pesticide safety training that includes all the topics in WAC 16-233-201 (3)(b) or (c) as applicable depending on the date of training.

(3) Training programs.

(a) Pesticide safety training must be presented to workers either orally from written materials or audio-visually, at a location that is reasonably free from distraction and conducive to training. All training materials must be EPA-approved. The training must be presented in a manner that the workers can understand, such as through a translator. The training must be conducted by a person who meets the worker trainer requirements of (d) of this subsection, and who must be present during the entire training program and must respond to workers' questions.

(b) The training must include, at a minimum, all of the following topics:

(i) Where and in what form pesticides may be encountered during work activities.

(ii) Hazards of pesticides resulting from toxicity and exposure, including acute and chronic effects, delayed effects, and sensitization.

(iii) Routes through which pesticides can enter the body.

(iv) Signs and symptoms of common types of pesticide poisoning.

(v) Emergency first aid for pesticide injuries or poisonings.

(vi) How to obtain emergency medical care.

(vii) Routine and emergency decontamination procedures, including emergency eye flushing techniques.

(viii) Hazards from chemigation and drift.

(ix) Hazards from pesticide residues on clothing.

(x) Warnings about taking pesticides or pesticide containers home.

(xi) Requirements of this section designed to reduce the risks of illness or injury resulting from workers' occupational exposure to pesticides, including application and entry restrictions, the design of the warning sign, posting of warning signs, oral warnings, the availability of specific information about applications, and the protection against retaliatory acts.

(c) EPA intends to make available to the public training materials that may be used to conduct training conforming to the requirements of this section. Within 181 days after a notice of availability of such training materials appears in the FEDERAL REGISTER, training programs required under this section must include, at a minimum, all of the topics listed in (c)(i) through (xxiii) of this subsection instead of the topics listed in (b)(i) through (xi) of this subsection.

(i) The responsibility of agricultural employers to provide workers and handlers with information and protections designed to reduce work-related pesticide exposures and illnesses. This includes ensuring workers and handlers have been trained on pesticide safety, providing pesticide safety and application and hazard information, decontamination supplies and emergency medical assistance, and notifying workers of restrictions during applications and on entering pesticide treated areas. A worker or handler may designate in writing a representative to request access to pesticide application and hazard information.

(ii) How to recognize and understand the meaning of the posted warning signs used for notifying workers of restrictions on entering pesticide treated areas on the establishment.

(iii) How to follow directions and/or signs about keeping out of pesticide treated areas subject to a restricted-entry interval and application exclusion zones.

(iv) Where and in what forms pesticides may be encountered during work activities, and potential sources of pesticide exposure on the agricultural establishment. This includes exposure to pesticide residues that may be on or in plants, soil, tractors, application and chemigation equipment, or used personal protective equipment, and that pesticides may drift through the air from nearby applications or be in irrigation water.

(v) Potential hazards from toxicity and exposure that pesticides present to workers and their families, including acute and chronic effects, delayed effects, and sensitization.

(vi) Routes through which pesticides can enter the body.

(vii) Signs and symptoms of common types of pesticide poisoning.

(viii) Emergency first aid for pesticide injuries or poisonings.

(ix) Routine and emergency decontamination procedures, including emergency eye flushing techniques, and if pesticides are spilled or sprayed on the body to use decontamination supplies to wash immediately or rinse off in the nearest clean water, including springs, streams, lakes or other sources if more readily available than decontamination supplies, and as soon as possible, wash or shower with soap and water, shampoo hair, and change into clean clothes.

(x) How and when to obtain emergency medical care.

(xi) When working in pesticide treated areas, wear work clothing that protects the body from pesticide residues and wash hands before eating, drinking, using chewing gum or tobacco, or using the toilet.

(xii) Wash or shower with soap and water, shampoo hair, and change into clean clothes as soon as possible after working in pesticide treated areas.

(xiii) Potential hazards from pesticide residues on clothing.

(xiv) Wash work clothes before wearing them again and wash them separately from other clothes.

(xv) Do not take pesticides or pesticide containers used at work to your home.

(xvi) SDSs provide hazard, emergency medical treatment and other information about the pesticides used on the establishment they may come in contact with. The responsibility of agricultural employers to do all of the following:

(A) Display SDSs for all pesticides used on the establishment.

(B) Provide workers and handlers information about the location of the SDSs on the establishment.

(xvii) This section prohibits agricultural employers from allowing or directing any worker to mix, load or apply pesticides or assist in the application of pesticides unless the worker has been trained as a handler.

(xviii) The responsibility of agricultural employers to provide specific information to workers before directing them to perform early-entry activities. Workers must be 18 years old to perform early-entry activities.

(xix) Potential hazards to children and pregnant women from pesticide exposure.

(xx) Keep children and nonworking family members away from pesticide treated areas.

(xxi) After working in pesticide treated areas, remove work boots or shoes before entering your home, and remove work clothes and wash or shower before physical contact with children or family members.

(xxii) How to report suspected pesticide use violations to the Washington state department of agriculture.

(xxiii) This section prohibits agricultural employers from intimidating, threatening, coercing, or discriminating against any worker or handler for complying with or attempting to comply with the requirements of this chapter, or because the worker or handler provided, caused to be provided or is about to provide information to the employer, the EPA or its agents, or any duly authorized representative of the Washington state department of agriculture regarding conduct that the employee reasonably believes violates this chapter, and/or made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing concerning compliance with this chapter.

(d) The person who conducts the training must meet one of the following criteria:

(i) Be currently designated as a trainer of certified applicators or pesticide handlers by the Washington state department of agriculture in accordance with chapters 15.58 and 17.21 RCW; or

(ii) Have completed an EPA-approved pesticide safety train-the-trainer program for trainers of workers; or

(iii) Be currently certified as an applicator of restricted use pesticides under chapter 17.21 RCW.

(4) Recordkeeping.

(a) For each worker required to be trained under subsection (1) of this section, the agricultural employer must maintain on the agricultural establishment, for two years from the date of the training, a record documenting each worker's training including all of the following:

(i) The trained worker's printed name and signature.

(ii) The date of the training.

(iii) Information identifying which EPA-approved training materials were used.

(iv) The trainer's name and documentation showing that the trainer met the requirements of subsection (3)(d) of this section at the time of training.

(v) The agricultural employer's name.

(b) An agricultural employer who provides, directly or indirectly, training required under subsection (1) of this section must provide to the worker upon request a copy of the record of the training that contains the information required under (a) of this subsection.

History

Statutory Authority: RCW 15.58.040, 17.21.030, and 17.21.440. WSR 22-23-063, § 16-233-101, filed 11/9/22, effective 12/10/22. Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 20-21-029, § 16-233-101, filed 10/12/20, effective 11/12/20. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-101, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-106 Establishment-specific information for workers—40 C.F.R., § 170.403.

Before any worker performs any activity in a treated area on an agricultural establishment where within the last thirty days a pesticide product has been used, or a restricted-entry interval for such pesticide has been in effect, the agricultural employer must ensure that the worker has been informed of, in a manner the worker can understand, all of the following establishment-specific information:

(1) The location of pesticide safety information required in WAC 16-233-026(1).

(2) The location of pesticide application and hazard information required in WAC 16-233-026(2).

(3) The location of decontamination supplies required in WAC 16-233-126.

History

Statutory Authority: RCW 15.58.040, 17.21.030, and chapter 34.05 RCW. WSR 18-01-054, § 16-233-106, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-111 Entry restrictions associated with pesticide applications—40 C.F.R., § 170.405.

(1) Outdoor production pesticide applications.

(a) The application exclusion zone shall be as follows:

(i) The application exclusion zone is the area that extends 100 feet horizontally from the point(s) of pesticide discharge from the application equipment in all directions during application when the pesticide is applied by any of the following methods:

(A) Aerially.

(B) Air blast or air-propelled applications.

(D) As a spray using nozzle configurations which produce a droplet size of smaller than medium, in accordance with the meaning given to "medium" in ANSI/ASAE S572, ANSI/ASAE S572.1, ANSI/ASAE S572.2, or ANSI/ASAE S572.3 (all incorporated by reference in subsection (3) of this section).

(ii) The application exclusion zone is the area that extends 25 feet horizontally from the point(s) of pesticide discharge from the application equipment in all directions when the pesticide is sprayed from a height of greater than 12 inches from the soil surface or planting medium using nozzles or nozzle configurations which produce a droplet size of medium or larger, in accordance with the meaning given to "medium" in ANSI/ASAE S572, ANSI/ASAE S572.1, ANSI/ASAE S572.2, or ANSI/ASAE S572.3 (all incorporated by reference in subsection (3) of this section).

(iii) There is no application exclusion zone when the pesticide is applied in a manner other than those covered in (a)(i) and (ii) of this subsection.

(b) During any outdoor production pesticide application, the agricultural employer must not allow or direct any worker or other person to enter or to remain in the treated area or an application exclusion zone (AEZ) that is within the boundaries of the establishment until the application is complete, except for:

(i) Appropriately trained and equipped handlers involved in the application; and

(ii) Owners of the agricultural establishment and their immediate family members who remain inside closed buildings, housing, or shelters under the conditions specified in WAC 16-233-301.

(c) After the application is complete, the area subject to the labeling-specified restricted-entry interval and the post-application entry restrictions specified in WAC 16-233-116 is the treated area.

(2) Enclosed space production pesticide applications.

(a) During any enclosed space production pesticide application described in column 1 of Table 1 under (d) of this subsection, the agricultural employer must not allow or direct any worker or other person, other than an appropriately trained and equipped handler involved in the application, to enter or to remain in the application exclusion zone (AEZ) area specified in column 2 of Table 1 under (d) of this subsection during the application and until the time specified in column 3 of Table 1 under (d) of this subsection has expired.

(b) After the time specified in column 3 of Table 1 under (d) of this subsection has expired, the area subject to the labeling-specified restricted-entry interval and the post-application entry restrictions specified in WAC 16-233-116 is the area specified in column 4 of Table 1 under (d) of this subsection.

(c) When column 3 of Table 1 under (d) of this subsection specifies that ventilation criteria must be met, ventilation must continue until the air concentration is measured to be equal to or less than the inhalation exposure level required by the labeling. If no inhalation exposure level is listed on the labeling, ventilation must continue until after one of the following conditions is met:

(i) Ten air exchanges are completed.

(ii) Two hours of ventilation using fans or other mechanical ventilating systems.

(iii) Four hours of ventilation using vents, windows, or other passive ventilation.

(iv) Eleven hours with no ventilation followed by one hour of mechanical ventilation.

(v) Eleven hours with no ventilation followed by two hours of passive ventilation.

(vi) Twenty-four hours with no ventilation.

(d) The following table applies to (a), (b), and (c) of this subsection.

Table 1

Entry Restrictions During Enclosed Space Production Pesticide Applications

| 1. When a pesticide is applied: | 2. Prohibit workers and any persons, other than appropriately trained and equipped handlers, from being in AEZ: | 3. Until: | 4. After the expiration of time specified in column 3, the area subject to the restricted-entry interval is: | | --- | --- | --- | --- | | (a) As a fumigant | Entire enclosed space plus any adjacent structure or area that cannot be sealed off from the treated area | The ventilation criteria of subsection (2)(c) of this section are met | No post-application entry restrictions required by WAC 16-233-116 after criteria in column 3 are met | | (b) As a (i) Smoke, or (ii) Mist, or (iii) Fog, or (iv) As a spray using a spray quality (droplet spectrum) of smaller than medium (volume median diameter of less than 294 microns) | Entire enclosed space | The ventilation criteria of subsection (2)(c) of this section are met | Entire enclosed space | | (c) Not as in (a) or (b) above, the pesticide product label requires a respirator during application | Entire enclosed space | The ventilation criteria of subsection (2)(c) of this section are met | Treated area | | (d) Not as in (a), (b) or (c) above, and: (i) From a height of greater than 12 inches from the planting medium, or (ii) As a spray using a spray quality (droplet spectrum) of medium or larger (volume median diameter of 294 microns or greater) | Treated area plus 25 feet in all directions of the treated area, but not outside the enclosed space | Application is complete | Treated area | | (e) Otherwise | Treated area | Application is complete | Treated area |

(3) Incorporation by reference. The material listed in this subsection (3) is incorporated by reference into this section.

(a) ANSI/ASAE S572 FEB2004, Spray Nozzle Classification by Droplet Spectra, reaffirmed February 2004 (ANSI/ASAE S572).

(b) ANSI/ASAE S572.1 MAR2009 (R2017), Spray Nozzle Classification by Droplet Spectra, reaffirmed December 2017 (ANSI/ASAE S572.1).

(c) ANSI/ASAE S572.2 JUL2018, Spray Nozzle Classification by Droplet Spectra, ANSI approved July 2018 (ANSI/ASAE S572.2).

(d) ANSI/ASAE S572.3, Spray Nozzle Classification by Droplet Spectra, ANSI approved February 2020 (ANSI/ASAE S572.3).

History

Statutory Authority: RCW 17.21.030(2), 17.21.440, and 15.58.040(2). WSR 26-09-109, s 16-233-111, filed 4/21/26, effective 6/1/26. Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 20-21-029, § 16-233-111, filed 10/12/20, effective 11/12/20. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-111, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-116 Worker entry restrictions after pesticide applications—40 C.F.R., § 170.407.

(1) After the application of any pesticide to an area of outdoor production, the agricultural employer must not allow or direct any worker to enter or to remain in the treated area before the restricted-entry interval specified on the pesticide product labeling has expired and all treated area warning signs have been removed or covered, except for early-entry activities permitted in WAC 16-233-306.

(2) After the application of any pesticide to an area of enclosed space production, the agricultural employer must not allow or direct any worker to enter or to remain in the areas specified in column 4 of Table 2 in WAC 16-233-111 (2)(d), before the restricted-entry interval specified on the pesticide product labeling has expired and all treated area warning signs have been removed or covered, except for early-entry activities permitted in WAC 16-233-306.

(3) When two or more pesticides are applied to a treated area at the same time, the applicable restricted-entry interval is the longest of all applicable restricted-entry intervals.

(4) When two or more pesticides are applied to a treated area at the same time, the employer must provide and ensure employees, workers, and handlers wear the applicable PPE to protect against all of the pesticides as a mixture and combined product.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 20-21-029, § 16-233-116, filed 10/12/20, effective 11/12/20. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-116, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-121 Oral and posted notification of worker entry restrictions—40 C.F.R., § 170.409.

(1) General requirement. The agricultural employer must notify workers of all entry restrictions required in WAC 16-233-111 and 16-233-116 in accordance with this section.

(a) Type of notification required:

(i) Double notification. If the pesticide product labeling has a statement requiring both the posting of treated areas and oral notification to workers, the agricultural employer must post signs in accordance with subsection (2) of this section and must also provide oral notification of the application to workers in accordance with subsection (3) of this section.

(ii) Outdoor production areas subject to restricted-entry intervals greater than forty-eight hours. If a pesticide with product labeling that requires a restricted-entry interval greater than forty-eight hours is applied to an outdoor production area, the agricultural employer must notify workers of the application by posting warning signs in accordance with subsection (2) of this section.

(iii) Outdoor production areas subject to restricted-entry intervals equal to or less than forty-eight hours. If a pesticide with product labeling that requires a restricted-entry interval equal to or less than forty-eight hours is applied to an outdoor production area, the agricultural employer must notify workers of the application either by posting warning signs in accordance with subsection (2) of this section or by providing workers with an oral warning in accordance with subsection (3) of this section.

(iv) Enclosed space production areas subject to restricted-entry intervals greater than four hours. If a pesticide with product labeling that requires a restricted-entry interval greater than four hours is applied to an enclosed space production area, the agricultural employer must notify workers of the application by posting warning signs in accordance with subsection (2) of this section.

(v) Enclosed space production areas subject to restricted-entry intervals equal to or less than four hours. If a pesticide with product labeling that requires a restricted-entry interval equal to or less than four hours is applied to an enclosed space production area, the agricultural employer must notify workers of the application either by posting warning signs in accordance with subsection (2) of this section or by providing workers with an oral warning in accordance with subsection (3) of this section.

(b) Exceptions. Notification does not need to be given to a worker if the agricultural employer can ensure that one of the following is met:

(i) From the start of the application in an enclosed space production area until the end of any restricted-entry interval, the worker will not enter any part of the entire enclosed structure or space.

(ii) From the start of the application to an outdoor production area until the end of any restricted-entry interval, the worker will not enter, work in, remain in, or pass on foot through the treated area or any area within 1/4 mile of the treated area on the agricultural establishment.

(iii) The worker was involved in the application of the pesticide as a handler, and is aware of all information required in subsection (3)(a) of this section.

(2) Requirements for posted warning signs. If notification by posted warning signs is required pursuant to subsection (1) of this section, the agricultural employer must, unless otherwise prescribed by the label, ensure that all warning signs meet the requirements of this subsection. When several contiguous areas are to be treated with pesticides on a rotating or sequential basis, the entire area may be posted. Worker entry is prohibited for the entire area while the signs are posted, except for entry permitted in WAC 16-233-306.

(a) General. The warning signs must meet all of the following requirements:

(i) Be one of the three sizes specified in (c) of this subsection and comply with the posting placement and spacing requirements applicable to that sign size.

(ii) Be posted prior to but no earlier than twenty-four hours before the scheduled application of the pesticide.

(iii) Remain posted throughout the application and any restricted-entry interval.

(iv) Be removed or covered within three days after the end of the application or any restricted-entry interval, whichever is later.

(v) Remain visible and legible during the time they are required to be posted.

(b) Content.

(i) The warning sign must have a white background. The words "DANGER" and "PELIGRO," plus "PESTICIDES" and "PESTICIDAS," must be at the top of the sign, and the words "KEEP OUT" and "NO ENTRE" must be at the bottom of the sign. Letters for all words must be clearly legible. A circle containing an upraised hand on the left and a stern face on the right must be near the center of the sign. The inside of the circle must be red, except that the hand and a large portion of the face must be in white. The length of the hand must be at least twice the height of the smallest letters. The length of the face must be only slightly smaller than the hand. Additional information such as the name of the pesticide and the date of application may appear on the warning sign if it does not detract from the size and appearance of the sign or change the meaning of the required information. An example of a warning sign meeting these requirements, other than the size and color requirements, follows:

| | | --- |

(ii) The agricultural employer may replace the Spanish language portion of the warning sign with equivalent terms in an alternative non-English language if that alternative language is the language read by the largest group of workers at that agricultural establishment who do not read English. The alternative language sign must be in the same format as the original sign and conform to all other requirements of (b)(i) of this subsection.

(i) The standard sign must be at least fourteen inches by sixteen inches with letters at least one inch in height.

(ii) When posting an outdoor production area using the standard sign, the signs must be visible from all reasonably expected points of worker entry to the treated area, including at least each access road, each border with any worker housing area within one hundred feet of the treated area and each footpath and other walking route that enters the treated area. Where there are no reasonably expected points of worker entry, signs must be posted in the corners of the treated area or in any other location affording maximum visibility.

(iii) When posting an enclosed space production area using the standard sign and the entire structure or space is subject to the labeling-specified restricted-entry interval and the post-application entry restrictions specified in WAC 16-233-116, the signs must be posted so they are visible from all reasonably expected points of worker entry to the structure or space. When posting treated areas in enclosed space production using the standard sign and the treated area only comprises a subsection of the structure or space, the signs must be posted so they are visible from all reasonably expected points of worker entry to the treated area including each aisle or other walking route that enters the treated area. Where there are no reasonably expected points of worker entry to the treated area, signs must be posted in the corners of the treated area or in any other location affording maximum visibility.

(iv) If a smaller warning sign is used with "DANGER" and "PELIGRO" in letters at least 7/8 inch in height and the remaining letters at least 1/2 inch in height and a red circle at least three inches in diameter containing an upraised hand and a stern face, the signs must be posted no farther than fifty feet apart around the perimeter of the treated area in addition to the locations specified in (c)(ii) or (iii) of this subsection.

(v) If a smaller sign is used with "DANGER" and "PELIGRO" in letters at least 7/16 inch in height and the remaining letters at least 1/4 inch in height and a red circle at least one and a half inches in diameter containing an upraised hand and a stern face, the signs must be posted no farther than twenty-five feet apart around the perimeter of the treated area in addition to the locations specified in (c)(ii) or (iii) of this subsection.

(vi) A sign with "DANGER" and "PELIGRO" in letters less than 7/16 inch in height or with any words in letters less than 1/4 inch in height or a red circle smaller than one and a half inches in diameter containing an upraised hand and a stern face will not satisfy the requirements of this chapter.

(3) Oral warnings - Requirement. If oral notification is required pursuant to subsection (1) of this section, the agricultural employer must provide oral warnings to workers in a manner that the workers can understand. If a worker will be on the establishment when an application begins, the warning must be given before the application begins. If a worker arrives on the establishment while an application is taking place or a restricted-entry interval for a pesticide application is in effect, the warning must be given at the beginning of the worker's work period. The warning must include all of the following:

(a) The location(s) and description of any treated area(s) subject to the entry restrictions during and after application specified in WAC 16-233-111 and 16-233-116.

(b) The dates and times during which entry is restricted in any treated area(s) subject to the entry restrictions during and after application specified in WAC 16-233-111 and 16-233-116.

(c) Instructions not to enter the treated area or an application exclusion zone during application, and that entry to the treated area is not allowed until the restricted-entry interval has expired and all treated area warning signs have been removed or covered, except for entry permitted by WAC 16-233-306.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 20-21-029, § 16-233-121, filed 10/12/20, effective 11/12/20. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-121, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-126 Decontamination supplies for workers—40 C.F.R., § 170.411.

(1) Requirement. The agricultural employer must provide decontamination supplies for routine washing and emergency decontamination in accordance with this section for any worker on an agricultural establishment who is performing an activity in an area where a pesticide was applied and who contacts anything that has been treated with the pesticide including, but not limited to, soil, water, and plants.

(2) Materials and quantities. The decontamination supplies required in subsection (1) of this section must provide adequate water at a minimum to include at least one gallon of water per worker at the beginning of each worker's work period for routine washing and emergency decontamination, soap, and single-use towels. The supplies must meet all of the following requirements:

(a) Water. At all times when this part requires agricultural employers to make water available to workers, the agricultural employer must ensure that it is of a quality and temperature that will not cause illness or injury when it contacts the skin or eyes or if it is swallowed. If a water source is used for mixing pesticides, it must not be used for decontamination, unless equipped with properly functioning valves or other mechanisms that prevent contamination of the water with pesticides, such as anti-backflow siphons, one-way or check valves, or an air gap sufficient to prevent contamination.

(b) Soap and single-use towels. The agricultural employer must provide soap and single-use towels for drying in quantities sufficient to meet the workers' reasonable needs. Hand sanitizing gels and liquids or wet towelettes do not meet the requirement for soap. Wet towelettes do not meet the requirement for single-use towels.

(3) Timing.

(a) If any pesticide with a restricted-entry interval greater than four hours was applied, the decontamination supplies must be provided from the time workers first enter the treated area until at least thirty days after the restricted-entry interval expires.

(b) If the only pesticides applied in the treated area are products with restricted-entry intervals of four hours or less, the decontamination supplies must be provided from the time workers first enter the treated area until at least seven days after the restricted-entry interval expires.

(4) Location. The decontamination supplies must be located together outside any treated area or area subject to a restricted-entry interval, and must be reasonably accessible to the workers. The decontamination supplies must not be more than 1/4 mile from where workers are working, except that where workers are working more than 1/4 mile from the nearest place of vehicular access or more than 1/4 mile from any nontreated area, the decontamination supplies may be at the nearest place of vehicular access outside any treated area or area subject to a restricted-entry interval.

(5) Decontamination after early entry activities. At the end of any exposure period for workers engaged in early entry activities permitted by WAC 16-233-311 and involving contact with anything that has been treated with the pesticide to which the restricted-entry interval applies including, but not limited to, soil, water, air, or surfaces of plants, the agricultural employer shall provide, at the site where the workers remove personal protective equipment, soap, single-use towels, and an adequate amount of water so that the workers may wash thoroughly. At least ten gallons of water for one employee and twenty gallons of water for two or more employees shall be provided at early entry sites that do not have running water.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 20-21-029, § 16-233-126, filed 10/12/20, effective 11/12/20. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-126, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-201 Training requirements for handlers—40 C.F.R., § 170.501.

(1) General requirement. Before any handler performs any handler activity involving a pesticide product, the handler employer must ensure that the handler has been trained in accordance with this section within the last 12 months, except as provided in subsection (2) of this section.

(2) Exceptions. The following handlers need not be trained under this section:

(a) A handler who is currently certified as an applicator of restricted use pesticides under chapter 17.21 RCW.

(b) A handler who is certified or licensed as a crop advisor by the Washington state department of agriculture under RCW 15.58.230, provided that a requirement for such certification or licensing is pesticide safety training that includes all the topics set out in subsection (3)(b) or (c) of this section as applicable depending on the date of training.

(3) Training programs.

(a) Pesticide safety training must be presented to handlers either orally from written materials or audio-visually, at a location that is reasonably free from distraction and conducive to training. All training materials must be EPA-approved. The training must be presented in a manner that the handlers can understand, such as through a translator. The training must be conducted by a person who meets the handler trainer requirements of (d) of this subsection, and who must be present during the entire training program and must respond to handlers' questions.

(b) The pesticide safety training materials must include, at a minimum, all of the following topics:

(i) Format and meaning of information contained on pesticide labels and in labeling, including safety information such as precautionary statements about human health hazards.

(ii) Hazards of pesticides resulting from toxicity and exposure, including acute and chronic effects, delayed effects, and sensitization.

(iii) Routes by which pesticides can enter the body.

(iv) Signs and symptoms of common types of pesticide poisoning.

(v) Emergency first aid for pesticide injuries or poisonings.

(vi) How to obtain emergency medical care.

(vii) Routine and emergency decontamination procedures.

(viii) Need for and appropriate use of personal protective equipment.

(ix) Prevention, recognition, and first-aid treatment of heat-related illness.

(x) Safety requirements for handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup.

(xi) Environmental concerns such as drift, runoff, and wildlife hazards.

(xii) Warnings about taking pesticides or pesticide containers home.

(xiii) Requirements of this section that must be followed by handler employers for the protection of handlers and other persons, including the prohibition against applying pesticides in a manner that will cause contact with workers or other persons, the requirement to use personal protective equipment, the provisions for training and decontamination, and the protection against retaliatory acts.

(c) EPA intends to make available to the public training materials that may be used to conduct training conforming to the requirements of this section. Within 180 days after a notice of availability of such training materials appears in the FEDERAL REGISTER, training programs required under this section must include, at a minimum, all of the topics listed in (c)(i) through (xiv) of this subsection instead of the points listed in (b)(i) through (xiii) of this subsection.

(i) All the topics required in WAC 16-233-101 (3)(c).

(ii) Information on proper application and use of pesticides.

(iii) Handlers must follow the portions of the labeling applicable to the safe use of the pesticide.

(iv) Format and meaning of information contained on pesticide labels and in labeling applicable to the safe use of the pesticide.

(v) Need for and appropriate use and removal of all personal protective equipment.

(vi) How to recognize, prevent, and provide first-aid treatment for heat-related illness.

(vii) Safety requirements for handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup.

(viii) Environmental concerns, such as drift, runoff, and wildlife hazards.

(ix) Handlers must not apply pesticides in a manner that results in contact with workers or other persons.

(x) The responsibility of handler employers to provide handlers with information and protections designed to reduce work-related pesticide exposures and illnesses. This includes providing, cleaning, maintaining, storing, and ensuring proper use of all required personal protective equipment; providing decontamination supplies; and providing specific information about pesticide use and labeling information.

(xi) Handlers must suspend a pesticide application if workers or other persons are in the application exclusion zone.

(xii) Handlers must be at least 18 years old.

(xiii) The responsibility of handler employers to ensure handlers have received respirator fit-testing, training and medical evaluation if they are required to wear a respirator by the product labeling.

(xiv) The responsibility of agricultural employers to post treated areas as required by this chapter.

(d) The person who conducts the training must have one of the following qualifications:

(i) Be currently designated as a trainer of certified applicators or pesticide handlers by the Washington state department of agriculture under chapter 15.58 or 17.21 RCW; or

(ii) Have completed an EPA-approved pesticide safety train-the-trainer program for trainers of handlers; or

(iii) Be currently certified as an applicator of restricted use pesticides under chapter 17.21 RCW.

(4) Recordkeeping.

(a) Handler employers must maintain records of training for handlers employed by their establishment for two years after the date of the training. The records must be maintained on the establishment and must include all of the following information:

(i) The trained handler's printed name and signature.

(ii) The date of the training.

(iii) Information identifying which EPA-approved training materials were used.

(iv) The trainer's name and documentation showing that the trainer met the requirements of subsection (3)(d) of this section at the time of training.

(v) The handler employer's name.

(b) The handler employer must, upon request by a handler trained on the establishment, provide to the handler a copy of the record of the training that contains the information required under (a) of this subsection.

History

Statutory Authority: RCW 15.58.040, 17.21.030, and 17.21.440. WSR 22-23-063, § 16-233-201, filed 11/9/22, effective 12/10/22. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-201, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-206 Knowledge of labeling, application-specific, and establishment-specific information for handlers—40 C.F.R., § 170.503.

(1) Knowledge of labeling and application-specific information.

(a) The handler employer must ensure that before any handler performs any handler activity involving a pesticide product, the handler either has read the portions of the labeling applicable to the safe use of the pesticide or has been informed in a manner the handler can understand of all labeling requirements and use directions applicable to the safe use of the pesticide.

(b) The handler employer must ensure that the handler has access to the applicable product labeling at all times during handler activities.

(c) The handler employer must ensure that the handler is aware of requirements for any entry restrictions, application exclusion zones and restricted-entry intervals as described in WAC 16-233-111 and 16-233-116 that may apply based on the handler's activity.

(2) Knowledge of establishment-specific information. Before any handler performs any handler activity on an agricultural establishment where within the last thirty days a pesticide product has been used, or a restricted-entry interval for such pesticide has been in effect, the handler employer must ensure that the handler has been informed, in a manner the handler can understand, all of the following establishment-specific information:

(a) The location of pesticide safety information required in WAC 16-233-026(1).

(b) The location of pesticide application and hazard information required in WAC 16-233-026(2).

History

Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-206, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-211 Requirements during applications to protect handlers, workers, and other persons—40 C.F.R., § 170.505.

(1) Prohibition from contacting workers and other persons with pesticides during application. The handler employer and the handler must ensure that no pesticide is applied so as to contact, directly or through drift, any worker or other person, other than an appropriately trained and equipped handler involved in the application.

(2) Suspending applications.

(a) Any handler performing a pesticide application must immediately suspend the pesticide application if any worker or other person is in the application exclusion zone described in WAC 16-233-111 (1)(a) or the area specified in column 2 of the table in WAC 16-233-111 (2)(d), except for:

(i) Appropriately trained and equipped handlers involved in the application; and

(ii) The owner(s) of the agricultural establishment and members of their immediate families who remain inside closed buildings, housing, or shelters, provided that the handlers have been expressly instructed by the owner(s) of the agricultural establishment that only immediate family members remain inside those closed buildings, housing, or shelters and that the application should proceed despite the presence of the owner(s) or their immediate family members inside those closed buildings, housing, or shelters.

(b) A handler must not resume a suspended pesticide application while any workers or other persons remain in an application exclusion zone described in WAC 16-233-111 (1)(a) or the area specified in column 2 of the table in WAC 16-233-111 (2)(d) except for:

(i) Appropriately trained and equipped handlers involved in the application; and

(3) Handlers using highly toxic pesticides. The handler employer must ensure that any handler who is performing any handler activity with a pesticide product that has the skull-and-crossbones symbol on the front panel of the pesticide product label is monitored visually or by voice communication at least every two hours.

(4) Fumigant applications in enclosed space production. The handler employer must ensure all of the following:

(a) Any handler in an enclosed space production area during a fumigant application maintains continuous visual or voice contact with another handler stationed immediately outside of the enclosed space.

(b) The handler stationed outside the enclosed space has immediate access to and uses the personal protective equipment required by the fumigant labeling for applicators in the event that entry becomes necessary for rescue.

History

Statutory Authority: RCW 17.21.030(2), 17.21.440, and 15.58.040(2). WSR 26-09-109, s 16-233-211, filed 4/21/26, effective 6/1/26. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-211, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-216 Personal protective equipment—40 C.F.R., § 170.507.

(1) Handler responsibilities. Any person who performs handler activities involving a pesticide product must use the clothing and personal protective equipment specified on the pesticide product labeling for use of the product, except as provided in WAC 16-233-316.

(2) Employer responsibilities for providing personal protective equipment. The handler employer must provide to the handler the personal protective equipment required by the pesticide product labeling in accordance with this section. The handler employer must ensure that the personal protective equipment fits, is clean and in proper operating condition. When two or more pesticides are applied to the treated area at the same time, the employer must ensure employees, workers, and handlers wear the applicable PPE that would protect against all of the pesticides as a mixture and combined product. For the purposes of this section, long-sleeved shirts, short-sleeved shirts, long pants, short pants, shoes, and socks are not considered personal protective equipment, although such work clothing must be worn if required by the pesticide product labeling.

(a) If the pesticide product labeling requires that "chemical-resistant" personal protective equipment be worn, it must be made of material that allows no measurable movement of the pesticide being used through the material during use.

(b) If the pesticide product labeling requires that "waterproof" personal protective equipment be worn, it must be made of material that allows no measurable movement of water or aqueous solutions through the material during use.

(c) If the pesticide product labeling requires that a "chemical-resistant suit" be worn, it must be a loose-fitting, one- or two-piece chemical-resistant garment that covers, at a minimum, the entire body except head, hands, and feet.

(d) If the pesticide product labeling requires that "coveralls" be worn, they must be loose-fitting, one- or two-piece garments that cover, at a minimum, the entire body except head, hands, and feet.

(e) Gloves must be the type specified on the pesticide product labeling.

(i) Gloves made of leather, cotton, or other absorbent materials may not be worn while performing handler activities unless gloves made of these materials are listed as acceptable for such use on the pesticide product labeling.

(ii) Separable glove liners may be worn beneath chemical-resistant gloves, unless the pesticide product labeling specifically prohibits their use. Separable glove liners are defined as separate glove-like hand coverings, made of lightweight material, with or without fingers. Work gloves made from lightweight cotton or poly-type material are considered to be glove liners if worn beneath chemical-resistant gloves. Separable glove liners may not extend outside the chemical-resistant gloves under which they are worn. Chemical-resistant gloves with nonseparable absorbent lining materials are prohibited.

(iii) If used, separable glove liners must be discarded immediately after a total of no more than 10 hours of use or within 24 hours of when first put on, whichever comes first. The liners must be replaced immediately if directly contacted by pesticide. Used glove liners must not be reused. Contaminated liners must be disposed of in accordance with any federal, state, or local regulations.

Table 3

Chemical Resistance Category Selection Chart for Gloves

| | (For use when selecting glove types to be listed in the PPE section on pesticide label. Only select glove(s) that indicate a high level of chemical resistance.) | | --- | --- |

| Note: | This table below provides examples of categories of chemical resistant materials that can be used to protect against different kinds of pesticides. | | --- | --- |

| Solvent Category (see Table 4) | Barrier Laminate | Butyl Rubber ≥ 14 mils | Nitrile Rubber ≥ 14 mils | Neoprene Rubber ≥ 14 mils | Natural Rubber* ≥ 14 mils | Poly-ethylene | Polyvinyl Chloride (PVC) ≥ 14 mils | Viton ≥ 14 mils | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | A(dry and water-based formulations) | high | high | high | high | high | high | high | high | | B | high | high | slight | slight | none | slight | slight | slight | | C | high | high | high | high | moderate | moderate | high | high | | D | high | high | moderate | moderate | none | none | none | slight | | E | high | slight | high | high | slight | none | moderate | high | | F | high | high | high | moderate | slight | none | slight | high | | G | high | slight | slight | slight | none | none | none | high | | H | high | slight | slight | slight | none | none | none | high |

Includes natural rubber blends and laminates.

HIGH: Highly chemical-resistant. Clean or replace PPE at end of each day's work period. Rinse off pesticides at rest breaks.

MODERATE: Moderately chemical-resistant. Clean or replace within an hour or two of contact.

SLIGHT: Slightly chemical-resistant. Clean or replace within 10 minutes of contact.

NONE: No chemical-resistance.

Table 4

Solvent List (PRN 93-7, Supplement 2)

| Solvent (chemical name or Trade name) | Chemical Resistance Category | Solvent (chemical name or Trade name) | Chemical Resistance Category | | --- | --- | --- | --- | | Acetone | B | Isopar L | E | | Amyl Acetate | D | Isopar M | E | | Aromatic 100 | F or G | Isopar V | E | | Aromatic 150 | F or G | Isophorone | B | | Aromatic 200 | F or G | Isopropanol | C | | Aromatic Petroleum | F or G | Kerosene | E | | Butoxypolypropylene glycol | C | Methanol | C | | Butyl acetate | D | Methyl amyl ketone | B | | Cyclohexanone | B | Methyl Carbitol | C | | Diacetone alcohol | C | Methyl isobutyl ketone | B | | Diethanolamine | C | Mineral oil | E | | Diesel fuel | E | Mineral spirits | E | | Dipropylene glycol monothylether | C | Naphtha | E | | Ethanol | C | N-methyl pyrrolidone | B | | Ethylene glycol | C | Penreco 2251 oil | E | | Exxon 589 | E | Petroleum Distillate (aliphatic) | E | | Heavy Aromatic Naphtha | F or G | Petroleum oil | E | | Hexylene glycol | C | Propylene glycol | C | | Isopar B | E | T 500-100 | F or G | | Isopar C | E | Tetrahydro-furfuryl alcohol | C | | Isopar E | E | 1,1,1-Trichloroethane | H | | Isopar G | E | Water | A | | Isopar H | E | Xylene | F or G | | Isopar K | E | Xylene range solvents | F or G |

(f) If the pesticide product labeling requires that "chemical-resistant footwear" be worn, one of the following types of footwear must be worn:

(i) Chemical-resistant shoes.

(ii) Chemical-resistant boots.

(iii) Chemical-resistant shoe coverings worn over shoes or boots.

(g) If the pesticide product labeling requires that "protective eyewear" be worn, one of the following types of eyewear must be worn:

(i) Goggles.

(ii) Face shield.

(iii) Safety glasses with front, brow, and temple protection.

(iv) Full-face respirator.

(h) If the pesticide product labeling requires that a "chemical-resistant apron" be worn, a chemical-resistant apron that covers the front of the body from mid-chest to the knees must be worn.

(i) If the pesticide product labeling requires that "chemical-resistant headgear" be worn, it must be either a chemical-resistant hood or a chemical-resistant hat with a wide brim.

(j) The respirator specified by the pesticide product labeling must be used. If the label does not specify the type of respirator to be used, it shall meet the requirements of chapter 296-307 WAC, Part Y-5. Whenever a respirator is required by the pesticide product labeling, the handler employer must ensure that the requirements of (j)(i) through (iii) of this subsection are met before the handler performs any handler activity where the respirator is required to be worn. The respiratory protection requirements of chapter 296-307 WAC, Part Y-5, shall apply. The handler employer must maintain for two years, on the establishment, records documenting the completion of the requirements of (j)(i) through (iii) of this subsection.

(i) The handler employer shall assure that the respirator fits correctly by using the procedures consistent with chapter 296-307 WAC, Part Y-5.

(ii) Handler employers must provide handlers with training in the use of the respirator specified on the pesticide product labeling in a manner that conforms to the provisions of chapter 296-307 WAC, Part Y-5 Respirators.

(iii) Handler employers must provide handlers with a medical evaluation by a physician or other licensed health care professional that conforms to the provisions of WAC 296-307-604 to ensure the handler's physical ability to safely wear the respirator specified on the pesticide product labeling.

(3) Use of personal protective equipment.

(a) The handler employer must ensure that personal protective equipment is used correctly for its intended purpose and is used according to the manufacturer's instructions.

(b) The handler employer must ensure that, before each day of use, all personal protective equipment is inspected for leaks, holes, tears, or worn places, and any damaged equipment is repaired or discarded.

(4) Cleaning and maintenance.

(a) The handler employer must ensure that all personal protective equipment is cleaned according to the manufacturer's instructions or pesticide product labeling instructions before each day of reuse. In the absence of any such instructions, it must be washed thoroughly in detergent and hot water.

(b) If any personal protective equipment cannot or will not be cleaned properly, the handler employer must ensure the contaminated personal protective equipment is made unusable as apparel or is made unavailable for further use by employees or third parties. The contaminated personal protective equipment must be disposed of in accordance with any applicable laws or regulations. Coveralls or other absorbent materials that have been drenched or heavily contaminated with a pesticide that has the signal word "DANGER" or "WARNING" on the label must not be reused and must be disposed of as specified in this subsection. Handler employers must ensure that any person who handles contaminated personal protective equipment described in this subsection wears the gloves specified on the pesticide product labeling for mixing and loading the product(s) comprising the contaminant(s) on the equipment. If two or more pesticides are included in the contaminants, the gloves worn must meet the requirements for mixing and loading all of the pesticide products.

(c) The handler employer must ensure that contaminated personal protective equipment is kept separate from noncontaminated personal protective equipment, other clothing or laundry and washed separately from any other clothing or laundry.

(d) The handler employer must ensure that all washed personal protective equipment is dried thoroughly before being stored or reused.

(e) The handler employer must ensure that all clean personal protective equipment is stored separately from personal clothing and apart from pesticide-contaminated areas.

(f) The handler employer must ensure that when respirators with particulate filtering elements are used, particulate filtering elements are replaced as soon as any one of the following conditions is met:

(i) When breathing resistance becomes excessive.

(ii) When the filter element has physical damage or tears.

(iii) According to manufacturer's recommendations or pesticide product labeling, whichever is more frequent.

(iv) In the absence of any other instructions or indications of service life, at the end of each day's work period.

(g) The handler employer must ensure that when gas- or vapor-removing respirators are used, the gas- or vapor-removing canisters or cartridges are replaced before further respirator use when one of the following conditions is met:

(i) At the first indication of odor, taste, or irritation.

(ii) When the maximum use time is reached as determined by a change schedule conforming to the provisions of chapter 296-307 WAC, Part Y-5 Respirators.

(iii) When breathing resistance becomes excessive.

(iv) When required according to manufacturer's recommendations or pesticide product labeling instructions, whichever is more frequent.

(v) In the absence of any other instructions or indications of service life, at the end of each day's work period.

(h) The handler employer must inform any person who cleans or launders personal protective equipment of all the following:

(i) That such equipment may be contaminated with pesticides and there are potentially harmful effects from exposure to pesticides.

(ii) The correct way(s) to clean personal protective equipment and how to protect themselves when handling such equipment.

(iii) Proper decontamination procedures that should be followed after handling contaminated personal protective equipment.

(i) The handler employer must ensure that handlers have a place(s) away from pesticide storage and pesticide use areas where they may do all of the following:

(i) Store personal clothing not worn during handling activities.

(ii) Put on personal protective equipment at the start of any exposure period.

(iii) Remove personal protective equipment at the end of any exposure period.

(j) The handler employer must not allow or direct any handler to wear home or to take home employer-provided personal protective equipment contaminated with pesticides.

(5) Heat-related illness. Where a pesticide's labeling requires the use of personal protective equipment for a handler activity, the handler employer must ensure that no handler is allowed or directed to wear personal protective equipment without implementing measures sufficient to prevent heat-related illness and that each handler is instructed in the prevention, recognition, and first-aid treatment of heat-related illness.

History

Statutory Authority: RCW 15.58.040, 17.21.030, and 17.21.440. WSR 22-23-063, § 16-233-216, filed 11/9/22, effective 12/10/22. Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 20-21-029, § 16-233-216, filed 10/12/20, effective 11/12/20. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-216, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-221 Decontamination and eye flushing supplies for handlers—40 C.F.R., § 170.509.

(1) Requirement. The handler employer must provide decontamination and eye flushing supplies in accordance with this section for any handler that is performing any handler activity or removing personal protective equipment at the place for changing required in WAC 16-233-216 (4)(i).

(2) General conditions. The decontamination supplies required in subsection (1) of this section must include: At the site where handlers remove personal protective equipment, soap, single-use towels, and a sufficient amount of water so that handlers may wash thoroughly. At least 10 gallons of water for one employee and 20 gallons of water for two or more employees shall be provided at mixing and loading sites that do not have running water. The decontamination and eye flushing supplies required in subsection (1) of this section must meet all of the following requirements:

(a) Water. At all times when this section requires handler employers to make water available to handlers for routine washing, emergency decontamination or eye flushing, the handler employer must ensure that it is of a quality and temperature that will not cause illness or injury when it contacts the skin or eyes or if it is swallowed. If a water source is used for mixing pesticides, it must not be used for decontamination or eye flushing supplies, unless equipped with properly functioning valves or other mechanisms that prevent contamination of the water with pesticides, such as anti-backflow siphons, one-way or check valves, or an air gap sufficient to prevent contamination.

(b) Soap and single-use towels. The handler employer must provide soap and single-use towels for drying in quantities sufficient to meet the handlers' needs. Hand sanitizing gels and liquids or wet towelettes do not meet the requirement for soap. Wet towelettes do not meet the requirement for single-use towels.

(c) Clean change of clothing. The handler employer must provide one clean change of clothing, such as coveralls, for use in an emergency.

(3) Location. The decontamination supplies must be located together outside any treated area or area subject to a restricted-entry interval, and must be reasonably accessible to each handler during the handler activity. The decontamination supplies must not be more than 1/4 mile from the handler, except that where the handler activity is more than 1/4 mile from the nearest place of vehicular access or more than 1/4 mile from any nontreated area, the decontamination supplies may be at the nearest place of vehicular access outside any treated area or area subject to a restricted-entry interval.

(a) Mixing sites. Decontamination supplies must be provided at any mixing site.

(b) Exception for pilots. Decontamination supplies for a pilot who is applying pesticides aerially must be in the aircraft or at the aircraft loading site.

(c) Exception for treated areas. The decontamination supplies must be outside any treated area or area subject to a restricted-entry interval, unless the soap, single-use towels, water and clean change of clothing are protected from pesticide contamination in closed containers.

(4) Emergency eye flushing.

(a) Whenever a handler is mixing or loading a pesticide product whose labeling requires protective eyewear for handlers, or is mixing or loading any pesticide using a closed system operating under pressure, the handler employer must provide at each mixing/loading station and handler decontamination sites, immediately available to the handler, at least one plumbed or portable eye wash system that is capable of delivering gently running water at a rate of at least 0.4 gallons (1.5 liters) per minute for at least 15 minutes, at least six gallons of water, that meets the requirements of WAC 296-307-03930(2). A plumbed or portable system meeting the above requirements shall be provided at all permanent mixing and loading sites.

(b) Whenever a handler is applying a pesticide product whose labeling requires protective eyewear for handlers, the handler employer must provide at least one pint of water per handler in portable containers that are immediately available to each handler.

History

Statutory Authority: RCW 17.21.030(2), 17.21.440, and 15.58.040(2). WSR 26-09-109, s 16-233-221, filed 4/21/26, effective 6/1/26. Statutory Authority: RCW 15.58.040, 17.21.030, and 17.21.440. WSR 22-23-063, § 16-233-221, filed 11/9/22, effective 12/10/22. Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 20-21-029, § 16-233-221, filed 10/12/20, effective 11/12/20. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-221, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-301 Exemptions—40 C.F.R., § 170.601.

(1) Exemption for owners of agricultural establishments and their immediate families.

(a) On any agricultural establishment where a majority of the establishment is owned by one or more members of the same immediate family, the owner(s) of the establishment (and, where specified in the following, certain handlers) are not required to provide the protections of the following sections to themselves or members of their immediate family when they are performing handling activities or tasks related to the production of agricultural plants that would otherwise be covered by this chapter on their own agricultural establishment.

(i) WAC 16-233-021 (6) through (10).

(ii) WAC 16-233-026.

(iii) WAC 16-233-101.

(iv) WAC 16-233-106.

(v) WAC 16-233-111 (1)(b) and 16-233-211(2), but only in regard to owner(s) of the establishment and their immediate family members who remain inside closed buildings, housing, or shelters. This exception also applies to handlers (regardless of whether they are immediate family members) who have been expressly instructed by the owner(s) of the establishment that:

(A) Only the owner(s) or their immediate family members remain inside the closed building, housing, or shelter; and

(B) The application should proceed despite the presence of the owner(s) or their immediate family members remaining inside the closed buildings, housing, or shelters.

(vi) WAC 16-233-121.

(vii) WAC 16-233-126 and 16-233-221.

(viii) WAC 16-233-201.

(ix) WAC 16-233-206.

(x) WAC 16-233-211 (3) and (4).

(xi) WAC 16-233-216 (3) through (5).

(xii) WAC 16-233-311 (1) through (3) and (5) through (10).

(b) The owners of agricultural establishments must provide all of the applicable protections required by this chapter for any employees or other persons on the establishment that are not members of their immediate family.

(2) Exemption for certified crop advisors. Certified crop advisors may make their own determination for the appropriate personal protective equipment for entry into a treated area during a restricted-entry interval and substitute their self-determined set of personal protective equipment for the labeling-required personal protective equipment, and the requirements of WAC 16-233-021 (5) and (6), 16-233-031(11), 16-233-206(1), 16-233-216, and 16-233-221 do not apply to certified crop advisors provided the application is complete and all of the following conditions are met:

(a) The crop advisor is certified or licensed as a crop advisor by the Washington state department of agriculture.

(b) The certification or licensing program requires pesticide safety training that includes all the information in WAC 16-233-201 (3)(b) or (c) as applicable depending on the date of training.

(c) The crop advisor who enters a treated area during a restricted-entry interval only performs crop advising tasks while in the treated area.

History

Statutory Authority: RCW 17.21.030(2), 17.21.440, and 15.58.040(2). WSR 26-09-109, s 16-233-301, filed 4/21/26, effective 6/1/26. Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 20-21-029, § 16-233-301, filed 10/12/20, effective 11/12/20. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-301, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-306 Exceptions for entry by workers during restricted-entry intervals—40 C.F.R., § 170.603.

An agricultural employer may direct workers to enter treated areas where a restricted-entry interval is in effect to perform certain activities as provided in this section, provided that the agricultural employer ensures all of the applicable conditions of this section and WAC 16-233-311 are met.

(1) Exception for activities with no contact. A worker may enter a treated area during a restricted-entry interval if the agricultural employer ensures that all of the following conditions are met:

(a) The worker will have no contact with anything that has been treated with the pesticide to which the restricted-entry interval applies including, but not limited to, soil, water, air, or surfaces of plants. This exception does not allow workers to perform any activities that involve contact with treated surfaces even if workers are wearing personal protective equipment.

(b) No such entry is allowed until any inhalation exposure level listed in the pesticide product labeling has been reached or any ventilation criteria required in WAC 16-233-111 (2)(c) or the pesticide product labeling have been met, and either inhalation exposure levels are below PELs in WAC 296-307-624, Part Y-6 Respiratory hazards, or respiratory protection is worn according to requirements in WAC 296-307-594, Part Y-5 Respirators.

(2) Exception for short-term activities. A worker may enter a treated area during a restricted-entry interval for short-term activities, if the agricultural employer ensures that all of the following requirements are met:

(a) No hand labor activity is performed.

(b) The time in treated areas where a restricted-entry interval is in effect does not exceed one hour in any twenty-four-hour period for any worker.

(d) No such entry is allowed until any inhalation exposure level listed in the pesticide product labeling has been reached or any ventilation criteria required in WAC 16-233-111 (2)(c) or the pesticide product labeling have been met, and either inhalation exposure levels are below PELs in WAC 296-307-624, Part Y-6 Respiratory hazards, or respiratory protection is worn according to requirements in WAC 296-307-594, Part Y-5 Respirators.

(3) Exception for an agricultural emergency.

(a) An agricultural emergency means a sudden occurrence or set of circumstances that the agricultural employer could not have anticipated and over which the agricultural employer has no control, that requires entry into a treated area during a restricted-entry interval, and when no alternative practices would prevent or mitigate a substantial economic loss. A substantial economic loss means a loss in profitability greater than that which would be expected based on the experience and fluctuations of crop yields in previous years. Only losses caused by the agricultural emergency specific to the affected site and geographic area are considered. Losses resulting from mismanagement cannot be included when determining whether a loss is substantial.

(b) A worker may enter a treated area where a restricted-entry interval is in effect in an agricultural emergency to perform tasks necessary to mitigate the effects of the agricultural emergency, including hand labor tasks, if the agricultural employer ensures that all the following criteria are met:

(i) The Washington state department of agriculture declares an agricultural emergency that applies to the treated area, or agricultural employer has determined that the circumstances within the treated area are the same as circumstances the Washington state department of agriculture has previously determined would constitute an agricultural emergency.

(ii) The agricultural employer determines that the agricultural establishment is subject to the circumstances that result in an agricultural emergency meeting the criteria of (a) of this subsection.

(iii) If the labeling of any pesticide product applied to the treated area requires workers to be notified of the location of treated areas by both posting and oral notification, then the agricultural employer must ensure that no individual worker spends more than four hours out of any twenty-four-hour period in treated areas where such a restricted-entry interval is in effect.

(iv) No such entry is allowed during the first four hours after the application ends.

(v) No such entry is allowed until any inhalation exposure level listed in the pesticide product labeling has been reached or any ventilation criteria required in WAC 16-233-111 (2)(c) or the pesticide product labeling have been met, and either inhalation exposure levels are below PELs in WAC 296-307-624, Part Y-6 Respiratory hazards, or respiratory protection is worn according to requirements in WAC 296-307-594, Part Y-5 Respirators.

(vi) A decontamination site has been provided in accordance with WISHA regulations.

(4) Exceptions for limited contact and irrigation activities. A worker may enter a treated area during a restricted-entry interval for limited contact or irrigation activities, if the agricultural employer ensures that all of the following requirements are met:

(a) No hand labor activity is performed.

(b) No worker is allowed in the treated area for more than eight hours in a twenty-four-hour period.

(e) The task is one that, if not performed before the restricted-entry interval expires, would cause substantial economic loss, and there are no alternative tasks that would prevent substantial loss.

(f) With the exception of irrigation tasks, the need for the task could not have been foreseen.

(g) The worker has no contact with pesticide-treated surfaces other than minimal contact with feet, lower legs, hands, and forearms.

(h) The labeling of the pesticide product that was applied does not require that workers be notified of the location of treated areas by both posting and oral notification.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 20-21-029, § 16-233-306, filed 10/12/20, effective 11/12/20. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-306, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-311 Agricultural employer responsibilities to protect workers entering treated areas during a restricted-entry interval—40 C.F.R., § 170.605.

If an agricultural employer directs a worker to perform activities in a treated area where a restricted-entry interval is in effect, all of the following requirements must be met:

(1) The agricultural employer must ensure that the worker is at least 18 years old.

(2) Prior to early entry, the agricultural employer must provide to each early-entry worker the information described in (a) through (h) of this subsection. The information must be provided orally in a manner that the worker can understand.

(a) Location of early-entry area where work activities are to be performed.

(b) Pesticide(s) applied.

(d) Which exception in WAC 16-233-306 is the basis for the early entry, and a description of tasks that may be performed under the exception.

(e) Whether contact with treated surfaces is permitted under the exception.

(f) Amount of time the worker is allowed to remain in the treated area.

(g) Personal protective equipment required by the pesticide product labeling for early entry.

(h) Location of the pesticide safety information required in WAC 16-233-026(1) and the location of the decontamination supplies required in subsection (8) of this section.

(3) Prior to early entry, the agricultural employer must ensure that each worker either has read the applicable pesticide product labeling or has been informed, in a manner that the worker can understand, of all labeling requirements and statements related to human hazards or precautions, first aid, and user safety.

(4) The agricultural employer must ensure that each worker who enters a treated area during a restricted-entry interval is provided the personal protective equipment specified in the pesticide product labeling for early entry. The agricultural employer must ensure that the worker uses the personal protective equipment as intended according to manufacturer's instructions and follows any other applicable requirements on the pesticide product labeling. Personal protective equipment must conform to the standards in WAC 16-233-216 (2)(a) through (i).

(5) The agricultural employer must maintain the personal protective equipment in accordance with WAC 16-233-216 (3) and (4).

(6) The agricultural employer must ensure that no worker is allowed or directed to wear personal protective equipment without implementing measures sufficient to prevent heat-related illness and that each worker is instructed in the prevention, recognition, and first-aid treatment of heat-related illness.

(7)(a) The agricultural employer must instruct each worker on the proper use and removal of the personal protective equipment, and as appropriate, on its cleaning, maintenance and disposal. The agricultural employer must not allow or direct any worker to wear home or to take home employer-provided personal protective equipment contaminated with pesticides.

(b) Each worker is instructed in the prevention, recognition, and first-aid treatment of heat-related illness.

(8) During any early-entry activity, the agricultural employer must provide decontamination supplies in accordance with WAC 16-233-221, except the decontamination supplies must be outside any area being treated with pesticides or subject to a restricted-entry interval, unless the decontamination supplies would otherwise not be reasonably accessible to workers performing early-entry tasks.

(9) If the pesticide product labeling of the product applied requires protective eyewear, the agricultural employer must provide at least one pint of water per worker in portable containers for eye flushing that is immediately available to each worker who is performing early-entry activities.

(10) At the end of any early-entry activities the agricultural employer must provide, at the site where the workers remove personal protective equipment, soap, single-use towels and an adequate amount of water so that the workers may wash thoroughly. At least 10 gallons of water for one employee and 20 gallons of water for two or more employees shall be provided at early entry sites that do not have running water.

History

Statutory Authority: RCW 15.58.040, 17.21.030, and 17.21.440. WSR 22-23-063, § 16-233-311, filed 11/9/22, effective 12/10/22. Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 20-21-029, § 16-233-311, filed 10/12/20, effective 11/12/20. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-311, filed 12/13/17, effective 1/13/18.

Wash. Admin. Code § 16-233-316 Exceptions to personal protective equipment requirements specified on pesticide product labeling—40 C.F.R., § 170.607.

(1) Body protection.

(a) A chemical-resistant suit may be substituted for coveralls. If a chemical-resistant suit is substituted for coveralls, any labeling requirement for an additional layer of clothing beneath the coveralls is waived.

(b) A chemical-resistant suit may be substituted for coveralls and a chemical-resistant apron.

(2) Boots. If chemical-resistant footwear with sufficient durability and a tread appropriate for wear in rough terrain is not obtainable, then leather boots may be worn in such terrain.

(3) Gloves. If chemical-resistant gloves with sufficient durability and suppleness are not obtainable, then during activities with plants with sharp thorns, leather gloves may be worn over chemical-resistant glove liners. However, once leather gloves are worn for this use, thereafter they must be worn only with chemical-resistant liners and they must not be worn for any other use.

(4) Closed systems.

(a) When pesticides are being mixed or loaded using a closed system that meets all of the requirements in (b) of this subsection, and the handler employer meets the requirements in (c) of this subsection, the following exceptions to labeling-specified personal protective equipment are permitted:

(i) Handlers using a closed system to mix or load pesticides with a signal word of "DANGER" or "WARNING" may substitute a long-sleeved shirt, long pants, shoes and socks, chemical-resistant apron, protective eyewear, and any protective gloves specified on the labeling for handlers for the labeling-specified personal protective equipment.

(ii) Handlers using a closed system to mix or load pesticides other than those specified in (a)(i) of this subsection may substitute protective eyewear, long-sleeved shirt, long pants, and shoes and socks for the labeling-specified personal protective equipment.

(b) The exceptions in (a) of this subsection apply only in the following situations:

(i) Where the closed system removes the pesticide from its original container and transfers the pesticide product through connecting hoses, pipes and couplings that are sufficiently tight to prevent exposure of handlers to the pesticide product, except for the negligible escape associated with normal operation of the system.

(ii) When loading intact, sealed, water soluble packaging into a mixing tank or system. If the integrity of a water soluble packaging is compromised (for example, if the packaging is dissolved, broken, punctured, torn, or in any way allows its contents to escape), it is no longer a closed system and the labeling-specified personal protective equipment must be worn.

(c) The exceptions in (a) of this subsection apply only where the handler employer has satisfied the requirements in WAC 16-233-031 and all of the following conditions:

(i) Each closed system must have written operating instructions that are clearly legible and include: Operating procedures for use, including the safe removal of a probe; maintenance, cleaning and repair; known restrictions or limitations relating to the system, such as incompatible pesticides, sizes (or types) of containers or closures that cannot be handled by the system; any limits on the ability to measure a pesticide; and special procedures or limitations regarding partially filled containers.

(ii) The written operating instructions for the closed system must be available at the mixing or loading site and must be made available to any handlers who use the system.

(iii) Any handler operating the closed system must be trained in its use and operate the closed system in accordance with its written operating instructions.

(iv) The closed system must be cleaned and maintained as specified in the written operating instructions and as needed to make sure the system functions properly.

(v) All personal protective equipment specified in the pesticide product labeling is immediately available to the handler for use in an emergency.

(vi) Protective eyewear must be worn when using closed systems operating under pressure.

(5) Enclosed cabs.

(a) If handling tasks are performed from inside a cab that has a nonporous barrier which totally surrounds the occupants of the cab and prevents contact with pesticides outside of the cab, exceptions to personal protective equipment specified on the product labeling for that handling activity are permitted as provided in (a) and (b) of this subsection.

(b) Persons occupying an enclosed cab shall have all labeling-specified personal protective equipment immediately available and stored in a chemical-resistant container, such as a plastic bag. They shall wear such personal protective equipment if it is necessary to exit the cab within a treated area during application or when a restricted-entry interval is in effect. Once personal protective equipment is worn in the treated area, it must be removed before reentering the cab to prevent contamination of the cab.

(c) Persons occupying such an enclosed cab may substitute a long-sleeved shirt, long pants, shoes and socks for the labeling-specified personal protective equipment. If a respiratory protection device is specified on the pesticide product labeling for the handling activity, it must be worn.

(d) Persons occupying an enclosed cab that has a properly functioning ventilation system which is used and maintained in accordance with the manufacturer's written operating instructions and which is declared in writing by the manufacturer to provide respiratory protection equivalent to or greater than a dust/mist filtering respirator may substitute a long-sleeved shirt, long pants, shoes, and socks for the labeling-specified personal protective equipment. If a respiratory protection device other than a particulate/dust/mist filtering respirator is specified on the pesticide product labeling, it must be worn.

(6) Aerial applications.

(a) Use of gloves. The wearing of chemical-resistant gloves when entering or leaving an aircraft used to apply pesticides is optional, unless such gloves are required on the pesticide product labeling. If gloves are brought into the cockpit of an aircraft that has been used to apply pesticides, the gloves shall be kept in an enclosed container to prevent contamination of the inside of the cockpit.

(b) Open cockpit. Handlers applying pesticides from an open cockpit aircraft must use the personal protective equipment specified in the pesticide product labeling for use during application, except that chemical-resistant footwear need not be worn. A helmet may be substituted for chemical-resistant headgear. A helmet with a face shield lowered to cover the face may be substituted for protective eyewear.

(c) Enclosed cockpit. Persons occupying an enclosed cockpit may substitute a long-sleeved shirt, long pants, shoes, and socks for labeling-specified personal protective equipment.

(7) Crop advisors.

(a) Provided the conditions in (b) through (d) of this subsection are met, crop advisors and their employees entering treated areas to perform crop advising tasks while a restricted-entry interval is in effect may substitute either of the following sets of personal protective equipment for the personal protective equipment specified on the pesticide labeling for handler activities:

(i) The personal protective equipment specified on the pesticide product labeling for early entry.

(ii) Coveralls, shoes plus socks and chemical-resistant gloves made of any waterproof material, and eye protection if the pesticide product labeling applied requires protective eyewear for handlers.

(b) The application has been complete for at least four hours.

(c) No such entry is allowed until any inhalation exposure level listed in the pesticide product labeling has been reached or any ventilation criteria required in WAC 16-233-111 (2)(c) or the pesticide product labeling have been met, and either inhalation exposure levels are below PELs in WAC 296-307-624, Part Y-6 Respiratory hazards, or respiratory protection is provided and worn according to requirements in WAC 296-307-594, Part Y-5 Respirators.

(d) The crop advisor or crop advisor employee who enters a treated area during a restricted-entry interval only performs crop advising tasks while in the treated area.

History

Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 20-21-029, § 16-233-316, filed 10/12/20, effective 11/12/20. Statutory Authority: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW. WSR 18-01-054, § 16-233-316, filed 12/13/17, effective 1/13/18.

Chapter 16-236 SEPA procedures.

Wash. Admin. Code § 16-236-010 Authority.

These rules are promulgated under RCW 43.21C.120 (the State Environmental Policy Act) and chapter 197-11 WAC (SEPA rules).

History

Statutory Authority: Chapter 43.21C RCW. WSR 84-24-033 (Order 1843), § 16-236-010, filed 11/30/84.

Wash. Admin. Code § 16-236-020 Adoption by reference.

The department of agriculture adopts the following sections of chapter 197-11 WAC by reference:

| WAC | | | --- | --- | | 197-11-020 | Purpose. | | 197-11-040 | Definitions. | | 197-11-050 | Lead agency. | | 197-11-055 | Timing of the SEPA process. | | 197-11-060 | Content of environmental review. | | 197-11-070 | Limitations on actions during SEPA process. | | 197-11-080 | Incomplete or unavailable information. | | 197-11-090 | Supporting documents. | | 197-11-100 | Information required of applicants. | | 197-11-300 | Purpose of this part. | | 197-11-305 | Categorical exemptions. | | 197-11-310 | Threshold determination required. | | 197-11-315 | Environmental checklist. | | 197-11-330 | Threshold determination process. | | 197-11-335 | Additional information. | | 197-11-340 | Determination of nonsignificance (DNS). | | 197-11-350 | Mitigated DNS. | | 197-11-360 | Determination of significance (DS)/initiation of scoping. | | 197-11-390 | Effect of threshold determination. | | 197-11-400 | Purpose of EIS. | | 197-11-402 | General requirements. | | 197-11-405 | EIS types. | | 197-11-406 | EIS timing. | | 197-11-408 | Scoping. | | 197-11-410 | Expanded scoping. (Optional) | | 197-11-425 | Style and size. | | 197-11-430 | Format. | | 197-11-435 | Cover letter or memo. | | 197-11-440 | EIS contents. | | 197-11-442 | Contents of EIS on nonproject proposals. | | 197-11-443 | EIS contents when prior nonproject EIS. | | 197-11-444 | Elements of the environment. | | 197-11-448 | Relationship of EIS to other considerations. | | 197-11-450 | Cost-benefit analysis. | | 197-11-455 | Issuance of DEIS. | | 197-11-460 | Issuance of FEIS. | | 197-11-500 | Purpose of this part. | | 197-11-502 | Inviting comment. | | 197-11-504 | Availability and cost of environmental documents. | | 197-11-508 | SEPA register. | | 197-11-535 | Public hearings and meetings. | | 197-11-545 | Effect of no comment. | | 197-11-550 | Specificity of comments. | | 197-11-560 | FEIS response to comments. | | 197-11-570 | Consulted agency costs to assist lead agency. | | 197-11-600 | When to use existing environmental documents. | | 197-11-610 | Use of NEPA documents. | | 197-11-620 | Supplemental environmental impact statement—Procedures. | | 197-11-625 | Addenda—Procedures. | | 197-11-630 | Adoption—Procedures. | | 197-11-635 | Incorporation by reference—Procedures. | | 197-11-640 | Combining documents. | | 197-11-650 | Purpose of this part. | | 197-11-655 | Implementation. | | 197-11-660 | Substantive authority and mitigation. | | 197-11-680 | Appeals. | | 197-11-700 | Definitions. | | 197-11-702 | Act. | | 197-11-704 | Action. | | 197-11-706 | Addendum. | | 197-11-708 | Adoption. | | 197-11-710 | Affected tribe. | | 197-11-712 | Affecting. | | 197-11-714 | Agency. | | 197-11-716 | Applicant. | | 197-11-718 | Built environment. | | 197-11-720 | Categorical exemption. | | 197-11-722 | Consolidated appeal. | | 197-11-724 | Consulted agency. | | 197-11-726 | Cost-benefit analysis. | | 197-11-728 | County/city. | | 197-11-730 | Decision maker. | | 197-11-734 | Determination of nonsignificance (DNS). | | 197-11-736 | Determination of significance (DS). | | 197-11-738 | EIS. | | 197-11-740 | Environment. | | 197-11-742 | Environmental checklist. | | 197-11-744 | Environmental document. | | 197-11-746 | Environmental review. | | 197-11-748 | Environmentally sensitive area. | | 197-11-750 | Expanded scoping. | | 197-11-752 | Impacts. | | 197-11-754 | Incorporation by reference. | | 197-11-756 | Lands covered by water. | | 197-11-758 | Lead agency. | | 197-11-760 | License. | | 197-11-762 | Local agency. | | 197-11-764 | Major action. | | 197-11-766 | Mitigated DNS. | | 197-11-768 | Mitigation. | | 197-11-770 | Natural environment. | | 197-11-772 | NEPA. | | 197-11-774 | Nonproject. | | 197-11-776 | Phased review. | | 197-11-778 | Preparation. | | 197-11-780 | Private project. | | 197-11-782 | Probable. | | 197-11-784 | Proposal. | | 197-11-786 | Reasonable alternative. | | 197-11-788 | Responsible official. | | 197-11-790 | SEPA. | | 197-11-792 | Scope. | | 197-11-793 | Scoping. | | 197-11-794 | Significant. | | 197-11-796 | State agency. | | 197-11-797 | Threshold determination. | | 197-11-799 | Underlying governmental action. | | 197-11-800 | Categorical exemptions. | | 197-11-810 | Exemptions and nonexemptions applicable to specific state agencies. | | 197-11-850 | Department of agriculture. | | 197-11-880 | Emergencies. | | 197-11-890 | Petitioning DOE to change exemptions. | | 197-11-900 | Purpose of this part. | | 197-11-908 | Environmentally sensitive areas. | | 197-11-912 | Procedures on consulted agencies. | | 197-11-916 | Application to ongoing actions. | | 197-11-917 | Relationship to chapter 197-10 WAC. | | 197-11-920 | Agencies with environmental expertise. | | 197-11-922 | Lead agency rules. | | 197-11-924 | Determining the lead agency. | | 197-11-926 | Lead agency for governmental proposals. | | 197-11-928 | Lead agency for public and private proposals. | | 197-11-930 | Lead agency for private projects with one agency with jurisdiction. | | 197-11-932 | Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city. | | 197-11-934 | Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies. | | 197-11-936 | Lead agency for private projects requiring licenses from more than one state agency. | | 197-11-938 | Lead agencies for specific proposals. | | 197-11-940 | Transfer of lead agency status to a state agency. | | 197-11-942 | Agreements on lead agency status. | | 197-11-944 | Agreements on division of lead agency duties. | | 197-11-946 | DOE resolution of lead agency disputes. | | 197-11-948 | Assumption of lead agency status. | | 197-11-960 | Environmental checklist. | | 197-11-965 | Adoption notice. | | 197-11-970 | Determination of nonsignificance (DNS). | | 197-11-980 | Determination of significance and scoping notice (DS). | | 197-11-985 | Notice of assumption of lead agency status. | | 197-11-990 | Notice of action. |

History

Statutory Authority: Chapter 43.21C RCW. WSR 84-24-033 (Order 1843), § 16-236-020, filed 11/30/84.

Wash. Admin. Code § 16-236-030 Purpose.

(1) This chapter implements the statewide rules in chapter 197-11 WAC as they apply to the department of agriculture.

(2) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the department to use all practical means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:

(a) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

(b) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

(c) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

(d) Preserve important historic, cultural, and natural aspects of our national heritage;

(e) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

(f) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and

(g) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

(3) The department recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

History

Statutory Authority: Chapter 43.21C RCW. WSR 84-24-033 (Order 1843), § 16-236-030, filed 11/30/84.

Wash. Admin. Code § 16-236-040 Additional definition.

"Department" means department of agriculture unless otherwise indicated.

History

Statutory Authority: Chapter 43.21C RCW. WSR 84-24-033 (Order 1843), § 16-236-040, filed 11/30/84.

Wash. Admin. Code § 16-236-050 Designation of responsible official.

Within the department of agriculture the ultimate responsible official is the director. The responsible official for a specific proposal shall be the assistant to the director in charge of environmental affairs or their designee.

History

Statutory Authority: RCW 43.21C.120 and 43.01.160. WSR 24-22-039, s 16-236-050, filed 10/28/24, effective 11/28/24. Statutory Authority: Chapter 43.21C RCW. WSR 84-24-033 (Order 1843), § 16-236-050, filed 11/30/84.

Wash. Admin. Code § 16-236-060 EIS preparation.

(1) Preparation of draft and final EISs and SEISs is the responsibility of the assistant to the director in charge of environmental affairs or their designee. The responsible official shall be satisfied that all EISs and SEISs issued by the department are in compliance with these rules and chapter 197-11 WAC.

(2) Any draft or final EIS or SEIS shall be prepared by the department, the applicant, or by a consultant mutually agreed upon by the department and applicant.

(3) Whenever someone other than the department prepares a draft or final EIS or SEIS, the responsible official shall:

(a) Coordinate scoping to ensure that the individual preparing the document receives all substantive information submitted by any agency or person.

(b) Direct the areas of research and study to be undertaken and the content and organization of the document.

(d) Allow the person preparing the document access to department records relating to the document, as prescribed in chapter 16-06 WAC, Public records.

(4) Nothing herein shall be construed to prohibit the department from charging any fee of an applicant that the department is otherwise authorized to charge (see WAC 197-11-914). A performance bond in amount specified by the department may be required of the applicant to ensure payment of department expenses in preparing, in whole or in part, a draft or final EIS or SEIS.

History

Statutory Authority: RCW 43.21C.120 and 43.01.160. WSR 24-22-039, s 16-236-060, filed 10/28/24, effective 11/28/24. Statutory Authority: Chapter 43.21C RCW. WSR 84-24-033 (Order 1843), § 16-236-060, filed 11/30/84.

Wash. Admin. Code § 16-236-070 Environmentally sensitive areas.

During threshold determination and in determining whether a proposal is exempt from SEPA, the department shall give all due consideration to "environmentally sensitive area" designations made by local governments under WAC 197-11-908.

History

Statutory Authority: Chapter 43.21C RCW. WSR 84-24-033 (Order 1843), § 16-236-070, filed 11/30/84.

Wash. Admin. Code § 16-236-080 Threshold levels adopted by local governments.

During threshold determination and in determining whether a proposal is exempt from SEPA, the department shall respect threshold levels adopted by local governments under WAC 197-11-800.

History

Statutory Authority: Chapter 43.21C RCW. WSR 84-24-033 (Order 1843), § 16-236-080, filed 11/30/84.

Wash. Admin. Code § 16-236-090 Coordination of combined state-federal action.

When the department considers actions which also involve federal actions, it shall coordinate the two governmental processes so that only one EIS, or other environmental document, need be prepared for that proposal.

History

Statutory Authority: Chapter 43.21C RCW. WSR 84-24-033 (Order 1843), § 16-236-090, filed 11/30/84.

Wash. Admin. Code § 16-236-100 Public notice requirements.

(1) When these rules require notice of environmental document preparation or availability, as a lead agency and taking into consideration the geographic area affected by the proposal, the size and complexity of the proposal, the public notice requirements for the permit or approval required from the department, public interest expressed in the proposal, and whether the proposal is a project or regulation, the department shall give public notice by using at least one of the following methods:

(a) Posting the property, for site-specific proposals;

(b) Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located;

(c) Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered;

(d) Notifying the news media; and/or

(e) Publishing notice in a department newsletter.

(2) Whenever possible, the department shall integrate these public notice requirements with existing notice procedures for any department permits or approvals required for the proposal.

(3) The department may require an applicant to complete the public notice requirements for the applicant's proposal at their expense.

History

Statutory Authority: RCW 43.21C.120 and 43.01.160. WSR 24-22-039, s 16-236-100, filed 10/28/24, effective 11/28/24. Statutory Authority: Chapter 43.21C RCW. WSR 84-24-033 (Order 1843), § 16-236-100, filed 11/30/84.

Wash. Admin. Code § 16-236-110 Notice/statute of limitations.

(1) The department, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080.

(2) The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the department, applicant, or proponent pursuant to RCW 43.21C.080.

History

Statutory Authority: Chapter 43.21C RCW. WSR 84-24-033 (Order 1843), § 16-236-110, filed 11/30/84.

Wash. Admin. Code § 16-236-120 Policies and procedures for conditioning or denying permits or other approvals.

(1) The policies and goals in this section are supplementary to existing authorities of the department.

(2) It is the policy of the department to avoid or mitigate adverse environmental impacts which may result from the department's decisions.

(3) The department shall ensure that presently unquantified environmental amenities and values will be given appropriate consideration in decision-making along with economic and technical considerations.

(4) When the environmental document for a proposal shows it will cause significant adverse impacts, the responsible official shall consider whether:

(a) The environmental document identified mitigation measures that are reasonable and capable of being accomplished;

(b) Other local, state, or federal requirements and enforcement would mitigate the significant adverse environmental impacts; and

(5) When the environmental document for a proposal shows it will cause significant adverse impacts, the responsible official may:

(a) Condition the approval for a proposal if mitigation measures are reasonable and capable of being accomplished and the proposal is consistent with the policies in this section; or

(b) Deny the permit or approval for a proposal if reasonable mitigation measures are insufficient to mitigate significant adverse environmental impacts and the proposal is inconsistent with the policies in this section.

(6) The procedures in WAC 197-11-660 shall also be followed when conditioning or denying permits or other approvals.

History

Statutory Authority: Chapter 43.21C RCW. WSR 84-24-033 (Order 1843), § 16-236-120, filed 11/30/84.

Wash. Admin. Code § 16-236-130 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.

History

Statutory Authority: Chapter 43.21C RCW. WSR 84-24-033 (Order 1843), § 16-236-130, filed 11/30/84.

Chapter 16-237 Commodity storage warehouses and grain dealers.

Wash. Admin. Code § 16-237-010 Definitions.

(1) "Permanent enclosed storage space" means that it has a foundation and both rigid walls and roof.

(2) "Warehouse operator" means the same as "warehouseman" which is defined in chapter 22.09 RCW.

History

Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-010, filed 10/13/00, effective 11/13/00.

Wash. Admin. Code § 16-237-015 Covered commodities.

Commodities covered under chapter 22.09 RCW in respect to storage and/or merchandising shall include wheat, barley, oats, field corn, popcorn, rye, triticale, grain sorghum, soybeans, sunflowers, flax, buckwheat, canola, rapeseed, safflower, millet, mustard, dry peas, dry beans, lentils, malt, and the by-products resulting from conditioning the above commodities.

History

Statutory Authority: RCW 22.09.020 and chapter 34.05 RCW. WSR 16-01-159, § 16-237-015, filed 12/22/15, effective 1/22/16. Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-015, filed 10/13/00, effective 11/13/00.

Wash. Admin. Code § 16-237-020 Grades and standards.

The grades and standards established by the United States Department of Agriculture as of August 1, 1984, for all grains and commodities included within the provisions of this chapter are hereby adopted. In addition, the procedures to sample, grade, test and weigh grains and commodities, established by the regulations and instructions under the United States Grain Standards Act and the Agricultural Marketing Act of 1946, are hereby adopted for this state.

History

Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-020, filed 10/13/00, effective 11/13/00.

Wash. Admin. Code § 16-237-025 Bond requirements.

(1) A bond of not less than fifty thousand dollars nor more than seven hundred fifty thousand dollars shall be required for each warehouse operator and dealer licensed pursuant to chapter 22.09 RCW, the Washington Warehouse Act. The bond amount shall be computed at the rate of eighteen cents per bushel of licensed storage capacity or six percent of cost of covered commodities purchased from producers, whichever is higher.

(2) For purposes of this section, the cost of covered commodities purchased from producers will include only those commodities purchased during the preceding fiscal year of that dealer.

(3) Grain dealers who purchase less than one hundred thousand dollars annually from producers may petition the director for exemption from the bond requirements. A grain dealer who is granted exemption must:

(a) Pay for the commodity at time of taking possession by:

(i) Coin or currency; or

(ii) Cashier's check; or

(iii) Certified check; or

(iv) Bank draft.

(b) Dealers must maintain a copy of the contract, scale ticket and payment record. All documents must be complete and show the actual date of the transaction. If paid for in coin or currency, a receipt must be issued and signed and dated by the producer.

History

Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-025, filed 10/13/00, effective 11/13/00.

Wash. Admin. Code § 16-237-030 Certificates of deposit, letters of credit, life insurance.

A certificate of deposit, irrevocable letter of credit or assignment on a life insurance policy issued to the department in lieu of a bond shall not be released, canceled or discharged until three years after cancellation of the license unless the department determines that no outstanding claims exist for the subject period.

History

Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-030, filed 10/13/00, effective 11/13/00.

Wash. Admin. Code § 16-237-035 Net worth requirements.

A warehouse operator must maintain an allowable net worth of twenty cents per bushel of licensed space, with a minimum of twenty-five thousand dollars. A dealer must maintain an allowable net worth of four percent of sales of commodities purchased from producers, with a minimum of twenty-five thousand dollars. A warehouse operator who is also a dealer must maintain the higher of these two requirements. For a warehouse operator, any deficiency above the twenty-five thousand dollar minimum must be compensated for by increasing the amount of the warehouse operator's bond by the amount of the deficiency, up to the seven hundred fifty thousand dollar maximum. For a dealer, any deficiency above the twenty-five thousand dollar minimum must be compensated for by increasing the amount of the dealer's bond by the amount of the deficiency regardless of the seven hundred fifty thousand dollar maximum. Warehouse operators and grain dealers must maintain a current asset to current liability ratio of at least point nine to one. Deficiencies must be made up by providing additional bonding in the amount of the deficiency.

History

Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-035, filed 10/13/00, effective 11/13/00.

Wash. Admin. Code § 16-237-040 Financial statement requirements.

Each warehouse operator and dealer shall submit to the department an annual financial statement which shall have been audited or reviewed by a certified or licensed public accountant. The statement must be submitted to the department within four months after the conclusion of the warehouse operator's or dealer's fiscal year. The statement shall include:

(1) A balance sheet.

(2) An income statement which includes annual gross sales of commodities from producers covered under the act.

(3) A statement of changes in financial position.

(4) Footnotes or schedule disclosure of:

(a) The total bushels received annually by commodity.

(b) The amount of each commodity in storage at end of year.

For purposes of this section, commodity refers to those commodities covered under the Washington Warehouse Act, chapter 22.09 RCW.

History

Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-040, filed 10/13/00, effective 11/13/00.

Wash. Admin. Code § 16-237-140 Warehouse operator recordkeeping requirements.

Each warehouse operator shall maintain the following records at a location required by RCW 22.09.340:

(1) A printed daily position record showing by commodity:

(a) The amount received.

(b) The amount shipped.

(d) The amount forwarded to other locations.

(e) The amount in storage.

(f) The amount belonging to depositors.

(g) The amount belonging to the warehouse operator.

(2) A depositor ledger for each depositor showing:

(a) The amount deposited each day by scale ticket number.

(b) The amount transferred to warehouse receipts with the corresponding warehouse receipt number.

(d) The amount purchased and purchase report number.

(e) The amount contracted to purchase and contract number.

(f) The amount delivered back to depositors.

(g) The lot numbers and grade.

(h) Any crop divisions.

(3) Scale tickets. In addition to the requirements in RCW 22.09.010(16), scale tickets must:

(a) Show location where the commodity is deposited.

(b) Show that the commodity is insured for current market value.

(d) Be filed numerically in the main office.

(4) Shipments out of warehouses must be filed by:

(a) Warehouse location; and

(b) Intracompany transfers must be on a prenumbered form and filed numerically by warehouse location.

History

Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-140, filed 10/13/00, effective 11/13/00.

Wash. Admin. Code § 16-237-145 Grain dealer recordkeeping requirements.

Each dealer shall maintain the following records at a location as required by RCW 22.09.340:

(1) Contracts. Contracts issued to producers must:

(a) Be serially numbered.

(b) Clearly indicate the date title passes.

(d) Show the date payment is due.

(e) Indicate the method of adjustment for over and under deliveries.

(f) Show date paid.

(g) Be maintained in numerical sequence by month payment is due for outstanding contracts and completed contracts must be filed numerically.

(2) Delayed price contracts. Delayed price contracts must contain the following information:

(a) Indicate in large type the date title will pass.

(b) Show the method for setting price.

(d) Commodity and quantity contracted.

(3) Purchase reports. Each dealer who purchases commodity from a producer must issue a purchase report to the producer at the time of payment which shall:

(a) Be prenumbered.

(b) Show commodity and quantity purchased.

(d) Show discounts.

(e) Show itemized charges assessed the producer.

(f) Show the check number and date paid with one copy filed numerically.

(4) Producer ledger. Each dealer must maintain a producer ledger showing:

(a) The name of each producer from whom the dealer has purchased an agricultural commodity.

(b) The amount contracted with corresponding contract number.

(d) The purchase voucher number.

(5) Daily position. All grain dealers shall maintain a daily position by commodity in regard to producer purchases showing:

(a) The net buy/sell position.

(b) The amount in pounds, bushels, tons, or hundred weight of delayed price contracts which the producer has not priced.

History

Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-145, filed 10/13/00, effective 11/13/00.

Wash. Admin. Code § 16-237-150 Recordkeeping requirements for warehouse operators storing seed.

Warehouse operators storing treated seed for depositors must maintain, at a minimum, a separate daily position record by class for treated seed that shows the amount in pounds, bushels, or hundred weights owed to depositors.

History

Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-150, filed 10/13/00, effective 11/13/00.

Wash. Admin. Code § 16-237-155 Rates and charges.

Warehouse operators and dealers who receive commodities for storage, handling, or conditioning shall post conspicuously a schedule of all charges, moisture adjustment factors, and disposition and/or ownership of all by-products. A copy of all charges assessed and billed to each depositor shall be itemized and retained in a numerical file.

History

Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-155, filed 10/13/00, effective 11/13/00.

Wash. Admin. Code § 16-237-160 Scales.

All scales used by warehouse operators and dealers must be certified for accuracy annually. Scale testing for certification may be performed by the department or by an approved scale company. When scales are tested by the department a seal shall be placed on the scales. The seal shall be dated and shall indicate approval or rejection. When scales are tested by an approved scale company, a copy of a scale test report shall be forwarded to the department and a copy shall be maintained in the warehouse operator's file.

History

Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-160, filed 10/13/00, effective 11/13/00.

Wash. Admin. Code § 16-237-165 Historical depositor.

Prior to allocating storage space, each warehouse operator shall file a policy statement with the department of agriculture setting forth the criteria that identifies a person as a historical depositor as defined in RCW 22.09.010. Any subsequent changes in this policy shall be filed with the department.

History

Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-165, filed 10/13/00, effective 11/13/00.

Wash. Admin. Code § 16-237-170 Emergency storage situation.

If the director determines that an emergency storage situation exists, a warehouse operator may forward warehouse receipted grain to other licensed warehouses for storage without canceling the depositor's warehouse receipt under the following conditions:

(1) The warehouse operator must:

(a) Obtain written permission from the depositor and/or the holder of the warehouse receipt before the grain is shipped.

(b) Notify the department before the grain is shipped.

(d) Be back in compliance with the requirements described in RCW 22.09.250 within 120 days from the date of the first grain shipment.

(2) An extension of the 120-day requirement in subsection (1)(d) of this section may be granted for government owned commodities.

History

Statutory Authority: RCW 22.09.020 and 43.01.160. WSR 24-22-041, s 16-237-170, filed 10/28/24, effective 11/28/24. Statutory Authority: 2003 c 13, RCW 22.09.020(13) and chapter 34.05 RCW. WSR 03-19-013, § 16-237-170, filed 9/5/03, effective 10/6/03. Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-170, filed 10/13/00, effective 11/13/00.

Wash. Admin. Code § 16-237-175 Outside storage.

(1) Grain may be stored outside the warehouse operator's permanent enclosed storage space only under the following conditions:

(a) The warehouse operator has insufficient permanent enclosed storage space to handle commodities for the current license year.

(b) Outside storage shall be on ground properly crowned and groomed to provide adequate drainage. Prior to its use, the storage space shall be approved by the department.

(c) Outside storage not filled through the warehouse operator's permanent enclosed storage facility shall have a separate letter designation and license fee.

(d) Outside storage must be free of contact with any building or elevator after October 15th of each year.

(e) The warehouse operator shall maintain a net worth of twenty-five cents per bushel in addition to the net worth requirements of WAC 16-237-035.

(2) Uncovered and/or nonaerated outside storage must be moved to a covered licensed storage facility by October 31st. A warehouse operator may submit a written request to the department for a thirty-day extension. The request for extension shall indicate the amount and condition of the commodity for which the extension is requested along with other information that may be necessary to assist the department in the evaluation of the request. This request must be received by October 15th. The request will be granted upon satisfying the following conditions:

(a) That the amount of outside storage does not exceed fifty-percent of the warehouse operator's license permanent enclosed storage space.

(b) The warehouse operator maintains a total net worth of seventy-five cents per bushel for uncovered outside storage in addition to the net worth requirements of WAC 16-237-035.

(3) Licensed outside piles that have been covered and aerated prior to November 1 may be relicensed for the next license period provided that the warehouse operator samples each pile and submits the samples for grading.

(a) A sufficient number of samples that is representative of the entire pile shall be drawn, at a minimum, one sample for every ten thousand bushels in each outside pile and submitted for grading by June 1st. Samples are required to be graded using the grades and standards established by the United States Department of Agriculture.

(b) The results of the grading must be made available to the department within ten days of receipt of the grades.

(c) The department may deem that the requirements of this subsection have been met if outside storage samples are drawn and graded under the requirements of a United States Department of Agriculture Uniform Grain and Rice Storage Agreement and those certificates are provided to the department.

(d) If the average of the grades of the samples falls two grades below the average of the grades when the commodity was placed in the outside pile, the pile will not be approved for relicensing. Unless otherwise documented, "average grade" is considered to be U.S. No. 1.

History

Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-175, filed 10/13/00, effective 11/13/00.

Wash. Admin. Code § 16-237-180 Warehouse license expiration and late renewal penalty.

(1) Warehouse licenses issued under RCW 22.09.070 shall expire on June 30th after the date of issuance.

(2) If the application for renewal of a warehouse license(s) is not received by the department prior to June 30th of any year a penalty shall be assessed as provided by RCW 22.09.050.

(3) Subsequent to the expiration of a license, nothing herein shall be construed to limit the department's ability to enforce applicable laws as provided by chapter 22.09 RCW.

History

Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-180, filed 10/13/00, effective 11/13/00.

Wash. Admin. Code § 16-237-185 Grain dealer license expiration and late renewal penalty.

(1) Grain dealer license issued under RCW 22.09.075 shall expire on June 30th after the date of issuance.

(2) If the application for renewal of a grain dealer license is not received by the department prior to June 30th of any year, a penalty shall be assessed as provided by RCW 22.09.055.

(3) Subsequent to the expiration of a license, nothing herein shall be construed to limit the department's ability to enforce applicable laws as provided by chapter 22.09 RCW.

History

Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-185, filed 10/13/00, effective 11/13/00.

Wash. Admin. Code § 16-237-190 Inventory requirements.

A warehouse not licensed prior to July 1, 1983, must meet the following requirements:

(1) Tanks and stices over two hundred bushels per foot must have inventory holes situated in such a manner as to allow the measurement of the high and low points of the commodity.

(2) Conventional flat storage must have an overhead catwalk with a minimum of five feet of headroom.

History

Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-190, filed 10/13/00, effective 11/13/00.

Wash. Admin. Code § 16-237-195 Fees for warehouse audit and related services.

The following fees apply to the following services:

(1) For year-end inventories requested by a warehouse operator, the department charges twenty percent of the warehouse license fee with a minimum fee of four hundred dollars.

(2)(a) The hourly rate for all other services performed by the warehouse audit program at the request of warehouse operators, grain dealers and/or other government agencies is $56.00 per hour.

(b) These services include, but are not limited to, technical assisted audits of records and inventory, observation of sampling of commodities, collection of samples for the Karnal Bunt Survey, and remeasurement of commodities and storage bins.

(3) In addition to the hourly rate established in subsection (2)(a) of this section, the department assesses appropriate charges for overtime, mileage, meals, and lodging expenses incurred by department personnel when providing the types of services identified in subsection (2)(b) of this section.

History

Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-21-063, § 16-237-195, filed 10/17/12, effective 11/17/12. Statutory Authority: 2003 1st sp.s. c 25 and chapters 22.09 and 34.05 RCW. WSR 05-07-080, § 16-237-195, filed 3/15/05, effective 4/15/05. Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-195, filed 10/13/00, effective 11/13/00.

Wash. Admin. Code § 16-237-200 Printing by private printer—When.

The department of agriculture will allow warehouse operators to have their negotiable warehouse receipts printed by a private printer only when the state printer cannot supply said receipts within a reasonable time in the form requested and at a competitive price as determined by the director.

History

Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-200, filed 10/13/00, effective 11/13/00.

Wash. Admin. Code § 16-237-205 Bond requirements for the use of outside printers.

Warehouse operators who require receipts as set forth in WAC 16-234-010 shall apply to the director and furnish the following:

(1) A bond for one thousand dollars as provided for in RCW 22.09.300.

(2) Complete the department's "requisition for negotiable warehouse receipts" form, and forward to the department for both approval and forwarding to said private printer.

History

Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-205, filed 10/13/00, effective 11/13/00.

Wash. Admin. Code § 16-237-210 Completion of printing.

Upon receipt of a completed "requisition for negotiable warehouse receipts" form, the private printer shall print the authorized negotiable warehouse receipts, and upon completion of printing notify the department, by use of the "affidavit of printer" form, the number of negotiable warehouse receipts printed and the inclusive numbers as specified.

History

Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-210, filed 10/13/00, effective 11/13/00.

Chapter 16-240 WSDA grain inspection program—Definitions, standards, and fees.

Wash. Admin. Code § 16-240-010 Definitions.

"Business day" means Monday through Friday, excluding state holidays.

"AMS, FGIS" means the United States Department of Agriculture, Agricultural Marketing Service, Federal Grain Inspection Service.

"Department" means the Washington state department of agriculture.

"Federal fiscal year" means October 1st through September 30th for USDA, AMS, FGIS.

"Fee" means any charge made by the department for:

(1) Inspecting and handling any commodity; or

(2) Any service related to weighing or storing grains or commodities.

"Fiscal year" means July 1st through June 30th for the state of Washington.

"Metric ton" means two thousand two hundred four and six-tenths pounds.

"Minimum operating fund balance" or "MOFB" means six months of grain inspection program operating expenses to ensure stable service delivery, meet future needs, and protect against financial instability. The factors that the department considers when setting the annual MOFB under WAC 16-240-043 include the projected program staff salary and benefits; costs of the program's goods and services, including transportation; costs associated with the department's administrative support of the program; and any additional costs associated with program oversight by USDA/FGIS.

"Official commercial inspection services" means a contractual agreement between the applicant and the department for services specified by the applicant that will be provided at an applicant's facility.

"Revenue minimum" means the amount of revenue that must be collected by the department to offset expenses. In order to act as an official inspection agency under the United States Grain Standards Act and the Agricultural Marketing Act of 1946, the program must collect revenue to offset expenses. The grain inspection program is supported entirely by the fees it generates from the services it provides as required by RCW 22.09.790. The circumstances under which charges occur to collect the revenue minimum are stated in WAC 16-240-038.

"Service point" means the Washington state department of agriculture offices and surrounding service areas authorized by the Federal Grain Inspection Service to provide sampling, inspecting, weighing, and certification services.

"Shift" means an established period of staffing for up to twelve hours at transloading facilities or up to eight hours at export port or domestic service point locations. Service requests in excess of the established period would require requesting an additional shift. Any work beyond the established shift period constitutes an additional shift.

"Unstaffed export locations" means a facility that does not have a permanent staffing request in place for day, night, swing, or graveyard shifts.

"USDA" means the United States Department of Agriculture.

History

Statutory Authority: RCW 22.09.020. WSR 22-05-011, § 16-240-010, filed 2/4/22, effective 3/7/22. Statutory Authority: RCW 22.09.020 and chapter 34.05 RCW. WSR 17-19-051, § 16-240-010, filed 9/13/17, effective 10/14/17
WSR 16-12-076, § 16-240-010, filed 5/27/16, effective 7/1/16. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-21-064, § 16-240-010, filed 10/17/12, effective 11/17/12. Statutory Authority: 2003 1st sp.s. c 25 § 309(2)
RCW 22.09.790, chapter 34.05 RCW and The United States Department of Agriculture has oversight of fees charged under the Federal Grain Inspection, Packers and Stockyards Administration. WSR 05-11-058, § 16-240-010, filed 5/17/05, effective 6/17/05.

Wash. Admin. Code § 16-240-020 Washington state grain and commodity service points.

The offices located in the following cities are service points for providing sampling, inspecting, weighing, and certification services.

(1) Service points:

(a) Colfax.

(b) Kalama (North).

(d) Longview.

(e) Olympia.

(f) Quincy.

(g) Seattle.

(h) Spokane.

(i) Tacoma.

(j) Vancouver.

(2) Aberdeen has been delegated to Washington state as a service point by the Federal Grain Inspection Service. Services for Aberdeen are as follows:

(a) Services for Aberdeen may be requested through the Tacoma grain inspection office.

(b) Travel time and mileage will be charged from Tacoma to Aberdeen for all services requested at Aberdeen until a permanent staff is established.

(3) Inspection points may be added or deleted within the department's delegated and designated service area.

History

Statutory Authority: RCW 22.90.020 [ 22.09.020] and 22.09.790. WSR 24-15-065, § 16-240-020, filed 7/17/24, effective 8/17/24. Statutory Authority: RCW 22.09.020 and chapter 34.05 RCW. WSR 17-19-051, § 16-240-020, filed 9/13/17, effective 10/14/17
WSR 16-12-076, § 16-240-020, filed 5/27/16, effective 7/1/16. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-21-064, § 16-240-020, filed 10/17/12, effective 11/17/12. Statutory Authority: 2003 1st sp.s. c 25 § 309(2)
RCW 22.09.790, chapter 34.05 RCW and The United States Department of Agriculture has oversight of fees charged under the Federal Grain Inspection, Packers and Stockyards Administration. WSR 05-11-058, § 16-240-020, filed 5/17/05, effective 6/17/05.

Wash. Admin. Code § 16-240-030 Commodities covered by chapter 22.09 RCW.

Commodities covered under chapter 22.09 RCW and this chapter with respect to sampling, inspection, weighing, and quality or constituent determinations include all:

(1) Grains with standards or inspection criteria established under the United States Grain Standards Act;

(2) Commodities with standards or inspection criteria established under the Agricultural Marketing Act;

(3) Commodities with standards or inspection criteria established under Washington state standards; and

(4) By-products resulting from conditioning or processing the grains and commodities listed in this section.

History

Statutory Authority: 2003 1st sp.s. c 25 § 309(2)
RCW 22.09.790, chapter 34.05 RCW and The United States Department of Agriculture has oversight of fees charged under the Federal Grain Inspection, Packers and Stockyards Administration. WSR 05-11-058, § 16-240-030, filed 5/17/05, effective 6/17/05.

Wash. Admin. Code § 16-240-032 Grades and standards adopted by Washington state.

Washington state adopts the following grades and standards:

(1) The grades and standards established by the United States Department of Agriculture from August 1, 1984, and as subsequently amended, that apply to all grains and commodities regulated by this chapter.

(2) The procedures to sample, grade, test and weigh grains and commodities, established by the regulations and instructions under the United States Grain Standards Act and the Agricultural Marketing Act of 1946, and as subsequently amended.

History

Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-21-064, § 16-240-032, filed 10/17/12, effective 11/17/12. Statutory Authority: 2003 1st sp.s. c 25 § 309(2)
RCW 22.09.790, chapter 34.05 RCW and The United States Department of Agriculture has oversight of fees charged under the Federal Grain Inspection, Packers and Stockyards Administration. WSR 05-11-058, § 16-240-032, filed 5/17/05, effective 6/17/05.

Wash. Admin. Code § 16-240-034 Service requests.

An applicant must place a service request in order to ensure staffing:

(1) Service requests must be received by the inspection office by 2:00 p.m. of the last business day before the requested service.

(a) The notification requirement allows the department to secure adequate staffing to supply the requested service and to accommodate leave or adjust staffing for anticipated workloads.

(b) The notification requirement applies even if there is permanent staffing at the location (see WAC 16-240-036).

(2) Service requests beyond the office's usual scope or volume will be provided only if adequate numbers of qualified employees are available.

(3) The department reserves the right to determine the number of personnel necessary to provide the requested service.

History

Statutory Authority: 2003 1st sp.s. c 25 § 309(2)
RCW 22.09.790, chapter 34.05 RCW and The United States Department of Agriculture has oversight of fees charged under the Federal Grain Inspection, Packers and Stockyards Administration. WSR 05-11-058, § 16-240-034, filed 5/17/05, effective 6/17/05.

Wash. Admin. Code § 16-240-036 Permanent contract staffing.

An applicant may request the department to establish permanent staffing on shifts using the application issued by the department:

(1) Requests for permanent staffing must be submitted to the department by July 5th for permanent staffing to be established that year. For FY 2025, the department will accept requests until September 5, 2024.

(a) Requests for permanent contract staffing of any night, swing or graveyard shift will be deemed to include a request for permanent contract staffing of the day shift.

(b) The requested shift(s) will be established if the department has an adequate number of trained personnel and the applicant and the department execute a permanent contract.

(2) When the department is able to staff the permanent night, swing, or graveyard shift(s) requested by the applicant, the overtime rate established under WAC 16-240-048 will be waived for the requested shift(s). Permanent staffing contracts will establish the billing structure for permanent staffing.

(3) Permanent staffing contracts lapse one year from the date that service is to commence under the agreement unless the contract is properly renewed by the applicant by sufficient written notice consistent with the terms of the permanent staffing contract.

(a) Termination requests must be received, in writing, at least 60 days before the termination may be effective, unless the parties mutually agree to an earlier termination date.

(b) Applicants will be charged for any shifts established in the permanent staffing contract until the termination notice period has expired.

History

Statutory Authority: RCW 22.90.020 [ 22.09.020] and 22.09.790. WSR 24-15-065, § 16-240-036, filed 7/17/24, effective 8/17/24. Statutory Authority: RCW 22.09.020 and chapter 34.05 RCW. WSR 17-19-051, § 16-240-036, filed 9/13/17, effective 10/14/17. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-21-064, § 16-240-036, filed 10/17/12, effective 11/17/12. Statutory Authority: 2003 1st sp.s. c 25 § 309(2)
RCW 22.09.790, chapter 34.05 RCW and The United States Department of Agriculture has oversight of fees charged under the Federal Grain Inspection, Packers and Stockyards Administration. WSR 05-11-058, § 16-240-036, filed 5/17/05, effective 6/17/05.

Wash. Admin. Code § 16-240-038 Revenue minimum determination.

The circumstances under which the department adjusts rates to meet the revenue minimum are as follows:

(1) When the daily volume of work at a service location at the established fees does not generate revenue at least equal to the straight time hourly rate per hour, per employee, a sufficient additional amount, calculated by using the straight time hourly rate per hour, per employee, will be added to the established fee amount to meet the revenue minimum, except as provided in subsection (2) of this section.

(2) The daily revenue minimum charge applies only to the Tier 1, Tier 2, and emergency tier metric tonnage rate shown in WAC 16-240-070 (2)(b) at USGSA Table 1 and in WAC 16-240-080 (2)(b) at AMA Table 1. When the Tier 3 rate is in effect (WAC 16-240-043, 16-240-070, and 16-240-080), export locations will not be subject to daily revenue minimum charges during the Tier 3 rate period allowed under WAC 16-240-043.

(3) Work volume daily averaging at export locations will be determined as follows:

(a) When the daily volume of work at a service location at the established fees does not generate revenue equivalent to the straight time hourly rate per hour, per employee, including applicable supervisory and clerical employee hours, according to the staffing needs at the facility, the department will charge an additional fee, except as provided in subsection (2) of this section.

(b) The straight time hourly rate will be charged per hour, per employee.

(4) Work volume monthly averaging at export locations will be determined as follows:

(a) When the applicant has requested the department to establish one or more permanent shifts, the applicant may request, in writing, that the revenue minimum required for staffing at the location be determined based on the completed invoices for the calendar month, instead of paying the fees for daily volume of work.

(b) Under this subsection (4), and except for when the work volume monthly averaging for the revenue minimum is determined under (a) of this subsection, when the monthly volume of work at the established fees does not generate revenue equivalent to the contract/noncontract straight time hourly rate per hour, per employee, including applicable supervisory and clerical employee hours, according to the staffing needs at the facility, a sufficient additional amount, calculated by using the contract/noncontract straight time hourly rate per hour, per employee, will be added to the established fee amount to meet the revenue minimum for each month during which work volume monthly averaging applies. As provided under (e) of this subsection, this revenue minimum adjustment applies only during any month when Tier 1, Tier 2, and emergency tier rates are in effect.

(d) Service cancellation fees under WAC 16-240-054 are not considered to be revenue under monthly averaging.

(e) The monthly revenue minimum charge applies only to the Tier 1, Tier 2, and emergency tier rate shown in USGSA Table 1 under WAC 16-240-070 (2)(b) and AMA Table 1 under WAC 16-240-080 (2)(b) of this schedule. When the Tier 3 rate is in effect, export locations will not be subject to daily revenue minimum charges during the Tier 3 rate period allowed under WAC 16-240-043.

When the department provides services at a nonexport location or a transloading facility, and the hourly, unit, and applicable travel fees do not cover the cost of providing the service, a sufficient additional amount calculated by using the travel straight time hourly rate per hour, per employee, will be added to the established fee amount to meet the revenue minimum.

History

Statutory Authority: RCW 22.90.020 [ 22.09.020] and 22.09.790. WSR 24-15-065, § 16-240-038, filed 7/17/24, effective 8/17/24. Statutory Authority: RCW 22.09.020 and 22.09.790. WSR 22-23-008, § 16-240-038, filed 11/3/22, effective 12/4/22. Statutory Authority: RCW 22.09.020 and chapter 34.05 RCW. WSR 17-19-051, § 16-240-038, filed 9/13/17, effective 10/14/17
WSR 16-12-076, § 16-240-038, filed 5/27/16, effective 7/1/16. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-21-064, § 16-240-038, filed 10/17/12, effective 11/17/12. Statutory Authority: 2003 1st sp.s. c 25 § 309(2)
RCW 22.09.790, chapter 34.05 RCW and The United States Department of Agriculture has oversight of fees charged under the Federal Grain Inspection, Packers and Stockyards Administration. WSR 05-11-058, § 16-240-038, filed 5/17/05, effective 6/17/05.

Wash. Admin. Code § 16-240-039 USDA, AMS, FGIS administrative and supervision fees.

The United States Department of Agriculture (USDA), Agricultural Marketing Service (AMS), Federal Grain Inspection Service (FGIS) charges a per metric ton administrative and supervision fee for export and other grain handled by facilities in the Washington state department of agriculture service area.

(1) FGIS administrative tonnage fees. In addition to all other applicable fees, FGIS administrative tonnage fees for export grain shipments inspected and/or weighed, excluding land carrier shipments to Canada and Mexico, will be assessed at the current per metric ton rate identified in FGIS Directive 9180.74 Service Fees and Billing Codes, Attachment 1. Invoices will identify assessed administrative tonnage fees as separate line items per applicable carrier/unit type.

(2) FGIS supervision fees. In addition to all other applicable fees, FGIS supervision fees for domestic U.S. grain shipments inspected and/or weighed, including land carrier shipments to Canada and Mexico, will be assessed at the current per metric ton rate identified in FGIS Directive 9180.74 Service Fees and Billing Codes, Attachment 2. Invoices will identify assessed supervision fees as separate line items per applicable carrier/unit type.

(3) Commodity cooperative service agreement fees. In addition to all other applicable fees, commodity cooperative service agreement fees for commodity inspection services (pulses, hops, and miscellaneous processed commodities), excluding rice, will be assessed at the current percentage rate identified in FGIS Directive 9180.74 (Service Fees and Billing Codes, Attachment 4.) The assessed fees must exclude travel, mailing expenses, and state and local taxes. Invoices will identify assessed commodity cooperative service agreement fees as separate line items.

(4) AMA rice cooperative service agreement fees. In addition to all other applicable fees, AMA rice cooperative service agreement fees for rice inspection services will be assessed at the current percentage rate identified in FGIS Directive 9180.74 (Service Fees and Billing Codes, Attachment 3.) The assessed fees must exclude travel, mailing expenses, and state and local taxes. Invoices will identify assessed AMA rice cooperative service agreement fees as separate line items.

History

Statutory Authority: RCW 22.09.020 and 22.09.790. WSR 24-03-024, § 16-240-039, filed 1/5/24, effective 2/5/24. Statutory Authority: RCW 22.09.020. WSR 22-05-011, § 16-240-039, filed 2/4/22, effective 3/7/22. Statutory Authority: RCW 22.09.020 and chapter 34.05 RCW. WSR 17-19-051, § 16-240-039, filed 9/13/17, effective 10/14/17
WSR 16-12-076, § 16-240-039, filed 5/27/16, effective 7/1/16.

Wash. Admin. Code § 16-240-040 Official commercial inspection services.

The department may provide on-site official commercial inspection services, at the applicant's request, when all of the following conditions are met:

(1) As applicable under 7 C.F.R. § 800.46, appropriate space and security must be provided by the applicant.

(2) The applicant must provide a written document fully describing the services requested so the department can determine appropriate staffing levels and develop a guarantee of expenses proposal.

(3) The department must be able to provide appropriate licensed personnel to accomplish the service requested.

(4) An adequate provision for fees is negotiated.

History

Statutory Authority: RCW 22.09.020 and chapter 34.05 RCW. WSR 17-19-051, § 16-240-040, filed 9/13/17, effective 10/14/17
WSR 16-12-076, § 16-240-040, filed 5/27/16, effective 7/1/16. Statutory Authority: 2003 1st sp.s. c 25 § 309(2)
RCW 22.09.790, chapter 34.05 RCW and The United States Department of Agriculture has oversight of fees charged under the Federal Grain Inspection, Packers and Stockyards Administration. WSR 05-11-058, § 16-240-040, filed 5/17/05, effective 6/17/05.

Wash. Admin. Code § 16-240-042 Payment of fees and charges.

(1) All department fees and charges for services rendered are due within thirty days of the statement date. Interest at the rate of one percent per month, or fraction thereof, shall accrue on any balance owed after thirty days of the statement date.

(2) If the department does not receive payment within thirty days:

(a) The department may withhold services until the delinquent account is paid; and

(b) The department may require the customer to prepay for subsequent services.

History

Statutory Authority: RCW 22.09.020 and chapter 34.05 RCW. WSR 17-19-051, § 16-240-042, filed 9/13/17, effective 10/14/17. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-21-064, § 16-240-042, filed 10/17/12, effective 11/17/12. Statutory Authority: 2003 1st sp.s. c 25 § 309(2)
RCW 22.09.790, chapter 34.05 RCW and The United States Department of Agriculture has oversight of fees charged under the Federal Grain Inspection, Packers and Stockyards Administration. WSR 05-11-058, § 16-240-042, filed 5/17/05, effective 6/17/05.

Wash. Admin. Code § 16-240-043 Minimum operating fund balance fee adjustment.

The department shall establish the minimum operating fund balance amount on the first business day of July each year.

(1) At the time the minimum operating fund balance amount is established, if the fund balance is above the new minimum operating fund balance amount by at least 10 percent, the metric ton vessel rate and the approved automated weighing system rate per metric ton under WAC 16-240-070 (2)(b) at USGSA Table 1 shall be the next lower tier rate beginning August 1st of that year, and the metric ton vessel rate and the approved automated weighing systems rate per metric ton under WAC 16-240-080 (2)(b) at AMA Table 1 shall be the next lower tier rate beginning August 1st of that year.

(2) At the time the minimum operating fund balance amount is established, if the fund balance is below the new minimum operating fund balance by at least 10 percent, the metric ton vessel rate and the approved automated weighing systems rate per metric ton under WAC 16-240-070 (2)(b) at USGSA Table 1 shall be the next higher tier rate beginning August 1st of that year, and the metric ton vessel rate and the approved automated weighing systems rate per metric ton under WAC 16-240-080 (2)(b) at AMA Table 1 shall be the next higher tier rate beginning August 1st of that year.

(3) If after three months at the Tier 2 rate the fund balance is not reduced to or projected by the department to achieve reduction to the minimum operating fund balance within the following six months, the metric ton vessel rate and approved automated weighing system rate per metric ton under WAC 16-240-070 (2)(b) at USGSA Table 1 shall be the Tier 3 rate beginning the first day of the following month, and the metric ton vessel rate and the approved automated weighing systems rate per metric ton under WAC 16-240-080 (2)(b) at AMA Table 1 shall be the Tier 3 rate beginning the first day of the following month.

(4) In the event that the fund balance drops below one-half of the determined six-month operating fund balance any time during the fiscal year, the Emergency Tier (EM) and Automated Emergency Tier (AEM) will be implemented the 1st of the following month. When the fund balance returns to the determined six-month operating fund balance, Tier 2 will be implemented on the first of the following month.

(5) The department may review the status of the minimum operating fund balance any month during each fiscal year. On the first business day of the month following such review, if the fund balance is above the minimum operating balance by at least 10 percent, the next lower tier rate under this section shall apply. If the fund balance is below the minimum operating fund balance by at least 10 percent, the next higher tier rate under this section shall apply. Any change in the rates required under this subsection shall take effect beginning the first day of the following month. The department shall give notice of any rate change as provided under subsection (6) of this section.

(6) The department shall post notice of each year's current minimum operating fund balance amount on the department's website within three business days of the date in July when that amount is established under this section.

(7) The department shall post notice of the rates established under subsections (1) through (5) of this section on the department's website within three business days of the date the department determines the rates. The posted notice shall identify the rate for each affected category of service and the date each rate takes effect. Notice is not required to be posted when an established rate does not change following review under this section.

(8) By email or other means, the department may provide optional additional notice to current customers and to any other interested persons of the minimum operating fund balance established under this section and notice of any rates established or changed under subsections (1) through (5) of this section. Such optional additional notice should be given within the same times as the required notices under subsections (6) and (7) of this section. This subsection (8) shall not affect the validity of any rates established or changed under this section.

History

Statutory Authority: RCW 22.90.020 [ 22.09.020] and 22.09.790. WSR 24-15-065, § 16-240-043, filed 7/17/24, effective 8/17/24. Statutory Authority: RCW 22.09.020 and chapter 34.05 RCW. WSR 17-19-051, § 16-240-043, filed 9/13/17, effective 10/14/17
WSR 16-12-076, § 16-240-043, filed 5/27/16, effective 7/1/16. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-21-064, § 16-240-043, filed 10/17/12, effective 11/17/12.

Wash. Admin. Code § 16-240-044 USDA, AMS, FGIS scale authorization.

The United States Department of Agriculture, Agricultural Marketing Service, Federal Grain Inspection Service (USDA, AMS, FGIS) has delegated official scale testing and scale authorization authority to the department.

(1) The USDA, AMS, FGIS scale authorization fee established in WAC 16-240-060, per hour, per employee is charged when USDA, AMS, FGIS scale authorization services are performed.

(2) In addition to the hourly USDA, AMS, FGIS scale authorization fee; the department may charge travel time at the scale authorization hourly rate, mileage beyond 10 miles from the scale specialist's assigned office location, per diem, or overtime, if applicable.

(3) All scales in Washington state under USDA, AMS, FGIS jurisdiction must comply with the following testing requirements:

(a) Scales must be tested and certified for accuracy at least twice each year by an authorized Washington state department of agriculture scale specialist or a USDA, AMS, FGIS scale specialist.

(b) When tested by the department or by USDA, AMS, FGIS, a seal must be placed on the scales. This seal must be dated and must indicate approval or rejection.

(i) Forwarded to USDA, AMS, FGIS;

(ii) Maintained by the department; and

(iii) Maintained at the facility where the scale is located.

(4) The scale authorization fee is charged in one-half hour increments.

History

Statutory Authority: RCW 22.09.020. WSR 22-05-011, § 16-240-044, filed 2/4/22, effective 3/7/22. Statutory Authority: RCW 22.09.020 and chapter 34.05 RCW. WSR 17-19-051, § 16-240-044, filed 9/13/17, effective 10/14/17
WSR 16-12-076, § 16-240-044, filed 5/27/16, effective 7/1/16. Statutory Authority: 2003 1st sp.s. c 25 § 309(2)
RCW 22.09.790, chapter 34.05 RCW and The United States Department of Agriculture has oversight of fees charged under the Federal Grain Inspection, Packers and Stockyards Administration. WSR 05-11-058, § 16-240-044, filed 5/17/05, effective 6/17/05.

Wash. Admin. Code § 16-240-046 Straight time rate.

The department will charge the straight time hourly rate per hour, per employee, including applicable supervisory and clerical employee hours, as cited below.

(1) An hourly rate is specified in the schedule of fees adopted under this chapter.

(2) No other straight time hourly rate is established in the schedule of fees under this chapter.

(3) The revenue minimum under WAC 16-240-038 may apply.

(4) No contractual agreement supersedes the straight time rate other than for official commercial inspection services provided under WAC 16-240-040.

(5) The straight time hourly rate is charged in one-half hour increments.

History

Statutory Authority: RCW 22.09.020 and chapter 34.05 RCW. WSR 17-19-051, § 16-240-046, filed 9/13/17, effective 10/14/17
WSR 16-12-076, § 16-240-046, filed 5/27/16, effective 7/1/16. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-21-064, § 16-240-046, filed 10/17/12, effective 11/17/12. Statutory Authority: 2003 1st sp.s. c 25 § 309(2)
RCW 22.09.790, chapter 34.05 RCW and The United States Department of Agriculture has oversight of fees charged under the Federal Grain Inspection, Packers and Stockyards Administration. WSR 05-11-058, § 16-240-046, filed 5/17/05, effective 6/17/05.

Wash. Admin. Code § 16-240-048 Rates for working outside established business hours (overtime).

In addition to regular inspection and weighing fees and any applicable hourly rate, the department will charge the overtime rate per hour, per employee, including applicable supervisory and clerical employee hours, when a service is requested:

(1) Anytime on Saturdays, Sundays, or holidays.

(2) Before or after regularly scheduled office hours, Monday through Friday, except as provided in WAC 16-240-036 for an established permanent staffing contract.

(3) During established meal periods on any shift.

(4) For services requested at unstaffed export locations.

(5) Overtime is charged in one-half hour increments.

History

Statutory Authority: RCW 22.90.020 [ 22.09.020] and 22.09.790. WSR 24-15-065, § 16-240-048, filed 7/17/24, effective 8/17/24. Statutory Authority: RCW 22.09.020 and chapter 34.05 RCW. WSR 17-19-051, § 16-240-048, filed 9/13/17, effective 10/14/17
WSR 16-12-076, § 16-240-048, filed 5/27/16, effective 7/1/16. Statutory Authority: 2003 1st sp.s. c 25 § 309(2)
RCW 22.09.790, chapter 34.05 RCW and The United States Department of Agriculture has oversight of fees charged under the Federal Grain Inspection, Packers and Stockyards Administration. WSR 05-11-058, § 16-240-048, filed 5/17/05, effective 6/17/05.

Wash. Admin. Code § 16-240-050 Calculating travel time, mileage and per diem.

The rules for charging travel time, mileage, and per diem are as follows:

(1) Travel time: When department personnel perform services at locations other than service points, the applicant, in addition to the fee for the service performed, must pay the department for travel time as follows:

(a) Travel time for each department employee from the established service location to the inspection point and return at the hourly rates in effect at the time the service is performed; except

(b) Travel time for scale authorization is charged from the scale specialist's assigned office location to the scale location and return at the hourly scale authorization rate shown in WAC 16-240-060, USGSA—AMA—WSDA Table 1.

(2) Mileage: Mileage will be charged to inspection locations beyond ten miles from a service point location. Mileage will be charged from the service point location to the inspection point and return.

(a) For scale authorization services on scales located beyond ten miles from the scale specialist's assigned office location, mileage will be charged from the scale specialist's assigned office location to the scale location and return.

(b) Mileage will be prorated among applicants when multiple service stops can be scheduled during a single service trip.

(c) The mileage rate is charged according to the state of Washington office of financial management private vehicle mileage reimbursement rate in effect at the time the service is performed.

(3) Per diem: Per diem may be charged when an employee is required to travel to provide services. The charge will be at the rate established by the state of Washington office of financial management that is in effect at the time the service is performed.

History

Statutory Authority: RCW 22.09.020 and chapter 34.05 RCW. WSR 17-19-051, § 16-240-050, filed 9/13/17, effective 10/14/17. Statutory Authority: 2003 1st sp.s. c 25 § 309(2)
RCW 22.09.790, chapter 34.05 RCW and The United States Department of Agriculture has oversight of fees charged under the Federal Grain Inspection, Packers and Stockyards Administration. WSR 05-11-058, § 16-240-050, filed 5/17/05, effective 6/17/05.

Wash. Admin. Code § 16-240-052 Fees for stowage examination.

(1) The following rules apply for fees for stowage examination services on vessels or ocean-going barges.

(a) At anchor stowage examination services will be conducted at the convenience of the designated grain inspection office during daylight hours under safe working and weather conditions.

(b) The applicant is responsible for securing licensed tug or water taxi to provide safe transportation to and from the anchor point.

(c) Two vessel or ship's agent representatives will accompany each WSDA inspector performing stowage examination services.

(d) In addition to the fee in USGSA Table 8 under WAC 16-240-070 (2)(b), the department may charge, as applicable, the following fees:

• WAC 16-240-048 (rates outside of established business hours);

• WAC 16-240-050 (travel, mileage beyond ten miles, per diem);

• WAC 16-240-054 (service cancellation fee).

(2) The following rules apply for fees for other stowage examination services:

(a) Fees for stowage examination services will not be charged when official sampling and inspection occurs at the time of loading or when official check loading is performed, unless the applicant requests an official stowage examination certificate.

(b) The stowage examination requirement associated with service at the time of loading may be waived in accordance with USDA, AMS, FGIS Directive 9020.1, available from United States Department of Agriculture, Agricultural Marketing Service, Federal Grain Inspection Service.

History

Statutory Authority: RCW 22.09.020. WSR 22-05-011, § 16-240-052, filed 2/4/22, effective 3/7/22. Statutory Authority: RCW 22.09.020 and chapter 34.05 RCW. WSR 17-19-051, § 16-240-052, filed 9/13/17, effective 10/14/17. Statutory Authority: 2003 1st sp.s. c 25 § 309(2)
RCW 22.09.790, chapter 34.05 RCW and The United States Department of Agriculture has oversight of fees charged under the Federal Grain Inspection, Packers and Stockyards Administration. WSR 05-11-058, § 16-240-052, filed 5/17/05, effective 6/17/05.

Wash. Admin. Code § 16-240-054 Service cancellation fee.

A service cancellation fee applies when service is requested and then canceled.

(1) When an applicant requests a shift to provide service before or after the inspection office's established hours, a cancellation fee applies as follows:

(a) When a service is requested before or after an office's standard Monday through Friday shifts, or anytime on Saturdays, Sundays, or holidays; and

(b) The requested service is canceled after 2:00 p.m. of the last business day before the requested service; then

(2) When service is requested for a vessel inspection, a cancellation fee applies as follows:

(a) When a vessel inspection is requested and then canceled after 2:00 p.m. of the last business day before the requested service; and

(b) The service cancellation fee will be charged per employee scheduled to inspect the vessel.

(3) When a facility has an approved permanent staffing request letter in place for the day, night, swing, or graveyard shift, the department waives the cancellation fee for the permanently staffed shift.

History

Statutory Authority: RCW 22.09.020 and chapter 34.05 RCW. WSR 17-19-051, § 16-240-054, filed 9/13/17, effective 10/14/17
WSR 16-12-076, § 16-240-054, filed 5/27/16, effective 7/1/16. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-21-064, § 16-240-054, filed 10/17/12, effective 11/17/12. Statutory Authority: 2003 1st sp.s. c 25 § 309(2)
RCW 22.09.790, chapter 34.05 RCW and The United States Department of Agriculture has oversight of fees charged under the Federal Grain Inspection, Packers and Stockyards Administration. WSR 05-11-058, § 16-240-054, filed 5/17/05, effective 6/17/05.

Wash. Admin. Code § 16-240-056 Fees for dedicated staff time.

The department provides administrative and consultation services and related assistance to an applicant for service that is establishing a new facility or renovating an existing facility when those services can be provided within the department's established staffing and normal course of business. When dedicated staff time is required to assist an applicant for service to establish or renovate a facility, the following fees apply.

(1) When dedicated staff time is required by an applicant for service to establish or renovate a facility, the department will charge the applicable hourly rates established in WAC 16-240-060.

(2) When dedicated staff time is required to add automated systems to a facility or to resolve systems installation or operation issues, the department will charge the applicable hourly rates established in WAC 16-240-060.

(3) When dedicated staff time is required, the department will charge the applicable travel fees established in WAC 16-240-050.

History

Statutory Authority: RCW 22.09.020 and chapter 34.05 RCW. WSR 16-12-076, § 16-240-056, filed 5/27/16, effective 7/1/16.

Wash. Admin. Code § 16-240-060 WSDA grain program hourly rates, fees and cancellation fees.

USGSA—AMA—WSDA Table 1 contains fees for USDA, AMS, FGIS scale authorization, contract straight-time hourly rate, noncontract hourly rate, contract overtime hourly rate, noncontract overtime hourly rate, travel hourly rate, and service cancellation fees for services performed under the United States Grain Standards Act, the Agricultural Marketing Act of 1946, and Washington state rule.

USGSA—AMA—WSDA Table 1

WSDA Grain Program Hourly Rates, Fees and Cancellation Fees

| 1. | Scale authorization/travel time fee, per hour, per employee | $56.00 | | --- | --- | --- | | 2. | Straight-time rate/contract rate, per hour, per employee | $75.00 | | 3. | Overtime rate/contract overtime rate established under WAC 16-240-048, per hour, per employee | $37.50 | | 4. | Noncontract rate, per hour, per employee | $150.00 | | 5. | Noncontract overtime rate, per hour, per employee | $75.00 | | 6. | Service cancellation fee, per employee | $300.00 |

History

Statutory Authority: RCW 22.90.020 [ 22.09.020] and 22.09.790. WSR 24-15-065, § 16-240-060, filed 7/17/24, effective 8/17/24. Statutory Authority: RCW 22.09.020. WSR 22-05-011, § 16-240-060, filed 2/4/22, effective 3/7/22. Statutory Authority: RCW 22.09.020 and chapter 34.05 RCW. WSR 17-19-051, § 16-240-060, filed 9/13/17, effective 10/14/17
WSR 16-12-076, § 16-240-060, filed 5/27/16, effective 7/1/16. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-21-064, § 16-240-060, filed 10/17/12, effective 11/17/12. Statutory Authority: 2003 1st sp.s. c 25 § 309(2)
RCW 22.09.790, chapter 34.05 RCW and The United States Department of Agriculture has oversight of fees charged under the Federal Grain Inspection, Packers and Stockyards Administration. WSR 05-11-058, § 16-240-060, filed 5/17/05, effective 6/17/05.

Wash. Admin. Code § 16-240-070 Fees for services under the United States Grain Standards Act.

(1) USGSA Tables 1 through (8) in this section contain fees for official sampling, inspection, weighing services, and fees for other associated services under the United States Grain Standards Act (USGSA). Services available include inspection, sampling, testing, weighing, laboratory analysis, and certification.

(2) Fees that are not otherwise provided for in this chapter for services under the United States Grain Standards Act are described below.

(a) Fees for other services under the United States Grain Standards Act not specifically cited in WAC 16-240-070 are provided at the rates contained in WAC 16-240-080 or 16-240-090 or at the published rates of the laboratory or organization providing the official service or analysis. The program will require the applicant for service to provide advance consent to the rate for any service necessary to be performed at an external laboratory or organization.

(b) An applicant may be required to provide the necessary supplies and equipment when requesting a new or special type of analysis.

USGSA Table 1

Fees for Combination Inspection and Weighing Services

| 1. | In, out, or local, rate for all tiers, per metric ton | $0.300 | | --- | --- | --- | | 2. | Vessels (export and domestic ocean-going), Tier 1 rate, per metric ton | $0.300 | | 3. | Vessels and local (export and domestic ocean-going) with approved automated weighing systems, Tier 1 rate, per metric ton | $0.280 | | Note: For automated weighing systems: | | | | ■ | When approved automated weighing systems are not functioning properly, dedicated staff time may be required at the rates established in WAC 16-240-060. | | | 4. | Vessels and local (export and domestic ocean-going), Tier 2 rate, per metric ton | $0.250 | | 5. | Vessels and local (export and domestic ocean-going) with approved automated weighing systems, Tier 2 rate, per metric ton | $0.230 | | 6. | Vessels and local (export and domestic ocean-going), Tier 3 rate, per metric ton | $0.100 | | 7. | Vessels (export and domestic ocean-going), Emergency Tier rate, per metric ton | $0.400 | | 8. | Vessels (export and domestic ocean-going) with approved automated weighing system, Automated Emergency Tier rate, per metric ton | $0.380 | | 9. | Official ship samples | $7.00 | | Note: For vessels (export and domestic ocean-going): | | | | ■ | The metric ton vessel rate includes all additional factor inspection services required by the load order. All other additional factor inspection services in USGSA Table 1 are charged at the per factor fee. | | | ■ | Stress crack analysis in corn will be charged one-half hour per inspection. | | | ■ | During vessel loading, fees for other tests, such as protein analysis, falling number determinations, or mycotoxin analysis will be charged at the per unit rates included under this chapter. | | | 10. | Trucks or containers, per truck or container | $35.00 | | 11. | Additional nongrade determining factor analysis, per factor | $3.00 |

USGSA Table 2

Fees for Official Sampling and Inspection Without Weighing Services

| 1. | Original or new sample reinspection trucks or containers sampled by approved grain probe, including factor only or sampling only services, per truck or container | $30.00 | | --- | --- | --- | | 2. | Barge sampled by USDA approved mechanical sampler, including factor only or sampling only services, per metric ton | $0.150 | | 3. | Railcars sampled by USDA approved mechanical sampler, including factor only or sampling only services, per railcar | $20.00 | | 4. | Original or new sample reinspection railcars sampled by USDA approved grain probe, applicant assisted, including factor only or sampling only services, per railcar | $20.00 | | 5. | Original or new sample reinspection railcars sampled by USDA approved grain probe, including factor only or sampling only services, per railcar | $40.00 | | Note: The following applies to all fees in this table: | | | | ■ | For barley, determining and certifying of dockage to tenths is included in the fees in USGSA Table 2. | | | ■ | Stress crack analysis in corn will be charged one-half hour per inspection. | | | ■ | Analysis that requires additional equipment or personnel will be provided at the applicable hourly rate under this chapter. | | | ■ | The per railcar rate applies to each railcar included in a batch grade. A batch grade is two or more cars that are combined, at the applicant's request, for a single grade. | | | ■ | FGIS supervision fee will be assessed at current per metric ton rate (WAC 16-240-039). | | | 6. | Inspection of bagged grain, including tote bags, per hundredweight (cwt) | $0.140 | | 7. | Additional nongrade determining factor analysis, per factor | $5.00 |

USGSA Table 3

Fees for Official Class X Weighing Services Without an Inspection of Bulk Grain

| 1. | In, out, or local, per metric ton | $0.250 | | --- | --- | --- | | 2. | Vessels (export and domestic ocean-going), per metric ton | $0.250 | | 3. | Trucks or containers, per weight lot | $20.00 | | 4. | Class Y weighing per railcar | $2.00 | | ■ | FGIS supervision fee will be assessed at current per metric ton rate (WAC 16-240-039). | |

USGSA Table 4

Fees for Inspection of Submitted Samples, Fees for Reinspections Based on Official File Samples and Fees for Additional Factors

| 1. | Submitted samples, including factor-only inspections, per inspection | $15.00 | | --- | --- | --- | | 2. | Reinspections based on official file sample, including factor-only reinspections, per inspection | $15.00 | | 3. | Warehousemen samples | $15.00 | | 4. | Warehousemen reinspection | $15.00 | | 5. | Additional, nongrade determining factor analysis, per factor | $5.00 | | 6. | Stress crack only analysis on corn, per sample | $9.00 | | Note: The following applies to all fees in this table: | | | | ■ | When submitted samples are not of sufficient size to allow for official grade analysis, obtainable factors may be provided, upon request of the applicant, at the submitted sample rates shown above. | | | ■ | For barley, determining and certifying of dockage to tenths is included in the fees in USGSA Table 4. | | | ■ | Stress crack analysis in corn is included in the fees in USGSA Table 4. | | | ■ | Analysis that requires additional equipment or personnel will be provided at the applicable hourly rate under this chapter. | | | ■ | FGIS supervision fee will be assessed at current per metric ton rate (WAC 16-240-039). | |

USGSA Table 5

Fees for Miscellaneous Services

| 1. | Laboratory analysis, at cost | At cost | | --- | --- | --- | | 2. | All other USGSA services not listed in this section, per hour, per employee | $75.00 | | Note: The following applies to all fees in this table: | | | | ■ | On request, shipping arrangements billed directly by shipper to the customer's shipping account may be coordinated by the department. | | | ■ | FGIS supervision fee will be assessed at current per metric ton rate (WAC 16-240-039). | |

USGSA Table 6

Fees for Official Analysis for Protein, Oil, or Other Official Constituents

| Original or reinspection based on file sample, per test | $9.00 | | --- | --- | | Note: The following applies to the fee in USGSA Table 6: | | | ■ | When a reinspection service includes a request for a new sample, the appropriate sampling fee will also be charged. | | ■ | Results for multiple criteria achieved in a single testing operation are provided at the single test rate unless certificated separately. | | ■ | FGIS supervision fee will be assessed at current per metric ton rate (WAC 16-240-039). |

USGSA Table 7

Fees for Testing for the Presence of Mycotoxins Using USDA Approved Methods

| Original, reinspection based on official file sample, or submitted sample, per test | $50.00 | | --- | --- | | Note: The following applies to this table: | | | ■ | When a reinspection service includes a request for a new sample, the appropriate sampling fee to obtain the sample will be charged in addition to the per test fee shown earlier (see WAC 16-240-070, USGSA Table 2). | | ■ | FGIS supervision fee will be assessed at current per metric ton rate (WAC 16-240-039). |

USGSA Table 8

Fees for Stowage Examination Services on Vessels or Ocean-Going Barges and Fees for Other Stowage Examination Services

| 1. | Vessels or ocean-going barges stowage examination, original or reinspection, per request | $650.00 | | --- | --- | --- | | 2. | Other stowage examinations of railcars, trucks, trailers, or containers, original or reinspection, per inspection | $9.00 |

History

Statutory Authority: RCW 22.90.020 [ 22.09.020] and 22.09.790. WSR 24-15-065, § 16-240-070, filed 7/17/24, effective 8/17/24. Statutory Authority: RCW 22.09.020 and 22.09.790. WSR 22-23-008, § 16-240-070, filed 11/3/22, effective 12/4/22. Statutory Authority: RCW 22.09.020 and chapter 34.05 RCW. WSR 17-19-051, § 16-240-070, filed 9/13/17, effective 10/14/17
WSR 16-12-076, § 16-240-070, filed 5/27/16, effective 7/1/16. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-21-064, § 16-240-070, filed 10/17/12, effective 11/17/12. Statutory Authority: 2003 1st sp.s. c 25 § 309(2)
RCW 22.09.790, chapter 34.05 RCW and The United States Department of Agriculture has oversight of fees charged under the Federal Grain Inspection, Packers and Stockyards Administration. WSR 05-11-058, § 16-240-070, filed 5/17/05, effective 6/17/05.

Wash. Admin. Code § 16-240-080 Fees for services under the Agricultural Marketing Act of 1946.

(1) AMA Tables 1 through 5 in this section contain official sampling, inspection, or weighing services and fees for other services under the Agricultural Marketing Act of 1946 (AMA). Services available include inspection, sampling, testing, weighing, laboratory analysis, and certification.

(2) Fees that are not otherwise provided for in this chapter for services under the Agricultural Marketing Act of 1946 are described below.

(a) Fees for other services under the Agricultural Marketing Act of 1946 not contained in WAC 16-240-080 are contained in WAC 16-240-070 or 16-240-090 or at the published rates of the laboratory or organization providing the official service or analysis.

(b) An applicant may be required to provide the necessary supplies or equipment when requesting a new or special type of analysis.

AMA Table 1

Fees for Combination Sampling, Inspection and Weighing Services, and Additional Factors

| 1. | In, out, or local, rate for all tiers, per metric ton | $0.300 | | --- | --- | --- | | 2. | Vessels (export or domestic), Tier 1 rate, per metric ton | $0.300 | | 3. | Vessels and local (export and domestic ocean-going) with approved automated weighing systems, Tier 1 rate, per metric ton | $0.280 | | Note: For automated weighing systems: | | | | ■ | When approved automated weighing systems are not functioning properly, dedicated staff time may be required at the rates established in WAC 16-240-060. | | | 4. | Vessels and local (export and domestic ocean-going), Tier 2 rate, per metric ton | $0.250 | | 5. | Vessels and local (export and domestic ocean-going) with approved automated weighing systems, Tier 2 rate, per metric ton | $0.230 | | 6. | Vessels and local (export and domestic ocean-going), Tier 3 rate, per metric ton | $0.100 | | 7. | Vessels (export and domestic ocean-going), Emergency Tier rate, per metric ton | $0.400 | | 8. | Vessels (export and domestic ocean-going) with approved automated weighing system, Automated Emergency Tier rate, per metric ton | $0.380 | | 9. | Official ship samples | $7.00 | | Note: For vessels (export and domestic ocean-going): | | | | ■ | The metric ton vessel rate includes all additional factor inspection services required by the load order. All other additional factor inspection services in AMA Table 1 are charged at the per factor fee. | | | ■ | During vessel loading, fees for other tests, such as protein analysis, falling number determinations, or mycotoxin analysis will be charged at the per unit rates included under this chapter. | | | 10. | Trucks or containers, per truck or container | $30.00 | | 11. | Additional, nongrade determining factor analysis, per factor | $3.00 | | Note: The following applies to all fees in this table: | | | | ■ | The rates in the above section also apply to services provided under federal criteria inspection instructions, state established standards, or other applicant requested criteria. | | | ■ | Dockage breakdown is included in the basic inspection fee. | | | ■ | The metric ton vessel rate includes all additional factor inspection services required by the load order. All other additional factor inspection services in AMA Table 1 are charged at the per factor fee. | | | ■ | Fees for other tests, such as mycotoxin analysis, provided during vessel loading will be charged at the per unit rates included in this fee schedule. | |

AMA Table 2

Fees for Official Sampling and Inspection Without Weighing Services, and Additional Factors

| 1. | Trucks or containers sampled by USDA approved grain probe, including factor only or sampling only services, per truck or container | $30.00 | | --- | --- | --- | | 2. | Barge sampled by USDA approved mechanical sampler, including factor only or sampling only services, per metric ton | $0.150 | | 3. | Railcars sampled by USDA approved mechanical samplers, including factor only or sampling only services, per railcar | $30.00 | | 4. | Railcars sampled by USDA approved grain probe, including factor only or sampling only services, per railcar | $40.00 | | 5. | Inspection of bagged commodities or tote bags, including factor only or sampling only services, per hundredweight (cwt) | $0.140 | | 6. | Additional, nongrade determining factor analysis, per factor | $5.00 | | Note: The following applies to all fees in this table: | | | | ■ | Dockage breakdown is included in the basic inspection fee. | | | ■ | Analysis for special grade requirements or criteria analysis that requires additional equipment or personnel will be provided at the hourly rate. | | | ■ | The rates shown above also apply to services provided under federal criteria inspection instructions. | |

AMA Table 3

Fees for Official Weighing Services without Inspections

AMA Table 4

Fees for Inspecting Submitted Samples

| 1. | Submitted sample, thresher run or processed, including factor-only inspections, per sample | $24.00 | | --- | --- | --- | | 2. | Additional, nongrade determining factor analysis, per factor | $5.00 | | Note: The following applies to all fees in this table: | | | | ■ | Dockage breakdown is included in the basic inspection fee. | | | ■ | Analysis for special grade requirements or criteria analysis that requires additional equipment or personnel will be provided at the hourly rate. | | | ■ | The rates shown above also apply to inspection services provided under federal criteria inspection instructions. | | | ■ | When the size of a submitted sample is insufficient to perform official grade analysis, factor-only analysis is available on request of the applicant. | |

AMA Table 5

Fees for Miscellaneous Services

| 1. | Falling number determinations, including liquefaction number on request, per determination | $20.00 | | --- | --- | --- | | 2. | Sampling and handling of processed commodities, per hour, per employee | $56.00 | | 3. | Laboratory analysis, at cost | At cost | | Note: The following applies to all fees in this table: | | | | ■ | On request, shipping arrangements billed directly by shipper to the customer's shipping account may be coordinated by the department. | |

History

Statutory Authority: RCW 22.90.020 [ 22.09.020] and 22.09.790. WSR 24-15-065, § 16-240-080, filed 7/17/24, effective 8/17/24. Statutory Authority: RCW 22.09.020 and 22.09.790. WSR 22-23-008, § 16-240-080, filed 11/3/22, effective 12/4/22. Statutory Authority: RCW 22.09.020 and chapter 34.05 RCW. WSR 17-19-051, § 16-240-080, filed 9/13/17, effective 10/14/17
WSR 16-12-076, § 16-240-080, filed 5/27/16, effective 7/1/16. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-21-064, § 16-240-080, filed 10/17/12, effective 11/17/12. Statutory Authority: 2003 1st sp.s. c 25 § 309(2)
RCW 22.09.790, chapter 34.05 RCW and The United States Department of Agriculture has oversight of fees charged under the Federal Grain Inspection, Packers and Stockyards Administration. WSR 05-11-058, § 16-240-080, filed 5/17/05, effective 6/17/05.

Wash. Admin. Code § 16-240-090 Fees for other services performed by WSDA.

(1) WSDA Tables 1 through 3 in this section contain fees for other services performed at the request of the applicant when no USGSA or AMA standards exist. Services available include inspection, sampling, testing, weighing, laboratory analysis, and certification.

(2) Applicant-defined analysis may be available from the department.

(a) Hourly fees for sampling or sample preparation may be charged.

(b) The analysis will be provided at the established hourly rate or may be provided at the cost quoted by the laboratory or organization providing the service or analysis.

(3) Official samples, as defined under 7 C.F.R. 800.75, may be provided upon timely request by an interested party, specifying the number of samples requested. Samples are provided in up to five pound bags and are charged the fee stated in Table 3.

WSDA Table 1

Fees for Inspecting Miscellaneous Agricultural Commodities under Chapter 16-213 WAC

| 1. | Submitted sample, per sample | $15.00 | | --- | --- | --- | | 2. | Railcars, sampled by USDA approved diverter-type mechanical samplers, per car | $20.00 | | 3. | Railcars, sampled by USDA approved grain probe, per car | $40.00 | | 4. | Trucks or containers, sampled by USDA approved grain probe, per truck or container | $30.00 | | Note: The following applies to all fees in this table: | | | | ■ | These rates also apply to inspection services provided under applicant-specified criteria or standards other than USGSA, AMA or WSDA. For example: Millet may be inspected under state of Montana standards, upon applicant request. | |

WSDA Table 2

Fees for Phytosanitary Certification

| 1. | In conjunction with official inspection, per certificate | $55.00 | | --- | --- | --- | | 2. | For phytosanitary certification only, without official inspection, add required sampling time, per hour, per employee | $56.00 |

WSDA Table 3

Fees for Miscellaneous Services

| 1. | Unofficial constituent analysis, per test | $9.00 | | --- | --- | --- | | 2. | Sample pick-up fee, on department established routes, per sample | $1.25 | | 3. | Laboratory analysis, provided at other than WSDA grain inspection program offices, per analysis | At cost | | 4. | Official samples, per bag | $5.00 |

History

Statutory Authority: RCW 22.09.020 and 22.09.790. WSR 22-23-008, § 16-240-090, filed 11/3/22, effective 12/4/22. Statutory Authority: RCW 22.09.020 and chapter 34.05 RCW. WSR 17-19-051, § 16-240-090, filed 9/13/17, effective 10/14/17. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-21-064, § 16-240-090, filed 10/17/12, effective 11/17/12. Statutory Authority: 2003 1st sp.s. c 25 § 309(2)
RCW 22.09.790, chapter 34.05 RCW and The United States Department of Agriculture has oversight of fees charged under the Federal Grain Inspection, Packers and Stockyards Administration. WSR 05-11-058, § 16-240-090, filed 5/17/05, effective 6/17/05.

Chapter 16-250 Commercial feed.

Wash. Admin. Code § 16-250-002 Purpose.

This chapter is pursuant to RCW 15.53.9012 and regulates commercial feed distributed in Washington state for the purpose of uniformity with federal regulations and national consensus codes and ultimately to protect consumers from contaminated, adulterated, or misbranded commercial feed.

History

Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-250-002, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-250-004 Applicability.

(1) This chapter applies to commercial feed as defined in RCW 15.53.901 which includes, but is not limited to, food for beef cattle, dairy cattle, equine, goats and sheep, chickens and turkeys, ducks and geese, fish, rabbits, and swine.

(2) Pet food for dogs (Canis familiaris), cats (Felis catus), and specialty pet food for any animal normally maintained in a household such as, but not limited to, rodents, ornamental birds, ornamental fish, reptiles and amphibians, ferrets, hedgehogs, marsupials, and rabbits not raised for food or fur are regulated under chapter 16-252 WAC.

(3) Processed animal waste as a commercial feed is regulated under chapter 16-256 WAC.

(4) If adulterated under RCW 15.53.902 for some but not all purposes, the following commodities are subject to the requirements of this chapter. If unadulterated, the following commodities are exempt from the requirements of this chapter.

(a) Unmixed whole seeds and physically altered entire unmixed seeds when such seeds are not chemically changed.

(b) Raw meat, hay, loose salt, straw, stover, silage, cobs, husks, and hulls when such commodities are not ground, mixed or blended, or intermixed with other materials.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-250-004, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-250-004, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-250-006 Adoption of federal regulations and national consensus codes—Order of precedence.

(1) Adoption of regulations under the Federal Food, Drug and Cosmetic Act in this chapter is of the version effective January 1, 2025, and 21 U.S.C. 301 et seq., in this chapter is adoption of the version effective January 1, 2025.

(2) Adoption of provisions under the Association of American Feed Control Officials (AAFCO) Official Publication in this chapter is adoption of the provisions in the 2025 edition.

(3) If there is conflict between this chapter, chapter 15.53 RCW, adopted federal regulations, and adopted AAFCO provisions, the conflict must be resolved by giving precedence in the following order:

(a) Adopted federal regulations;

(b) Chapter 15.53 RCW;

(d) Adopted AAFCO provisions.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-250-006, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-250-006, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-250-008 Definitions and terms.

(1) Definitions and terms in this chapter as well as those defined in chapter 15.53 RCW are mostly shown in capitalized letters to indicate they are specifically defined.

(2) The department adopts the Official Feed Terms and the Official Common and Usual Names and Definitions of Feed Ingredients in the AAFCO Official Publication or Common Food Index as referenced in WAC 16-250-064.

(3) In addition, the following definitions apply to this chapter:

(a) "BONA FIDE EXPERIMENTAL FEED" means a feed of which research is being conducted to determine the safety and efficacy to create a new or redefined commercial feed definition as required by WAC 16-250-064 and 16-250-094.

(b) "DEHYDRATED GRASS MEAL" means the aerial portion of a grass plant that is:

(i) Cut before the formation of seed;

(ii) Reasonably free of other crop plants, weeds, and mold;

(iii) Finely ground; and

(iv) Dried by artificial thermal means.

(c) "DISTRESSED COMMERCIAL FEED" means commercial feed in distribution that is no longer available for retail SALE. Examples of acceptable distressed commercial feed include, but are not limited to, torn bags or past its quality SELL-by date.

(d) "GRAIN MIXTURE FEED" means mixed or intermixed whole or physically altered grains that:

(i) Are not chemically altered;

(ii) May or may not contain molasses; and

(iii) Except for molasses, contain no other additives.

(e) "GRASS SEED BY-PRODUCTS MEAL or PELLETS" means a ground product consisting of light and broken seeds, hulls, chaff, straw, and some weed seeds but excluding sand, dirt, and heavy weed seeds.

(f) "GRASS SEED SCREENINGS MEAL or PELLETS" means a product comprised chiefly of hulls obtained from the cleaning of various grass seeds.

(g) "GUARANTEE" means a listing of specified nutrients or nonnutritive substances contained in a commercial feed that the GUARANTOR named on the LABEL warrants.

(h) "GUARANTEED ANALYSIS" means a listing of the minimum and/or maximum concentrations of specified nutrients contained in a commercial feed that the GUARANTOR named on the LABEL warrants. Both minimum and maximum concentrations of specified nutrients contained in a commercial feed are stated on an "as is" basis rather than on a "100 percent moisture free" basis in units specified by this chapter.

(i) "GUARANTOR" means any person whose name appears on the LABEL of a commercial feed, feed such as a manufacturer or distributor, and is responsible for:

(i) Product/LABELING information that is not misleading or misbranded; and

(ii) Compliance with product/LABELING information and all applicable rules and regulation; and

(iii) Licensing the facility that distributes in/into the state.

(j) "INGREDIENT STATEMENT" means a contiguous listing on the LABEL of all ingredients of which the commercial feed is composed.

(k) "LABEL" means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a bulk commercial feed is distributed. This includes statements and promotions on company websites or other internet-based customer interfaces.

(l) "LABELING" means all LABELS and other written, printed, or graphic matter upon a commercial feed or any of its containers or wrappers, or accompanying such commercial feed. This includes statements and promotions on company websites or other internet-based customer interfaces.

(m) "LOT IDENTIFIER" means a unique identifier for each lot, batch or production run that enables the manufacturer to accurately trace the complete manufacturing and distribution history of the product. A LOT IDENTIFIER is an individual lot, batch or production run number, code, date, or other suitable identification applied to the LABEL, container, or package. In the case of bulk feed, the LOT IDENTIFIER is on a LABEL, invoice, or shipping document accompanying the feed.

(n) "NET WEIGHT" means the weight of a commodity excluding any materials, substances, or items not considered to be part of the commodity. Examples of materials, substances, or items not considered to be part of a commodity include, but are not limited to, containers, conveyances, bags, wrappers, packaging materials, LABELS, individual piece coverings, decorative accompaniments, and coupons. (See RCW 19.94.010 (1)(i).)

(o) "NUTRITIONALLY ADEQUATE" or "NUTRITIONALLY SUITABLE" means the commercial feed, when fed according to directions on the LABEL, will meet the nutritional requirements of the class of animals for which the feed was manufactured.

(p) "PEA BRAN" means a product consisting primarily of the various components from a pea splitting operation. PEA BRAN must contain at least 10 percent crude protein and not more than 38 percent crude fiber.

(q) "PEA BY-PRODUCTS MEAL" means a product containing light and broken peas, and offal from pea cleaning, which includes chips, pea powder, pea hulls, and screenings. PEA BY-PRODUCTS MEAL must contain at least 15 percent crude protein and not more than 30 percent crude fiber.

(r) "PEA MEAL" means a pea product resulting from the grinding of whole peas that are reasonably free of other crop seeds, weeds, and mold. PEA MEAL must contain at least 20 percent crude protein and not more than eight percent crude fiber.

(s) "PEA SCREENINGS MEAL" means a product consisting primarily of the various components from the screening and cleaning of peas. PEA SCREENINGS MEAL must contain at least 10 percent crude protein and not more than 38 percent crude fiber.

(t) "PRINCIPAL DISPLAY PANEL" has the same meaning as described in 21 C.F.R. Part 501.1.

(u) "PROHIBITED MAMMALIAN PROTEIN" has the same meaning as described in 21 C.F.R. Part 589.2001.

(v) "QUANTITY STATEMENT" means the part of the LABEL expressing NET WEIGHT (mass), net volume (liquid or dry) or count.

(w) "REPACKAGE" means taking commercial feed from packages (no larger than 100 pounds for dry feed or 55 gallons for liquid feed) and placing it into smaller packages for RESALE.

(x) "RESEARCH" means a methodical investigation into a subject.

(y) "SALVAGE COMMERCIAL FEED" means commercial feed still under control of the original manufacturer and will not be offered for SALE at retail. Examples include, but are not limited to, start-up and over-run product, unpelleted commercial feed, specialty pet food fines, and other products not suitable for packaging for retail sale.

(z) "SELL" or "SALE" means all parts of exchanges concerning commercial feed including, but not limited to, advertising, offering, acceptance, dispensing, giving, delivering, serving, bartering, trading, or other supplying, holding for SALE, and preparing for SALE.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-250-008, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-250-008, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-250-012 LABEL format and LABELING.

(1) The department adopts 21 C.F.R. Part 501 - Animal food LABELING.

(2) Commercial feed, other than customer-formula feed, shall bear the information prescribed in this section on the LABEL of the product and in the following format:

(a) Product name and brand name, if any, as specified in WAC 16-250-014(1).

(b) If a drug is used, LABEL as specified in WAC 16-250-014(4).

(d) GUARANTEED ANALYSIS as specified in WAC 16-250-014(6) and 16-250-036.

(e) Feed ingredients as specified in WAC 16-250-014(7) and 16-250-064.

(f) Directions for use and precautionary statements as specified in WAC 16-250-014(8).

(g) Name and principal mailing address, and phone number of manufacturer or persons responsible for distributing the feed as specified in WAC 16-250-014(9).

(h) QUANTITY STATEMENT as specified in WAC 16-250-014(10).

(3)(a) The information as required in (2)(a),(b),(c) and (h) of this section must appear in its entirety on the PRINCIPAL DISPLAY PANEL.

(b) The information as required in (2)(d),(e),(f) and (g) of this section shall be displayed in a prominent place on the feed tag or LABEL, but not necessarily on the PRINCIPAL DISPLAY PANEL. When a precautionary statement required by WAC 16-250-078 does not appear on the PRINCIPAL DISPLAY PANEL, it must be referenced on the PRINCIPAL DISPLAY PANEL with a statement such as "See back of label for precautions."

(4) None of the information required in this section shall be subordinated or obscured by other statements or designs.

(5) Customer-formula feed shall be accompanied with the information prescribed in this chapter using LABELS, invoice, delivery ticket, or other shipping document bearing the following information:

(a) The name, address, and phone number of the manufacturer;

(b) The name and address of the purchaser;

(d) The customer-formula feed name and brand name, if any; and

(e) The product name and net quantity of each commercial feed and each other ingredient used in the customer-formula feed must be on file at the facility producing the product. These records do not have to be delivered with the customer-formula feed, but they must be:

(i) Kept on file for at least one year after the date of the last distribution;

(ii) Available to the purchaser, the dealer making the distribution, and the department on request; and

(iii) Meet the INGREDIENT STATEMENT requirements in WAC 16-252-064.

(f) The direction for use and precautionary statements as required in WAC 16-250-078 and 16-250-082(1);

(g) If a drug containing product is used:

(i) The purpose of the medication (claim statement);

(ii) The established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with WAC 16-250-036(4); and

(h) The QUANTITY STATEMENT.

(6) There are no LABEL format requirements for customer-formula feed. However, a LABEL, invoice, delivery ticket or other shipping document containing all of the information required in WAC 16-250-012(5) must:

(a) Accompany all deliveries of bulk or packaged customer-formula feed; and

(b) Be given to the purchaser; or

(c) If the purchaser is not present when the customer-formula feed is delivered, the LABEL, invoice, delivery ticket or other shipping document shall be left with the delivered feed in a place predetermined by the purchaser.

(7) All commercial feed must be LABELED with a conspicuous and clearly readable LOT IDENTIFIER sufficient to allow the manufacturer to accurately trace the complete manufacturing and distribution history of the product, but the LOT IDENTIFIER may be separate from the LABEL information required in WAC 16-250-014.

(8) LABELS must state all required LABEL information in English. Commercial feed may be additionally LABELED in other languages if the other language LABELS provide the same information as the English version of the LABEL.

(9) No printed or written material (for example, pictures of animals or birds) of any kind that is misleading, incorrect, or at variance in any respect with the information required on the LABEL shall be attached to, appear on, or distributed with commercial feed.

(10) No LABEL shall contain statements referring to a competitive product or comparing the properties of a packaged feed to those of a competitive product unless the LABEL specifically identifies the competitive product.

(11) No LABEL may contain negative statements about a competitive product unless the director determines that such information is beneficial to the product's purchaser.

(12) A personal or commercial endorsement is permitted on a LABEL provided the endorsement is not false or misleading.

(13) The term "organic" shall not appear on LABELS or shipping documents of any commercial feed unless the feed was produced under conditions that comply with the National Organic Standard for the production and handling of organic products. The National Organic Standard may be obtained from the department, or on the internet at http://www.ams.usda.gov/rules-regulations/organic.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-250-012, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-250-012, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-250-014 Label information.

Commercial feed, other than customer-formula feed, shall be LABELED with the information prescribed in this section.

(1) Product name and brand name, if any.

(a) The brand or product name must be appropriate for the intended use of the feed and must not be misleading. If the name indicates the feed is made for a specific use, the character of the feed must conform therewith. A commercial feed for a particular animal class, must be suitable for that purpose.

(b) Commercial, registered brand or trade names are not permitted in GUARANTEES or ingredient listings and may only be used in the product name of feeds produced by or for the firm holding the rights to such a name.

(c) The name of a commercial feed shall not be derived from one or more ingredients of a mixture to the exclusion of other ingredients and shall not be one representing any components of a mixture unless all components are included in the name: Provided, that if any ingredient or combination of ingredients is intended to impart a distinctive characteristic to the product which is of significance to the purchaser, the name of that ingredient or combination of ingredients may be used as a part of the brand name or product name if the ingredients or combination of ingredients is quantitatively GUARANTEED in the GUARANTEED ANALYSIS, and the brand or product name is not otherwise false or misleading.

(d) The word "protein" shall not be permitted in the product name of a feed that contains added nonprotein nitrogen.

(e) When the name carries a percentage value, it shall be understood to signify protein and/or equivalent protein content only, even though it may not explicitly modify the percentage with the word "protein": Provided, that other percentage values may be permitted if they are followed by the proper description and conform to good LABELING practice. Digital numbers shall not be used in such a manner as to be misleading or confusing to the customer.

(f) Single ingredient feeds shall have a product name in accordance with the designated definition of feed ingredients as recognized by the Association of American Feed Control Officials unless the department designates otherwise.

(g) The word "vitamin," or a contraction thereof, or any word suggesting vitamin can be used only in the name of a feed which is represented to be a vitamin supplement, and which is LABELED with the minimum content of each vitamin declared, as specified in WAC 16-250-036(3).

(h) The term "mineralized" shall not be used in the name of a feed except for "TRACE MINERALIZED SALT." When so used, the product must contain significant amounts of trace minerals which are recognized as essential for animal nutrition.

(i) The term "meat" and "meat by-products" shall be qualified to designate the animal from which the meat and meat by-products is derived unless the meat and meat by-products are made from cattle, swine, sheep and/or goats.

(j) If the commercial feed consists of raw milk, the words, "Raw (blank) Milk" shall appear conspicuously on the PRINCIPAL DISPLAY PANEL. (Blank is to be completed by using the species of animal from which the raw milk is collected.)

(2) Commercial feed must be considered a distinct brand if it differs in GUARANTEED ANALYSIS, trademark name, or any other characteristic method of marking. However, this requirement does not prevent a brand from being distributed in various physical forms.

(3) If the brand name contains either a percentage value that signifies crude protein or the word "protein," then the feed must contain no more than one and one-quarter percent nonprotein nitrogen.

(4) If a drug is used, the following shall appear on the LABEL:

(a) The word "medicated" directly following and below the product name in a type size no smaller than one-half the type size of the product name.

(b) Purpose statement as required in subsection (5) of this section.

(d) An active INGREDIENT STATEMENT listing the active drug ingredients by their established name and the amounts in accordance with WAC 16-250-036(4).

(5) Purpose statement:

(a) The purpose statement shall contain the specific species and animal class(es) for which the feed is intended as defined in subsection (6) of this section.

(b) The manufacturer shall have flexibility in describing in more specific and common language the defined animal class, species and purpose while being consistent with the category of animal class defined in subsection (6) of this section which may include, but is not limited to, weight range(s), sex, or ages of the animal(s) for which the feed is manufactured.

(c) The purpose statement may be excluded from the LABEL if the product name includes a description of the species and animal class(es) for which the product is intended.

(d) The purpose statement of a premix for the manufacture of feed may exclude the animal class and species and state "For Further Manufacture of Feed" if the nutrients contained in the premix are GUARANTEED and sufficient for formulation into various animal species feeds and premix specifications are provided by the end user of the premix. This section is applicable to commercial feeds regulated under subsection (6)(k) of this section.

(e) The purpose statement of a single purpose ingredient blend, such as a blend of animal protein products, milk products, fat products, roughage products or molasses products may exclude the animal class and species and state "For Further Manufacture of Feed" if the LABEL GUARANTEES of the nutrients contained in the single purpose nutrient blend are sufficient to provide for formulation into various animal species feeds. This section is applicable to commercial feeds regulated under subsection (6)(k) of this section.

(f) The purpose statement of a product shall include a statement of enzyme functionality if enzymatic activity is represented in any manner.

(g) The purpose statement for single ingredient feeds shall be stated as "Single Ingredient Feed" or "Feed Ingredient." The manufacturer of a single ingredient feed or feed ingredient shall have flexibility in describing in more specific and common language the intended use of the feed ingredient dependent on species and class.

(h) The purpose statement of a feed intended as a treat for a designated species (exclusive of pets and specialty pets) shall include the words "treat" or "snack" and the intended species conspicuously on the PRINCIPAL DISPLAY PANEL.

(6) GUARANTEES - Crude protein, equivalent crude protein from nonprotein nitrogen, amino acids, crude fat, crude fiber, acid detergent fiber, neutral detergent fiber, calcium, phosphorus, salt and sodium shall be the sequence of nutritional GUARANTEES when such GUARANTEE is stated. Other required and voluntary GUARANTEES should follow in a general format such that the units of measure used to express GUARANTEES (percentage, parts per million, International Units, etc.) are listed in a sequence that provides a consistent grouping of the units of measure. Individual nutrient GUARANTEES are not required if listed as exempt in (l) of this subsection.

(a) Required GUARANTEES for swine formula feeds.

(i) Animal classes:

| Swine | | | --- | --- | | Class | Approximate Size | | Prestarter | 2 to 11 pounds | | Starter | 11 to 44 pounds | | Grower | 44 to 110 pounds | | Finisher | 110 pounds to market weight | | Gilts, sows and adult boars | None specified | | Lactating gilts and sows | None specified |

(ii) GUARANTEED ANALYSIS for swine complete feeds and supplements (all animal classes) must include the following nutrients on the LABEL in the order listed below:

| Swine Complete Feeds and Supplements | | | --- | --- | | Nutrients | | | • | Minimum percentage of crude protein; | | • | Minimum percentage of lysine; | | • | Minimum percentage of crude fat; | | • | Maximum percentage of crude fiber; | | • | Minimum and maximum percentage of calcium; | | • | Minimum percentage of phosphorus; | | • | Minimum and maximum percentage of salt (if added); | | • | Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee; | | • | Minimum selenium in parts per million (ppm). |

(b) Required GUARANTEES for formula poultry feeds (broilers, layers and turkeys).

(i) Animal classes:

| Layers (chickens that are grown to produce eggs for food, e.g., table eggs) | | | --- | --- | | Classes | Approximate Age | | Starting/growing | From day of hatch to approximately 10 weeks of age. | | Finisher | From approximately 10 weeks of age to time first egg is produced. (Approximately 20 weeks of age). | | Laying | From time first egg is laid throughout the time of egg production. | | Breeders (chickens that produce fertile eggs for hatch replacement layers to produce eggs for food, table eggs) | From time first egg is laid throughout their productive cycle. |

| Broilers (chickens that are grown for human food) | | | --- | --- | | Classes | Approximate Age | | Starting/growing | From day of hatch to approximately 5 weeks of age. | | Finisher | From approximately 5 weeks of age to market, (42 to 52 days). | | Breeders (hybrid strains of chickens whose offspring are grown for human food - Broilers) | Any age and either sex. |

| Broiler, Breeders (chickens whose offspring are grown for human food) | | | --- | --- | | Classes | Approximate Age | | Starting/growing | From day of hatch until approximately 10 weeks of age. | | Finishing | From approximately 10 weeks of age to time first egg is produced, approximately 20 weeks of age. | | Laying (fertile egg producing chickens - Broilers/roasters) | From day of first egg throughout the time fertile eggs are produced. |

| Turkeys | | | | --- | --- | --- | | Classes | Purpose | Approximate Age | | Starting/growing | Turkeys that are grown for human food. | Females - From day of hatch to approximately 13 weeks of age. | | Males - From day of hatch to approximately 16 weeks of age. | | | | Finisher | Turkeys that are grown for human food. | Females - From approximately 13 weeks of age to approximately 17 weeks of age. | | Males - From 16 weeks of age to 20 weeks of age, (or desired market weight). | | | | Laying | Female turkeys that are producing eggs. | From time first egg is produced, throughout the time they are producing eggs. | | Breeder | Turkeys that are grown to produce fertile eggs. | Both sexes - From day of hatch to time first egg is produced (approximately 30 weeks of age). |

(ii) GUARANTEED ANALYSIS for poultry complete feeds and supplements (all animal classes) must include the following nutrients on the LABEL in the order listed below:

| Poultry Complete Feeds and Supplements | | | --- | --- | | Nutrients | | | • | Minimum percentage of crude protein; | | • | Minimum percentage of lysine; | | • | Minimum percentage of methionine; | | • | Maximum percentage of crude fat; | | • | Maximum percentage of crude fiber; | | • | Minimum and maximum percentage of calcium; | | • | Minimum percentage of phosphorus; | | • | Minimum and maximum percentage of salt (if added); | | • | Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee. |

(i) Animal classes:

| Beef Cattle | | | --- | --- | | Classes | Production Stage | | Calves | Birth to weaning. | | Cattle on pasture | May be specific as to production stage; e.g., stocker, feeder, replacement heifers, brood cows, bulls, etc. | | Feedlot cattle | Not specified. |

(ii) GUARANTEED ANALYSIS for beef complete feeds and supplements (all animal classes) must include the following nutrients on the LABEL in the order listed below:

| Beef Complete Feeds and Supplements | | | --- | --- | | Nutrients | | | • | Minimum percentage of crude protein; | | • | Maximum percentage of equivalent crude protein from nonprotein nitrogen (NPN) when added; | | • | Minimum percentage of crude fat; | | • | Maximum percentage of crude fiber; | | • | Minimum and maximum percentage of calcium; | | • | Minimum percentage of phosphorus; | | • | Minimum and maximum percentage of salt (if added); | | • | Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee; | | • | Minimum percentage of potassium; | | • | Minimum vitamin A, other than precursors of vitamin A, in International Units per pound (if added). |

(iii) GUARANTEED ANALYSIS for beef mineral feeds must include the following nutrients (if added) on the LABEL in the order listed below (all animal classes):

| Beef Mineral Feeds | | | --- | --- | | Nutrients | | | • | Minimum and maximum percentage calcium; | | • | Minimum percentage of phosphorus; | | • | Minimum and maximum percentage of salt; | | • | Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee; | | • | Minimum percentage of magnesium; | | • | Minimum percentage of potassium; | | • | Minimum copper in parts per million (ppm); | | • | Minimum selenium in parts per million (ppm); | | • | Minimum zinc in parts per million (ppm); | | • | Minimum vitamin A, other than precursors of vitamin A, in International Units per pound. |

(d) Required GUARANTEES for dairy formula feeds.

(i) Animal classes:

| Dairy | | --- | | Classes | | Veal milk replacer | | Herd milk replacer | | Starter | | Nonlactating dairy cattle: Replacement dairy heifers, dairy bulls and dairy calves | | Lactating dairy cows | | Dry dairy cows |

(ii) GUARANTEED ANALYSIS for veal and herd replacement milk replacer must include the following nutrients on the LABEL in the order listed below:

| Veal and Herd Replacement Milk Replacer | | | --- | --- | | Nutrients | | | • | Minimum percentage crude protein; | | • | Minimum percentage crude fat; | | • | Maximum percentage of crude fiber; | | • | Minimum and maximum percentage calcium; | | • | Minimum percentage of phosphorus; | | • | Minimum vitamin A, other than precursors of vitamin A, in International Units per pound (if added). |

(iii) GUARANTEED ANALYSIS for dairy cattle complete feeds and supplements must include the following nutrients on the LABEL in the order listed below:

| Dairy Cattle Complete Feeds and Supplements | | | --- | --- | | Nutrients | | | • | Minimum percentage of crude protein; | | • | Maximum percentage of equivalent crude protein from nonprotein nitrogen (NPN) when added; | | • | Minimum percentage of crude fat; | | • | Maximum percentage of crude fiber; | | • | Maximum percentage of acid detergent fiber (ADF); | | • | Minimum and maximum percentage of calcium; | | • | Minimum percentage of phosphorus; | | • | Minimum selenium in parts per million (ppm); | | • | Minimum vitamin A, other than precursors of vitamin A, in International Units per pound (if added). |

(iv) GUARANTEED ANALYSIS for dairy mixing and pasture mineral feeds must include the following nutrients (if added) on the LABEL in the order listed below:

| Dairy Mixing and Pasture Mineral Feeds | | | --- | --- | | Nutrients | | | • | Minimum and maximum percentage of calcium; | | • | Minimum percentage of phosphorus; | | • | Minimum and maximum percentage of salt; | | • | Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee; | | • | Minimum percentage of magnesium; | | • | Minimum percentage of potassium; | | • | Minimum selenium in parts per million (ppm); | | • | Minimum vitamin A, other than the precursors of vitamin A, in International Units per pound. |

(e) Required GUARANTEES for equine formula feeds.

(i) Animal classes:

| Equine | | --- | | Classes | | Growing | | Broodmare | | Maintenance | | Performance (including stallions) |

(ii) GUARANTEED ANALYSIS for equine complete feeds and supplements (all animal classes) must include the following nutrients on the LABEL in the order listed below:

| Equine Complete Feeds and Supplements | | | --- | --- | | Nutrients | | | • | Minimum percentage of crude protein; | | • | Minimum percentage of crude fat; | | • | Maximum percentage of crude fiber; | | • | Maximum percentage of acid detergent fiber (ADF); | | • | Maximum percentage of neutral detergent fiber (NDF); | | • | Minimum and maximum percentage of calcium; | | • | Minimum percentage of phosphorus; | | • | Minimum copper in parts per million (ppm) (if added); | | • | Minimum selenium in parts per million (ppm); | | • | Minimum zinc in parts per million (ppm); | | • | Minimum vitamin A, other than the precursors of vitamin A, in International Units per pound (if added). |

(iii) GUARANTEED ANALYSIS for equine mineral feeds (all animal classes) must include the following nutrients on the LABEL in the order listed below:

| Equine Mineral Feeds | | | --- | --- | | Nutrients | | | • | Minimum and maximum percentage of calcium; | | • | Minimum percentage of phosphorus; | | • | Minimum and maximum percentage of salt (if added); | | • | Minimum and maximum percentage of sodium; | | • | Minimum copper in parts per million (ppm) (if added); | | • | Minimum selenium in parts per million (ppm); | | • | Minimum zinc in parts per million (ppm); | | • | Minimum vitamin A, other than precursors of vitamin A, in International Units per pound (if added). |

(f) Required GUARANTEES for goat formula feeds.

(i) Animal classes:

| Goats | | --- | | Classes | | Starter | | Grower | | Finisher | | Breeder | | Lactating |

(ii) GUARANTEED ANALYSIS for goat complete feeds and supplements (all animal classes) must include the following nutrients on the LABEL in the order listed below:

| Goat Complete Feeds and Supplements | | | --- | --- | | Nutrients | | | • | Minimum percentage of crude protein; | | • | Maximum percentage of equivalent crude protein from nonprotein nitrogen (NPN) when added; | | • | Minimum percentage of crude fat; | | • | Maximum percentage of crude fiber; | | • | Maximum percentage of acid detergent fiber; | | • | Minimum and maximum percentage of calcium; | | • | Minimum percentage of phosphorus; | | • | Minimum and maximum percentage of salt (if added); | | • | Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee; | | • | Minimum and maximum copper in parts per million (ppm) (if added); | | • | Minimum selenium in parts per million (ppm); | | • | Minimum vitamin A, other than precursors of vitamin A, in International Units per pound (if added). |

(g) Required GUARANTEES for sheep formula feeds.

(i) Animal classes:

| Sheep | | --- | | Classes | | Starter | | Grower | | Finisher | | Breeder | | Lactating |

(ii) GUARANTEED ANALYSIS for sheep complete feeds and supplements (all animal classes) must include the following nutrients on the LABEL in the order listed below:

| Sheep Complete Feeds and Supplements | | | --- | --- | | Nutrients | | | • | Minimum percentage of crude protein; | | • | Maximum percentage of equivalent crude protein from nonprotein nitrogen (NPN) when added; | | • | Minimum percentage of crude fat; | | • | Maximum percentage of crude fiber; | | • | Minimum and maximum percentage of calcium; | | • | Minimum percentage of phosphorus; | | • | Minimum and maximum percentage of salt (if added); | | • | Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee; | | • | Minimum and maximum copper in parts per million (ppm) (if added, or if total copper exceeds 20 ppm); | | • | Minimum selenium in parts per million (ppm); | | • | Minimum vitamin A, other than precursors of vitamin A, in International Units per pound (if added). |

(h) Required GUARANTEES for duck and geese formula feeds.

(i) Animal classes:

| Ducks | | | --- | --- | | Classes | Approximate Age | | Starter | 0 to 3 weeks of age | | Grower | 3 to 6 weeks of age | | Finisher | 6 weeks to market | | Breeder Developer | 8 to 19 weeks of age | | Breeder | 22 weeks to end of lay |

| Geese | | | --- | --- | | Classes | Approximate Age | | Starter | 0 to 4 weeks of age | | Grower | 4 to 8 weeks of age | | Finisher | 8 weeks to market | | Breeder Developer | 10 to 22 weeks of age | | Breeder | 22 weeks to end of lay |

(ii) GUARANTEED ANALYSIS for duck and geese complete feeds and supplements (for all animal classes) must include the following nutrients on the LABEL in the order listed below:

| Duck and Geese Complete Feeds and Supplements | | | --- | --- | | Nutrients | | | • | Minimum percentage of crude protein; | | • | Minimum percentage of crude fat; | | • | Maximum percentage of crude fiber; | | • | Minimum and maximum percentage of calcium; | | • | Minimum percentage of phosphorus; | | • | Minimum and maximum percentage of salt (if added); | | • | Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee. |

(i) Required GUARANTEES for fish complete feeds and supplements must include the following nutrients on the LABEL in the order listed below must include the following nutrients on the LABEL in the order listed below:

Animal species shall be declared in lieu of animal class:

| Fish | | --- | | Species | | Trout | | Catfish | | Species other than trout or catfish |

| Fish Complete Feeds and Supplements | | | --- | --- | | Nutrients | | | • | Minimum percentage of crude protein; | | • | Minimum percentage of crude fat; | | • | Maximum percentage of crude fiber; | | • | Minimum percentage of phosphorus. |

(j) Required GUARANTEES for rabbit complete feeds and supplements.

(i) Animal classes:

| Rabbits (nonspeciality pet) | | | --- | --- | | Classes | Approximate Age | | Grower | 4 to 12 weeks of age | | Breeder | 12 weeks of age and over |

(ii) GUARANTEED ANALYSIS for rabbit complete feeds and supplements must include the following nutrients on the LABEL in the order listed below:

| Rabbit Complete Feeds and Supplements | | | --- | --- | | Nutrients | | | • | Minimum percentage of crude protein; | | • | Minimum percentage of crude fat; | | • | Minimum and maximum percentage of crude fiber (the maximum crude fiber shall not exceed the minimum by more than 5.0 units); | | • | Minimum and maximum percentage of calcium; | | • | Minimum percentage of phosphorus; | | • | Minimum and maximum percentage of salt (if added); | | • | Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee; | | • | Minimum vitamin A, other than precursors of vitamin A, in International Units per pound (if added). |

(k) Required GUARANTEES for treats (all animal classes and species excluding pets and specialty pets):

| Nutrients | | | --- | --- | | • | Minimum percentage of crude protein; | | • | Minimum percentage of crude fat; | | • | Maximum percentage of crude fiber; | | • | Other guarantees, as needed to support nutrient content claims in the labeling as per RCW 15.53.9016 (1)(b), and in accordance with terminology, order of guarantees and units of expression as specified in WAC 16-250-014(6). |

(l) The required GUARANTEES of grain mixtures with or without molasses and feeds other than those described in (a) through (j) of this subsection shall include the following items, unless exempted in (m) of this subsection, in the order listed:

(i) Animal class(es) and species for which the product is intended.

(ii) GUARANTEED ANALYSIS must include the following nutrients on the LABEL in the order listed below:

| Grain Mixtures | | | | --- | --- | --- | | Nutrients | | | | • | Minimum percentage crude protein; | | | • | Maximum or minimum percentage of equivalent crude protein from nonprotein nitrogen as required in WAC 16-250-036(5); | | | • | Minimum percentage of crude fat; | | | • | Maximum percentage of crude fiber; | | | • | Minerals in formula feeds, to include in the following order: | | | | - | Minimum and maximum percentage of calcium; | | | - | Minimum percentage of phosphorus; | | | - | Minimum and maximum percentage of salt (if added); | | | - | Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee; | | | - | Other minerals. | | • | Minerals in feed ingredients - As specified by the official definitions of the Association of American Feed Control Officials; | | | • | Vitamins in such terms as specified in WAC 16-250-036(3); | | | • | Total sugars as invert on dried molasses products or products being sold primarily for their sugar content; | | | • | Viable lactic acid producing microorganisms for use in silages in terms specified in WAC 16-250-036(7); | | | • | A commercial feed (e.g., vitamin/mineral premix, base mix, etc.) intended to provide a specialized nutritional source for use in the manufacture of other feeds, must state its intended purpose and guarantee those nutrients relevant to such stated purpose. Article II of AAFCO's "Criteria for Labeling Nutritional Indicators" is not applicable to the label guarantees for these specialized commercial feeds. | |

(m) Exemptions.

(i) A mineral GUARANTEE for feed, excluding those feeds manufactured as complete feeds and for feed supplements intended to be mixed with grain to produce a complete feed for swine, poultry, fish, and veal and herd milk replacers, is not required when:

(A) The feed or feed ingredient is not intended or represented or does not serve as a principal source of that mineral to the animal; or

(B) The feed or feed ingredient is intended for nonfood producing animals and contains less than 6.5 percent total mineral.

(ii) GUARANTEES for vitamins are not required when the commercial feed is neither formulated for nor represented in any manner as a vitamin supplement.

(iii) GUARANTEES for crude protein, crude fat, and crude fiber are not required when the commercial feed is intended for purposes other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, such as drug premixes, mineral or vitamin supplements, and molasses.

(iv) GUARANTEES for microorganisms are not required when the commercial feed is intended for a purpose other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, and no specific LABEL claims are made.

(v) The indication for animal class(es) and species is not required on single ingredient products if the ingredient is not intended, represented, or defined for a specific animal class(es) or species.

(7) Feed ingredients, collective terms for the grouping of feed ingredients, or appropriate statements as provided under the provisions of RCW 15.53.9016 (1)(c).

(a) The name of each ingredient as defined in the official publication of the Association of American Feed Control Officials, common or usual name, or one approved by the department.

(b) Collective terms for the grouping of feed ingredients as defined in the Official Definitions of Feed Ingredients published in the Official Publication of the Association of American Feed Control Officials in lieu of the individual ingredients; provided that:

(i) When a collective term for a group of ingredients is used on the LABEL, individual ingredients within that group shall not be listed on the LABEL.

(ii) The manufacturer shall provide the department, upon request, with a list of individual ingredients, within a defined group, that are or have been used at manufacturing facilities distributing in or into the state. These records must be available to the department for inspection and copying for at least two years after the last date of distribution of the commercial feed.

(8) Directions for use and precautionary statements or reference to their location if the detailed feeding directions and precautionary statements required by WAC 16-250-078 and 16-250-082 appear elsewhere on the LABEL.

(9) Name, principal mailing address, and phone number of the GUARANTOR. The principal mailing address shall include the street address, city, state, zip code; however, the street address may be omitted if it is shown in a readily accessible, widely published, and publicly available resource including, but not limited to, a printed directory, electronic database, or website.

(10) QUANTITY STATEMENT:

(a) Net quantity shall be declared in terms of weight, liquid measure or count, based on applicable requirements under Section 4 of the Fair Packaging and Labeling Act.

(b) Net quantity LABELED in terms of weight shall be expressed both in pounds, with any remainder in terms, of ounces or common or decimal fractions of the pound, and in appropriate metric system units; or in the case of liquid measure, both in the largest whole unit (quarts, quarts and pints, or pints, as appropriate) with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart, and in appropriate metric system units.

(c) When the declaration of quantity of contents by count does not give adequate information as to the quantity of feed in the container, it shall be combined with such statement of weight, liquid measure, or size of the individual units as will provide such information.

(11) When screenings are added to unmixed by-product feed, the term "screenings" must appear on the LABEL:

(a) In the same size of type as the brand name; and

(b) Either as part of or immediately below the brand name.

(12) License applicants and licensees must submit copies of their commercial feed LABELS and LABELING to the department upon request.

(13) When a commercial feed contains any ingredient or combination of ingredients for the purpose of imparting a distinct characteristic to the product that is significant to the purchaser, the name of that ingredient or combination of ingredients may be used as part of the brand name or product name if:

(a) The ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product or is present in amounts which have a material bearing upon the price of the product or upon acceptance of the product by the purchaser thereof; or

(b) It does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-250-014, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-250-014, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-250-036 Expression of guarantees.

(1) The GUARANTEES for crude protein, equivalent crude protein from nonprotein nitrogen, lysine, methionine, other amino acids, crude fat, crude fiber and acid detergent fiber shall be in terms of percentage.

(2) Mineral GUARANTEES:

(a) When the calcium, salt, and sodium GUARANTEES are given in the GUARANTEED ANALYSIS such shall be stated and conform to the following:

(i) When the minimum is below 2.5 percent, the maximum shall not exceed the minimum by more than 0.5 percentage point.

(ii) When the minimum is 2.5 percent but less than 5.0 percent, the maximum shall not exceed the minimum by more than one percentage point.

(iii) When the minimum is 5.0 percent or greater, the maximum shall not exceed the minimum by more than 20 percent of the minimum and in no case shall the maximum exceed the minimum by more than five percentage points.

(b) When stated, GUARANTEES for minimum and maximum total sodium, and salt: Minimum potassium, magnesium, sulfur, phosphorus and maximum fluorine shall be in terms of percentage. Other minimum mineral GUARANTEES shall be stated in parts per million (ppm) when the concentration is less than 10,000 ppm and in percentage when the concentration is 10,000 ppm (1 percent) or greater.

(c) Products LABELED with a QUANTITY STATEMENT (e.g., tablets, capsules, granules, or liquids) may state mineral GUARANTEES in milligrams (mg) per unit (e.g., tablet, capsule, granule, or liquid) consistent with the QUANTITY STATEMENT and directions for use.

(3) GUARANTEES for minimum vitamin content of commercial feed shall be listed in the order specified and are stated in mg/lb. or in units consistent with those employed for the QUANTITY STATEMENT unless otherwise specified:

(a) Vitamin A, other than precursors of vitamin A, in International Units per pound.

(b) Vitamin D-3 in products offered for poultry feeding, in International Chick Units per pound.

(d) Vitamin E, in International Units per pound.

(e) Concentrated oils and feed additive premixes containing vitamins A, D and/or E may, at the option of the distributor be stated in units per gram instead of units per pound.

(f) Vitamin B-12, in milligrams or micrograms per pound.

(g) All other vitamin guarantees shall express the vitamin activity in milligrams per pound in terms of the following: Menadione, riboflavin, d-pantothenic acid, thiamine, niacin, vitamin B-6, folic acid, choline, biotin, inositol, p-amino benzoic acid, ascorbic acid, and carotene.

(4) GUARANTEES for drugs shall be stated in terms of percent by weight, except:

(a) Antibiotics, present at less than 2,000 grams per ton (total) of commercial feed shall be stated in grams per ton of commercial feed.

(b) Antibiotics present at 2,000 or more grams per ton (total) of commercial feed, shall be stated in grams per pound of commercial feed.

(c) LABELS for commercial feeds containing growth promotion and/or feed efficiency levels of antibiotics, which are to be fed continuously as the sole ration, are not required to make quantitative GUARANTEES except as specifically noted in the Federal Food Additive Regulations for certain antibiotics, wherein, quantitative guarantees are required regardless of the level or purpose of the antibiotic.

(d) The term "milligrams per pound" may be used for drugs or antibiotics in those cases where a dosage is given in "milligrams" in the feeding directions.

(5) Commercial feeds containing any added nonprotein nitrogen shall be LABELED as follows:

(a) For ruminants:

(i) Complete feeds, supplements, and concentrates containing added nonprotein nitrogen and containing more than 5 percent protein from natural sources shall be GUARANTEED as follows: Crude protein, minimum, ___ percent (this includes not more than ___ percent equivalent crude protein from nonprotein nitrogen).

(ii) Mixed feed concentrates and supplements containing less than 5 percent protein from natural sources may be GUARANTEED as follows: Equivalent crude protein from nonprotein nitrogen, minimum, ___ percent.

(iii) Ingredient sources of nonprotein nitrogen such as urea, diammonium phosphate, ammonium polyphosphate solution, ammoniated rice hulls, or other basic nonprotein nitrogen ingredients defined by the Association of American Feed Control Officials shall be GUARANTEED as follows: Nitrogen, minimum, ___ percent equivalent crude protein from nonprotein nitrogen, minimum, ___ percent.

(b) For nonruminants:

(i) Complete feeds, supplements and concentrates containing crude protein from all forms of nonprotein nitrogen, added as such, shall be LABELED as follows: Crude protein, minimum ___ percent (this includes not more than ___ percent equivalent crude protein which is not nutritionally available to species of animal for which feed is intended).

(ii) Premixes, concentrates or supplements intended for nonruminants containing more than 1.25 percent equivalent crude protein from all forms of nonprotein nitrogen, added as such, must contain adequate directions for use and a prominent statement:

WARNING: This feed must be used only in accordance with directions furnished on the label.

(6) Mineral phosphatic materials for feeding purposes shall be LABELED with the GUARANTEE for minimum and maximum percentage of calcium (when present), the minimum percentage of phosphorus, and the maximum percentage of fluorine.

(7) GUARANTEES for microorganisms shall be stated and conform to the following:

(a) Colony forming units per gram (CFU/g) or per pound (CFU/lb.) consistent with the directions for use, or CFU per product unit (e.g., tablets, capsules, liquids) consistent with directions for use and QUANTITY STATEMENT.

(b) A parenthetical statement following the GUARANTEE shall list each species in order of predominance.

(8) GUARANTEES for enzymes shall be stated and conform to the following:

(a) Units of enzymatic activity per unit weight or volume consistent with LABEL directions for use, or units of enzymatic activity per product unit (e.g., tablets, capsules) consistent with the direction for use and the QUANTITY STATEMENT.

(b) The source organism for each type of enzymatic activity shall be specified, such as: Protease (Bacillus subtilis) 5.5 mg amino acids liberated/min./milligram. If two or more sources have the same type of activity, they shall be listed in order of predominance based on the amount of enzymatic activity provided.

(9) GUARANTEES for dietary starch, sugars, and fructans for commercial feeds, other than customer-formula feed, pet food and specialty pet food products:

(a) A commercial feed which bears on its LABELING a claim in any manner for levels of "dietary starch," "sugars," "fructans," or words of similar designation, shall include on the LABEL:

(i) GUARANTEES for maximum percentage of dietary starch and maximum percentage sugars, in the GUARANTEED ANALYSIS section immediately following the last fiber GUARANTEE.

(ii) A maximum percentage GUARANTEE for fructans immediately following sugars, if the feed contains forage products.

(b) When such GUARANTEES for dietary starch, sugars or fructans for commercial feeds appear on the LABEL, feeding directions shall indicate the proper use of the feed product and a recommendation to consult with a veterinarian or nutritionist for a recommended diet.

(10) The LABELS on commercial feeds such as vitamin/mineral premix and base mix intended as a specialized nutritional source for use in the manufacture of other feeds, must state the intended purpose and GUARANTEE that the nutrients are relevant to that purpose.

(11) When approved by the department, GUARANTEES may be made for these special feeds even if there are no approved Association of Official Analytical Chemists (AOAC) methods for determining specific nutritional content of these specialized feeds.

(12) The sliding scale method of expressing a GUARANTEED ANALYSIS on a commercial feed LABEL (for example "minimum crude protein 15-18 percent") is prohibited.

(13) Minerals, except salt, when quantitatively GUARANTEED, must be stated in terms of percentage of the element.

(14) GUARANTEED ANALYSIS for all grain mixture, with or without molasses, commercial feed must include the following nutrients on the LABEL in the order listed:

(a) Minimum percentage of crude protein;

(b) Minimum percentage of crude fat; and

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-250-036, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-250-036, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-250-044 Substantiation of nutritional suitability.

(1) A commercial feed, other than a customer-formula feed, shall be nutritionally suitable for its intended purpose as represented by its LABELING.

(2) If the department has reasonable cause to believe a commercial feed is not nutritionally suitable, the department may request the feed manufacturer to either submit an "affidavit of suitability" or an alternative procedure acceptable to the department, certifying the nutritional adequacy of the feed. The affidavit of suitability or alternate procedure of suitability shall serve as substantiation of the suitability of the feed.

(3) If an affidavit of suitability, or alternative procedure acceptable to the department, is not submitted by the feed manufacturer within 30 days of written notification, the department may deem the feed adulterated under RCW 15.53.902 and order the feed removed from the marketplace.

(4) The affidavit of suitability shall contain the following information:

(a) The feed company's name;

(b) The feed's product name;

(d) A statement that the affiant has knowledge of the nutritional content of the feed and based on valid scientific evidence the feed is NUTRITIONALLY ADEQUATE for its intended purpose;

(e) The date of submission; and

(f) The signature of the affiant notarized by a certified notary public.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-250-044, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-250-044, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-250-064 Ingredients.

(1) The name of each ingredient or collective term for the grouping of ingredients, when required to be listed, shall be the common or usual name and conform to the following:

(a) Is defined:

(i) In the Official Feed Terms, Common or Usual Ingredient Names and Ingredient Definitions as published in the AAFCO Official Publication or Common Food Index; or

(ii) In Title 9 and 31 if the Code of Federal Regulations;

(b) Has been marketed prior to 1958 which are commercially available and suitable for use in animal food (common food for animals may include common human foods that are known to be safe for the intended use; or

(2) The name of each ingredient must be shown in letters or type of the same size.

(3) No reference to quality or grade of an ingredient shall appear in the INGREDIENT STATEMENT of a feed.

(4) The term "dehydrated" may precede the name of any product that has been artificially dried.

(5) A single ingredient product defined by the Association of American Feed Control Officials is not required to have an INGREDIENT STATEMENT.

(6) Tentative definitions for ingredients shall not be used until adopted as official, unless no official definition exists or the ingredient has a common accepted name that requires no definition, (i.e., sugar).

(7) When the word "iodized" is used in connection with a feed ingredient, the feed ingredient shall contain not less than 0.007 percent iodine, uniformly distributed.

(8) Ingredients on LABELS must be listed in descending order by weight.

(9) The INGREDIENT STATEMENT must not contain commercial, copyrighted, brand, or trade names.

(10) The term "degermed" must precede the name of any product from which germs were wholly or partially removed.

(11) If a drug is used, the drug does not have to be listed in the INGREDIENT STATEMENT. However, the drug name is required to be listed on the LABEL.

(12) Each carrier shall be listed in the INGREDIENT STATEMENT on the LABEL unless it meets the criteria for an incidental ingredient (21 C.F.R. 501.100(a)(3)).

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-250-064, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-250-064, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-250-078 Directions for use and precautionary statements.

(1) Directions for use and precautionary statements on the LABELING of all commercial feeds and customer-formula feeds containing additives (including drugs, special purpose additives, or nonnutritive additives) shall:

(a) Be adequate to enable safe and effective use for the intended purposes by users with no special knowledge of the purpose and use of such articles; and

(b) Include, but not be limited to, all information described by all applicable regulations adopted under the Federal Food, Drug, and Cosmetic Act.

(2) Adequate directions for use and precautionary statements are required for feeds containing nonprotein nitrogen as specified in WAC 16-250-082.

(3) Adequate directions for use and precautionary statements necessary for safe and effective use are required on commercial feeds distributed to supply particular dietary needs or for supplementing or fortifying the usual diet or ration with any vitamin, mineral, or other dietary nutrient or compound.

(4) Raw milk distributed as a commercial feed shall comply with the provisions under chapters 15.36 and 15.37 RCW. The LABEL shall display the following statements:

"WARNING: NOT FOR HUMAN CONSUMPTION - THIS PRODUCT HAS NOT BEEN PASTEURIZED AND MAY CONTAIN HARMFUL BACTERIA." and "DECHARACTERIZED WITH HARMLESS FOOD COLORING."

(5) The LABEL type size must meet the following:

(a) The name and address of the producer or distributor in letters not less than one-fourth inch in size.

(b) The name of the contents in letters not less than one-fourth inch in size.

(c) The words "WARNING: NOT FOR HUMAN CONSUMPTION - THIS PRODUCT HAS NOT BEEN PASTEURIZED AND MAY CONTAIN HARMFUL BACTERIA." in letters at least one-half inch in size.

(d) The words "DECHARACTERIZED WITH HARMLESS FOOD COLORING." in letters not less than one-fourth inch in size.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-250-078, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-250-078, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-250-082 Nonprotein nitrogen.

(1) Urea and other nonprotein nitrogen products defined in the AAFCO Official Publication are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein. If the commercial feed contains more than 8.75 percent of equivalent crude protein from all forms of nonprotein nitrogen, added as such, or the equivalent crude protein from all forms of nonprotein nitrogen, added as such, exceeds one-third of the total crude protein, the LABEL shall bear adequate directions for the safe use of feeds and a precautionary statement: "CAUTION: USE AS DIRECTED." The directions for use and the caution statement shall be in type of such size so placed on the LABEL that they will be read and understood by ordinary persons under customary conditions of purchase and use.

(2) Feeding or use directions for those feeds in which more than 50 percent of the protein content is derived from nonprotein nitrogen sources shall include recommendations as to providing adequate supplies of drinking water, sources of energy, forages being fed, minerals, adaptation ("warm-up") periods and stress conditions when necessary.

(3) Nonprotein nitrogen defined in the AAFCO Official Publication, when so indicated, are acceptable ingredients in commercial feeds distributed to nonruminant animals as a source of nutrients other than equivalent crude protein. The maximum equivalent crude protein from nonprotein nitrogen sources when used in nonruminant rations shall not exceed 1.25 percent of the total daily ration.

(4) On LABELS such as those for medicated feeds which bear adequate feeding directions and/or warning statements, the presence of added nonprotein nitrogen shall not require a duplication of the feeding directions or the precautionary statements as long as those statements include sufficient information to ensure the safe and effective use of this product due to the presence of nonprotein nitrogen.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-250-082, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-250-082, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-250-094 Drug and feed additives.

(1) Prior to approval of a license application and/or approval of a LABEL for commercial feed which contain additives (including drugs, other special purpose additives, or nonnutritive additives), the distributor may be required to submit evidence to prove the safety and efficacy of the commercial feed when used according to the directions furnished on the LABEL.

(2) Satisfactory evidence of safety and efficacy of a commercial feed may be:

(a) When the commercial feed contains such additives, the use of which conforms to the requirements of the applicable regulation in 21 C.F.R., or which are "prior sanctioned" or "informal review sanctioned" or "generally recognized as safe" for such use; or

(b) When the commercial feed is itself a drug and is generally recognized as safe and effective for the LABELED use or is marketed subject to an application approved by the United States Food and Drug Administration under section 512 of the Federal Food, Drug, and Cosmetic Act; or

(c) When one of the purposes for feeding a commercial feed is to impart immunity (that is to act through some immunological process) the constituents imparting immunity have been approved for the purpose through the Federal Virus, Serum and Toxins Act of 1913, as amended; or

(d) When the commercial feed is a direct fed microbial product and:

(i) The product meets the particular fermentation product definition; and

(ii) The microbial content statement, as expressed in the LABELING, is limited to the following: "Contains a source of live (viable) naturally occurring microorganisms." This statement shall appear on the LABEL; and

(iii) The source is stated with a corresponding GUARANTEE expressed in accordance with WAC 16-250-036(7).

(e) When the commercial feed is an enzyme product, and:

(i) The product meets the particular enzyme definition defined by AAFCO; and

(ii) The enzyme is stated with a corresponding GUARANTEE expressed in accordance with WAC 16-250-036(8).

(3) An artificial color may be used in commercial feed only if it has been shown to be harmless to animals. The department will accept the permanent or provisional listing of an artificial color in the United States Food and Drug Administration regulations as safe for use as satisfactory evidence that the color is harmless to animals provided that the manufacturer's use of the artificial color is consistent with the conditions, limitations, and tolerance prescribed by the federal regulation.

(4) Any feed ingredients or feed product must not contain materials that enhance the natural color of a feed if it conceals inferiorities.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-250-094, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-250-094, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-250-136 Adulterants.

(1) The department adopts 21 C.F.R. Part 589 – Substances prohibited from use in animal food or feed.

(2) For the purpose of RCW 15.53.902, the terms "poisonous substances" or "deleterious substances" include, but are not limited to, the following:

(a) Fluorine and any mineral or mineral mixture which is to be used directly for the feeding of domestic animals and in which the fluorine exceeds 0.20 percent for breeding and dairy cattle; 0.30 percent for slaughter cattle; 0.30 percent for sheep; 0.35 percent for lambs; 0.45 percent for swine; and 0.60 percent for poultry.

(b) Fluorine bearing ingredients when used in such amounts that they raise the fluorine content of the total ration (exclusive of roughage) above the following amounts: 0.004 percent for breeding and dairy cattle; 0.009 percent for slaughter cattle; 0.006 percent for sheep; 0.01 percent for lambs; 0.015 percent for swine and 0.03 percent for poultry.

(c) Fluorine bearing ingredients incorporated in any feed that is fed directly to cattle, sheep or goats consuming roughage (with or without) limited amounts of grain, that results in a daily fluorine intake in excess of 50 milligrams of fluorine per 100 pounds of body weight.

(d) Soybean meal, flakes or pellets or other vegetable meals, flakes or pellets which have been extracted with trichlorethylene or other chlorinated solvents.

(e) Sulfur dioxide, sulfurous acid, and salts of sulfurous acid when used in or on feeds or feed ingredients which are considered or reported to be a significant source of vitamin B1 (thiamine).

(f) Raw leather residue from tanning or leather manufacturing.

(3) When screenings are added to unmixed by-product feed, the screening must not contain any seed, pesticide, or other product that renders it adulterated within the meaning of RCW 15.53.902.

(4) All screenings or by-products of grains and seeds containing weed seeds, when used in commercial feed or sold as such to the consumer, shall be ground fine enough or otherwise treated to destroy the viability of such weed seeds so that the finished product contains no more than one viable prohibited noxious weed seed per pound and not more than 25 viable restricted noxious weed seeds per pound.

(5) For purposes of this rule, prohibited noxious weed seeds are those listed in WAC 16-301-045 (Prohibited noxious weed seeds) and restricted noxious weed seeds are those listed in WAC 16-301-050 (Restricted noxious weed seeds).

(6) Feed containing raw or unprocessed animal waste is adulterated under this chapter.

Feed containing processed waste or used as a food source must comply with chapter 16-256 WAC before feeding or distributing a processed waste product.

(7) In addition to the requirements in subsection (2) of this section, the terms "poisonous substances" or "deleterious substances" as used in RCW 15.53.902 include, but are not limited to, any ingredient that contains more than 20 parts per billion aflatoxin B1, B2, G1, G2, individually or in total.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-250-136, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-250-136, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-250-148 Current good manufacturing practice and hazard analysis and risk-based preventive controls.

The department adopts the following federal regulations as current good manufacturing practice:

(1) The regulations prescribing good manufacturing practices for Type B and Type C medicated feeds as published in 21 C.F.R. Part 225.1 – 225.202.

(2) The regulations prescribing good manufacturing practices for Type A medicated articles as published in 21 C.F.R. Part 226.1 - 226.115.

(3) The requirements of 21 C.F.R. Part 507 – Current good manufacturing practice, hazard analysis, and risk-based preventive controls for food for animals.

(4) The requirements of 21 C.F.R. Part 113 – Thermally processed low-acid foods packaged in hermetically sealed containers.

(5) The regulations and requirements governing emergency permit control in 21 C.F.R. Part 108.

History

Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-250-148, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-250-152 Certain mammalian proteins prohibited in ruminant feed.

The department adopts the requirements of 21 C.F.R. Part 589.2000 – Animal proteins prohibited in ruminant feed; and 21 C.F.R. Part 589.2001 – Cattle materials prohibited in animal food or feed to prevent the transmission of bovine spongiform encephalopathy.

History

Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-250-152, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-250-164 Veterinary feed directive.

(1) The department adopts the definitions of 21 C.F.R. Part 558.3(b).

(2) The department adopts the requirements of 21 C.F.R. Part 558.6 – Veterinary feed directive drugs.

History

Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-250-164, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-250-166 Recordkeeping requirements.

Records relating the LOT IDENTIFIER, manufacture, processing, packing, distribution, receipt, holding, and substantiation of the product must be kept for two years after the last date of distribution and licensing, unless otherwise specified.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-250-166, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-250-166, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-250-178 Licensing requirements.

(1) Except as provided for in RCW 15.53.9013, any person who manufactures a commercial feed in this state, or who distributes a commercial feed in or into this state; or whose name appears on a commercial feed LABEL as GUARANTOR, must obtain a commercial feed license for each facility that distributes in or into this state.

(2) The license application, which includes renewal applications must be complete, accurate, legible, and submitted as prescribed by the department.

(3) The license application must include:

(a) The name, mailing address, and contact information of the applicant;

(b) The name, mailing address, and contact information of the person responsible for reporting tonnage;

(c) The name, mailing address, physical address, contact information, and FDA Establishment Identifier (FEI) number and/or Unique Business Identifier of the facility being issued the license;

(d) Types of business the firm is engaged in (manufacturer, distributor, GUARANTOR);

(e) Types of processing;

(f) Types of feed distributed;

(g) Types of ingredients;

(h) Applicant's signature; and

(i) Date signed.

(4) A separate license application form is required for each location or facility.

(5) The licensing fee(s), the late fee(s), and exceptions to payment of the fee are described in RCW 15.53.9013.

(6) License application forms can be obtained online at https://agr.wa.gov/departments/animals-livestock-and-pets/animal-feed/forms; by emailing the animal feed program at feedreg@agr.wa.gov, or by phone at 360-902-1942.

(7) Any person prior to distributing a BONA FIDE EXPERIMENTAL FEED is exempt from licensing requirements and will be issued a temporary experimental feed permit upon submission of a form prescribed by the department. The following information will be required to be completed before issuing the permit:

(a) Name, mailing address, and contact information of person responsible for the BONA FIDE EXPERIMENTAL FEED research.

(b) Identification, purpose, and description of the BONA FIDE EXPERIMENTAL FEED and components.

(d) The site address(es) of where research is being conducted and contact information at each location.

(8) The permit will expire two years after the issue date of the permit and is only valid during the time frame the research is being conducted.

(a) If the research is not completed prior to the expiration of the permit, an extension may be requested by resubmitting the prescribed form.

(b) If the research is completed before the two-year period, the business will notify the department of the conclusion of the research and the path to define the ingredient(s).

(c) Any person shall not distribute the BONA FIDE EXPERIMENTAL FEED after the conclusion of the research until it is defined and a commercial feed license is issued.

(9) Records must be maintained for the period of the experiment plus two years after the research has been concluded.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-250-178, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012 and 15.53.9018. WSR 20-03-110, § 16-250-178, filed 1/15/20, effective 2/15/20. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-250-178, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-250-182 Semiannual feed distribution reporting requirements and inspection fees.

(1)(a) Each licensee must file a semiannual report on forms provided by the department setting forth the number of tons of commercial feed distributed in or into this state as required by RCW 15.53.9018.

(b) The report must include the amount of feed distributed by type of mixed feed by animal class, feed ingredients.

(d) RESPONSIBLE BUYERS are required to complete the form prescribed by the department with the company information, animal class and/or ingredient categories, and the amount purchased.

(e) Signature of person filing report, and date signed.

(2) An inspection fee of 12 cents per ton on all commercial feed distributed in or into this state during the year must accompany the semiannual report.

(3) The minimum inspection fee, the late fee, and exceptions to payment of the fee are described in RCW 15.53.9018.

(4) Reports where no fees are due may be submitted electronically (via email) in accordance with the specified naming convention.

(5) Semiannual reporting forms can be obtained online at https://agr.wa.gov/departments/animals-livestock-and-pets/animal-feed/forms; by emailing the animal feed program at feedreg@agr.wa.gov; or by phone at 360-902-1942.

(6) Any reports and associated fees may be submitted to the department by mail to:

Washington State Department of Agriculture

Animal Feed Program

P.O. Box 42591

Olympia, WA 98504-2591

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-250-182, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012 and 15.53.9018. WSR 20-03-110, § 16-250-182, filed 1/15/20, effective 2/15/20. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-250-182, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-250-194 Access to publications adopted under this chapter.

(1) Electronic access to 21 C.F.R. is available at https://www.ecfr.gov/current/title-21. Print copies of the titles can be purchased from the U.S. Government Bookstore online at https://bookstore.gpo.gov/catalog/laws-regulations/code-federal-regulations-cfrs-print. If you do not have electronic access, contact:

U.S. Government Publishing Office

P.O. Box 979050

St. Louis, MO 63197-9000

Phone 1-866-512-1800

(2) Online and print copies of the AAFCO Official Publication can be purchased from AAFCO online at http://www.aafco.org/Publications. If you do not have electronic access, print copies can also be purchased from:

AAFCO

1800 South Oak Street, Suite 100

Champaign, IL 61820

Phone 217-356-4221

aafco@aafco.org

(3) A copy of these publications are available for inspection at:

Washington State Department of Agriculture

Natural Resources Building

1111 Washington Street S.E.

Olympia, WA 98504-2560

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-250-194, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-250-194, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-250-200 Refunds.

(1) Any person may request a refund if they can show a specified amount over $50 was paid in error. Refund requests must be received in writing to:

Washington State Department of Agriculture

Animal Feed Program

P.O. Box 42560

Olympia, WA 98504-2591

or emailed to feedreg@agr.wa.gov within 90 calendar days of the payment and include the following information:

(a) Name and address of applicant;

(b) Total amount of refund request with rationale;

(2) If approved, the department must process the requested funds within 60 business days.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-250-200, filed 6/6/25, effective 7/7/25.

Chapter 16-252 Commercial feed—Pet food and specialty pet food.

Wash. Admin. Code § 16-252-002 Purpose.

This chapter is pursuant to RCW 15.53.9012 and regulates COMMERCIAL FEED, specifically PET FOOD and SPECIALTY PET FOOD DISTRIBUTED in Washington state for the purpose of uniformity with federal regulations and national consensus codes and ultimately to protect consumers from contaminated, adulterated, or misbranded PET FOOD and SPECIALTY PET FOOD.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-252-002, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-252-002, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-252-004 Applicability.

(1) This chapter applies to PET FOOD as defined in RCW 15.53.901, which includes food for dogs (Canis familiaris) and cats (Felis catus).

(2) This chapter applies to SPECIALTY PET FOOD as defined in RCW 15.53.901 and includes any animal normally maintained in a household, such as, but not limited to, rodents, ornamental birds, ornamental fish, reptiles and amphibians, ferrets, hedgehogs, marsupials, and rabbits not raised for food or fur.

(3) If adulterated under RCW 15.53.902 for some but not all purposes, the following commodities are subject to the requirements of this chapter. If unadulterated, the following commodities are exempt from the requirements of this chapter.

(a) Unmixed whole seeds and physically altered entire unmixed seeds when such seeds are not chemically changed.

(b) Raw meat, hay, loose salt, straw, stover, silage, cobs, husks, and hulls when such commodities are not ground, mixed, blended, or intermixed with other materials.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-252-004, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-252-004, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-252-006 Adoption of federal regulations and national consensus codes—Order of precedence.

(1) Adoption of regulations under the Federal Food, Drug and Cosmetic Act in this chapter is of the version effective January 1, 2025, and 21 U.S.C. 301 et seq. in this chapter is adoption of the version effective January 1, 2025.

(2) Adoption of provisions under the Association of American Feed Control Officials (AAFCO) Official Publication in this chapter is adoption of the provisions in the 2025 edition.

(3) If there is conflict between this chapter, chapter 15.53 RCW, adopted federal regulations, and adopted AAFCO provisions, the conflict must be resolved by giving precedence in the following order:

(a) Adopted federal regulations;

(b) Chapter 15.53 RCW;

(d) Adopted AAFCO pet food and specialty pet food provisions; and

(e) Adopted AAFCO commercial feed provisions.

(4) If this chapter is silent with regard to any aspect of PET FOOD or SPECIALTY PET FOOD, then the regulations under chapter 16-250 WAC apply.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-252-006, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-252-006, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-252-008 Definitions and terms.

(1) Definitions and terms in this chapter as well as those defined in chapter 15.53 RCW are mostly shown in capitalized letters to indicate that they are specifically defined.

(3) In addition, the following definitions apply to this chapter:

(a) "ALL LIFE STAGES" means gestation/lactation, growth, and adult maintenance life stages for dogs, cats, and other mammals or adult (including breeding animals) and juvenile life stages for mammalian species.

(b) "DAILY FOOD" means a SPECIALTY PET FOOD product, other than a treat, FOOD MIXER or FOOD SUPPLEMENT, for SPECIALTY PET species with no recognized nutritional authority.

(i) Cut before the formation of seed;

(ii) Reasonably free of other crop plants, weeds, and mold;

(iii) Finely ground; and

(iv) Dried by artificial thermal means.

(d) "DISTRESSED PET FOOD or SPECIALTY PET FOOD" means PET FOOD or SPECIALTY PET FOOD in distribution that is no longer available for RETAIL SALE. Examples of acceptable DISTRESSED PET FOOD or SPECIALTY PET FOOD include, but are not limited to, dented cans with the hermetic seal still intact, torn bags, or past its quality sell-by date.

(e) "FAMILIAR HOUSEHOLD UNIT" means a typical, feeding unit in volume or count.

(f) "FAMILY" means a group of products, which are NUTRITIONALLY ADEQUATE for any or ALL LIFE STAGES based on their nutritional similarity to a lead product, which has been successfully test-fed according to an AAFCO feeding protocol(s).

(g) "FOOD MIXER" means a PET FOOD or SPECIALTY PET FOOD product that is intended to top, accompany, or contribute to a complete diet but is not generally intended to be a complete diet.

(h) "FOOD SUPPLEMENT" means a PET FOOD or SPECIALTY PET FOOD product that is intended to supply specific nutrient(s) or other food components but is not a complete diet.

(i) "GRAIN MIXTURE SPECIALTY PET FOOD" means mixed or intermixed whole or physically altered grains, that:

(i) Are not chemically altered;

(ii) May or may not contain molasses; and

(iii) Except for molasses, contain no other additives.

(j) "GRASS SEED BY-PRODUCTS MEAL or PELLETS" means a ground product consisting of light and broken seeds, hulls, chaff, straw, and some weed seeds but excluding sand, dirt, and heavy weed seeds.

(k) "GRASS SEED SCREENINGS MEAL or PELLETS" means a product comprised chiefly of hulls obtained from the cleaning of various grass seeds.

(l) "GUARANTEE" means a listing of specified nutrients or nonnutritive substances contained in a PET FOOD or SPECIALTY PET FOOD that the GUARANTOR named on the LABEL warrants.

(m) "GUARANTEED ANALYSIS" means a listing of the minimum and/or maximum concentrations of specified nutrients contained in a PET FOOD or SPECIALTY PET FOOD that the GUARANTOR named on the LABEL warrants. Both minimum and maximum concentrations of specified nutrients contained in a PET FOOD or SPECIALTY PET FOOD are stated on an "as is" basis rather than on a "100 PERCENT moisture free" basis in units specified by this chapter.

(n) "GUARANTOR" means any PERSON whose name appears on the LABEL of a PET FOOD or SPECIALTY PET FOOD such as a manufacturer or DISTRIBUTOR and is responsible for:

(i) Product/LABELING information that is not misleading or misbranded;

(ii) Compliance with product/LABELING information and all applicable rules and regulation; and

(iii) Registering PET FOOD/SPECIALTY PET FOOD products DISTRIBUTED in/into the state.

(o) "IMMEDIATE CONTAINER" means the unit, can, box, tin, bag, or other receptacle or covering in which a PET FOOD or SPECIALTY PET FOOD is displayed for SALE to RETAIL purchasers, but does not include containers used as shipping containers.

(p) "INGREDIENT STATEMENT" means a contiguous listing on the LABEL of the FEED INGREDIENTS of which the PET FOOD or SPECIALTY PET FOOD is composed.

(q) "LABEL" means a display of written, printed, or graphic matter upon or affixed to the container in which a PET FOOD or SPECIALTY PET FOOD is DISTRIBUTED, or on the invoice or delivery slip with which a bulk PET FOOD or SPECIALTY PET FOOD is DISTRIBUTED. This includes statements and promotion on company websites or other internet-based customer interfaces.

(r) "LABELING" means all LABELS and other written, printed, or graphic matter upon a PET FOOD or SPECIALTY PET FOOD or any of its containers or wrappers, or accompanying such PET FOOD or SPECIALTY PET FOOD. This includes statements and promotions on company websites or other internet-based customer interfaces.

(s) "LOT IDENTIFIER" means a unique identifier for each lot, batch or production run that enables the manufacturer to accurately trace the complete manufacturing and distribution history of the product. A LOT IDENTIFIER is an individual lot, batch or production run number, code, date, or other suitable identification applied to the LABEL, container, or package. In the case of bulk PET FOOD or SPECIALTY PET FOOD, the LOT IDENTIFIER is on a LABEL, invoice, or shipping document accompanying the PET FOOD or SPECIALTY PET FOOD.

(t) "NET WEIGHT" means the weight of a commodity excluding any materials, substances, or items not considered to be part of the commodity. Examples of materials, substances, or items not considered to be part of a commodity include, but are not limited to, containers, conveyances, bags, wrappers, packaging materials, LABELS, individual piece coverings, decorative accompaniments, and coupons. (See RCW 19.94.010 (1)(s).)

(u) "NUTRITIONALLY ADEQUATE" or "NUTRITIONALLY SUITABLE" means the PET FOOD or SPECIALTY PET FOOD, when fed according to directions on the LABEL, will meet the nutritional requirements of the class of animals for which the PET FOOD or SPECIALTY PET FOOD was MANUFACTURED.

(v) "PEA BRAN" means a product consisting primarily of the various components from a pea splitting operation. PEA BRAN must contain at least 10 PERCENT crude protein and not more than 38 PERCENT crude fiber.

(w) "PEA BY-PRODUCTS MEAL" means a product containing light and broken peas, and offal from pea cleaning, which includes chips, pea powder, pea hulls, and screenings. PEA BY-PRODUCTS MEAL must contain at least 15 PERCENT crude protein and not more than 30 PERCENT crude fiber.

(x) "PEA MEAL" means a pea product resulting from the grinding of whole peas that are reasonably free of other crop seeds, weeds, and mold. PEA MEAL must contain at least 20 PERCENT crude protein and not more than eight PERCENT crude fiber.

(y) "PEA SCREENINGS MEAL" means a product consisting primarily of the various components from the screening and cleaning of peas. PEA SCREENINGS MEAL must contain at least 10 PERCENT crude protein and not more than 38 PERCENT crude fiber.

(z) "PET NUTRITION FACTS" means a designated area located on the LABEL containing nutritional information for a PET FOOD product.

(aa) "PRINCIPAL DISPLAY PANEL" has the same meaning as defined in 21 C.F.R. Part 501.1.

(bb) "QUANTITY STATEMENT" means the part of the LABEL expressing net weight (mass), net volume (liquid or dry) or count.

(cc) "REPACKAGE" means taking PET FOOD and SPECIALTY PET FOOD from packages (no larger than 100 pounds for dry feed or 55 gallons for liquid feed) and placing it into smaller packages for RESALE.

(dd) "SALVAGE PET FOOD and SPECIALTY PET FOOD" means PET FOOD and SPECIALTY PET FOOD still under control of the original manufacturer and will not be offered for SALE at RETAIL. Examples include, but are not limited to, start-up and over-run product, unpelleted PET FOOD or SPECIALTY PET FOOD fines, and other products not suitable for packaging for RETAIL SALE.

(ee) "SELL" or "SALE" means all parts of exchanges concerning COMMERCIAL FEED including, but not limited to, advertising, offering, acceptance, dispensing, giving, delivering, serving, bartering, trading, or other supplying, holding for SALE, and preparing for SALE.

(ff) "SPECIALTY PET NUTRITION FACTS" means a designated area located on the LABEL containing nutritional information for a SPECIALTY PET FOOD product.

(gg) "VETERINARY DIET" means a PET FOOD or SPECIALTY PET FOOD product that is intended to be used under the supervision or direction of a veterinarian only.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-252-008, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-252-008, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-252-012 Label format and labeling.

(1) PET FOOD and SPECIALTY PET FOOD shall be LABELED with the following information:

(a) PRODUCT NAME and brand name, if any, on the PRINCIPAL DISPLAY PANEL as specified in WAC 16-252-024;

(b) A statement specifying the purpose of the product, conspicuously designated on the PRINCIPAL DISPLAY PANEL;

(c) QUANTITY STATEMENT, as defined in WAC 16-252-008 (3)(bb), by weight (pounds and ounces, and metric), liquid measure (quarts, pints and fluid ounces, and metric) or by count, on the PRINCIPAL DISPLAY PANEL;

When the declaration of quantity of contents by count does not give adequate information as to the quantity of PET FOOD or SPECIALTY PET FOOD in the container, it shall be combined with such statement of weight, liquid measure, or size of the individual units as will provide such information.

(d) PET NUTRITION FACTS or SPECIALTY PET NUTRITION FACTS as specified in WAC 16-252-054;

(e) INGREDIENT STATEMENT as specified in WAC 16-252-064;

(f) Feeding directions if required under WAC 16-252-106;

(g) Name, address, and phone number of the GUARANTOR as specified in WAC 16-252-122; and

(h) Handling and storage instructions may be displayed as specified in WAC 16-252-125.

(2) When a PET FOOD or SPECIALTY PET FOOD enclosed in an outer container or wrapper is intended for RETAIL SALE, all required LABEL information shall appear on the outer container or wrapper.

(3) A vignette, graphic, or pictorial representation on a PET FOOD or SPECIALTY PET FOOD LABEL shall not misrepresent the contents of the package.

(4) The use of the word "proven" in connection with a LABEL claim for a PET FOOD or SPECIALTY PET FOOD is not permitted unless the claim is substantiated by scientific or other empirical evidence.

(5) No statement shall appear upon the LABEL or LABELING of a PET FOOD or SPECIALTY PET FOOD which makes false or misleading comparisons between that product and any other product.

(a) Statements referring to a competitive product or comparing the properties of a packaged food to those of a competitive product must not appear on a LABEL unless the competitive product is specifically identified.

(b) Negative statements regarding a competitive product must not appear on a LABEL unless the director determines that the information provided by the statements is beneficial to the product's purchaser.

(6) A personal or commercial endorsement is permitted on a PET FOOD or SPECIALTY PET FOOD LABEL provided the endorsement is not false or misleading.

(7) A statement on a PET FOOD or SPECIALTY PET FOOD LABEL stating "Improved," "New," or similar designation shall be substantiated and limited to six months production.

(8) A statement on a PET FOOD or SPECIALTY PET FOOD LABEL stating preference or comparative attribute claims shall be substantiated and limited to one year production, after which the claim shall be removed or resubstantiated.

(9)(a) Raw milk distributed as a PET FOOD or SPECIALTY PET FOOD shall comply with the provisions under chapters 15.36 and 15.37 RCW. The LABEL shall bear the following statements: "WARNING: NOT FOR HUMAN CONSUMPTION - THIS PRODUCT HAS NOT BEEN PASTEURIZED AND MAY CONTAIN HARMFUL BACTERIA." and "DECHARACTERIZED WITH HARMLESS FOOD COLORING." This statement shall be displayed in a conspicuous manner and shall not be smaller than the height of the minimum font required by the Federal Fair Packaging and Labeling Act for the net QUANTITY STATEMENT as shown in the following table:

| Panel Size | Minimum Warning Statement Type Size | | --- | --- | | <5 in.2 | 1/16 in. | | ˃5 - <25 in.2 | 1/8 in. | | ˃25 - <100 in.2 | 3/16 in. | | ˃100 - <400 in.2 | 1/4 in. | | ˃400 in.2 | 1.2 in. |

(b) When PET FOOD or SPECIALTY PET FOOD consists of raw milk, the words, "Raw (Blank) Milk" shall appear conspicuously on the PRINCIPAL DISPLAY PANEL (blank is to be completed by using the species of animal from which the raw milk is collected).

(i) The name, address, and phone number of the GUARANTOR or DISTRIBUTOR in letters not less than one-fourth inch in size;

(ii) The name of the contents (FEED INGREDIENTS) in letters not less than one-fourth inch in size.

(10) All PET FOOD or SPECIALTY PET FOOD must be LABELED with a conspicuous and clearly readable LOT IDENTIFIER sufficient to allow the manufacturer to accurately trace the complete manufacturing and distribution history of the product, but the lot identified may be separate from the LABEL information required under this chapter.

(11) LABELS must state all required LABEL information in English. PET FOOD and SPECIALTY PET FOOD may be additionally LABELED in other languages if the other language LABELS provide the same information as the English version of the LABEL.

(12) The term "organic" may not appear on LABELS or shipping documents of any PET FOOD or SPECIALTY PET FOOD unless the food was produced under conditions that comply with the United States Department of Agriculture (USDA) National Organic Standard for the production and handling of organic feed products. The National Organic Standard may be obtained from the department, or on the internet at http://www.ams.usda.gov/rules-regulations/organic.

(13) When screenings are added to unmixed by-product PET FOOD or SPECIALTY PET FOOD, the term "screenings" must appear on the LABEL:

(a) In the same size and style of text as the brand name; and

(b) Either as part of or immediately below the brand name.

(14) DISTRESSED or SALVAGE PET FOOD or SPECIALTY PET FOOD that contains, or may contain, prohibited mammalian protein must be LABELED with the bovine spongiform encephalopathy precautionary statement "Do not feed to cattle or other ruminants."

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-252-012, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-252-012, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-252-024 Brand and product names.

(1) The names of the FEED INGREDIENT(S) used in the brand or PRODUCT NAME or elsewhere on the product LABEL shall appear in order of predominance by weight in the product. Names of flavors due to their varying intensity can be in any order.

(2) The words "100%," or "All," or words of similar designation shall not be used in the brand or PRODUCT NAME of a PET FOOD or SPECIALTY PET FOOD if the product contains more than one FEED INGREDIENT.

(3) A FEED INGREDIENT or combination of FEED INGREDIENTS may form part of a PRODUCT NAME of a PET FOOD or SPECIALTY PET FOOD:

(a) When the named FEED INGREDIENT(S) constitutes at least 95 PERCENT of the total product weight, water sufficient for processing may be excluded when calculating the PERCENTAGE; however, the named FEED INGREDIENTS shall constitute at least 70 PERCENT of the total product weight.

(b) When any named FEED INGREDIENT(S) constitutes at least 25 PERCENT of total product weight, provided that:

(i) Water sufficient for processing may be excluded when calculating the PERCENTAGE; however, the named FEED INGREDIENT(S) shall constitute at least 10 PERCENT of the total product weight; and

(ii) A descriptor is used with the FEED INGREDIENT name(s). This descriptor shall imply other FEED INGREDIENTS are included in the product formula. Examples of descriptors include "dinner," "platter," "entree," "formula," and "recipe"; and

(iii) The descriptor shall be in the same size, style, and color text as the FEED INGREDIENT name(s).

(c) When a combination of FEED INGREDIENTS which are included in the PRODUCT NAME in accordance with this subsection meets all of the following:

(i) Each named FEED INGREDIENT constitutes at least three PERCENT of the product weight, excluding water sufficient for processing; and

(ii) All such FEED INGREDIENT names appear on the LABEL in the same size, style, and color text.

(4) When the name of any FEED INGREDIENT appears in the brand or PRODUCT NAME of a PET FOOD or SPECIALTY PET FOOD or elsewhere on the product LABEL and includes a descriptor such as "with" or similar designation, the named FEED INGREDIENT(S) must each constitute at least three PERCENT of the total product weight exclusive of water sufficient for processing. The three PERCENT minimum level shall not apply to claims for nutrients, such as, but not limited to, vitamins, minerals, and fatty acids, as well as condiments. The word "with," or similar designation, and named FEED INGREDIENTS shall be in the same size, style, color and case print/text and be of no greater size than:

| Panel Size | Max "With Claim" Type Size | | --- | --- | | ≤5 in.2 | 1/8 in. | | ˃5 to ≤25 in.2 | 1/4 in. | | ˃25 to ≤100 in.2 | 3/8 in. | | ˃100 to ≤400 in.2 | 1/2 in. | | ˃400 in.2 | 1 in. |

(5) A flavor designation may be included as part of the PRODUCT NAME or elsewhere on the LABEL of a PET FOOD or SPECIALTY PET FOOD when the flavor designation meets all of the following:

(a) The flavor designation:

(i) Conforms to the name of the FEED INGREDIENT as listed in the INGREDIENT STATEMENT; or

(ii) Is identified by the source of the flavor in the INGREDIENT STATEMENT; and

(b) The word "flavor" is printed in the same size text and with an equal degree of conspicuousness as the name of the flavor designation; and

(6) Contractions or coined names referring to FEED INGREDIENTS shall not be used in the brand name of a PET FOOD or SPECIALTY PET FOOD unless it is in compliance with WAC 16-252-024 (3), (4), or (5).

(7) Unless a PET FOOD or SPECIALTY PET FOOD is identified on the PRINCIPAL DISPLAY PANEL as a stew, gravy, sauce, broth, aspic, juice, milk replacer, or other such name, the maximum moisture declared shall not exceed 78 PERCENT of the natural moisture content of the FEED INGREDIENTS, whichever is higher.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-252-024, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-252-024, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-252-044 Intended use statement and nutritional adequacy claims.

(1) A statement identifying the purpose of a PET FOOD or SPECIALTY PET FOOD is required on the PRINCIPAL DISPLAY PANEL of the LABEL in accordance with the following:

(a) The purpose of a PET FOOD or SPECIALTY PET FOOD shall be stated as:

(i) "Complete [Species] Food" - For food products intended to be the complete diet for ALL LIFE STAGES and sizes of a PET or SPECIALTY PET in accordance with the unqualified claims in WAC 16-252-044(2);

(ii) For food products intended to be the complete diet for a limited life stage or size of a PET or SPECIALTY PET in accordance with the qualified claims in WAC 16-252-044(3) one of the two following statements shall be used:

(A) "Complete Food for [blank]" where the blank shall be filled with one or more of the following:

(I) "Adult [Species]";

(II) "Puppies," "Kittens," or "Juvenile [Species other than dog or cat]";

(III) "Puppies (<70 lb. as an adult)"; or

(IV) "Dogs (except puppies ˃70 lb. as an adult)"; or

(B) "Complete [Blank] Food" where the blank shall be filled with one or more of the following:

(I) "Adult [Species]";

(II) "Puppy," "Kitten," or "Juvenile [Species other than dog or cat]";

(III) "Puppy (<70 lb. as an adult)"; or

(IV) "Dog (except puppies ˃70 lb. as an adult)";

(iii) "Veterinary Diet for [Species]" - For food products intended to be used under the supervision or direction of a veterinarian only in accordance with WAC 16-252-044(4);

(iv) "[Species] Treat" - For food products for PETS or SPECIALTY PETS, provided occasionally for enjoyment, training, entertainment, or other purposes, and not generally intended or represented to be a complete food or nutritional supplement;

(v) "[Species] Food Supplement" - For food products for PETS or SPECIALTY PETS that are intended to supply specific nutrient(s) or other food components but are not a complete diet;

(vi) "[Species] Food Mixer" - For food products for PETS or SPECIALTY PETS that are intended to top, accompany, or contribute to a complete diet but are not generally intended or represented to be a complete diet; or

(vii) "Daily [Specialty Pet Species] Food" - For food products that are intended to be the daily diet for SPECIALTY PETS where no recognized nutritional authority exists. A limited life stage may be indicated, i.e., "Daily [Specialty Pet Species] Food for [Juveniles or Adults]."

(b) This purpose statement shall:

(i) Appear within the bottom 30 PERCENT of the area of the LABEL PRINCIPAL DISPLAY PANEL in lines generally parallel to the base on which the package rests as it is designed to be displayed and shall be repeated on the alternate PRINCIPAL DISPLAY PANEL, if present. However, on packages having a PRINCIPAL DISPLAY PANEL of five square inches or less, the requirement for placement within the bottom 30 PERCENT of the area of the LABEL panel shall not apply;

(ii) Be at least as large as the statement of net quantity, consistent with 16 C.F.R. 500.21;

(iii) Appear in the same color and style as the statement of net quantity and on the same background color as the statement of net quantity; and

(iv) Be separated by at least a space equal to the height of the letter "N" used in the statement of net quantity from other printed LABEL information appearing above or below it and by at least a space equal to twice the width of the letter "N" of the style of text used in the quantity of contents statement from other printed LABEL information appearing to the left or right of it.

(2) The LABEL of a PET FOOD or SPECIALTY PET FOOD which is intended for ALL LIFE STAGES and sizes of the PET or SPECIALTY PET may make unqualified claims, directly or indirectly, such as "complete and balanced," "perfect," "scientific," or "100% nutritious" if at least one of the following apply:

(a) The product meets the nutrient requirements for ALL LIFE STAGES and sizes established by an AAFCO-recognized nutrient profile; or

(b) The product meets the criteria for ALL LIFE STAGES as substantiated by completion of the appropriate AAFCO-recognized animal feeding protocol(s); or

(c) Unqualified claims of nutritional adequacy that include large size dogs (˃70 lb. as an adult) can be substantiated by:

(i) Completing the appropriate protocols using large size dogs; or

(ii) Completing the appropriate protocols using dogs <70 lb. adult weight while containing no more calcium and phosphorus than the maximum limits for large size dogs listed in the AAFCO Dog Food Nutrient Profiles; or

(d) The product is a member of a product family which is nutritionally similar to a lead product which contains a combination of FEED INGREDIENTS that has been fed to a normal animal as the sole source of nourishment in accordance with the testing procedures established by AAFCO for ALL LIFE STAGES, provided that:

(i) The nutritional similarity of the FAMILY product can be substantiated according to the Procedures for Establishing Pet Food Product Families developed by AAFCO; and

(ii) The FAMILY product meets the criteria for ALL LIFE STAGES; and

(iii) Under circumstances of reasonable doubt, the DEPARTMENT may require the manufacturer to perform additional testing of the FAMILY product in order to substantiate the claim of nutritional adequacy.

(3) The LABEL of a PET FOOD or SPECIALTY PET FOOD which is intended for a limited purpose (such as size of dog) or a specific life stage, but not for ALL LIFE STAGES and sizes, may make qualified claims such as "complete and balanced," "perfect," "scientific," or "100% nutritious" when the product and claim meet both of the following:

(a) The claim is qualified with a statement of the limited purpose or specific life stage for which the product is intended or suitable, for example, "complete and balanced for puppies (or kittens)." The claim and the required qualification shall be juxtaposed (side by side or next to each other) on the same LABEL panel and in the same size, style, and color text; and

(b) The product meets at least one of the following:

(i) The nutrient requirements for the limited purpose or specific life stage established by an AAFCO-recognized nutrient profile; or

(ii) The criteria for a limited purpose or a specific life stage as substantiated by completion of the appropriate AAFCO-recognized animal feeding protocol(s).

Qualified claims of nutritional adequacy that include large size dogs can be substantiated by:

(A) Completing the appropriate protocols using large size dogs; or

(B) Completing the appropriate protocols using dogs <70 lb. adult weight while containing no more calcium and phosphorus than the maximum limits for large size dogs listed in the AAFCO Dog Food Nutrient Profiles; or

(iii) The requirements of a product FAMILY which is nutritionally similar to a lead product which contains a combination of FEED INGREDIENTS which, when fed for such limited purpose, will satisfy the nutrient requirements for such limited purpose and has had its capabilities in this regard demonstrated by adequate testing, and provided that:

(A) The nutritional similarity of the FAMILY product can be substantiated according to the Procedures for Establishing Pet Food Product Families developed by AAFCO; and

(B) The FAMILY product meets the criteria for such limited purpose; and

(C) Under circumstances of reasonable doubt, the DEPARTMENT may require the GUARANTOR to perform additional testing for the FAMILY product to substantiate the claim of nutritional adequacy.

(4) A product intended for use by, or under the supervision or direction of a veterinarian shall clearly indicate the nutritional adequacy of the product in accordance with WAC 16-252-044 (3)(a) or (c) as would be required for any other PET FOOD or SPECIALTY PET FOOD.

(5) A signed affidavit attesting that the product meets the requirements of WAC 16-250-044 (2) or (3) shall be submitted to the DEPARTMENT upon request.

(6) If the nutrient content of a product does not meet those nutrient requirements established by an AAFCO-recognized nutrient profile, or if no requirement has been established by an AAFCO-recognized nutritional authority for the life stage(s) of the intended species, the claimed nutritional adequacy of the product shall be scientifically substantiated.

(7) The following AAFCO-recognized nutritional authority, nutrient profile, and/or animal feeding protocol shall be acceptable as the basis for a claim of nutritional adequacy:

(a) As an AAFCO-recognized nutrient profile or nutritional authority:

(i) For dogs, the AAFCO Dog Food Nutrient Profiles;

(ii) For cats, the AAFCO Cat Food Nutrient Profiles;

(iii) For SPECIALTY PETS, the nutrient recommendations approved by the Committee on Animal Nutrition of the National Research Council of the National Academy of Sciences, provided that, this nutrient recommendation is recognized only for the specific SPECIALTY PETS for which the profile is intended.

(b) As an AAFCO-recognized animal feeding protocol(s), the AAFCO Dog and Cat Food Feeding Protocols.

(8) When the LABEL of a PET FOOD or SPECIALTY PET FOOD includes a comparison of the nutrient content of the food with levels established by an AAFCO-recognized nutrient profile such as a table of comparison, a PERCENTAGE, or any other designation referring to an individual nutrient or all of the nutrient levels, the following apply:

(a) The product shall meet the AAFCO-recognized nutrient profile; and

(b) The statement of comparison shall be preceded by a statement that the product meets the AAFCO-recognized profile; however, the statement that the product meets the AAFCO-recognized nutrient profile is not required provided that the nutritional adequacy statement, as per WAC 16-252-044 (1)(a) or (2)(b)(i), appears elsewhere on the product LABEL; and

(c) The statement of comparison of the nutrient content shall constitute a GUARANTEE and shall be in the nutrient GUARANTEES within the PET FOOD or SPECIALTY PET FOOD NUTRITION FACTS; and

(d) The statement of comparison shall appear on the LABEL separate and apart from the nutrient GUARANTEES within the PET FOOD or SPECIALTY PET FOOD NUTRITION FACTS.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency.

Wash. Admin. Code § 16-252-054 Pet and specialty pet nutrition facts.

(1) PET NUTRITION FACTS shall be displayed in a prominent place on the LABEL of all PET FOODS (including treats, FOOD SUPPLEMENTS, VETERINARY DIETS, and FOOD MIXERS), but not necessarily on the PRINCIPAL DISPLAY PANEL. The information shall be set off in a box by use of hairlines (fine lines) and shall be all black or one-color type, printed on a white or other neutral contrasting background so as to be clearly visible under the heading "Pet Nutrition Facts" that is centered in the top row of the box and twice the size of all other text in the box. A hairline rule that is centered between the lines of text shall separate "Pet Nutrition Facts" from the next line of text. The box contains the following required elements with all text the same size and style in the following order:

(a) The stated whole FAMILIAR HOUSEHOLD UNIT (e.g., can, measuring cup, treat, or piece), consistent with the feeding directions, and its weight in grams shall be right justified. This is set off by a bold line centered between this and the next line of text.

(b) A statement of calorie content, determined as specified in WAC 16-252-118, shall include the following:

(i) The calorie content of the product shall be stated after the left justified heading:

(A) "Calories per [familiar household unit]†: [#]" when the calorie content is determined in accordance with WAC 16-252-118 (1)(a); or

(B) "Calories per [familiar household unit] (fed): [#]" when the calorie content is determined in accordance with WAC 16-252-118 (2)(a).

(ii) Below the calorie content statement, the number of calories contributed by protein, fat, and carbohydrate shall be declared, in that order, after "From:". The "From:" line shall be indented to reflect that it is a component of the total calories on the line above. If the total calorie content of the product is determined by feeding trial in accordance with WAC 16-252-118 (2)(a), then "†" shall be declared immediately after the number of calories from carbohydrates. The determination of calories from protein, fat, and carbohydrate are as described in WAC 16-252-118 (3)(c). This is set off by a bold line centered between this and the next line of text.

(c) The nutrient GUARANTEES shall appear under the headers "Nutrients" that is left justified to the edge of the box, "Guaranteed" that is right justified to a vertical hairline that runs from this line of text to the last GUARANTEED nutrient value, and "per [familiar household unit]" that is right justified to the edge of the box. The amount "per [familiar household unit]" for each nutrient is determined by multiplying the GUARANTEED amount (concentration) by the number of grams in the FAMILIAR HOUSEHOLD UNIT and shall include the resultant unit of such amount (e.g., grams, milligrams, or international units). The GUARANTEES shall be listed in the following order with a hairline centered between each line of text:

(i) A PET FOOD LABEL shall list the following required GUARANTEED amounts, stated as a maximum or minimum, as appropriate:

(A) "Protein" is minimum PERCENTAGE of crude protein;

(B) "Fat" is minimum PERCENTAGE of crude fat;

(D) "Dietary Fiber" is maximum PERCENTAGE of total dietary fiber. The dietary fiber GUARANTEE shall be indented to reflect that it is a component of the total carbohydrate GUARANTEE on the line above;

(E) "Moisture" is maximum PERCENTAGE of moisture; and

(F) Maximum PERCENTAGE of crude fat ("Fat") shall be listed between the minimum PERCENTAGE of crude fat and the maximum PERCENTAGE "Total Carbohydrate" if required by WAC 16-252-118;

(G) Additional required or voluntary GUARANTEES shall follow moisture or ash, if listed.

(ii) When "Ash" is listed, it shall be GUARANTEED as a maximum PERCENTAGE and shall immediately follow moisture.

(iii) When listed on a PET FOOD GUARANTEES for "Dietary Starch" and "Sugars" shall be stated as maximum GUARANTEED amounts. Neither GUARANTEED amount shall be listed without the other. The GUARANTEED amount for dietary starch shall follow dietary fiber with the same indentation. The GUARANTEED amount for sugars shall follow dietary starch with the same indentation.

(iv) The "†calculated value" shall appear immediately after the last GUARANTEE below a bold line.

(v) Other additional required or voluntary GUARANTEES shall appear in accordance with the following:

(A) GUARANTEES for nutrients are in the same order and units of the nutrients in the AAFCO Dog or Cat Food Nutrient Profiles following ash, if also listed, or moisture, if ash is not listed.

(B) GUARANTEES for substances not listed in the AAFCO Dog or Cat Food Nutrient Profiles, or not otherwise provided for in this chapter, shall immediately follow the listing of the recognized nutrients and be accompanied by an asterisk (*).

(I) For any such GUARANTEES, a hairline shall be centered between the last and the next line of text;

(II) The disclaimer "*not recognized as an essential nutrient by the AAFCO Dog or Cat Food Nutrient Profiles" shall appear immediately after "†calculated value."

(III) For a PET FOOD that is intended to supply: Microorganisms, guarantees shall be declared as CFU/g; and/or enzymes shall be declared as stipulated in WAC 16-250-036(7). The enzyme activity unit meaning should follow the disclaimer within the box.

(vi) The statement of nutritional adequacy shall appear immediately below the bold line separating it from the disclaimers which follow the GUARANTEES:

(A) A statement that the PET FOOD meets the requirements of one or more of the recognized categories of nutritional adequacy: Gestation/lactation, growth, maintenance, and ALL LIFE STAGES. It shall be stated verbatim as one of the following:

(I) "(Name of product) is formulated to meet the nutritional levels established by the AAFCO Dog or Cat Food Nutrient Profiles for ________." (Blank is to be completed by using the stage or stages of the pet's life, such as gestation/lactation, growth, maintenance, or the words "All Life Stages".) For a dog food, when the blank includes the words "Growth" or "All Life Stages," one of the following phrases must also be added verbatim to the end of the claim:

• "... including growth of large size dogs (70 lb. or more as an adult)" if the product has been formulated to meet the levels of nutrients specifically referenced in the Dog Food Nutrient Profiles as being applicable to large size growing dogs.

• "... except for growth of large size dogs (70 lb. or more as an adult)" if the product has not been formulated to meet the levels of nutrients specifically referenced in the Dog Food Nutrient Profiles as being applicable to large size growing dogs; or

(II) "Animal feeding tests using AAFCO procedures substantiate that (Name of Product) provides complete and balanced nutrition for _____." (Blank is to be completed by using the stage or stages of the pet's life tested, such as, gestation/lactation, growth, maintenance, or the words "All Life Stages"); or

(III) "(Name of product) provides complete and balanced nutrition for ______. (Blank is to be completed by using the stage or stages of the pet's life, such as gestation, lactation, growth, maintenance, or the words "All Life Stages") and is comparable in nutritional adequacy to a product which has been substantiated using AAFCO feeding tests."

(B) A nutritional or dietary statement for purposes other than those listed in WAC 16-252-044 (2) or (3) if the statement is scientifically substantiated; or

(C) The statement: "This product is intended for intermittent or supplemental feeding only," if a product does not meet the requirements of WAC 16-252-044 (2) or (3) or any other special nutritional or dietary need and so is suitable only for limited or intermittent or supplementary feeding.

(2) SPECIALTY PET NUTRITION FACTS shall be displayed in a prominent place on the LABEL of all SPECIALTY PET FOODS (including treats, FOOD SUPPLEMENTS, VETERINARY DIETS, and FOOD MIXERS), but not necessarily on the PRINCIPAL DISPLAY PANEL. The information shall be set off in a box by use of hairlines and shall be all black or one-color type, printed on a white or other neutral contrasting background so as to be clearly visible under the heading "Specialty Pet Nutrition Facts" that is centered in the top row of the box and twice the size of all other text in the box. A hairline rule that is centered between the lines of text shall separate "Specialty Pet Nutrition Facts" from the next line of text. The box contains the following required elements with all text the same size and style in the following order:

(b) The nutrient GUARANTEES shall appear under the headers "Nutrients" that is left justified to the edge of the box, "Guaranteed" that is right justified to a vertical hairline that runs from this line of text to the last GUARANTEED nutrient values, and "per [familiar household unit]" that is right justified to the edge of the box. The amount "per [familiar household unit]" for each nutrient is determined by multiplying the GUARANTEED amount (concentration) by the number of grams in the FAMILIAR HOUSEHOLD UNIT and shall include the resultant unit of such amount (e.g., grams, milligrams, or international units). The GUARANTEES shall be listed in the following order with a hairline centered between each line of text:

(i) A SPECIALTY PET FOOD LABEL shall list the following required GUARANTEED amounts, stated as a maximum or minimum, as appropriate:

(A) "Protein" is minimum PERCENTAGE of crude protein;

(B) "Fat" is minimum PERCENTAGE of crude fat;

(E) "Moisture" is maximum PERCENTAGE of moisture;

(F) Additional required or voluntary GUARANTEES shall follow moisture or ash, if listed.

(ii) When "Ash" is listed, it shall be GUARANTEED as a maximum PERCENTAGE and shall immediately follow moisture.

(iii) When listed on the SPECIALTY PET FOOD LABEL, GUARANTEES for "Dietary Starch" and "Sugars" shall be stated as maximum GUARANTEED amounts. Neither GUARANTEED amount shall be listed without the other. The GUARANTEED amount for dietary starch shall follow dietary fiber with the same indentation. The GUARANTEED amount for sugars shall follow dietary starch with the same indentation.

(iv) The "†calculated value" shall appear immediately after the last GUARANTEE below a bold line.

(v) Other additional required or voluntary GUARANTEES shall appear in accordance with the following:

(A) These GUARANTEES shall follow ash, if also listed, or moisture, if ash is not listed;

(B) GUARANTEES for nutrients are in the same order and units of the nutrients in an AAFCO-recognized nutrient profile for the intended animal species; however, if no species-specific AAFCO-recognized nutrient profile is available, the order and units shall follow the same order and units of nutrients in the AAFCO Cat Food Nutrient Profile;

(C) For those SPECIALTY PET species with an AAFCO-recognized nutrient profile for the intended animal species, GUARANTEES for substances not listed in that profile, or not otherwise provided for in this chapter, shall immediately follow the listing of the recognized nutrients and be accompanied by an asterisk (*).

(I) For any such GUARANTEES, a hairline shall be centered between the last and the next line of text;

(II) The disclaimer "*not recognized as an essential nutrient by the _____." (Blank is to be completed by listing the specific AAFCO-recognized nutrient profile) shall appear immediately after the last such GUARANTEED amounts.

(III) No such disclaimer shall appear unless an AAFCO-recognized nutrient profile is available for the specific species of SPECIALTY PET.

(IV) For a SPECIALTY PET FOOD that is intended to supply: Microorganisms, GUARANTEES shall be declared as CFU/g; and/or enzymes shall be declared as stipulated in WAC 16-250-036(7). The enzyme activity unit meaning should follow the disclaimer within the box.

(vi) The statement of nutritional adequacy shall appear immediately below the bold line separating it from the GUARANTEES as one of the following:

(A) For DAILY FOODS for those SPECIALTY PET species where no recognized nutritional authority exists, the statement: "This product is intended to be a daily food."

(B) For all other SPECIALTY PET FOODS:

(I) A statement substantiating that the SPECIALTY PET FOOD meets the requirements for nutritional adequacy in WAC 16-252-044 (2) or (3) by an AAFCO-recognized nutritional authority. It shall be stated verbatim as the following: "(Name of product) is formulated to meet the nutritional levels established by [the AAFCO-recognized authority as referenced in WAC 15-252-044] for _____." (Blank is to be completed by stating the species and the stage(s) of the SPECIALTY PET'S life.);

(II) A nutritional or dietary claim for purposes other than those listed in WAC 16-252-044 (2) or (3) if the claim is scientifically substantiated; or

(III) The statement: "This product is intended for intermittent or supplemental feeding only.", if a product is suitable only for limited or intermittent or supplementary feeding.

(3) PET or SPECIALTY PET FOOD SUPPLEMENTS: NUTRITION FACTS of a PET FOOD or a SPECIALTY PET FOOD which is formulated as and represented to be a PET FOOD or a SPECIALTY PET FOOD SUPPLEMENT shall include all of the information required in WAC 16-252-054 (2) or (3) except that GUARANTEES shall only be displayed on a per feeding unit (e.g., tablets, capsules, granules, or liquids) basis:

(a) For a FOOD SUPPLEMENT that is intended to be a source of nutrients, GUARANTEES shall appear for all nutrients that the product is intended to provide under the headers "Nutrients" that is left justified to the edge of the box and "per [feeding unit]" that is right justified to the edge of the box:

(i) For nutrients with an established requirement by an AAFCO-recognized nutrient profile, minimum GUARANTEES shall be declared in the same order and units (i.e., g, mg, or IU) specified in the AAFCO-recognized nutrient profile for the intended species; or

(ii) When no species-specific nutrient profile has been recognized by AAFCO, minimum GUARANTEES shall be declared in the same order and units (i.e., g, mg, or IU) specified in the AAFCO Cat Food Nutrient Profiles; and

(iii) GUARANTEES for substances not listed in an AAFCO-recognized nutrient profile for the intended animal species, or not otherwise provided for in these regulations, shall immediately follow the listing of the recognized nutrients and be accompanied by an asterisk (*).

(A) For any such GUARANTEES, a hairline shall be centered between the last and the next line of text;

(B) The disclaimer "*not recognized as an essential nutrient by the _____." (Blank is to be completed by listing the specific AAFCO-recognized nutrient profile) shall appear immediately after the last such GUARANTEED amounts. No such disclaimer shall appear unless an AAFCO-recognized nutrient profile is available for the specific species of SPECIALTY PET.

(b) For a FOOD SUPPLEMENT that is intended to supply microorganisms and/or enzymes, GUARANTEES shall be declared as specified in WAC 16-250-036 (7) or (8) on a per feeding unit (e.g., tablets, capsules, granules, or liquids) basis. The enzyme activity unit meaning should follow the disclaimer within the box.

(4) The sliding scale method of expressing a GUARANTEED amount on a PET FOOD or SPECIALTY PET FOOD LABEL (for example, "Protein 15–18% Min") is prohibited.

(5) Protein, fat, calculated total carbohydrate, or dietary fiber are not required when the PET FOOD or SPECIALTY PET FOOD is intended for purposes other than to furnish these substances or they are of minor significance relative to the primary purpose of the product, such as a mineral or vitamin supplement.

(6) For small packages with a total printable area of more than 12 square inches and less than or equal to 40 square inches, all information required in WAC 16-252-054 (1), (2), or (3) shall appear, but may appear in a linear format. This information shall appear separate and distinct from any other information. In the linear format, the required information shall:

(a) Appear in the same order as required by WAC 16-252-054 (1), (2), or (3) but without the formatting described;

(b) Text shall be all black or one-color type and all text shall be the same size and style, except that the heading "Pet Nutrition Facts" or "Specialty Pet Nutrition Facts" shall be bolded;

(d) The GUARANTEED amount shall appear immediately after the amount "per [familiar household unit]" for each nutrient with the GUARANTEED amount enclosed in parentheses and all units clearly identified;

(e) The following abbreviations may be used: Total Carbohydrate as "Carb†," Dietary Fiber as "Fiber."

(7) For very small packages with a total printable area of less than or equal to 12 square inches, the information required elsewhere in WAC 16-252-036 is not required to appear on the LABEL. However, all information specified elsewhere in WAC 16-252-036 for the particular product type shall be determined and shall be submitted to the DEPARTMENT upon request. The following limited information is required to appear on the LABEL:

(a) This information shall appear separate and distinct from any other information;

(b) Text shall be all black or one-color type and all text shall be the same size and style, except that the heading "Nutrition Facts" shall be bolded;

(d) For PET FOODS, only total calories are required and shall be stated as:

(i) "Cal (calc): [#]" when the calorie content is determined in accordance with WAC 16-252-118 (1)(a); or

(ii) "Cal (fed): [#]" when the calorie content is determined in accordance with WAC 16-252-118 (1)(b).

(e) GUARANTEED amounts shall be stated in weight per entire contents (e.g., grams per pouch). The following required amounts stated as a maximum or minimum, as appropriate:

(i) "Protein" is crude protein;

(ii) "Fat" is crude fat;

(iii) "Carb" is calculated from [100 - (% Crude Protein + % Crude Fat + % Moisture + % Ash)];

(iv) "Fiber" is total dietary fiber;

(v) "Moisture" is moisture; and

(vi) Additional required or voluntary GUARANTEES shall follow moisture or ash, if listed, and shall comply with the requirements for such GUARANTEES in WAC 16-252-036 (1)(c), as appropriate, except that they shall be stated only in weight per entire contents.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency.

Wash. Admin. Code § 16-252-064 Ingredients.

(1) Each FEED INGREDIENT of a PET FOOD or SPECIALTY PET FOOD shall be listed in the INGREDIENT STATEMENT as follows:

(a) The names of all FEED INGREDIENTS in the INGREDIENT STATEMENT shall be shown in letters or type of the same size, style and color, except where the defined name of the FEED INGREDIENT includes genus and species (e.g., microorganisms) which may be shown in italics;

(b) The FEED INGREDIENTS shall be listed in descending order by their predominance by weight in nonquantitative terms, except if the FEED INGREDIENT is a vitamin and/or mineral premix, the premix may be declared in order of predominance by the name "vitamins" or "minerals" as appropriate, followed by a parenthetical listing of all the vitamins and/or minerals in the premix, each in their order of predominance by weight as listed on the INGREDIENT STATEMENT of the premix LABEL;

(c) As published in the Official Feed Terms, Common or Usual Ingredient Names and Ingredient Definitions of Feed Ingredients in the AAFCO Official Publication or Common Food Index and Definitions of Feed Ingredients, except any FEED INGREDIENT for which no AAFCO FEED INGREDIENT name exists shall be identified by the common or usual name;

Any FEED INGREDIENT suitable for use in PET FOOD or SPECIALTY PET FOOD for which there is a codified standard of identity in Title 9 or 21 of the Code of Federal Regulations shall be declared in accordance with the applicable regulation, which includes the name of the standardized food followed by a parenthetical listing of its FEED INGREDIENTS, if necessary, as provided in the regulation.

(2) The ingredient "meat," "meat by-products," "poultry," or "poultry by-products" shall be qualified to designate the animal from which the meat or meat by-products are derived unless the FEED INGREDIENTS are derived from cattle, swine, sheep, goats, or any combination thereof or the poultry or poultry meal are derived from chickens, turkeys, ducks, geese, guineas, ratites, or squabs, or any combination thereof. For example, FEED INGREDIENTS derived from deer shall be listed as "venison" or "venison by-products";

(a) For FEED INGREDIENTS consisting of fish, "fish meal," or "fish by-products," the name of the FEED INGREDIENT may include "fish" without further specification of the type of the fish or if it bears a name descriptive of its kind (e.g., "ocean whitefish" or by using the acceptable market name(s) or common name (but not any vernacular or slang names) of the individual fish species in the FEED INGREDIENT as established by the United States Food and Drug Administration (FDA Seafood List), it must correspond thereto; and

(b) For purposes of FEED INGREDIENT LABELING of PET FOOD or SPECIALTY PET FOOD, "sugar" shall refer to sucrose, which is obtained from sugar cane or sugar beets in accordance with the provisions in Title 21 of the Code of Federal Regulations. For all other LABELING purposes outside the ingredient list, "sugar" shall be synonymous with "sugars" as defined in the AAFCO Official Feed Terms.

(3) Brand or trade names shall not be used in the INGREDIENT STATEMENT.

(4) A reference to the quality or grade of a FEED INGREDIENT shall not be allowed in the INGREDIENT STATEMENT.

(5) If there is no official definition for a FEED INGREDIENT in the AAFCO Official Publication, then a FEED INGREDIENT with an AAFCO tentative definition may be used.

(6) Each FEED INGREDIENT of a PET FOOD or SPECIALTY PET FOOD must be listed separately. Collective terms may not be used on PET FOOD or SPECIALTY PET FOOD LABELING.

(7) If properly used as specified by the USDA National Organic Program (7 C.F.R. Part 205), the term "organic" does not apply to WAC 16-250-064(4).

(8) A reference to the nature, form, or other attribute of a FEED INGREDIENT shall be allowed in the INGREDIENT STATEMENT when that attribute imparts a distinctive characteristic to the PET FOOD or SPECIALTY PET FOOD.

(9) Any reference to the PERCENTAGE of a FEED INGREDIENT or combination of FEED INGREDIENTS, by symbol or word, in the brand or PRODUCT NAME or elsewhere on a PET FOOD or SPECIALTY PET FOOD LABEL, shall be based in relation to the total weight of all FEED INGREDIENTS in the product.

(a) The names of the FEED INGREDIENT(S) shall appear in order of predominance by weight in the product, provided that names of flavors due to their varying intensity can be in any order.

(b) Where water sufficient for processing is excluded from the declared PERCENTAGE, the exclusion of water shall be indicated in words juxtaposed (side by side or next to each other) to, the same style and color text, and at least one-half the text size of the stated PERCENTAGE (e.g., "95% beef exclusive of water" or "95 PERCENT chicken and liver exclusive of water").

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-252-064, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-252-064, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-252-094 Drugs and pet food and specialty pet food additives.

(1) An artificial color may be used in a PET FOOD or SPECIALTY PET FOOD only if it has been shown to be harmless to PETS or SPECIALTY PETS. The permanent or provisional listing of an artificial color in the United States Food and Drug Administration (FDA) regulations as safe for use, together with the conditions, limitations, and tolerances, if any, incorporated therein, shall be deemed to be satisfactory evidence that the color is, when used pursuant to such regulations, harmless to PETS or SPECIALTY PETS.

(2) Evidence may be required to prove the safety and efficacy or utility of a PET FOOD or SPECIALTY PET FOOD which contains additives or DRUGS, when used according to directions furnished on the LABEL. Satisfactory evidence of the safety and efficacy of a PET FOOD or SPECIALTY PET FOOD may be established:

(a) When the PET FOOD or SPECIALTY PET FOOD contains such additives, the use of which conforms to the requirements of the applicable regulation in 21 C.F.R., or which are "prior sanctioned" or "informal review sanctioned" or "generally recognized as safe" for such use; or

(b) When the PET FOOD or SPECIALTY PET FOOD itself is a DRUG or contains a DRUG as defined in RCW 15.53.901 and is "generally recognized as safe and effective" for the LABELED use or is marketed subject to an application approved by the FDA under 21 U.S.C. 360(b).

(3) When a DRUG is included in a PET FOOD or SPECIALTY PET FOOD, the format required by WAC 16-250-014(4) for LABELING MEDICATED FEEDS shall be used.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-252-094, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-252-094, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-252-106 Feeding directions.

(1) All PET FOODS and SPECIALTY PET FOODS shall bear feeding directions consistent with the purpose statement on the PRINCIPAL DISPLAY PANEL.

(2) PET FOOD, including treats and FOOD MIXERS, LABELED as complete and balanced for any or ALL LIFE STAGES, as provided in WAC 16-252-044 (3)(a), except those PET FOODS LABELED in accordance with WAC 16-252-044(4), shall list feeding directions on the product LABEL. These directions shall be expressed in common terms and shall appear prominently on the LABEL. Feeding directions shall, at a minimum, include the amount of FAMILIAR HOUSEHOLD UNIT of product per weight of (dog or cat). The frequency of feeding shall also be specified.

(3) SPECIALTY PET FOOD, including treats or FOOD MIXERS, LABELED as complete and balanced for any or ALL LIFE STAGES, as provided in WAC 16-252-044(1), or as a DAILY FOOD, shall list feeding directions on the product LABEL. These feeding directions shall be adequate to meet the feeding requirements of the intended species of the SPECIALTY PET. These directions shall be expressed in common terms and shall appear prominently on the LABEL. The frequency of feeding shall also be specified.

(4) PET FOOD or SPECIALTY PET FOOD SUPPLEMENTS shall list feeding directions on the product LABEL. The directions must be expressed in common terms and appear prominently on the LABEL and, at minimum, include the quantity of feeding unit, e.g., tablets, capsules, granules, or liquids) per weight of animal. The frequency of feeding shall also be specified.

(5) When a PET FOOD or SPECIALTY PET FOOD is intended for use by or under the supervision or direction of a veterinarian, the statement: "Use only as directed by your veterinarian" may be used in lieu of feeding directions.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-252-106, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-252-106, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-252-118 Determination of calorie content.

(1)The statement shall be determined in terms of metabolizable energy (ME) on an "as fed" moisture basis by one of the following methods then converted to Calories (kcal) per the FAMILIAR HOUSEHOLD UNIT (i.e., can, measuring cup, treat, or piece):

(a) By calculation using the following "Modified Atwater" formula: ME (kcal/kg) = 10[(3.5 × CP) + (8.5 × CF) + (3.5 × NFE)], where ME = metabolizable energy, CP = % crude protein "as fed," CF = % crude fat "as fed," NFE = % nitrogen-free extract (carbohydrate) "as fed," and the PERCENTAGES of CP and CF are the average values of these components in the product as determined by sound scientific methods, such as, but not limited to, scientifically accurate calculations made from the formula of the product or upon chemical analysis of the product. The NFE is calculated as the difference between 100 and the sum of CP, CF, and the PERCENTAGES of crude fiber, moisture and ash (determined in the same manner as CP and CF); or

(b) In accordance with testing procedures determined by AAFCO (indicated as "(fed)" in the PET NUTRITION FACTS.

(2) An affidavit shall be provided upon the request of the department substantiating that the calorie content was determined by:

(a) WAC 16-252-118 (1)(c)(i) in which case the summary data used in the calculation shall be included in the affidavit; or

(b) WAC 16-252-118 (1)(c)(ii) in which case the summary data used in the determination of calorie content shall accompany the affidavit.

(3) The calories from protein, fat, and carbohydrate as required in the PET NUTRITION FACTS are determined using the following calculation, then converted to Calories (kcal) per the FAMILIAR HOUSEHOLD UNIT (i.e., can, measuring cup, treat, or piece):

(a) Protein: ME (kcal/kg) = 10(3.5 × CP), where ME = metabolizable energy, CP = % crude protein "as fed" and the PERCENTAGE of CP is the average value in the product as determined by sound scientific methods, such as, but not limited to, scientifically accurate calculations made from the formula of the product or upon chemical analysis of the product.

(b) Fat: ME (kcal/kg) = 10(8.5 × CF), where ME = metabolizable energy, CF = % crude fat "as fed" and the PERCENTAGE of CF is the average value in the product as determined by sound scientific methods, such as, but not limited to, scientifically accurate calculations made from the formula of the product or upon chemical analysis of the product.

(c) Carbohydrate: ME (kcal/kg) = 10(3.5 × NFE), where ME = metabolizable energy, NFE is calculated as the difference between 100 and the sum of CP, CF, and the PERCENTAGES of crude fiber, moisture, and ash; CP = % crude protein "as fed," CF = % crude fat "as fed" and the PERCENTAGES are the average values of these components in the product as determined by sound scientific methods, such as, but not limited to, scientifically accurate calculations made from the formula of the product or upon chemical analysis of the product.

(4) Comparative claims shall not be false, misleading, or given undue emphasis and shall be based on the same methodology for the products compared.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency.

Wash. Admin. Code § 16-252-121 Descriptive terms.

(1) Calorie terms:

(a) "Light":

(i) A dog food product which bears on its LABEL the terms "light," "lite," "low calorie," or words of similar designation shall:

(A) Contain no more than 3100 kcal ME/kg for products containing less than 20 PERCENT moisture, no more than 2500 kcal ME/kg for products containing 20 PERCENT or more but less than 65 PERCENT moisture, and no more than 900 kcal ME/kg for products containing 65 PERCENT or more moisture; and

(B) Include on the LABEL feeding directions which reflect a reduction in calorie intake consistent with the purpose statement.

(ii) A cat food product which bears on its LABEL the terms "light," "lite," "low Calorie," or words of similar designation shall:

(A) Contain no more than 3250 kcal ME/kg for products containing less than 20 PERCENT moisture, no more than 2650 kcal ME/kg for products containing 20 PERCENT or more but less than 65 PERCENT moisture, and no more than 950 kcal ME/kg for products containing 65 PERCENT or more moisture; and

(B) Include on the feeding directions which reflect a reduction in calorie intake consistent with the purpose statement.

(b) "Less" or "Reduced Calories":

(i) A PET FOOD product which bears on its LABEL a claim of "less Calories," "reduced Calories," or words of similar designation, shall include on the LABEL:

(A) The name of the product of comparison and the PERCENTAGE of calorie reduction (expressed on an equal weight basis) explicitly stated and juxtaposed (side by side or next to each other) with the largest or most prominent use of the claim on each panel of the LABEL on which the term appears;

(B) The comparative statement printed in type of the same color and style and at least one-half the type size used in the claim; and

(C) Feeding directions which reflect a reduction in calories compared to feeding directions for the product of comparison.

(ii) A comparison between products in different categories of moisture content (i.e., less than 20 PERCENT, 20 PERCENT or more but less than 65 PERCENT, 65 PERCENT or more) is misleading.

(2) Fat terms:

(a) "Lean":

(i) A dog food product which bears on its LABEL the terms "lean," "low fat," or words of similar designation shall:

(A) Contain no more than nine PERCENT fat for products containing less than 20 PERCENT moisture, no more than seven PERCENT fat for products containing 20 PERCENT or more but less than 65 PERCENT moisture, and no more than four PERCENT fat for products containing 65 PERCENT or more moisture;

(B) Include on the product LABEL in the nutrient GUARANTEES:

(I) A maximum fat GUARANTEE immediately following the minimum fat GUARANTEE in addition to the mandatory information as specified in WAC 16-252-036 (1)(c); and

(II) A maximum fat GUARANTEE which is no more than nine PERCENT fat for products containing less than 20 PERCENT moisture, no more than seven PERCENT fat for products containing 20 PERCENT more but less than 65 PERCENT moisture, and no more than four PERCENT fat for products containing 65 PERCENT or more moisture.

(ii) A cat food product which bears on its LABEL the terms "lean," "low fat," or words of similar designation shall:

(A) Contain a maximum PERCENTAGE of fat which is no more than 10 PERCENT fat for products containing less than 20 PERCENT moisture, no more than eight PERCENT fat for products containing 20 PERCENT or more but less than 65 PERCENT moisture, and no more than five PERCENT fat for products containing 65 PERCENT or more moisture; and

(B) Include on the product LABEL in the nutrient GUARANTEES:

(I) A maximum fat GUARANTEES immediately following the minimum fat GUARANTEES in addition to the mandatory information as specified in WAC 16-252-036 (1)(c); and

(II) A maximum fat GUARANTEES which is no more than 10 PERCENT fat for products containing less than 20 PERCENT moisture, no more than eight PERCENT fat for products containing 20 PERCENT or more but less than 65 PERCENT moisture, and no more than five PERCENT fat for products containing 65 PERCENT or more moisture.

(b) "Less" or "Reduced Fat":

(i) A PET FOOD product which bears on its LABEL a claim of "less fat," "reduced fat," or words of similar designation, shall include on the LABEL:

(A) The name of the product of comparison and the PERCENTAGE of fat reduction (expressed on an equal weight basis) explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the LABEL on which the term appears;

(B) The comparative statement printed in type of the same color and style and at least one-half the type size used in the claim; and

(C) A maximum GUARANTEE immediately following the minimum fat GUARANTEE in addition to the mandatory information as specified in WAC 16-252-036 (1)(c).

(ii) A comparison on the LABEL between products in different categories of moisture content (i.e., less than 20 PERCENT, 20 PERCENT or more but less than 65 PERCENT, 65 PERCENT or more) is misleading.

(3) Carbohydrate terms:

(a) "Low" carbohydrate, dietary starch, and sugars claims. A claim of "low carbohydrates," "low dietary starch," "low sugars" (or a combination thereof) is not allowed.

(b) "Less" or "reduced" carbohydrates, dietary starch, and sugars claims.

(i) A PET FOOD product that bears on its LABEL a claim of "less ____" or "reduced ____" (blank is to be completed by using "carbohydrates," "dietary starch," or "sugars"), or words of similar designation, shall include on the LABEL:

(A) The name of the product of comparison and the PERCENTAGE of reduction in total dietary starch plus sugars (expressed on an equal weight basis) explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the LABEL on which the term appears; and

(B) The comparative statement printed in type of the same color and style and not less than one-half the size used in the claim; and

(ii) A comparison between products in different categories of moisture content (i.e., less than 20 PERCENT, 20 PERCENT or more but less than 65 PERCENT, 65 PERCENT or more) is misleading.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-252-121, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-252-121, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-252-122 Guarantor—Manufacturer or distributor—Name and address.

(1) The LABEL of a PET FOOD or SPECIALTY PET FOOD shall specify the business or corporate name and address of the GUARANTOR which may be the manufacturer or distributor. When the PET FOOD or SPECIALTY PET FOOD is not MANUFACTURED by the PERSON whose name appears on the LABEL, the name shall be qualified by a phrase that reveals the connection such PERSON has with such food; such as "Manufactured for ______," "Distributed by ______," or any other wording that expresses the facts. The statement of the place of business shall include the street address, city, state, zip code, and phone number; however, the street address may be omitted if such street address is shown in a readily accessible, widely published, and publicly available resource including, but not limited to, a printed directory, electronic database, or website.

(2) When a PERSON MANUFACTURES, packs or DISTRIBUTES a PET FOOD or SPECIALTY PET FOOD in a place other than the principal place of business, the LABEL may state the principal place of business in lieu of the actual place where each package of such PET FOOD or SPECIALTY PET FOOD was MANUFACTURED or packaged or from where each package is to be DISTRIBUTED.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-252-122, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-252-122, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-252-125 Handling and storage instructions.

(1) A PET FOOD or SPECIALTY PET FOOD product which bears handling and storage instructions shall display such instructions under the bolded header "Handling and Storage Instructions:" that is separate and distinct from any feeding directions. A header is not required for small packages with a total printable area less than 40 square inches. If any graphics are used to support handling and storage instructions, only the following graphics with the accompanying text, may be included, with the handling and storage instructions section, as applicable. The graphics (black and white or color) with accompanying text shall be obtained from the AAFCO website: https://www.aafco.org/pflm/.

| | | --- |

(2) The handling and storage instructions, if present, shall be displayed in a conspicuous manner so to render them likely to be read under typical conditions of use. Any use of the handling and storage instructions graphics shall be no smaller than:

| Panel Size | Minimum Graphic Size (top of circle to bottom of text) | | --- | --- | | ≤40 in.2 | 1/2 in. | | ˃40 - ≤100 in.2 | 1 in. | | ˃100 - ≤400 in.2 | 1 3/4 in. | | ˃400 in.2 | 2 in. |

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-252-125, filed 6/6/25, effective 7/7/25.

Wash. Admin. Code § 16-252-136 Adulterants.

(1) The DEPARTMENT adopts: 21 C.F.R. Chapter I, Part 589, Substances Prohibited from Use in Animal Food or Feed.

(2) For the purpose of RCW 15.53.902, the terms "poisonous or deleterious substances" include, but are not limited to, the following:

(a) When screenings are added to a PET FOOD or SPECIALTY PET FOOD, the screening must not contain any seed, pesticide, or other product that renders it adulterated within the meaning of RCW 15.53.902; and

(b) Be ground fine enough or otherwise treated to destroy the viability of the noxious weed seeds contained in the screening so that the finished product contains no more than one viable prohibited noxious weed seed per pound and not more than 25 viable restricted noxious weed seeds per pound.

(3) For purposes of this chapter, prohibited noxious weed seeds are those listed in WAC 16-301-045 (prohibited noxious weed seeds) and restricted noxious weed seeds are those listed in WAC 16-301-050 (restricted noxious weed seeds).

(4) PET FOOD or SPECIALTY PET FOOD containing raw or unprocessed animal waste is adulterated under this chapter.

(5) In addition to the requirements under subsection (2) of this section, the terms "poisonous substances" or "deleterious substances" as used in RCW 15.53.902 include, but are not limited to, any FEED INGREDIENT that contains more than 20 parts per billion aflatoxin B1, B2, G1, G2, individually or in total.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-252-136, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-252-136, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-252-148 Current good manufacturing practices and hazard analysis and risk-based preventive controls.

The DEPARTMENT adopts the following as current good manufacturing practices:

(1) The requirements of 21 C.F.R. Part 507 – Current good manufacturing practice, hazard analysis, and risk-based preventive controls for food for animals.

(2) The requirements of 21 C.F.R. Part 113 – Thermally processed low-acid foods packaged in hermetically sealed containers.

(3) The regulations and requirements governing emergency permit control in 21 C.F.R. Part 108.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-252-148, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-252-148, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-252-164 Recordkeeping requirements.

Records relating the LOT IDENTIFIER, manufacture, processing, packing, distribution, receipt, holding, registration, and substantiation of the product must be kept for two years after the last date of distribution, unless otherwise specified.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-252-164, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-252-164, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-252-178 Registration requirements.

(1) Any PERSON who DISTRIBUTES a PET FOOD or SPECIALTY PET FOOD in or into this state must register the product with the department as required under RCW 15.53.9014.

(2) The registration application, which includes renewal applications, must be complete, accurate, legible, and submitted as prescribed by the DEPARTMENT and includes (at a minimum):

(a) The name, mailing address, physical address, and contact information of the applicant;

(b) The name, mailing address, physical address, contact information, and FDA Establishment Identifier (FEI) number and/or unique business identifier (UBI) of the GUARANTOR;

(c) The name, mailing address, physical address, contact information, and FDA Establishment Identifier (FEI) number and/or unique business identifier (UBI) of the manufacturer;

(d) Type of activities the manufacturer is engaged in:

(i) Species of animals the FACILITY MANUFACTURES products for the GUARANTOR;

(ii) Types of product the FACILITY handles.

(e) Package size:

(i) Number of products DISTRIBUTED only in packages of 10 pounds or more;

(ii) Number of products DISTRIBUTED both in packages of less than 10 pounds and/or packages of 10 pounds or more.

(f) Applicant's signature;

(g) Date signed;

(h) Electronic product LABEL(S) named in accordance with the specified naming convention; and

(i) Registration fees and late fee(s) as specified in RCW 15.53.9014(3).

(3) Currently registered PET FOOD and SPECIALTY PET FOOD products are required to be submitted as new products if there are changes to the LABEL that go beyond the QUANTITY STATEMENT or minor graphics changes.

If both a new version of the LABEL, and an old version of the LABEL are in distribution at the same time, both versions are required to be registered until the old version is no longer in the channels of distribution. At that time the old version may be withdrawn from the registration.

(4) Registration application forms can be obtained from the DEPARTMENT online at https://agr.wa.gov/departments/animals-livestock-and-pets/animal-feed/forms; by emailing the animal feed program at petfood@agr.wa.gov, or by phone at 360-902-1844.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-252-178, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012 and 15.53.9018. WSR 20-03-110, § 16-252-178, filed 1/15/20, effective 2/15/20. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-252-178, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-252-182 Semi-annual feed distribution reporting requirements and inspection fees.

(1)(a) Each registrant must file a semi-annual report on forms provided by the DEPARTMENT setting forth the number of TONS of PET FOOD or SPECIALTY PET FOOD DISTRIBUTED in or into this state as required by RCW 15.53.9018.

(b) The report must include the amount of PET FOOD or SPECIALTY PET FOOD DISTRIBUTED by type of species and product category, applicant's signature, and date signed.

(2) An inspection fee of 12 cents per TON on all PET FOOD or SPECIALTY PET FOOD DISTRIBUTED in or into this state during the year must accompany the semi-annual report.

(3) The minimum inspection fee, the late fee, and exceptions to payment of the fee are described in RCW 15.53.9018.

(4) Reports where no fees are due may be submitted electronically (via email) in accordance with the specified naming convention.

(5) Semi-annual reporting forms can be obtained online at https://agr.wa.gov/departments/animals-livestock-and-pets/animal-feed/forms; by emailing the animal feed program at petfood@agr.wa.gov; or by phone at 360-902-1844.

(6) Any reports and associated fees may be submitted to the department by mail to:

Washington State Department of Agriculture

Animal Feed Program

P.O. Box 42591

Olympia, WA 98504-2591

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-252-182, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012 and 15.53.9018. WSR 20-03-110, § 16-252-182, filed 1/15/20, effective 2/15/20. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-252-182, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-252-185 Refunds.

(1) Any PERSON may request a refund if they can show a specified amount over $50 was paid in error. Refund requests must be received in writing to the DEPARTMENT at the address referenced in WAC 16-252-182(5) or emailed to petfood@agr.wa.gov within 90 calendar days of the payment and include the following information:

(a) Name and address of applicant.

(b) Total amount of refund request with rationale.

(2) If approved, the DEPARTMENT must process the requested funds within 60 business days.

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-252-185, filed 6/6/25, effective 7/7/25.

Wash. Admin. Code § 16-252-194 Access to publications adopted under this chapter.

U.S. Government Publishing Office

P.O. Box 979050

St. Louis, MO 63197-9000

Phone 1-866-512-1800

AAFCO

1800 South Oak Street, Suite 100

Champaign, IL 61820

Phone 217-356-4221

(3) A copy of these publications are available for inspection at:

Washington State Department of Agriculture

Natural Resources Building

1111 Washington Street S.E.

Olympia, WA 98504-2560

History

Statutory Authority: RCW 15.53.9012. WSR 25-13-018, s 16-252-194, filed 6/6/25, effective 7/7/25. Statutory Authority: RCW 15.53.9012, 15.53.9013, 15.53.9016, and chapter 34.05 RCW. WSR 18-21-191, § 16-252-194, filed 10/24/18, effective 11/24/18.

Chapter 16-256 Commercial feed rules—Processed animal waste.

Wash. Admin. Code § 16-256-001 Effective date.

Chapter 16-256 WAC, Commercial feed rules—Processed animal waste, becomes effective on July 1, 2004.

History

Statutory Authority: Chapters 15.53 and 34.05 RCW. WSR 03-23-131, § 16-256-001, filed 11/19/03, effective 7/1/04.

Wash. Admin. Code § 16-256-010 "Animal waste" and "processed" defined.

"Animal wastes" means a material composed of excreta, with or without bedding materials and/or animal drugs, collected from poultry, ruminants or other animals except humans.

"Lot identifier" means a unique identifier for each lot, batch or production run that enables the manufacturer to accurately trace the complete manufacturing and distribution history of the product. A lot identifier is an individual lot, batch or production run number, code, date, or other suitable identification applied to the label, container, or package. In the case of bulk feed the lot identifier is on a label, invoice, or shipping document accompanying the feed.

"Processed," as applied to animal waste, means thermally dehydrated, dry-stacked, ensiled, oxidized, chemically treated, microbiologically digested, chemically or physically fractionated, or treated by other processes that enable an animal waste product to comply with the standards established in this chapter.

| Note: | Commercial feed containing raw or unprocessed animal waste is considered adulterated under WAC 16-250-120(3). | | --- | --- |

History

Statutory Authority: Chapters 15.53 and 34.05 RCW. WSR 03-23-131, § 16-256-010, filed 11/19/03, effective 7/1/04.

Wash. Admin. Code § 16-256-020 Processed animal waste products identified.

A product is considered a processed animal waste product only if it meets one of the definitions in the following table.

| Processed Animal Waste Products | | | | --- | --- | --- | | Product Type | Description | Thermal Dehydration Limit | | Dried poultry waste (DPW) | A processed animal waste product composed of the feces from commercial poultry | Thermally dehydrated to a moisture content not in excess of 12.00 percent | | Dried poultry waste-NPN extracted | A processed animal waste product composed of the feces from commercial poultry which has been processed to remove part or all of the crude protein derived from nonprotein nitrogen (NPN) as urea and/or uric acid | Thermally dehydrated to a moisture content not in excess of 12.00 percent | | Dried poultry litter-(DPL) | A processed animal waste product composed of a combination of feces from commercial poultry together with litter that was present in the floor production of poultry | Thermally dehydrated to a moisture content not in excess of 12.00 percent | | Dried ruminant waste-(DRW) | A processed animal waste product composed of ruminant excreta | Thermally dehydrated to a moisture content not in excess of 12.00 percent | | Undried processed animal waste product | A processed animal waste product composed of excreta, with or without litter, from poultry, ruminants or any other animal except humans | Contains in excess of 12.00 percent moisture |

History

Statutory Authority: Chapters 15.53 and 34.05 RCW. WSR 03-23-131, § 16-256-020, filed 11/19/03, effective 7/1/04.

Wash. Admin. Code § 16-256-030 Labeling requirements for processed animal waste products.

The label, tag, or label invoice accompanying shipments of animal waste products must contain the information required in RCW 15.53.9016, this chapter and the following information:

(1) If the product contains drugs or drug residues, then the label must contain the following statement in boldface type at least one-half as large as the largest type appearing on the label:

"warning: this product contains drug residues. do not use within thirty days of slaughter and do not use thirty days prior to or during the food production period of dairy animals and/or hens."

(2) If the product contains high levels (15 ppm or greater) of copper, then the label must contain the following statement in boldface type at least one-half as large as the largest type appearing on the label:

"warning: contains high levels of copper: do not feed to sheep."

(3) If the product derives one-third or more of the guaranteed total crude protein from nonprotein nitrogen sources, the label shall provide adequate directions for safe use of the product and the precautionary statement:

"caution: use only as directed."

(4) Animal waste product labels, tags, or labeling must contain the following guarantees in percentages by weight in the following order and form:

(a) Minimum crude protein;

(b) Maximum crude protein from nonprotein nitrogen (NPN);

(d) Maximum crude fiber;

(e) Maximum moisture;

(f) Maximum ash;

(g) Minimum and maximum calcium (Ca);

(h) Minimum phosphorus (P);

(i) Maximum sodium (Na);

(j) Maximum lignin (if the processed animal waste product is dried poultry litter and if the product contains wood-based bedding materials);

(k) Maximum copper (Cu) (if the processed animal waste product is dried poultry waste or dried poultry litter and does not contain the warning "do not feed to sheep").

(5)(a) Lot identifier that is sufficient to allow the manufacturer to accurately trace the complete manufacturing and distribution history of the product.

(b) Records relating the lot identifier to the manufacture, processing, packing, distribution, receipt, or holding of the product must be kept for one year after the last date of distribution.

(6) Mixed feeds containing processed animal waste products must:

(a) State on the label the maximum percentage and type of processed animal waste product used in the mixed feed; and

(b) Comply with additional labeling requirements under chapters 16-250 or 16-252 WAC for the species for which the product is mixed.

(7) Processed animal waste product labeling must contain, as part of the product name, the animal source and product type.

History

Statutory Authority: Chapters 15.53 and 34.05 RCW. WSR 03-23-131, § 16-256-030, filed 11/19/03, effective 7/1/04.

Wash. Admin. Code § 16-256-040 Testing requirements for processed animal waste products.

(1) The purpose of the sampling and testing requirements in this section is to determine the presence of harmful materials or biological contaminants specified in WAC 16-256-070 and to assure compliance with the quality standards in that section.

(2) Any person seeking or maintaining a commercial feed license for any processed animal waste product facility must:

(a) Test those products, by representative sampling;

(b) Analyze those samples; and

(3) The sample used must be of sufficient size to provide meaningful data that is statistically reliable.

(4) Before a processed animal waste product is distributed, the licensee must comply with the following sample and analyses requirements:

(a) Sufficient testing and analyses must be conducted to ensure that the last three consecutive production runs are consistent with the required quality standards in WAC 16-256-070.

(b) After the initial testing is completed, periodic analyses (at least one analysis each calendar quarter) must be conducted on subsequent production runs. Less frequent testing may be allowed when the analytical results show continued uniformity and a consistent margin of compliance. More frequent tests must be conducted when the analytical results show either a wide range of levels or levels close to established quality standard limits.

(5) Analysis of the samples used to determine if the processed animal waste meets the quality standards in WAC 16-256-070 must also include the following:

(a) Drugs used (or suspected of use) in feed or as a therapeutic treatment of the animals;

(b) Pesticides used on the animal, facilities, and wastes for pest control;

(d) Heavy metals, including, but not limited to, arsenic, cadmium, copper, lead, mercury and selenium;

(e) Parasitic larva or ova; and

(f) Mycotoxins, such as aflatoxins.

(6) Sequential testing is required when the periodic analyses required by WAC 16-256-040(4) or other information available to the manufacturer of the ingredient indicates that:

(a) The ingredients are not within the limitations established in these regulations;

(b) Changes are made in the manufacturing process;

(d) Changes occur in the drugs or pesticides used by the supplier(s) of the raw ingredient(s).

History

Statutory Authority: Chapters 15.53 and 34.05 RCW. WSR 03-23-131, § 16-256-040, filed 11/19/03, effective 7/1/04.

Wash. Admin. Code § 16-256-050 Processed animal waste products—Commercial feed license required.

(1) A commercial feed license is required for each facility that manufactures or distributes processed animal waste product intended, promoted, represented, advertised or distributed for use as a commercial feed or feed ingredient.

(2) The commercial feed license application form, to be completed by applicants and licensees, must include the:

(a) Name and business address of the applicant;

(b) Type of business the firm is engaged in (feed manufacturer, dealer, broker, etc.);

(c) Type of commercial feed distributed (processed animal waste product, medicated feed, complete feed, feed supplement, animal products, etc.);

(d) The statutory registration fee of fifty dollars;

(e) A copy of the processed animal waste label that the applicant proposes to use;

(f) A detailed description of sampling procedures used to sample the processed animal waste product for analysis;

(g) A sampling schedule;

(h) A full description of all tests made; and

(i) Test results showing that the processed animal waste product meets the standards in WAC 16-256-070.

(3) The department may take an official sample of the processed animal waste product for examination and analysis before issuing a commercial feed license for a facility that manufactures or distributes processed animal waste products.

History

Statutory Authority: Chapters 15.53 and 34.05 RCW. WSR 03-23-131, § 16-256-050, filed 11/19/03, effective 7/1/04.

Wash. Admin. Code § 16-256-060 Procedures for denying or revoking a commercial feed license for a processed animal waste product facility.

(1) A commercial feed license for a processed animal waste product facility will be denied or revoked if the:

(a) Applicant or the processed animal waste product is determined to be in violation of any Washington state statute or Washington state agency rule or regulation affecting or relating to the distribution of commercial feeds in this state.

(b) Processed animal waste product does not meet the quality standards in WAC 16-256-070.

(d) Processed waste product is not labeled in compliance with law and agency rules and regulations, including WAC 16-256-030 of these rules.

(e) Applicant or licensee fails to perform the testing as specified in WAC 16-256-040 or to accurately maintain and make available to the director or their designee for inspection and copying, upon demand, the records required in WAC 16-256-080.

(2)(a) When an animal waste product or labeling, or other material required to be submitted with an application fails to comply with the requirements of these rules, the director must notify the applicant why the application does not comply so the applicant can make the necessary corrections.

(b) If, upon receipt of such a notice, the applicant does not make the necessary corrections, the director must deny the license application for the processed animal waste product facility. The applicant may then request a hearing under chapter 34.05 RCW.

(3) After determining that an animal waste product or its labeling does not comply with the provisions of chapter 15.53 RCW or WAC 16-256-030, the department may revoke the facility's license. If aggrieved by the decision, the licensee may request a hearing as authorized under chapter 34.05 RCW.

History

Statutory Authority: RCW 15.53.9012 and 43.01.160. WSR 24-22-037, s 16-256-060, filed 10/28/24, effective 11/28/24. Statutory Authority: Chapters 15.53 and 34.05 RCW. WSR 03-23-131, § 16-256-060, filed 11/19/03, effective 7/1/04.

Wash. Admin. Code § 16-256-070 Quality standards for processed animal waste products.

(1) Dried animal waste products must comply with the requirements in the following table:

| Dried Animal Waste Products | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | Required Minimum/Maximum Content | Dried Poultry Waste | Dried Poultry Waste-NPN Extracted | Dried Poultry Litter | Dried Ruminant Waste | | | | | | Crude protein | At least | 18.00% | | 11.00% | | 18.00% | | 12.00% | | | Crude fiber | No more than | 15.00% | | 15.00% | | 25.00% | | 40.00% | | | Moisture | No more than | 12.00% | | 12.00% | | 12.00% | | 12.00% | | | Ash | No more than | 30.00% | | 30.00% | | 20.00% | | 30.00% | | | Feathers | No more than | 1.00% | | 1.00% | | 4.00% | | N/A | | | Combined straw, wood, wood shavings, litter, dirt, sand, rocks, and other similar extraneous materials | No more than | N/A | | N/A | | N/A | | 40.00% | |

(2) Processed animal waste products must not contain:

(a) Any extraneous materials such as, but not limited to, metal, glass, wire or nails (except for undried processed animal waste products in subsection (4) of this section and dried ruminant waste products in subsection (6) of this section); or

(b) Any harmful pathogenic organisms, pesticide residues, harmful parasites, or drug residues except as allowed in WAC 16-256-030(1); or

(c) Other toxic or deleterious substances above levels permitted by department statute or regulation or which could be harmful to the animals or could result in residue in tissues of food products; or

(d) By-products of animals at levels in excess of those allowed by statute or regulation.

(3) Processed animal waste products must not contain:

(a) Aflatoxin in excess of 20 parts per billion (ppb); and

(b) More than a total of 500 parts per million (ppm) of heavy metals such as mercury, lead, bismuth, copper, cadmium, arsenic, antimony, and tin.

(4) Undried processed animal waste products must contain no more than forty percent combined straw, wood, wood shavings, litter, dirt, sand, rocks and other extraneous materials.

(5) To aid in maintaining a stable microbiological quality, any product labeled as, or containing dried animal waste products, must be maintained at no more than twelve percent moisture.

(6) Any processed animal waste product that does not meet the applicable quality standards must be:

(a) Further processed until the quality standards are met; or

(b) Diverted to nonfeed or nonfood uses; or

History

Statutory Authority: Chapters 15.53 and 34.05 RCW. WSR 03-23-131, § 16-256-070, filed 11/19/03, effective 7/1/04.

Wash. Admin. Code § 16-256-080 Records required for processed animal waste products.

Any licensed processed animal waste product facility must keep accurate records for two years containing the following information:

(1) All sources of the raw materials used in the production of processed animal waste products and the date those raw materials were acquired including information on drug and pesticide use.

(2) All production batches of processed animal waste products including the code or other method used to identify the batch or date of production.

(3) All distribution of processed animal waste products including the:

(a) Name and address of the purchaser or to whom the product was distributed;

(b) Date the product was distributed;

(d) Production code for the product distributed.

(4) Test sampling and analysis records required by WAC 16-256-040.

History

Statutory Authority: Chapters 15.53 and 34.05 RCW. WSR 03-23-131, § 16-256-080, filed 11/19/03, effective 7/1/04.

Chapter 16-301 General seed regulations.

Wash. Admin. Code § 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.

"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.

"Certifying agency" as defined in RCW 15.49.011(6) 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(9) means any person who distributes seeds.

"Department" as defined in RCW 15.49.011(10) means the Washington state department of agriculture or its duly authorized representative.

"Director" as defined in RCW 15.49.011(11) 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(13) 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(15) 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(21) 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 mediation.

"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(24) 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(25) 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.

"Open pollinated" means seed produced as a result of natural pollination as opposed to hybrid seed produced as a result of controlled pollination.

"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(27) 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(35) means agricultural or vegetable seeds, or other seeds as determined by rules adopted by the department.

"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.

"Top cross" means the first generation of a cross of an open pollinated variety with either an inbred line, a foundation backcross, or a foundation single cross.

"University" means the Washington State University.

"USDA" means the United States Department of Agriculture.

"Vegetable seeds" as defined in RCW 15.49.011(40) 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.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and chapter 34.05 RCW. WSR 18-19-017, § 16-301-005, filed 9/10/18, effective 10/11/18. Statutory Authority: RCW 15.49.005 and chapter 34.05 RCW. WSR 17-20-076, § 16-301-005, filed 10/3/17, effective 11/3/17. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-301-005, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 06-17-041, § 16-301-005, filed 8/8/06, effective 9/8/06
WSR 03-18-072, § 16-301-005, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-005, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-010 Publications adopted in chapters 16-301, 16-302, and 16-303 WAC.

(1) The department adopts the 2016 Association of Seed Certifying Agencies (AOSCA) rules and procedures for certification.

(2) The department adopts the 2016 Association of Official Seed Analysts (AOSA) rules for testing seed.

(3) The department adopts the Federal Seed Act, 7 C.F.R. Subchapter K, Part 201, as revised January 1, 2016.

Copies of these documents can be obtained by contacting the department's seed program by calling 509-249-6950, emailing seed@agr.wa.gov, or visiting the department's website at http://agr.wa.gov/Inspection/SeedInspection/.

History

Statutory Authority: RCW 15.49.005, 15.49.310, 15.49.370(3), and chapters 17.24 and 34.05 RCW. WSR 17-16-131, § 16-301-010, filed 8/1/17, effective 9/1/17. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-301-010, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 03-18-072, § 16-301-010, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-010, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-011 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-301-011, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-011, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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

(2) Each container of agricultural, vegetable, or flower seeds sold, offered or exposed for sale, or transported within this state for sowing purposes must bear "Requirement for mediation - The Washington State Seed Act, chapter 15.49 RCW, requires mediation of disputes involving allegedly defective seed." on:

(a) The analysis tag; or

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

History

Statutory Authority: RCW 15.49.005 and chapter 34.05 RCW. WSR 17-20-076, § 16-301-015, filed 10/3/17, effective 11/3/17. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-301-015, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. WSR 11-19-014, § 16-301-015, filed 9/8/11, effective 10/9/11. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-015, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-020, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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 in WAC 16-301-090 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, are 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-301-025, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 02-12-060, § 16-301-025, 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. WSR 00-24-077, § 16-301-025, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-030 Exemptions for small grain, chickpea, field pea, lentil and/or soybean seed.

(1) Small grain, chickpea, 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) With the exception of PVP Title V varieties that are required to be sold as a class of certified seed, when small grain, chickpea, 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 THIS WAIVER MUST NOT BE USED FOR PVP TITLE V VARIETIES | | | --- | --- | | | 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) |

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-301-030, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-030, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-035, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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.

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

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-040, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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 | | Field bindweed | Convolvulus arvensis | | Hedge bindweed | Calystegia sepium | | Bladder campion | Silene vulgaris | | (only in timothy- | | | Phleum pratense) | | | Camelthorn | Alhagi maurorum | | Canada thistle | Cirsium arvense | | Hairy whitetop | Lepidium appelianum | | Hoary cress | Lepidium draba | | Jointed goatgrass | Aegilops cylindrica | | (only in small grain) | | | Knapweed complex | | | (including bighead, | Centaurea macrocephala, | | Vochin, | Centaurea nigrescens, | | black, | Centaurea nigra, | | brown, | Centaurea jacea, | | diffuse, | Centaurea diffusa, | | meadow, | Centaurea x moncktonii, | | Russian, | Rhaponticum repens, | | spotted knapweeds | Centaurea stoebe subsp. australis, | | Purple starthistle) | Centaurea calcitrapa | | Leafy spurge | Euphorbia esula | | Lepyrodiclis | Lepyrodiclis holosteoides | | Palmers amaranth | Amaranthus palmeri | | Perennial pepperweed | Lepidium latifolium | | Perennial sowthistle | Sonchus arvensis | | Quackgrass | Elymus repens | | Serrated tussock | Nassella trichotoma | | Silverleaf nightshade | Solanum elaeagnifolium | | Sorghum perennial such as, but not limited to, | Sorghum spp. | | johnsongrass, | | | sorghum almum, and | | | perennial sweet sudangrass | | | Tansy ragwort | Jacobaea vulgaris | | Velvetleaf | Abutilon theophrasti | | White cockle | Silene latifloia | | (only in timothy- | | | Phleum pratense) | | | Yellow-flowering skeleton weed | Chondrilla juncea | | Yellow starthistle | Centaurea solstitialis |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and chapter 34.05 RCW. WSR 18-19-017, § 16-301-045, filed 9/10/18, effective 10/11/18. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-301-045, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapter 15.49 RCW. WSR 09-16-006, § 16-301-045, filed 7/22/09, effective 8/22/09. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 02-12-060, § 16-301-045, 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. WSR 00-24-077, § 16-301-045, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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 or slender foxtail | Alopecurus myosuroides | | Black mustard | Brassica nigra | | 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 spinifex | | Gromwell (only in | Buglossoides arvensis | | small grain) | | | Halogeton or clustered barilla salt | Halogeton glomeratus | | Medusahead | Taeniatherum | | | caput-medusae | | Plantains | Plantago spp. | | Poverty weed | Iva axillaris Pursh | | Puncturevine | Tribulus terrestris | | St. Johnswort | Hypericum perforatum | | Dalmation toadflax | Linaria dalmatica | | Yellow toadflax | Linaria vulgaris | | Western ragweed | Ambrosia psilostachya | | Wild mustard | Sinapis arvensis subsp. | | | arvensis | | Wild oat | Avena fatua | | Wild radish | Raphanus raphanistrum |

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-301-050, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapter 15.49 RCW. WSR 09-16-006, § 16-301-050, filed 7/22/09, effective 8/22/09. Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. WSR 06-01-111, § 16-301-050, filed 12/21/05, effective 1/21/06. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 02-12-060, § 16-301-050, 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. WSR 00-24-077, § 16-301-050, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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 February 25, 2014 and/or those adopted by the Association of Official Seed Analysts, as amended on October 1, 2013, except for the tolerances for prohibited noxious and restricted noxious weed seed which shall be as the Washington state seed law specifies for labeling.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-301-055, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 03-18-072, § 16-301-055, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-055, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-060, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-065, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-070, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-075, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-080, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-085, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-090, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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 by the AOSA rules for testing seed. 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-301-095, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-095, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-215 Definition of a phytosanitary certificate.

A phytosanitary 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-215, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-220 Apply for a phytosanitary field inspection.

(1) On an application provided by the department seed program, a person requesting a phytosanitary 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. Refer to chapter 16-303 WAC for the appropriate fees.

(2) Due dates for phytosanitary applications for field inspections are as follows:

| (a) | Western Washington | | | --- | --- | --- | | (i) | Fall plantings . . . . | April 1 | | (ii) | Spring plantings . . . . | June 1 | | (b) | Eastern Washington | | | | Fall plantings . . . . | April 15 | | (i) | Spring planted annual crops except corn . . . . | (21 days after planting) | | (ii) | Corn . . . . | June 1 | | (iii) | Perennial crops . . . . | April 15 | | (iv) | Fields established with stecklings or transplants . . . . | (21 days after planting) |

(3) Phytosanitary 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, phytosanitary 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.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and chapter 34.05 RCW. WSR 18-19-017, § 16-301-220, filed 9/10/18, effective 10/11/18. Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. WSR 07-09-005, § 16-301-220, filed 4/4/07, effective 5/5/07. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-220, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-225 Land and production requirements for a seed phytosanitary field inspection.

(1) For a seed field to be eligible for a phytosanitary 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 phytosanitary field inspection;

(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 phytosanitary field inspection may be adopted after consultation with industry representative and area specialist for the specific disease and/or crops listed in the phytosanitary 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 phytosanitary certificate.

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

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-225, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-230 Phytosanitary field inspection requirements for peas.

(1) Specific diseases of peas for which a phytosanitary 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 phytosanitary 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 phytosanitary 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 phytosanitary 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).

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-230, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-235 Phytosanitary field inspection requirements for beans.

(1) Specific bacterial diseases of beans for which phytosanitary certificates may be issued are:

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

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

(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 phytosanitary 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. An appropriate seed health assay 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) Fields not under sprinkler irrigation shall be inspected twice:

(i) The first inspection is to be conducted by the department when plants are near the early pod stage.

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

(b) Fields under sprinkler irrigation shall be inspected three times:

(i) The first inspection is to be conducted by the department when plants are near the full bloom stage. An appropriate seed health assay for halo blight may be accepted in lieu of the first growing season inspection.

(ii) The second inspection is to be conducted by the department when plants are near the full pod stage.

(iii) The third inspection is to be conducted by the department when the plants are in the windrow.

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

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 15-15-155, § 16-301-235, filed 7/21/15, effective 8/21/15. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-235, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-240 Phytosanitary field inspection requirements for other seed crops and diseases.

(1) Phytosanitary 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 phytosanitary certificates are determined after consultation with area specialists.

(a) To be eligible for phytosanitary 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-240, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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 turf 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-245, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-245, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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 turf type 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 turf type grasses.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-250, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 04-06-019, § 16-301-250, filed 2/23/04, effective 3/26/04. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-250, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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, excluding Klickitat County and the portion of Benton County south of Interstate 82.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-255, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-255, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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, Klickitat County and the portion of Benton County south of Interstate 82 in Eastern Washington and all areas outside of the state of Washington.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-260, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-260, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-265 Annual bluegrass quarantine—Regulated articles.

Articles regulated under the requirements of the annual bluegrass quarantine include seed stocks of all turf type grass species, such as, but not limited to, Kentucky bluegrass, ryegrass and red and chewings fescue.

History

Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 04-06-019, § 16-301-265, filed 2/23/04, effective 3/26/04. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-265, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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. This quarantine shall not apply to range, reclamation, or forage type seed production fields.

(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 represented by 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

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-270, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 04-06-019, § 16-301-270, filed 2/23/04, effective 3/26/04. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-270, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-275, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-280 Annual bluegrass quarantine—Procedure for clearing.

Each person moving, shipping or transporting seed stock within or into the annual bluegrass quarantine regulated area must:

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

(2) Submit a representative sample for testing.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-280, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-280, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-285, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-290, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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;

(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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-295, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-305, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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 turf type 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.

History

Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 04-06-019, § 16-301-310, filed 2/23/04, effective 3/26/04. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-310, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-315, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-320, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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 turf type grasses.

(2) Seed production fields of rough bluegrass.

(3) Rough bluegrass sown for forage or turf.

(4) Regulated articles are not to include seed stock of species that are commonly used for range, reclamation or forage purposes.

History

Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 04-06-019, § 16-301-325, filed 2/23/04, effective 3/26/04. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-325, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-330 Rough bluegrass quarantine—Conditions governing movement of regulated articles.

No seed stock of turf type grasses 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.

History

Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 04-06-019, § 16-301-330, filed 2/23/04, effective 3/26/04. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-330, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-335 Rough bluegrass quarantine—Procedure for clearing seed stocks.

Each person moving, shipping or transporting seed stock of turf type grasses 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.

History

Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 04-06-019, § 16-301-335, filed 2/23/04, effective 3/26/04. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-335, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-340, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-345, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-350, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-355, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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 bean, bacterial, fungal and seed-borne viral pathogens. The director has determined that a quarantine is needed to protect the Washington dry bean industry and to provide the bean growers of this state a source of bean seed for planting purposes that is tested for the presence of these diseases.

History

Statutory Authority: RCW 15.49.310, 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 04-08-043, § 16-301-365, filed 3/31/04, effective 5/1/04. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-365, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-370, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-375 Regulated articles.

Seeds of common beans, Phaseolus sp., 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.

History

Statutory Authority: RCW 15.49.310, 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 04-08-043, § 16-301-375, filed 3/31/04, effective 5/1/04. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-375, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-380 Regulated diseases.

The following viral, bacterial and fungal diseases of beans, and any new strains or variations of these identified in the future, of beans are regulated under the provisions of this chapter:

Halo blight (Pseudomonas syringae pv. phaseolicola (Young et. al.))

Common bean blight (Xanthomonas campestris pv. phaseoli (Smith) Dye)

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

Bean anthracnose disease (Colletotrichum lindemuthianum (Sacc. & Magn.) Scrib.)

Brown spot disease (Pseudomonas syringae pv. syringae (Van Hall)) strains virulently pathogenic to Phaseolus

Bean bacterial wilt (Corynebacterium flaccumfaciens ssp. flaccumfaciens (Hedges) Dows.)

Seed-borne viral diseases of beans, such as, but not limited to, bean common mosaic virus and its strains are regulated under the terms of this quarantine.

History

Statutory Authority: RCW 15.49.310, 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 04-08-043, § 16-301-380, filed 3/31/04, effective 5/1/04. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-380, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-385 Bean seed—Quarantined area.

The entire counties of Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason, Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, and Whatcom in the state of Washington, and all areas outside the state of Washington are established as a quarantine area. The quarantine area is further divided into two portions defined in WAC 16-301-370 (5) and (6) for the purposes of regulation.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-385, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-390 Bean seed—Regulated area.

The entire counties of Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima in the state of Washington are established as a protected area within the state.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-390, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-395 General requirements for planting bean seed in the regulated area.

(1) No beans may be planted, sold, shipped, transported for seed purposes, or knowingly received in the regulated area which are found to be or are known to be contaminated with any disease listed in WAC 16-301-380 and must also comply with the requirements as listed in WAC 16-301-396.

(2) For all bean seed to be planted in the regulated area, proof of quarantine compliance must accompany any application for phytosanitary or certification field inspection. A copy of the field inspection report or other proof of freedom from specified diseases based on at least one growing season field inspection and one windrow inspection or negative results from an approved pathology laboratory indicating freedom from the regulated diseases and a copy of the appropriate seed health assay showing freedom from regulated viral diseases issued for that bean seed must accompany these applications. Proof of I-gene resistance may be provided in lieu of appropriate seed health assay indicating freedom from regulated viral diseases.

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 15-15-155, § 16-301-395, filed 7/21/15, effective 8/21/15. Statutory Authority: RCW 15.49.310, 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 04-08-043, § 16-301-395, filed 3/31/04, effective 5/1/04. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-395, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-396 Additional requirements for planting bean seed in the regulated area relating to seed-borne viral diseases.

Bean seed may be received for planting purposes, planted, sold, shipped, or transported if that seed meets one of the following criteria:

(1) The bean variety (cultivar) is known to be uniform for the dominant I-gene. Documentation of evidence of uniformity must accompany the seed shipment. Undocumented cultivars are subject to serology and/or grow out testing to determine freedom from bean seed-borne viral diseases.

(2) The bean seed has been tested by the serology method (ELISA) and is found to be free from bean seed-borne viral diseases.

(3) The bean seed is tested by the serology method and is found to be positive for seed-borne viral diseases and on a subsequent grow out test, the sample is found free from bean seed-borne viral diseases.

(4) All serology tests are based on an official five-pound sample of untreated bean seed for each fifty thousand pounds of bean seed or fraction thereof.

History

Statutory Authority: RCW 15.49.310, 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 04-08-043, § 16-301-396, filed 3/31/04, effective 5/1/04.

Wash. Admin. Code § 16-301-400 Additional requirements for planting bean seed grown in the regulated area.

(1) Bean seed must be entered into the Washington state bean phyto-sanitary certificate inspection program or the Washington state seed certification inspection program as provided in WAC 16-302-045 and 16-301-235.

(2) When the director determines that an emergency condition exists because of a shortage of seed for planting purposes, beans grown for processing as edible beans may be accepted for planting purposes if the lot has been tested by means recommended by the university and approved by the director and found to be apparently free of regulated diseases.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-400, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-410 Additional requirements for planting bean seed originating in quarantine Area I; areas west of the continental divide.

(1) Bean seed from quarantine Area I must not be shipped, transported, or moved into the regulated area for planting unless the beans are accompanied by an official certificate showing that the beans are apparently free from the regulated diseases. Such certification shall be on the basis of at least one growing season field inspection and one windrow inspection and an approved laboratory/greenhouse test, which may include ELISA or other diagnostic screening for bacterial or fungal diseases.

(2) Bean seed planted for seed increase or with intention of seed increase must be planted in fields entered into either the Washington state bean seed phyto-sanitary certificate inspection program or the Washington state seed certification inspection program as provided in WAC 16-302-045 and 16-301-235.

History

Statutory Authority: RCW 15.49.310, 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 04-08-043, § 16-301-410, filed 3/31/04, effective 5/1/04. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-410, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-415 Additional requirements for planting bean seed originating in quarantine Area II; areas east of the continental divide and foreign countries.

(1) Bean seed must first be planted into an approved trial ground that meets the requirements of the department.

(2) Bean seed, up to a maximum of one pound per variety, may be planted in an approved trial ground intended for research purposes, with notification to the department, seed program, of intent to plant and adherence to the inspection procedures in WAC 16-301-425 and such isolation and other requirements as the director may prescribe.

(3) Bean seed over one pound, intended for introduction or seed increase, must first be planted in an approved trial ground not to exceed fifteen acres for each variety. The trial ground must be isolated from other beans by 1/4 mile. In addition, prior to planting, this bean seed must pass a laboratory/greenhouse test as recommended by the university; notification must be given to the department, seed program, of intent to plant; and inspection procedures in WAC 16-301-425 must be complied with for trial grounds.

History

Statutory Authority: RCW 15.49.310, 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 04-08-043, § 16-301-415, filed 3/31/04, effective 5/1/04. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-415, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-420 Quarantine—Exceptions and exemptions.

(1) Bean seed planted for harvest as green beans for cannery or freezing, otherwise in compliance with this quarantine, is not required to be entered into an inspection program except that the department reserves the right to request complete listing and location of all the plantings and other information the department may deem necessary. Further, if at any time prior to harvest, the grower decides that the plantings are not to be harvested as green beans, the department must be notified and the plantings placed under an inspection program. In order for the plantings to be accepted into the inspection program, the plantings must be at a state of maturity that allows for the proper identification of regulated diseases.

(2) This quarantine does not apply to the shipment, movement, or transportation of beans prepackaged in packages of eight ounces or less for home garden use in the regulated area if the beans are free of diseases.

History

Statutory Authority: RCW 15.49.310, 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 04-08-043, § 16-301-420, filed 3/31/04, effective 5/1/04. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-420, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-425 Inspection procedures for trial grounds.

(1) Applications for planting in a trial ground must be submitted to the department prior to May 15 of the growing year, and must include a detailed varietal planting plan, a description of the exact location of the trial ground and the manner of isolation.

(2) A minimum of four field inspections are made during the growing season and one windrow inspection.

(3) A disinfectant must be applied to machinery used in the production of bean seed and to footwear of personnel performing inspections prior to movement to other bean fields.

(4) If any regulated diseases are detected by field inspections or subsequent laboratory/greenhouse tests, no seed may be released for general planting but must again be planted in an approved trial ground for one additional year and undergo inspection procedures by the department.

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 15-15-155, § 16-301-425, filed 7/21/15, effective 8/21/15. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-425, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-430 Identification and disposition of diseased bean seed and infected bean fields.

(1) Any bean field planted with seed in violation of the requirements of this quarantine is subject to destruction, in full or in part, or quarantined, as determined necessary by the director, to prevent the spread of regulated diseases. Any expenses of such actions will be solely that of the grower or their responsible agents.

(a) Fields that are placed under a quarantine order must be entered into the Washington state bean seed phytosanitary inspection program as provided in WAC 16-301-235 with all costs of inspection to be borne by the grower or the grower's agent.

(b) Fields that are placed under a quarantine order may be subject to additional requirements for inspection, control or isolation, as deemed necessary by the director, to prevent the spread of regulated diseases.

(2) Any bean field determined to be infected with a regulated disease must be reported within seventy-two hours after discovery to the department, seed program.

(3) The department encourages the aid of all interested parties, including growers and seed company representatives, in the prompt reporting of suspected infected bean fields in order that timely investigation may be made.

(4) Any bean fields within the boundaries of the regulated area which show contamination by a regulated disease, as provided in subsection (5) of this section, must be destroyed in part or in total as may be required to eliminate the disease, by or at the expense of the grower or their responsible agents. The director may authorize any other method of control at the director's discretion. The director must notify the grower, seed company representatives and/or the grower's landlord of the method and extent of the destruction and safeguards against disease spread in order for the parties to comply.

(5) The identity of a regulated disease on growing plants or plants in windrow is based on the observance of the visual symptoms of the disease. If the department deems it necessary to establish true identity or pathogenically, a laboratory and/or greenhouse test may be conducted by the department in cooperation with the university. Testing is subject to provisions provided in WAC 16-301-396 (3) and (4), the results of which will be used to determine final disposition.

(a) In cases of disagreement concerning the presence of a regulated disease between the department plant pathologist and a qualified plant pathologist representing the commercial company or grower, the definitive verification of identity or pathogenically must be determined by isolation of the suspected pathogen and inoculation of seedlings of a known susceptible host using accepted scientific and professional techniques.

(b) Until verification of the suspected pathogen as specified in this section is completed, the involved planting must be placed under quarantine for a period of thirty days subject to conditions and review or extension as determined by the director. Entry into the quarantined area is to be restricted to the grower or grower's agents, department employees, and/or persons authorized in writing by the director. Persons granted entry into the quarantined area will be required to take all necessary sanitary precautions as prescribed by the director to safeguard against the possible spread of the suspected regulated disease.

(6) The true identity of the regulated disease when found in or on seed is based on testing methods recommended by the university results of which, when positive, is evidence to identify the disease as being subject to the department's requirements. The owner of the seed, at owner's expense, may request verification of pathogenicity. Such verification must be made using accepted scientific and professional techniques.

(7) When the director determines that it is probable, based on visual symptoms and serological analysis, that a seed field may be infected with bean seed-borne viral diseases and determines that a threat of infection of other fields exists, the director may prescribe aphid control or other requirements, through a notice of destruction as provided in WAC 16-301-435, deemed necessary to prevent infection of adjacent properties.

(8) All bean seed that is determined to be contaminated by bean seed-borne viral diseases and which does not meet the requirements of WAC 16-301-395(2) must be destroyed or diverted to dry edible or other nonseed purposes. For seed that is diverted to dry edible or other nonseed purposes, documentation of disposition of the seed must be provided to the department of agriculture upon request.

(9) Exemptions and special situations:

(a) Any field of beans first found infected during windrow inspection, is exempt from total destruction if the diseased portion and an area (not less than a fifty-foot radius) surrounding the infected site is promptly destroyed or harvested with the beans from the infected area directed, under department supervision, to processing. Seed from the remainder of the field must be tested by the appropriate seed health assays for the regulated disease. Only seed apparently free from regulated diseases may be used for seed purposes in the regulated area.

(b) Any field of beans to be used only for dry edible purposes is exempt from destruction if the diseased portion of the field is destroyed and the entire crop residue is promptly and completely destroyed after harvest.

(c) Beans for processing or fresh consumption are exempt from destruction if the diseased portion of the field is destroyed or harvested within ten days after first detection and/or verification as provided in subsection (4) of this section and the crop residue is promptly and completely destroyed after harvest.

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 15-15-155, § 16-301-430, filed 7/21/15, effective 8/21/15. Statutory Authority: RCW 15.49.310, 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 04-08-043, § 16-301-430, filed 3/31/04, effective 5/1/04. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-430, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-435 Notice of destruction.

When the director finds personal property planted in violation of the terms of this quarantine or infected as described in WAC 16-301-430, the director may issue a written notice of quarantine or destruction to the owners and occupants thereof. The notice must identify the property under quarantine, order the destruction of infested plants or prescribe the terms of entry, inspection, partial destruction and/or treatment of regulated articles. Any expenses of such actions will be solely that of the grower or their responsible agents.

History

Statutory Authority: RCW 15.49.310, 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 04-08-043, § 16-301-435, filed 3/31/04, effective 5/1/04. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-435, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-440 Penalties.

(2) In addition to actions specified in WAC 16-301-430, any grower violating the terms of this quarantine, is subject to civil and/or criminal penalties provided in chapters 15.49 and/or 17.24 RCW.

History

Statutory Authority: RCW 15.49.310, 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 04-08-043, § 16-301-440, filed 3/31/04, effective 5/1/04. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-301-440, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-301-490 Establishing a crucifer seed quarantine for black leg, black rot, and dormant seed.

The production of crucifer vegetable seed is an important industry in Washington state. The economic well-being of that industry is threatened by the introduction of crucifer seed infected with certain bacterial and fungal pathogens. In addition, certain crucifer species produce dormant seed that, if present in a seed lot will persist into subsequent cropping years. The resulting "volunteer" plants have the potential to become established as weeds in Washington state.

The director has determined that a quarantine is needed to protect the Washington crucifer vegetable seed, biofumigant and oil seed industries from the introduction of seed from areas known to be infected with black leg of crucifers and black rot and from the introduction of crucifer seed containing dormant seed. The quarantine will provide the seed growers in this state with sources of crucifer seed that have been tested and proven to be free from black leg and black rot and free from dormant seed.

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 16-14-068, § 16-301-490, filed 7/1/16, effective 10/1/16. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-490, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. WSR 06-01-111, § 16-301-490, filed 12/21/05, effective 1/21/06.

Wash. Admin. Code § 16-301-495 Definitions.

Definitions for some terms in WAC 16-301-490 through 16-301-580 can be found in chapter 15.49 RCW and chapter 16-301 WAC. In addition, the following definitions apply to these sections and take precedence over conflicting definitions found elsewhere:

"Appropriate pathological testing methods" includes seed testing methods approved for the specific target pathogens (Phoma lingam and Xanthomonas campestris pv. campestris for black leg and black rot, respectively) by the United States National Seed Health System or the International Seed Health Initiative (ISHI-Veg) of the International Seed Federation.

"Approved treatment methods" includes hot water, hot chlorine or any other method that can eliminate the presence of regulated pathogens.

"Crucifer" means all plants in the family Brassicaceae (also known as Cruciferae) and specifically includes all Brassica species, Raphanus sativus - Radish, Sinapis alba and other mustards.

"Crucifer production" means any planting of crucifer seed or seedlings for the purpose of producing seed, oil, commercial vegetables or cover crops.

"Crucifer seed" includes any part of a plant capable of propagation including, but not necessarily limited to, seeds, roots, and transplants.

"Crucifer weed" means any crucifer plant that appears unintentionally in a different crucifer crop or crop growing area, as in the case of volunteers or after planting seed contaminated with other crucifer species.

"Department" means the Washington state department of agriculture (WSDA).

"Director" means the director of the Washington state department of agriculture or the director's designee.

"Dormant seed" means viable true seed that displays a delay in or lack of germination when provided favorable germination conditions for the type of seed in question.

"Owner" means the person having legal ownership, possession or control over a regulated article covered by this chapter including, but not limited to, the owner, shipper, consignee, grower, seed dealer, landowner or their agent.

"Person" means any individual, partnership, association, corporation, or organized group of persons whether or not incorporated.

"Phytosanitary inspection program" means the seed field inspection program administered by the seed program of the department under the authority in RCW 15.49.370 and WAC 16-301-240.

"Regulated area" means those geographic areas that are protected from regulated diseases by the provisions of this quarantine.

"Regulated article" means, with the exception of the exemptions listed in WAC 16-301-525(1), all crucifer seed; seedlings; roots; transplants intended for seed production, oil production, commercial vegetable production or cover crop use; and crop residue remaining from the harvest of infected crucifer plants.

"Seed lot" means a designated quantity of seed that is uniquely identified by a lot number.

"Seed program" means the Washington state department of agriculture seed program.

"Trial ground" means a specific parcel of land approved by the director through the phytosanitary inspection program for experimental or limited production or increase of crucifer seed and for planting seed lots whose quantity of seed is insufficient to allow for pathological testing.

"True seed" means a mature fertilized ovule consisting of an embryo, with or without an external food reserve enclosed by a seed coat.

"Volunteer" means a crucifer plant that germinates in a crop year subsequent to the crop year it was planted.

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 16-14-068, § 16-301-495, filed 7/1/16, effective 10/1/16
WSR 15-20-035, § 16-301-495, filed 9/28/15, effective 10/29/15. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-495, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. WSR 06-01-111, § 16-301-495, filed 12/21/05, effective 1/21/06.

Wash. Admin. Code § 16-301-505 Regulated crucifer diseases and pathogens.

(1) "Regulated diseases" means those bacterial and fungal diseases of crucifers listed in this section and any new variations or strains of these diseases.

(2) "Regulated pathogens" means those bacterial and fungal organisms identified as the causal agents for the diseases listed in this section.

(3) The following bacterial and fungal diseases of crucifers, and any new strains or variations of these diseases are regulated by this chapter:

| Disease Common Name | Pathogen Cause Scientific Name | | --- | --- | | Black leg of crucifers | Phoma lingam | | Black rot | Xanthomonas campestris pv. campestris |

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 16-14-068, § 16-301-505, filed 7/1/16, effective 10/1/16
WSR 15-20-035, § 16-301-505, filed 9/28/15, effective 10/29/15. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-505, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. WSR 06-01-111, § 16-301-505, filed 12/21/05, effective 1/21/06.

Wash. Admin. Code § 16-301-515 Crucifer seed quarantine—Quarantine area.

(1) The quarantine area for the crucifer seed quarantine includes all Washington state counties except Adams, Asotin, Benton, Chelan, Clallam, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Island, Kittitas, Klickitat, Lewis, Lincoln, Okanogan, Pend Oreille, Skagit, Snohomish, Spokane, Stevens, Walla Walla, Whatcom, Whitman, and Yakima counties.

(2) No additional requirements apply within the quarantine area but all regulated articles transported into a regulated area must comply with the regulations of this chapter.

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 16-14-068, § 16-301-515, filed 7/1/16, effective 10/1/16
WSR 15-20-035, § 16-301-515, filed 9/28/15, effective 10/29/15. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-515, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. WSR 06-01-111, § 16-301-515, filed 12/21/05, effective 1/21/06.

Wash. Admin. Code § 16-301-520 Crucifer seed quarantine—Regulated areas.

Two regulated areas are established for the crucifer quarantine, one in western Washington and one in eastern Washington. Each regulated area has specific requirements and prohibitions related to the regulated articles.

(1) The regulated area in western Washington for this crucifer seed quarantine includes Clallam, Island, Lewis, Skagit, Snohomish, and Whatcom counties.

(2) The regulated area in eastern Washington for this crucifer seed quarantine includes Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima counties.

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 15-20-035, § 16-301-520, filed 9/28/15, effective 10/29/15. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-520, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. WSR 06-01-111, § 16-301-520, filed 12/21/05, effective 1/21/06.

Wash. Admin. Code § 16-301-525 Crucifer seed quarantine exemptions within the regulated areas.

In the regulated areas, the crucifer seed quarantine does not apply to:

(1) Shipments, movements, or transportation of:

(a) Prepackaged crucifer seed in packages of 1/2 ounce or less if the seeds are free of regulated diseases as required in WAC 16-301-530 and 16-301-531; or

(b) Vegetable seedlings offered for sale for home garden use in the regulated areas if the seedlings are free of regulated diseases as required in WAC 16-301-530 and 16-301-531.

(2) Research, variety development, variety maintenance or other crucifer production where the entire crop cycle is confined within a building or greenhouse.

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 16-14-068, § 16-301-525, filed 7/1/16, effective 10/1/16
WSR 15-20-035, § 16-301-525, filed 9/28/15, effective 10/29/15. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-525, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. WSR 07-19-122, § 16-301-525, filed 9/19/07, effective 10/20/07
WSR 06-01-111, § 16-301-525, filed 12/21/05, effective 1/21/06.

Wash. Admin. Code § 16-301-528 Seed dormancy testing in the western Washington regulated area.

Any crucifer seed whose primary uses are for any nonvegetable use in the western Washington regulated area must be tested for the presence of dormant seed.

This testing must be done by either a single or paired germination test that demonstrates freedom from dormant seed.

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 16-14-068, § 16-301-528, filed 7/1/16, effective 10/1/16.

Wash. Admin. Code § 16-301-530 Planting crucifer seed in the western Washington regulated area—Requirements.

(1)(a) It is a violation of this chapter to establish crucifer seed that is infected with any regulated disease in the western Washington regulated area.

(b) Any crucifer seed planted or established in the western Washington regulated area whose primary use is for any nonvegetable use must be tested for the presence of dormant seed as required by WAC 16-301-510.

(2) Any person who plans to ship, move, or transport any crucifer seed intended for planting purposes into or within the western Washington regulated area must file a Notice of Intent/Quarantine Compliance form with the seed program before planting or offering the seed for sale.

(3) The Notice of Intent/Quarantine Compliance form filed with the seed program must be accompanied by a copy of the:

(a) Laboratory analysis or some other proof (such as a phytosanitary certificate based upon laboratory testing issued from the state or country of production) demonstrating that the lot is free of regulated diseases; and

(b) Seed analysis certificate(s) showing that the lot is free from dormant seed, if required under WAC 16-301-510.

(4) It is a violation of this chapter for any crucifer seed intended for seed production, oil production, commercial vegetable production or cover crop use to be offered for sale within or into the western Washington regulated area unless accompanied by documentation verifying quarantine compliance.

(a) For small packages such as heat sealed envelopes and tins, quarantine compliance may be placed on a sales invoice or other documentation that is provided to the purchaser of seed. Language must be approved by the seed program.

(b) Larger containers must bear a label issued by the seed program indicating that the seed is in compliance with this chapter.

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 16-14-068, § 16-301-530, filed 7/1/16, effective 10/1/16
WSR 15-20-035, § 16-301-530, filed 9/28/15, effective 10/29/15. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-530, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. WSR 07-19-122, § 16-301-530, filed 9/19/07, effective 10/20/07
WSR 06-01-111, § 16-301-530, filed 12/21/05, effective 1/21/06.

Wash. Admin. Code § 16-301-531 Planting crucifer seed in the eastern Washington regulated area—Requirements.

(1)(a) It is a violation of this chapter to plant crucifer seed that is infected with black leg of crucifers (Phoma lingam) in the eastern Washington regulated area.

(b) Any crucifer seed to be planted in the eastern Washington regulated area must be laboratory tested and found to be free from black leg of crucifers (Phoma lingam).

(2) Any crucifer seed to be planted in the eastern Washington regulated area must be tagged with a tag issued by the department indicating that the seed has met the requirements of this chapter.

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 16-14-068, § 16-301-531, filed 7/1/16, effective 10/1/16
WSR 15-20-035, § 16-301-531, filed 9/28/15, effective 10/29/15.

Wash. Admin. Code § 16-301-534 Transporting regulated articles into a regulated area—Requirements.

Regulated articles imported into Washington state must comply with the testing and treatment regulations of this chapter before transport into a regulated area.

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 16-14-068, § 16-301-534, filed 7/1/16, effective 10/1/16.

Wash. Admin. Code § 16-301-535 Boxes and racks used to ship crucifer seedlings—Requirements.

(1) Only boxes that have not previously contained crucifer seedlings may be used for shipping transplants into or within a regulated area.

(2) Racks used to ship transplanted crucifer seedlings must be thoroughly disinfected with an appropriate sanitizer before the seedlings are shipped.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-535, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. WSR 06-01-111, § 16-301-535, filed 12/21/05, effective 1/21/06.

Wash. Admin. Code § 16-301-540 Crucifer transplants grown in greenhouses in the regulated areas—Requirements.

(1) All crucifer transplants produced in greenhouses in the regulated areas must be subjected to pest control procedures that reduce the presence of diseases or insects that may inhibit identifying regulated diseases.

(2) The interiors of greenhouses in the regulated areas used to produce crucifer transplants must be free of crucifer weeds.

(3) A one hundred meter buffer, free of crucifer weeds, must surround each greenhouse in the regulated areas used to produce crucifer transplants.

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 16-14-068, § 16-301-540, filed 7/1/16, effective 10/1/16
WSR 15-20-035, § 16-301-540, filed 9/28/15, effective 10/29/15. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-540, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. WSR 06-01-111, § 16-301-540, filed 12/21/05, effective 1/21/06.

Wash. Admin. Code § 16-301-545 Crucifer seed lots that test positive for any regulated disease—Requirements.

(1) If a crucifer seed lot tests positive for any regulated disease, the infected seed lot may be treated with an approved treatment method.

(2) After treatment, the seed lot must be tested for the presence of regulated diseases using appropriate pathological testing methods.

(3) If the pathological testing yields negative test results, the seed lot will be considered in compliance with this chapter.

(4) It is a violation of this chapter to plant seed in the regulated areas that tests positive for any regulated disease subsequent to any approved treatment method.

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 16-14-068, § 16-301-545, filed 7/1/16, effective 10/1/16
WSR 15-20-035, § 16-301-545, filed 9/28/15, effective 10/29/15. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-545, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. WSR 06-01-111, § 16-301-545, filed 12/21/05, effective 1/21/06.

Wash. Admin. Code § 16-301-550 Planting seed in the western Washington regulated area—Protocols when certain documentation is unavailable.

When no documentation exists verifying that a crucifer seed lot is free from regulated diseases, the following protocols must be followed before the seed is planted in the western Washington regulated area:

(1) A crucifer seed lot will be classified as a suspect seed lot if the seed lot lacks the documentation verifying that the lot complies with the crucifer seed quarantine requirements of this chapter.

(2) Suspect seed lots must:

(a) Not be offered for sale in the western Washington regulated area.

(b) Be treated by an approved treatment method.

(c) Be sown in a greenhouse and the seedlings must pass inspection by seed program inspectors before transplanting to the field.

(3) Any greenhouse operation used to grow crucifer seedlings for transplant must:

(a) Physically separate suspect seed lots from other crucifer production within that greenhouse.

(b) Monitor and document the location and identity of each suspect seed lot during production.

(4) It is a violation of this chapter for seedlings from a suspect seed lot to be topped, clipped, chopped or undergo any other treatment to toughen them or reduce their size.

(5) All seedlings from a suspect seed lot that exhibit symptoms of regulated diseases must be physically separated from asymptomatic transplants in that lot.

(6) Before shipping seedlings from a suspect seed lot, the seedlings must be inspected by department seed program inspectors for the presence of regulated diseases.

(a) If no symptoms of regulated diseases are detected during this inspection, the suspect seed lot is considered in compliance with this chapter and may be sold and planted within the western Washington regulated area.

(b) If seedlings display symptoms of regulated diseases, laboratory testing for the diseases is mandatory.

(c) If seedlings from a suspect seed lot test negative for regulated pathogens or diseases after appropriate pathological testing, the suspect seed lot is considered in compliance with this chapter and may be sold and planted within the western Washington regulated area.

(d) If the presence of a regulated disease is confirmed by laboratory testing, all seedlings from a suspect seed lot may be subject to a quarantine order or destruction order under WAC 16-301-570.

(7) Any crucifer seed production fields, plant beds, or greenhouse production that will be planted with or receives production from suspect seed lots that are determined to be free from regulated diseases under subsection (6) of this section must be entered into the Washington state phytosanitary inspection program as required under WAC 16-301-240.

(8)(a) It is a violation of this chapter to plant seedlings from a suspect seed lot that tests positive for any regulated disease in the western Washington regulated area.

(b) Any suspect seed lot testing positive for any regulated disease may be subject to a quarantine order or a destruction order under WAC 16-301-570.

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 16-14-068, § 16-301-550, filed 7/1/16, effective 10/1/16
WSR 15-20-035, § 16-301-550, filed 9/28/15, effective 10/29/15. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-550, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. WSR 06-01-111, § 16-301-550, filed 12/21/05, effective 1/21/06.

Wash. Admin. Code § 16-301-555 Requirements for the establishment of trial grounds.

(1) If a crucifer seed lot has not been tested to determine if it is free of the regulated diseases as required in WAC 16-301-530 and 16-301-531, and the quantity of seed in the lot is too small for pathology testing to be practical, it must be planted in a trial ground.

(2) Trial grounds may be established for the purposes of, but not limited to, variety maintenance, variety development or other related research.

(3)(a) Trial grounds must be inspected by the department under the phytosanitary inspection program.

(b) Due dates for trial ground inspection applications are as follows:

(i) For western Washington:

(A) Fall plantings application due date is April 15th; and

(B) Spring plantings application due date is June 1st;

(ii) For eastern Washington:

(A) Fall plantings application due date is April 15th; and

(B) Spring plantings application due date is twenty-one days after planting.

(4)(a) Trial grounds must be isolated from crucifer seed production fields according to the standards set in "Isolating Seed Fields in the Columbia Basin of Washington" published by the Washington State University (WSU) Extension or the standards established by the department, whichever distances are greater. In addition, any trial grounds located in the Columbia Basin Irrigation Project crucifer seed production zone must meet all the requirements of that zone including, but not limited to, minimum isolation distances.

(b) Copies of this publication can be obtained by contacting a WSU extension office.

(5) The maximum planting in a trial ground is:

(a) One pound per variety for crucifer seed; and

(b) One-half acre for crucifer transplants.

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 16-14-068, § 16-301-555, filed 7/1/16, effective 10/1/16. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-555, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. WSR 06-01-111, § 16-301-555, filed 12/21/05, effective 1/21/06.

Wash. Admin. Code § 16-301-560 Inspection requirements for trial grounds.

(1) A minimum of two phytosanitary field inspections of a trial ground must be conducted by the department. These inspections must take place at a minimum:

(a) During the seedling stage; and

(b) At the bloom stage.

(2) The phytosanitary field inspection application must include:

(a) A detailed varietal planting plan;

(b) A description of the exact location of the trial ground;

(c) For seed not treated with a fungicide that controls black leg disease, the manner in which the trial ground will be isolated from other known crucifer production;

(d) The distance by which the trial ground is isolated from other known crucifer production; and

(e) The method by which volunteers will be controlled in the following year.

(3) The person responsible for the trial ground must monitor the trial ground at a frequency of at least twice monthly. The responsible person must maintain records of these inspections and must make these records available to the department upon request.

If regulated diseases are identified, the responsible person must notify the department within twenty-four hours.

(4) If the field inspections by the department or the person responsible for the trial ground detect any suspect symptoms of regulated pathogens, and identification is confirmed by pathology testing, the trial ground is subject to destruction in whole or in part upon the order of the director.

(a) Infected plant residue must be promptly destroyed by chopping and incorporating it into the soil or by other means approved by the director.

(b) As a further precaution, the department recommends that, to the extent practical, crop residue be destroyed even when a regulated disease is not detected.

(c) The department will consult with pathologists, university personnel and appropriate subject matter experts in determining control measures and appropriate mitigation activities to prevent the spread of regulated diseases from the trial ground site. Such recommendations may be, but are not limited to, foliar applications of fungicides.

(5) A disinfectant must be applied to the:

(a) Machinery used in the production of the crucifer crop;

(b) Footwear of all persons entering the trial grounds; and

(6) The department will conduct at least one inspection of the trial ground location the following year to ensure control of volunteer crucifer plants has been achieved.

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 16-14-068, § 16-301-560, filed 7/1/16, effective 10/1/16. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-560, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. WSR 06-01-111, § 16-301-560, filed 12/21/05, effective 1/21/06.

Wash. Admin. Code § 16-301-565 Testing requirements for seed harvested from an approved trial ground.

(1) Seed harvested from an approved trial ground must be tested in an approved laboratory for the presence of regulated pathogens before it is planted in a regulated area.

(2) If the seed harvested from a trial ground tests positive for any regulated pathogens, it may not be released for general planting within a regulated area.

(3)(a) Seed harvested from a trial ground infected with a regulated pathogen must either be destroyed or shipped out of the regulated area.

(b) Written documentation of either the seed's destruction or shipment out of the regulated area must be submitted to the seed program within thirty days of the positive test for the regulated pathogen.

(c) Seed from a trial ground infected with a regulated pathogen that remains in a regulated area beyond thirty days may be subject to destruction upon the order of the director.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021. WSR 14-20-050, § 16-301-565, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. WSR 06-01-111, § 16-301-565, filed 12/21/05, effective 1/21/06.

Wash. Admin. Code § 16-301-570 Penalties for violating the crucifer seed quarantine.

(1) When the director determines that crucifer seed or a crucifer production area is infected with a regulated disease, the director may issue a quarantine order or notice of destruction. A violation of this chapter may also result in either a quarantine order or notice of destruction as determined by the director and the rules regulating the crucifer seed quarantine. Any costs associated with complying with a notice of destruction or quarantine order is the sole responsibility of the owner and not the responsibility of the department.

(2) The director may issue a notice of destruction:

(a) The notice of destruction will identify the property or seed lot affected.

(b) The notice of destruction will order the destruction of regulated articles or prescribe the terms of entry, inspection, partial destruction and/or treatment of regulated articles.

(c) The notice of destruction may prescribe control measures or other requirements needed to prevent the infection of adjacent properties with a regulated disease.

(d) To ensure that the affected parties comply with the measures required to eliminate a disease caused by regulated pathogens, the director will notify the owner and seed company representatives, if known, regarding the methods of destruction to be used, the extent of the destruction and the safeguards being implemented to prevent the spread of the disease.

(3) The director may order the quarantine of any regulated article or planting area. The director will:

(a) Determine the quarantine conditions;

(b) Determine if a quarantine extension is warranted; and

(4) To prevent the spread of the suspected regulated disease, persons entering the quarantined area must follow the sanitary precautions in WAC 16-301-560(5). Entry into the quarantined area is restricted to:

(a) The owner;

(b) Department employees;

(d) Persons authorized in writing by the director.

(5) Fields placed under a quarantine order:

(a) Must enter the Washington state phytosanitary inspection program as required under WAC 16-301-240 with all inspection costs borne by the owner.

(b) May be subject to additional inspection, control, isolation, or destruction requirements if the director determines they are needed to prevent the spread of regulated pathogens.

(6) Any owner violating the requirements of this crucifer seed quarantine is subject to the civil and/or criminal penalties as established in chapters 15.49 and/or 17.24 RCW.

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 16-14-068, § 16-301-570, filed 7/1/16, effective 10/1/16. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-570, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. WSR 06-01-111, § 16-301-570, filed 12/21/05, effective 1/21/06.

Wash. Admin. Code § 16-301-575 Identification of diseased crucifer seeds and infected fields.

(1) So that timely investigations may be made, all interested parties, including owners, seed company representatives, and university extension personnel are encouraged to promptly report any suspected infected crucifer fields to the seed program.

(2) The owner of any crucifer crop infected with a regulated pathogen must report the infection to the seed program within seventy-two hours after the regulated pathogen is discovered.

(3)(a) The seed program may conduct inspections and tests to determine infection of any crucifer seed or production with a regulated disease.

(b) If a WSDA plant services program plant pathologist and a qualified plant pathologist representing a commercial company or owner disagree over the presence of a regulated disease, the company or owner may request a third-party laboratory verification test for a regulated pathogen. A university plant pathologist may recommend the type of third-party laboratory verification test. The third-party laboratory may not be affiliated with either WSDA or the owner of the seed. The verification test must use accepted scientific and professional techniques and will be at the seed owner's expense.

(c) The affected planting area will be placed under quarantine for at least thirty days or until verification testing is completed.

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 16-14-068, § 16-301-575, filed 7/1/16, effective 10/1/16. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-575, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. WSR 06-01-111, § 16-301-575, filed 12/21/05, effective 1/21/06.

Wash. Admin. Code § 16-301-580 Diseased crucifer seeds and infected fields—Regulations.

(1) When the director determines that a field is infected with a regulated pathogen and threatens to infect other fields, the director may issue a notice of destruction prescribing control measures or other requirements needed to prevent the infection of adjacent properties.

(2) Unless the crop is within two weeks of harvest, any crucifer crop within a regulated area that is infected with a regulated pathogen may be subject to immediate destruction, in part or in total. The owner is responsible for the expenses incurred to destroy a diseased crucifer crop.

(3) The following requirements apply to crops that are within two weeks of harvest:

(a) Residues must be destroyed or incorporated into the ground immediately after harvest;

(b) Harvested seed must be isolated from other seed lots until it is treated with an approved treatment method;

(d) WSDA personnel in consultation with WSU extension personnel must monitor these postharvest activities.

History

Statutory Authority: RCW 15.49.005, 17.24.041, and chapter 34.05 RCW. WSR 16-14-068, § 16-301-580, filed 7/1/16, effective 10/1/16
WSR 15-20-035, § 16-301-580, filed 9/28/15, effective 10/29/15. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and 17.24.021, and chapter 34.05 RCW. WSR 14-20-050, § 16-301-580, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. WSR 06-01-111, § 16-301-580, filed 12/21/05, effective 1/21/06.

Chapter 16-302 General rules for seed certification.

Wash. Admin. Code § 16-302-005 Seed certification—Purpose.

Under the authority of chapter 15.49 RCW, the department adopts rules to establish standards for seed certification in Washington state in order to maintain and make available sources of high quality seeds and propagating material of plant varieties (hereinafter to be considered synonymous with cultivar) or germplasm entities so grown and distributed as to ensure genetic identity and genetic purity.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-005, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-005, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-006 Seed certification—Definitions.

Definitions for terms used in this chapter and in chapters 16-301 and 16-303 WAC may be found in chapter 15.49 RCW, Seeds. 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, 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 seed.

"Bean" means common beans and adzuki beans.

"Blend" as defined in RCW 15.49.011, 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 of the same crop kind.

"Breeder seed" as defined in the Federal Seed Act at 7 C.F.R. § 201.2, is a class of certified seed directly controlled by the originating or sponsoring plant breeding institution, or person, or designee thereof, and is the source of the production of seed of the other classes of certified seed.

"Bulk seed" as defined in RCW 15.49.011, means seed distributed in a nonpackage form.

"Buyer" means a person who purchases seeds.

"Certifying agency" as defined in RCW 15.49.011, 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

"Certification" is a process to verify crop and seed genetic purity through inspection and testing to meet standards published in the Standards Handbook.

"Certified seed" as defined in the Federal Seed Act at 7 C.F.R. § 201.2, means a class of certified seed which is the progeny of Breeder, Foundation, or Registered seed, except as provided in 7 C.F.R. § 201.70, and is produced and handled under procedures established by the department or certifying agency for producing the Certified class of seed, for the purpose of maintaining genetic purity and identity. It appears in an abbreviated form as CERT or Certified.

"Coated seed" as defined in RCW 15.49.011, means seed that has been treated and has received an application of inert material during the treatment process.

"Common bean" means Phaseolus vulgaris L. and all bean type species that are susceptible bean quarantine pests of concern.

"Complete record" means any and all 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.

"Conditioning" as defined in RCW 15.49.011, means drying, cleaning, scarifying, and other operations that could change the purity or germination of the seed and require the seed lot to be retested to determine the label information.

"Cultivar" is hereinafter to be considered synonymous with variety or germplasm entity.

"Dealer" as defined in RCW 15.49.011, means any person who distributes seeds.

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

"Director" as defined in RCW 15.49.011, means the director of the department of agriculture.

"Distribute" as defined in RCW 15.49.011, means to import, consign, offer for sale, hold for sale, sell, barter, or otherwise supply seed in this state.

"Federal Seed Act (FSA)" means the Federal Seed Act found at 7 U.S.C. 1551-1611 as amended, and its implementing regulations.

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

"Fiscal year" means the 12-month period from July 1st through June 30th.

"Flower seeds" as defined in RCW 15.49.011, 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.

"Foundation seed" as defined in the Federal Seed Act at 7 C.F.R. § 201.2, is a class of certified seed which is the progeny of Breeder or Foundation seed and is produced and handled under procedures established by the department or certifying agency for producing the Foundation class of seed, for the purpose of maintaining genetic purity and identity. It appears in an abbreviated form as FND or Foundation.

"Genetic purity" means the application of standards for certain phenotypic traits relative to the developer's description of the variety or germplasm. It is not to imply verification of genotype or verification of all described traits.

"Germination" as defined in RCW 15.49.011, 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.

"Grower" means any person who produces directly or through a growing contract, or is a seed-crop sharer in seed which is sold, offered for sale, transported, or offered for transportation.

"Hard seeds" as defined in RCW 15.49.011, means seeds that remain hard at the end of the prescribed test period because they have not absorbed water due to an impermeable seed coat.

"Hybrid" as defined in RCW 15.49.011, means the first generation seed of a cross produced by controlling the pollination and by combining (a) two or more inbred lines; (b) one inbred or a single cross with an open pollinated variety; or (c) two varieties or species, except open-pollinated varieties of corn (Zea mays). The second generation or subsequent generations from such crosses are not regarded as hybrids. Hybrid designations must be treated as variety names.

"Inert matter" as defined in RCW 15.49.011, means all matter not seed, that includes broken seeds, sterile florets, chaff, fungus bodies, and stones as determined by methods defined by rule.

"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.

"Inspector" is an individual employed by either WSDA or WSCIA with specific training in procedures, techniques, and seed crop knowledge to secure great accuracy for an objective observation of seed visual quality and/or seed crop purity based upon federal visual phytosanitary or state seed certification standards. The individual is both sound in judgments, impartial, and adequately trained to determine the merits of the seed inspection and/or field.

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

"Kind" as defined in RCW 15.49.011, means one or more related species or subspecies that singly or collectively is known by one common name, for example, corn, oats, alfalfa, and timothy.

"Label" as defined in RCW 15.49.011, 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 mediation.

"Lot" as defined in RCW 15.49.011, means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within permitted tolerances for the factors which appear in the labeling. It appears in this chapter as "lot of seed" and/or "seed lot."

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

"No standard" means there are no published minimum standards for seed certification. It appears in an abbreviated form as NS.

"None found" is used on reports when that test or observation was conducted, and nothing was found. It appears in an abbreviated form as NF.

"Nursery" means an area of two acres or less in which grass for seed production is seeded in rows with 24 inch minimum spacing to facilitate roguing.

"OECD" means the Organization for Economic Cooperation and Development certification scheme.

"Off-type" as defined in the Federal Seed act at 7 C.F.R. § 201.2, means a plant or seed which deviates in one or more characteristics from that which has been described in accordance with § 201.68(c) 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, phytosanitary certificates, laboratory sanitary certificates, reports and other letters or memos, tags, stamps, or similar documents certifying seed quality, purity, or condition.

"Official sample" as defined in RCW 15.49.011, 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; Idaho State Seed Laboratory, Boise, Idaho; and Oregon State Seed Laboratory, Oregon State University, Corvallis, Oregon.

"Open pollinated" means seed produced as a result of natural pollination as opposed to hybrid seed produced as a result of controlled pollination.

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

"Other crop seed" as defined in RCW 15.49.011, means seed of plants grown as crops, other than the kind or variety included in the pure seed, as determined by methods defined by rule.

"PNW" is an acronym for Pacific Northwest which is defined as the geographic region to include Washington, Idaho, and Oregon states.

"PVG" means pre-variety germplasm representing plant species seed which may be collected on native or naturalized sites for the purpose of replication and may be entered into seed certification when meeting eligibility requirements.

"PVP" means a plant variety protection for seed material that is developed by an owner and protected by the Plant Variety Protection Act (PVPA) by providing legal intellectual property rights and protection to breeders of new varieties of plants which are sexually reproduced (by seed) or tuber-propagate. The Plant Variety Protection Office (PVPO) reviews applications and grants certificates that protect varieties for 20 years.

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

"Prohibited (primary) noxious weed seeds" as defined in RCW 15.49.011, are the seeds of weeds which when established are highly destructive, competitive, and/or difficult to control by cultural or chemical practices.

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

"Pure live seed (PLS)" as defined in RCW 15.49.011, means the product of the percent of germination plus hard or dormant seed multiplied by the percent of pure seed divided by 100. The result is expressed as a whole number.

"Pure seed" as defined in RCW 15.49.011, means seed exclusive of inert matter and all other seeds not of the seed being considered as determined by methods defined by rule.

"Purity" means the name or names of the kind, type, or variety and the percentage or percentages thereof; the percentage of other agricultural seed; the percentage of weed seeds, including noxious weed seeds; the percentage of inert matter; and the names of the noxious weed seeds and the rate of occurrence of each.

"Registered seed" as defined in the Federal Seed Act at 7 C.F.R. § 201.2, is a class of certified seed which is the progeny of Breeder or Foundation seed and is produced and handled under procedures established by the department or certifying agency for producing the Registered class of seed, for the purpose of maintaining genetic purity and identity. It appears in an abbreviated form as REG or Registered.

"Restricted (secondary) noxious weed seeds" as defined in RCW 15.49.011, 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.

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

"Screenings" as defined in RCW 15.49.011, mean chaff, seed, weed seed, inert matter, and other materials removed from seed in cleaning or conditioning.

"Seeds" as defined in RCW 15.49.011, means agricultural or vegetable seeds, or other seeds as determined by rules adopted by the department.

"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, hemp, sunflower, 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. Seed standards for the purpose of production of certified seed are listed in chapter 16-302 WAC by crop or kind.

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

"Stop sale, use, or removal order" as defined in RCW 15.49.011, means an administrative order restraining the sale, use, disposition, and movement of a specific amount of seed.

"Sudangrass" means Sorghum bicolor x drummondii.

"Top cross" means the first generation of a cross of an open pollinated variety with either an inbred line, a foundation backcross, or a foundation single cross.

"Treated" as defined in RCW 15.49.011, means that the seed has received an application of a substance, or that it has been subjected to a process for which a claim is made.

"Type" as defined in RCW 15.49.011, means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions.

"Variety" as defined in RCW 15.49.011, means a subdivision of a kind that is distinct, uniform, and stable; "distinct" in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge; "uniform" in the sense that variations in essential and distinctive characteristics are describable; and "stable" in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties.

"Varietal identity" defined as, and limited to, the verification of the identity of a variety, cultivar, or germplasm entity through (a) documentation of the pedigree, i.e., tracing the particular cycle of reproduction back to its origins with the developer, and (b) the application of the developer's variety/germplasm description for certain visible, phenotypic traits in field inspections and seed laboratory analysis.

"Vegetable seeds" as defined in RCW 15.49.011, includes the seeds of those 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.

"United States" means the several states, District of Columbia, and Puerto Rico.

"University" means the Washington State University.

"USDA" means the United States Department of Agriculture.

"WSCIA" means the Washington state crop improvement association.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-006, filed 4/9/25, effective 5/10/25.

Wash. Admin. Code § 16-302-010 Agencies that certify seed in Washington state.

(1) Seed certification in Washington state is conducted under the authority of chapter 15.49 RCW. The department conducts seed certification in cooperation with the Washington state crop improvement association (WSCIA), Washington State University (WSU) and the Association of Official Seed Certifying Agencies (AOSCA).

(2) The Washington state crop improvement association is designated to assist the department in the certification of certain agricultural seeds. A memorandum of understanding between the department and the Washington state crop improvement association designates the Washington state crop improvement association to act as the director's duly authorized agent for the purpose of certifying seed of buckwheat, chickpeas, field peas, lentils, millet, soybeans, small grain, sorghum and forest trees, including conditioning plant inspections for these crops.

(3) The department's seed program certifies seed other than buckwheat, chickpeas, field peas, lentils, millet, quinoa, soybeans, small grain, sorghum and forest trees.

(4) The department's seed program is a vested member of Association of Official Seed Certifying Agencies (AOSCA). The purposes of the AOSCA are:

(a) To establish minimum standards for genetic purity and identity for the classes of Certified seed. Also, to establish minimum seed quality standards to be applied by seed certifying agencies requiring mechanical standards.

(b) To standardize seed certification regulations and procedures, and operational procedures in interagency seed certification.

(d) To cooperate with the state and federal departments of agriculture by suggesting new areas of research to improve seed sampling and testing techniques for seed regulatory purposes.

(5) AOSCA maintains standards for the genetic and crop standards which are the requirements (rules, procedures, and standards) developed for certifying seed and other propagating materials. There are published minimum requirements.

(a) No vested member agency may establish standards lower in any respect but may establish higher standards.

(b) The primary purpose of seed certification is to maintain genetic purity and varietal identity.

(c) For agencies choosing to implement mechanical standards, the publication includes AOSCA minimums related to physical quality, minimum germination, and disease restrictions.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-010, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-010, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005 and chapter 34.05 RCW. WSR 08-13-014, § 16-302-010, filed 6/6/08, effective 7/7/08. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-010, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-015 Seed classes recognized for seed certification.

For the eligibility of varieties of seed refer to WAC 16-302-040. Four seed classes are recognized in seed certification, namely: Breeder, foundation, registered, and certified.

(1) Breeder seed is seed or vegetative propagating material directly controlled by the originating, or in certain cases the sponsoring plant breeder, institution, or firm. Breeder seed supplies the source for the initial and recurring increase of foundation seed. Breeder seed may also be used to produce subsequent generations.

(2) Foundation seed (identified by white tags) is first-generation seed increased from breeder seed or its equivalent. Production must be carefully supervised and approved by the certifying agency and/or the agricultural experiment station. Foundation seed is eligible to produce registered or certified seed.

(3) Registered seed (identified by purple tags) is the progeny of breeder or foundation seed that is handled as to maintain satisfactory genetic identity and purity and is approved and certified by the certifying agency. Registered seed is eligible to produce certified seed.

(4) Certified seed (identified by blue tags) is the progeny of breeder, foundation, registered or certified seed which is handled as to maintain satisfactory genetic identity and purity and is approved and certified by the certifying agency. Certified seed is not eligible for recertification, except as provided for in WAC 16-302-035.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-015, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-015, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-020 Seed standards for proprietary variety certification—Application for proprietary certification.

The general seed certification standards provided for in this chapter together with the varieties eligible for seed certification constitutes the basic requirements for proprietary variety certification.

(1) The owner or designee with production or marketing rights of a proprietary variety must submit to the certifying agency a list of producers or growers who will submit applications for certification showing the variety, acreage authorized, processor authorized, and also advising whether the variety is under genetic purity certification or under complete certification. The list of producers or growers must be submitted prior to the application due dates for seed certification as specified in WAC 16-302-050.

(2) The owner or designee with production or marketing rights of a proprietary variety must submit a full variety description of the variety upon entry into the certification program along with an approved Plant Variety Protection certificate issued by the United States Department of Agriculture (USDA).

(3) Each application for seed certification received by the certifying agency is subject to approval from the list submitted by the owner with production or marketing rights of a proprietary variety.

(4) The certifying agency shall refuse certification of any seed that appears in a processing or conditioning plant not authorized by the owner with production or marketing rights of a proprietary variety.

(5) An application for seed certification may be withdrawn at any time prior to tagging. The applicant is responsible for fees due and owing when an application for seed certification is withdrawn. Refer to chapter 16-303 WAC for certification fees including field application, laboratory analysis, and tagging.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-020, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-020, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-025 Seed standards for genetic purity certification.

All Certified seed must conform to the standards of purity and identity or variety in compliance with chapter 15.49 RCW and rules adopted thereunder. The general certification standards together with the specific crop certification standards established in this chapter are the basic requirements for genetic purity seed certification:

(1) Only proprietary varieties and OECD varieties not of United States origin to be tagged under the OECD scheme are eligible for genetic purity certification.

(2) Only the specific crop certification standards established in rule which pertain to genetic purity such as land requirements and isolation, shall apply for genetic purity certification. Fields must not contain other varieties or off-type plants in excess of established standards. The grower is responsible for controlling noxious weeds to prevent seed formation.

(3) Excessive prohibited and/or objectionable weeds, poor stands, lack of vigor, or other conditions, which make inspection by the certifying agency inaccurate, may be cause for rejection of a field.

(4) Field inspection: A field inspection is made by the certifying agency each year at the time the seed crop is in bloom, or at other times as may be most advantageous to determine genetic purity. A complete record must be maintained on the condition of the field (weeds, crop mixtures, stand quality, land history) and all information reported to the authorized agent and/or grower. Upon completion of all requirements for field inspection, a final field inspection report is issued by the certifying agency that the seed produced passed genetic purity requirements.

(5) Seed standards: The certifying agency shall test all lots to determine the purity and germination quality. Seed to be certified must not contain seeds of other varieties or off-types in excess of standards established in rule. The quality of each lot of seed represented to be certified must be that which is normally acceptable in the marketing of high-quality seed. Failure to maintain acceptable quality shall be considered cause for revoking permission to participate in seed certification by genetic purity.

(6) Processing or conditioning requirements: Only those conditioning plants approved by the department Seed Program are permitted to process seed for certification. Complete records must be kept of all processing or conditioning. Blending of seed lots of the same variety from fields passing field inspections may be permitted with prior approval and if in accordance with requirements for blending. Sampling and all other operations involving Certified seed must be under supervision of the certifying agency. The sample must be obtained in accordance with official sampling procedures. The entire lot must be cleaned and in condition for sale at the time of sampling. This sample must be submitted to the seed laboratory for testing to evaluate quality. Lots of questionable quality may be rejected and not eligible for certification.

(7) Certification tags for seed meeting the genetic purity standards must be clearly marked, "genetic purity certified."

(8) Fees for genetic purity certification are as established for each seed crop in chapter 16-303 WAC and the authorized agent or grower is responsible for all fees.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-025, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-025, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-030 Standards for production of Foundation seed.

The general seed certification standards together with specific crop standards established in this chapter constitute the basic standards for production of Foundation seed as deemed necessary by the certifying agency. Seed to be eligible for foundation certification tags, or OECD basic tags, must be approved by the originating plant breeder or their designated agent, and in compliance with the following standards:

(1) Preplanting report: A preplanting inspection, an industry responsibility, must be made of fields to be planted with Breeder seed. A written report of the preplant inspection, performed by either a representative of the person issuing the contract or by the grower must be maintained by the variety owner or designee for a minimum of three years. The report shall show the grower's name, number of acres, location, crop and land history for the past three years, crops to be planted, origin of breeder seed, isolation status, and weed and crop present.

(2) Planting requirement: To distinguish between any possible volunteer and the crop seeded, all fields must be planted in distinct rows. Plants outside defined rows may be construed as volunteers.

(3) Combine inspection: The combine used for seed harvesting may be cleaned and inspected prior to harvesting Foundation or OECD basic seed. The combine must be free of all contaminating material. If an official combine inspection is requested, the certifying agency must be notified of the following: The date, time, and location where the combine inspection may be made.

(4) Processing plant inspection: The processing or conditioning plant must be inspected before processing Foundation or OECD basic seed and periodic inspections will be made during processing by the processor. Conditioners shall permit inspection by the certifying agency of all records pertaining to Certified seed.

(5) Recleaning, rebagging, preinoculation, treating, or other processes must be approved by the certifying agency. An original tag must be submitted with the request for recertification and the seed must be retagged and resealed on completion.

(6) For a proprietary variety the above combine inspection (subsection (3) of this section), and processing plant inspection (subsection (4) of this section), responsibility may be assigned to the proprietor or their designee upon their request. The variety owner or designee must maintain a report covering required inspections.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-030, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-030, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-030, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-035 Limitation of generations for seed certification.

The number of generations through which a seed variety may be multiplied is limited to the number specified by the originating breeder or owner of a variety except that:

(1) Unlimited recertification of the Certified seed class may be permitted for crop varieties where Foundation seed is not being maintained.

(2) The production of an additional generation of the Certified class may be permitted on a one-year basis when:

(a) Prior to the planting season, the certifying agency states that Foundation and Registered seed supplies in the United States are not adequate to plant the needed acreage of the variety.

(b) Permission of the originating breeder and/or owner of the variety is obtained and provided in writing to the department (if applicable).

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-035, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-035, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-040 Varieties eligible for seed certification in Washington state.

(1) Only seed varieties that are accepted as meriting seed certification by an appropriate AOSCA National Variety Review Board or a member agency of AOSCA in accordance with the criteria listed below may be eligible for seed certification in Washington state. The following items (see Federal Seed Act at 7 C.F.R. § 201.68) or their equivalent (from national/international programs) must be made available by the originator, developer, owner, or agent when eligibility for certification is requested:

(a) The name of the variety or its experimental designation(s). This name must be the established name if the variety has previously been marketed.

(b) A statement concerning the variety's origin and the breeding procedure used in its development.

(c) A detailed description of the morphological, physiological, and other characteristics of the plants and seed that distinguish it from other varieties.

(d) Evidence supporting the identity of the variety, such as comparative yield data, insect and disease resistance, improved end-use traits or other factors supporting the identity of the variety. These claims must be supported by data and statistics commonly recognized as supporting science-based decisions.

(e) A statement giving the suggested region of probable adaptation and purposes for which the variety is used.

(f) A description of the procedure for maintenance of stock seed classes, including the number of generations through which the variety can be multiplied.

(g) A description of the manner in which the variety is constituted when a particular cycle of reproduction or multiplication is specified.

(h) Any additional restrictions on the variety, specified by the breeder, with respect to geographic area of seed production, age of stand or other factors affecting genetic purity.

(i) A sample of the seed representative of the variety as marketed.

(j) Expectations for requiring that the variety be sold by name only as a class of Certified seed under provisions of Title V of the United States Federal Seed Act.

(k) Should additional certification testing be required to verify the presence of a particular trait by the developer, sponsoring breeder or originator before final certification, the exact protocol, approved facilities, tolerances and all other relevant information must be provided to the department.

(2) The information listed in subsection (1) of this section is also required for submission to an AOSCA National Variety Review Board or other certifying agency for acceptance of a seed variety for certification.

(3) Verification of such characteristics will be completed before a certificate (tag) of final certification is issued by the seed certifying agency.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-040, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-040, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 10-02-113, § 16-302-040, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-040, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-045 Applying for seed certification in Washington state.

To participate in the Washington state seed certification program, submit an application for seed certification to the appropriate certifying agency.

(1) An application for seed certification must be submitted for each crop, variety and field location.

(2) Applications may be obtained from the certifying agency listed in WAC 16-302-010.

(3) The applicant is responsible for payment of all fees. Washington State University, its official agents and USDA Plant Material Center are exempt from paying fees on seed stock.

(4) The applicant must include with the application for seed certification official tags/labels and/or other verification from the seed stock planted. The applicant must also attach proof of quarantine compliance when required, under chapter 16-301 WAC.

(5) When it is necessary to reseed due to a failure to get a stand, the applicant will retain records of the seed lots used and the date of reseeding. Reseeding must be done within two years of the original planting date for grasses or within one year for all other crops.

If seed stock of a different lot is used for reseeding, the grower must submit proof of seed stock used on a seedling application. An additional application fee will be charged for review of the new documentation provided.

(6) Refer to chapter 16-303 WAC for appropriate fees.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-045, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-045, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 03-18-072, § 16-302-045, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-045, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-050 Submitting an application for seed certification.

(1) Seed certification application due dates are:

(a) For seed certified by the department: Alfalfa, clover, grasses and rapeseed (seedling applications) - Within 60 days of planting.

(i) Except for crops inspected by WSCIA, an applicant may request to the department a dryland production waiver in advance of planting to postpone a new seedling application due date in areas of dryland production regions when winter kill and spring emergence is an unknown factor to crop stand establishment.

At its discretion, which may include consideration of current weather and climate data, the department may approve the waiver request in writing to allow for a late seedling application due to assessment of the crop stand and/or quality.

(ii) Seedling applications will not be accepted if received more than 105 days after planting.

(iii) A late application fee will be applicable if the department is unable to process an application for regular inspection intervals. The certification agent may choose to decline the application for seed certification even with an approved dryland production waiver for a late application.

(iv) Applications which cause extraneous measure by the certification agency to process an application and inspect the field may be charged a time and mileage fee in addition to the standard late fee to cover costs.

(b) Hybrid canola or hybrid rapeseed - Fall plantings February 1st; Spring plantings - 21 days after planting.

(d) Notification of a seedling field to be harvested for certification in the same year of planting is due July 31st with the required fees.

(i) Bean - 21 days after planting.

(ii) Corn - June 1st.

(iii) Industrial hemp - 21 days after planting.

(2) For seed certified by the Washington state crop improvement association (WSCIA) seed certification application due dates are:

(a) Fall planted small grains, peas and lentils - April 1st.

(b) Spring planted small grains, peas, lentils, quinoa, and millet - June 1st.

(d) Hybrid small grains - Fall plantings February 1st; spring plantings - 21 days after planting.

(e) Buckwheat and soybean - July 1st.

(f) Sorghum - July 15th.

(g) Forest tree seed certification - Refer to specific crop requirements in chapter 16-319 WAC.

(3) An application for seed certification must be submitted to the certifying agency each year a producer or grower plans to produce seed for certification of annual crops (beans, peas, grain).

(4) A renewal application for seed certification must be submitted to the certifying agency after a stand is established each year that a producer or grower plans to produce seed for certification of perennial crops (alfalfa, clover, grass, woody plants, and forbs). Due dates for renewal applications are as follows:

(a) Alfalfa and clover - April 15th.

(b) Grass - April 15th.

(d) A late application waiver request for dryland production regions will not be accepted for renewals as the crop stand is established.

(5) Applications received after the due date are assessed a late application fee.

(6) No renewal application for seed certification may be accepted after the due date if a field inspection cannot be conducted prior to harvest except at the discretion of the certifying agency.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-050, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and chapter 34.05 RCW. WSR 18-19-017, § 16-302-050, filed 9/10/18, effective 10/11/18
WSR 18-10-055, § 16-302-050, filed 4/27/18, effective 5/28/18. Statutory Authority: RCW 15.120.030(3), 15.49.021, 15.49.310, and chapter 34.05 RCW. WSR 17-08-090, § 16-302-050, filed 4/5/17, effective 5/6/17. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-050, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-050, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-055 Responsibilities when participating in the seed certification program.

All participants in the seed certification program must:

(1) Maintain the genetic purity and identity during seeding, growing, harvesting, and postharvest storage, and ensure reasonable precaution is taken to control contaminating crops and varieties, noxious weeds, and seed-borne diseases.

(2) Prevent seed crop and lot mixture when harvesting.

(3) Identify the seed crop as it is delivered to the processor with the assigned field number or numbers.

(4) Clean the seed crop at a seed conditioner approved by the department under WAC 16-302-125. A list of approved seed conditioners may be obtained from the department seed program.

(5) Comply with standards and procedures for seed certification under the authority of chapter 15.49 RCW and rules adopted thereunder.

(6) Prior to planting, comply with the quarantine provisions under chapter 16-301 WAC.

(7) Harvest of seed before a field inspection by the certifying agency causes forfeitures of both the application and field inspection fees, and completion of certification.

(8) Failure of seed growers to comply with the seed laws and rules is cause for the department to deny certification of seed under the provisions of chapter 34.05 RCW, the Administrative Procedure Act.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-055, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-055, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-060 Certification requirements for seed.

(1) The general seed certification rules in addition to the rules adopted on specific seed crop standards constitute the certification requirements for the seed crops listed in this chapter.

(2) Crops approved for certification for which rules are not in effect may be certified under the minimum requirements for seed certification as shown in WAC 16-301-010. Fees for certification of seed shall be the most applicable fees established by the department in rule.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-060, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-060, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-065 Land history—Seed certification.

(1) Land requirements for seed certification are as established in the specific seed crop standards.

(2) When a cultural practice has proved to be successful, requirements may be modified upon written approval of the seed certifying agency. Cultural practice may include any of the following:

(a) Mechanical means such as deep plowing.

(b) Chemical means such as fumigants.

(c) Other material for seed bed preparation. Materials and methods must be a matter of record. Any practice used must be adequate to ensure varietal purity and must be approved in writing by the certifying agency.

(3) Any deviations from established land requirements must be submitted in writing to the certifying agency for approval.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-065, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-065, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-070 Seed field inspections by the certifying agency.

The certifying agency conducts field inspections as follows:

(1) A seedling field is inspected at the most appropriate time after receipt of seedling application. If the field produces seed the same year of planting, a seedling producing inspection is made prior to harvest.

(2) Each year a crop of Certified seed is produced, field inspections are made at a time when factors affecting certification are most evident.

(3) The unit of certification is defined as the entire field standing at the time of inspection. A portion of a field may be certified if the area to be certified is clearly defined by flagging, stakes or other visual means.

(a) The border area of the field is considered the unit of certification if it is planted to the same crop and is inclusive of the acreage applied for.

(b) The unit of inspection may include areas adjacent to a field or areas of surveillance if these areas contain factors that would impact the certification eligibility of the seed crop as defined in the specific crop standards. Such factors may be, but are not limited to, contaminating pollen sources, weeds, jointed goatgrass, jointed goatgrass hybrids or other crop.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-070, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-070, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 10-08-029, § 16-302-070, filed 3/31/10, effective 5/1/10. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-070, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-075 Tolerances stated as "none found."

A tolerance of "none found" (NF) for contaminating or diseased material in either field or clean seed standards means that none was found during the normal procedure of field inspection or seed sample testing. None found does not constitute a guarantee that the field or seed is entirely free of the contaminant or disease. It is not a guarantee that the seed lot inspected is free of the factor.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-075, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-075, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-080 Seed fields ineligible for seed certification.

(1) A seed field is not eligible for certification unless a field inspection is made prior to defoliation or harvesting.

The only exception is for a dry bean seed crops when direct harvest methods are necessary and communicated at the time of application.

(2) Prohibited noxious weeds must be controlled to prevent seed formation, with the exception of jointed goatgrass or jointed goatgrass hybrids. The presence of jointed goatgrass or jointed goatgrass hybrids in "small grain" fields will be cause for rejection. Follow-up inspections may be conducted to ensure weed control was sufficiently carried out to prevent prohibited noxious weed seeds from being harvested with the seed crop.

(3) Excessive objectionable weeds may be cause for rejection of a seed field. Excessive weeds, poor stands, lack of vigor, or other conditions which make inspection inaccurate may individually or collectively be cause for rejection.

(4) A field producing Foundation or Registered seed class that warrants a rejection because of noxious weeds may be reclassified to Certified class if upon reinspection the field meets certified standards.

(5) If a seed field is rejected for certification, the producer or grower may reapply to the certifying agency and pay a fee for reinspection after the cause for rejection is corrected, unless otherwise specified in chapter 16-302 WAC.

No more than two reinspections are permitted for each field per year.

(6) Refer to chapter 16-303 WAC for applicable reinspection fees.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-080, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-080, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 10-08-028, § 16-302-080, filed 3/31/10, effective 5/1/10. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-080, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-085 Withdrawing a field from inspection for seed certification.

(1) The applicant applying for seed certification may withdraw a field from field inspection for seed certification by notifying the certifying agency before the field is inspected.

(2) No refund on rejected fields due to findings or results. To be eligible for a refund of the per acre fees, the seed crop application must be withdrawn prior to the field inspection.

(3) Refer to WAC 16-303-320 for details on fees and criteria for a partial or full refund.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-085, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-085, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-085, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-086 Agency power to reject certification.

(1) The certifying agency shall have the authority to reject from certification any lot of seed not meeting these regulations. The agency reserves the right to refuse certification on any lot of seed if, in the opinion of the certifying agency, the seed lacks uniformity, the field has excess weeds or conditions which are apt to make the inspection inaccurate, or the seed color, appearance, and/or condition might be detrimental to the certification program.

(2) The certifying agency has the authority to refuse certification if the labeling of containers is misleading or may tend to be confusing as to its contents.

(3) Persons found guilty of violation or misuse or abuse of these regulations shall be subject to prosecution under chapter 15.49 RCW. Proof of violation may result in removal of privileges of certifying, labeling, dealing in or handling Certified seed.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-086, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-086, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-090 Sampling—Methods used in the sampling, inspecting, testing, analyzing and examining seed for certification.

(1) The terms used in seed testing and the methods of sampling, inspecting, analyzing, testing and examining seed for certification are those adopted by the AOSA as shown in WAC 16-301-010. Other testing methodologies such as, but not limited to, genetic testing may also be used to determine certification eligibility.

(2) The entire lot of seed must be cleaned, the quantity defined, and in condition for sale at the time of sampling, except for ryegrass, which may be sampled under the early sampling program as allowed in WAC 16-302-091.

(3) The department shall obtain a representative sample for laboratory analysis of each lot of seed for certification. The sample shall be taken in accordance with official sampling procedures. Official sampling procedures are as follows for seeds in bags:

(a) When more than one core is drawn from a bag, follow different paths. When more than one handful is taken from a bag, take them from well-separated points.

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

(c) For lots of more than six bags, sample five bags plus at least 10 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 30 bags.

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

(4) Bulk seed: To obtain a composite sample, take at least as many cores or handfuls as if the same quantity of seed were in bags of an ordinary size. Take the cores or handfuls from well distributed points throughout the bulk.

(5) Seed in small containers: Seed in small containers shall be sampled by taking the entire unopened container in sufficient number to supply a minimum size sample for testing. The contents of a single container or the combined contents of multiple containers of the same lot shall be considered representative of the entire lot of seed sampled.

(6) A mechanical sampling device installed in a conditioning plant approved by the department under WAC 16-302-125 may be used in lieu of the sampling procedures above. Hand samples taken during the conditioning process may also be used in lieu of the sampling procedures above.

(7) If it is necessary for a sample to be taken by the department, a sampling fee will be charged under provisions of chapter 16-303 WAC.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-090, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-090, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-090, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-091 Program for early sampling of ryegrass.

The procedure for participating in the program for early sampling of ryegrass is as follows:

(1) Any company participating in this program must submit a report to the seed program listing the grower, acreage, variety, and field number of each field to be enrolled. This report must be filed by June 15th of each year. For fields that are in their second year of production or beyond, all lab numbers of tests from the previous year must also be provided.

(2) The seed company is responsible for having their field personnel sample each field in the windrow. The sample must be obtained from well-distributed points throughout the field. It is recommended that samples be thrashed and cleaned prior to testing. An additional fee will be charged for samples that are not cleaned. Samples must be forwarded to the seed program with the following information: The crop and variety, field number, grower, the name of the seed company, and a request for germination and fluorescence test. The sample must also indicate that it is being submitted under the early sampling program for ryegrass.

(3) At the time of conditioning the seed, a composite sample must be submitted to the seed program for purity testing. The sample information must indicate the seed is from a field under the early sampling program for ryegrass. In addition to providing complete certification information, the lab number on which the fluorescence test was conducted must also be provided. The seed program may run a fluorescence test on the composite sample to verify the results from the early sample.

(4) Certification tags will be issued upon completion of all required testing meeting the minimum certification standards for ryegrass. A tagging request must be filed with the seed program.

(5) Failure to comply with the requirements of this section will result in the disqualification of the seed company from the early sampling program for the year.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-091, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 02-12-060, § 16-302-091, 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. WSR 00-24-077, § 16-302-091, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-095 Identification of seed containers with field or lot numbers.

(1) The field number must be on all seed containers or bulk seed delivery documents to ensure identity when delivered to the seed conditioner.

(2) All seed for certification must be packaged in clean, new containers of uniform weight and identified with a lot number when tagged and sealed. The lot number must identify the producer and year of production for each lot of seed. This requirement may be satisfied by use of a conditioner's code.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-095, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-100 Seed certification—Prohibited noxious weed seed.

The following are considered prohibited noxious weeds for the purpose of seed certification.

| english or common name | botanical or scientific name | | --- | --- | | Austrian fieldcress | Rorippa austriaca | | Field bindweed | Convolvulus arvensis | | Hedge bindweed | Calystegia spp. | | Camelthorn | Alhagi maurorum | | Canada thistle | Cirsium arvense | | Dodder | Cuscuta spp. | | Hairy whitetop | Lepidium appelianum | | Hoary cress | Lepidium draba | | Jointed goatgrass and jointed goatgrass hybrids | Aegilops cylindrica | | Leafy spurge | Euphorbia esula | | Palmer amaranth | Amaranthus palmeri | | Perennial pepperweed | Lepidium latifolium | | Perennial sowthistle | Sonchus arvensis | | Quackgrass | Elymus repens | | Knapweed complex: | | | Bighead | Centaurea macrocephala | | Vochin | Centaurea nigrescens | | Black | Centaurea nigra | | Brown | Centaurea jacea | | Diffuse | Centaurea diffusa | | Meadow | Centaurea x moncktonii | | Russian | Rhaponticum repens | | Spotted | Centaurea stoebesubsp. australis | | Purple starthistle | Centaurea calcitrapa | | Yellow starthistle | Centaurea solstitialis | | Serrated tussock | Nassella trichotoma | | Silverleaf nightshade | Solanum elaeagnifolium Cav. | | Sorghum perennial such as, but not limited to, johnsongrass, columbus grass, and perennial sweet sudangrass | Sorghum spp. Sorghum halepense Sorghum almum Sorghum bicolor (L.) Moench ssp. drummondii | | Tansy ragwort | Jacobaea vulgaris | | Yellow-flowering skeleton weed | Chondrilla juncea | | White cockle | Silene latifolia (only in timothy) | | Bladder campion | Silene vulgaris (only in timothy) | | Lepyrodiclis | Lepyrodicilis holosteoides | | Velvetleaf, Butterprint | Abutilon theophrasti |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-100, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and chapter 34.05 RCW. WSR 18-19-017, § 16-302-100, filed 9/10/18, effective 10/11/18. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-100, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapter 15.49 RCW. WSR 09-16-006, § 16-302-100, filed 7/22/09, effective 8/22/09. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-100, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-105 Seed certification—Objectionable weeds.

The following weeds are considered objectionable noxious weeds for the purpose of seed certification.

| english or common name | botanical or scientific name | | --- | --- | | Blackgrass or slender foxtail | Alopecurus myosuroides | | Blue lettuce | Lactuca tatarica | | Docks and sorrel | Rumex spp. | | Field pennycress (fanweed) | Thlaspi arvense | | Field sandbur, Coast sandbur | Cenchrus spinifex | | Halogeton or clustered barilla salt | Halogeton glomeratus | | Medusahead | Taeniatherum caput-medusea subsp. caputmedusae | | Plantains | Plantago spp. | | Poverty weed | Iva axillaris | | Puncturevine | Tribulus terrestris | | St. Johnswort, Klamathweed | Hypericum perforatum | | Dalmation toadflax | Linaria dalmatica | | Yellow toadflax | Linaria vulgaris | | Western ragweed, Perennial ragweed | Ambrosia psilostachya | | Wild mustard | Sinapis arvensis subsp. arvensis | | Wild oat | Avena fatua | | Gromwell (in small grain) | Buglossoides arvensis | | Bedstraw | Galium spp. (in alfalfa only) | | Black mustard | Brassica nigra | | Brown mustard | Brassica juncea (in rapeseed or canola only) | | Wild radish | Raphanus raphanistrum | | Dyers woad | Isatis tinctoria |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-105, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-105, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapter 15.49 RCW. WSR 09-16-006, § 16-302-105, filed 7/22/09, effective 8/22/09. Statutory Authority: Chapters 15.49, 17.24, and 34.05 RCW. WSR 06-01-111, § 16-302-105, filed 12/21/05, effective 1/21/06. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-105, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-110 Completion of seed certification—Tagging, labeling, or sealing.

(1) The seed certification tag, label or seal is evidence of the genetic identity and purity of the contents must be attached to a container of certified seed prior to distribution. Seed that fails to meet certification standards because of genetic purity is not eligible for labeling.

(2) Seed certification tags, labels, and seals must be obtained from the certifying agency except as allowed in WAC 16-302-390, and must be attached to seed containers in accordance with the certifying agency's rules.

(3) Certification of seed is valid only if the tag, label or seal is affixed to each container in accordance with the AOSCA procedures as shown in WAC 16-301-010.

(4) No tag, label or seal may be removed and reused without permission of the certifying agency.

(5) A certified seed sale certificate will be issued upon completion of final certification for all seed to be sold in bulk. This certificate must accompany any shipment or transfers including those to other seed plants, out-of-state shipments or with any brokered seed. The seed plants own invoice may be used in lieu of a certified seed sale certificate for retail sales to growers. The invoice must contain the certification information from the certified seed sale certificate as well as labeling information as required in WAC 16-301-015, 16-301-020, and 16-301-030.

(6) Seed that fails to meet certification requirements on factors other than genetic purity may be designated substandard at the discretion of the certifying agency. The certification tag or label attached to the seed must clearly show the reason the seed is substandard. Seed may not be tagged substandard if the seed can be remilled to meet minimum seed standards.

(7) Refer to chapter 16-301 WAC for seed labeling requirements.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-110, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 03-18-072, § 16-302-110, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-110, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-115 Limitation of liability—Certification.

(1) The issuance of a Certified seed label or certificate by the certifying agency for a lot of seed affirms that seed has been produced and conditioned according to chapter 15.49 RCW and the certification rules adopted thereunder.

(2) The certifying agency makes no warranty, expressed or implied or any representation as to the freedom from disease or quality of Certified seed.

(3) The certifying agency only certifies that samples taken from the lot of seed, which are believed to be representative of the seed in the container from which the sample was taken, met the standards of the certifying agency at the time the tests were conducted.

(4) The producer or vendor whose name appears on the container is solely responsible for the information which appears on the analysis label. The producer or vendor is responsible for the proper use of this certification label. Certification labels may not be modified.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-115, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-115, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-120 Labeling, advertising or other representation of seed—Prohibitions.

It shall be deemed unlawful if any labeling, advertising, or other representation subject to chapter 15.49 RCW represents:

(1) Seed to be certified seed or any class thereof unless it has been determined by a seed certifying agency that such seed conforms to standards of purity and identity as to species (and subspecies, if appropriate), and variety, in compliance with the rules and laws of that agency pertaining to such seed.

(2) Seed to be foundation, registered, or certified seed unless it has been inspected and tagged accordingly by a certifying agency as meeting certification standards of the department.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-120, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-125 Conditioning seed in Washington state.

(1) Under the authority of RCW 15.49.350, a seed conditioning facility must be inspected and approved by the department or its authorized agent prior to conditioning seed in Washington state. Upon approval by the department, a seed conditioning permit is issued and the facility is placed on a list of approved seed conditioning plants. A copy of the list can be obtained by contacting the department seed program.

(2) A person desiring to condition seed must make application to the department for a permit.

(3) To obtain department approval for a seed-conditioning permit, the department or its authorized agent conducts an inspection. A facility must show evidence that:

(a) Seed for certification is handled in a manner which prevents mixture of lots of seed;

(b) The seed conditioning facility is maintained and cleaned. Equipment must be easily accessible for cleaning and inspection, and must be cleaned between lots;

(d) Screenings are disposed of in accordance with chapter 15.49 RCW; and

(e) Seed is sampled in accordance with WAC 16-301-095, 16-302-090 and 16-302-091.

(4) A seed conditioning facility must be approved by the department prior to handling seed for certification in bulk.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-125, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-125, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 02-12-060, § 16-302-125, 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. WSR 00-24-077, § 16-302-125, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-130 Responsibilities of a seed conditioner.

(1) It is the responsibility of a department approved seed conditioner to operate in a manner that:

(a) Maintains the purity and identity of seed conditioned, stored, transshipped or labeled.

(b) Complies with the standards and procedures for conditioning and sampling seed in accordance with chapter 15.49 RCW and rules adopted thereunder.

(2) Prior to shipping seed out-of-state, adhere to WAC 16-302-145 through 16-302-165 for interagency seed certification requirements.

(3) Records of all operations must be complete and adequate to account for all incoming seed and final disposition of seed.

(4) The seed conditioner is responsible for seed certification fees including sampling, testing, final certification fees, tagging as applicable and may request the responsibility for additional fees.

(5) Failure of a seed conditioner to comply with the seed law and rules is cause for the department to revoke a seed conditioning permit under the provisions of chapter 34.05 RCW, the Administrative Procedure Act.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-130, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-130, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-130, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-135 Considerations for blending seed.

(1) The size of seed blend permitted is dependent on factors such as quality of seed lots to be blended and the conditioning plant facilities permit. Approval by the department or certification agent is required in advance to blend seed lots. The issuance of certified blend tags is based on each component seed lot's eligibility, qualifying seed tests for the blended lots, and compliance with the provisions of this chapter.

(2) For eligibility of each seed lot of one variety blended to form a larger lot of uniform quality that meets Washington seed standards, the seed conditioner must maintain and provide a file blend data sheet with the certifying agency.

All component lot certification tags must be forwarded to the department within 10 days of completing the blend.

(3) Laboratory analysis of the individual lots used in the blend must be submitted with the blend data sheet request. Tests must have a WA-state noxious weed seed exam and meet Washington certification standards to qualify for immediate eligibility.

(a) Components within the lots requiring interagency certification must have an all-states noxious weed seed exam, and meet another state's or Washington's certification standards, to qualify for immediate eligibility.

(b) All tests must be completed before the blend data sheet is submitted and tags are issued.

(c) If 18 months have passed since the last viability test of any of the component lots, the blend sample must also be tested for viability before tags are issued.

(4) If the blended weight exceeds the sum of the components' poundage by more than five percent, the applicant must submit a written justification and revised blend data sheet for review by the certification agency.

(5) Seed must be blended by a seed conditioner approved by the department under WAC 16-302-125.

(6) A representative of the certifying agency may supervise the blending operation.

(7) A tetrazolium test may be used in lieu of a germination test for issuance of Washington blend tags.

| Note: | This may not meet Federal Seed Act standards for interstate transport. | | --- | --- |

(8) Field run lots of seed may be commingled to facilitate conditioning. The blend fee shall not apply.

(9) Remill lots of seed may be blended prior to testing to facilitate processing.

(10) Individual lots of grass seed shall not contain more than 180 per pound of objectionable weed seeds.

(11) Alfalfa and clover seed shall not contain more than 90 per pound of objectionable weed seeds.

(12) Individual lots must be free of prohibited noxious weed seeds.

(13) Two or more sod quality lots may be blended and tagged as a "sod quality blend." Appropriate tags will be issued and quality sod fee shall be applicable.

(14) Seed lots resulting from a blend of different Certified classes may only be labeled at the lower class.

(15) Fees for blending of Certified seed shall be the most applicable fees established by the department in rule, see chapter 16-303 WAC.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-135, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-135, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-135, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-140 Tagging seed blends prior to analysis.

Blends are eligible for tagging prior to analysis if the blended lot meets the following conditions:

(1) The calculated percent of impurities (intended crop, weeds, other crop, inert, or other seed standards) of the seed lot components are 20 percent less than the maximum allowed in rules for seed certification.

(2) The calculated percent of germination is not less than the minimum germination standard established in the rule for seed certification.

(3) All lots of seed blended must meet certification standards.

(4) All lots of seed used in a Registered class blend must meet Registered class purity and germination standards.

(5) Certified tags may be issued for the blend lot in advance of a completed purity test if all the components in the seed lots meet the requirements for certification tagging.

(6) Fees for blending are payable to the department by the applicant requesting permission for the blend and tagging.

(7) Refer to chapter 16-303 WAC for the appropriate fee.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-140, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-140, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-140, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-142 Standards for verification of turf seed ingredients—Mixtures.

The general rules for seed certification are basic and together with the following specific requirements constitute the rules for certification identity of mixtures of different kinds of turf Certified seed:

(1) A mixture is defined as Certified seed lots of different varieties of one or more crop kinds and labeled "mixture of Certified seed."

(2) Varieties which are currently listed as experimental or OECD only are not eligible for Certified mixture tagging.

(3) A blend data sheet, including proof of certification for each seed lot component, verifying the seed origin and the certifying agency along with the seed analysis report and pounds of each lot must be submitted to the certifying agency for approval.

(a) The blend data sheet must accurately reflect the intended mixture.

(b) If the final mixture weight exceeds the sum of the components poundage by more than five percent, the applicant must submit a written justification and a revised blend data sheet for review by the department.

(4) Each component lot of Certified seed in the mixture shall:

(a) Meet minimum seed standards of the certifying agency;

(b) The seed sample shall be obtained in accordance with official sampling procedures;

(d) Eligible seed lots must have qualifying purity and viability tests completed within the last 18 months;

(e) Component lots requiring interagency certification must have an all-states noxious seed exam, and either a germination or tetrazolium test in lieu of viability; and

(f) Meet Washington state seed certification standards. A copy of the qualifying certified test report must be provided with the blend data sheet.

(5) The applicant must maintain all records related to the mixing and distribution of the mixture lot and the acquisition of its components in accordance with RCW 15.49.360. These records must be provided to the department upon request.

(6) The seed sample shall be identified with:

(a) The verification of certification, origin, and certifying agency;

(b) The crop kind/variety;

(d) Total size of each lot component.

(7) The certifying agency reserves the right to:

(a) Refuse permission to use individual lots based upon the analysis report;

(b) Request a retest of one or more of the components;

(d) Approve the containers and labeling to be used; and

(e) The certifying agency may sample the final mixture.

(8) Each container with an official certification label verifying that the individual lots used were Certified seed lots.

(9) For a mixture to be labeled sod quality each component shall meet sod quality standards in WAC 16-302-410 or 16-302-412 and comply with subsections (1) through (8) and (10) of this section.

(10) Fees for turf seed mixing shall be the same as the current blend fee. Refer to chapter 16-303 WAC for appropriate fees.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-142, filed 4/9/25, effective 5/10/25. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 02-12-060, § 16-302-142, filed 5/30/02, effective 6/30/02.

Wash. Admin. Code § 16-302-145 Interagency seed certification standards.

(1) Interagency certification is the participation of two or more official certifying agencies in performing the services required to certify the same lot or lots of seed.

(2) The general rules for seed certification and specific certification standards are basic and together with WAC 16-302-150 through 16-302-165, constitute the rules for interagency certification for Washington state.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-145, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-150 Eligibility for interagency certification.

(1) Seed recognized for interagency certification must be received in containers carrying official certification labels, accompanied by transfer certificates or other proper documentation showing evidence of its eligibility from another official certifying agency together with the following information:

(a) Variety and species;

(b) Quantity of seed;

(d) Field or lot number traceable to the previous certifying agency's records.

(2) Seed tagged and sealed with official certification tags is eligible for interagency certification without obtaining approval from the certifying agency of the originating state.

(3) An "interagency Certified seed" report form must be submitted to all certifying agencies involved. Forms can be obtained from the certification agency. Information required to complete the form includes:

• Name

• Address of shipper

• Destination

• Shipping weight

• Lot number and receiving weight

• Grower name

• Field number

• Date of seed shipment

• Amount of seed used

• Date shipment is received by the receiving state

• Clean weight

• Bag count

• New lot number if different than the receiving lot number

(4) Certified seed not tagged and sealed with official certification tags must follow the interagency certification procedure in WAC 16-302-155.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-150, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-150, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 03-18-072, § 16-302-150, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-150, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-155 Interagency seed certification procedure.

Certified seed that is produced in Washington state and shipped out-of-state must comply with the interagency seed certification procedure as set forth as follows:

(1) The interagency seed certification procedure for field pea, lentil, soybean, small grain and sorghum seed is as follows:

(a) A Certified seed sale certificate must be executed by the department for unprocessed seed pending final certification when moved out-of-state; and

(b) Unprocessed seed pending final certification is subject to all certification fees when moved out-of-state.

(2) The interagency seed certification procedure for all other kinds of seed except field pea, lentil, soybean, small grain and sorghum seed shipped out-of-state is as follows:

(a) Complete all sections of "interagency Certified seed" report referred to in WAC 16-302-150(3). One copy of the "interagency Certified seed" report must be submitted to the department seed program and one copy to the certifying agency where seed is being processed.

(b) Clearly mark each container with the lot number and Washington field number.

(c) If the department is to finalize certification, upon completion of seed processing, the "interagency Certified seed" report referred to in WAC 16-302-150(3) must be completed and submitted to the appropriate certification agency. A sample must be submitted to the department seed program.

(d) When Washington state certification tags are used, the lot must be tagged and sealed under supervision of the department. The applicant must pay a mileage fee and hourly rate for all additional mileage and travel time required.

(e) When Washington state interagency tags are used, the tags must be mailed to the nearest representative of the certifying agency having jurisdiction for tagging.

(f) If another state receives seed and finalizes certification, the department must advise the receiving state's certifying agency of certification eligibility. Sampling, testing, and tagging shall be in accordance with the receiving state's requirements.

(g) The applicant for interagency seed certification is responsible for all fees authorized under Washington's certification program and any additional fees that may be assessed by both agencies involved. Fees for Washington's interagency certification program must be paid upon submission to the department of the "interagency Certified seed" report.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-155, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-155, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 03-18-072, § 16-302-155, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-155, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-160 Interagency seed certification standards—Seed produced out-of-state.

(1) Certified seed produced out-of-state and shipped into Washington state for processing is eligible for Washington interagency tags only after obtaining approval from the certifying agency of the originating state. The seed must then comply with Washington certification standards.

(2) Certified seed produced out-of-state that is officially tagged and sealed must be handled under the interagency program if seals are to be broken for reinoculation or other processing. The applicant for interagency seed certification must obtain approval from the department prior to breaking the official seals and all operations must be under the supervision of the certifying agency.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-160, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-165 Interagency certification requirements—Blends.

(1) Blends of different origin can be authorized only after obtaining approval from certifying agencies involved. Blends must comply with blend standards established by the department (see blending of Certified seed in this chapter).

(2) Interagency tags used must show percentage of each origin involved.

(3) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-165, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-165, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-170 Other considerations in applying the standards for certification.

(1) Any crop certification standard, with the exception of germination that is expressed as a percent will be derived from a test based on the minimum weight for purity analysis as specified in the 2024 AOSA rules for that crop unless otherwise specified in rule.

(2) Any crop certification standard that is based on a number per pound will be derived from a test based on the minimum weight for noxious weed seed examination as specified in the 2024 AOSA rules for that crop unless otherwise specified in rule.

(3) For species that have a high rate of inherent dormancy, it will be acceptable to use the percent of total viability instead of germination percentage for certification only. State and federal seed laws require seed be labeled on a germination test.

(4) For species or varieties that contain GMO (genetically modified organism) traits, herbicide resistant traits, or other novel traits, each seed lot may be required to meet minimum trait standards as defined by the breeder or trait owner. The variety description must define the trait. To determine the level of trait present, a test such as PCR (polymerase chain reaction) or specified bioassay test may be required. If a test is not otherwise available, the variety owner must provide testing protocols to the department.

(5) Refer to chapter 16-303 WAC for the appropriate fee.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-170, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-170, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 10-08-028, § 16-302-170, filed 3/31/10, effective 5/1/10. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-170, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-210 Organization for Economic Cooperation and Development.

The Organization for Economic Cooperation and Development (OECD) certification scheme is an international organization limited to federal government membership. The agricultural research service of the United States Department of Agriculture is responsible for implementing the OECD seed certification schemes in the United States. The department, by virtue of an agreement with the agricultural research service, United States Department of Agriculture, is authorized to implement OECD certification in Washington state.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-210, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-210, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-215 Crop standards for OECD variety certification.

(1) With the exception of seed standards established in rule by the department and the OECD scheme for varietal certification, the general and specific crop certification standards are basic and, together with the following specific standards, constitute the rules for OECD varietal seed certification.

(2) Varieties eligible for OECD certification:

(a) Crop varieties of United States origin shall be eligible for OECD certification only if accepted into Washington state's certification program; and

(b) Crop varieties, of origin other than United States, are eligible for OECD certification only if listed in OECD publication, List of Cultivars Eligible for Certification.

(3) Classes of seed eligible for OECD certification:

| Washington and U.S. Seed Classes | Label Color | Equivalent OECD Seed Classes | OECD Label Color | | --- | --- | --- | --- | | Breeder | - - - - | Prebasic | White with diagonal violet stripe | | Foundation | White | Basic | White | | Registered | Purple | Basic | White | | Certified | Blue | 1st Generation Certified Seed | Blue | | Certified produced from Certified | Blue | 2nd Generation Certified Seed | Red |

(a) Breeder or prebasic shall be planted to be eligible to produce basic white label.

(b) Foundation white label, Registered purple label, or basic white label shall be planted to be eligible to produce 1st generation blue label.

(4) OECD seed stock sample: Each lot of OECD seed stock shall be sampled under supervision of the certifying agency before seals are broken. Samples are used as control for grow out test and a portion may be submitted to seed laboratory for analysis if deemed necessary. Seed stock lots without official tags will not be granted OECD approval.

(5) The department must obtain approval from the originating country for each OECD seed stock lot to be planted in the state of Washington for OECD production. Request for OECD approval is submitted by the seed program to ARS-Gastonia, North Carolina, which then contacts the originating country.

(6) Application for OECD certification and fees:

(a) Applicant desiring plantings to be eligible for OECD certification must submit applications and fees as required for certification of that crop under Washington state's certification standards. Certification requirements and procedures for each species shall be the genetic standards in Washington state's certification program supplemented by OECD standards and by the limitations specified by originating country; such as, length of stand and number of seed crops eligible. All OECD seed shall be sampled according to WAC 16-302-090 and tested prior to tagging. Seed lots may not be required to meet Washington's minimum purity or germination Certified seed standards.

(b) Washington OECD eligible lots may, with approval of both agencies involved, be blended with OECD eligible seed of other state agencies. The applicant is responsible for all fees of both agencies involved.

(7) OECD tagging and sealing: OECD tags shall be printed and issued according to OECD rules. The department seed program shall issue an OECD reference number, e.g., (USA-W-78-000), which is printed on each tag. The department recommends that OECD reference numbers be stenciled on each bag. Additional statements on the OECD tag such as, "date of sealing," must be kept to a minimum.

(8) Bagging sample of OECD lot: A bagging sample of each lot of OECD seed tagged is drawn under supervision of the certifying agency. One hundred to 250 grams of the sample must be held for the originating country, and the balance of the sample is used for required post control grow-out tests.

(9) OECD certificate: The seed program shall issue an OECD certificate showing:

(a) Species;

(b) Variety;

(d) Date of sealing;

(e) Number of containers;

(f) Weight of lot, class of seed; and

(g) OECD reference number of seed stock used for each lot tagged and sealed upon receipt of tagging report and bagging sample.

One copy of the OECD certificate is to be mailed to the shipper, one copy is retained by ARS-USDA, and one copy is for department seed program files.

(10) OECD grow-out tests: As prescribed by OECD rules, at least one of four domestic first generation lots and every basic lot tagged and all lots of foreign varieties OECD tagged must be planted in grow-out tests.

(11) Special OECD fees: In addition to fees required by applicable Washington certification rules, an additional fee shall apply to all seed tagged OECD. Refer to chapter 16-303 WAC for the appropriate fee.

(12) All fees are payable by the applicant requesting OECD certificate and/or tags.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-215, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-215, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-215, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-220 Standards for alfalfa seed certification.

(1) The general seed certification definitions and standards in this chapter are basic and together with WAC 16-302-225 through 16-302-240 constitute the standards for alfalfa seed certification.

(2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-220, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-220, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-225 Land requirements for alfalfa seed certification.

Land requirements for the production of alfalfa seed crop are as follows:

(1) Prior to stand establishment an alfalfa seed crop of the same kind must not have been grown or planted on the land for four years for the production of Foundation or Registered class or one year for the production of Certified class; except two years must elapse between the destruction of dissimilar varieties, which are varieties that differ by more than four or more points on a dormancy rating scale as reported by the National Alfalfa Variety Review board.

(2) Reseeding of an alfalfa seed field due to failure or partial failure of the first seeding may be done by referring to the guidelines in WAC 16-302-045(5).

(3) Ditchbanks, roadways, etc. adjacent to a Certified alfalfa seed field must be free of volunteer alfalfa and prohibited noxious weeds.

(4) Volunteer alfalfa plants in the alfalfa seed field may be cause for rejection or reclassification of a seed field.

(5) No manure or other contaminating materials may be applied during the establishment and production period of the alfalfa seed stand.

(6) Prohibited noxious weeds must be controlled to prevent seed formation.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-225, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. WSR 06-15-138, § 16-302-225, filed 7/19/06, effective 8/19/06. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-225, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-230 Isolation requirements for alfalfa seed certification.

Isolation requirements for the production of alfalfa seed crop are as follows:

(1) Alfalfa seed crop for certification must be isolated from all other alfalfa varieties or fields of the same variety not meeting varietal purity requirements for certification as follows:

| Class | Fields less than five acres | Fields five acres or more | | --- | --- | --- | | Foundation | 900 feet | 600 feet | | Registered | 450 feet | 300 feet | | Certified | 165 feet | 165 feet |

(2) Isolation between different classes (generations) of the same variety of alfalfa seed crop must be as follows:

| Class Being Produced | Distance required from fields planted with: | Fields less than five acres | Fields five acres or more | | --- | --- | --- | --- | | Foundation | Foundation or Registered | 225 feet | 150 feet | | Registered | Registered or Certified | 115 feet | 75 feet | | Certified | Certified | 75 feet | 45 feet |

(3) In cases where an adjoining field is planted with a different variety of alfalfa, or alfalfa of a lower class, isolation may be obtained by measuring off the required strip in the Certified seed crop field. This isolation strip may be mowed for hay, or it may be harvested for uncertified seed under the following conditions:

(a) The grower must apply for certification of the entire alfalfa seed field and clearly stake off the isolation strip. The entire field must pass all certification requirements, except for isolation at time of inspection. The field report will show rejection due to lack of isolation.

(b) The grower must harvest and deliver to a department approved conditioning plant the seed from the certified portion of the field separately from the seed from isolation strip. After the seed is weighed and lotted in, the weight of the seed from the isolation strip is to be reported to the seed program. At this time the seed program records will indicate the field has passed certification.

(4) Isolation is not required in an alfalfa seed field producing Certified class seed when the isolation zone is less than 10 percent of the entire field being certified if there is a clear 10-foot line of demarcation between adjacent varieties. The isolation zone is the area calculated by the length of the common border with other varieties by average width of the certified field falling within the 165 feet isolation distance requirement.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-230, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-230, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-235 Field tolerances for alfalfa seed certification.

Field tolerances for the production of alfalfa seed are as follows:

| | Field Producing* | | | | --- | --- | --- | --- | | | Foundation | Registered | Certified | | Other varieties | 0.1% | 0.5% | 1.0% | | Sweet Clover | none found | 5 plants/acre | 10 plants/acre | | Red Clover | none found | 4 plants/acre | 20 plants/acre |

| * | Prohibited noxious weeds must be controlled to prevent seed formation. | | --- | --- |

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-235, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-240 Seed standards for alfalfa seed certification.

(1) Alfalfa seed must be free of prohibited noxious weed seeds.

(2) Foundation class must be free of Brassica spp.

(3) Seed standards for the production of alfalfa seed are as follows:

| Purity | Foundation | Registered | Certified | | --- | --- | --- | --- | | Pure seed (minimum) | 99.00% | 99.00% | 99.00% | | Other crop (maximum) | 0.10% | 0.10% | 0.25% | | Sweet clover (maximum) | None found | None found | 90 per lb. | | Inert matter (maximum) | 1.00% | 1.00% | 1.00% | | Weed seed (maximum) | 0.10% | 0.20% | 0.25% | | Brassica species | None found | — | — | | Prohibited weeds | None found | None found | None found | | Objectionable weed (maximum) | None found | None found | 18 per lb. | | Germination (minimum total germ and hard seed) | 80.00% | 85.00% | 85.00% | | or TZ, Tetrazolium Test (minimum total of TZ and hard seed) | 82.00% | 87.00% | 87.00% |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-240, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.310, 15.49.370(3), chapters 17.24 and 34.05 RCW. WSR 17-13-130, § 16-302-240, filed 6/21/17, effective 7/22/17. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-240, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-245 Standards for bean seed certification.

(1) The general seed certification standards and definitions in this chapter are basic and together with WAC 16-302-250 through 16-302-270 constitute the standards for bean seed certification.

(2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

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

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-245, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-245, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-245, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-250 Definitions.

For the purposes of WAC 16-302-245 through 16-302-270, the following definitions shall apply in addition to the definitions found in chapter 16-301 WAC:

"Adzuki bean" means Vigna angularis.

"Dominant I-gene cultivar" means a cultivar that has resistance to all known strains of bean common mosaic virus (BCMV) 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 BCMV.

"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.

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

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

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-250, filed 4/9/25, effective 5/10/25. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 02-12-060, § 16-302-250, 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. WSR 00-24-077, § 16-302-250, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-255 Land requirements for bean seed certification.

Land requirements for the production of bean seed are as follows:

(1) A field to be eligible for the production of Certified class must not have been planted to beans of a different variety the preceding one year.

(2) A field to be eligible for the production of Foundation or Registered classes must not have been planted to beans for the previous three years unless those beans were of the same variety of equal or higher class. The fields must be free of bacterial diseases during the previous two years of planting.

(3) A bean field is not eligible for production of Certified seed for more than two consecutive years.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-255, filed 4/9/25, effective 5/10/25. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 03-18-072, § 16-302-255, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-255, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-260 Field tolerances and requirements for bean seed certification.

(1) Field tolerances and requirements for the production of a bean seed crop are as follows:

| Field Producing | | | | | --- | --- | --- | --- | | Purity | Foundation | Registered | Certified | | Other varieties or off-type plants | None found | 0.10% | 0.20% | | Other crops | None found | 0.10% | 0.10% | | Total seed-borne diseases (a) | None found | None found | None found |

| (a) | All bean fields, including those planted with a dominant I-gene cultivar, must be in compliance with WAC 16-301-365 through 16-301-440. | | --- | --- |

(2) Snap and kidney beans must be isolated by 1320 feet from known bacterial blight.

(3) The following requirements apply to bean seed certification:

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

(b) Kidney beans, cranberry types, Taylor horticultural types, 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.

(4) Bean fields must be rogued of weeds, off-type plants, volunteer plants, and plants showing symptoms of seed-borne diseases. Excessive nightshade shall be a cause for rejection.

(5) For a bean field to be eligible for certification it must be clean and have boundaries that are clearly defined and a minimum of 36 inches which is adequate to prevent mechanical contamination.

(6) Excessive weeds, poor stands, lack of vigor, or any other condition which is apt to make inspection inaccurate may be cause for rejection of a bean field.

(7) Bean fields, including those planted with a dominant I-gene cultivar, must be in compliance with WAC 16-301-365 through 16-301-440.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-260, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-260, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 02-12-060, § 16-302-260, 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. WSR 00-24-077, § 16-302-260, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-265 Seed field inspection requirements for bean seed certification.

Seed field inspection requirements for the production of bean seed are as follows:

(1) When factors affecting certification are most evident. The second inspection, when required, shall be a windrow inspection.

(2) A serology or a grow out test to verify presence of seed-borne diseases in beans may be required if the applicant, or the certifying agency deems it necessary as allowed under WAC 16-301-396(3).

(3) When seed stock planting material does not meet the requirements of bean quarantine standards WAC 16-301-365 through 16-301-440, the inspection procedures for trial grounds in WAC 16-301-425 may be applicable, including a minimum of four field inspections during the growing season and one windrow inspection.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-265, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-265, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-270 Seed standards for bean seed certification.

Seed standards for the production of bean seed are as follows:

| Purity | Foundation | Registered | Certified | | --- | --- | --- | --- | | Pure seed (minimum) | 98.00% | 98.00% | 98.00% | | Other crop and varieties (maximum) | None found | None found | 2/100 lbs | | *Badly damaged seed (maximum) | NS | 2.00% | 2.00% | | *Splits and cracks (maximum) | NS | 2.00% | 2.00% | | *Inert matter (maximum) | NS | 2.00% | 2.00% | | Weed seed (maximum) | NS | None found | None found | | Germination (minimum) | NS | 85.00% | 85.00% | | Prohibited weeds | None found | None found | None found | | Objectionable weed (maximum) | None found | None found | None found |

| * | Combined total of inert matter, splits and cracks, and badly damaged seed shall not exceed 2.00% except for Foundation class. | | --- | --- |

(1) Laboratory test reports state the percent of discolored beans for information only, if requested.

(2) Legumes such as field and garden beans, lima beans, soybeans, and peas are especially susceptible to threshing or combine damage. Mechanical damage may produce damaged primary roots, hypocotyls or epicotyls, or broken or detached cotyledons. Bruised areas are usually necrotic or decayed.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-270, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-270, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-275 Standards for corn seed certification.

(1) The general seed certification definitions and standards in this chapter are basic and together with WAC 16-302-280 through 16-302-315 constitute the standards for corn seed certification.

(2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-275, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-275, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-280 Eligibility for corn seed certification.

Eligibility for corn seed certification is as follows:

(1) Foundation corn inbred lines:

(a) For the purposes of corn seed certification, the propagation of male sterile inbred lines is subject to the same requirements and rules as apply to foundation single crosses in subsection (2) of this section.

(b) An inbred line must be a relatively true breeding strain of corn resulting from at least five successive generations of controlled self-fertilization; or at least five generations of back-crossing to a recurrent parent with selection; or its equivalent.

(d) An inbred used as a pollinator in a foundation single cross production corn field may be certified if all the seed parents in the isolated corn field are inspected for certification and meet all field requirements for certification.

(e) Addition of specific genetic factors to a line of corn:

(i) When a specific genetic factor(s) is added to an inbred line, the line must be backcrossed to its recurrent parent at least five generations. The line shall be homozygous for the specific genetic factor(s) except for the pollen restoration factor(s), and the genic male sterile maintainer line.

(ii) For a recovered pollen restorer inbred line, selection must be relative to a specific cytoplasmic male sterile source.

(iii) The originator must supply proof of the genetic nature of a recovered line.

(iv) A genic male sterile maintainer line, consisting of duplicate-deficient and male-steriles in an approximate one to one (1:1) ratio must be no more than two generations removed from breeder's seed. The maintainer must be designated according to generation as:

(A) Breeder seed: The hand pollinated selfed seed from a known duplicate-deficient plant heterozygous at a particular male sterile locus.

(B) Foundation I seed: The product of random-mating among fertile plants arising from Breeder seed.

(v) A genic male sterile line must be a strain homozygous for a particular male sterile recessive allele.

(vi) The genic male sterile lines shall be identified as to the recessive genes they carry, e.g., B37 ms-1, N26 ms-10. The maintainer lines must be identified not only for the male sterile gene for which it is heterozygous, but also for the specific translocation from which it was derived, e.g., B37 Mt-1 ms-1, N28 Mt-1 ms-10.

(2) Foundation corn single crosses:

(a) Foundation single cross. A foundation single cross must consist of the first generation of a cross between: Two inbred lines; an inbred line and a foundation back cross; or two foundation back crosses.

(b) Foundation back-crosses:

(i) A first generation foundation back cross must be the first generation cross between a foundation single cross of related inbred lines and an inbred line which must be the same as one of the inbreds in the foundation single cross.

(ii) A second generation foundation back cross must be made by using a first generation back cross as the seed parent and the pollinating parent shall be an inbred line. The inbred line must be the same as the inbred parent used in making the first generation back cross seed parent.

(c) A male sterile line may be substituted for its fertile counterpart as one parent of a foundation single cross if the male sterile line has been backcrossed for not less than five generations to its fertile counterpart, or the male sterile line is the same in other characteristics as its fertile counterpart.

(d) Male sterile lines propagated by hand pollination will be eligible for certification.

(e) A pollen restoring line may be substituted for its nonrestoring counterpart in a foundation single cross if the pollen restoring line is the same in other characteristics as its nonrestoring counterpart.

(3) Hybrid corn seed:

(a) Hybrid corn seed is seed to be planted for the production of feed or for use other than seed. It may be any one of the following:

(i) Double cross - The first generation cross between two foundation single crosses.

(ii) Three-way cross - The first generation cross between a foundation single cross as one parent and an inbred line or a foundation back cross as the other parent.

(iii) Single cross must consist of the first generation of a cross between: Two inbred lines; an inbred line and a foundation back cross; or of two foundation back crosses.

(b) Foundation single cross seed and foundation back cross seed planted for the production of double cross, single cross, or three-way cross hybrid corn seed must be completely certified by a recognized seed certifying agency.

(c) Inbred line seed planted for the production of single cross or three-way cross hybrid corn seed to be used for grain or forage production must meet the requirements for the definition of an inbred line (as provided for in subsection (1)(b) of this section) and be certified.

(d) Only the class "certified" is recognized.

(4) Inbred seed and the seed of each parent for single crosses must meet one of the following requirements:

(a) Be in the hands of the originator;

(b) Be a line obtained directly from the originator;

(d) Be a line obtained from the United States Department of Agriculture; or

(e) Be certified. Evidence of eligibility must be a certification tag taken from the seed planted.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-280, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-280, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-285 Field inspection for corn seed certification.

A representative of the certifying agency makes a minimum of three field inspections during the pollinating period for certification of corn seed. When the previous crop was corn, at least one additional inspection is made to verify that the field is sufficiently free of volunteer plants from the previous crop. Field inspections may be made without giving prior notice to the grower.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-285, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-290 Field standards for corn seed certification.

Except for hybrid corn field standards for corn seed certification are:

(1) Corn seed isolation requirements are:

(a) An inbred must be so located that it is not less than 660 feet from other corn except when the inbred is grown as a pollinator in a single cross production field. Any ear parent(s) in the same isolated field must be entered for certification, inspected, and meet all field requirements for certification.

(b) A specific foundation single cross must be located so the seed parent is not less than six hundred and sixty feet from other corn for pollinator rows and other seed parent(s) in the same isolated field. All seed parent(s) in the same isolated field must be applied for certification, inspected, and meet all field requirements for certification.

(c) Differential maturity dates are permitted for modifying isolation distances for inbred lines or male sterile inbred line increases if there are no receptive silks in the ear or seed parent at the same time pollen is being shed in the contaminating field.

(d) Foundation inbred or single cross production fields of dent sterile popcorn need not be isolated from yellow dent field corn.

(e) Corrections for improper isolation must be made by one of the following methods:

(i) By completely destroying or by detasseling the necessary contaminating corn before silks appear in the ear or seed parent in the field to be certified; or

(ii) By completely destroying the plants which are improperly isolated from the contaminating corn before the final field inspection.

(2) For corn single crosses, nine feet is the maximum distance a seed parent row must be from a pollen parent row.

(3) For corn single crosses, the minimum population of pollen shedding plants per acre is two thousand. Ineffective pollen parent plants must not be counted.

(4) Corn single cross fields being inspected for certification must contain not less than four hundred pollen plants per acre that are actively shedding pollen when more than twenty-five percent of the seed parent silks are apparently receptive.

(5) Corn single cross detasseling or pollen control. More than five percent of the seed parent must have apparently receptive silks for the following provisions to apply. Apparently receptive silks are emerged silks which are not wilted or brown.

(a) An isolation of a specific foundation single cross is not accepted for certification if at one inspection more than one-half percent of the stalks of the seed parent have shed pollen, or if the total number having shed pollen on any three days of inspection exceeds one percent.

(b) Cytoplasmic male sterile seed parent plants; detasseling (cutting or pulling) to control plant pollen is permitted.

(6) Corn field roguing:

(a) Definitely off-type plants must be destroyed completely so that suckers do not develop. Plants showing definite hybrid vigor or a definitely different type from the inbred or parent being inspected are classified as definitely off-type.

(b) For inbred lines, an isolation in which more than one-tenth of one percent (one per one thousand) of definitely off-type plants have shed pollen, when at the same time more than five percent of the plants have apparently receptive silks, is not certified.

(c) For single crosses, an isolation in which more than one-tenth of one percent of definitely off-type plants are present in the seed parent, when the silks have turned brown, is not eligible for certification.

(d) Sucker tassels and portions of tassels of off-type plants is counted as shedding pollen when two inches or more of the central stem, the side branches, or a combination of the two has the anthers extended from the glumes.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-290, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-295 Field standards for hybrid corn seed certification.

Field standards for hybrid corn seed certification are:

(1) Hybrid corn seed isolation: A specific hybrid must be located so that the seed parent is not less than 660 feet from corn of a different color or texture with the following exceptions:

(a) Hybrid seed production fields of dent sterile popcorn need not be isolated from yellow dent field corn; or

(b) When the contaminating corn is of a different color or texture aggregating less than one-fourth acre on one exposure, the isolation distance may be modified in accordance with the table listed in this section.

(2) A specific hybrid corn must be located so that the seed parent is not less than 415 feet from other corn of the same color or texture. The planting of pollen parent border rows and the size of the crossing field according to the following table may modify this distance.

| Field Size* = 1-20 Acres | Field Size* = 21 Acres or more | | | | --- | --- | --- | --- | | Distance from other corn in feet | Minimum border rows required | Distance from other corn in feet | Minimum border rows required | | 415 | 0 | 415 | 0 | | 395 | 1 | 375 | 1 | | 375 | 2 | 330 | 2 | | 355 | 3 | 290 | 3 | | 330 | 4 | 250 | 4 | | 310 | 5 | 210 | 5 | | 290 | 6 | 165 | 6 | | 270 | 7 | 125 | 7 | | 250 | 8 | 85 | 8 | | 230 | 9 | 45 | 9 | | 210 | 10 | less than 45 | 10 | | 185 | 11 | | | | 165 | 12 | | | | 145 | 13 | | | | 125 | 14 | | | | 105 | 15 | | | | 85 | 16 | | |

| * | Different dates of planting will not divide a field for isolation purposes but may divide the field for detasseling inspection. | | --- | --- |

(a) The border rows and pollen parent rows must be planted with certified first generation seedstock, must be shedding pollen simultaneously with silk emergence of the seed parent and must not be separated from the seed parent by more than 33 feet.

(b) A field planted with the same eligible pollen parent may be used as an isolation buffer if it is applied for certification, inspected and meets field requirements for certification.

(c) Full credit is not given where poor stands of border corn exist, where the border rows have been detasseled, or where, for any reason, the border rows are not shedding pollen as plentifully as the pollen parent rows. Because of the difficulty of obtaining and maintaining a good stand of corn, the planting of more than the minimum number of border rows is recommended.

(d) The maximum distance a seed parent row shall be from a pollen parent row is 15 feet.

(3) Corrections for improper isolation of hybrid corn must be made by one of the following methods:

(a) By completely destroying or by detasseling the necessary contaminating corn before silks appear in the seed parent in the field to be certified; or

(b) By completely destroying the seed producing plants that are improperly isolated from contaminating corn before the final field inspection.

(4) Hybrid corn detasseling or pollen control. More than five percent of the stalks of the seed parent must have apparently receptive silks for the following provisions to apply. Apparently receptive silks are emerged silks which are not wilted or brown.

(a) An isolation is not accepted for certification if upon inspection by the certifying agency more than one percent of the stalks of the seed parent have shed pollen, or if the total number having shed pollen on any three days of inspection exceeds two percent.

(b) When more than one combination of hybrid corn is grown in the same isolation and the seed parent of one or more is shedding pollen in excess of one percent, all seed parents having five percent or more apparently receptive silks at the time is disqualified for certification unless adequately isolated from the shedding seed parent.

(c) Sucker tassels and portion of tassels are counted as shedding pollen when two inches or more of the central stem, the side branches, or a combination of the two have the anthers extended from the glumes.

(5) A male sterile seed parent may be used to produce Certified hybrid corn seed by either of two methods:

(a) Seed of the normal fertile seed parent is mixed with the seed of the male sterile seed parent of the same pedigree either by blending in the field at harvest or by size at conditioning time. The ratio of male sterile seed parent seed to normal seed parent seed does not exceed two to one.

(b) The male parent involves a certified pollen restoring line or lines so that not less than one-third of the plants grown from the hybrid corn seed produce pollen that appears to be normal in quantity and viability.

(6) Hybrid corn roguing:

(a) Definitely off-type plants in a parent line planted for the production of single cross or three-way cross hybrid corn seed to be used for grain or forage production must be completely destroyed so that suckers do not develop.

(b) Plants showing definite hybrid vigor or a definitely different type from the parent being inspected must be classified as definitely off-type.

(c) An isolation in which more than two-tenths of one percent of definitely off-type plants in the parent or parents have shed pollen, at a time when more than five percent of the seed parent plants have apparently receptive silks, is disqualified for certification.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-295, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-295, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-300 Seed inspection for foundation corn single crosses and inbred lines certification.

The following applies for certification of corn single crosses and inbred lines: When excessive off-type or different textured kernels are observed at the time of ear inspection by the certifying agency and the off-type kernels are detectable in the shelled seed, the seed certification applicant may have the option of shelling the ears to attempt to remove the kernels by mechanical or other means. The sampled seed after conditioning must not contain in excess of three-tenths of one percent of the off-type kernels.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-300, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-310 Seed inspection and standards for hybrid corn seed certification.

Seed inspection and standards for hybrid corn seed certification are as follows:

| (1) | Genetic Purity | Standard Certified Class | | --- | --- | --- | | | Other varieties and off-types (maximum) | 0.50% | | | Off-textured kernels in opaque 2, flowery 2 and waxy (maximum) | 1.00% | | (2) | Quality Purity | Standards | | | Pure seed (minimum) | 98.00% | | | Total other crops - including other varieties (maximum) | 0.50% | | | Total weed seed (maximum) | None found | | | Total inert matter (maximum) | 2.00% | | | Germination (minimum) | 90.00% | | | Moisture (maximum) | 14.00% |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-310, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-310, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-315 Ear inspection and winter growouts for certification of foundation corn single crosses and inbred lines.

Ear inspection and winter growouts for certification of foundation corn single crosses and inbred lines are:

(1) Foundation single crosses and inbred lines is either inspected in the ear or included in a winter growout.

(2) Foundation corn single crosses and inbred lines for ear inspection are inspected by the certifying agency after the applicant for seed certification indicates the seed is sorted and ready for inspection.

(3) A corn seed lot must not contain in excess of one-tenth of one percent of definitely off-type ears, or more than five-tenths of one percent of ears with off-colored or different textured kernels which would not exceed a total of twenty-five off-colored seeds, or different textured kernels per one thousand ears.

(4) Winter growouts for foundation corn single crosses and inbred lines:

(a) When differential maturity dates or detasseling within the required isolation distance are permitted for modifying isolation distances for corn foundation male sterile inbred line increases or foundation inbred lines, winter growouts are required in addition to other standards.

(b) The applicant may choose to have a winter growout in lieu of ear inspection.

(d) Standards for winter growouts are:

(i) Percentage of off-types allowed must not exceed one percent.

(ii) Growouts are made on one round and/or flat separation, or on individual grade sizes.

(iii) The inspection fee for winter growouts are charged to the applicant for seed certification at actual cost.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-315, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-320 Standards for grass seed certification.

(1) The general seed certification definitions and standards in this chapter are basic and together with WAC 16-302-325 through 16-302-360 constitute the standards for grass seed certification.

(2) Each lot of seed stock subject to the annual bluegrass and rough bluegrass quarantine as established in chapter 16-301 WAC must be in compliance with the quarantine requirements prior to planting in order to be eligible for certification. Any seedling application submitted without proof of quarantine compliance will not be accepted into the certification program. Any seed field planted in violation of chapter 16-301 WAC will be subject to the violation procedures under WAC 16-301-295 and 16-301-355.

(3) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-320, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-320, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-325 Land requirements for grass seed certification.

(1) Land requirements for production of grass seed are as follows:

(a) A grass field planted with breeder seed for the production of foundation seed must not have been seeded to the same species, subspecies, variety, or strain of grass during the preceding five years of planting. The field must be planted in spaced rows. The five-year eligibility may be waived to three years with the use of fumigants and other short-term soil sterilization chemicals with prior approval of the certifying agency.

(b) A grass field planted with foundation seed for the production of registered seed must not have been seeded to the same species, subspecies, variety, or strain of grass during the preceding three years.

(c) A grass field planted with foundation, registered, or certified seed for the production of certified seed must not have been seeded to the same species, subspecies, variety or strain of grass during the preceding year from planting unless the previous planting was of the same variety and eligible to produce foundation, registered or certified seed.

(d) Reseeding of a grass field because of failure or partial failure of the first seeding may be done by referring to the guidelines in WAC 16-302-045(5).

(e) Grasses of the same kind growing in fencerows and other areas adjacent to the field must be controlled to prevent blooming.

(f) Prohibited noxious weeds in the field, or on ditchbanks, roadways, etc., adjacent to a certified field shall be controlled to prevent seed formation.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-325, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-330 Field isolation requirements for grass seed certification.

(1) The field isolation requirements for grass seed are as follows:

(a) A seed field eligible for the production of Foundation, Registered or Certified seed must be isolated from any other variety or strain of the same species and all cross pollinated species in accordance with the requirements in the following table:

| Minimum Isolation Distance Required for Fields Producing: | | | | | --- | --- | --- | --- | | Symbol for Type of Reproduction | Foundation | Registered | Certified | | Strains at least 80% Apomictic A | 60 feet | 30 feet | 15 feet clean fallow | | Highly Self-Fertile Species—S | 60 feet | 30 feet | 15 feet clean fallow | | All cross-pollinated | | | | | Species—C | 900 feet | 300 feet | 165 feet |

(b) A seed field that is eligible for the production of Foundation or Registered seed must be isolated from different classes of the same variety of cross-pollinated (C) species in accordance with the requirements in the following table:

| Class Seed Planted | Class Seed Produced | Distance Required From Nearest Field Producing: | | | | --- | --- | --- | --- | --- | | Breeder | Foundation | Registered | | 150 feet | | Breeder | Foundation | Certified | | 225 feet | | Foundation | Registered | Certified | | 75 feet |

(c) Isolation is not required in fields producing Certified class seed when the isolation zone is less than 10 percent of the entire field being certified if there is a clear (10 feet) line of demarcation between adjacent varieties. The isolation zone is the area calculated by the length of the common border with other varieties by average width of the certified field falling within the 165 feet isolation distance requirement.

(d) A field eligible for the production of Foundation, Registered or Certified seed must be isolated from classes of the same variety of apomictic (A) and self-fertile (S) species in accordance with the following requirements:

(i) A field producing Foundation or Registered seed must be a minimum of 15 feet from a field planted with a different class of the same variety.

(ii) A field producing Certified seed must be a minimum of five feet from a field planted with a different class of the same variety.

(e) If it is not possible to provide minimum isolation distances for fields producing Foundation, Registered or Certified seed exceeding five acres in area, border removal is permitted. Border removal requires removal of the portion of the field being certified that is adjacent to a contamination source. The following requirements apply if the grower uses border removal:

(i) The minimum distances required for border removal are as follows:

| Minimum Isolation Distance Required for Fields Producing: | | | | | --- | --- | --- | --- | | Border to be removed from the field being certified | Foundation | Registered | Certified | | 0 feet | 900 ft. | 300 ft. | 165 ft. | | 15 feet | 450 ft. | 150 ft. | 75 ft. |

(ii) The grower must apply for seed certification of the entire field and clearly stake off the border removal portion before inspection of the field by the certifying agency.

(f) The border removal portion of the field may be harvested for uncertified seed under the following conditions:

(i) The entire field must pass all certification requirements except for isolation at time of inspection. The field report will show rejection due to lack of isolation.

(ii) The grower must harvest and deliver to a department approved conditioning plant the seed from the certified portion of the field separately from the seed from the isolation strip. At this time the seed program records will indicate the field has passed certification.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-330, filed 4/9/25, effective 5/10/25. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 02-12-060, § 16-302-330, 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. WSR 00-24-077, § 16-302-330, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-335 Field inspection tolerances for grass seed certification.

(1) Field tolerances for the production of foundation, registered or certified grass seed are as follows:

Maximum other varieties permitted in fields producing:

| Foundation: | 0% | | --- | --- | | Registered: | 0.5% | | Certified: | 2% |

(2) Prohibited noxious weeds must be controlled to prevent seed formation.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-335, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-385 Grass seed standards for certification.

The seed standards for grass shall be as follows:

(1) Not to exceed 0.25 percent other grass species for Certified seed.

(2) Grass seed shall be free of the seed of prohibited noxious weeds.

(3) Grass seed must not contain more than 45 per pound (45/lb) for Registered seed, 91 per pound (91/lb) for Certified seed, singly or collectively, of objectionable weed seeds. (See footnote (v) below for Certified bentgrass and redtop exception.)

(4) A standard tetrazolium (200 seed) test may be used in lieu of germination test.

| Note: | State and federal seed laws require seed be labeled on a germination test. | | --- | --- |

(5) Total viability as allowed in WAC 16-302-170 can be substituted for germination percentage.

(6) A crop exam is required for all Registered and Foundation class grass seeds.

CROP SEED STANDARDS AND TYPE OF REPRODUCTION AS PER WAC 16-302-330

Type of Reproduction by Crop Kind: (A) Apomictic (C) Cross pollinated (S) Highly self fertile

NS = No Standard

FND = Foundation Class

REG = Registered Class

CERT = Certified Class

| | MINIMUM % GERMINATION (xiii)(ii) | MINIMUM % PURE SEED | MAXIMUM % INERT MATTER | MAXIMUM % WEEDS (xii)(ii) | MAXIMUM % OTHER CROPS | MAXIMUM SEEDS OF OTHER CROP GRASS SPECIES (not including other crop) not to exceed | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | CROP | REP | FND/ REG | CERT | FND/ REG | CERT | FND/ REG | CERT | FND/ REG | CERT | FND REG (xiv) | CERT | FND SEED/ LB | REG SEED/ LB | CERT % | | Bluegrass, Big | A | 70.00 | 70.00 | 90.00 | 90.00 | 10.00 | 10.00 | 0.05 | 0.30 | 0.10 | 0.50 | 45/LB | 454/LB | 0.25 | | Bluegrass, Canby | A | 70.00 | 70.00 | 90.00 | 90.00 | 10.00 | 10.00 | 0.05 | 0.30 | 0.10 | 0.50 | 45/LB | 454/LB | 0.25 | | Bluegrass, Kentucky | A | 80.00 | 80.00 | 97.00 | 97.00 | 3.00 | 3.00 | 0.05 | 0.30 | 0.10 | 0.50 | 45/LB | 454/LB | 0.25 | | Bluegrass, Canada | A | 80.00 | 80.00 | 96.00 | 92.00 | 4.00 | 8.00 | 0.05 | 0.30 | 0.10 | 0.50 | 45/LB | 907/LB | 0.25 | | Bluegrass, Upland | A | 80.00 | 80.00 | 96.00 | 92.00 | 4.00 | 8.00 | 0.05 | 0.30 | 0.10 | 0.50 | 45/LB | 907/LB | 0.25 | | Bluegrass, Rough | A | 75.00 | 75.00 | 95.00 | 95.00 | 5.00 | 5.00 | 0.30 | 0.30 | 0.10 | 0.50 | 45/LB | 454/LB | 0.25 | | Bromegrass, Smooth | C | 80.00 | 85.00 | 95.00 | 95.00 | 5.00 | 5.00 | 0.05 | 0.30 (i) | 0.10 | 0.50 | 9/LB | 91/LB | 0.25 | | Bromegrass, Meadow | C | 80.00 | 85.00 | 95.00 | 95.00 | 5.00 | 5.00 | 0.05 | 0.30 (i) | 0.10 | 0.50 | 9/LB | 91/LB | 0.25 | | Bromegrass, California | C | 85.00 | 85.00 | 95.00 | 95.00 | 5.00 | 5.00 | 0.30 | 0.30 (i) | 0.10 | 1.00 | 9/LB | 91/LB | 0.25 | | Bromegrass, Mountain | C | 85.00 | 85.00 | 95.00 | 95.00 | 5.00 | 5.00 | 0.30 | 0.30 (i) | 0.10 | 1.00 | 9/LB | 91/LB | 0.25 | | Bromegrass, Sweet | C | 85.00 | 85.00 | 95.00 | 95.00 | 5.00 | 5.00 | 0.30 | 0.30 (i) | 0.10 | 1.00 | 9/LB | 91/LB | 0.25 | | Deertongue | C | 50.00 | 50.00 | 97.00 | 95.00 | 3.00 | 5.00 | 0.50 | 0.50 (i) | 1.00 | 1.00 | 1.00% | NS- | NS- | | Fescue, Tall | C | 80.00 | 85.00 | 95.00 | 97.00 | 5.00 | 3.00 | 0.03 | 0.30 (i) | 0.10 | 0.50 | 18/LB | 91/LB | 0.25 | | Fescue, Meadow | C | 80.00 | 85.00 | 95.00 | 97.00 | 5.00 | 3.00 | 0.03 | 0.30 (i) | 0.10 | 0.50 | 18/LB | 91/LB | 0.25 | | Fescue, Hard (Festuca trachyphylla and ovina)(ix) | C | 80.00 | 85.00 | 95.00 | 97.00 | 5.00 | 3.00 | 0.03 | 0.30 (i) | 0.10 | 0.50 | 9/LB | 45/LB | 0.25 | | Fescue, Sheep (Festuca ovina)(ix) | C | 80.00 | 85.00 | 95.00 | 97.00 | 5.00 | 3.00 | 0.03 | 0.30 (i) | 0.10 | 0.50 | 9/LB | 45/LB | 0.25 | | Fescue, Turf type (x) | C | 80.00 | 85.00 | 95.00 | 97.00 | 5.00 | 3.00 | 0.03 | 0.30 (i) | 0.10 | 0.50 | 9/LB | 45/LB | 0.25 | | Fescue, reclamation/Range type (x) | C | 80.00 | 85.00 | 95.00 | 92.00 | 5.00 | 8.00 | 0.03 | 0.30 (i) | 0.10 | 0.50 | 9/LB | 45/LB | 0.25 | | Fescue, Chewings (Festuca rubra)(ix) | C | 80.00 | 90.00 | 95.00 | 97.00 | 5.00 | 3.00 | 0.03 | 0.30 (i) | 0.10 | 0.50 | 9/LB | 45/LB | 0.25 | | Fescue, Creeping (Festuca rubra)(ix) | C | 80.00 | 90.00 | 95.00 | 97.00 | 5.00 | 3.00 | 0.03 | 0.30 (i) | 0.10 | 0.50 | 9/LB | 45/LB | 0.25 | | Fescue, Idaho | C | 80.00 | 90.00 | 95.00 | 97.00 | 5.00 | 3.00 | 0.03 | 0.30 (i) | 0.10 | 0.50 | 9/LB | 45/LB | 0.25 | | Other fescue | C | 80.00 | 90.00 | 95.00 | 97.00 | 5.00 | 3.00 | 0.03 | 0.30 (i) | 0.10 | 0.50 | 9/LB | 45/LB | 0.25 | | Festulolium (align with OSCS) | C | 75.00 | 75.00 | 98.00 | 98.00 | 2.00 | 2.00 | 0.15 | 0.50 (i) | 0.10 | 0.50 | 9/LB | 45/LB | 0.25 | | Orchardgrass | C | 80.00 | 85.00 | 92.00 | 92.00 | 8.00 | 8.00 | 0.03 | 0.30 (i) | 0.10 | 0.50 | 27/LB | 91/LB | 0.25 | | Orchardgrass, Pennlate | C | 80.00 | 80.00 | 92.00 | 92.00 | 8.00 | 8.00 | 0.03 | 0.30 (i) | 0.10 | 0.50 | 27/LB | 91/LB | 0.25 | | Orchardgrass, Latar | C | 80.00 | 80.00 | 92.00 | 92.00 | 8.00 | 8.00 | 0.03 | 0.30 (i) | 0.10 | 0.50 | 27/LB | 91/LB | 0.25 | | Ryegrass, annual | C | 85.00 | 90.00 (viii) | 96.00 (vii) | 97.00 (vii) | 4.00 | 3.00 | 0.10 | 0.30 (i) | 0.10 | 0.50 | 9/LB | 45/LB | 0.25 | | Ryegrass, intermediate (align with OSCS) | C | 90.00 (viii) | 90.00 (viii) | 97.00 | 97.00 | 3.00 | 3.00 | 0.10 | 0.30 (i) | 0.10 | 0.50 | 9/LB | 45/LB | 0.25 | | Ryegrass, perennial | C | 85.00 | 90.00 (viii) | 97.00 (vii) | 96.00 (vii) | 4.00 | 3.00 | 0.10 | 0.30 (i) | 0.10 | 0.50 | 9/LB | 45/LB | 0.25 | | Timothy | C | 80.00 | 85.00 | 97.00 | 97.00 | 3.00 | 3.00 | 0.10 | 0.30 | 0.10 | 0.50 | 9/LB | 45/LB | 0.25 | | Wheatgrass, Beardless | C | 80.00 | 85.00 | 90.00 | 90.00 | 10.00 | 10.00 | 0.10 | 0.30 (i) | 0.10 (ii) | 0.50 (ii) | 9/LB | 45/LB | 0.25 | | Wheatgrass, Bluebunch | C | 80.00 | 85.00 | 90.00 | 90.00 | 10.00 | 10.00 | 0.10 | 0.30 (i) | 0.10 (ii) | 0.50 (ii) | 9/LB | 45/LB | 0.25 | | Wheatgrass, Snake river | C | 80.00 | 85.00 | 90.00 | 90.00 | 10.00 | 10.00 | 0.10 | 0.30 (i) | 0.10 (ii) | 0.50 (ii) | 9/LB | 45/LB | 0.25 | | Wheatgrass, Intermediate | C | 80.00 | 85.00 | 95.00 | 95.00 | 5.00 | 5.00 | 0.10 | 0.30 (i) | 0.10 (ii) | 0.50 (ii) | 9/LB | 45/LB | 0.25 | | Wheatgrass, Tall | C | 80.00 | 85.00 | 95.00 | 95.00 | 5.00 | 5.00 | 0.10 | 0.30 (i) | 0.10 (ii) | 0.50 (ii) | 9/LB | 45/LB | 0.25 | | Wheatgrass, Pubescent | C | 80.00 | 85.00 | 95.00 | 95.00 | 5.00 | 5.00 | 0.10 | 0.30 (i) | 0.10 (ii) | 0.50 (ii) | 9/LB | 45/LB | 0.25 | | Wheatgrass, Western | C | 80.00 | 85.00 | 90.00 | 90.00 | 10.00 | 10.00 | 0.10 | 0.30 (i) | 0.10 (ii) | 0.50 (ii) | 9/LB | 45/LB | 0.25 | | Wheatgrass, R/S | C | 80.00 | 85.00 | 90.00 | 90.00 | 10.00 | 10.00 | 0.10 | 0.30 (i) | 0.10 (ii) | 0.50 (ii) | 9/LB | 45/LB | 0.25 | | Wheatgrass, Streambank | C | 80.00 | 85.00 | 90.00 | 90.00 | 10.00 | 10.00 | 0.10 | 0.30 (i) | 0.10 (ii) | 0.50 (ii) | 9/LB | 45/LB | 0.25 | | Wheatgrass, Thickspike (xi) | C | 80.00 | 85.00 | 90.00 | 90.00 | 10.00 | 10.00 | 0.10 | 0.30 (i) | 0.10 (ii) | 0.50 (ii)(xi) | 9/LB | 45/LB | 0.25 | | Wheatgrass, Slender | S | 80.00 | 85.00 | 90.00 | 95.00 | 10.00 | 5.00 | 0.10 | 0.30 (i) | 0.10 (ii) | 0.50 (ii) | 9/LB | 45/LB | 0.25 | | Wheatgrass, Crested | C | 80.00 | 85.00 | 90.00 | 95.00 | 10.00 | 5.00 | 0.10 | 0.30 (i) | 0.10 (ii) | 0.50 (ii) | 9/LB | 45/LB | 0.25 | | Wheatgrass, Siberian | C | 80.00 | 85.00 | 90.00 | 95.00 | 10.00 | 5.00 | 0.10 | 0.30 (i) | 0.10 (ii) | 0.50 (ii) | 9/LB | 45/LB | 0.25 | | Indian ricegrass | S | 80.00 (vi) | 80.00 (vi) | 95.00 | 90.00 | 5.00 | 10.00 | 0.30 | 0.50 | 0.50 | 1.00 | 9/LB | 45/LB | 0.25 | | Alkaligrass (Puccinellia distans) | C | 80.00 | 80.00 | 90.00 | 95.00 | 5.00 | 5.00 | 0.30 | 0.50 | 0.50 | 1.00 | 45/LB | 45/LB | 0.25 | | Wildrye | C | 80.00 | 80.00 | 90.00 | 90.00 | 10.00 | 10.00 | 0.10 | 0.30 (i) | 0.10 | 0.50 | 9/LB | 45/LB | 0.25 | | Bentgrass | C | 85.00 | 85.00 | 98.00 | 98.00 | 2.00 | 2.00 | 0.30 | 0.40 (iii) (iv) | 0.20 | 0.60 (v) | NS | NS | NS | | Redtop | C | 80.00 | 80.00 | 92.00 | 92.00 | 8.00 | 8.00 | 0.30 | 0.50 (iii) | 0.50 | 0.20 | NS | NS | NS | | Annual Canarygrass | C | 85.00 | 85.00 | 99.00 | 99.00 | 1.00 | 1.00 | 0.10 | 0.30 | 1/LB | 3/LB | NS | NS | NS | | Slender hairgrass | C | 75.00 | 70.00 | 92.00 | 90.00 | 8.00 | 10.00 | 0.30 | 0.60 | 0.10 | 0.50 | NS | NS | NS | | Tufted hairgrass | C | 75.00 | 70.00 | 92.00 | 90.00 | 8.00 | 10.00 | 0.30 | 0.60 | 0.10 | 0.50 | NS | NS | NS | | Bermudagrass (align with OSCO) | C | 80.00 | 80.00 | 97.00 | 97.00 | 3.00 | 3.00 | NS | 0.20 | 0.01 | 0.25 | NS | NS | NS | | Green needlegrass | C | 80.00 | 80.00 | 80.00 | 80.00 | 20.00 | 20.00 | 0.10 | 0.30 | 0.10 | 0.50 | NS | NS | NS | | Switchgrass | C | 60.00 | 60.00 | 90.00 | 90.00 | 10.00 | 1.00 | 0.50 | 1.50 | 0.10 | 0.25 | NS | NS | NS |

| The following (i) through (xv) are notes to the above table. | | | --- | --- | | (i) | A tolerance of 0.50% may be allowed for samples containing weedy Bromus spp., provided the total of all other weeds does not exceed 0.30%. | | (ii) | A tolerance of 0.80% may be allowed in Registered and Certified wheatgrass containing small grain seed provided the total of all other crop seed does not exceed 0.10% for Registered class and 0.50% for Certified class. | | (iii) | Certified seed must not contain over 907 seeds per pound, singly or collectively, of the following weeds: Plantago spp., big mouse-ear chickweed, yarrow, spotted cat's ear, and dandelion. | | (iv) | A maximum of 0.50% weed seed may be allowed in Certified bentgrass containing silver hairgrass provided the total of all other weed seed does not exceed 0.40%. | | (v) | 1.50% other fine bentgrasses and 0.50% redtop may be allowed in Certified bentgrass containing a minimum of 98.00% total bentgrass. | | (vi) | Or 70.00% by TZ test. | | (vii) | Maximum other ryegrass allowed as determined by fluorescence test and/or genetic testing with 97.00% minimum total ryegrass. |

| | Foundation | Registered | Certified | Fluorescence for Perennial ryegrass containing a minimum of 97.00% total ryegrass | | --- | --- | --- | --- | --- | | | 0.10% | 1.00% | 2.00% | 3.00% (Acceptable fluorescence levels for specific varieties available upon request) |

| (viii) | 85.00% minimum germination allowed on ryegrass varieties as designated by the breeder or variety owner. See list maintained by a verified source from a seed certification agency. | | --- | --- | | (ix) | An ammonia test is required. • Hard, sheep fescue, Festuca ovina, and trachyphylla. • Red fescue, chewings and creeping, Festuca rubra. • Source ID Roemer's fescue to determine presence of other Festuca sp. Other fine-leaved fescue found in the ammonia test will be included with other crop not other grass species. | | (x) | Turf type fescues 97.00% pure seed. Range/reclamation types 92.00% pure seed in the Certified class. Varietal designation of turf or range/reclamation types is to be made by the breeder or variety owner. If no designation is made, the variety will be considered a turf type. | | (xi) | 10.00% slender wheatgrass is allowed in the Certified class of Critana and 5.00% Elymus species allowed in the Certified class of Schwendimar, provided that the total of all other grass species does not exceed 0.25% and total other crop, including all other grass species does not exceed 0.50%. | | (xii) | Grass seed shall be free of prohibited noxious weed seed. Grass seed must not contain more than 45/lb. for Registered seed, 91/lb. for Certified seed singly or collectively, of objectionable weed seed. See (v) of this footnote for bentgrass and redtop exception. | | (xiii) | A standard tetrazolium (200 seed) test may be used in lieu of germination test. Note: State and federal seed laws may require seed be labeled on a germination test. | | (xiv) | A crop exam is required for all Registered and Foundation class grass seeds. | | (xv) | Total viability as allowed in WAC 16-302-170 can be substituted for germination percentage. |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-385, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-385, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.301, 15.49.370(4), and chapter 34.05 RCW. WSR 11-06-023, § 16-302-385, filed 2/24/11, effective 3/27/11. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 10-04-029, § 16-302-385, filed 1/26/10, effective 2/26/10. Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. WSR 06-15-139, § 16-302-385, filed 7/19/06, effective 8/19/06. Statutory Authority: RCW 15.49.310, 15.49.370(3) and chapter 34.05 RCW. WSR 04-08-044, § 16-302-385, filed 3/31/04, effective 5/1/04. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 03-18-072, § 16-302-385, filed 8/29/03, effective 9/29/03
WSR 02-12-060, § 16-302-385, 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. WSR 00-24-077, § 16-302-385, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-395 Standards for sod quality seed certification.

(1) The general seed certification definitions and standards in this chapter and the grass seed certification standards are basic and together with WAC 16-302-400 through 16-302-412 constitute the standards for sod quality seed certification.

(2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-395, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-395, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-395, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-400 Varieties eligible, certification fees, land and isolation requirements and field tolerances.

The varieties eligible and certification scheme of each; the certification fees; the land requirements; the isolation requirements; and field tolerances shall be as listed in grass seed certification standards and fees.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-400, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-410 Washington standards for sod quality seed.

(1) Sod quality seed must first meet Washington state certification standards found in WAC 16-302-385. Except for ryegrass sod quality seed, seed standards for sod quality grass seed are as follows:

| Variety | Purity Sample Size, grams (a) | Pure seed Minimum % | Germination Minimum % | Other Crops (b) Maximum % | Weeds (c) Maximum % | | --- | --- | --- | --- | --- | --- | | Bluegrass, Kentucky | 25 | 97.00 | 80.00 | 0.10 | 0.02 | | Fescue, red | 50 | 98.00 | 90.00 | 0.10 | 0.02 | | Fescue, chewings | 50 | 98.00 | 90.00 | 0.10 | 0.02 | | Fescue, tall | 50 | 98.00 | 85.00 | 0.10 | 0.02 |

| (a) | Requires testing of noxious all weed all crop exam and a germination test. | | --- | --- | | (b) | Must be free of ryegrass, orchardgrass, timothy, Agrostis sp., black medic, Poa trivialis, brome, reed canarygrass, tall fescue, clover, and meadow foxtail. Maximum allowable Canada bluegrass 0.02%. When the base sample is one of these kinds, the species will not be considered a contaminant (i.e., tall fescue in tall fescue). | | (c) | Must be free of Big, Canby and Sandberg bluegrass, dock, chickweed, crabgrass, plantain, short-awn foxtail, annual bluegrass, velvetgrass, weedy Festuca spp., and noxious weed seeds as listed under WAC 16-302-100 and 16-302-105. |

(2) Seed standards for sod quality ryegrass seed are as follows:

| Variety | Purity Sample Size, grams (a) | Pure Minimum % | Germination Minimum % (b) | Other Crops (c) Maximum % | Weeds (d) Maximum % | | --- | --- | --- | --- | --- | --- | | Ryegrass (e) | 50 | 98.00 | 90.00 | 0.10 | 0.02 |

| (a) | Requires testing of noxious all weed all crop exam and a germination test. | | --- | --- | | (b) | 85% minimum germination allowed on ryegrass varieties as designated by the breeder or variety owner. See list maintained by the seed program. | | (c) | Must be free of black medic, orchardgrass, timothy, Agrostis sp., Poa trivialis, brome, reed canarygrass, tall fescue, clover and meadow foxtail. Maximum allowable Canada bluegrass 0.02%. | | (d) | Must be free of Big, Canby and Sandberg bluegrass, dock, chickweed, crabgrass, plantain, annual bluegrass, velvetgrass, weedy Festuca spp., short-awn foxtail, and noxious weed seeds as listed under WAC 16-302-100 and 16-302-105. An additional 0.07% of weedy Bromus spp. will be allowed. | | (e) | Maximum fluorescence levels as determined by breeder or variety owner. |

(3) A sod seed analysis certificate is the basis of determining if a lot meets sod quality standards. This certificate is issued by the certifying agency and represents a purity analysis.

(4) In addition to a seed certification tag, seed meeting sod quality Certified seed standards will be tagged with a special "sod quality seed" tag.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-410, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-410, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. WSR 06-15-137, § 16-302-410, filed 7/19/06, effective 8/19/06. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 03-18-072, § 16-302-410, filed 8/29/03, effective 9/29/03
WSR 02-12-060, § 16-302-410, 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. WSR 00-24-077, § 16-302-410, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-412 Pacific Northwest standards for sod quality seed.

(1) Pacific Northwest sod quality seed, seed standards for sod quality grass seed are as follows:

| Variety | Purity Sample Size, grams (a) | Pure Seed Minimum % | Germination Minimum % | Other Crops (b) Maximum % | Weeds (c) Maximum % | | --- | --- | --- | --- | --- | --- | | Bluegrass, Kentucky | 25 | 97.00 | 80.00 | 0.10 | 0.02 | | Fescue, red (d) | 30 | 98.00 | 85.00 | 0.10 | 0.02 | | Fescue, chewings (d) | 30 | 98.00 | 85.00 | 0.10 | 0.02 | | Fescue, tall - Turf type | 50 | 98.00 | 85.00 | 0.10 | 0.02 | | Ryegrass, Perennial (e) | 50 | 98.00 | 90.00 | 0.10 | 0.02 |

| (a) | Requires testing of noxious all weed all crop exam and a germination test. | | --- | --- | | (b) | Must be free of ryegrass, orchardgrass, timothy, bentgrass, big bluegrass, canby bluegrass, sandberg bluegrass, Poa trivialis, all species of Bromus, reed canarygrass, tall fescue, clover, meadow foxtail, bermudagrass (unless it is crop being tested), black medic, Alkaligrass, all of the genus Puccinellia. Canada bluegrass 0.02% - maximum allowable. Other Kentucky bluegrass - maximum 2.00%. | | (c) | Must be free of dock, chickweed, crabgrass, plantain, short-awn foxtail, annual bluegrass, all species of Bromus, velvetgrass, rattail fescue, and all weeds prohibited. (See Prohibited Noxious Seed List) | | (d) | Red fescue and chewings fescue must be free of Canada bluegrass. | | (e) | Maximum ryegrass fluorescence levels as determined by breeder or variety owner. |

(2) A sod seed analysis certificate is the basis of determining if a lot meets sod quality standards. This certificate is issued by the certifying agency and represents a purity analysis.

Reports of analysis (ROA) for issuance of a PNW sod quality tag will be accepted from out-of-state certification seed agency when the seed lot is grown within the boundaries of Idaho or Oregon. The seed testing laboratory must also be located within either Idaho or Oregon and is an accredited by AOSA as a member in good standing.

(3) In addition to a seed certification tag, seed meeting sod quality Certified seed standards will be tagged with a special "PNW sod quality seed" tag with the Washington state logo.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-412, filed 4/9/25, effective 5/10/25.

Wash. Admin. Code § 16-302-415 Standards for sudangrass certification.

(1) The general seed certification definitions and standards in this chapter are basic and together with WAC 16-302-420 through 16-302-435 constitute the standards for sudangrass seed certification.

(2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-415, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-415, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-420 Land requirements for sudangrass seed certification.

The land requirements for the production sudangrass are as follows:

(1) A field planted for all foundation, registered, and certified classes of sudangrass seed must not have grown or been seeded to sudangrass or sorghum during the preceding two years.

(2) Reseeding of a field, because of failure or partial failure of the first seeding may be done by referring to the guidelines in WAC 16-302-045(5).

(3) Prohibited noxious weeds in the field and on ditchbanks, roadways, etc., adjacent to a certified field shall be controlled to prevent seed formation.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-420, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-425 Isolation requirements for sudangrass seed certification.

Sudangrass for certification of the foundation, registered, and certified classes must be isolated from all other sudangrass not meeting the same varietal purity requirements for certification or from sorghum by a minimum of nine hundred ninety feet.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-425, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-430 Field tolerances for sudangrass certification.

Maximum other varieties permitted in field inspection for certification shall be as follows:

| (a) | Foundation seed field. . . . | 1 plant/50,000 plants | | --- | --- | --- | | (b) | Registered seed field . . . . | 1 plant/35,000 plants | | (c) | Certified seed field . . . . | 1 plant/20,000 plants |

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-430, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-435 Seed standards for sudangrass certification.

Lot standards for certification of sudangrass are as follows:

| Purity | Foundation | Registered | Certified | | --- | --- | --- | --- | | Pure seed (min.) | 98.00% | 98.00% | 98.00% | | Inert material (max.)* | 2.00%* | 2.00%* | 2.00%* | | Other crop (max.) | 0.01% | 0.03% | 0.08% | | Weed seed (max.) | 0.10% | 0.10% | 0.10% | | Prohibited or restricted noxious weed seeds | None found | None found | None found | | Germination (min.) | 85.00% | 85.00% | 85.00% |

| * | Inert matter must not contain more than 0.5% of material other than seed fragments of the variety under consideration. | | --- | --- |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-435, filed 4/9/25, effective 5/10/25. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 02-12-060, § 16-302-435, 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. WSR 00-24-077, § 16-302-435, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-445 Standards for flax certification.

(1) The general seed certification definitions and standards in this chapter are basic and together with WAC 16-302-450 through 16-302-455 constitute the standards for flax certification.

(2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-445, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-445, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-450 Field standards for flax certification.

Isolation must be an adequate distance to prevent mechanical mixture.

| Maximum permitted-ratio of heads or plants. | | | | --- | --- | --- | | Foundation | Registered | Certified | | 1:5000 | 1:2000 | 1:1000 |

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-450, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-455 Seed standards for flax certification.

Standards for each class:

NS = No Standard

| Purity | Foundation | Registered | Certified | | --- | --- | --- | --- | | Pure seed (min.) | NS | 98.00% | 97.00% | | Inert matter (max.) | NS | 2.00% | 3.00% | | Weed seed (max.)* | NS | 0.10% | 0.20% | | Other crop seed (max.) | NS | 0.10% | 0.20% | | Germination (min.) | NS | 80.00% | 80.00% |

| * | Flax must be free of prohibited and objectionable noxious weed seed. | | --- | --- |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-455, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-455, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-460 Standards for woody plants, forbs, and other reclamation species certification.

(1) The general seed certification definitions and standards in this chapter are basic and together with WAC 16-302-465 through 16-302-470 constitute the standards for woody plants and forbs certification.

(2) Fees for seed certification are assessed as established in chapter 16-303 WAC.

History

Statutory Authority: RCW 15.120.030(3), 15.49.021, 15.49.310, and chapter 34.05 RCW. WSR 17-08-090, § 16-302-460, filed 4/5/17, effective 5/6/17. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-460, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-460, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-465 Land requirements and field standards for woody plants, forbs, and other reclamation species.

(1) The life of a stand shall be unlimited as long as 75 percent of the plants present in the stand are those that were planted originally.

(2) To be eligible for the production of Certified class of seed, a field must not have grown or been seeded to the same species during the previous four years for Foundation, three years for Registered, and two years for Certified.

(3) A seed field inspection must be made the year of establishment and at least once each year that seed is to be harvested. This inspection will be made at a time when plant development allows for the detection of factors such as off-type varieties and weed contamination.

(4) Isolation for seed production the minimum distance from a different variety or wild hybridizing populations are as follows:

| | Minimum of isolation-feet: | | | --- | --- | --- | | Class | Fields of 2 acres or less | Fields of more than 2 acres | | Foundation & Registered | 400 | 200 | | Certified | 200 | 100 |

Volunteer plants may be cause for rejection or reclassification of a seed field.

(5) Specific field tolerances:

| | Maximum ratio of heads or plants | | | | --- | --- | --- | --- | | Purity | Foundation | Registered | Certified | | Other varieties & off-type | 1/1000 | 1/500 | 1/250 | | Other kinds (Inseparable other species) | 1/2000 | 1/1000 | 1/500 | | Prohibited noxious weeds | None found | None found | None found |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-465, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.120.030(3), 15.49.021, 15.49.310, and chapter 34.05 RCW. WSR 17-08-090, § 16-302-465, filed 4/5/17, effective 5/6/17. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-465, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-465, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-470 Seed standards for woody plants, forbs, and other reclamation species.

Seed standards for the production of woody plants, forbs, and other reclamation species are as follows:

FND = Foundation class

REG = Registered class

RNW = Restricted Noxious Weed Seed Limit

| Crop/Common Name(s) | Minimum % Germination | Minimum % Pure seed | Maximum % Inert | Maximum % Weeds (i) | Maximum % Other crops | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Class | F/R | C | F/R | C | F/R | C | F/R | C | F/R | C | | Sanguisorba minor • Small burnet | 80.00 | 80.00 | 95.00 | 95.00 | 5.00 | 5.00 | 0.10 | 0.20 | 0.10 | 0.25 | | Dalea purpurea • Purple prairie clover | 60.00 (ii) | 60.00 (ii) | 95.00 | 95.00 | 5.00 | 5.00 | 0.20 | 0.50 | 0.10 | 0.25 | | Purshia tridentata •Bitterbrush •antelope | 75.00 | 75.00 | 95.00 | 95.00 | 5.00 | 5.00 | 0.10 | 0.20 | 0.40 | 1.25 | | | | | | | | | | includes 0.15 (vii) | includes 0.50 (vii) | | | Balsamorhiza sagittata • Balsamroot • arrowleaf | 85.00 | 85.00 | 99.00 | 98.00 | 1.00 | 2.00 | 0.02 | 0.04 | 0.10 | 0.20 | | | | | | Sclerotinia None found | Sclerotinia 1/lb | | | | | | | Atriplex canescens • Saltbush • four-wing | 30.00 | 30.00 | 85.00 | 85.00 | 15.00 | 15.00 | 0.25 | 0.50 | 0.40 | 1.25 | | | | | | | | | | includes 0.15 (vii) | includes 0.50 (vii) | | | Gaillardia aristate • Blanket-flower | 60.00 | 60.00 | 90.00 | 90.00 | 10.00 | 10.00 | 0.20 | 1.00 | 0.20 | 2.00 | | | | | | | | | | includes 0.10 (vii) | includes 0.25 (vii) | | | Liatris pycnostachya • Prairie blazingstar • Thickspike Gayfeather | 60.00 | 60.00 | 85.00 | 80.00 | 15.00 | 20.00 | 0.30 | 0.30 | 0.20 | 2.00 | | | | | | | | | | includes 0.10 (vii) | includes 0.25 (vii) | | | Bassia prostrata • Forage kochia | 35.00 | 35.00 | 65.00 | 65.00 | 35.00 | 35.00 | 0.10 | 0.20 | 9/lb | 25/lb | | | | | | | | RNW 45/lb | RNW 91/lb | | | | | Artemisia ludoviciana • Louisiana sagebrush • White sagebrush • Columbia river wormwood | 30.00 | 30.00 | 80.00 | 80.00 | 20.00 | 20.00 | 0.25 | 0.50 | 0.40 | 1.25 | | | | | | | | | | includes 0.25 (vii) | includes 0.75 (vii) 2.00 (iii) | | | Artemisia tridentata • Big mountain sagebrush • Big sagebrush • Big basin sagebrush • Wyoming sagebrush | 50.00 | 50.00 | 10.00 | 10.00 | 90.00 | 90.00 | 0.25 | 0.50 | 0.40 | 1.25 | | | | | | | | | | includes 0.10 (vii) | includes 0.25 (vii) 2.00 (iii) | | | Salvia azurea • Pitcher sage (salvia) • Blue sage | 25.00 | 25.00 | 90.00 | 90.00 | 10.00 | 10.00 | 0.30 | 0.30 | 0.40 | 1.25 | | | | | | | | | | includes 0.10 (vii) | includes 0.25 (vii) 2.00 (iii) | | | Astragalus cicer L. • Milkvetch, cicer | 75.00 | 70.00 | 99.00 | 98.00 | 1.00 | 2.00 | 0.01 | 0.20 | 0.01 | 0.20 | | | | | | includes Sclerotia 0.10 | includes Sclerotia 0.10 | RNW None found | RNW 10/lb | includes 0.10 (vii) | includes 0.50 (vii) | | | Melilotus officinalis • Sweet clover | 75.00 | 70.00 | 99.00 | 98.00 | 1.00 | 2.00 | 0.01 | 0.20 | 0.01 | 0.20 | | | | | | includes Sclerotia 0.10 | includes Sclerotia 0.10 | RNW None found | RNW 18/lb | includes 0.10 (vii) | includes 0.50 (vii) | | | Lupine spp. • Lupine | 80.00 | 80.00 | 98.00 | 98.00 | 2.00 | 2.00 | 0.25 | 0.50 | 0.10 | 0.40 | | | | | | | | RNW None found | RNW 9/lb | | | | | Cercocarpus montanus • Mountain mahogany | 60.00 | 60.00 | 85.00 | 85.00 | 15.00 | 15.00 | 0.25(a) | 0.50(a) | 0.40 0.15(g) | 1.25 0.75(g) | | Penstemon spp. | 80.00 (iv) | 80.00 (iv) | 90.00 | 90.00 | 10.00 | 10.00 | 0.20 | 1.00 | 0.20 (iii) | 2.00 (iii) | | | | | | | | | | includes 90/lb (v) | includes 180/lb (v) | | | Penstemon palmeri • Rocky Mountain penstemon | 80.00 (iv) | 80.00 (iv) | 90.00 | 90.00 | 10.00 | 10.00 | 0.20 | 1.00 | 0.20 (iii) | 2.00 (iii) | | | | | | | | | | includes 90/lb (v) | includes 180/lb (v) | | | Penstemon strictus • Rocky Mountain penstemon • Rocky Mountain beardtongue | 80.00 (iv) | 80.00 (iv) | 90.00 | 90.00 | 10.00 | 10.00 | 0.20 | 1.00 | 0.20 (iii) | 2.00 (iii) | | | | | | | | | | includes 90/lb (v) | includes 180/lb (v) | | | Ratibida columnifera • Prairie-coneflower | 60.00 | 60.00 | 90.00 | 90.00 | 10.00 | 10.00 | 0.20 | 1.00 | 0.20 (iii) | 2.00 (iii) | | | | | | | | | | includes 0.10 (vii) | includes 2.00 (vii) | | | Carthamus tinctorius • Safflower | 80.00 | 80.00 | 99.00 | 98.00 | 1.00 | 2.00 | FND None found | 0.20 | FND None found | 0.10 | | | | | | | | REG 0.10% | | REG 1/1lb (vi) | includes 1/1lb (vi) | | | Onobrychis viciifolia • Sainfoin | NS | 80.00 | 99.00 | 99.00 | 1.00 | 2.00 | 0.10 (i) | 0.20 | None found | 0.10 | | | | | | | | RNW None found | RNW 9/lb | | | | | Sporobolus rigidus • Sand-reed, prairie | 70.00 | 70.00 | 90.00 | 90.00 | 10.00 | 10.00 | 0.10 | 0.25 | 0.10 | 0.50 | | Krascheninnikovia lanata • Winterfat | 40.00 | 40.00 | 60.00 | 60.00 | 40.00 | 40.00 | 0.25 | 0.50 | 0.40 | 1.25 | | | | | | | | | | includes 0.15 (vii) | includes 0.75 (vii) | |

| (i) | Must be free prohibited and restricted noxious weed seed. | | --- | --- | | (ii) | Includes total germination and hard seed. | | (iii) | Never to exceed 0.25% other forbs. | | (iv) | Total viability by TZ. | | (v) | Sweet clover. | | (vi) | Barley, oats, rye, triticale, or wheat. | | (vii) | Other varieties or kinds. |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-470, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and chapter 34.05 RCW. WSR 18-19-017, § 16-302-470, filed 9/10/18, effective 10/11/18. Statutory Authority: RCW 15.120.030(3), 15.49.021, 15.49.310, and chapter 34.05 RCW. WSR 17-08-090, § 16-302-470, filed 4/5/17, effective 5/6/17. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-470, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-470, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-475 Standards for rapeseed, mustard (Brassica spp. and Sinapis alba), and radish certification.

(1) The general seed certification definitions and standards in this chapter are basic and together with WAC 16-302-480 through 16-302-490 constitute the standards for rapeseed certification.

(2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-475, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-475, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-480 Field standards for rapeseed, mustard (Brassica spp. and Sinapis alba), and radish certification.

Field standards for the production of rapeseed are as follows:

(1) Inspection will be made by the certifying agency when the crop is in the early flowering stage.

(2) A portion of a rapeseed field may be certified if the area to be certified is clearly defined.

(3) A field producing Foundation, Registered or Certified rapeseed, also known as canola (Brassica napus), must be the minimum specified isolation distance from fields of any other variety of Brassica napus, from fields of the same variety that do not meet the varietal purity requirements for certification, as well as from fields of Brassica rapa, Brassica oleracea, and Brassica juncea as indicated in the following table:

| Class | Fields of Cross Pollinated Varieties Including Hybrids | Fields of Self Pollinated Varieties | | --- | --- | --- | | Foundation | 1 mile | 660 feet | | Registered | 1 mile | 660 feet | | Certified | 1 mile | 330 feet | | Different class of same variety | 165 feet | 165 feet |

These isolation distances are minimum and must be met in all cases.

(4) Volunteer plants may be cause for rejection or reclassification of a rapeseed field.

(5) Specific standards for rapeseed are:

| | Maximum % permitted in each class | | | | --- | --- | --- | --- | | Purity | Foundation | Registered | Certified | | Other varieties (a) | None found (b) | None found (b) | 1.00 |

| (a) | Other varieties are considered to include Brassica rapa, Brassica oleracea, Brassica juncea, off-type plants of Brassica napus and plants that can be differentiated from the variety being inspected. | | --- | --- | | (b) | None found means none found during the normal inspection procedures. None found is not a guarantee to mean the field inspected is free of the purity. |

(6) Field standards for mustard and radish are as follows:

| Class of Seed Produced | Maximum Other Varieties Permitted | Isolation Requirements | | --- | --- | --- | | Foundation or Registered | None | 1320 feet | | Certified | 1:500 | 660 feet |

(7) Inspection will be made by the certifying agency when the crop is in the early flowering stage.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-480, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-480, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. WSR 06-15-136, § 16-302-480, filed 7/19/06, effective 8/19/06. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-480, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-485 Land requirements for rapeseed, mustard (Brassica spp. and Sinapis alba), and radish certification.

(1) Land requirements prior to planting for the production of rapeseed are as follows:

| Class Planted | Class Produced | Years Field Shall be Free of Rapeseed | | --- | --- | --- | | Breeder | Foundation | 5 | | Foundation | Registered | 4 | | Breeder, Foundation, Registered | Certified | 3 |

(2) Land requirements prior to planting of mustard or radish are as follows:

| Class produced | Years free from any cruciferous crop | | --- | --- | | Foundation, Registered or Certified | 5 years | | May be reduced to three years if following the same variety of the same or higher class. | |

(3) For all classes no manure or other contaminating materials shall be applied during the establishment and production period of the rapeseed stand.

(4) Reseeding of a rapeseed, mustard, or radish field due to failure or partial failure of the first seeding may be done by referring to the guidelines in WAC 16-302-045(5).

(5) Ditchbanks, roadways, irrigation canals, and property, adjacent to a Certified rapeseed field must be free of volunteer rapeseed and prohibited noxious weeds.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-485, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-485, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-485, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-490 Seed standards for rapeseed, mustard (Brassica spp. and Sinapis alba), and radish certification.

Seed standards for the production of rapeseed, mustard, and radish are as follows:

| Purity | | Foundation | Registered | Certified | | --- | --- | --- | --- | --- | | Pure seed | (minimum) % | 99 | 99 | 99 | | Other crop and/or varieties | (maximum) | 9/lb | 9/lb | 18/lb | | Inert matter | (maximum) % | 1 | 1 | 1 | | Weed seed | (maximum) % | 91/lb and not to exceed 0.01% | 91/lb and not to exceed 0.01% | 181/lb and not to exceed 0.25% | | Prohibited noxious weeds (a) | | None found | None found | None found | | Objectionable weeds (b) | (maximum) | 5/lb | 9/lb | 18/lb | | Chemical analysis (c), (d), (e) | | | | | | Germination | (minimum) % | 85 | 85 | 85 |

| Note: | | | --- | --- | | (a) | None found means none found during normal inspection procedures. None found is not a guarantee that the lot is free of noxious weed seeds. | | (b) | Objectionable weed seeds are defined as restricted noxious listed in WAC 16-301-050 plus: Brassica nigra, Sinapis arvensis, Brassica juncea, and Raphanus raphanistrum. | | (c) | Erucic acid content shall be less than 2% and glucosinolate content shall not be greater than thirty micromoles unless other tolerances are described by the plant breeder for each variety. | | (d) | Erucic acid and glucosinolate analysis must be conducted on clean seed. | | (e) | Erucic acid and glucosinolate analysis must be conducted at a WSDA approved laboratory. |

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-490, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 02-12-060, § 16-302-490, 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. WSR 00-24-077, § 16-302-490, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-495 Standards for red clover seed certification.

(1) The general seed certification definitions and standards in this chapter are basic and together with WAC 16-302-500 through 16-302-520 constitute the standards for red clover seed certification.

(2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-495, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-495, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-500 Land requirements for red clover seed certification.

Land requirements for the production of red clover seed are as follows:

(1) A field planted with red clover Breeder seed for the production of Foundation seed must not have grown or been seeded to red clover during the preceding six years of planting, three years of which the land must be cultivated.

(2) A field to be planted with red clover Foundation seed for the production of Certified seed must not have grown or been seeded to red clover during the preceding two years. The time interval may be shortened to one year if one cultivated crop or clean fallow has intervened and the new planting is of the same variety and class.

(3) A stand of red clover is not eligible to produce Certified seed after two seed crops. The two crops may be produced either in the same or in consecutive years.

(4) Reseeding of a red clover field because of failure or partial failure of the first seeding may be done by referring to the guidelines in WAC 16-302-045(5).

(5) Ditchbanks, roadways, irrigation canals, and property, adjacent to a Certified red clover field must be free of volunteer red clover and prohibited noxious weeds.

(6) Volunteer plants in the red clover field may be cause for rejection or reclassification of the seed field.

(7) No manure or contaminating material may be applied one year preceding planting, or during the establishment and productive period of the red clover stand.

(8) A stand of red clover over three years old is not eligible for certification.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-500, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-500, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-510 Isolation requirements for red clover seed certification.

Isolation requirements for the production of red clover seed crop are as follows:

(1) Red clover for certification must be isolated from all other red clover varieties or fields of the same variety not meeting varietal purity requirements for certification as follows:

| Class Being Produced | Fields less than five acres | Fields five acres or more | | --- | --- | --- | | Foundation | 900 feet | 600 feet | | Certified | 165 feet | 165 feet |

(2) Isolation between different classes (generations) of the same red clover variety is as follows:

| Class Being Produced | Distance Required from Fields Planted with: | Fields less than 5 acres | Fields 5 acres or more | | --- | --- | --- | --- | | Foundation | Foundation or Certified | 225 feet | 150 feet | | Certified | Certified | 75 feet | 45 feet |

(3) In cases where an adjoining field is planted with a different variety of red clover, or red clover of a lower class, isolation may be obtained by measuring off the required strip in the certified seed field. This isolation strip may be mowed for hay or it may be harvested for uncertified seed under the following conditions:

(a) The grower must apply for certification of the entire red clover field and clearly stake off the isolation strip. The entire field must pass all certification requirements, except for isolation at time of inspection. The field report will show rejection due to lack of isolation.

(b) The grower must harvest and deliver to a department approved conditioning plant the seed from the certified portion of the field separately from the seed from the isolation strip. After the seed is weighed and lotted in the weight of the seed from the isolation strip is to be reported to the seed program. At this time the seed program records will indicate the field has passed certification.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-510, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-515 Field tolerances for red clover seed certification.

Field tolerances for the production of red clover seed are as follows:

| | Field Producing* | | | | --- | --- | --- | --- | | Foundation | Certified | | | | Other varieties | (Max.) | 0.00% | 0.50% | | Alfalfa | (Max.) | None found | 0.50% | | Sweet Clover | (Max.) | None found | 20 plants/acre |

| * | Prohibited noxious weeds must be controlled to prevent seed formation. | | --- | --- |

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-515, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-520 Seed standards for red clover seed certification.

(1) Red clover seed must be free of prohibited noxious weed seeds and Foundation class must be free of Brassica spp.

(2) One pound of seed will be examined for the presence of dodder.

(3) Seed standards for the production of red clover seed are as follows:

| Purity | | Foundation | Certified | | --- | --- | --- | --- | | Pure seed | (Min.) | 99.00% | 99.00% | | Other crops | (Max.) | 18 per lb. | 0.25% | | Inert matter | (Max.) | 1.00% | 1.00% | | Sweet clover | (Max.) | 9 per lb. | 90 per lb. | | Weed seed | (Max.) | 0.15% | 0.25% | | Objectionable weed seeds | (Max.) | none found | 90 per lb. | | Germination (minimum total germination and hard seeds) | | 85.00% | 85.00% | | or Tetrazolium (minimum total tetrazolium and hard seeds) | | 87.00% | 87.00% |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-520, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-520, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-525 Standards for white clover and trefoil seed certification.

(1) The general seed certification definitions and standards in this chapter are basic and together with WAC 16-302-530 through 16-302-545 constitute the standards for white clover and trefoil seed certification.

(2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-525, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-525, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-530 Land requirements for white clover and trefoil seed certification.

Land requirements for the production of white clover and trefoil seed are as follows:

(1) Breeder seed for the production of white clover or trefoil Foundation seed must not be planted on land on which the same kind has been previously planted. During the year prior to white clover or trefoil seeding, the land must be in a cultivated crop or fallow and the land must be free from volunteer plants as determined by a field inspection during the season in which the seedling is established.

(2) Foundation seed for the production of Registered or Certified white clover or trefoil seed must be planted on land on which no other variety or strain of the same kind is grown or planted during the season in which the seedling is established.

(3) Foundation or Registered trefoil seed for the production of Certified seed shall be planted on land on which no other variety or strain of trefoil is grown or planted during the three years prior to planting.

(4) Reseeding of a white clover or trefoil seed field due to failure or partial failure of the first seeding may be done by referring to the guidelines in WAC 16-302-045(5).

(5) Certification of trefoil shall be limited to stands not exceeding five years of age, except for a variety grown outside its region of adaptation, in which case certification shall be limited to stands not exceeding three years of age.

(6) Foundation or Certified producing white clover fields are eligible for certification for only two harvest years following the year of seeding if the seed production the first year is prevented. Foundation fields may be reclassified to the next lower class after being harvested for seed for two years.

(7) Ditchbanks, roadways, irrigation canals, and property, adjacent to a Certified white clover or trefoil field must be free of volunteer plants of the same kind and prohibited noxious weeds.

(8) Volunteer plants in the white clover or trefoil field may be cause for rejection or reclassification of the seed field.

(9) No manure or other contaminating materials may be applied during the establishment and production period of the white clover or trefoil stand.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-530, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-530, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-535 Isolation requirements for white clover and trefoil seed certification.

Isolation requirements for the production of white clover and trefoil seed crop are as follows:

(1) White clover or trefoil fields for certification must be isolated from all other fields of the same variety not meeting varietal purity requirements for certification as follows:

| Class Being Produced | Fields less than five acres | Fields five acres or more | | --- | --- | --- | | Foundation | 900 feet | 600 feet | | Registered | 450 feet | 300 feet | | Certified | 165 feet* | 165 feet |

| * | 330 feet required for trefoil. | | --- | --- |

(2) Isolation between different classes (generations) of the same variety of white clover or trefoil is as follows:

| Class Being Produced | Distance Required from Fields Planted with: | Fields less than five acres | Fields five acres or more | | --- | --- | --- | --- | | Foundation | Foundation or Registered | 225 feet | 150 feet | | Registered | Registered or Certified | 115 feet | 75 feet | | Certified | Certified | 75 feet | 45 feet |

(3) In cases where an adjoining field is planted with a different variety, or of a lower class, isolation may be obtained by measuring off the required strip in the certified seed field. This isolation strip may be mowed for hay or it may be harvested for uncertified seed under the following conditions:

(a) The grower must apply for certification of the entire white clover or trefoil field and clearly stake off the isolation strip. The entire field must pass all certification requirements, except for isolation, at time of inspection. The field report will show rejection due to lack of isolation.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-535, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-540 Field tolerances for white clover or trefoil seed certification.

Field tolerances for the production of white clover or trefoil seed are as follows:

| | Maximum permitted: Ratio of Plant Field Producing* | | | | --- | --- | --- | --- | | Factor | Foundation | Registered | Certified | | Other Variety | 1:1000 | 1:400 | 1:100 | | Sweet Clover | 1:1000 | 1:400 | 1:100 | | Other Inseparable Crops | 1:1000 | 1:400 | 1:100 |

| * | Prohibited noxious weeds must be controlled to prevent seed formation. | | --- | --- |

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-540, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-545 Seed standards for white clover and trefoil seed certification.

(1) Seed standards for the production of white clover and trefoil seed are as follows:

part i of table

| | | white clover | | | | --- | --- | --- | --- | --- | | | | Found. | Reg. | Cert. | | Pure Seed | (Min.) | 98.00% | 99.00% | 99.00% | | Other Crop | (Max.) | 0.10% | 0.20% | 0.50% | | Inert | (Max.) | 2.00% | 2.00% | 1.00% | | Weed Seed | (Max.) | 0.20% | 0.25% | 0.30% | | Sweet Clover | (Max.) | None found | 9/lb | 90/lb | | Objectionable Weed Seeds | (Max.) | None found | 45/lb | 90/lb | | Germination (Germination + Hard Seed) | (Min.) | 85.00% | 85.00% | 85.00% | | or Tetrazolium (Minimum total tetrazolium and hard seeds) | | | | 87.00% |

part ii of table

| | | trefoil | | | | --- | --- | --- | --- | --- | | | | Found. | Reg. | Cert. | | Pure Seed | (Min.) | 98.00% | 98.00% | 99.00% | | Other Crop | (Max.) | 0.10% | 0.25% | 0.30% | | Inert | (Max.) | 2.00% | 1.00% | 1.00% | | Weed Seed | (Max.) | 0.10% | 0.25% | 0.30% | | Sweet Clover | (Max.) | None found | 9/lb | 90/lb | | Objectionable Weed Seeds | (Max.) | None found | 45/lb | 90/lb | | Germination (Germination + Hard Seed) | (Min.) | 85.00% | 85.00% | 85.00% | | or Tetrazolium (Minimum total tetrazolium and hard seeds) | | | | 87.00% |

(2) White clover and trefoil seed must be free of prohibited noxious weed seeds and Foundation class must be free of Brassica spp.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-545, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-545, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-550 Standards for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum, quinoa, and small grains seed certification.

(1) The general seed certification definitions and standards in this chapter are basic and together with WAC 16-302-555 through 16-302-705 constitute the standards for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum, quinoa, and small grains seed certification.

(2) Fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-550, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-550, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-555 Labeling and sealing of Certified seed by a grower.

(1) The certifying agency may authorize a grower who has their own equipment and conditions their own seed to label and seal Certified seed.

(2) The grower's cleaning equipment must be approved by the department or its authorized agent according to WAC 16-302-125.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-555, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-555, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-555, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-560 Miscellaneous field and seed inspection standards for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum, quinoa, and small grain seed certification.

(1) Field inspection timing for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum, quinoa, and small grain seed entered in the certification program are:

(a) For field pea and lentil - When seed crop is in full bloom;

(b) For chickpea (garbanzo bean) - When seed crop is mature enough to differentiate leaf type (compound or simple leaf type), with a second inspection occurring between full bloom and late pod stage for Registered and Foundation class.

Certified class may be subject to a second inspection at the discretion of the certifying agency at late pod stage if ascochyta blight is observed during the first inspection and the crop has been treated with an EPA-approved fungicide;

(d) For open pollinated sorghum - When seed crop is in full bloom, and optionally again when seed crop begins to show mature color;

(e) For hybrid sorghum - Two inspections during bloom and one inspection after seed begins to show mature color;

(f) For quinoa - A field inspection shall be made during the bloom stage but not before at least 50 percent of the plants are showing one or more blossoms;

(g) For small grains - When seed crop is fully headed and of mature color;

(h) For millet - One inspection during bloom and one inspection after seed begins to show mature color; and

(i) For buckwheat - One inspection when seed crop is in full bloom.

| Note: | Mustard species (i.e., Sinapis arvensis), Amaranthus species (i.e., A. retroflexus - red root pigweed, A. palmeri - palmer amaranth, and related) and species that cross pollinate (i.e., Chenopodium album - common lambsquarters, C. berlandieri - goosefoot, C. murale - goosefoot, and related) are among some of the troublesome, potentially inseparable weeds in quinoa seed crop. Excess numbers of these weed species may be cause for rejection. | | --- | --- |

(2) Any condition or practice which permits or causes contamination of the seed crop, such as failure to prevent seed formation of prohibited noxious weeds, or excess weeds including excessive objectionable or restricted noxious weeds, or mechanical field mixing, is cause for rejection upon inspection.

Fields rejected for jointed goatgrass or jointed goatgrass hybrids are not eligible for reinspection and must remain ineligible for any production of certified classes of small grain seed until a reclamation procedure, as specified in subsection (3) of this section has been completed. Fields rejected for other causes will remain eligible for reinspection.

(3) The jointed goatgrass reclamation procedure includes the following:

(a) Each grower must develop a reclamation plan for their affected fields. The plan must be based on the most current recommendations of Pacific Northwest scientists and Washington State University cooperative extension as well as good management practices. The plan may include use of Certified seed, spring cropping practices, and late tilling and planting. No particular program is specified or endorsed and compliance with a program does not assure eligibility for the production of certified classes of small grain seed. Eligibility is based solely upon results of field inspections as provided in (b) through (e) of this subsection.

(b) The rehabilitation and inspection program duration is three years for irrigated land and five years for dryland without production of certified small grain seed and the first year of certified seed production thereafter.

(c) Annual inspections of the affected fields are conducted by the certifying agency during the prescribed rehabilitation period at such time that the jointed goatgrass or jointed goatgrass hybrids would be most visible.

(d) Following the prescribed period of rehabilitation and during the first certified seed production year, a minimum of three field inspections are conducted by the certifying agency.

(e) If jointed goatgrass or jointed goatgrass hybrids are found during any inspection as provided in (c) and (d) of this subsection, the rehabilitation program is determined unsuccessful or the field is declared ineligible and the rehabilitation and inspection program for that field must begin again at year one of the procedure.

(4) Field run lots of seed of the same variety may be commingled to facilitate storage and conditioning.

(5) No prohibited noxious weed seeds are permitted upon inspection for seed standards.

(6) Germination minimum refers to germination when sampled.

(7) If chemically controllable seed-borne diseases are noted upon inspection for field standards and seed standards for small grains, treatment of seed is required.

(8) Wild oat, isolated patches and borders must be removed or clearly marked so as to avoid harvesting with the rest of the field. If rejected, a reinspection is necessary to assure clean-up efforts are satisfactory. Spot checks are conducted on fields where heavy patches or contaminated borders were noted. Harvesting these areas with the rest of the field is cause for rejection of the entire field.

(9) The official laboratory providing seed analysis for the purpose of certification is the department.

(10) For all fields planted with varieties that contain the clearfield trait as defined in the variety description, documentation will be required to be submitted with the certification application verifying that the production field meets all production guidelines and was sprayed with the appropriate herbicide. Clearfield is a trait that makes a plant resistant to the Imazamox herbicide.

(11) For all fields planted with varieties that contain the AXigen trait as defined in the variety description, documentation will be required to be submitted with the certification application verifying that the production field meets all production guidelines and was sprayed with the appropriate herbicide. AXigen is a trait that makes a plant resistant to Aggressor® (Quizalofop-P-ethyl) brand herbicide.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-560, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-560, filed 10/4/21, effective 11/4/21. Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and chapter 34.05 RCW. WSR 18-10-055, § 16-302-560, filed 4/27/18, effective 5/28/18. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-560, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 10-08-028, § 16-302-560, filed 3/31/10, effective 5/1/10. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-560, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-660 Pea standards for seed certification.

(1) The land, isolation, and field standards for field pea seed certification are:

| | Class | Land Minimum Years | Isolation Minimum Feet | Off-type Maximum Plants/acre | Inseparable Other Crop (c) | Noxious Weeds (plants/acre) | | | --- | --- | --- | --- | --- | --- | --- | --- | | | Foundation | 3 (a) | 25 (b) | None found | None found | (d) | | | | Registered | 2 (a) | 10 (b) | 10 | None found | (d) | | | | Certified | 2 (a) | 10 (b) | 20 | None found | (d) | |

| | (a) | Peas also require 10 years land history with no production of Austrian winter pea for all classes. | | | --- | --- | --- | --- | | | (b) | Reduce to three feet from fields producing a Certified class of the same variety. In addition, each field pea field for certification must be isolated by three feet from small grain fields. To prevent mechanical field mixing of swathed field pea seed crop, the planting of small grain between field pea fields, except for the three feet of isolation, is recommended. | | | | (c) | No Austrian winter pea or rye is permitted. For Austrian winter peas, no rye is permitted. | | | | (d) | Prohibited, restricted, and other weeds difficult to separate must be controlled. | |

(2) Seed certification standards for field pea are:

| Class | Off-type Maximum % | Pure Seed Minimum % | Inert Maximum % | Other Crop Maximum % | Weed Maximum % | Germination Minimum % | | --- | --- | --- | --- | --- | --- | --- | | Foundation | None found | 99.00 | 1.00 | None found | None found | 85.00 | | Registered | None found | 99.00 | 1.00 | None found | 0.25 (b) | 85.00 | | Certified | 0.03 | 99.00 | 1.00 | 0.10 (a) | 0.25 (b) | 85.00 |

| (a) | No Austrian winter pea or rye is permitted. For Austrian winter peas, no rye is permitted. | | --- | --- | | (b) | Objectionable weed seed maximum: 1 seed per lb. Registered class, 2 seeds per lb. Certified class. |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-660, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and chapter 34.05 RCW. WSR 18-10-055, § 16-302-660, filed 4/27/18, effective 5/28/18. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-660, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-660, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-665 Lentil standards for seed certification.

(1) Land, isolation, and field standards for lentil seed certification are:

| Class | Land Minimum Years | Isolation Minimum Feet | Off-type Maximum Plants/acre | Inseparable Other Crop | Noxious Weeds (plants/acre) | | --- | --- | --- | --- | --- | --- | | Foundation | 5 | 25 (a) | None found | None found | (c) | | Registered | 4 | 10 (a) | 10 | 10 plants per acre (b) | (c) | | Certified | 3 | 10 (a) | 20 | 20 plants per acre (b) | (c) |

| (a) | Reduce to three feet from fields producing a Certified class of the same variety. In addition, each lentil field for certification must be isolated by three feet from small grain fields. To prevent mechanical field mixing of swathed lentil seed crop, the planting of small grain between lentil fields, except for three feet of isolation, is recommended. | | --- | --- | | (b) | Refers to small grains and vetch, each. | | (c) | Prohibited, restricted, and other weeds difficult to separate must be controlled. |

(2) Seed certification standards for lentil are:

| Class | Off-type Maximum Seeds/lb | Pure Seed Minimum % | Inert Maximum % | Other Crop Maximum % | Weed Maximum % | Germination Minimum % | | --- | --- | --- | --- | --- | --- | --- | | Foundation | None found | 99.00 (a) | 1.00 (a) | None found | None found | 85.00 | | Registered | 1 | 99.00 (a) | 1.00 (a) | 0.05 (b) | 0.05 (b), (c) | 85.00 | | Certified | 4 | 99.00 (a) | 1.00 (a) | 0.10 (b) | 0.05 (c) | 85.00 |

| (a) | A total of three percent inert matter is allowed in samples containing decorticated seed provided total of all other inert matter does not exceed one percent. | | --- | --- | | (b) | No vetch is permitted. | | (c) | Objectionable weed seed maximum: 1 seed per lb. Registered class, 2 seeds per lb. Certified class. |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-665, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and chapter 34.05 RCW. WSR 18-10-055, § 16-302-665, filed 4/27/18, effective 5/28/18. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-665, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-665, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-670 Soybean standards for seed certification.

(1) The land, isolation, and field standards for soybean seed certification are:

| field standards | | | | | | --- | --- | --- | --- | --- | | class | land standards minimum years | isolation standards minimum feet | off-type maximum % | other maximum no. | | Foundation | 1* | 3 | .01 | — | | Registered | 1* | 3 | .10 | — | | Certified | 1* | 3 | 0.20 | — |

| * | Waived if the previous crop was grown from an equal or higher Certified class of seed of the same variety. | | --- | --- |

(2) Seed standards for soybean certification are:

| class | off-type maximum % | pure seed minimum % | inert maximum % | other crop maximum seeds/lb | weed maximum seeds/lb | germination minimum % | | --- | --- | --- | --- | --- | --- | --- | | Foundation | 0.10 | 98.00 | 2.00 | None found | None found | 85.00 | | Registered | 0.20 | 98.00 | 2.00 | None found | 1 | 85.00 | | Certified | 0.20 | 98.00 | 2.00 | 1 per 2 lb. | 2 | 85.00 |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-670, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-670, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-675 Hybrid sorghum standards for seed certification.

(1) Land, isolation, and field standards for hybrid sorghum seed certification are:

| Field Standards | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Class (**) | Land Standards Minimum Years (b) | Isolation Standards Minimum Feet | Pollen Shedding By Seed Parent Maximum At Any One Inspection | Other Varieties And/Or Off-Type (a) | | | | Doubtful | Definite | | | | | | | Foundation | 1 | | 990 | 1:3,000 | 1:50,000 | 1:20,000 | | Certified | 1 | | 660 | 1:1,500 | 1:20,000 | 1:1,000 |

| (**) | Pollinator Lines: B = Maintainer, R = Restorer | | --- | --- |

(2) Seed standards for hybrid sorghum seed certification are:

| Class | Off-Type Max. Seeds/lb. | Pure Seed Min. % | Inert Max. % | Other Crop Max. Seeds/lb. | Weed Max. % | Germination Min. % | | --- | --- | --- | --- | --- | --- | --- | | Foundation | 2 | 98.00 | 2.00 | 2 | 0.10 | 85.00 | | Certified | 10 | 98.00 | 2.00 | 10 | 0.10 | 85.00 |

| (**) | Pollinator Lines: B = Maintainer, R = Restorer | | --- | --- |

(a) If off-type plants are found at the time of inspection, all seed heads within a radius of five feet of these plants must be removed from the field before the field is approved.

(b) Hybrid sorghum is not eligible for certification if planted on land that grew sorghum the previous year unless:

(i) The preceding sorghum crop is the same variety and is inspected and approved for the same or higher certification classification; or

(ii) The preceding sorghum crop is a variety which differs substantially in plant growth characteristics from the variety planted. However, grain type sorghum or sweet sorghum is not eligible for certification if planted on land that grew grass type sorghum the previous year.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-675, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-675, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-680 Open pollinated sorghum standards for seed certification.

(1) Land, isolation and field standards for open pollinated sorghum seed certification are:

| field standards (c) | | | | | | --- | --- | --- | --- | --- | | class | land standards minimum years | isolation standards minimum feet | off-type maximum ratio | other crop maximum no standard | | Foundation | 1 (a) | 1,000 (b) | None found | NS | | Registered | 1 (a) | 1,000 (b) | 1 head/50,000 | NS | | Certified | 1 (a) | 1,000 (b) | 1 head/20,000 | NS |

| (a) | Waived if the previous crop was grown from an equal or higher Certified class of seed of the same variety. | | --- | --- | | (b) | Refers to fields of other varieties or same variety which does not meet tolerance of off-types. | | (c) | Other tolerances for field standards: |

| Class | johnsongrass maximum | head smut maximum | kernel smut maximum | | --- | --- | --- | --- | | Foundation | None found | None found | None found | | Registered | None found | None found | None found | | Certified | None found | 1 head/10,000 | 1 head/2,500 |

(2) Seed standards for open pollinated sorghum seed certification are:

| class | off-type maximum % | pure seed minimum % | inert maximum % | other crop maximum % | weed maximum % | germination minimum % | | --- | --- | --- | --- | --- | --- | --- | | Foundation | None found | 97.00 | 3.00 (b) | None found | 0.10 | 80.00 | | Registered | None found | 97.00 | 3.00 (b) | 0.03 | 0.10 | 80.00 | | Certified | 0.01 (a) | 97.00 | 3.00 (b) | 0.07 (c) | 0.10 | 80.00 |

| (a) | Or two seeds per pound. | | --- | --- | | (b) | Where two percent or more is cracked. | | (c) | Or 10 seeds per pound. |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-680, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-680, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-680, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 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:

land, isolation, and field standards

| class | land standards minimum years | isolation standards minimum feet | off-type maximum head ratio | other crop maximum head ratio | wild oat maximum plants/acre | | --- | --- | --- | --- | --- | --- | | Foundation | 2 (a) | 50 same genus (b) 3 different genus | None found | None found (c), (d) | None found | | Registered | 1 (a) | 10 same genus 3 different genus (b) | 1/148,000 | 1/148,000 (c) | 5 | | Certified | 1 (a) | 10 same genus 3 different genus (b) | 1/49,000 | 1/49,000 (c) | 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 660 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 300 feet from other triticale, rye and wheat fields for Foundation and Registered class, and 10 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 and CoAXium varieties: For all classes - Each lot must pass bioassay or PCR as defined by the trait owner.

| Class | Foundation | Registered | Certified | | --- | --- | --- | --- | | Pure seed % (minimum) | 98.00 | 98.00 | 98.00 | | Inert % (maximum) | 2.00 | 2.00 | 2.00 | | Off-type (a) % (maximum) | None found | 2/lb | 4/lb | | Other small grain excluding triticale and rye (a) (maximum) | None found | 2/lb | 3/lb | | Triticale allowed in wheat and rye | None found | None found | 1/1000 grams | | Triticale allowed in oats and barley | None found | None found | 1/lb | | Other crop (b) % (maximum) | None found | 0.03 | 0.05 | | Weed seed % (maximum) | 0.01 | 0.01 | 0.03 | | Objectionable weed seed (c) (maximum) | None found | None found | None found | | Wild oat (maximum) | None found | None found | 1/lb | | Viability (e) % (minimum) | 85.00 | 85.00 | 85.00 |

| (a) | The combination of other small grain and off-type must not exceed two per pound (2/lb) for Registered class, and four per pound (4/lb) for Certified class. The tolerance for rye is none found in barley, oat, triticale, or wheat. | | --- | --- | | (b) | Excluding off-type and other small grain. No vetch is allowed in small grain seed. | | (c) | Excluding wild oat. | | (d) | 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. |

| 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. For Foundation class, noxious weed, vetch, off-type, and other small grain determinations are based on 1000 grams examined. | | --- | --- |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-685, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-685, filed 10/4/21, effective 11/4/21. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-685, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 10-24-102, § 16-302-685, filed 12/1/10, effective 1/1/11
WSR 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. WSR 04-06-018, § 16-302-685, filed 2/23/04, effective 3/25/04. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 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. WSR 00-24-077, § 16-302-685, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-690 Chickpea standards for seed certification.

(1) Land, isolation, and field standards for chickpea seed certification are:

FIELD STANDARDS

| Class | Land Standards Minimum Years (a) | Isolation Standards Minimum Feet (b) | Off-type (plants/acre) | Inseparable Other Crop | Noxious (c) Weeds (plants/acre) | Pods with Ascochyta Blight (d) | | --- | --- | --- | --- | --- | --- | --- | | Foundation | 2 | 25 | None found | None found | (c) | None found | | Registered | 1 | 10 | 5 | None found | (c) | None found | | Certified | 1 | 10 | 10 | None found | (c) | 10 plants/acre |

| (a) | Waived if the previous crop is grown and passes certification field standards of equal or higher Certified class of seed of the same variety. | | --- | --- | | (b) | Reduce to three feet from fields producing the same variety. In addition, each chickpea field for certification must be isolated by three feet from small grain fields. To prevent mechanical field mixing of swathed chickpea seed crop, the planting of small grain between fields, except for three feet of isolation, is recommended. | | (c) | Prohibited, restricted, and other weeds difficult to separate must be controlled. | | (d) | If an EPA-approved product for control of Ascochyta rabiei (ascochyta blight) was applied according to labeled rate during the growth cycle, and followed by additional application(s) if infection is found at field inspection, there is no standard to apply in Certified class fields. |

(2) Seed standards for chickpea seed certification are:

SEED STANDARDS

| Class (a) | Pure seed % | Inert % | Other Crop | Weed Seed | Germination % | | --- | --- | --- | --- | --- | --- | | Foundation | 99.00 | 1 | None found | None found | 85.00 | | Registered | 99.00 | 1 | None found | None found | 85.00 | | Certified | 99.00 | 1 | 2 seeds/lb (b) | 2 seeds/lb (c) | 85.00 |

| (a) | All classes must be treated with a fungicide Registered to control ascochyta blight at the labeled rate. A seed treatment waiver can be obtained if no ascochyta blight was observed at field inspection. This is an allowance for seed intended for organic markets and/or research. | | --- | --- | | (b) | None found for Austrian pea, rye, or vetch. | | (c) | None found for nightshade berries or prohibited noxious weed seeds. |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-690, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-690, filed 10/4/21, effective 11/4/21. Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and chapter 34.05 RCW. WSR 18-10-055, § 16-302-690, filed 4/27/18, effective 5/28/18. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-690, filed 9/25/14, effective 10/26/14. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-690, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-695 Open pollinated millet standards for seed certification.

(1) Land, isolation and field standards for open pollinated millet seed certification are:

| field STANDARDS | | | | | | --- | --- | --- | --- | --- | | class | land standards minimum years | isolation minimum feet | off-type maximum | other crop maximum | | Foundation | 1* | 1,320 | 1:3,000 | None found | | Registered | 1* | 1,320 | 1:2,000 | 1:30,000 | | Certified | 1* | 660 | 1:1,000 | 1:10,000 |

| * | Waived if the previous crop was the same variety and equal or higher class of Certified seed. | | --- | --- |

(2) Seed certification standards for open pollinated millet seed are:

| class | off-type maximum seeds/lb | pure seed minimum % | inert maximum % | other crop maximum seeds/lb | weed maximum % | germination minimum % | | --- | --- | --- | --- | --- | --- | --- | | Foundation | 0.5 | 99.00 | 1.00 | 0.5 | 0.05 | 85.00 | | Registered | 1 | 99.00 | 1.00 | 1 | 0.05 | 85.00 | | Certified | 3 | 99.00 | 1.00 | 3 | 0.10 | 85.00 |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-695, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-695, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-700 Buckwheat standards for seed certification.

(1) Land, isolation, and field standards for buckwheat seed certification are:

| field STANDARDS | | | | | | --- | --- | --- | --- | --- | | class | land STANDARDS minimum years | isolation minimum feet | field off-type maximum | other crop maximum | | Foundation | 2* | 2,640 | 1:10,000 | None found | | Registered | 1* | 1,320 | 1:5,000 | 1:30,000 | | Certified | 1* | 660 | 1:2,000 | 1:10,000 |

| | * Waived if previous crop was the same variety and equal or higher class of Certified seed. | | --- | --- |

(2) Seed standards for buckwheat seed certification are:

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-700, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 00-24-077, § 16-302-700, filed 12/4/00, effective 1/4/01.

Wash. Admin. Code § 16-302-705 Quinoa standards for seed certification.

(1) Land, isolation, and field standards for quinoa seed certification are:

| CLASS | LAND STANDARDS MINIMUM YEARS | ISOLATION STANDARDS MINIMUM FEET/PLANTS PER ACRE | OFF-TYPE MAXIMUM HEAD RATIO (B) | INSEPARABLE OTHER CROP MAXIMUM | | --- | --- | --- | --- | --- | | Foundation | (i) | 100 ft 10 plants/acre | 10:10,000 | 10:10,000 | | Registered | (i) | 100 ft 10 plants/acre | 15:10,000 | 15:10,000 | | Certified | (i) | 100 ft 10 plants/acre | 20:10,000 | 20:10,000 |

| (i) | Quinoa shall be grown on land on which the preceding crop was another kind or was planted with Certified seed of the same variety. | | --- | --- |

(a) Fields or portions of fields producing different varieties or classes of Certified seed must be isolated by a minimum of 100 ft from each other.

(b) Other Chenopodium sp. (Chenopodium album, C. berlandieri, C. murale, and related) should be controlled within 100 ft and not exceed 10 plants per acre of production.

(2) Seed standards for quinoa seed certification are:

| Purity | Foundation | Registered | Certified | | --- | --- | --- | --- | | Pure seed (minimum) | 98.00% | 98.00% | 98.00% | | Inert matter (maximum) | 2.00% | 2.00% | 2.00% | | Other crops (maximum) | 0.10% | 0.20% | 0.30% | | Other varieties (maximum) | 0.05% | 0.05% | 0.10% | | Weed seeds (maximum) | 0.25% | 0.25% | 0.50% | | Noxious weed seed | None found | None found | None found | | Germination (minimum) | 85.00% | 85.00% | 85.00% |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-705, filed 4/9/25, effective 5/10/25.

Wash. Admin. Code § 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 16-302-756 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.

History

Statutory Authority: RCW 15.49.005, 15.49.310, 15.49.370 (3), (4), and chapter 34.05 RCW. WSR 15-12-109, § 16-302-740, filed 6/3/15, effective 7/4/15. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-740, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 08-23-055, § 16-302-740, filed 11/14/08, effective 12/15/08.

Wash. Admin. Code § 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, the seed lot must meet field and seed certification standards as defined in WAC 16-302-330 through 16-302-385.

(2) For 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.

History

Statutory Authority: RCW 15.49.005, 15.49.310, 15.49.370 (3), (4), and chapter 34.05 RCW. WSR 15-12-109, § 16-302-745, filed 6/3/15, effective 7/4/15. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 08-23-055, § 16-302-745, filed 11/14/08, effective 12/15/08.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 15.49.005, 15.49.310, 15.49.370 (3), (4), and chapter 34.05 RCW. WSR 15-12-109, § 16-302-750, filed 6/3/15, effective 7/4/15. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 08-23-055, § 16-302-750, filed 11/14/08, effective 12/15/08.

Wash. Admin. Code § 16-302-755 Standards for quality timothy seed.

(1) Seed standards for quality timothy grass seed are as follows:

| | Minimum % Purity | Minimum % Viability by Germination or TZ Test | Maximum % Other Crop (a) | Maximum % Weed (b) | | --- | --- | --- | --- | --- | | Timothy seed | 97.00 | 85.00 | 0.20 | 0.02 | | Purity component percentages are based on 1 gram sample size. | | | | |

| (a) | Must be free of ryegrass, orchardgrass, Agrostis sp., Poa sp., brome, reed canarygrass, tall fescue, and meadow foxtail. | | --- | --- | | | Must be free of the above listed contaminants based upon a 50 gram examination. | | (b) | Must be free of alfilaria (redstem filaree), Bromus sp., chickweed including all other species in the Caryophyllaceae family, henbit, Poa sp., wild carrot, prohibited noxious weeds listed in WAC 16-301-045, and restricted noxious weeds listed in WAC 16-301-050. | | | Must be free of the above listed contaminants based upon a 50 gram examination. |

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

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

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-755, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.310, 15.49.370 (3), (4), and chapter 34.05 RCW. WSR 15-12-109, § 16-302-755, filed 6/3/15, effective 7/4/15. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-755, filed 9/25/14, effective 10/26/14. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 10-20-149, § 16-302-755, filed 10/6/10, effective 11/6/10
WSR 08-23-055, § 16-302-755, filed 11/14/08, effective 12/15/08.

Wash. Admin. Code § 16-302-756 Standards for quality orchardgrass seed.

(1) Seed standards for quality orchardgrass seed are as follows:

| | Minimum % Purity | Minimum % Viability by Germination or TZ Test | Maximum % Other Crop (a) | Maximum % Weed (b) | | --- | --- | --- | --- | --- | | Orchardgrass seed | 90.00 | 85.00 | 0.20 | 0.02 | | Purity component percentages are based on 3 gram sample size. | | | | |

| (a) | Must be free of ryegrass, timothy, Agrostis sp., Poa sp., brome, reed canarygrass, tall fescue, and meadow foxtail. | | --- | --- | | | Must be free of the above listed contaminants based upon a 50 gram examination. | | (b) | Must be free of alfilaria (redstem filaree), Bromus sp., chickweed including all other species in the Caryophyllaceae family, henbit, Poa sp., wild carrot, prohibited noxious weeds listed in WAC 16-301-045, and restricted noxious weeds listed in WAC 16-301-050. | | | Must be free of the above listed contaminants based upon a 50 gram examination. |

(2) A quality 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.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-756, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.310, 15.49.370 (3), (4), and chapter 34.05 RCW. WSR 15-12-109, § 16-302-756, filed 6/3/15, effective 7/4/15.

Wash. Admin. Code § 16-302-760 Standards for hybrid canola and hybrid rapeseed.

(1) The general seed certification definitions and standards in this chapter are basic and together with this section through WAC 16-302-785 constitute the standards for hybrid canola and hybrid rapeseed.

(2) The fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-760, filed 9/25/14, effective 10/26/14.

Wash. Admin. Code § 16-302-765 Definitions specific to hybrid canola or hybrid rapeseed.

"A line" means the line or population that is male sterile.

"B line" means the male fertile line or population capable of maintaining male sterility.

"Canola and rapeseed" means the spring and winter varieties of Brassica napus, Brassica rapa and canola quality Brassica juncea.

"Commercial hybrid" means a hybrid that is one that is planted for any use except seed production.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-765, filed 9/25/14, effective 10/26/14.

Wash. Admin. Code § 16-302-770 Seed requirements and designation of classes of seed for hybrid canola or hybrid rapeseed.

(1) Breeder or foundation seed must be used to establish all fields of hybrid canola or hybrid rapeseed for certification. The direction of the cross must remain unchanged throughout the certification program unless adequate data is provided to show that no change in variety performance results from the reversal of parentage.

(2) Only the certified class is recognized in the production of commercial hybrid seed.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-770, filed 9/25/14, effective 10/26/14.

Wash. Admin. Code § 16-302-775 Land requirements for the production of hybrid canola or hybrid rapeseed.

(1) Fields producing foundation class must not be planted on land that had produced any cruciferous crops in the preceding five years.

(2) Fields producing certified class must not be planted on land that had produced any cruciferous crops in the preceding three years.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-775, filed 9/25/14, effective 10/26/14.

Wash. Admin. Code § 16-302-780 Field standards for the production of hybrid canola or hybrid rapeseed.

(1) All hybrid fields must be inspected at the time of stem elongation and a second inspection must occur at the early flowering stage. The certifying agency may require additional inspections to address conditions including, but not limited to, pollen shedding plants in the A line, bloom timing of the A and B lines, and removal of B lines.

(2) All hybrid canola or hybrid rapeseed fields must be isolated from other canola or rapeseed crops by a minimum of one-half mile except for fields located within the Columbia Basin irrigation project must be isolated from other canola or rapeseed crops by two miles. Isolation is not required for fields that are the same hybrid utilizing the B lines.

(3) Fields must be planted in distinct rows with the A line and B line clearly delineated.

(4) Fields must be free from prohibited noxious weeds as listed in WAC 16-302-100 and free from Galium sp.

(5) Maximum plants of other varieties or crop kinds per 10,000 plants. This factor is based on a 60,000 plant count (six replicates of 10,000 plants).

| Maximum plants of other varieties including off-types and A-line pollen shedders. | Maximum plants of other Brassica crop or weed species. | | --- | --- | | 1.5:10,000 | 1:10,000 |

(6) Percent hybrid shall not be less than 80 percent.

(7) Fields cut or swathed prior to inspection are not eligible for certification.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-780, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-780, filed 9/25/14, effective 10/26/14.

Wash. Admin. Code § 16-302-785 Seed standards for hybrid canola or hybrid rapeseed.

Seed standards for production of hybrid canola or hybrid rapeseed are as follows:

| Purity | Foundation | Certified | | --- | --- | --- | | Pure seed, minimum % (a) | 99.00 | 99.00 | | Other crops, maximum % | 0.01 | 0.25 | | Inert matter, maximum % | 1.00 | 1.00 | | Weed seed, maximum % | 0.01 | 0.25 | | Objectionable noxious weed % (b) | None found | 18/lb | | Prohibited noxious weeds % | None found | None found | | Germination % | 85.00 | 85.00 |

| (a) | Percent hybrid seed shall be determined by a method approved by the department. | | --- | --- | | (b) | Objectionable noxious weeds are as defined in WAC 16-302-105 plus: Brassica nigra, Sinapis arvensis, Brassica juncea, and Raphanus raphanistrum. |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-785, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-785, filed 9/25/14, effective 10/26/14.

Wash. Admin. Code § 16-302-790 Standards for sunflower seed production.

(1) The general seed certification definitions and standards in this chapter are basic and together with this section through WAC 16-302-815 constitute the standards for sunflower seed.

(2) The fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-790, filed 9/25/14, effective 10/26/14.

Wash. Admin. Code § 16-302-795 Definition of terms specific to sunflower seed production.

"Breeder seed" means seed for hybrid production that is seed of male sterile, maintainer, and restorer lines maintained by the breeder.

"Commercial hybrid" means seed that is planted for any use except seed production utilizing hybrid seed.

"Foundation seed" means seed for hybrid production that is seed of male sterile, maintainer, and restorer lines produced from breeder or foundation seed.

"Hybrid seed" means seed that is the first generation of seed of a cross produced by controlling the pollination and by combining two or more lines, varieties, or species.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-795, filed 9/25/14, effective 10/26/14.

Wash. Admin. Code § 16-302-800 Land requirements for sunflower seed production.

Land to produce any class of sunflower seed must not have grown sunflowers the previous three years or the land must have grown two intervening irrigated crops.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-800, filed 9/25/14, effective 10/26/14.

Wash. Admin. Code § 16-302-805 Isolation requirements for sunflower seed production.

Fields of all classes of hybrid or open pollinated sunflowers must be isolated from all other sunflower fields, noncertified sunflower production including home garden plantings, and all wild-type sunflowers by a distance of one and one-fourth miles except for fields within the Columbia Basin irrigation project which must be isolated from the above by two miles. Isolation is not required for fields utilizing the same restorer line.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-805, filed 9/25/14, effective 10/26/14.

Wash. Admin. Code § 16-302-810 Field tolerances and requirements for sunflower seed production.

(1) Only Breeder or Foundation seed may be used to establish a hybrid field to produce Certified seed.

(2) For hybrid varieties the certified generation produced from Breeder or Foundation seed produces a commercial hybrid and is not eligible for further certification.

(3) For open pollinated sunflower varieties, one field inspection must be made after 50 percent of the plants are in bloom but before the plants are fully mature.

(4) For hybrid sunflower varieties at least two inspections must be made. The first inspection is during the very early bloom stage and the second inspection is during the full bloom stage.

(5) For hybrid sunflower varieties, at least 50 percent of the male parent plants must be flowering and producing pollen when the female parent is in full bloom.

(6) Fields must be free of prohibited noxious weeds listed in WAC 16-302-100. Objectionable weeds listed in WAC 16-302-105 and common weeds difficult to separate must be controlled.

(7) Different sunflower varieties cannot always be differentiated at field inspection. When differences can be distinguished, the maximum of other varieties of off-types allowed is:

| Off-types | Open pollinated varieties | Female seed parent | Pollinating parent | | | --- | --- | --- | --- | --- | | Foundation | Certified | | | | | Other than pollen shedding female plants | - | 1:2,000 | 1:2,000 | 1:2,000 | | Pollen shedding female plant | - | 1:1,000 | 4:1,000 | - | | Total (including above) | 5:1,000 | 1:1,000 | 4:1,000 | 1:2,000 |

(8)(a) Percent hybridity shall not be less than 75 percent. If the field inspection shows one or more of the following, the applicant may request that seed certification be based on the results of a precertification grow-out test approved by the department:

(i) Inadequate isolation;

(ii) Too few male parent plants shedding pollen when female parent plants are receptive; or

(iii) Excess off-types not to include wild-types.

(b) At least 2,000 plants must be observed and meet the standards in the table below before hybrid and inbred seed can be certified from fields with problems listed in (a) of this subsection.

| | Maximum % Permitted | | | --- | --- | --- | | Purity | Hybrid | Inbred | | Sterile plant | 5.00 | ----- | | Sterile or fertile plants | ----- | 5.00 | | Morphological off-types | 0.50 | 0.50 | | Wild types | 0.20 | 0.20 | | Total (including above types) | 5.00 | 5.00 |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-810, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-810, filed 9/25/14, effective 10/26/14.

Wash. Admin. Code § 16-302-815 Seed standards for sunflower seed production.

(1) Samples submitted for certification must be a minimum of 1,000 grams.

(2) Seed standards for sunflowers are as follows:

| Purity | Foundation | Registered | Certified | | --- | --- | --- | --- | | Pure seed - Minimum % | 98.00 | 98.00 | 98.00 | | Inter matter - Maximum % | 2.00 | 2.00 | 2.00 | | Other varieties* - Maximum | 1 seed/lb. | 1 seed/lb. | 6 seeds/lb. of which may not consist of more than 1 purple or white seed | | Other crop seed - Maximum | 1 seed/lb. | 1 seed/lb. | 6 seeds/lb. | | Corn or castor bean seed | None found | None found | None found | | Weed seed - Maximum % | None found | None found | 0.10 | | Germination - Minimum % | 85.00 | 85.00 | 85.00 |

| * | Varietal differentiation cannot always be distinguished in a seed sample. When varietal differences are evident this standard applies. | | --- | --- |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-815, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-815, filed 9/25/14, effective 10/26/14.

Wash. Admin. Code § 16-302-820 Standards for camelina seed production.

(1) The general seed certification definitions and standards in this chapter are basic and together with this section through WAC 16-302-835 constitute the standards for camelina seed.

(2) The fees for seed certification are assessed by the certifying agency as established in chapter 16-303 WAC.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-820, filed 9/25/14, effective 10/26/14.

Wash. Admin. Code § 16-302-825 Land requirements for camelina seed production.

Camelina shall be planted on land on which the previous crop was another kind, or was planted with a foundation or registered class of seed of the same variety.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-825, filed 9/25/14, effective 10/26/14.

Wash. Admin. Code § 16-302-830 Field requirements for camelina seed production.

(1) Isolation - A field producing any class of Certified seed must be at least 50 feet from any other variety or fields of the same variety that do not meet the varietal purity requirement for certification.

(2) Poor stands, poor vigor, lack of uniformity, excess weeds, or conditions which are apt to make inspection inaccurate or bring Certified seed into disfavor shall be cause for rejection. Conditions such as poor stands, excessive weeds, or insect damage that prevent varietal determination may be cause for rejection.

Fields must be free of prickly lettuce, fanweed, and shepherds purse.

(3) Fields will be inspected at full bloom. Fields swathed prior to inspection are not eligible for certification.

(4) Field standards are as follows:

| | Maximum permitted in each class | | | | --- | --- | --- | --- | | Purity | Foundation | Registered | Certified | | Other varieties* | 1:5000 | 1:2000 | 1:1000 | | Other inseparable crops | None found | 0.05% | 0.10% |

| * | Other varieties shall be considered to include plants that can be differentiated from the variety being inspected. However, other varieties shall not include variations which are characteristic of the variety being tested. | | --- | --- |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-830, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-830, filed 9/25/14, effective 10/26/14.

Wash. Admin. Code § 16-302-835 Seed standards for camelina seed production.

The following are the seed standards for camelina seed production:

| | Standards permitted in each class | | | | --- | --- | --- | --- | | Purity | Foundation | Registered | Certified | | Pure seed (minimum)% | 98.00 | 98.00 | 98.00 | | Other crop (maximum)% | 0.10 | 0.20 | 0.30 | | Inert matter (maximum)% | 2.00 | 2.00 | 2.00 | | Weed seed (maximum)% | 0.05 | 0.05 | 0.05 | | Objectionable weeds | None found | None found | None found | | Germination (minimum)%* | 85.00 | 85.00 | 85.00 |

| * | A tetrazolium test may be used in lieu of a germination test for certification. | | --- | --- |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, 15.140.030, and chapter 15.49 RCW. WSR 25-09-035, s 16-302-835, filed 4/9/25, effective 5/10/25. Statutory Authority: RCW 15.49.005, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 15-12-110, § 16-302-835, filed 6/3/15, effective 7/4/15. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 14-20-050, § 16-302-835, filed 9/25/14, effective 10/26/14.

Wash. Admin. Code § 16-302-840 Hemp (Cannabis sativa L. subsp. sativa) certification standards.

(1) The general requirements for seed certification found in WAC 16-302-005 through 16-302-130 of the genetic and crop standards apply to (are basic) all crops, and together with the following specific standards, constitute the certified hemp standards.

(2) The genetic and crop standards are modified as follows:

(a) All production of hemp crops are subject to license application approval under the department's hemp licensing rules adopted under chapter 15.140 RCW.

(b) Only varieties of hemp approved by the association of official seed certifying agencies shall be eligible for certification.

(c) The allowable area of hemp production may be determined by the department under the terms of rules adopted under chapter 15.140 RCW.

(d) Growers are required to obtain tetrahydrocannabinol (THC) test results as required by chapter 16-306 WAC.

(e) Fees for seed certification are assessed as established in chapter 16-303 WAC.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-840, filed 10/4/21, effective 11/4/21. Statutory Authority: RCW 15.120.030(3), 15.49.021, 15.49.310, and chapter 34.05 RCW. WSR 17-08-090, § 16-302-840, filed 4/5/17, effective 5/6/17.

Wash. Admin. Code § 16-302-845 Definitions specific to hemp certification standards.

"Approved cultivar" means any variety designated as eligible for production by federal or state regulatory authorities.

"Hemp" (Cannabis sativa L. subsp. sativa) includes varieties of these kinds:

(a) Dioecious type: With male and female flowers on separate plants.

(b) Monoecious type: With male and female flowers on the same plant.

| Note: | Although traditionally a crop with a dioecious plant type, many monoecious varieties of hemp (Cannabis sativa L. subsp. sativa) have been developed. Hemp is sexually polymorphic and often produces many different ratios of intersexual plant types that can increase roguing requirements. Variety descriptions normally define these ratios. | | --- | --- |

"Hemp seed production" means a hemp seed production field established with an appropriate generation of certified seed intended to produce a subsequent generation of certified seed.

"THC" means delta-nine (Δ9) tetrahydrocannabinol, which is the component of hemp regulated by federal or state regulatory authorities.

"Variety" means a subdivision of a kind that is distinct, uniform, and stable; "distinct" in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge; "uniform" in the sense that variations in essential and distinctive characteristics are describable; and "stable" in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties.

"Volunteer plant" means an industrial hemp plant that was not intentionally planted and results from a previous crop.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-845, filed 10/4/21, effective 11/4/21. Statutory Authority: RCW 15.120.030(3), 15.49.021, 15.49.310, and chapter 34.05 RCW. WSR 17-08-090, § 16-302-845, filed 4/5/17, effective 5/6/17.

Wash. Admin. Code § 16-302-850 Land requirements for hemp certification standards.

Land requirements for the production of a hemp seed crop are as follows:

(1) Hemp crops for foundation and registered classes must not be grown on land which in any of the preceding three years produced a crop of hemp.

(2) Hemp crops for certified classes must not be grown on land which:

(a) In the preceding year produced a certified crop of the same variety.

(b) In either of the preceding two years produced a noncertified crop of hemp or a different variety of hemp.

(3) Weeds: The presence of broomrape (Orobanche spp.) in hemp crops is cause for declining certified status.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-850, filed 10/4/21, effective 11/4/21. Statutory Authority: RCW 15.120.030(3), 15.49.021, 15.49.310, and chapter 34.05 RCW. WSR 17-08-090, § 16-302-850, filed 4/5/17, effective 5/6/17.

Wash. Admin. Code § 16-302-855 Isolation requirements for hemp certification standards.

(1) The area, density, stage of maturity and location of any contaminating pollen source is an important factor in cross pollinations, and therefore must be noted on the seed crop inspection report for consideration in determining certification status. There shall not be any Cannabis sativa L. plants within 100m (328.08 feet) of the crop and not more than ten plants/ha beyond 100m within the isolation requirement.

(2) The required isolation must be present prior to flowering and crop inspection.

Table 1: Minimum Isolation Distances Required Between Inspected Hemp and Other Crops

| Inspected Crop | Other Crops | Isolation Distance Required (feet) | | --- | --- | --- | | Dioecious type – Foundation | - Different varieties of hemp - Noncertified crop of hemp | 15,748 | | - Lower certified class seed crop of same variety | 6,460 | | | - Same class of certified seed crop of same variety | 10 | | | Dioecious type – Registered | - Different varieties of hemp - Noncertified crop of hemp | 15,748 | | - Seed crop of same variety that meets certified standards for varietal purity | 5,249 | | | - Seed crop of same variety that meets registered standards for varietal purity | 3 | | | Dioecious type – Certified | - Different varieties of hemp - Noncertified hemp | 2,624 | | - Planted with certified seed of the same variety that meets certified standards for varietal purity | 656 | | | - Seed crop of same variety that meets certified standards for varietal purity | 3 | | | Monoecious type – Foundation | - Dioecious variety of hemp - Noncertified crop of hemp | 15,748 | | - Other monoecious varieties - Lower certified class seed crop of same variety | 9,690 | | | - Same class of certified seed of same variety | 16 | | | Monoecious type – Registered | - Dioecious variety of hemp - Noncertified crop of hemp | 15,748 | | - Different varieties of the same type of hemp (monoecious or female hybrid) | 6,460 | | | - Seed crop of same variety that meets certified standards for varietal purity | 3,230 | | | - Seed crop of same variety that meets registered standards for varietal purity | 3 | | | Monoecious type – Certified | - Dioecious variety of hemp - Noncertified crop of hemp | 3,230 | | - Different varieties of the same type of hemp (monoecious or female hybrid) - Planted with certified seed of the same variety that meets certified standards for varietal purity | 656 | | | - Seed crop of same variety that meets certified standards for varietal purity | 3 | |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-855, filed 10/4/21, effective 11/4/21. Statutory Authority: RCW 15.120.030(3), 15.49.021, 15.49.310, and chapter 34.05 RCW. WSR 17-08-090, § 16-302-855, filed 4/5/17, effective 5/6/17.

Wash. Admin. Code § 16-302-860 Field standards for hemp certification.

(1) Crop inspection:

(a) It is the grower's responsibility to ensure that fields are inspected by an authorized inspector at least once prior to swathing or harvesting, except in the case of foundation, registered, and certified monoecious types and unisexual hybrids and foundation dioecious types, in which two inspections are required.

(b) A field that is cut, swathed, or harvested prior to crop inspection is not eligible for certification.

(c) Fields must be inspected at a stage of growth when varietal purity is best determined. Crops not inspected at the proper stage for best determining varietal purity may be cause for declining certified status.

(i) First inspection for all classes of monoecious types must be made just before or at early flowering. First inspection for all classes of dioecious types must be made after flowering when male plants are beginning to senesce.

(ii) Second inspection for all classes of monoecious types, and the foundation class of dioecious types must be made when seeds are well forming.

(iii) Isolation areas will be inspected for volunteer hemp plants on each inspection.

(iv) Excessive weeds or other factors that prevent varietal purity and identity determination shall be cause for the department to reject the affected field for certification purposes.

(v) Fields planted in such a manner that prevents inspector access shall be cause for the department to reject the affected field for certification purposes unless the grower remedies the condition in a timely manner as required by the department.

(2) Impurity standards:

(a) Impurities should be removed prior to crop inspection.

(b) Any combination of impurities may be reason for declining certified status.

(c) Table 2 indicates the maximum number of impurities permitted in approximately ten thousand plants of the inspected crop. The inspector makes at least six counts (ten thousand plants each) or the equivalent to determine the number of impurities. The resulting average of these counts must not exceed the maximum impurity standards in Table 2.

Table 2: Maximum Impurity Standards

| Plot Crop | Maximum Impurity Standards per 10,000 plants in Hemp Seed Crops | | | --- | --- | --- | | Maximum Number of Dioecious Male Plants Shedding Pollen | Maximum Number of Off-Types or Other Varieties | | | Dioecious type - Foundation | – | 3 | | Dioecious type - Registered | – | 10 | | Dioecious type - Certified | – | 20 | | Monoecious type - Foundation | 1 | 3 | | Monoecious type - Registered | 2 | 10 | | Monoecious type - Certified | 100 | 20 |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-860, filed 10/4/21, effective 11/4/21. Statutory Authority: RCW 15.120.030(3), 15.49.021, 15.49.310, and chapter 34.05 RCW. WSR 17-08-090, § 16-302-860, filed 4/5/17, effective 5/6/17.

Wash. Admin. Code § 16-302-865 Seed standards for hemp certification.

Hemp seed standards for each class are as follows:

| | Foundation | Registered | Certified | | --- | --- | --- | --- | | Pure seed (minimum) | 98.00% | 98.00% | 98.00% | | Inert matter (maximum)* | 2.00% | 2.00% | 2.00% | | Weed seed (maximum) | 0.10% | 0.10% | 0.10% | | Total Other crop (maximum) | 0.01% | 0.03% | 0.08% | | Other varieties (maximum) | 0.005% | 0.01% | 0.05% | | Other kinds (maximum)** | 0.01% | 0.03% | 0.07% | | Germination (minimum)*** | 80.00% | 80.00% | 80.00% |

| * | Inert matter shall not include more than 0.5 percent of material other than seed fragments of the variety under consideration. | | --- | --- | | ** | Other kinds shall not exceed 2 per lb. (454 grams) for foundation; 6 per lb for registered; 10 per lb for certified. | | *** | Exclusive of dormancy, firm or hard seed, or any other reference to viability. |

(1) Foundation seed production: Any means of processing or conditioning of seed from a foundation production area which may contaminate the varietal purity of the seed is prohibited.

(2) Area of foundation fields:

(a) When unforeseen circumstances do not permit proper maintenance of the entire field, it is recommended that the area be reduced by destroying part of the field or by isolating a part to meet the requirements of a lower status of certified seed. The remainder of the field must meet the requirements for foundation field production.

(b) The area of a foundation field includes the "walkways" provided within the field to facilitate effective roguing.

(3) Recommended production procedures:

(a) Field planting:

(i) Fields should be planted to facilitate inspection, roguing, and harvesting.

(ii) Fields should be planted in areas easily accessible for frequent maintenance and to provide the maximum protection from outside sources of contamination, such as roadways and building sites.

(iii) Regulations for land requirements are minimum standards and caution is necessary in choosing land, as volunteer growth from previous crops may vary according to local conditions.

(iv) The regulations for isolation are minimum standards. It is always to the grower's advantage to provide more isolation than required. When planting foundation fields, specific requirements may influence the location and size of the field. It is a safeguard if adjacent crops are the same variety as the field and are inspected for certified status.

(b) Roguing:

(i) The field must be thoroughly and intensively rogued many times throughout the crop season.

(ii) Off-type male flowers must be removed before the receptive stage of female flowers in the inspected crop.

(iii) The numbers and kinds of plants removed should be recorded and described on the appropriate forms.

(iv) All male flowers rogued from the crop must be removed from the production area and burial is recommended.

(v) Regrowth of rogued flowers or plants must be prevented.

(i) A seed grower should have access to the necessary equipment for harvesting and cleaning the seed from the field in such a manner as to ensure that the varietal purity of the seed is maintained.

(ii) The seed should be stored, in compliance with federal or state regulations, in a clean, cool, dry area.

(iii) The seed containers should be labeled for identification in compliance with chapter 16-301 WAC.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-865, filed 10/4/21, effective 11/4/21. Statutory Authority: RCW 15.120.030(3), 15.49.021, 15.49.310, and chapter 34.05 RCW. WSR 17-08-090, § 16-302-865, filed 4/5/17, effective 5/6/17.

Wash. Admin. Code § 16-302-870 General standards specific to vegetatively propagated hemp.

The general requirements for seed certification found in WAC 16-302-005 through 16-302-130 of the genetic and crop standards apply to (are basic) all crops, and together with the following specific standards, constitute the certified vegetatively propagated hemp standards.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-870, filed 10/4/21, effective 11/4/21.

Wash. Admin. Code § 16-302-875 Definitions specific to vegetatively propagated hemp.

"Clones" are asexually propagated progeny genetically identical to the stock plant.

"Cuttings" are portions of stems containing leaves which are rooted to produce clones.

"Micropropagation" is the science of plant multiplication in-vitro.

"Structure or field" is the production area enclosed by natural borders such as ditches, tree lines, buildings, roads, or an enclosed growth facility.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-875, filed 10/4/21, effective 11/4/21.

Wash. Admin. Code § 16-302-880 General planting stock certification standards for vegetatively propagated hemp.

The general planting stock certification standards are further defined to apply specifically to hemp planting stocks. Classes and sources of certified planting stocks are:

(1) Breeder plant stock (source seed) is propagation material identified by the breeder, or the breeder's representative. The breeder must also declare and document the way parent lines are selected and how the plant stock is maintained.

(2) Mother plant is a plant produced from a breeder plant stock.

(3) Certified plants are plants produced from mother plants. Certified plants may be used to produce certified stock in the growth facility or D1 daughter stock. Certified plants are propagated as follows:

(a) Mother plants may be cut repeatedly to produce D1 daughter plants. D1 daughter plants are produced by cuttings from mother plants.

(b) D1 daughter plants may be cut repeatedly to produce D2 daughter plants. D2 daughter plants are produced by cuttings from D1 daughter plants.

(c) D2 daughter plants may be cut repeatedly to produce D3 daughter plants. D3 daughter plants are produced by cuttings from D2 daughter plants.

(4) The grower shall retain documentation of the parent being used to generate clones.

(5) All grower records and grower developed best management practices (BMPs) related to the production of hemp clones shall be available for inspection by the certifying agency.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-880, filed 10/4/21, effective 11/4/21.

Wash. Admin. Code § 16-302-885 Production certification standards for vegetatively propagated hemp.

(1) Mother plant production:

(a) All Mother plants are to be inspected by a certifying agency periodically.

(b) Inspection of structures and fields will conform to documented and verifiable production standards listed below.

(2) Growth facilities and field production:

(a) Production requirements for growth facility production:

(i) Facility is to be apparently free of diseases, insects, and other pests.

(ii) Hemp clones are to be handled in such a manner as to prevent co-mingling of varieties or types.

(iii) Facility is to have sufficient physical barriers between growth areas of hemp and other potential contaminating crops prior to flowering and inspection to prevent cross-contamination of type.

(b) Production requirements for open field production:

(i) Field eligibility - Crops should not be grown on land where remnant seed from a previous crop may germinate and produce volunteers that may cause contamination. Crops for mother plants must not be grown on land that produced another crop of hemp within the previous five years. Crops for certified class must not be grown on land that had a hemp crop in the preceding three years.

(ii) Field isolation – Ten feet or an appropriate barrier to alleviate accidental mixing of plants.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-885, filed 10/4/21, effective 11/4/21.

Wash. Admin. Code § 16-302-890 Inspection standards for vegetatively propagated hemp.

(1) Grower responsibility: Maintain certification standards.

(2) Certifying agency responsibility:

(a) The agency will inspect growth facilities and fields and to audit compliance with the grower developed BMPs and their effectiveness.

(b) Mother plants are inspected within seven days before first cutting of daughters for certification.

(3) General requirements: Plant increase standards are described in WAC 16-302-880 (1)(c)(i), (ii), and (iii) (General planting stock certification standards for vegetatively propagated hemp).

(4) General inspection standards of plants:

(a) Apparently free of diseases, insects, and other pests.

(b) True-to-type characteristics.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-890, filed 10/4/21, effective 11/4/21.

Wash. Admin. Code § 16-302-895 General certification standards specific to hemp transplants.

(2) All certified transplants must be grown from a class of certified seed or certified clones. Proof of seed/clone eligibility shall be established by providing either a certified tag/label with invoice showing the lot number and pounds received or documentation of clone propagation under clone standards found in the hemp section of the AOSCA Seed Certification Handbook published in June 2020. This section of the handbook will be provided by the department upon request.

(3) Seed coated or pelleted by nonapproved conditioners will not be eligible for certification.

(4) All containers must be labeled in a manner that maintains the source, identity, and certification eligibility of the transplants. All containers offered for sale must be identified by the official seed certification tag/label. The tag/label must be affixed (stapled, for example) to trays so tags/labels are not misplaced.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-895, filed 10/4/21, effective 11/4/21.

Wash. Admin. Code § 16-302-900 Definitions specific to hemp transplants (Cannabis sativa L. subsp. sativa) certification standards.

"Clones" are asexually propagated progeny genetically identical to the stock plant.

"Plugs" are young plants raised in small, individual cells, intended for transplanting at another production site.

"Seedlings" are plants grown from seeds.

"Transplants" means hemp plants that originate from either seed or clones that are kept in a vegetative state (before flowering) that will be moved to another production site.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-900, filed 10/4/21, effective 11/4/21.

Wash. Admin. Code § 16-302-905 Growth facility, field and transplant standards.

(1) Traditional outdoor plant beds (fields) will be inspected at least two times for phenotypic purity, isolation, general physical condition, and appearance of plants.

(2) Growth facility produced plants shall be inspected at least two times for varietal labeling, phenotypic purity, isolation, general physical condition, and appearance of plants.

(3) Maximum off-type or other variety shall not exceed 0.2%, or 20 in 10,000. Nonconforming plants must be removed and destroyed.

(4) At the time of the final inspection, the number of transplants produced must be verified by agency personnel.

(5) Transplants may be rejected for noncompliance with these standards.

(6) Inspectors may also reject transplants due to unsatisfactory appearance such as any plants that are diseased, insect infestation, or otherwise stressed or any condition which prevents thorough inspection.

(7) Unlabeled or inadequately labeled transplants will be ineligible for certification.

(8) At the final inspection, transplants may be collected for post-control grow outs or other identification verification tests if required by agency.

(9) Certifying agency personnel may conduct additional inspections as necessary to ensure certification standards are met.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-905, filed 10/4/21, effective 11/4/21.

Wash. Admin. Code § 16-302-910 Growth facility isolation standards.

(1) When two or more varieties are being grown in the same greenhouse or traditional outdoor plant bed (field), there must be an eighteen-inch unplanted area between the varieties. The production area, flats, and/or containers for each variety must be clearly labeled in a manner that prevents mixing or misidentification.

(2) Growers must handle transplants throughout the growing, harvesting, and transplant sales in a manner that prevents the accidental or mechanical mixture of containers of different varieties.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-910, filed 10/4/21, effective 11/4/21.

Wash. Admin. Code § 16-302-915 Labeling standards for certified transplants.

All certified transplants offered for sale must be labeled with official certification tags or labels. Each container of transplants must have an agency certification label firmly attached to be sold as certified transplants. Failure to properly label transplants at the time of sale, will revoke the certification status and will result in not being eligible for sale as certified transplants.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-915, filed 10/4/21, effective 11/4/21.

Wash. Admin. Code § 16-302-920 Application of genetic certification standards specific to feminized hemp seed (FHS).

(1) The general requirements for seed certification found in WAC 16-302-005 through 16-302-130 of the genetic and crop standards apply (and are basic) to all crops, and together with the following specific standards, constitute the certified feminized hemp seed standards.

(2) The genetic and crop standards are modified as follows:

(a) To be eligible for seed certification under this standard, hemp varieties must have received favorable action by one or more of the following processes recognized by AOSCA, including:

(i) AOSCA variety review board; or

(ii) Plant variety protection office or breeder rights statements; or

(iii) Any individual AOSCA vested member agency; or

(iv) Acceptance for certification under the OECD seed schemes.

(b) Designation of classes of seed:

(i) Only the certified class is recognized in the production of feminized hemp seed. The foundation class is allowed for the purpose of variety maintenance.

(ii) A feminized seed variety to be certified must be produced from seed or clonal stocks approved by the official certifying agency. These seed and clonal stocks shall consist of female lines and chemically assisted pollen shedding female lines of any class of certified seed or clones.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-920, filed 10/4/21, effective 11/4/21.

Wash. Admin. Code § 16-302-925 Definitions and common terms specific to feminized hemp seed (Cannabis sativa L. subsp. sativa) certification standards.

"Approved cultivar" is any variety designated as eligible for production by federal or local regulatory authorities.

"Dioecious type" means with male and female flowers on separate plants.

"Feminized hemp seed (FHS)" is the progeny of a dioecious female plant that has been pollinated with pollen derived from the same or another dioecious female plant that has been induced to produce pollen. It is a true female plant with XX chromosomes.

"Hemp" is defined by the U.S. Domestic Hemp Production Program as the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis or as otherwise defined by federal law.

"Hermaphroditic plants" are plants exhibiting male and female flowers, not true females.

"Monoecious type" means with male and female flowers on the same plant.

"Pollen parent" means a reversed female plant from the female line or another reversed female line to create a hybrid.

"Reversed female" means female plants that are induced to produce pollen in replacement of true male plants.

"Seed parent" means female plants used to produce feminized hemp seed.

"Sporting male" is a female plant that produces sterile male flowers.

"THC" means delta-nine (Δ9) tetrahydrocannabinol, which is the component of hemp regulated by federal or local regulatory authorities.

"Volunteer plant" is a hemp plant that was not intentionally planted and is the result from a previous crop.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-925, filed 10/4/21, effective 11/4/21.

Wash. Admin. Code § 16-302-930 Growth facility and land requirements specific to feminized hemp seed (Cannabis sativa L. subsp. sativa) certification standards.

(1) Growth facility must only contain certified hemp production. Multiple FHS varieties may be present but no other hemp plants are allowed except for pollen parent plants that are the pollen source.

(2) Growth facility must be free of all plants for a minimum of six weeks prior to receiving plants at the beginning of the crop year or production season unless the previous crop was the same variety. If sanitation is used to reduce the hemp free period, a sanitation plan must be submitted to the certifying agency. Pollen sanitation is not required if the entire greenhouse facility produces only one pollen source and other female lines are continually rogued to prevent contaminating pollen sources.

(3) Certified feminized hemp seed crops must not be grown on land which:

(a) In either of the preceding two years produced a noncertified crop of hemp or a different variety of hemp.

(b) In the preceding year produced a certified crop of a different variety.

(4) Weeds:

(a) The presence of broomrape (Orobanche spp.) in hemp crops is cause for rejection.

(b) Excessive weeds obscuring field inspection shall be grounds for rejection.

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-930, filed 10/4/21, effective 11/4/21.

Wash. Admin. Code § 16-302-935 Growth facility and field standards specific to feminized hemp seed (Cannabis sativa L. subsp. sativa) certification standards.

(1) Crop inspection:

(a) It is the grower's responsibility to ensure that growth facility and field inspections are conducted by the authorized inspector at least twice prior to swathing or harvesting.

(b) A growth facility or field that is cut, swathed, or harvested prior to crop inspection is not eligible for certification.

(c) Inspections of pollen parent plants and seed parent plants must be at a stage of growth when varietal purity is best determined. Crops not inspected at the proper stage for best determining varietal purity may be cause for rejection. A minimum of two inspections are required.

(i) First inspection for pollen parent and seed parent plants must be made just before or at early flowering. The pollen parent must be inspected prior to pollen collection or dispersal.

(ii) Second inspection for pollen parent and seed parent types must be completed after pollen shed and seed fill.

(iii) Isolation areas will be inspected for any volunteer hemp plants on each inspection.

(2) Specific: For the production of FHS varieties via pollen shedding by the chemically reversed female plants:

(a) Detailed records shall be created and maintained on the pollen parent, such as the chemical application dates, concentration, and the pollen collection date.

(b) Pollen storage containers (if used) must be marked with lot number and source.

(d) Male, sporting male, and hermaphroditic plants must be removed from the growth facility or field and a record of roguing activities must be maintained.

(3) Isolation:

(a) Certified feminized hemp seed fields must be isolated from all other contaminating pollen sources by the distances provided in Table 1. Roguing to eliminate all possible contaminating pollen must be accomplished prior to visible flower formation.

(b) Greenhouse production of certified feminized seed is allowed if mechanical isolation of pollen sources is provided. Additional greenhouse requirements include:

(i) Method of pollen exclusion must be documented and submitted to the certifying agency.

(ii) Each greenhouse facility is limited to one variety or multiple varieties when one pollen parent is utilized for all varieties.

(iii) Each variety must be clearly labeled and easily identifiable from one another.

Table 1: Minimum Isolation Distances Required Between Inspected Hemp and Other Crops

| Inspected Crop | Other Hemp Crops | Isolation Distance Required (feet) | | --- | --- | --- | | Feminized hemp seed | - Variety of hemp, or other contaminating pollen source that has pollen shedders present, this includes other greenhouse complexes - Noncertified crop of hemp - Different varieties of the same type of hemp with no male shedders present in field that is not for seed production - Planted with certified seed of the same variety that meets certified standards for varietal purity and no male shedders present in field | 15,748 | | - Certified seed crop of the same variety that meets certified standards for varietal purity | 3 | |

(4) Impurity standards:

(a) Impurities should be removed prior to crop inspection.

(b) Any combination of impurities may be reason for declining certified status.

(c) Table 2 indicates the maximum number of impurities permitted in approximately ten thousand plants of the inspected crop. The inspector makes at least six counts of a total of at least ten thousand plants to determine the number of impurities. The resulting average of these counts must not exceed the maximum impurity standards in Table 2.

Table 2

| Inspected Crop | Maximum Impurity Standards per 10,000 plants in Hemp Seed Crops | | | --- | --- | --- | | | Maximum Number of Plants Shedding Pollen | Maximum Number of Off-Types or Other Varieties | | Feminized hemp seed | 0 | 20 |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-935, filed 10/4/21, effective 11/4/21.

Wash. Admin. Code § 16-302-940 Seed standards for feminized hemp seed (Cannabis sativa L. subsp. sativa) certification standards.

Feminized Hemp Seed Standards

Standards for Each Class

| Factor | Foundation | Certified | | --- | --- | --- | | Pure seed (minimum) | 98.00% | 98.00% | | Inert matter (maximum)* | 2.00% | 2.00% | | Weed seed (maximum) | 0.10% | 0.10% | | Total other crop (maximum) | 0.01% | 0.08% | | Other varieties (maximum) | 0.005% | 0.05% | | Other kinds (maximum)** | 0.01% | 0.07% | | Germination (minimum)*** | 80.00% | 80.00% | | Feminized Seed*** | 99.00% | 99.00% |

| * | Inert matter shall not include more than 0.5 percent of material other than seed fragments of the variety under consideration. | | --- | --- | | ** | Other kinds shall not exceed 2 per lb. (454 grams) for foundation; 10 for certified. | | *** | Determined by variety verification trial or approved molecular testing. |

History

Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and 15.140.030. WSR 21-20-101, § 16-302-940, filed 10/4/21, effective 11/4/21.

Chapter 16-303 Seed assessment, fees for seed services and seed certification.

Wash. Admin. Code § 16-303-005 Purpose—Seed program fees for services and labeling of seed.

The department certifies, inspects, samples, tests and analyzes agricultural, vegetable or flower seed sold or offered for sale in Washington state. As provided for in this chapter under the authority of chapter 15.49 RCW, the department hereby establishes labeling requirements, germination standards, and fees for funding of the Washington state seed program.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 01-01-015, § 16-303-005, filed 12/6/00, effective 1/6/01.

Wash. Admin. Code § 16-303-010 Definitions.

Definitions for terms used in this chapter may be found in chapters 15.49 RCW and 16-301 WAC unless otherwise provided for in this chapter.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 01-01-015, § 16-303-010, filed 12/6/00, effective 1/6/01.

Wash. Admin. Code § 16-303-020 Schedule of charges—Billing policies and procedures.

(1) Accounts.

(a) All billable services provided for under chapter 15.49 RCW are due and payable upon billing by the department. For the convenience of established accounts and in accord with good business practices, the department provides a monthly billing service. Accounts not paid in full within 30 days of billing are considered delinquent.

(b) All delinquent accounts are assessed a late charge equal to two percent per month, or portion of a month, on the unpaid balance.

(c) Except for established accounts where there is a reasonable expectation of additional charges during a calendar month, the minimum billable amount through the monthly billing system is $20. All billable services of less than $20 are due and payable on the date that service is rendered.

(d) No person with an account 90 days or more in arrears may receive service except on the basis of payment in full at the time service is rendered. Accounts in arrears may be subject to legal action for collection and are not restored to monthly billing status until all past due amounts are paid-in-full.

(e) Accounts that become 90 or more days in arrears twice within a five-year period may be subject to a permanent requirement for payment in full at the time service is provided.

(2) Unless otherwise provided for in rule, requests for refund fees or assessments must be submitted to the department by June 30th of the year following payment of the fee or assessment.

(3) Fees for services not listed in rule are set on the basis of the actual cost to the department of agriculture, or the most appropriate fee established by rule.

History

Statutory Authority: RCW 15.49.005, [15.49].310, and [15.49].370. WSR 22-02-028, § 16-303-020, filed 12/29/21, effective 1/29/22. Statutory Authority: RCW 15.49.310, chapter 34.05 RCW, and 2012 2nd sp.s. c 7. WSR 12-19-065, § 16-303-020, filed 9/17/12, effective 10/18/12. Statutory Authority: 2003 1st sp.s. c 25 § 309(2), RCW 15.49.310, 15.49.370(3) and chapter 34.05 RCW. WSR 05-12-053, § 16-303-020, filed 5/26/05, effective 6/26/05. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 01-01-015, § 16-303-020, filed 12/6/00, effective 1/6/01.

Wash. Admin. Code § 16-303-105 Annual seed inspection charge.

(1) Each person required to obtain a seed labeling permit, pursuant to RCW 15.49.400, of the Washington State Seed Act, must also, pursuant to RCW 15.49.310 and 15.49.370, pay a general seed inspection charge annually to the department in the amount of 28 cents per $100 gross annual dollar sales in excess of $10,000 of agricultural and/or vegetable seed distributed in this state during the preceding fiscal year, except that no assessment shall be collected on:

(a) Seed for which the assessment has been previously collected, except when such seed is relabeled;

(b) Agricultural or vegetable seed distributed out-of-state;

(d) Stock seed; or

(e) Seed distributed by governmental agencies such as, but not limited to, the United States Department of Agriculture national foundation seed project. Agricultural and/or vegetable seeds distributed under bailment contract are valued at the producer-conditioner agreement rate in lieu of sale.

(2) The seed assessment fees for the fiscal period beginning July 1st through June 30th are payable on February 1st of the following calendar year.

(3) The seed assessment will accompany the annual application for the seed labeling permit. A penalty of 25 percent of the assessment fee or a minimum of $28, whichever is greater, is added to all assessments not paid by February 1st.

(4) The annual seed labeling permit will not be issued until all seed assessments and penalties are satisfied.

History

Statutory Authority: RCW 15.49.005, [15.49].310, and [15.49].370. WSR 22-02-028, § 16-303-105, filed 12/29/21, effective 1/29/22. Statutory Authority: RCW 15.49.310, chapter 34.05 RCW, and 2012 2nd sp.s. c 7. WSR 12-19-065, § 16-303-105, filed 9/17/12, effective 10/18/12. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 01-01-015, § 16-303-105, filed 12/6/00, effective 1/6/01.

Wash. Admin. Code § 16-303-115 Seed labeling registrant records.

Each seed labeling registrant must maintain reasonable and necessary records accurately reflecting the gross annual dollar value of agricultural and/or vegetable seed distributed in this state.

History

Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 01-01-015, § 16-303-115, filed 12/6/00, effective 1/6/01.

Wash. Admin. Code § 16-303-117 Seed program testing categories.

(1) Seed testing categories and associated crop kinds for WAC 16-303-200 and 16-303-210 are as follows:

| Category | Crop Kind | Additional Crops in each Category *1 | | --- | --- | --- | | 1 | Alfalfa and Clover | Alfalfa, Black Medic, Clover, Milkvetch, Sainfoin, Trefoil | | 2 | Bean | Bean | | 3 | Beet | Beet | | 4 | Bentgrass, Redtop | Bentgrass, Redtop | | 5 | Bluegrass | Bluegrass, all types except Native and Reclamation | | 6 | Brassica Species | Brassica Species, Camelina | | 7 | Brome | Brome: Mountain, Smooth, Meadow | | 8 | Fescue | Fescue: Tall and Meadow | | 9 | Fescue, all others | Fescue: Arizona, Blue, Blue Hard, Chewings, Creeping, Hard, Idaho, Red, Sheep | | 10 | Flax | Flax, all types | | 11 | Hemp | Hemp, all types | | 12 | Orchardgrass | Orchardgrass | | 13 | Peas and other large seeded legumes | Peas, Chickpeas, Lentil, Lupine, Vetch | | 14 | Ryegrass (perennial or annual) | Ryegrass (perennial or annual) | | 15 | Sudangrass | Sudangrass | | 16 | Timothy | Timothy | | 17 | Fruit and Vegetable | Fruit and Vegetables: Arugula, Asparagus, Any Berries, Cantaloupe, Carrot, Celery, Corn, Coriander, Cucumber, Dill, Eggplant, Endive, Leek, Lettuce, Okra, Onion, Parsley, Parsnip, Pepper, Pumpkin, Radish, Swiss chard, Spinach, Squash, Tomato, Watermelon | | 18 | Grain (500 g. or 1000 g.) | Wheat, Triticale, Sunflower, Sorghum, Safflower, Rye, Rice, Millet, Buckwheat, Barley, Oats, Emmer, Spelt | | 19 | Other native species and flowers (test requires 400 seed TZ according to AOSA rules) | Green needlegrass, Needle and Thread, Penstemon | | 20 | Native and Reclamation Grass | Bluestem, Buffalograss, Lovegrass, Sand dropseed, Sideoats, Squirreltail, Wheatgrass (Crested, Intermediate, Pubescent, Siberian, Slender, Tall, Thickspike, and Western), Wildrye, Indian ricegrass, Junegrass, Oatgrass, Native and Reclamation bluegrass | | 21 | Woody Plants and Forbs (natives) | Bitterbrush, Echinacea, Kochia, Yarrow, Sagebrush, Rabbitbrush, Native buckwheat, Native clover |

| *1 | Crops not listed in the above table will be charged by the category that they best fit into. | | --- | --- |

History

Statutory Authority: RCW 15.49.005, [15.49].310, and [15.49].370. WSR 22-02-028, § 16-303-117, filed 12/29/21, effective 1/29/22.

Wash. Admin. Code § 16-303-200 Seed program testing fees.

(1) Seed testing fees are as follows:

| Category | Purity W/ Noxious | GERM *1 | TZ | Sample Processing per request | Manual Sample Processing per request | | --- | --- | --- | --- | --- | --- | | 1 | $76.00 | $60.00 | $101.00 | $8.00 | $13.00 | | 2 | $68.00 | $60.00 | $101.00 | $8.00 | $13.00 | | 3 *2 | $70.00 | $60.00 | $101.00 | $8.00 | $13.00 | | 4 | $153.00 | $60.00 | $101.00 | $8.00 | $13.00 | | 5 | $118.00 | $70.00 | $101.00 | $8.00 | $13.00 | | 6 | $117.00 | $60.00 | $101.00 | $8.00 | $13.00 | | 7 | $106.00 | $70.00 | $101.00 | $8.00 | $13.00 | | 8 | $106.00 | $76.00 | $101.00 | $8.00 | $13.00 | | 9 | $106.00 | $76.00 | $101.00 | $8.00 | $13.00 | | 10 | $76.00 | $70.00 | $101.00 | $8.00 | $13.00 | | 11 | $70.00 | $60.00 | $101.00 | $8.00 | $13.00 | | 12 | $76.00 | $70.00 | $101.00 | $8.00 | $13.00 | | 13 | $68.00 | $60.00 | $101.00 | $8.00 | $13.00 | | 14 | $117.00 | $60.00 | $101.00 | $8.00 | $13.00 | | 15 | $76.00 | $60.00 | $101.00 | $8.00 | $13.00 | | 16 | $76.00 | $70.00 | $101.00 | $8.00 | $13.00 | | 17 | $68.00 | $60.00 | $101.00 | $8.00 | $13.00 | | 18 *3 | 500 g. $68.00 | $60.00 | $101.00 | $8.00 | $13.00 | | 1000 g. $136.00 | | | | | | | 19 | $90.00 | $146.00 *4 | $202.00 *5 | $8.00 | $13.00 | | 20 | $90.00 | $70.00 | $101.00 | $8.00 | $13.00 | | 21 | $90.00 | $82.00 | $101.00 | $8.00 | $13.00 |

| *1 | Standard 400 seed germination test. | | --- | --- | | *2 | Additional sprout counts incur hourly charge. | | *3 | Includes sodium hydroxide test. | | *4 | Germ includes dormant TZ count. | | *5 | Test requires 400 seed TZ according to AOSA rules. |

(2) There will be no refund on completed tests. Work will be billed proportional to the amount completed at the time of cancellation. Minimum billed will be one quarter of the hourly rate.

(3) Additional billing will be in 15-minute increments with a minimum of one quarter of the hourly rate for dirty or heavy inert samples which require hand picking for purity analysis.

(4) Additional requests will incur another sample processing check-in fee.

History

Statutory Authority: RCW 15.49.005, [15.49].310, and [15.49].370. WSR 22-02-028, § 16-303-200, filed 12/29/21, effective 1/29/22. Statutory Authority: RCW 15.120.030(3), 15.49.021, 15.49.310, and chapter 34.05 RCW. WSR 17-08-090, § 16-303-200, filed 4/5/17, effective 5/6/17. Statutory Authority: RCW 15.49.310, chapter 34.05 RCW, and 2012 2nd sp.s. c 7. WSR 12-19-065, § 16-303-200, filed 9/17/12, effective 10/18/12. Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. WSR 07-21-060, § 16-303-200, filed 10/12/07, effective 12/1/07. Statutory Authority: 2003 1st sp.s. c 25 § 309(2), RCW 15.49.310, 15.49.370(3) and chapter 34.05 RCW. WSR 05-12-053, § 16-303-200, filed 5/26/05, effective 6/26/05. Statutory Authority: Chapters 15.49 and 34.05 RCW, 2003 c 308. WSR 03-18-071, § 16-303-200, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. WSR 03-08-005, § 16-303-200, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 02-12-061, § 16-303-200, 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. WSR 01-01-015, § 16-303-200, filed 12/6/00, effective 1/6/01.

Wash. Admin. Code § 16-303-210 Fees for special seed tests.

Miscellaneous lab testing fees are as follows:

| Miscellaneous Lab Fees - Part A | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Category | Sod or quality seed analysis *1 | Undesirable grass species test, no other purity requested | Paired tests or 400 TZ when required by AOSA (from section 200) | Crop or weed exam standard AOSA working amount (in addition to other tests requested) | Quarantine tests on seed | Rules test-Canadian (No grade report) | Rules test-ISTA (No orange certificate) | | | | | | Bluegrass (25 gram test) | Bentgrass and redtop (10 gram test) | Other seed stock (25 gram test) | Purity | Germ | Purity | Germ | | | | | | | 1 | N/A | N/A | $202.00 | $76.00 | N/A | N/A | N/A | $76.00 | $59.00 | $76.00 | $59.00 | | 2 | N/A | N/A | $202.00 | $76.00 | N/A | N/A | N/A | $68.00 | $59.00 | $68.00 | $59.00 | | 3 *2 | N/A | N/A | $202.00 | $76.00 | N/A | N/A | N/A | $70.00 | $68.00 | $70.00 | $68.00 | | 4 | N/A | $114.00 | $202.00 | $76.00 | N/A | $86.00 | N/A | $153.00 | $70.00 | $153.00 | $70.00 | | 5 | $126.00 | $114.00 | $202.00 | $76.00 | $139.00 | N/A | N/A | $117.00 | $70.00 | $117.00 | $70.00 | | 6 | N/A | N/A | $202.00 | $76.00 | N/A | N/A | N/A | $117.00 | $60.00 | $117.00 | $60.00 | | 7 | N/A | N/A | $202.00 | $76.00 | N/A | N/A | N/A | $106.00 | $70.00 | $106.00 | $70.00 | | 8 | $126.00 | $114.00 | $202.00 | $76.00 | N/A | N/A | $88.00 | $106.00 | $70.00 | $106.00 | $70.00 | | 9 | $126.00 | $114.00 | $202.00 | $76.00 | N/A | N/A | $95.00 | $106.00 | $76.00 | $106.00 | $76.00 | | 10 | N/A | N/A | $202.00 | $76.00 | N/A | N/A | N/A | $106.00 | $70.00 | $106.00 | $70.00 | | 11 | N/A | N/A | $202.00 | $76.00 | N/A | N/A | N/A | $70.00 | $60.00 | $70.00 | $60.00 | | 12 | $126.00 | N/A | $202.00 | $76.00 | N/A | N/A | N/A | $76.00 | $70.00 | $76.00 | $70.00 | | 13 | N/A | N/A | $202.00 | $76.00 | N/A | N/A | N/A | $68.00 | $59.00 | $68.00 | $59.00 | | 14 | $126.00 | $114.00 | $202.00 | $76.00 | N/A | N/A | N/A | $117.00 | $76.00 | $117.00 | $76.00 | | 15 | N/A | N/A | $202.00 | $76.00 | N/A | N/A | N/A | $106.00 | $70.00 | $106.00 | $70.00 | | 16 | $126.00 | N/A | $202.00 | $76.00 | N/A | N/A | N/A | $76.00 | $70.00 | $76.00 | $70.00 | | 17 | N/A | N/A | $202.00 | $76.00 | N/A | N/A | N/A | $68.00 | $60.00 | $68.00 | $60.00 | | 18 | N/A | N/A | $202.00 | $76.00 | N/A | N/A | N/A | $68.00 | $60.00 | $68.00 | $60.00 | | N/A | N/A | $202.00 | $76.00 | N/A | N/A | N/A | $139.00 | $60.00 | $139.00 | $60.00 | | | 19 | N/A | N/A | $202.00 | $76.00 | N/A | N/A | N/A | $70.00 | $70.00 | $70.00 | $70.00 | | 20 | N/A | N/A | $202.00 | $76.00 | N/A | N/A | N/A | $125.00 *1 | $70.00 | $125.00 *1 | $70.00 | | 21 | N/A | N/A | $202.00 | $76.00 | N/A | N/A | N/A | $125.00 *1 | $82.00 | $125.00 *1 | $82.00 |

| *1 | Minimum one hour, then billed in 15 minute increments. | | --- | --- | | *2 | Additional sprout counts incur hourly charge. |

| Miscellaneous Lab Fee - Part B | | | --- | --- | | Additional sodium hydroxide exam (wheat only) | $47 | | Ammonia test (required for Fescue certification) | $46 | | Bioassay (variety specific) | $96 | | Broomrape (Orobanche minor) in red clover and other species (dry method) | $110 | | Canadian seed grade report (Canadian test required) | $45 | | Cold (vigor) test for wheat with Palouse soil | $107 | | Cold test without soil | $57 | | Cold test with soil - Specify soil type *1 | $65/hour | | Dust like species exam (dry method) including broomrape (Orobanche minor) | $152 | | Dodder exam | $90 | | EC norms conversion from AOSA report | $45 | | Electrical conductivity (EC) | $158 | | Fluorescent test (all perennial and annual ryegrass) | $40 | | Germination test in soil *1 | $65/hour | | Hourly charge (applies to especially contaminated or extraordinary samples, e.g., sample prep for coated seed; also used for custom work such as sample preparation, special bulk searches). *1 | $65/hour | | Mill check *1 | $65/hour | | Miscellaneous service, in dirt samples, field run samples, cleaning inert *1 | $65/hour | | Moisture test (oven) *1 | $65/hour | | Moisture test/Dickey-John test | $63 | | Noxious weed conversion fee | $45 | | Noxious weed search in animal feed pellets, bird seed or organic matter *1 | $65/hour | | Pest and disease (phytosanitary exam) and/or soil exam including sclerotinia, ergot, smut | $95 | | Potassium iodine/iodide test *1 | $65/hour | | Preliminary germination percent via email | $15 | | Preclean quality grain exam | $139 | | Seed coat dehull for TZ (Sanfoin/oat) *1 | $65/hour | | Seed count, manual *1 | $65/hour | | Seed count, mechanical | $24 | | Seed mixture purity exam, each crop component | $76 | | Species or veskof exam | $222 | | Stress germination exam *1 | $65/hour | | TKW 1000 seed count (total kernel weight/1000 seed) | $56 | | Wheat species exam *1 | $65/hour |

| *1 | Billing in 15-minute increments with a minimum of one quarter of the hourly rate. | | --- | --- |

History

Statutory Authority: RCW 15.49.005, [15.49].310, and [15.49].370. WSR 22-02-028, § 16-303-210, filed 12/29/21, effective 1/29/22. Statutory Authority: RCW 15.49.310, chapter 34.05 RCW, and 2012 2nd sp.s. c 7. WSR 12-19-065, § 16-303-210, filed 9/17/12, effective 10/18/12. Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. WSR 07-21-060, § 16-303-210, filed 10/12/07, effective 12/1/07. Statutory Authority: 2003 1st sp.s. c 25 § 309(2), RCW 15.49.310, 15.49.370(3) and chapter 34.05 RCW. WSR 05-12-053, § 16-303-210, filed 5/26/05, effective 6/26/05. Statutory Authority: Chapters 15.49 and 34.05 RCW, 2003 c 308. WSR 03-18-071, § 16-303-210, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. WSR 03-08-005, § 16-303-210, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 02-12-061, § 16-303-210, 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. WSR 01-01-015, § 16-303-210, filed 12/6/00, effective 1/6/01.

Wash. Admin. Code § 16-303-230 Official seed sampling or similar service.

Seed lots for official sampling must be made available to the inspector upon arrival to avoid assessment of additional fees for standby-time. Standby-time when the inspector is on-site while samples are prepared for official sampling will be billed in 15-minute increments at a minimum of one quarter of the hourly rate.

Fees for official sampling are in addition to travel time and mileage.

| Crop | Test | Fee | Minimum charge | | --- | --- | --- | --- | | Peas, beans, small grains or seeds of similar size | Standard sampling | $0.13 per cwt. | $90 | | Peas, beans, small grains or seeds of similar size | I.S.T.A. sampling | $0.21 per cwt. plus $13.00 per lot | $90 | | For all other kinds | Standard sampling | $0.28 per cwt. | $90 | | For all other kinds | I.S.T.A sampling | $0.33 per cwt. plus $13.00 per lot | $90 |

History

Statutory Authority: RCW 15.49.005, [15.49].310, and [15.49].370. WSR 22-02-028, § 16-303-230, filed 12/29/21, effective 1/29/22. Statutory Authority: RCW 15.49.310, chapter 34.05 RCW, and 2012 2nd sp.s. c 7. WSR 12-19-065, § 16-303-230, filed 9/17/12, effective 10/18/12. Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. WSR 07-21-060 and 07-24-082, § 16-303-230, filed 10/12/07 and 12/5/07, effective 12/1/07 and 1/5/08. Statutory Authority: Chapters 15.49 and 34.05 RCW, 2003 c 308. WSR 03-18-071, § 16-303-230, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. WSR 03-08-005, § 16-303-230, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 02-12-061, § 16-303-230, 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. WSR 01-01-015, § 16-303-230, filed 12/6/00, effective 1/6/01.

Wash. Admin. Code § 16-303-240 Fees for blending seed.

(1) Blending fee is not applicable to salvage blends.

(2) Blending fees are as follows:

| Seed Origin | Fee | | --- | --- | | Washington origin certified seed | $17.00 Application plus cost of tag | | Out-of-state origin certified seed | $17.00 Application plus cost of tag |

(3) See WAC 16-303-350 for tagging fees.

(4) A blend data sheet is filled out with the certifying agency and must be presented at the time of application and maintained by the seed conditioner. Blend data sheet forms can be obtained from the department.

History

Statutory Authority: RCW 15.49.005, [15.49].310, and [15.49].370. WSR 22-02-028, § 16-303-240, filed 12/29/21, effective 1/29/22. Statutory Authority: RCW 15.49.310, chapter 34.05 RCW, and 2012 2nd sp.s. c 7. WSR 12-19-065, § 16-303-240, filed 9/17/12, effective 10/18/12. Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. WSR 07-21-060, § 16-303-240, filed 10/12/07, effective 12/1/07. Statutory Authority: Chapters 15.49 and 34.05 RCW, 2003 c 308. WSR 03-18-071, § 16-303-240, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 01-01-015, § 16-303-240, filed 12/6/00, effective 1/6/01.

Wash. Admin. Code § 16-303-250 Miscellaneous charges for seed services.

Fees for miscellaneous department seed services are as follows:

| Service | Fee | | --- | --- | | Rush sample (purity started in 48 hours, including phone report if requested at time sample is submitted) | $136.00 | | Super rush sample - Purity result completed before the end of the next business day. (Based upon availability with a limit per day, call ahead for availability.) | $204.00 | | Paper documents: Additional copies-digital | $8.00 | | Paper documents: Additional copies-registered mail | $8.00 plus exact shipping cost | | Samples: Fee for special shipping/packaging for seed samples, plant health samples (live plants) by Federal Express, air parcel or air freight | $20.00 plus exact shipping cost | | All other shipping and handling | $8.00 plus exact shipping cost | | Revised reports | $15.00 minimum (hourly fee when applicable) | | Combined reports | $15.00 minimum (hourly fee when applicable) | | Drive time and mileage for additional or special requested trips | Drive time at hourly rate plus mileage - OFM rate | | Field staff stand-by time at warehouse *1 *2 | $65/hour | | Split seed sample for outsourcing | $50.00 | | Digital photo | $11.00/photo | | Washington Wilderness Hay and Mulch (WWHAM) certification, if conducted at time of seed certification inspection | $90.00 | | Washington Wilderness Hay and Mulch (WWHAM) certification, if not conducted at time of seed certification inspection | $90.00 plus drive time at hourly rate plus mileage - OFM rate | | Cancellation of seed test *1 | Proportional to work completed prior to cancellation-hourly rate for a minimum of 15 minutes | | Hourly rate | $65/hour |

| *1 | No refund on completed tests or work. Work will be billed proportional to amount completed at the time of request. | | --- | --- | | *2 | Minimum billed will be one quarter of the hourly rate. |

History

Statutory Authority: RCW 15.49.005, [15.49].310, and [15.49].370. WSR 22-02-028, § 16-303-250, filed 12/29/21, effective 1/29/22. Statutory Authority: RCW 15.49.310, chapter 34.05 RCW, and 2012 2nd sp.s. c 7. WSR 12-19-065, § 16-303-250, filed 9/17/12, effective 10/18/12. Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. WSR 07-21-060, § 16-303-250, filed 10/12/07, effective 12/1/07. Statutory Authority: 2003 1st sp.s. c 25 § 309(2), RCW 15.49.310, 15.49.370(3) and chapter 34.05 RCW. WSR 05-12-053, § 16-303-250, filed 5/26/05, effective 6/26/05. Statutory Authority: Chapters 15.49 and 34.05 RCW, 2003 c 308. WSR 03-18-071, § 16-303-250, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. WSR 03-08-005, § 16-303-250, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 02-12-061, § 16-303-250, 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. WSR 01-01-015, § 16-303-250, filed 12/6/00, effective 1/6/01.

Wash. Admin. Code § 16-303-300 Phytosanitary certification of seed—Fees.

| Service | Fee | Additional Information | | --- | --- | --- | | Federal phytosanitary certificate | $70.00 | Additional hourly fee may apply for consultation and billed at one quarter of the hourly rate | | State phytosanitary certificate | $63.00 | Additional hourly fee may apply for consultation and billed at one quarter of the hourly rate | | Certificate of origin | $55.00 | Additional hourly fee may apply for consultation and billed at one quarter of the hourly rate | | Resignature | $4.00 | Resignature of expired visual *1 | | Verification | $4.00 | Reexport phytosanitary verification | | Phytosanitary field application *2 | $45.00 | No refund after processing | | Phytosanitary field inspection - All seed (for each required inspection) *2 *3 | $8.00 per acre, per required inspection | $90 minimum fee, per inspection. No refund after inspection is completed | | Area inspection *2 *3 | $3.11 per acre, per required inspection | Plus travel time and mileage | | Late fee - Per field application | $139.00 | Based on scheduling may also include travel time and mileage. After application due date, application may be rejected | | Nematode soil sample | $33.00 | Flat fee per sample |

| | Phytosanitary field application due dates are found in WAC 16-301-220. | | --- | --- | | *1 | Prior departmental authorization required in advance and site must meet specific criteria to qualify. | | *2 | No refund on rejected fields due to findings or results. To be eligible for a refund of the per acre fee, the seed crop application must be withdrawn prior to field inspection. | | *3 | An outsourced plant health analysis or laboratory exam may be applicable to assess field health and may result in costs separate from the inspection application and acreage fee. |

History

Statutory Authority: RCW 15.49.005, [15.49].310, and [15.49].370. WSR 22-02-028, § 16-303-300, filed 12/29/21, effective 1/29/22. Statutory Authority: RCW 15.49.310, chapter 34.05 RCW, and 2012 2nd sp.s. c 7. WSR 12-19-065, § 16-303-300, filed 9/17/12, effective 10/18/12. Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. WSR 07-21-060, § 16-303-300, filed 10/12/07, effective 12/1/07. Statutory Authority: Chapters 15.49 and 34.05 RCW, 2003 c 308. WSR 03-18-071, § 16-303-300, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. WSR 03-08-005, § 16-303-300, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 02-12-061, § 16-303-300, 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. WSR 01-01-015, § 16-303-300, filed 12/6/00, effective 1/6/01.

Wash. Admin. Code § 16-303-310 Organization for economic cooperation and development scheme for varietal certification (O.E.C.D.) fees.

In addition to fees required by applicable Washington certification rules, the following fees shall apply to all seed tagged O.E.C.D. and is payable by the person requesting O.E.C.D. certificate. The certifying agency may require fees paid in advance:

| Service | Fee | | --- | --- | | O.E.C.D. assessment *1 | Actual cost to program. This is a pass through fee to USDA | | O.E.C.D. certificate *2 | $40.00 each | | O.E.C.D. reissued certificate | See Section 250 for additional document copies | | O.E.C.D. grow out test *3 | $100.00 each entry | | O.E.C.D. tagging fee *4 | $17.00 Application plus tag fee cost |

| *1 | An additional O.E.C.D. assessment will be billed on each O.E.C.D. seed lot assessed by USDA-O.E.C.D. authorities. | | --- | --- | | | These charges will be billed in addition to other listed fees. | | *2 | O.E.C.D. certificate fee does not include required field application, inspection, laboratory fees or tagging. | | *3 | No charge for control entry. | | *4 | See WAC 16-303-350 for tagging fee. |

History

Statutory Authority: RCW 15.49.005, [15.49].310, and [15.49].370. WSR 22-02-028, § 16-303-310, filed 12/29/21, effective 1/29/22. Statutory Authority: RCW 15.49.310, chapter 34.05 RCW, and 2012 2nd sp.s. c 7. WSR 12-19-065, § 16-303-310, filed 9/17/12, effective 10/18/12. Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. WSR 07-21-060, § 16-303-310, filed 10/12/07, effective 12/1/07. Statutory Authority: 2003 1st sp.s. c 25 § 309(2), RCW 15.49.310, 15.49.370(3) and chapter 34.05 RCW. WSR 05-12-053, § 16-303-310, filed 5/26/05, effective 6/26/05. Statutory Authority: Chapters 15.49 and 34.05 RCW, 2003 c 308. WSR 03-18-071, § 16-303-310, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. WSR 03-08-005, § 16-303-310, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 02-12-061, § 16-303-310, 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. WSR 01-01-015, § 16-303-310, filed 12/6/00, effective 1/6/01.

Wash. Admin. Code § 16-303-315 Quality seed tagging.

(1) Service fee for quality seed tags and tagging shall be $0.25 per cwt.

| Service | Fee | | --- | --- | | Quality Sod tag | $17.00 Application plus $0.25 cwt and tag fee | | Quality Timothy tag | $17.00 Application plus tag fee | | Quality Orchardgrass tag | $17.00 Application plus tag fee |

(2) Seed lots which meet the field and seed standards will be tagged with a "quality seed" tag per WAC 16-302-395 through 16-302-410 or WAC 16-302-740 through 16-302-756.

(3) Tag fees are specified in WAC 16-303-350.

(4) Quality tagging does not include required field inspection or laboratory analysis.

History

Statutory Authority: RCW 15.49.005, [15.49].310, and [15.49].370. WSR 22-02-028, § 16-303-315, filed 12/29/21, effective 1/29/22. Statutory Authority: RCW 15.49.310, chapter 34.05 RCW, and 2012 2nd sp.s. c 7. WSR 12-19-065, § 16-303-315, filed 9/17/12, effective 10/18/12. Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. WSR 07-21-060, § 16-303-315, filed 10/12/07, effective 12/1/07. Statutory Authority: Chapters 15.49 and 34.05 RCW, 2003 c 308. WSR 03-18-071, § 16-303-315, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 01-01-015, § 16-303-315, filed 12/6/00, effective 1/6/01.

Wash. Admin. Code § 16-303-320 Certification fees for seed certified by the department.

Seed certification fees apply to seed classes identified in WAC 16-302-015, as follows:

(1) Fees apply to both new and renewal applications.

(2) Seed certification application due dates are specified in WAC 16-302-050.

(3) The applicant for seed certification is responsible for seed certification fees including sampling, testing, tagging and final certification fees, and may accept responsibility for any other additional fees associated with certification. Fees for services such as O.E.C.D. and quality exams, etc., are in addition to the fees listed in this section.

(4) Certification fees for seed certified by the department are as follows:

| Crop | Application Fee | Seedling Field Inspection Fee | Seedling Producing or Field InspectionFee | Late Application Penalty Fee | Reinspection Fee (other than isolation) | Seed Shipped Out-of-State (uncleaned) Document Fee | | --- | --- | --- | --- | --- | --- | --- | | Alfalfa, Red clover, White clover and Trefoil | $45 per field | $3.90 per acre, per required inspection | $3.90 per acre, per required inspection | $139 fee per late application | hourly rate plus drive time and mileage | $7 each document | | Annual grass | $45 per field | N/A | $3.90 per acre, per required inspection | $139 fee per late application | hourly rate plus drive time and mileage | $7 each document | | Bean *1 *2 | $45 per field | N/A | $3.90 per acre, per required inspection | $139 fee per late application | hourly rate plus drive time and mileage | $7 each document | | Camelina | $45 per field | N/A | $3.90 per acre, per required inspection | $139 fee per late application | hourly rate plus drive time and mileage | $7 each document | | Corn (Hybrid and nonhybrid) *3 | $45 per field | N/A | $76.00 first acre, $17 each additional acre | $139 fee per late application | hourly rate plus drive time and mileage | $8 each document | | Hemp | $45 per field | N/A | $3.90 per acre, per required inspection | $139 fee per late application | hourly rate plus drive time and mileage | $7 each document | | Perennial grass | $45 per field | $3.90 per acre, per required inspection | $3.90 per acre, per required inspection | $139 fee per late application | hourly rate plus drive time and mileage | $7 each document | | Radish | $45 per field | N/A | $3.90 per acre, per required inspection | $139 fee per late application | hourly rate plus drive time and mileage | $7 each document | | Rapeseed, Canola, and Mustard | $45 per field | $3.90 per acre, per required inspection | $3.90 per acre, per required inspection | $139 fee per late application | hourly rate plus drive time and mileage | $7 each document | | Hybrid rapeseed, canola and mustard $7.00 per acre, per required inspection | | | | | | | | Sunflower | $45 per field | N/A | $3.90 per acre, per required inspection | $139 fee per late application | hourly rate plus drive time and mileage | $7 each document | | Hybrid sunflower $7.00 per acre, per required inspection | | | | | | | | Turnip, Rutabaga, Kale | $45 per field | N/A | $3.90 per acre, per required inspection | $139 fee per late application | hourly rate plus drive time and mileage | $7 each document | | Woody Plants and Forbs | $45 per field | N/A | $3.90 per acre, per required inspection | $139 fee per late application | hourly rate plus drive time and mileage | $7 each document | | Service Inspections excluding hybrid | $45 per field | $3.90 per acre, per required inspection | $3.90 per acre, per required inspection | N/A | N/A | N/A | | Annual and Rough Bluegrass Quarantine | $45 per field | $87.60 per acre plus time and mileage including travel time | $87.60 per acre plus time and mileage including travel time | N/A | N/A | N/A |

| *1 | One inspection is required for Great Northern, Red Mexican, pinto, pink, and small white bean. | | --- | --- | | *2 | Includes windrow inspection which is required for certification of snap beans, kidney beans, and eligibility for shipment into the state of Idaho. | | *3 | Corn bin inspection billed at 45 minutes of the hourly rate per inspection. |

(5) Crop acreage fee does not include required laboratory fees or tagging. Minimum tagging fee is $17.00 per application. Tagging fees are specified in WAC 16-303-350. This does not include the shipping and handling charge for tags.

(6)(a) Crop hybrid pollen count:

(b) All crops except corn and hemp:

(i) $67.42 per inspection if done at the time of the certification inspection.

(ii) $187.00 per inspection is not conducted at the time of the certification inspection.

(7) No refund on rejected fields due to findings or results. To be eligible for a refund of the per acre fees, the seed crop application must be withdrawn prior to the field inspection.

(8) Seed stock class (foundation/prebasic, registered/basic) of all crops for certification $32.50 per field plus per acre fee.

(9) Seedling field inspection and seedling producing or field inspection fee is $90 minimum fee, per inspection.

(10) Seedling field inspection and seedling producing or field inspection fees are refundable if the acreage is withdrawn before the inspection is completed. In the case of bean seed, fees are required of seedling fields to be harvested for certification the year of planting.

(11) Late application penalty fee is based on scheduling and may also include travel time and mileage. After application due date, application may be rejected.

(12) Reinspection fee mileage will be charged at the current OFM mileage rate.

History

Statutory Authority: RCW 15.49.005, [15.49].310, and [15.49].370. WSR 22-02-028, § 16-303-320, filed 12/29/21, effective 1/29/22. Statutory Authority: RCW 15.120.030(3), 15.49.021, 15.49.310, and chapter 34.05 RCW. WSR 17-08-090, § 16-303-320, filed 4/5/17, effective 5/6/17. Statutory Authority: RCW 15.49.310, chapter 34.05 RCW, and 2012 2nd sp.s. c 7. WSR 12-19-065, § 16-303-320, filed 9/17/12, effective 10/18/12. Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. WSR 07-21-060, § 16-303-320, filed 10/12/07, effective 12/1/07. Statutory Authority: 2003 1st sp.s. c 25 § 309(2), RCW 15.49.310, 15.49.370(3) and chapter 34.05 RCW. WSR 05-12-053, § 16-303-320, filed 5/26/05, effective 6/26/05. Statutory Authority: Chapters 15.49 and 34.05 RCW, 2003 c 308. WSR 03-18-071, § 16-303-320, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. WSR 03-08-005, § 16-303-320, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. WSR 02-12-061, § 16-303-320, 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. WSR 01-01-015, § 16-303-320, filed 12/6/00, effective 1/6/01.

Wash. Admin. Code § 16-303-340 Seed certification fees for buckwheat, chickpea, field pea, lentil, millet, quinoa, soybean, sorghum and small grains.

(1) Seed certification fees for buckwheat, chickpea, field pea, lentil, millet, quinoa, soybean, sorghum and small grains are as follows:

| (a) | Application fee per variety per grower . . . . | $100.00 | | --- | --- | --- | | (b) | Late application fee . . . . | $200.00 | | (c) | Field inspection fee per acre except millet and hybrid sorghum . . . . | $5.30 | | (d) | Millet - First acre . . . . | $32.55 | | | - Each additional acre . . . . | $6.50 | | (e) | Hybrid sorghum - First acre . . . . | $32.55 | | | - Each additional acre . . . . | $13.00 | | (f) | Special field inspection fee per acre . . . . | $4.15 | | (g) | Minimum reinspection fee for each field which did not pass field inspection plus $0.75 for each acre over 25 . . . . | $100.00 | | (h) | Final certification fee per cwt. of clean seed sampled . . . . | $0.25 | | (i) | Production fee per cwt. of production from fields inspected which is utilized for seed . . . . | $0.105 | | (j) | Sampling fee per cwt. of clean seed sampled, with minimum charge of $10.30 per sample, which is charged to conditioning plant in lieu of mechanical sampling . . . . | $0.105 |

(2) A field may be withdrawn upon notification by the applicant to the certifying agency's office before field inspection. In such case, the field inspection fee is refunded upon request until June 30 of the year following harvest.

(3) Harvest before field inspection causes forfeitures of both the application and field inspection fees, and completion of certification.

(4) Final certification or production fees shall be determined by the audit process described in subsection (5) of this section.

(5) The WSCIA audit process is as follows:

(a) Audits are conducted semiannually.

(b) Certified seed growers, distributors, and conditioning plants shall report all previously unreported retail and wholesale transactions of certified or certified-eligible seed by completing and returning the WSCIA audit form to WSCIA.

(i) For seed certified by WSCIA and utilized as seed, the conditioning plant is charged the final certification fee in subsection (1)(h) of this section;

(ii) For certified-eligible seed not certified by WSCIA but utilized as seed, the grower or final seller is charged the production fee in subsection (1)(i) of this section. "Final seller" means a seller who sells seed prior to brokerage or retail sale, sells seed to a plant not approved for conditioning certified seed, or transships seed out-of-state.

History

Statutory Authority: RCW 15.49.005, [15.49].310, [15.49].370, and chapter 15.49 RCW. WSR 26-06-029, s 16-303-340, filed 2/23/26, effective 3/26/26
WSR 25-15-041, s 16-303-340, filed 7/9/25, effective 8/9/25. Statutory Authority: RCW 15.49.005, [15.49].021, [15.49].310, [15.49].370, and chapter 34.05 RCW. WSR 18-10-055, § 16-303-340, filed 4/27/18, effective 5/28/18. Statutory Authority: RCW 15.49.310, chapter 34.05 RCW, and 2012 2nd sp.s. c 7. WSR 12-19-065, § 16-303-340, filed 9/17/12, effective 10/18/12. Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. WSR 07-21-060, § 16-303-340, filed 10/12/07, effective 12/1/07. Statutory Authority: RCW 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 06-11-066, § 16-303-340, filed 5/12/06, effective 6/12/06
WSR 05-05-052, § 16-303-340, filed 2/14/05, effective 3/17/05
WSR 04-06-029, § 16-303-340, filed 2/24/04, effective 3/26/04
WSR 03-06-005, § 16-303-340, filed 2/20/03, effective 3/23/03
WSR 02-05-082, § 16-303-340, filed 2/20/02, effective 3/23/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. WSR 01-01-015, § 16-303-340, filed 12/6/00, effective 1/6/01.

Wash. Admin. Code § 16-303-350 Seed tagging fees.

(1) Seed tagging fees for certification, O.E.C.D., crucifer and specialty tags are as follows:

| Certified Tags | | | --- | --- | | Card stock 4x3: Sod quality, Quality Timothy, Quality Orchard grass, Foundation, Registered, Certified, Experimental, Select, Source Identified | $0.03/tag | | Certified substandard class | $0.13/tag | | Certified adhesive 4x3 | $0.06/tag | | Registered adhesive | $0.09/tag |

| OECD Tags | | | --- | --- | | OECD 4x3 1st Gen tag | $0.08/tag | | OECD 4x3 Prebasic, Basic | $0.31/tag | | OECD 4-5/8 x 2-7/8 adhesive | $0.08/label |

| Crucifer Tags | | | --- | --- | | 1.5x1 Crucifer adhesive label | $0.19/label | | 1x3 Crucifer adhesive label | $0.19/label | | 4x1 Crucifer adhesive label | $0.10/label | | 4x3 Crucifer card stock | $0.13/tag | | 4x8 Crucifer adhesive label | $0.10/label | | 4x8 Crucifer card stock | $0.13/tag |

| Specialty Tags | | | --- | --- | | Zip tie and all other specialty tags | $2.22 each |

(2) Reissuance of certification tags requires an application fee of $17.00 plus price of tags.

History

Statutory Authority: RCW 15.49.005, [15.49].310, and [15.49].370. WSR 22-02-028, § 16-303-350, filed 12/29/21, effective 1/29/22.

Chapter 16-306 Hemp program.

Wash. Admin. Code § 16-306-010 Purpose of chapter.

Under the authority of chapter 15.140 RCW, the department adopts rules to establish a hemp program in accordance with the Agricultural Improvement Act of 2018. These rules include licensing requirements. Licensing is required for persons to produce hemp as provided under this chapter and chapter 15.140 RCW. Registration is voluntary for hemp processors that process hemp for commercial use or sale.

History

Statutory Authority: RCW 15.140.030, 15.140.060 and 2021 c 104. WSR 22-01-137, § 16-306-010, filed 12/14/21, effective 1/14/22. Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-010, filed 1/22/20, effective 2/22/20.

Wash. Admin. Code § 16-306-020 Activities outside the scope of the hemp program.

The following activities are not subject to regulatory sanctions or penalties under this chapter, except for the limitation of THC content under chapter 15.140 RCW:

(1) Possessing, transporting, marketing or exchanging legally obtained hemp and hemp products;

(2) Growing, producing, possessing, processing, marketing or exchanging cannabis as defined in RCW 69.50.101.

History

Statutory Authority: RCW 15.140.030. WSR 22-19-033, § 16-306-020, filed 9/14/22, effective 10/15/22. Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-020, filed 1/22/20, effective 2/22/20.

Wash. Admin. Code § 16-306-030 Definitions.

"Acceptable hemp THC level" means the application of the measurement of uncertainty to the reported THC concentration level on a dry weight basis producing a distribution or range that includes 0.3 percent or less.

"Agricultural Improvement Act of 2018" means sections 7605, 10113, 10114, and 12619 of the Agricultural Improvement Act of 2018, P.L. 115-334.

"Applicant" means a person who submits an application for a hemp producer license to participate in the hemp program as required under this chapter.

"Contiguous land area" means a specific field with designated boundaries that is planted with hemp. Separate parcels connected only by thin or narrow plantings of hemp or separated by physical barriers such as ditches or roads are not considered contiguous for the purposes of this rule.

"Continuous licensing" means the hemp producer licensee renews their license annually prior to expiration, such that the licensee is continuously operating under a valid license.

"Corrective action plan" means a plan by the department for a licensed hemp producer to correct a negligent violation of, or noncompliance with, a hemp production plan, its terms, or any other regulation set forth under this chapter.

"Department" means the Washington state department of agriculture.

"Destroyed" means incinerated, tilled under the soil, made into compost, or rendered nonretrievable in another manner approved by the department.

"Disposal" means the material is collected for destruction by a person authorized to handle cannabis such as a Drug Enforcement Agency (DEA)-registered reverse distributor, or in another manner approved by the department.

"Hemp" means the plant Cannabis sativa L. and any part of the plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

"Hemp processor" means a person who takes possession of raw hemp material with the intent to modify, package, or sell a transitional or finished hemp product.

"Key participant" means a person or persons who have a direct or indirect financial interest in the entity producing hemp, such as an owner or partner in a partnership. A key participant also includes persons in a corporate entity at executive levels including chief executive officer, chief operating officer and chief financial officer. This does not include such management as farm, field, or shift managers.

"Legal description" means a method of locating or describing land in relation to the public land survey system such as section, township, and range.

"Licensee" means any person who holds a license from the department to grow or produce hemp in Washington state.

"Lot" refers to a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of cannabis throughout. In addition, "lot" is a common term in agriculture that refers to the batch or contiguous, homogeneous whole of a product being sold to a single buyer at a single time. Under the terms of this chapter, "lot" is to be defined by the producer in terms of farm location, field acreage, and variety.

"Measurement of uncertainty" means the parameter, associated with the result of a measurement that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement. The measurement of uncertainty is similar to a margin of error. When the measurement of uncertainty, normally expressed as a +/- with a number, (e.g., +/- 0.05) is combined with the reported measurement, it produces a range and the actual measurement has a known probability of falling within that range.

"Microgreen" means an immature nonflowering hemp plant harvested for sale or distribution at fewer than 12 inches in height.

"Process" means the processing, compounding, or conversion of hemp into hemp commodities or products.

"Produce" or "production" means the planting, cultivation, growing, or harvesting of hemp, including hemp seed.

"Registered land area" means a contiguous land area, including greenhouses and storage areas registered with the department as a condition of licensing, on which a licensee will conduct licensed activities. A registered land area may include more than one field, greenhouse, or storage area so long as those fields, greenhouses, or storage areas are at the same physical address.

"Remediation" means the process by which a licensed hemp producer transforms noncompliant plants into useful and compliant material.

"Storage area" means any area, building, plant or facility registered with the department in which a licensee plans to store hemp.

"THC concentration" means the percent of total delta-9 tetrahydrocannabinol, which is the conversion of delta-9 tetrahydrocannabinolic acid into THC.

History

Statutory Authority: RCW 15.140.030. WSR 22-19-033, § 16-306-030, filed 9/14/22, effective 10/15/22. Statutory Authority: RCW 15.140.030, 15.140.060 and 2021 c 104. WSR 22-01-137, § 16-306-030, filed 12/14/21, effective 1/14/22. Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-030, filed 1/22/20, effective 2/22/20.

Wash. Admin. Code § 16-306-040 Hemp producer license application.

(1) An applicant for a hemp producer license must:

(a) Provide the information required for a hemp producer license on a form provided by the department that at a minimum includes the following:

(i) The name and business address of the applicant;

(ii) For corporate applicants, the type of business entity, such as corporation, LLC, or partnership, the state or country where the business is incorporated, and the name and address of the entity's agent in Washington state;

(iii) The legal description (section, township, and range) in which any proposed registered land area is located; and

(iv) Geospatial location coordinates of any proposed field, greenhouse, or other site where hemp is produced.

(b) Apply to the department for participation in the program between January 1st and March 31st. Applications may be received after March 31st but will remain subject to the same expiration date;

(d) Consent to entrance of their property by the department to inspect their registered land area with or without prior notice; and

(e) Report hemp crop acreage to USDA Farm Service Agency (FSA). A link to FSA information on how to report hemp crop acreage to FSA is available on the United States Department of Agriculture (USDA) hemp production program website.

(2) Licenses will expire on the last day of April following the year the license is issued.

(3) All applications must be accompanied by a criminal history report completed within 60 days of the application date. If the application is for a business entity, a completed criminal history report must be provided for each key participant.

(a) The criminal history report must indicate the applicant has not been convicted of a state or federal felony related to a controlled substance for the 10 years prior to the date of when the report was completed. An exception applies to a person who was lawfully growing hemp under the 2014 Farm Bill before December 20, 2018, and whose conviction also occurred before that date.

(b) A person with a prior felony related to controlled substances within 10 years of applying for a producer license is not eligible for the license. Key participants of associations, corporations, and other business entities with a prior felony related to a controlled substance within 10 years of applying for a producer license are not eligible for the license under this felony drug conviction limitation. Business entities may still be eligible if the key participant with a prior felony is discharged.

(4) Any person who materially falsifies information in the application shall be ineligible to participate in the program.

History

Statutory Authority: RCW 15.140.030. WSR 22-19-033, § 16-306-040, filed 9/14/22, effective 10/15/22. Statutory Authority: RCW 15.140.030, 15.140.060 and 2021 c 104. WSR 22-01-137, § 16-306-040, filed 12/14/21, effective 1/14/22. Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-040, filed 1/22/20, effective 2/22/20.

Wash. Admin. Code § 16-306-050 Hemp producer license.

(1) A person must obtain a hemp producer license prior to planting or growing hemp in this state, including growing hemp seed crop.

(2) A licensed producer may sell or exchange hemp produced under the license once the department has issued documentation declaring the hemp to meet the THC concentration requirements.

(3) The department may inspect and sample a producer's licensed operations. The producer must permit unrestricted access to all hemp plants, plant parts, grain and seeds within a registered land area whether growing or not, and all land and facilities used by the producer for the growing and storage of hemp, pesticide storage or housing, and all documents and records pertaining to the licensee's hemp business operations during business hours.

(4) The licensee must pay all applicable fees adopted under this chapter for any required inspections and testing. Samples may be taken at the department's discretion for testing.

(5) No registered land area may contain cannabis plants or parts thereof that the licensee knows or has reason to know are of a variety that will produce a plant that when tested will produce more than 0.3 percent THC concentration on a dry weight basis. No licensee shall use any such variety for any purpose associated with the growing of hemp.

(6) Licenses will expire on the last day of April following the year the license is issued. This date is not tied to the harvest and planting season. Rather it is tied to the window for applications (January 1st – March 31st) and the 30 days for the department to make a decision. For example, if a producer applies for a license February 1, 2020, and is granted a license on March 1, 2020, the license would expire April 30, 2021.

(7) Unless the license is renewed, the licensee must dispose of any plant material that is not harvested prior to expiration of the license.

(8) Upon any change to the registered land area(s) after issuance of the license, the licensee must submit to the department for approval an updated legal description, geospatial location, and a description of the changes to the registered land area(s) and required fees.

(9) At a minimum, licensees are required to post a sign on each side of every registered land area listed on the application including the following information:

(a) The department-issued license number;

(b) Crop type; and

(10) Licensees growing hemp for seed certification must also follow the requirements in chapter 16-302 WAC.

History

Statutory Authority: RCW 15.140.030. WSR 22-19-033, § 16-306-050, filed 9/14/22, effective 10/15/22. Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-050, filed 1/22/20, effective 2/22/20.

Wash. Admin. Code § 16-306-055 Voluntary hemp processor registration.

A hemp processor that processes hemp for commercial use or sale may register with the department if they are a registered business entity in Washington state or a foreign entity compliant with state laws.

(1) An applicant for hemp processor registration must provide the information required for a hemp processor registration on a form provided by the department that at a minimum includes the following:

(a) The name and business address of the registrant;

(b) For corporate registrants, the type of business entity, such as corporation, LLC, or partnership, the state or country where the business is incorporated, and the name and address of the entity's agent in Washington state;

(c) The physical address and the legal description (section, township, and range) of the locations where the hemp is processed or stored; and

(d) If applicable, the Washington state liquor and cannabis board I-502 license number.

(2) The fee for a processor registration is $1,200.

(3) Processor registrations are valid for three years from date of issuance.

(4) Processors will be provided with a certificate of registration, that includes the business name, registered address, and expiration date.

History

Statutory Authority: RCW 15.140.030, 15.140.060 and 2021 c 104. WSR 22-01-137, § 16-306-055, filed 12/14/21, effective 1/14/22.

Wash. Admin. Code § 16-306-060 Records retention.

Licensed producers are required to maintain copies of all records and reports necessary to demonstrate compliance with the program. These records include those that support, document, or verify the information in the forms the licensee submitted to the department. Licensees must keep records and reports for a minimum of three years from the expiration date of the license that was in effect at the time the records were generated.

History

Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-060, filed 1/22/20, effective 2/22/20.

Wash. Admin. Code § 16-306-070 Hemp seed and propagules.

(1) A hemp producer licensee must notify the department of the source of the hemp seed or clones solely for the purpose of maintaining a record of the sources of seeds and clones being used or having been used for hemp production in this state.

(2) The department is not responsible for obtaining seeds on behalf of the licensee.

(3) The department is not liable for and does not warrant that the seed is fit for any purpose.

History

Statutory Authority: RCW 15.140.030, 15.140.060 and 2021 c 104. WSR 22-01-137, § 16-306-070, filed 12/14/21, effective 1/14/22. Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-070, filed 1/22/20, effective 2/22/20.

Wash. Admin. Code § 16-306-075 Immature nonflowering hemp plants.

Licensed hemp producers that grow hemp for certain purposes that do not bring plants to their flowering stage, like clones and microgreens, are not required to meet the same sampling and testing requirements as operations that grow flowering hemp, as these immature, nonflowering plants do not exceed 0.3 percent THC when the plants are harvested before reaching 12 inches in height. Immature plants must meet the following requirements for THC certification:

(1) The hemp producer licensee must notify the department of their intent to grow microgreens, lettuces, or cut immature plants in their license application, or email hemp@agr.wa.gov with their intent to grow upon the start of their first planting.

(2) At least seven days prior to a hemp producer licensee's immature hemp plant harvest, the licensee must notify the department and may be subject to inspection. An inspection may include:

(a) Visual inspection of all the hemp plants to be harvested to ensure they are immature plants of less than 12 inches; and

(b) Licensee compliance with chapter 15.140 RCW, Hemp Production, and this chapter.

(3) After visual inspection, the department may issue a THC certification required by WAC 16-306-120. This certification is specifically for immature cut hemp plants, and will expire one month after inspection. Certification permits the transport of immature hemp plants under WAC 16-306-130 for the time period of the certification.

History

Statutory Authority: RCW 15.140.030. WSR 22-19-033, § 16-306-075, filed 9/14/22, effective 10/15/22.

Wash. Admin. Code § 16-306-080 Hemp inspection and sampling criteria.

(1) All hemp producer licensees are subject to inspection by the department. The department may inspect registered land areas under a producer license at least once during each license period. The department's inspections of the registered land area may include the following:

(a) Inspections for unauthorized plant growth;

(b) Inspections for hemp in any form on the registered land area;

(d) Audits of existing business data and reports related to hemp;

(e) Identifying compliance with required signage as specified in WAC 16-306-050; and

(f) Assessing compliance with other applicable licensing terms and conditions.

(2) The department shall take hemp samples from registered land areas licensed under a producer license within 30 days prior to the anticipated harvest of cannabis plants to test for THC concentration.

(3) The licensee or designated employee shall accompany the sampling agent throughout the sampling process.

(4) Registered land areas may be inspected by the department for a period of 365 days from the end of the license period to check for unauthorized plant growth such as, but not limited to, volunteer plants.

History

Statutory Authority: RCW 15.140.030. WSR 22-19-033, § 16-306-080, filed 9/14/22, effective 10/15/22. Statutory Authority: RCW 15.140.030, 15.140.060 and 2021 c 104. WSR 22-01-137, § 16-306-080, filed 12/14/21, effective 1/14/22. Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-080, filed 1/22/20, effective 2/22/20.

Wash. Admin. Code § 16-306-090 Hemp THC testing criteria.

(1) Mature hemp will be tested for THC concentration in a department-run or approved laboratory as determined by the department using post-decarboxylation or other testing methods approved by the department.

(2) Hemp testing will take place at times and on dates determined by the department.

(3) The department will apply the measurement of uncertainty to the reported THC concentration to determine if hemp material is in compliance under this chapter.

History

Statutory Authority: RCW 15.140.030. WSR 22-19-033, § 16-306-090, filed 9/14/22, effective 10/15/22. Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-090, filed 1/22/20, effective 2/22/20.

Wash. Admin. Code § 16-306-100 Voluntary testing for pesticides and heavy metals.

(1) In addition to testing required under WAC 16-306-090, producers may request voluntary testing for the following:

(a) A link to the list of pesticides that are allowed for use on hemp is available on the department website.

(b) Approved limits of mycotoxin. The sample and related lot fail testing for mycotoxin if the results exceed the following limits:

(i) Total of Aflatoxin B1, B2, G1, G2: 20 μg/kg of substance;

(ii) Ochratoxin A: 20 μg/kg of substance.

(c) Approved limits for heavy metals. The sample and related lot fail testing for heavy metals if the results exceed the following limits:

| Metal | μ/daily dose (5 grams) | | | --- | --- | --- | | Inorganic arsenic | 10.0 | | | Cadmium | 4.1 | | | Lead | 6.0 | | | Mercury | 2.0 | |

(2) The producer must inform the department if they wish to receive voluntary testing for pesticides and heavy metals at the time of sampling and in their harvest report.

(3) The licensee will be required to reimburse the department or the approved laboratory for the actual costs incurred for conducting such tests.

History

Statutory Authority: RCW 15.140.030. WSR 22-19-033, § 16-306-100, filed 9/14/22, effective 10/15/22. Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-100, filed 1/22/20, effective 2/22/20.

Wash. Admin. Code § 16-306-110 Hemp for human consumption as food.

The whole hemp plant may be used as food for human consumption. The department shall regulate the processing of the hemp for food products allowable under federal law, in the same manner as other food processing under chapters 15.130, 69.07, and 69.22 RCW.

History

Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-110, filed 1/22/20, effective 2/22/20.

Wash. Admin. Code § 16-306-120 THC certification.

(1) If the hemp meets THC concentration requirements in this chapter, the department will issue a document of certification attesting that hemp has been tested or visually inspected for THC concentration and is in compliance with this chapter.

(2) No hemp may leave a registered land area identified on a license without being issued THC certification by the department.

(3) Hemp plant material from different registered land areas or lots may not be combined until the department issues certification for each field, lot, or registered land area. Hemp seeds and grain are excluded from this restriction.

History

Statutory Authority: RCW 15.140.030. WSR 22-19-033, § 16-306-120, filed 9/14/22, effective 10/15/22. Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-120, filed 1/22/20, effective 2/22/20.

Wash. Admin. Code § 16-306-130 Transporting hemp.

(1) Hemp produced under this chapter may not be transported from a registered land area as identified on the hemp producer license until THC certification by the department as specified in WAC 16-306-120 is obtained by the applicable licensee prior to transport. During transport of hemp off a producer's registered land area, including to a processor, the person in possession of the hemp during transport must have in their possession either:

(a) Copies of the hemp producer license and department-issued THC certification, as required by this chapter; or

(b) A bill of lading or other proper documentation demonstrating that the hemp was legally imported or is otherwise legally present in the state of Washington under applicable state and federal laws relating to hemp.

(2) Any hemp from a licensed Washington producer that is found in Washington state at any location off the premises of a registered land area of a licensee without department-issued THC certification as specified in WAC 16-306-120 is deemed to be contraband and subject to seizure by the Washington state patrol or any law enforcement officer. Any such contraband material is subject to destruction at the licensee's expense, and may result in suspension or revocation of the hemp producer license.

History

Statutory Authority: RCW 15.140.030 and 43.01.160. WSR 24-22-038, s 16-306-130, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 15.140.030, 15.140.060 and 2021 c 104. WSR 22-01-137, § 16-306-130, filed 12/14/21, effective 1/14/22. Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-130, filed 1/22/20, effective 2/22/20.

Wash. Admin. Code § 16-306-140 Hemp producer license fees.

Hemp producer annual license fee is $1,200.

History

Statutory Authority: RCW 15.140.030. WSR 22-19-033, § 16-306-140, filed 9/14/22, effective 10/15/22. Statutory Authority: RCW 15.140.030, 15.140.060 and 2021 c 104. WSR 22-01-137, § 16-306-140, filed 12/14/21, effective 1/14/22. Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-140, filed 1/22/20, effective 2/22/20.

Wash. Admin. Code § 16-306-150 Hemp inspection fees.

(1) Fees for hemp inspections are paid by the hemp producer licensee.

(2) No renewal licenses will be issued until all fees due to the department are paid in full.

(3) Hemp inspection fees are:

(a) $200.00 per inspection; plus

(b) Time and mileage per inspection. All time will be charged at a rate of $40 per hour. Mileage will be charged at the rate established by the Washington state office of financial management.

History

Statutory Authority: RCW 15.140.030, 15.140.060 and 2021 c 104. WSR 22-01-137, § 16-306-150, filed 12/14/21, effective 1/14/22. Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-150, filed 1/22/20, effective 2/22/20.

Wash. Admin. Code § 16-306-160 Hemp THC testing fees.

(1) Hemp will be tested for THC concentration in a department-run or approved laboratory as determined by the department using testing methods approved by the department.

(2) Hemp testing will take place at times and on dates determined by the department.

(3) Fees for hemp THC tests are paid by the licensee.

(4) No renewal licenses will be issued until all fees due to the department are paid in full.

(5) THC concentration testing fees for hemp when tested at the department's laboratory are established on a sliding rate scale. THC concentration testing will be scheduled by the department based on the availability of laboratory resources. Individual samples may be batched with samples from the same or different licensees in order to reduce the overall cost of the testing. For the purposes of this section, "batch" means a group of samples that are tested by the department on the same day, using the same equipment calibration and testing supplies to test each sample independently from other samples in the batch. The department will bill each licensee for the samples that licensee provides, based on batch size at the time of testing as shown in the following table:

| Batch Size | Testing Fee Per Sample | | --- | --- | | Batch of 1 sample | $1,000 | | Batch of 2 samples | $500 | | Batch of 3 samples | $334 | | Batch of 4 samples | $250 | | Batch of 5 samples | $200 |

(6) When THC concentration testing is performed at department-approved laboratories, testing fees will be subject to actual laboratory costs, including sample transportation.

History

Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-160, filed 1/22/20, effective 2/22/20.

Wash. Admin. Code § 16-306-170 Hemp noncompliance for THC concentration.

(1)(a) If a hemp producer licensee's hemp tests higher than the acceptable hemp THC level, the licensee may be subject to suspension or revocation of their license. The lot must be disposed of in a manner approved by the department. If determined to be appropriate, the department may give notice of noncompliance to appropriate law enforcement agencies and the Washington state liquor and cannabis board, with a summary of the actions taken to dispose of the noncompliant hemp.

(b) Producers must document the disposal of all noncompliant hemp. This documentation must be submitted to the department following the completion of the disposal process.

(2) If a licensee's hemp tests higher than 0.3 percent but less than 0.5 percent THC concentration, the licensee may either request a THC retest within 30 days or resampling of the same lot, at their own expense.

(3) If a licensee's hemp tests higher than 0.3 percent but less than 0.7 percent THC concentration, the licensee may remediate their crop using methods approved by the department. The remediated crop then must be resampled and retested within 30 days, at the licensee's own expense.

(4) If at any time a licensee's hemp tests higher than the acceptable hemp THC level, the licensee may be subject to revocation or suspension of their license.

History

Statutory Authority: RCW 15.140.030. WSR 22-19-033, § 16-306-170, filed 9/14/22, effective 10/15/22. Statutory Authority: RCW 15.140.030, 15.140.060 and 2021 c 104. WSR 22-01-137, § 16-306-170, filed 12/14/21, effective 1/14/22. Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-170, filed 1/22/20, effective 2/22/20.

Wash. Admin. Code § 16-306-180 License denial, suspension or revocation, and right to adjudicative proceeding.

Upon notice of intent by the department to an applicant to deny a hemp producer license, notice of intent to a licensee to suspend or revoke a license, notice of disposal of noncompliant hemp, or notice of a department finding that the licensee has committed a negligent or culpable violation, a person may request an adjudicative proceeding under chapter 34.05 RCW, the Administrative Procedure Act, and chapter 16-08 WAC.

History

Statutory Authority: RCW 15.140.030. WSR 22-19-033, § 16-306-180, filed 9/14/22, effective 10/15/22. Statutory Authority: RCW 15.140.030, 15.140.060 and 2021 c 104. WSR 22-01-137, § 16-306-180, filed 12/14/21, effective 1/14/22. Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-180, filed 1/22/20, effective 2/22/20.

Wash. Admin. Code § 16-306-190 Suspension of hemp license for noncompliance with a child support order.

(1) If the department receives notice under RCW 74.20A.320 that a hemp producer licensee is not in compliance with a child support order, the department will suspend or not renew the licensee's hemp license(s) until the department of social and health services provides the department with a release stating that the licensee is in compliance with the child support order. If a licensee's license is suspended, all hemp crops and products in the licensee's possession must remain on the licensee's registered land area until the suspension is lifted.

(2) The department may renew, reinstate, or otherwise extend the licensee's hemp license(s) upon receipt of a copy of the release specified in subsection (1) of this section.

History

Statutory Authority: RCW 15.140.030, 15.140.060 and 2021 c 104. WSR 22-01-137, § 16-306-190, filed 12/14/21, effective 1/14/22. Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-190, filed 1/22/20, effective 2/22/20.

Wash. Admin. Code § 16-306-200 Corrective action plans.

(1) When the department determines that a hemp producer has committed a negligent violation, the department will issue a notice of violation. This notice will include a corrective action plan. Producers shall not receive more than one negligent violation per calendar year. Negligent violations include, but are not limited to:

(a) Failing to provide an accurate legal description of land on which the producer produces hemp;

(b) Failing to obtain a license or other required authorization from the department; or

(c) Producing Cannabis sativa L. with delta-9 tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis.

(2) A hemp producer shall comply with a corrective action plan established by the department to correct the negligent violation. The corrective action plan will include:

(a) A reasonable date by which the hemp producer shall correct the negligent violation;

(b) A requirement that the hemp producer periodically report to the department, as applicable, on the compliance of the hemp producer with the regulations under this chapter for a period of at least two calendar years.

(3) Licensees may be subject to license suspension or revocation for violations of chapter 15.140 RCW, this chapter, or for failing to comply with a corrective action plan.

(4) A hemp producer that negligently fails to comply with the regulations under this chapter three times in a five-year period shall be ineligible to produce hemp for a period of five years beginning on the date of the third violation.

(5) The department will not consider hemp producers as committing a negligent violation by producing plants exceeding the acceptable hemp THC level if they use reasonable efforts to grow hemp and the plant does not have a THC concentration of more than 1.0 percent on a dry weight basis. For sampling and testing violations, the department will consider the entire harvest from a distinct lot in determining whether a violation occurred. This means that if testing determines that each sample of five plants from distinct lots has a THC concentration exceeding the acceptable hemp THC level (or 1.0 percent if the hemp producer has made reasonable efforts to grow hemp), this is considered one negligent violation. If an individual produces hemp without a license, this will be considered one violation.

(6) Hemp found to be produced in violation of this chapter such as hemp produced on a property not disclosed by the licensed producer, or without a license, is subject to the same disposal requirements as for hemp above the acceptable hemp THC level.

History

Statutory Authority: RCW 15.140.030. WSR 22-19-033, § 16-306-200, filed 9/14/22, effective 10/15/22. Statutory Authority: RCW 15.140.030, 15.140.060 and 2021 c 104. WSR 22-01-137, § 16-306-200, filed 12/14/21, effective 1/14/22. Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-200, filed 1/22/20, effective 2/22/20.

Wash. Admin. Code § 16-306-210 Culpable violations.

If the department determines a violation was committed with a culpable mental state greater than negligence, meaning, acts made intentionally, knowingly or with recklessness, the department will report the violation to USDA, the U.S. Attorney General, and the local law enforcement officer as applicable.

History

Statutory Authority: RCW 15.140.030. WSR 22-19-033, § 16-306-210, filed 9/14/22, effective 10/15/22. Statutory Authority: RCW 15.140.030, 15.140.060 and 2021 c 104. WSR 22-01-137, § 16-306-210, filed 12/14/21, effective 1/14/22. Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-210, filed 1/22/20, effective 2/22/20.

Wash. Admin. Code § 16-306-220 Venue for legal action.

The venue for any legal action under this chapter shall be Thurston County, Washington.

History

Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-220, filed 1/22/20, effective 2/22/20.

Chapter 16-309 Cannabis laboratory accreditation standards program.

Wash. Admin. Code § 16-309-010 Purpose of chapter.

Under the authority of chapter 15.150 RCW, the department adopts rules to establish and maintain quality standards for laboratories conducting analysis of recreational and medicinal cannabis. The standards are the elements used in the evaluation of a product's compliance with established product standards. These rules consist of method approval, method validation protocols, and performance measures and criteria applied to the testing of the product.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-010, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-020 Definitions.

"Accessioning" means the process of receiving and organizing samples for testing in a laboratory.

"Accreditation" means the formal recognition by the accrediting authority that a cannabis laboratory is capable of producing accurate and defensible analytical data. This recognition is signified by the issuance of a written certificate, accompanied by a scope of accreditation indicating the parameters for which the laboratory is accredited.

"Accreditation year" means the one-year period as stated on the certificate of accreditation.

"Accrediting authority" means the recognized agency that has the authority to perform audits and inspections to assure laboratories meet the standards established in rule and will issue, suspend, or revoke accreditation to the laboratory.

"Accuracy" means the degree to which an analytical result corresponds to the true or accepted value for the sample being tested. Accuracy is affected by bias and precision.

"Action level" means the level of concern, decision point, cutoff, or target level for an analyte that must be reliably identified or quantified to be considered positive in a sample.

"Aliquot" means a portion of a larger whole, especially a sample taken for chemical analysis or other treatment.

"Analyte" means the constituent or property of a sample measured using an analytical method.

"Analytical batch" means a group of samples, standards, and blanks which are analyzed together with the same method sequence and same lots of reagents and with the manipulations common to each sample within the same time period usually no more than 24 hours. Batch size is usually limited to instrument loading capacity.

"Analytical data" means the recorded qualitative and/or quantitative results of a chemical, physical, biological, microbiological, radiochemical, or other scientific determination.

"Analytical method" means a written procedure for acquiring analytical data.

"Autoclave" means a steam sterilizer device that is intended for use by a laboratory to sterilize biohazardous products by means of pressurized steam.

"Bias" means the difference between the expectation of the test result and the true value or accepted reference value. Bias is the total systematic error, and there may be one or more systematic error components contributing to the bias.

"Biohazardous" means products that are infectious, and sharps materials such as needles and broken glass.

"Biosafety cabinet (BSC)" means biocontainment equipment used in biological laboratories to provide personnel, environmental, and product protection.

"Blank" means a substance that does not contain the analytes of interest and is subjected to the usual measurement process. Blanks can be further classified as method blanks, matrix blanks, reagent blanks, system blanks, and field blanks. Response for target analytes must be less than 50 percent of the limit of quantitation.

"Board" means the Washington state liquor and cannabis board.

"Calibration" means determination of the relationship between the observed analyte signal generated by the measuring/detection system and the quantity of analyte present in the sample measured. Typically, this is accomplished through the use of calibration standards containing known amounts of analyte.

"Calibration curve" means the functional relationship between instrument response and target analyte concentration determined for a series of calibration standards. The calibration curve is obtained by plotting the instrument response versus concentration and performing a regression analysis of the data.

"Calibration standard (CalS)" means a known amount or concentration of analyte used to calibrate the measuring/detection system. May be matrix matched for specific sample matrices.

"Cannabis laboratory analytical standards program (CLASP)" means the interagency coordination team for cannabis laboratory quality standards. The team consists of the department of agriculture (WSDA), the liquor and cannabis board (LCB), and the department of health (DOH). The WSDA is the designated lead agency for the team.

"Cannabis laboratory" or "laboratory" means a facility:

(a) Under the ownership and technical management of a single entity in a single geographical location;

(b) Where scientific determinations are performed on samples taken from cannabis plants and products; and

(c) Where data is submitted to the customer or regulatory agency, or other entity requiring the use of an accredited laboratory under provisions of a regulation, permit, or contractual agreement.

"Carryover" means residual analyte from a previous sample or standard which is retained in the analytical system and measured in subsequent samples. Also called memory.

"Certified reference material (CRM)" means a reference material accompanied by documentation (certificate) issued by an authoritative body and providing one or more specified property values with associated uncertainties and traceability, using valid procedures.

| Note: | Standard reference material (SRM) is the trademark name of CRMs produced and distributed by the National Institute of Standards and Technology (NIST). | | --- | --- |

"Certifying scientist" means the person authorized by the scientific director to review the analytical results and issue the certificate of analysis for cannabis samples who has the education, training, and competencies to perform such duties. No certifying duties may be performed by any technical personnel directly involved with the conduct of the analytical findings or testing.

"Clean room" means an isolated environment, strictly controlled with respect to: Airborne particles of viable and nonviable nature, temperature, humidity, air pressure, air flow, air motion, and lighting.

"Continuing calibration verification standard (CCV)" means one of the primary calibration standards used to verify the acceptability of an existing calibration.

"Control" means a sample used to evaluate whether an analytical procedure or test is operating within predefined tolerance limits.

"Corrective action" means the process of identifying and eliminating the cause of a problem to prevent it from happening again.

"Cut-off concentration" means, in qualitative analysis, the concentration of the analyte that is either statistically lower than the level of concern (for limit tests) or at which positive identification ceases (for confirmation of identity methods).

"Decision point" means the level of concern, action level, cutoff, or target level for an analyte that must be reliably identified or quantified to be considered positive in a sample.

"Department" means the state of Washington department of agriculture when the term is not followed by another state designation.

"High complexity testing" means laboratory tests that require a level of expertise to perform the test due to the complexity of the test methodology and the risk of erroneous results. These tests require a higher level of scientific knowledge and experience, troubleshooting skills, and quality control checks.

"Initial calibration blank (ICB)" means an aliquot that consists of the same solvent used for the calibration standards, but without the analytes, analyzed following the initial calibration and prior to quantitating any samples to verify the absence of instrumental interferences.

"Initial calibration verification (ICV)" means a second source standard that is used to verify the correctness of the primary source calibration curve. This standard is initially analyzed prior to sample analysis.

"Incubation" means the act of storing microorganisms at a predetermined temperature, for a predetermined amount of time, to allow for growth of microorganism colonies.

"Inoculation" means the act of introducing microbes into a culture media to induce reproductive growth.

"Interference" means a positive or negative response or effect on response produced by a substance other than the analyte. Includes spectral, physical, and chemical interferences which result in a less certain or accurate measurement of the analyte.

"Intermediate precision" means within-laboratory precision obtained under variable conditions, e.g., different days, different analysts, and/or different instrumentation.

"Internal standard (IS)" means a chemical added to the sample, in known quantity, at a specified stage in the analysis to facilitate quantitation of the analyte. Internal standards are used to correct for matrix effects, incomplete spike recoveries, etc. Analyte concentration is deduced from its response relative to that produced by the internal standard. The internal standard must have similar physio-chemical properties to those of the analyte.

"Laboratory control sample (LCS)" means a portion of respective matrix blank that is spiked with known quantities of target analytes and processed as if it were a sample. The LCS is used to evaluate the accuracy of the methodology.

"Laboratory information management system (LIMS)" means a computer software system that is used to collect information about a sample, track results through the testing process, and disseminate the final results to the customer and regulating agency.

"Limit" means a point or level beyond which something does not or may not exceed or pass. Something that bounds, restrains, or confines to the utmost extent. Limits are used to define a specific concept in analysis. Decision points and action levels are examples of limits.

"Limit of detection (LOD)" means the minimum amount or concentration of analyte that can be reliably distinguished from zero. The term is usually restricted to the response of the detection system and is often referred to as the detection limit. When applied to the instrument capability it is known as an instrument detection limit (IDL) or when applied to the complete analytical method it is often referred to as the method detection limit (MDL).

"Limit of quantitation (LOQ)" means the minimum amount or concentration of analyte in the test sample that can be quantified with acceptable precision and accuracy. Limit of quantitation (or quantification) is variously defined but must be a value greater than the MDL and applies to the complete analytical method.

"Linearity" means the ability of a method, within a certain range, to provide an instrumental response or test results proportional to the quantity of analyte to be determined in the test sample.

"Low complexity testing" means laboratory tests that require little to no expertise to perform the test due to the lack of complexity of the test methodology and the low risk of erroneous results. These tests require a low level of scientific knowledge and experience, troubleshooting skills, and quality control checks.

"Matrix" means the material to be analyzed including, but not limited to, flower, trim, leaves, other plant matter, cannabis concentrate, cannabis infused, and edibles.

"Matrix blank" means a substance that closely matches the samples being analyzed with regard to matrix components. Ideally, the matrix blank does not contain the analyte(s) of interest but is subjected to all sample processing operations including all reagents used to analyze the test samples. The matrix blank is used to determine the absence of significant interference due to matrix, reagents, and equipment used in the analysis.

"Matrix effect" means an influence of one or more components from the sample matrix on the measurement of the analyte concentration or mass. Matrix effects may be observed as increased or decreased detector responses, compared with those produced by simple solvent solutions of the analyte.

"Matrix spike (MS)" means an aliquot of a sample prepared by adding a known amount of analyte(s) to a specified amount of matrix. A matrix spike is subjected to the entire analytical procedure to establish if the method is appropriate for the analysis of a specific analyte(s) in a particular matrix. Also referred to as a laboratory fortified matrix.

"Matrix spike duplicate (MSD)" means a replicate of a sample that has known concentrations of analytes added to it. It is used to evaluate the precision and bias of a method for a specific sample matrix. A matrix spike duplicate is processed along with the same sample batch and follows the same sample preparation and analytical testing.

"Method" means a particular procedure that systematically describes how a cannabis test is performed and analyzed.

"Method validation" means the process of demonstrating or confirming that a method is suitable for its intended purpose. Validation criteria include demonstrating performance characteristics such as accuracy, precision, selectivity, limit of detection, limit of quantitation, linearity, range, ruggedness, and robustness.

"Method validation report" means documentation generated detailing the evidence which established the suitability of the method for its intended use.

"Moderate complexity testing" means laboratory tests that require a level of expertise to perform the test due to the complexity of the test methodology and the risk of erroneous results. These tests require a moderate level of scientific knowledge and experience, troubleshooting skills, and quality control checks.

"Parameter" means the combination of one or more analytes determined by a specific analytical method.

"Performance criteria" means defined, measurable performance characteristics of an analytical method or process-specific requirements for accuracy, precision, recovery, specificity (selectivity), sensitivity (limits of detection), inclusivity, exclusivity, linearity, range, and scope of application. Criteria may also be set by defining process (i.e., method validation protocols).

"Performance-based methods approach" means or conveys "what" needs to be accomplished, but not prescriptively "how" to do it. It is a measurement system based upon established performance criteria for accuracy and precision with use of analytical test methods. Under this measurement system, laboratories must demonstrate that a particular analytical test method is acceptable for demonstrating compliance. Performance-based method criteria may be published in regulations, technical guidance documents, permits, work plans, or enforcement orders.

"Precision" means the closeness of agreement between independent test results obtained under specified conditions. This is described by statistical methods such as a standard deviation or confidence limit of test results. See also "random error." Precision can be further classified as repeatability, intermediate precision, and reproducibility.

"Preparation batch" means samples that are prepared and/or analyzed together with the same process and personnel, using the same lot(s) of reagents. A preparation batch consists of one to 20 samples (not including matrix blanks, LCS, matrix spikes and matrix duplicates) of the same matrix.

"Proficiency testing (PT)" means evaluation of the results from the analysis of samples, the true values of which are known to the supplier of the samples but unknown to the laboratory conducting the analyses.

"Proficiency testing provider" means a third-party company, organization, or entity not associated with certified laboratories or a laboratory seeking certification that is approved by the department and provides samples for use in PT testing.

"Qualitative analysis/method" means analysis/method in which substances are identified or classified on the basis of their chemical, biological, or physical properties. The test result is either the presence or absence of the analyte(s) in question.

"Quality assurance (QA)" means activities intended to assure that a quality control program is effective. A QA program is a totally integrated program for assuring reliability of measurement data.

"Quality assurance (QA) manual" means a written record intended to assure the reliability of measurement data. A QA manual documents policies, organization, objectives, and specific QC and QA activities.

"Quality control (QC)" means the routine application of statistically based procedures to evaluate and control the accuracy of analytical results.

"Quantitative analysis/method" means analysis/method in which the amount or concentration of an analyte may be determined (or estimated) and expressed as a numerical value in appropriate units with acceptable accuracy and precision.

"Random error" means component of measurement error that in replicate measurements varies in an unpredictable manner. See also "precision."

"Range" means the interval of concentration over which the method provides suitable accuracy and precision.

"Reagent blank" means reagents used in the procedure taken through the entire method. Reagent blanks are used to determine the absence of significant interference due to reagents or equipment used in the analysis.

"Recovery" means the proportion of analyte (incurred or added) remaining at the point of the final determination from the analytical portion of the sample measured. Commonly expressed as a percentage.

"Reference material" means a material, sufficiently homogeneous and stable with respect to one or more specified properties, which has been established to be fit for its intended use in a measurement process or in examination of nominal properties.

"Reference standard" means a standard, generally having the highest metrological quality available at a given location in a given organization, from which measurements are made or derived.

| Note: | Generally, this refers to recognized national or international traceable standards provided by a standards producing body such as the National Institute of Standards and Technology (NIST). | | --- | --- |

"Relative percent difference (RPD)" means the comparison of two quantities while taking into account the size of what is being compared as calculated:

| percent RPD=|(sample – duplicate)|/((sample + duplicate)/2) * 100 | | --- |

"Repeatability (RSDr)" means precision obtained under observable conditions at a specific concentration/spike level where independent test results are obtained with the same method on identical test items in the same test facility by the same operator using the same equipment within short intervals of time.

"Representative matrix" means a cannabis matrix used to assess probable analytical performance with respect to other matrices, or for matrix-matched calibration, in the analysis of broadly similar cannabis products.

"Reproducibility (RSDR)" means precision obtained at a specific concentration/spike level under observation conditions where independent test results are obtained with the same method on identical test items in different test facilities with different operators using different equipment.

"Ruggedness/robustness" means a measure of the capacity of an analytical procedure to remain unaffected by small but deliberate variations in method parameters and provides an indication of its reliability during normal usage.

"Sample" means representative portion of material taken from a larger quantity of homogenate for the purpose of examination or analysis, which can be used for judging the quality of a larger quantity for the purpose of compliance.

"Sample package" means the sealed, tamper-resistant container (e.g., plastic bag, box, etc.) which contains the quality control sample and transportation manifest from grower or producer collection.

"Scientific director" means the individual with the proper education and training responsible for the overall laboratory operations, compliance, and training of personnel.

"Selectivity" means the extent to which a method can determine particular analyte(s) in a mixture(s) or matrix(ces) without interferences from other components of similar behavior. Also known as specificity.

"Sensitivity" means the change in instrument response which corresponds to a change in the measured quantity (e.g., analyte concentration). Sensitivity is commonly defined as the gradient of the response curve or slope of the calibration curve at a level near the LOQ.

"Shipping container" means the container (e.g., box, mailer, bag) in which the collector, or laboratory has placed one or more sample packages for transport.

"SI" means the international system of units and more commonly known as the metric system. This is the international standard for measurement. Critical laboratory measurements must be traceable to this system.

"Signal to noise ratio (SNR)" means a measure that compares the level of desired signal of an analyte to the level of background noise from the instrument thus establishing the instrument's ability to differentiate between the two.

"Specificity" means the ability of a method to measure analyte(s) in the presence of components which may be expected to be present.

"Spike recovery" means the fraction of analyte remaining at the point of final determination after it is added to a specified amount of matrix and subjected to the entire analytical procedure. Spike recovery is typically expressed as a percentage. Spike recovery must be calculated for the method as written. For example, if the method prescribes using deuterated internal standards or matrix-matched calibration standards, then the reported analyte recoveries must be calculated according to those procedures.

"Spore bioindicators" means a biological indicator that is made up of a carrier material, on which bacterial spores with a defined resistance to the sterilization process have been applied.

"Standard operating procedures (SOP)" means a written document that details the method for an operation, analysis, or action with thoroughly prescribed techniques and steps, and that is officially approved as the method for performing certain routine or repetitive tasks.

"Standard reference material (SRM)" means a certified reference material issued by the National Institutes of Standards and Technology (NIST) in the United States.

"Standard (solution)" means a solution containing a precisely known concentration of an element, analyte, or a substance.

"Sterilization" means a validated process used to render a product free of all forms of viable microorganisms.

"Stock standard" means a concentrated solution of method analyte(s) prepared in the laboratory from referenced and certified analyte standards, where available, or a concentrated solution of method analyte(s) purchased directly from a referenced and certified source, where available.

"Surrogate (SUR)" means a pure compound that shall not be found in any sample but is similar in nature to the compounds of interest. This compound is added to a sample in a known amount before processing to monitor method performance for each sample. It is quantified in a manner analogous to that used for the analytes. The SUR is useful in ensuring that there were no problems in sample preparation.

"Systematic error" means component of measurement error that in replicate measurements remains constant or varies in a predictable manner. This may also be referred to as bias.

"Target analytes" means those analytes required to be tested on samples by the laboratory as defined in chapter 314-55 WAC.

"Testing personnel" means those qualified on the basis of education, training, experience and demonstrated skills to perform analytical testing on cannabis, cannabis concentrates, and cannabis infused products.

"Uncertainty" means nonnegative parameter characterizing the dispersion of the values being attributed to the measured value.

"Unidirectional flow" means performing a standard operating procedure in a single direction to reduce the risk of microbiological contamination.

"Upper level of linearity (ULOL)" means the highest level at which an instrument can measure the concentration of a substance accurately within an acceptable measure of deviation.

"Validated methods" means the methods that have undergone validation.

"Validation (method)" means the process of demonstrating or confirming the performance characteristics through assessments of data quality indicators for a method of analysis.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-020, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-030 Laboratory instructions.

(1) A cannabis testing laboratory must be accredited by the accrediting authority prior to conducting quality assurance tests on any cannabis flower or products derived under chapter 69.50 RCW.

(a) Accredited labs must conspicuously display the accreditation letter received by the accrediting authority at the lab's premises in a location where a customer may observe it unobstructed in plain sight.

(b) The laboratory must maintain a list of all tests they are currently accredited to test.

(2) The laboratory must identify potential conflicts of interest among key personnel in the organization that have involvement or influence on the testing activities of the laboratory.

(a) The laboratory conducting third-party testing must be independent of other cannabis businesses and have no financial interest in another cannabis license, excluding multiple lab accreditations.

(b) If a potential conflict of interest is identified, the laboratory must notify the accrediting authority for review, determination, and resolution of the conflict.

(3) The customer's confidential information and proprietary rights must be protected by the laboratory. The laboratory must maintain policies and procedures to protect confidential information.

(4) Cannabis labs must report certificate of analysis test results both to the customer and directly to the board in the required format(s).

(5) The department, board, and or accrediting authority may require the laboratory to submit raw data and information related to testing. The laboratory must keep and maintain all raw data and testing information for a period of five years.

(6) Laboratories must conduct an internal audit of laboratory operations to verify compliance with the accreditation checklist within 60 days of their scheduled audit. This self-audit will be reviewed by the accrediting authority at their yearly laboratory audit.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-030, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-040 Laboratory personnel.

(1) The laboratory must have a training and retraining program for all personnel that is kept current and is documented and maintained with personnel records.

(2) The laboratory must maintain personnel files on all employees detailing their qualifications and duties for all positions that include:

(a) Resume of training and experience.

(b) Job description of current position.

(d) Copies of diploma(s).

(e) Training checklists which include what training was performed, who did the training, and when it was performed.

(f) Documentation of continuing education, if any.

(g) Documentation of demonstrated abilities and competencies.

(3) The laboratory must document the technical staff's competency for each method performed on a yearly basis demonstrating their abilities to perform their specific job functions. Completion must be signed and dated by the scientific director.

(a) Demonstration of competencies include performing instrument setup or maintenance, sample handling, extractions, testing on each instrument used, quality control acceptance, and reporting of results.

(b) Testing personnel must demonstrate acceptable performance on precision, accuracy, selectivity, reportable ranges, blanks, and unknown challenges through the use of proficiency samples or internally generated quality controls. Completion must be signed and dated by the scientific director.

(4) The laboratory must have a personnel organization chart showing the chain of command and responsibilities approved, initialed, and dated by the scientific director.

(5) The scientific director may delegate some responsibilities in their absence or for other management staff. The delegation must be in writing, indicating what functions are being delegated (i.e., quality control data review, assessment of competency, or review of proficiency testing performance), and the delegate must be qualified and approved by the scientific director.

(6) If the laboratory performs microbiological testing, at least one member of the laboratory staff must have a bachelor's degree in a biological or clinical laboratory science or medical technology from an accredited institution, or associate degree in a biological or clinical laboratory science or medical laboratory technology from an accredited institution. The scientific director may satisfy this requirement if they hold a biological or clinical laboratory science degree or medical technology from an accredited institution, as described in WAC 16-309-050.

(7) All staff must be properly trained and evaluated for proper test performance prior to starting sample testing and reporting results.

(8) The accrediting authority may waive the academic requirements listed in WAC 16-309-050 through 16-309-070, on a case-by-case basis, for highly experienced analysts. The accrediting authority may also waive the need for the specified training, on a case-by-case basis, for supervisors of laboratories associated with testing of cannabis and cannabis products.

(9) Laboratory testing personnel must be supervised by persons familiar with test methods and procedures.

(10) Supervisors of testing personnel must meet one of the qualifications for a scientific director or have at least a bachelor's degree in one of the natural sciences and three years of full-time laboratory experience in a regulated laboratory environment performing analytical scientific testing. A combination of education and experience may substitute for the three years of full-time laboratory experience.

(11) The laboratory must designate a quality assurance manager or officer with defined responsibilities for ensuring the quality system is implemented and followed. The QA manager must be a separate person from the scientific director.

(12) The laboratory must report to the accrediting authority any change in the status of the scientific director. A laboratory cannot be without a scientific director for more than 30 days.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-040, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-050 Scientific director.

(1) Each laboratory must employ a scientific director to ensure the achievement and maintenance of quality standards of practice who meets the following minimum qualifications:

(a) Must possess a doctorate in the chemical or microbiological sciences from a college or university accredited by a national or regional certifying authority with a minimum of two years post-degree laboratory experience; or

(b) A master's degree in the chemical or microbiological sciences from a college or university accredited by a national or regional certifying authority with a minimum of four years of post-degree laboratory experience; or

(c) A bachelor's degree in the chemical or microbiological sciences from a college or university accredited by a national or regional certifying authority with a minimum of six years of post-education laboratory experience.

(2) The scientific director must have supervisory authority over all personnel involved with the accessioning, testing and storage of samples, and the reporting of results.

(3) The scientific director is not required to have direct supervisory authority over client service or IT personnel. However, they are responsible for ensuring laboratory compliance with chapters 314-55 and 246-70 WAC and this chapter, even if functions are performed by staff outside the cannabis laboratory (e.g., another department, off-site staff, corporate staff) ensuring that the confidentiality of reported results is maintained.

(4) The scientific director's responsibilities include, but are not limited to:

(a) Engaging in and responsible for the daily management of the laboratory;

(b) Establishing a training program for personnel;

(d) Ensuring that all personnel have demonstrated proficiency in assigned duties prior to working independently on customer cannabis samples;

(e) Ensuring that the standard operating procedures (SOP) manual is complete, current, available, signed, and followed by all personnel;

(f) Reviewing and approving any requests to modify analytical methods and documentation;

(g) Ensuring that all personnel are properly informed, and training documented when changes occur in the SOP;

(h) Ensuring that analytical methods are properly validated;

(i) Establishing a quality assurance program sufficient to legally and scientifically support results;

(j) Establishing acceptable performance limits for calibrators and controls;

(k) Ensuring that corrective action is taken in response to unacceptable QC performance or when other errors occur;

(l) Ensuring that results are not reported until after corrective actions have been taken and that the results provided are accurate and reliable;

(m) Fully understanding the function of the laboratory information management systems (LIMS) and other laboratory computer systems in sample receiving, accessioning, chain of custody, testing, and the review and reporting of results;

(n) Ensuring that the LIMS software and other software in the laboratory have been properly validated;

(o) Fully understanding the role of any external service providers and the functions of external information systems and computer systems in the laboratory's activities associated with cannabis testing;

(p) Ensuring that external information systems and software used by the laboratory have been properly validated;

(q) Ensuring that corrective actions are taken in response to issues identified in the inspection and proficiency testing (PT) phases of the program;

(r) Demonstrating knowledge of the cannabis regulatory documents and the cannabis laboratory analysis standards program.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-050, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-060 Laboratory personnel performing high complexity testing.

Personnel performing high complexity testing must be qualified on the basis of education, training, experience and demonstrated skills, and must meet the following minimum requirements:

(1) Have a bachelor's degree in a chemical, physical, biological, or clinical laboratory science or medical technology from an accredited institution; or

(2) Must have an associate degree in a laboratory science (chemical or biological science) or medical laboratory technology from an accredited institution; or

(3) Have education and training equivalents that includes at least 60 semester hours, or equivalent, from an accredited institution that, at a minimum, includes either:

(a) Twenty-four semester hours of medical, clinical, or chemical laboratory technology courses; or

(b) Twenty-four semester hours of science courses that include:

(i) Six semester hours of chemistry;

(ii) Six semester hours of biology; and

(iii) An additional 12 semester hours of chemistry, biology, or medical laboratory technology in any combination;

(d) Be approved by the scientific director to perform the test.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-060, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-070 Laboratory personnel performing moderate complexity testing.

Personnel performing moderate complexity testing must be qualified on the basis of education, training, experience and demonstrated skills, and must meet the following minimum requirements:

(1) Have at least a high school diploma or equivalent;

(2) Have documented training to perform the test;

(3) Have the skills required for performing preventive maintenance, troubleshooting, and calibration procedures related to each test performed;

(4) Have the skills required to implement the quality control policies and procedures of the laboratory;

(5) Have the awareness of factors that influence test results;

(6) Be evaluated for competencies to perform the test by someone who is already qualified to perform the test;

(7) Be approved by the scientific director to perform the test.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-070, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-080 Laboratory personnel performing low complexity testing.

Personnel performing low complexity testing must be qualified on the basis of education, training, experience and demonstrated skills, and must meet the following minimum requirements:

(1) Have at least a high school diploma or equivalent;

(2) Have training to perform the test;

(3) Be evaluated for competencies to perform the test by someone who is already qualified to perform the test;

(4) Be approved by the scientific director to perform the test.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-080, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-090 Standard operating procedures.

(1) The laboratory must have a complete and current standard operating procedures (SOP) manual that describes in detail all laboratory operations and ensures all samples are tested in a consistent manner using the same procedures.

(2) Copies of relevant sections of the SOP must be available to all staff in their work areas.

(3) The scientific director must review and show written approval of all sections of the SOP dating when they were implemented. An itemized list of changes and versions made within the last five years must be documented on a summary of changes sheet for each section.

(4) The SOP must include a safety manual, procedure, or policy that describes specific precautionary issues throughout the lab that makes employees aware of, and know how to safely maneuver through, the issue as described in the OSHA laboratory safety guidance document.

(5) The SOP must include a procedure for decontamination and cleaning of instruments, bench space, and ventilation and microbial hoods.

(6) The SOP must include testing procedures that include pertinent information for the scope and complexity of the procedure, including:

(a) Title that identifies the activity or procedure;

(b) Scope and principle;

(d) Calibration and control preparation and usage protocol;

(e) Instrumentation, equipment, materials and supplies used;

(f) Instrument settings, data acquisition, system operation, parameters and conditions for testing;

(g) Procedure for sample preparation and testing;

(h) Results review and acceptability;

(i) Additional information, notes, safety requirements, and precautions to include calculations, interferences, limitations, background corrections, and proper disposal of lab waste including biohazardous waste and cannabis waste compliant with WAC 314-55-097; and

(j) References.

(7) The SOP must include a policy for the use of personal protective equipment (PPE) when working with samples, reagents, chemicals, or potential hazards in the workplace along with a written and documented system on the competency of personnel on how to handle chemical spills and the use of chemical spill kits.

(8) The SOP must include a policy for limiting access to controlled areas of testing, storage of samples, disposal of samples, and records. Personnel must be assigned limited access according to their job responsibilities.

(9) The SOP must include a policy or procedure informing employees how to interact with law enforcement should they request information or come on-site for regulatory issues.

(10) The SOP must include a policy or procedure that informs employees and staff what tasks need to be performed and what information or documents need to be gathered prior to an audit or inspection.

(11) The SOP must include information on the proper handling and disposal of used and unused samples once testing is completed.

(12) The SOP must include information on how employees can access medical attention for chemical or other exposures, including follow-up examinations, without cost or loss of pay.

(13) The SOP must include a record or log of any deviations from the SOP detailing the reason for the deviation, the date, and approval from the scientific director.

(14) The laboratory must maintain retired procedures for at least five years beyond the retirement date and must be able to reconstruct the procedures that were in effect when a given sample was tested.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-090, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-100 Sampling and homogenization protocols.

(1) Upon receipt, the laboratory must inspect each sample package and transportation manifest, assuring they meet the following minimum requirements:

(a) Each sample package must have a transportation manifest accompanying it to the laboratory.

(b) Each manifest must have the identifying information on it documented at the time of collection prior to sending it to the laboratory.

(d) The laboratory must reject samples when the sample ID number or label on sample container does not match the sample ID number or label on the manifest or when the container shows evidence of tampering.

(2) The laboratory must transfer samples to a secure, limited access area of the laboratory upon receipt for processing and analysis.

(3) Receipt of samples must be documented as to condition of the package, who took possession, and whether there were any unacceptable conditions.

(4) The laboratory must document all persons handling the original sample, aliquots, and extracts.

(5) The laboratory must establish the minimum volume or weight required to conduct all testing requested and any additional tests (i.e., repeat tests, differential tests, or reflex tests) that may be required.

(6) The laboratory must establish storage requirements for all sample types upon receipt at the lab.

All samples received for residual solvent testing must have an aliquot placed in an enclosed container that minimizes the evaporation of any solvents that may be present as soon as possible upon receipt.

(7) Samples that do not undergo initial testing within seven days of arrival at the laboratory must be placed in a secure temperature-controlled storage until testing.

(8) Samples must be handled in a way that avoids cross-contamination during aliquoting and handling by keeping other samples closed and out of the immediate vicinity. Analyte standards must be handled in areas separate from sample preparation areas.

(9) It is not acceptable to reuse any labware that comes into contact with samples or aliquots until after proper cleaning. Labware, equipment, and surfaces must be properly cleaned between each sample preparation or handling.

(10) All disposable pipettes/sample measuring devices can be used only once and must be discarded after use to prevent the possibility of cross-contamination.

(11) Aliquots must be labeled with a unique identifier assigned to the sample both with a barcode and in human-readable form, or just in human-readable form.

(12) When multi-well plates are used for testing, the laboratory must ensure the correct sample is aliquoted into the correct plate well and map the location of each sample on the plate.

(13) The laboratory must have a system to easily retrieve and track samples that are maintained in storage.

(14) Laboratories must ensure sample homogenization is appropriate for each test method performed.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-100, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-110 Security.

(1) Laboratories must control and document access into operation areas (e.g., accessioning, data entry, sample handling, analytical, certification), along with sample storage areas, and records storage areas during both operating and nonworking hours.

(2) Individuals who do not have routine duties in secured areas (with the exception of auditors and emergency personnel) must be escorted, and their entries and exits must be properly documented (i.e., date, time of entry and exit, purpose of visit, and authorized escort).

(3) If a laboratory uses external service provider(s) to perform services on the laboratory's behalf (i.e., records storage, software service provider, or cloud service providers), the laboratory must show due diligence in verifying that the service provider has procedures in place to protect the confidentiality, integrity, and availability of data for the services that they will perform. The laboratory is responsible for ensuring the external service provider is in compliance with applicable requirements.

(4) Samples must be stored in a limited access, secured area.

(5) Only personnel who are assigned to the limited access, secured area can have unescorted access.

(6) Samples may be transported outside a secured area if they are in the custody of an authorized individual who is moving them to another secured location.

(7) Laboratories must maintain physical custody of samples and are not allowed to delegate sample storage to external service providers.

(8) Original hard copy records for reported samples must be maintained in a secure room, area, or file cabinet at all times suitable to prevent damage or deterioration and to prevent loss.

(9) Laboratories may use off-site record storage locations or services if they meet the limited access and security requirements listed above.

(10) The laboratory must establish a system to ensure records are protected from loss or accidental destruction. This could include backup copies of electronic records, cloud storage, or off-site secured storage of back up tapes or disks.

(11) The laboratory must establish a procedure for documenting record retrieval, removal, and disposal assuring destruction is only allowed on records held past the five-year storage requirement.

(12) The laboratory must establish a procedure for securing documents past the five-year storage requirement when specifically requested by the accrediting authority or for legal purposes.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-110, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-120 Quality control and assurance.

(1) The laboratory must develop and maintain an extensive quality control (QC) program which involves the concurrent analysis of calibrators and controls with samples to demonstrate if the analytical system is operating within defined tolerance limits and that random and systematic errors can be identified in a timely manner.

(2) Laboratories must use controls that evaluate the performance of the sample prep and analytical instrument(s) in each preparation batch and must monitor the results of those samples within each batch and across batches for methods that include:

(a) A negative or blank control to demonstrate the assay(s) ability to perform without interference or contamination.

(b) A CCV above the cutoff or decision point but below the upper limit of linearity. Using a calibrator from the initial calibration is an acceptable CCV.

(c) A matrix spike (MS) and matrix spiked duplicate (MSD) at least every 20 samples per matrix for high complexity tests.

(d) If a matrix is not available, a representative matrix may be used and must be spiked at a concentration above the action limit with the target analytes. This is also known as a laboratory control sample (LCS).

(e) A laboratory control sample (LCS) may be used in place of a continuing calibration verification (CCV)(but not as a replacement for a failing CCV) for methods where the calibration goes through the same process as the LCS.

(f) A sample duplicate and a singular matrix spike is acceptable, when a matrix spike duplicate is not used, for each preparation batch.

(3) Positive control materials must be processed in the same manner and included with the test sample batches through the entire testing process. This does not include the ICV or CCV.

(4) Calibration curves must be verified from a second source including, but not limited to, an ICV. Laboratories must use a standard obtained from a second manufacturer if available for purchase. Laboratories may use a separate lot prepared independently by the same manufacturer if a standard obtained from a second manufacturer is unavailable for purchase. The ICV must include all required analytes for each analysis performed.

(5) Laboratories must use reference standards that are traceable to a primary standard through a certificate of analysis, when possible.

(6) Laboratories must use surrogate analytes or internal standards for all high complexity testing. Internal standard response must be within 50-200 percent of the response of a midpoint initial calibration standard.

(7) The use of quality control material must determine the accuracy and precision of all required analytes in each analyses performed.

(8) For any method in which quality control acceptance criteria is not defined, the criteria must not exceed 30 percent.

(9) New lots of reagents, calibrators, and control material must be validated against a currently validated calibration or method before it is put into service.

(10) All control results must be documented in a manner to allow the laboratory to detect instrument or process failure and to identify trends or bias.

(11) Quality control results must be reviewed by a qualified analyst and must meet the acceptance limits prior to reporting out sample results.

(12) Cumulative quality control records must be reviewed by the individual responsible for oversight of the laboratory's QC program on a regular basis so that they can detect assay problems, trends, shifts, and bias.

(13) The laboratory must have procedures describing corrective action to be taken and take action when cumulative control results show evidence of problems. Control records must include documentation of the specific problem noted and documented evidence of the corrective actions to resolve the problem.

(14) The laboratory must use notebooks, logbooks, or other electronic means of communicating with staff regarding issues, problems, or communications between shifts.

(15) The laboratory must have a quality assurance manual, policy, or procedure to identify operational procedures, organization objectives, functional activities, and quality control activities designed to achieve quality goals desired for operation of the lab.

(16) The laboratory must designate a quality manager who, irrespective of other duties and responsibilities, must have defined responsibility and authority for ensuring that the quality system is implemented and followed. The quality manager must have direct access to the highest level of management at which decisions are made on laboratory policy or resources.

(17) The laboratory's quality assurance plan must measure meaningful data throughout laboratory processes that establish thresholds or limits for the indicators to trigger evaluation of the services if not met. Meaningful indicators established within the laboratory can be qualitative or quantitative and may be related to structure, processes, or outcome of the service involved.

(18) The quality assurance data must be reviewed by the scientific director on an ongoing basis that allows timely identification of problems to catch trends or issues early enough to make changes.

(19) The laboratory must maintain documentation and tracking of failed samples and batches like all other data and must make them available when requested.

(20) Instruments that use a multipoint curve must be calibrated using a minimum of a four-point curve with the first calibrator at the LOQ. No blanks can be used as a point unless required by the manufacturer. The linear correlation determination (r^2) must be ≥ 0.9950 or the correlation coefficient (r) must be ≥ 0.9975, unless otherwise specified in a CLASP-approved method. Linear regression with 1/x or no weighting must be used. Forcing the curve through zero is not allowed.

(21) To ensure the quality of data for mass spectrometry methods, the laboratory must:

(a) Perform mass spectrometric tuning at relevant frequencies or at the frequency specified by the manufacturer.

(b) Ensure method performance by comparing transitions and retention times between duplicated controls, calibrators, and samples.

(c) Use an internal or external standard to minimize errors caused by evaporation of solvents and injection errors or discrepancies.

(d) Have a detailed procedure for the manual integration of any peaks, including the review of automated integration and adjustments.

(e) Maintain all information necessary for reconstruction of the data.

(22) To ensure the quality of data for an immunoassay method, the laboratory must:

(a) Ensure functionality of new test kits and reagent lots by utilizing positive and negative controls.

(b) Ensure absorbance intensity is within the acceptable range as defined by the manufacturer.

(i) Different levels of positive controls to challenge the low and high end of the corresponding curve assuring results are reliable throughout the whole range of the curve;

(ii) A negative or blank control to demonstrate the assay's ability to distinguish a positive from a negative and to perform without interference or contamination.

(d) Perform second source verification by utilizing a control separate from calibration material:

(i) For multianalyte assays, calibration curves and controls must be specific for each analyte;

(ii) Control analytes with similar chemical properties as the target analyte may be used.

(23) The laboratory may verify expired neat analytical standards if the standard is recertified by the vendor and new documentation is obtained or the standard is verified by comparison to unexpired neat standard. The response factors must be within 10 percent to be considered fit for purpose. Verified expired standards must be recorded in the verification logs.

(24) The laboratory may only report quantitative results that are above the limit of quantification and below the upper limit of linearity.

(25) The laboratory must use at minimum reagent grade acids and bases, ultra-high purity grade gases, Type II water, and analytical quality materials in the preparation of standards and sample processing.

(26) Laboratory records must be legible and in ink or computerized system. Documents must be signed and dated. Changes must be initialed and dated, and there must be evidence of periodic review.

(27) When corrective action is needed, the laboratory must identify and document the issue, determine a plan for corrective actions, evaluate the results from the plan, and ensure that sample results are not reported until after the corrective actions have provide accurate and reliable results.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-120, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-130 Facilities, equipment, and maintenance.

(1) Facilities where laboratory testing is performed must be designed for dealing with preanalytical, analytical, and postanalytical functions.

(2) The laboratory must monitor, control, and record environmental conditions as required by the relevant specifications, methods, and procedures where they influence the quality of the results. Due attention must be paid to biological sterility, dust, electromagnetic disturbances, humidity, electrical supply, temperature, and sound and vibration levels, as necessary to the technical activities concerned.

(3) Laboratories recycling solvents by roto-evaporator or similar equipment must have a procedure for evaluating recycled solvent performance prior to use in testing. This must be applied any time the laboratory recycles solvents.

(4) The laboratory must have space for the number of personnel and separation of work areas.

(5) The arrangement of space must allow for workflow, sampling, lab space, office space, and break areas.

(6) The laboratory must have eyewash stations, safety showers, and sinks within the laboratory in areas where exposure to corrosive chemicals or substances may occur. Eyewash facilities must be no greater than 10 seconds unobstructed travel distance from the area in the laboratory where hazardous chemicals are present.

(7) The laboratory must have chemical spill kits on-site and placed in locations that are well-labeled and easily available to personnel.

(8) The laboratory must have adequate electrical outlets, unobstructed, single-use, multiplug adaptors with surge control; single-use extension cords; ground fault circuit interrupters near wet areas.

(9) The laboratory must have sufficient numbers and types of safety equipment to minimize personnel exposure to biological hazards and toxic materials. There must be vacuum traps, ventilation for fume hoods and around solvent use or storage of solvents or waste. There must be storage cabinets for flammable solvent, acids, and bases. There must be vented hoods for any microbiological analysis (i.e., Class II Type A biosafety cabinets as applicable).

(10) The laboratory must assign a unique identifier to distinguish the individual test instrument and software version used. Each test result must be traceable back to the instrument used at the time of testing.

(11) The laboratory must comply with the scheduled maintenance and function checks recommended by the manufacturer at minimum and perform preventive maintenance and check critical operating characteristics of each instrument used in the testing process. Records must be retained for all instruments and equipment.

(12) For automated liquid handling equipment performing quantitative aliquoting, the laboratory must check the accuracy and precision of each system, perform a contamination check, and monitor and detect system issues or failures (e.g., drips or leaks, short sampling, bubbles, or air gaps in reagent dispensing lines) on a regular basis.

(13) The laboratory must verify the accuracy and precision of each pipette or pipetting device prior to placing it into service. Each device must be rechecked at least every six months. If the pipette or pipetting device is used to make measurements at different volumes, accuracy and precision must be checked at each volume used. Devices that do not meet stated precision and accuracy criteria must be removed from service.

(14) The laboratory must check and record temperatures on temperature sensitive devices (e.g., water baths, heating blocks, incubators, ovens, refrigerators, freezers, and refrigerated centrifuges) on a daily or when used basis. The laboratory must establish acceptance ranges to ensure proper storage conditions for samples, calibrator and control materials, test materials, and to ensure correct analytical conditions according to manufacturer and procedure requirements. Temperature records must be complete and clearly document the date and individual performing the check, and the laboratory must document corrective actions taken to address unacceptable temperature readings.

(15) Analytical balances must be mounted in accordance with manufacturer's instructions. They must be serviced and checked periodically over the relevant weight range using ANSI/ASTM Classes 1-3 or equivalent weights.

(16) The laboratory must verify instrument and equipment performance prior to initial use, after major maintenance or service, and after relocation to ensure that they run within defined tolerance limits and according to expectations.

(17) Instrument maintenance records and function check documents must be reviewed by technical supervisory staff or the scientific director at least monthly.

(18) Instruments that do not meet performance specifications must be placed out of service and labeled as "Not in Use" until it has been repaired and shown by verification that it will perform correctly.

(19) Laboratories must demonstrate, when possible, that calibrations of critical equipment and hence the measurement results generated by that equipment, relevant to their scope of accreditation, are traceable to the SI through an unbroken chain of calibrations.

(20) Laboratories must have breakrooms separate from the laboratory and ensure that food is not kept in refrigerators that have specimens, chemicals, or other laboratory related materials.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-130, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-140 Method performance criteria.

(1) Accredited labs may reference samples for testing by subcontracting fields of testing to another accredited laboratory.

(2) Laboratories must maintain the integrity of the sample by testing samples on an "as is" or "as received" basis before sample prep unless otherwise specified in rules.

(3) Laboratories may use historical calibrations for high complexity testing as long as it is supported by analytical data through quality control results. Historical calibrations cannot extend past 30 days.

(4) The samples fail quality control testing if the results exceed the limits indicated in chapter 314-55 WAC.

(5) Sample results are positive for the analyte being tested if their results are greater than or equal to the decision point or cutoff limits as indicated in chapter 314-55 WAC.

(6) Sample results are to be reported out in the number of digits and units of measure described in chapter 314-55 WAC.

(7) Laboratories may be accredited to conduct the following fields of testing:

| Field of Testing | Level of Complexity | | | --- | --- | --- | | water activity | low | | | cannabinoid concentration analysis | high | | | foreign matter inspection | low | | | microbiological testing | | | | | culture method | moderate | | | immunoassay method | moderate | | | polymerase chain reaction (PCR) method | high | | residual solvent testing | high | | | mycotoxin testing | | | | | enzyme-linked immunosorbent assay (ELISA) method | moderate | | | liquid chromatography with tandem mass spectrometry (LC-MS/MS) method | high | | pesticide testing | high | | | heavy metals testing | high | |

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-140, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-150 Water activity testing.

(1) Water activity (aw) analysis is intended to quantitatively report out the presence of water in the sample.

The laboratory must run two continuing calibration verifications at levels bracketing the action limit concentration at the beginning of each day of testing.

(2) One sample must be run in duplicate with difference in values of 80 percent - 120 percent as a quality control specimen.

(3) The laboratory must monitor and record temperature and humidity daily or when testing is performed.

(4) The laboratory must calibrate the aw instrument when:

(a) The instrument has been physically moved from one location to another.

(b) The instrument has been cleaned.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-150, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-160 Cannabinoid concentration analysis.

(1) Cannabinoid concentration analysis, previously known as potency, is intended to quantitate and accurately report cannabinoids above the lower limit of quantitation as described in chapter 314-55 WAC.

(2) Laboratories must use a method approved by the department to analyze cannabinoids.

(3) Laboratories must limit batch size to 20 samples in a preparation batch not including quality controls.

(4) ICV, CCV, and surrogate must meet a minimum of 80-120 percent recovery for each analyte.

(5) LCS and matrix spike samples must meet a minimum of 70-130 percent recovery for each analyte.

(6) Sample and matrix spike duplicates must have a relative percent difference (RPD) value of less than 20 percent.

(7) Chromatographic performance must be described in method and must include, but is not limited to, the following criteria:

(a) Tailing factor less than 2.0;

(b) Column performance resolution greater than 1.0;

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-160, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-170 Foreign matter inspection.

(1) The laboratory must analyze not less than 30 percent of the total representative sample of cannabis and cannabis products prior to sample homogenization to determine whether foreign material is present.

(2) The laboratory must report the result of the foreign material test by indicating "pass" or "fail."

(3) The laboratory must use a microscope with photographic capabilities or a camera with magnification or resolution to document the presence of foreign matter. Magnification will only be required when something is identified and the picture without magnification does not allow identification of the foreign matter.

(4) The laboratory must document the observation with a detailed description of any foreign matter and photograph the sample supporting the report.

(5) The foreign matter inspection must be performed in a clean and sanitary location that prevents contamination or degradation prior to other testing.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-170, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-180 Microbiological testing.

(1) Microbiological testing is intended to accurately measure qualitative, semi-quantitative, or quantitate results, and report microorganisms incurred through the production and processing of cannabis and cannabis products.

(2) The laboratory must have a microbiological testing SOP that contains a detailed description of the preparation of any material that does not come as a working stock (i.e., culture media, master mix, spiked controls).

(3) The laboratory may use either culture-based testing methods, immunoassay methods, molecular assay methods, or a combination of culture-based, immunoassay, and molecular assay methods for microbiological testing.

(4) Quality control must be performed on each new media lot, PCR reagent lot, or kit lot used. For molecular assays, DNA controls must be included with each analytical run and internal amplification controls (IACs) must be included with each individual reaction.

(a) Acceptability criteria for all calibration and QC materials such as controls, spikes, and blanks, must be defined, as well as the action to be taken when results are outside control limits. The laboratory must set controls at relevant limits around the decision points for the microbial assay(s) as defined above.

(b) Positive and negative controls must be included in all microbial assay tests. Quality controls must be analyzed in the same manner as samples.

(i) The laboratory must use control organisms that represent the target organism. Controls for the confirmation of a target, such as salmonella or Shiga toxin-producing E. coli (STEC), must be as similar as possible to the presumptive organism.

(ii) The laboratory must maintain documentation of quality control organisms and ensure purity of the control organism is maintained by limiting the number of cell divisions from the original culture.

(5) The laboratory must have a record of all microbial quality control and sample results. If the laboratory does not use equipment capable of recording and printing results (i.e., a PCR instrument or plate reader), then the laboratory must photograph all microbial quality control and sample results for recordkeeping.

(6) The laboratory must have a procedure in place which must specify any safety requirements or precautions unique to the microbial assay(s) used, including:

(a) Biohazard labels on equipment used to store biohazardous materials and waste such as restricted areas, refrigerators, and waste receptacles;

(b) Performing microbial assay(s) in either a Class II biosafety cabinet (BSC) or a designated clean room;

(c) Sterilization of biohazardous waste, including any materials that have come into contact with control organisms, either by autoclave or by chemical disinfectants;

(d) For safety reasons, biosafety level (BSL) 1 organisms for salmonella and STEC may be used as control organisms.

(e) Lab-prepared media must be sterilized by autoclave and undergo a quality control check for sterility before use.

Sterilization by autoclave must be documented using materials such as autoclave tape, and autoclave functionality must be tested using materials such as spore bioindicators.

(7) The laboratory must have a procedure and training for shipping and receiving bacterial enrichments, organisms, or presumptive positive samples. Biohazardous shipping and receiving training must be documented.

(8) The laboratory must perform microbial analysis in a unidirectional (i.e., one way) manner to reduce possible contamination of microbial test materials.

(a) For molecular microbial assays, the laboratory must use materials to reduce contamination such as reaction tubes that are RNAase-free and DNAase-free and use aerosol barrier pipette tips.

(b) For culture-based testing methods, all samples and controls must initiate incubation within 10 minutes of inoculation.

(9) For qualitative methods, all results must be reported as qualitative designations such as "detected," "not detected," "positive," or "negative." For quantitative methods, the laboratory may only report results that are above the limit of quantification and below the upper limit of linearity.

(10) The laboratory may not report colony-forming units (CFU) counts with greater than two significant figures.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-180, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-190 Residual solvent testing.

(1) Residual solvent analysis is intended to accurately quantitate and report solvent residue left behind from product processing.

(2) Laboratories must use a method approved by the department to analyze residual solvents.

(3) Methanol and any other solvent listed in chapter 314-55 WAC must not be used in any preparation or analysis procedure for residual solvent testing.

(4) Upon receipt of a sample at a laboratory, the sample treatment must follow the method requirements for preservation and storage.

(5) When an extraction solvent is used in method it must be an organic solvent that is capable of accomplishing the dilution of the sample while still able to meet the quality control requirements of this method and regulatory requirements, and is NOT a required analyte per regulations. The selected solvent must be specifically cited in a lab's standard operating procedure(s).

(6) Subsampling and homogenization protocols must be specified in the approved method(s) to include:

(a) The lab must analyze at least 0.2 grams of sample per residual solvents analysis.

(b) Upon receipt of sample, the portion of the sample that is to be used for residual solvents analysis must be stored to minimize solvent evaporation.

(c) Homogenization of residual solvent samples by the lab is prohibited unless necessary due to sample composition. If homogenization is necessary, steps must be taken to minimize evaporative loss.

(7) Laboratories must limit batch size to 20 samples in a preparation batch not including quality controls.

(8) The ICV must meet a minimum of 80 - 120 percent recovery for each analyte.

(9) CCV, surrogate, LCS and matrix spike samples must meet a minimum of 70 - 130 percent recovery for each analyte.

(10) Sample duplicates and matrix spike duplicates must have a relative percent difference (RPD) value of less than 20 percent.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-190, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-200 Mycotoxin testing.

(1) Mycotoxin testing is intended to accurately measure semi-quantitative or quantitate results, and report mycotoxins incurred through the production and processing of cannabis and cannabis products.

(2) For semi-quantitative or qualitative methods, the laboratory may report negative results. The limit of detection must be equal to or less than the analyte limit. Positive detections must be confirmed and reported using a quantitative method.

(3) For quantitative methods, the laboratory may only report numerical results that are above the limit of quantification and below the upper limit of linearity.

(4) The analytical processes for mycotoxin testing must include the following:

(a) A matrix negative and a matrix positive for each sample matrix tested per batch;

(b) Matrix positive controls at relevant levels above the decision point;

(5) For high complexity testing, additional quality control is required.

(a) ICV, CCV, and surrogate must meet a minimum of 70 - 130 percent recovery for each analyte.

(b) Matrix spike samples must meet a minimum of 70 - 130 percent recovery for each analyte.

(6) Analyze matrix spike duplicates or sample duplicates at a frequency of one in 20 samples per matrix, per sample extraction or preparation method, to measure repeatability and precision of the mycotoxin assay(s).

(7) Mass spectrometry testing criteria.

(a) A minimum of three structurally significant ions (meeting the three to one signal to noise ratio) are required for confirmation. If instrument conditions or ionization techniques limit the number of ions available, the laboratory may request a deviation from the department in order to report results under these conditions.

(b) The confidence limits of the relative abundance of structurally significant ions and precursor-to-product ion transitions used for single ion monitoring and multiple reaction monitoring must be ± 30 percent (relative) when compared to the same relative abundances observed from a standard solution injection made during the same analytical run.

(8) The laboratory must have procedures that include the following:

(a) Special safety precautions required for handling mycotoxin standards;

(b) Mycotoxin standards may only be opened and used within a certified fume hood;

(d) The laboratory must ensure stability of mycotoxin standards;

(e) A detailed description of how potentially hazardous waste is disposed of.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-200, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-210 Pesticide testing.

(1) Pesticide testing is intended to accurately quantitate and report pesticides incurred through the production and processing of cannabis and cannabis products.

(2) Pesticide standards and stock solutions must be prepared in an area separate from samples.

(3) Laboratories must use a method approved by the department to analyze pesticides.

(4) Laboratories must limit batch size to 20 samples in a preparation batch not including quality controls.

(5) ICV, CCV, and surrogate must meet a minimum of 70 - 130 percent recovery for each analyte.

(6) LCS and matrix spike samples must meet a minimum of 70 - 130 percent recovery for each analyte.

(7) Sample and matrix duplicates must have a relative percent difference (RPD) value of less than 20 percent.

(8) Mass spectrometry confirmation criteria.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-210, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-220 Heavy metals testing.

(1) Heavy metals testing is intended to accurately quantitate and report metals incurred through the production and processing of cannabis and cannabis products.

(2) Analytical standards and solutions must be National Institutes of Standards (NIST) traceable or equivalent.

(3) The ICP-MS must be tuned each day of analysis using a tuning solution containing elements representing all of the mass regions of interest.

(4) Instruments must be calibrated every day of testing using a minimum of a four-point curve (no blanks can be used as a point).

(5) Laboratories must use a method approved by the department to analyze heavy metals.

(6) A stabilizer must be added during sample preparation to stabilize mercury through the acid digestion and analysis. The stabilizer must be at the same level in the calibration standards as the samples.

(7) An internal standard (IS) must be added and analyzed in all calibration standards and samples.

(8) Spectral interference checks (SIC) must be used to verify that the interference levels are corrected by the instrument's data system. The SIC must contain known amounts of interfering elements that will demonstrate the magnitude of interference and test for any corrections.

(9) An initial calibration verification (ICV) and initial calibration blank (ICB) must be analyzed each day of testing.

(a) The ICB is analyzed after the ICV and must not contain target analytes.

(b) The ICV must meet a minimum of 70 - 130 percent recovery for each analyte.

(10) Laboratories must limit batch size to 20 samples in a preparation batch not including quality controls.

(11) CCV, surrogate, LCS, and matrix spike samples must meet a minimum of 70 - 130 percent recovery for each analyte.

(12) Sample duplicates and matrix spike duplicates must have a relative percent difference (RPD) value of less than 20 percent.

(13) Sample concentrations that exceed the highest calibration standard must be diluted and reanalyzed to fall within the linear calibration range.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-220, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-230 Other analytes.

Should a laboratory test for analytes beyond the analytes required in chapter 314-55 or 246-70 WAC, they must adhere to the following guidelines:

(1) Additional test results must be identified as analytes outside the scope of accreditation on the certificate of analysis.

(2) Additional analytes that are tested using methods that also include required analytes for compliance must meet similar requirements for testing and reporting.

(3) Additional analytes that are tested using methods that do not include required analytes for compliance must be validated and tested using standards established in this chapter.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-230, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-240 Laboratory computers and information systems.

(1) The laboratory must have computer systems and software for sample tracking throughout the laboratory's possession from receipt of the samples through testing, reporting, and disposal.

(2) The laboratory must maintain a system security plan (SSP) for each information system used, including corporate systems and external service provider systems.

(3) The laboratory must have security controls (i.e., management, operations, and technical controls) in place to protect the confidentiality, integrity, and availability of the system and its information.

(4) If the laboratory contracts with an external service provider such as a cloud service provider, the laboratory must show due diligence in verifying that the service provider has procedures in place to protect the confidentiality, integrity, and availability of data for the services that they will perform on behalf of the laboratory.

(5) The laboratory must protect any internal computer systems (e.g., desktops, servers, instrument computers) against electrical power interruptions and surges that can contribute to data loss.

(6) The laboratory must protect any internal computer systems from spyware, viruses, malware, and other attacks through the use of firewalls and by maintaining software security updates.

(7) The laboratory must validate and document changes made to computer systems, software, interfaces, calculations, and security measures prior to implementing for use on samples.

(8) Software testing must include performing manual calculations or checking against another software product that has been previously tested, or by analysis of standards.

(9) The laboratory must have a signed contract or agreement with any external service providers that includes the priority elements of physical, technical, and administrative safeguards to protect their systems and data.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-240, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-250 Method approvals.

(1) Laboratories must use an agency approved method for cannabinoid concentration, pesticides, residual solvents, and heavy metals testing. A list of approved analytical and preparative methods are available on the agency's website (https://agr.wa.gov/departments/cannabis/cannabis-lab-analysis-program). If a laboratory wants to use a method not currently on the approved agency list of methods, the lab can submit a method for approval.

(2) Laboratories must, at a minimum, do the following for a new method approval:

(a) Laboratories must submit a method approval form with their required method documentation and method validation data emailed to the department at cannabis@agr.wa.gov.

(b) Receive written approval from the department of the validated method for use on customer samples.

(3) The initial method review and approval may take 30 days. The department may request revisions, clarifications, and/or additional data to review the method.

(4) Laboratories will receive notification via email about the status of the method. Approved methods will be added to the agency website for public access.

(5) Laboratories with denied methods will be provided with a detailed synopsis of why the method was insufficient.

(6) Methods submitted to the WSDA for approval must include a standard operating procedure that documents the following:

(a) A title that indicates the type of procedure being conducted (i.e., pesticides, residual solvents, cannabinoid concentration, or heavy metals).

(b) A document control number, date, and revision number.

(d) A table of contents and page numbering.

(e) A section that documents the revision history for the method.

(f) A definitions section that includes a definition of terms, acronyms, and abbreviations used in the methods.

(g) A section that outlines the purpose, range, limitations (including limit of quantitation and limit of detection), intended use of the method, and target analytes.

(h) A summary section that includes an overview of the method procedure and quality assurance.

(i) An interference section that identifies known or potential interferences that may occur during use of the method and describes ways to reduce or eliminate these interferences.

(j) A safety section that describes special precautions needed to ensure personnel safety during the performance of the method.

(k) A section for equipment, supplies, reagents, and standards that are required to perform the method.

(l) A section that provides requirements and instructions for collecting, preserving, and storing samples.

(m) A quality control section that cites the procedures and analyses required to document the quality of data generated by the method and includes corrective actions for out-of-control data. This section must also describe how to assess data for acceptance based on quality control measures.

(n) A calibration and standardization section that describes the method or instrument calibration and standardization process and the required calibration verification.

(o) A procedure section that describes the sample processing and instrumental analysis steps of the method and provides detailed instructions to analysts.

(p) A section that provides instructions for analyzing data, equations, and definitions of constants used to calculate final sample analysis results.

(q) A method performance section that provides method performance criteria, including precision or bias statements regarding detection limits and sources or limitations of data produced using the method.

(r) A pollution prevention and waste management section that describes aspects of the method that minimizes or prevents pollution and the minimization and proper disposal of waste and samples.

(s) A section for references that lists source documents and publications that contain ancillary information.

(t) A section that contains all the tables, figures, diagrams, example forms for data recording, and flowcharts. This section may also contain validation data references in the body of the method.

(7) Methods must be validated and laboratories must submit method validation documentation as detailed in WAC 16-309-260.

(8) Should the department determine a method has become obsolete or invalid, it may retire the approved method after providing six months notice.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-250, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-260 Method validations.

(1) Laboratories must perform method validation studies prior to implementing a new or original test method, implementing an approved method, implementing a new instrument, or modifying an existing method or instrument for each matrices tested.

(2) The records must include sufficient information to allow for a comprehensive review of the studies performed. Laboratories must have criteria for acceptance of study data, for agreement of replicate study samples, and for defining true outlier values. Study samples for quantitative methods must meet the same qualitative criteria (e.g., the same retention time, mass ratio, internal standard abundance, and chromatography criteria) used for samples. The laboratory's acceptance criteria must be described in the SOP and in the study summary.

(3) Laboratories must perform reverification studies on an annual basis at minimum on high complexity nonreagent methods. Reverification studies are designed to verify that the existing LOD, LOQ, and ULOL values are still valid and do not require laboratories to analyze the same number of samples that are required for full validation studies.

(4) If the laboratory modifies an existing test method or instrument parameter that affects the performance of the method, the revised method must be re-validated prior to use. If the modification is relatively minor, the validation studies may be focused on those parameters that have been affected.

(5) Validations must include linearity, precision, accuracy, LOD, LOQ, ULOL, carryover, selectivity/interference, and matrix effects. unless defined specifically below.

(6) The laboratory must characterize the linearity of a method based on replicate analysis (i.e., a minimum of three replicates at each concentration) of samples of at least six concentrations. The concentrations must be distributed above and below the cutoff for the test.

(7) The laboratory must characterize the precision of a method based on replicate analysis, at least 20 results total. Analysis must be at significant concentrations around the cutoff/decision point and expected range. At least three replicates at each concentration must be analyzed. Precision studies must be performed on multiple days and in multiple batches in order to assess intra-batch and inter-batch variability.

(8) The laboratory must characterize the accuracy (expressed as bias) of a method by calculating the percent difference between the analyzed sample results and the target concentrations. Accuracy studies must be performed on multiple days and in multiple batches to assess intra-batch and inter-batch variability.

(9) The laboratory must characterize the LOD of a method by a series of replicates with decreasing concentrations (i.e., a minimum of three replicates at each concentration). The LOD must be experimentally determined and supported by analytical data. The laboratory can choose to artificially set the LOD at the established LOQ if the LOQ is at least 25 percent below the decision point limit.

(10) The laboratory must characterize the LOQ of a method by a series of replicates with decreasing concentrations (i.e., a minimum of three replicates at each concentration). The LOQ of a method must be determined and supported by analytical data and must be at least 25 percent below the decision point limit.

(11) The laboratory must characterize the ULOL of a method by a series of replicates with increasing concentrations (i.e., a minimum of three replicates at each concentration). Laboratories may select a value at the upper end of the dynamic range for a method, but it must be determined and supported by analytical data.

(12) The laboratory must investigate the potential of carryover of a method from one sample to another during testing by analyzing highly concentrated samples followed by negative samples (i.e., without the analyte of interest) and evaluate the negative samples for carryover. Positive samples that follow a sample at carryover concentrations must be reinjected or reextracted to eliminate carryover concerns.

(13) The laboratory must investigate the day-to-day precision using positive and negative samples assuring the ruggedness of the testing method provides good reproducibility over a period of at least five days.

(14) The laboratory must investigate the selectivity and interferences of a method by testing commonly encountered compounds and compounds that are structurally similar that could potentially interfere with the method at higher concentrations. Laboratories may accept manufacturer studies of immunoassay products if the study was performed using cannabis-focused compounds.

(15) The laboratory must investigate any possible matrix effect by evaluating the potential for components of the sample matrix to either suppress or enhance the ionization of the analytes of the compound(s) of interest and internal standard(s). Studies must include the evaluation of at least five different lots of products (i.e., flower from five different plants or from five different plant lots).

(16) When dilution of a sample is necessary to keep the result concentration within the range of linearity, the laboratory must conduct dilution integrity studies to document that the dilution does not affect the method's performance. These consist of precision/accuracy studies using samples at the dilution specified in the procedure.

(17) The laboratory must perform a parallel study when a new instrument or a new/revised procedure is implemented where results from the revised/new method or new instrument are compared to results from the existing method/instrument.

(18) The laboratory must perform a positive/negative differentiation study when validating a qualitative test by analyzing positive and negative samples that have been verified by a quantitative method to assess the assay's ability to differentiate positive and negative samples. The laboratory may analyze a combination of positive and negative controls, proficiency test (PT) samples or previously tested samples. The laboratory must analyze a minimum of five positive samples at differing concentrations and five negative samples (i.e., 10 results total).

(19) The laboratory must verify extraction efficiency assuring their method can sufficiently extract out the analyte of interest from the sample matrix.

(20) Records for validation and periodic reverification studies must be organized in a format to facilitate a comprehensive review and, at a minimum, the records must include:

(a) A stated purpose;

(b) Description of test method(s);

(d) A listing of the instrument parameters used for the study;

(e) A description of the study samples;

(f) A summary of the statistical data collected to characterize the assay;

(g) A discussion;

(h) A summary with conclusions; and

(i) All raw analytical data from the samples analyzed in the study.

(21) The laboratory must use the same criteria for acceptance of study data (e.g., the same retention time, mass ratio, internal standard abundance, and chromatography criteria) as used for the daily samples.

(22) The laboratory must maintain the original assay validation study records for methods in production for an indefinite period. Validation and reverification study records must be made available at the time of inspection or upon request. Labs are required to maintain records for retired methods for five years.

(23) All immunoassay and qualitative assay methods must be properly validated prior to use with samples and supported with the following studies:

(a) Linearity;

(b) Precision and accuracy around the cutoff;

(d) Carryover;

(e) A parallel study using the existing and new/revised procedures;

(f) Positive/negative sample differentiation studies.

(24) All quantitative assays must be properly validated prior to use with samples and supported with the following studies:

(a) Determination of LOQ, LOD, and ULOL;

(b) Precision/accuracy around the cutoff;

(d) Selectivity/interference;

(e) For an assay validation: Method parameters including ion selection;

(f) For full instrument validation: Instrument parameter optimization;

(g) For LC-MS, and LC-MS/MS methods: Matrix effects;

(h) For assays using a new technology: Parallel studies of PT samples and customer samples (e.g., when validating a technology different from the existing method);

(i) For assays using an extraction: Extraction efficiency must be determined; and

(j) Hydrolysis efficiency (if sample preparation includes a hydrolysis step).

(25) An abbreviated instrument validation must be performed prior to implementing an additional instrument of an exact model that has been validated by the laboratory. The laboratory must perform the following studies:

(a) Determination of the LOQ, LOD, and ULOL;

(b) Carryover evaluation;

(d) For LC, LC-MS, and LC-MS/MS methods: Evaluation of matrix effects.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-260, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-270 Proficiency testing.

The laboratory must participate in an approved proficiency testing (PT) program that reflects the best available science as determined by the accrediting authority.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-270, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-280 Reports.

(1) All sample test results must be supported by analytical data and all analytical data must have a documented review, once reviewed by an analyst, and once reviewed by a certifying scientist prior to being reported.

(2) Laboratories must report results as either "negative," "none detected," "pass/fail," or the numeric concentration equal to or above the decision point or cutoff of the required analytes tested as indicated in rules.

(3) For the purpose of reporting, decision points or cutoff limits have been written in chapter 314-55 WAC to the number or significant digits that laboratories are expected to use when reporting results.

(4) If the result is above the established ULOL, the laboratory must dilute the sample and retest to bring the results within the linear range of the test, unless allowed differently in the guidelines.

(5) The concentration of a diluted primary sample prior to applying the dilution factor must be above the concentration of the lowest calibrator or control in the batch.

(6) At a minimum, the computer generated COA reports for samples going to the customer must contain:

(a) A title: "Certificate of Analysis" or "Test Report";

(b) Laboratory name, lab ID number, and address;

(c) Unique identification of the test report certificate and on each page an identification in order to ensure that the page is recognized as a part of the COA, and a clear identification of the end of the report;

(d) The name, address, and license number of the customer;

(e) Date of sample collection;

(f) Sample identification number from transportation manifest;

(g) Sample/matrix type (flower, concentrate etc.);

(h) Product/sample name and category;

(i) Amount of sample received;

(j) Date received by laboratory;

(k) Name of certifying scientist;

(l) Date reported by the laboratory;

(m) Results of each test performed to include name of test, results, measurands (i.e., mg/g), cutoffs, and instrument/method of testing used;

(n) A statement to the effect that the results relate only to the items tested.

(7) Laboratories must use the analyte terminology and abbreviations specified by rules to ensure consistency in reporting and interpretation of test results.

(8) Laboratories must not release any cumulative or individual test result prior to the completion of all analysis by the lab for that sample.

(9) Any amendments to a COA after the original issuance must include a statement for the reason issued like "Corrected Report," "Supplement to COA (to include COA number)," or an equivalent form of wording.

(10) When it is necessary to issue a completely new COA, it must be uniquely identified and contain a reference to the original that it replaces (i.e., reprint).

(11) All records must include the identity of personnel performing the aliquoting, sample preparation, calibration, testing of samples and controls, and review of results.

(12) Observations, data, and calculations must be recorded at the time they are made and must be identifiable to the specific task.

(13) When mistakes occur in records, each mistake must be lined out, not erased, or made illegible or deleted, and the correct value entered alongside. All such alterations or corrections to records must be signed or initialed and dated by the person making the correction.

(14) All entries to hard copy laboratory records must be made using indelible ink. No correction fluid or tape may be used on laboratory data records.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-280, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-290 Procurement controls.

(1) The laboratory must have procedure(s) for the selection and purchasing of services and supplies it uses that affect the quality of the tests and/or calibrations. Procedures covering reagents and laboratory consumables must exist for the purchase, receipt, storage, and disposition of expired materials.

(2) The laboratory must ensure that purchased supplies and reagents and consumable materials that affect the quality of tests and/or calibrations are inspected or otherwise verified as complying with standard specifications or requirements defined in the methods for the tests and/or calibrations concerned.

(3) New lots or materials received outside of expected environmental conditions must be documented and validated before use.

(4) Reagents and standards must be inspected, dated, and initialed upon receipt, and upon opening.

(5) Calibration standards and analytical reagents must have an expiration or reevaluation date assigned.

(6) Standards and solutions must be identified with lot number or other assigned unique identifier to trace back to preparation documentation.

(7) Prospective suppliers must be evaluated and selected on the basis of specified criteria.

(8) Processes to ensure that approved suppliers continue to provide acceptable items and services must be established and implemented.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-290, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 16-309-300 Subcontracting.

(1) The laboratory must notify the customer of the subcontract arrangement in writing, including the subcontractors' accreditation credentials under chapters 69.50 RCW and 314-55 WAC.

(2) The laboratory must maintain a register of all subcontractors that it uses for tests and/or calibrations and a record of the evidence of compliance with chapter 314-55 WAC for the work in question.

(3) When there are indications that subcontractors knowingly supplied items or services of substandard quality, this information must be forwarded to laboratory management for corrective action.

History

Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-300, filed 4/17/24, effective 5/18/24.

Chapter 16-310 Accreditation of cannabis laboratories.

Wash. Admin. Code § 16-310-010 Purpose of chapter.

Under the authority of RCW 69.50.348, the department adopts rules to establish a state program for the accreditation of cannabis laboratories in accordance with chapter 16-309 WAC. The purpose of this program is to ensure the laboratory standards described in chapter 16-309 WAC are followed when testing cannabis and cannabis products under chapter 314-55 WAC.

History

Statutory Authority: RCW 69.50.348. WSR 24-13-102, § 16-310-010, filed 6/18/24, effective 7/1/24.

Wash. Admin. Code § 16-310-020 Scope.

(1) This chapter applies to cannabis laboratories that conduct tests for or prepare analytical data on cannabis in Washington state.

(2) Accreditation does not guarantee validity of all analytical data submitted by the accredited laboratory but rather assures that the laboratory has demonstrated its capability to generate and report the analytical data.

History

Statutory Authority: RCW 69.50.348. WSR 24-13-102, § 16-310-020, filed 6/18/24, effective 7/1/24.

Wash. Admin. Code § 16-310-030 Definitions.

"Accreditation" means the formal recognition by the department that a cannabis laboratory is capable of producing accurate and defensible analytical data. This recognition is signified by the issuance of a written accreditation letter, accompanied by a scope of accreditation indicating the parameters for which the laboratory is accredited.

"Accreditation year" means the one-year period as stated on the letter of accreditation.

"Analyte" means the constituent or property of a sample measured using an analytical method.

"Analytical data" means the recorded qualitative and/or quantitative results of a chemical, physical, biological, microbiological, radiochemical, or other scientific determination.

"Analytical method" means a written procedure for acquiring analytical data.

"Audit" means an inspection and evaluation of laboratory methods, instrumentation, facilities, equipment, records, and staff.

"Board" means the Washington state liquor and cannabis board.

"Cannabis laboratory" or "laboratory" means a facility:

(a) Under the ownership and technical management of a single entity in a single geographical location;

(b) Where scientific determinations are performed on samples taken from cannabis plants and products; and

(c) Where data is submitted to the customer or regulatory agency, or other entity requiring the use of an accredited laboratory under provisions of a regulation, permit, or contractual agreement.

"Data pack" means documentation created that supports each sample collected and sent to the laboratory for testing to include, but not limited to, any and all chain of custodies, manifests, worksheets, testing data including repeat testing, calibration data, quality control data, final report to customer, and any document created or received for that sample from time of receipt to disposal of sample.

"Data traceability" or "traceability" means the ability to recreate the final result by means of records.

(a) Records must be an unbroken trail of accountability for verifying or validating the chain of custody of samples, the data, the documentation of a procedure, certificates of analysis, and the values of a standard.

(b) This unbroken trail begins upon receipt of the samples at the laboratory.

"Department" means the state of Washington department of agriculture.

"Good standing" means the laboratory has met all its obligations to the state to remain certified by the board such as passing proficiency testing, current with any and all payments required, current with all accreditation requirements, and has no outstanding obligations to the board.

"Interlaboratory comparison" means a method used in quality control to evaluate the consistency and accuracy of test results across multiple laboratories. It involves sending sample replicates to different labs and comparing the results to identify discrepancies or variations.

"Matrix" means the material to be analyzed including, but not limited to, flower, trim, leaves, other plant matter, cannabis concentrate, cannabis infused, and edibles.

"Parameter" means the combination of one or more analytes determined by a specific analytical method.

"Precision" means the closeness of agreement between independent test results obtained under specified conditions. This is described by statistical methods such as a standard deviation (SD), coefficient of variation (CV), or confidence limit of test results.

"Proficiency testing provider" means a third-party company, organization, or entity not associated with certified laboratories or a laboratory seeking accreditation that is approved by the department and provides samples for use in PT testing.

"Quality control (QC)" means the routine application of statistically based procedures to evaluate and control the accuracy of analytical results.

"Regular business hours" means the time frame during which the laboratory conducts testing or normal business. Should a laboratory have multiple shifts to conduct testing, normal business hours would include these shifts.

"Sample" means a representative portion of material taken from a larger quantity of homogenate for the purpose of examination or analysis, which can be used for judging the quality of a larger quantity for the purpose of compliance.

"Validation" means the process of demonstrating or confirming the performance characteristics through assessments of data quality indicators for a method of analysis.

History

Statutory Authority: RCW 69.50.348. WSR 24-13-102, § 16-310-030, filed 6/18/24, effective 7/1/24.

Wash. Admin. Code § 16-310-040 Accreditation during transition period.

(1) Laboratory accreditations issued by the board in 2023 will remain valid through their expiration date in 2024.

(2) Accreditation issued by the department prior to December 31, 2024, will be based on the laboratory standard set forth in chapter 314-55 WAC and be considered accreditation renewal. Accreditation will expire in one calendar year after issuance.

(3) After December 31, 2024, all laboratories must comply with the standard set forth in chapter 16-309 WAC in order to maintain accreditation.

(4) Laboratories must submit validation studies for their cannabinoid concentration analysis, residual solvent testing, pesticide testing, and heavy metals testing to the department for their methods prior to November 1, 2024.

(5) Laboratories that have not received approval for a validation study by January 1, 2025, will not be able to test for that parameter until the parameter is approved.

(6) Laboratories that have been accredited in 2024 to the standard identified in chapter 314-55 WAC must fill out an initial accreditation application in order to transfer to the department's accreditation program beginning January 1, 2025.

History

Statutory Authority: RCW 69.50.348. WSR 24-13-102, § 16-310-040, filed 6/18/24, effective 7/1/24.

Wash. Admin. Code § 16-310-050 Laboratory initial accreditation application.

(1) A laboratory that has yet to become accredited must complete an initial application provided by the department to apply for accreditation to perform cannabis and cannabis product testing.

(2) The applying laboratory must submit an initial application fee with the application to the department before an initial inspection can be scheduled.

(3) Prior to the first audit, the laboratory must successfully complete a round of proficiency testing for each parameter the laboratory intends to be accredited for. Proficiency testing must come from a vendor approved by the department and graded results must be sent to the department for review.

(4) The laboratory must include the following pre-audit materials with the application:

(a) Current information on its testing operation to include a list of analytes tested with method and instrument(s) used.

(b) A schedule of its operations listing the days and hours for various processes of operations.

(d) A map of the facilities and description detailing security of the premises along with the location of the lab and locations where different types of testing are performed.

(e) A description of the laboratory computer systems describing any hardware, software, firewalls, both internal and external to the laboratory, that are used in the testing or reporting of cannabis. Sufficient information must be available to allow inspectors to verify compliance with program requirements.

(f) A copy of the current quality assurance manual.

(g) Validation studies for each method for which the laboratory is seeking accreditation.

(h) The department may request additional documents as necessary.

(5) Once all required conditions and documents are reviewed and accepted by the department, an audit will be scheduled to occur within 30 days.

History

Statutory Authority: RCW 69.50.348. WSR 24-13-102, § 16-310-050, filed 6/18/24, effective 7/1/24.

Wash. Admin. Code § 16-310-060 Laboratory continued accreditation.

(1) Laboratories must apply for accreditation renewal each year after initial accreditation to maintain their accreditation status.

(2) Renewal application documents must be submitted to the department at least 60 days prior to their accreditation expiration date. Documents may be submitted electronically.

(3) The laboratory must include the following pre-audit materials with the application:

(a) Current information on its testing operation to include a list of analytes tested with method and instrument(s) used.

(b) A schedule of its operations listing the days and hours for various processes of operations.

(d) A map of the facilities and description detailing security of the premises along with the location of the lab and locations where different types of testing are performed.

(f) A copy of the current quality assurance manual.

(g) A complete data pack containing all testing performed on designated samples as determined by the department during the accreditation period.

(h) Notification of any major changes to methods or procedures from the previous audit such as changes in instrumentation, new extraction method, software changes, or updates to quality assurance procedures.

(i) The department may request additional documents as necessary.

History

Statutory Authority: RCW 69.50.348. WSR 24-13-102, § 16-310-060, filed 6/18/24, effective 7/1/24.

Wash. Admin. Code § 16-310-070 Application review and approval process.

Upon review of the accreditation application and required documents, the department will either:

(1) Notify the applicant laboratory of any missing items or amendments necessary to approve the application.

(2) Approve the application, schedule an audit, and accredit the laboratory for initial, or renewed status upon successful completion of the audit.

(3) Extend a laboratory's current accreditation by a maximum of 60 days for the purpose of scheduling.

(4) Deny the application and deny accreditation. If the department denies accreditation or denies a subset of requested parameters, the department will notify the laboratory of the deficiencies.

History

Statutory Authority: RCW 69.50.348. WSR 24-13-102, § 16-310-070, filed 6/18/24, effective 7/1/24.

Wash. Admin. Code § 16-310-080 Quality assurance manual.

(1) The department will review and approve the laboratory's quality assurance (QA) manual prior to the department's initial and continued accreditation on-site audit of the lab.

(2) The QA manual submitted concurrently with the application must be in detail and scope commensurate with the size and mission of the laboratory. Instructions for contents of the QA manual are in WAC 16-309-120.

History

Statutory Authority: RCW 69.50.348. WSR 24-13-102, § 16-310-080, filed 6/18/24, effective 7/1/24.

Wash. Admin. Code § 16-310-090 Standard operating procedures.

(1) The department will review the laboratory's standard operating procedures (SOP) on-site during each audit.

(2) The SOP must be in detail sufficient to assure consistent and replicable results by any qualified employee at the laboratory.

(3) Guidelines for contents of a standard operating procedure are in WAC 16-309-090, the cannabis testing laboratory standards manual, and other guidance documents that may be published by the department.

History

Statutory Authority: RCW 69.50.348. WSR 24-13-102, § 16-310-090, filed 6/18/24, effective 7/1/24.

Wash. Admin. Code § 16-310-100 Data and record traceability.

(1) During audits and when necessary, the department will ask the lab to demonstrate data and record traceability with documentation. To demonstrate this, a cannabis laboratory must:

(a) Be able to recreate sample results by means of records in entirety, starting at receipt of the samples by the laboratory and ending at the final report or certificate of analysis, known as a data pack;

(b) Document validation of any chemical, reagent, and/or media used by an analytical method;

(d) Document that all temperature-based equipment such as a refrigerator, oven, or incubator is within control at the time of testing. When electronic recordkeeping equipment is used, these records must be monitored by lab personnel to verify that temperatures meet relevant method and regulatory requirements;

(e) Keep a log for all instruments, including documentation of installation, setup, maintenance, and removal from service; and

(f) Document preparation and quality control (QC) of chemicals, reagents, and media used in support of the analyses.

(2) When records are handwritten, they must be in indelible ink and comply with the relevant method requirements and include the date, technician's initials, and temperature when relevant. Any changes to handwritten records should be single line crossed out, initialed, and dated.

(3) Unmonitored use of continuous data-loggers is not an acceptable substitute when methods and regulations require temperature checks. Use of electronic recordkeeping equipment is allowed when:

(a) The equipment can demonstrate the accuracy and precision required by the applicable method and regulations;

(b) It includes the date and time the record was captured, using a fully traceable and secure format; and

(4)(a) Certificates of analysis must be consistent with laboratory data.

(b) Reference labs must be named on the certificate of analysis when used.

History

Statutory Authority: RCW 69.50.348. WSR 24-13-102, § 16-310-100, filed 6/18/24, effective 7/1/24.

Wash. Admin. Code § 16-310-110 Proficiency testing.

(1) The laboratory must participate in an approved proficiency testing (PT) program on an ongoing basis and achieve a passing score for each field of testing parameter for which the lab will be or is accredited.

(2) The cost of obtaining and testing PT samples is the sole responsibility of the laboratory.

(3) The department will maintain a list of approved proficiency tests and proficiency test providers that laboratories can use.

(4) A laboratory must successfully complete a minimum of one round of PT for each field of testing the lab seeks to be accredited for and provide proof of the successful PT results to the accrediting authority prior to initial accreditation.

(5) Accredited laboratories must successfully analyze a minimum of two PT samples for each parameter per year.

(6) The closing dates of a PT study for a particular field of accreditation can be no more than seven months apart, and the opening date of a PT study for a particular parameter must be at least seven calendar days after the closing date of the previous PT study for the same parameter or field of testing.

(7) At least one of the scores must be from a round of PT that occurs within six months prior to the laboratory's accreditation renewal date.

(8) To maintain accreditation, the laboratory must continue to pass each PT and parameter for which the lab is accredited.

(9) If the laboratory fails to achieve a pass for a parameter, the laboratory must investigate the root cause of the laboratory's performance and establish a corrective action plan for each unsatisfactory analytical result within five business days and report its finding and resolution to the department.

(10) If the corrective action has not resolved the analytical deficiency, the laboratory must suspend testing of that parameter, even if they have not yet been contacted by the department to do so first. The laboratory must then work with the department to resolve the issue and must receive authorization from the department before they can restart testing for that parameter.

(11) The department may require the laboratory to submit raw data along with the report of analysis of PT samples.

(12) If the PT provider does not provide individual acceptance criteria for each analyte, the following criteria will be applied to determine whether the lab achieves a passing score for the round of PT:

(a) +/- 30 percent recovery from the reference value for residual solvent testing; or

(b) +/- 3 z or 3 standard deviations from the reference value for all other fields of testing.

(13) The department may waive proficiency tests for certain parameters if approved PT samples are not readily available or for other valid reasons.

(a) If a proficiency test is not available for any parameter for which the laboratory is accredited or applying for accreditation, the laboratory must implement an alternative assessment procedure for the affected analyte(s) approved by the department.

(b) An alternative assessment requirement can be fulfilled via a split-sample analysis sent to testing staff as a blind or potential customer sample unknown to the analyst.

(14)(a) PTs must undergo the identical preparation and analytical processes that are used for customer samples including, but not limited to, adhering to the same sample tracking, sample preparation, analysis methods, standard operating procedures, calibrations, quality control, and acceptance criteria used in testing customer samples.

(b) Should a PT provider require a sample preparation step such as spiking a standard onto a matrix or hydrating a sample, the laboratory must prepare the sample according to their instructions. Testing a spiking solution independently is not allowed.

(15) The laboratory is responsible for ensuring the department receives all PT results directly from the PT provider.

(16) The laboratory must ensure that the information provided to the PT provider reflects accurate information about the laboratory that corresponds to the information in the laboratory's accreditation or application for accreditation including, but not limited to:

(a) The laboratory's name and address;

(b) The laboratory's ID number; and

(17) For pesticide and cannabinoid concentration analyses, a laboratory must use PT samples made with a useable cannabis matrix.

(a) If a useable cannabis matrix is unavailable, then a PT sample made with useable hemp matrix may be used.

(b) If a PT sample made with a useable hemp matrix is used for accreditation of cannabinoid concentration analysis, then the PT vendor must prepare the sample in useable hemp material itself and may not provide a separate spiking solution with the sample.

(18) Presence-absence microbiology parameters must correctly detect the presence or absence of target organisms on all replicates in their PTs to be considered acceptable.

(19) It is strictly prohibited for laboratories to communicate with other laboratories about proficiency testing samples prior to the final results reported back to the laboratory by the proficiency testing provider.

(20) It is strictly prohibited for laboratories to send PT samples to another laboratory for testing.

(21) Laboratories must participate in interlaboratory comparison testing when the department provides samples.

(a) Testing and reporting of interlaboratory comparison sample results to the department must be conducted within five business days of receipt of samples.

(b) The cost of performing interlaboratory comparison testing is the sole responsibility of the laboratory.

(i) +/- 30 percent recovery from the reference value for residual solvent testing; or

(ii) +/- 3 z or 3 standard deviations from the reference value for all other fields of testing.

(d) If a laboratory fails an interlaboratory comparison test, they must investigate the root cause of the laboratory's performance and establish a corrective action plan for each unsatisfactory analytical result within five business days and report its finding and resolution to the department.

(e) Failure to correct deficiencies or findings of misconduct identified from interlaboratory comparison testing could lead to suspension of accreditation.

(f) Laboratories will not be required to perform interlaboratory comparison testing on more than five samples per year per parameter being investigated.

History

Statutory Authority: RCW 69.50.348. WSR 24-13-102, § 16-310-110, filed 6/18/24, effective 7/1/24.

Wash. Admin. Code § 16-310-120 Audits.

(1) A laboratory must undergo an audit by the department to assess critical elements and areas of required standard practices.

(a) All accredited laboratories will be audited on an annual basis. The laboratory must assist or accommodate department personnel and auditors during audits as necessary.

(b) Audits will be performed on-site.

(2) The laboratory must successfully show that they meet the minimum standards for each of the critical elements. Critical elements of accreditation are components of a cannabis laboratory's operations which are critical to the consistent generation of accurate and defensible data and keep the laboratory compliant with regulations.

(3) Critical elements include:

(a) Analytical methods. The laboratory must demonstrate that documentation of analytical methods the laboratory employs:

(i) Are present at the laboratory;

(ii) Are approved by the scientific director;

(iii) Are readily available to analysts; and

(iv) Have been validated and implemented before testing customer samples.

(b) Equipment and supplies. The laboratory must demonstrate that sufficient equipment and supplies as required by analytical methods are:

(i) Available at the laboratory;

(ii) Being adequately maintained;

(iii) Have been validated before placing into service; and

(iv) In a condition to allow successful performance of applicable analytical procedures.

(c) QA and QC records. The laboratory must maintain and make available QA and QC records. QA and QC records must monitor laboratory testing and functions to demonstrate analytical performance and compliance requirements.

(d) Sample management. The laboratory must demonstrate that its procedures for sample receipt, analysis, storage, and disposal are sufficient to meet regulatory requirements.

(e) Data management. The laboratory must demonstrate that data management requirements are being met. The audit includes a review of activities necessary to assure accurate management of laboratory data including:

(i) Raw data;

(ii) Calculations;

(iii) Transcription;

(iv) Computer data entry; and

(v) Reports of analytical results.

The department may deny, revoke, or suspend accreditation for deficiencies in critical elements.

(4) The laboratory must successfully show that they meet the minimal requirements of required standard practices. Standard practices are those elements of laboratory operations which might affect efficiency, safety, and other administrative functions, but may not affect quality of analytical data. Typically, deficiencies to standard practices are not grounds for significant accreditation actions but can be if a specific finding directly affects the laboratory's ability to meet a critical element for accreditation or presents a significant safety concern. Standard practices include:

(a) Personnel. The laboratory must demonstrate that its managerial, supervisory, and technical personnel have adequate training and experience to allow satisfactory completion of analytical procedures and compilation of reliable, accurate data. Minimum personnel requirements are set forth in chapter 16-309 WAC.

(b) Facilities. The laboratory must demonstrate that it allows for the efficient generation of reliable, accurate data in a safe environment.

(c) Safety. The laboratory must demonstrate that it has met the minimum safety requirements as stipulated in chapter 16-309 WAC. If the department determines the laboratory has a significant safety deficiency, the department may refer the deficiencies to appropriate state or federal agencies.

History

Statutory Authority: RCW 69.50.348. WSR 24-13-102, § 16-310-120, filed 6/18/24, effective 7/1/24.

Wash. Admin. Code § 16-310-130 Audit access.

(1) For the purpose of conducting audits, the department may, during regular business hours, enter business premises in which analytical data relevant to accreditation under the provisions of this chapter are generated or stored.

(2) A laboratory's refusal to permit the department entry for such audit or inspection purposes may result in denial or revocation of accreditation by the department.

History

Statutory Authority: RCW 69.50.348. WSR 24-13-102, § 16-310-130, filed 6/18/24, effective 7/1/24.

Wash. Admin. Code § 16-310-140 Evaluation and issuance of accreditation.

(1) After the department's determination that an applicant laboratory has met the requirements in chapter 16-309 WAC and this chapter, the department will grant approval of the application and provide the applicant laboratory with proof of accreditation and a scope of accreditation listing the accredited parameters.

(2) If the department grants an interim or provisional accreditation, the department will provide the laboratory a report specifying deficiencies and/or missing information necessary to upgrade all parameters to accreditation status.

(3) If the department denies the application for accreditation in whole, it will provide written notification to the applicant laboratory specifying:

(a) Areas of deficiency in meeting the requirements in chapter 16-309 WAC or this chapter; and

(b) Any missing information the department needs to complete the review of the laboratory's application.

(4) The laboratory shall have 30 calendar days from the receipt of the notification to provide the requested information to the department or provide documentation to the department that describes how the specified deficiencies have or will be corrected. Initial accreditation will not be issued until deficiencies have been corrected.

(a) Based on its review of documentation provided by the applicant laboratory, the department will issue a written decision that states whether the laboratory's application is granted or denied.

(b) If the requested information is not provided within the required time frame, the department will deny the application and the applicant must submit a new application to the department if they seek to obtain accreditation.

History

Statutory Authority: RCW 69.50.348. WSR 24-13-102, § 16-310-140, filed 6/18/24, effective 7/1/24.

Wash. Admin. Code § 16-310-150 Interim accreditation.

(1) The department may grant interim accreditation if the laboratory is unable to complete an audit for accreditation for a specific parameter, but all other requirements of accreditation have been satisfied.

(2) The department may also require the laboratory to submit analytical data packages as evidence of analytical capability to grant interim accreditation.

History

Statutory Authority: RCW 69.50.348. WSR 24-13-102, § 16-310-150, filed 6/18/24, effective 7/1/24.

Wash. Admin. Code § 16-310-160 Provisional accreditation.

(1) The department may approve an existing laboratory with prior accreditation for provisional accreditation when the department determines that the laboratory can consistently produce valid analytical data but has deficiencies requiring corrective action.

(a) When the laboratory has corrected such deficiencies, it must provide documented evidence of correction to the department or request a follow-up audit, as appropriate.

(b) If the department determines the deficiencies have been corrected, it may approve full accreditation as in WAC 16-310-140.

(2) The department may extend a provisional accreditation in 30-day intervals for up to one year.

History

Statutory Authority: RCW 69.50.348. WSR 24-13-102, § 16-310-160, filed 6/18/24, effective 7/1/24.

Wash. Admin. Code § 16-310-170 Denying accreditation.

(1) The department may deny accreditation for reasons including, but not limited to, the following laboratory actions:

(a) Failure to comply with standards of this chapter;

(b) Misrepresenting itself to the department;

(d) Falsifying reports of analysis including proficiency testing results;

(e) Engaging in unethical or fraudulent practices concerning generation of analytical data;

(f) Refusing to permit entry for department audits as required by WAC 16-310-130;

(g) Failure to pay applicable fees; or

(h) Is determined by the department or the board to be criminally negligent or not in compliance with chapter 69.50 RCW.

(2) The department may deny a laboratory accreditation for a specific parameter for unacceptable proficiency testing results.

(3) Laboratories denied accreditation may appeal under the provisions of WAC 16-310-210.

(4) The department will notify the board of any laboratories that are denied accreditation.

History

Statutory Authority: RCW 69.50.348. WSR 24-13-102, § 16-310-170, filed 6/18/24, effective 7/1/24.

Wash. Admin. Code § 16-310-180 Revoking or suspending accreditation.

The department may suspend or revoke laboratory accreditation.

(1) The department may revoke or suspend the entire accreditation and scope of accreditation or one or more individual parameters.

(a) Suspension of accreditation by the department is for a specified period during which the affected laboratory must correct deficiencies that led to the suspension.

(b) If the department determines deficiencies are not corrected, they may revoke the laboratory's accreditation.

(2) The department may suspend or revoke accreditation for reasons including, but not limited to, the following laboratory actions:

(a) Failure to comply with standards in chapter 16-309 WAC and this chapter;

(b) Violating a state rule relative to the analytical procedures for which it is accredited;

(d) Falsifying reports of analysis including PT results;

(e) Engaging in unethical or deceitful practices concerning generation of analytical data;

(f) Is deficient in its ability to provide accurate and defensible analytical data;

(g) Refusing to permit entry for department audits as required by WAC 16-310-130;

(h) Failing to pay applicable fees; or

(i) Reporting two consecutive unacceptable PT sample results for the same analyte.

(3) A laboratory may appeal the suspension or revocation of its accreditation under the provisions of WAC 16-310-210.

History

Statutory Authority: RCW 69.50.348. WSR 24-13-102, § 16-310-180, filed 6/18/24, effective 7/1/24.

Wash. Admin. Code § 16-310-190 Withdrawal of accreditation.

(1) The laboratory may withdraw from the accreditation program by sending a letter to the department signed by the laboratory director containing the last date they will perform testing under this program.

(2) The laboratory will remain responsible for any storage of data acquired during regulated testing for five years from the date the testing was performed.

(3) The laboratory must properly dispose of any cannabis or cannabis product remaining in the laboratory.

(4) The department may verify compliance with these rules even after withdrawal, suspension, or revocation of accreditation.

History

Statutory Authority: RCW 69.50.348. WSR 24-13-102, § 16-310-190, filed 6/18/24, effective 7/1/24.

Wash. Admin. Code § 16-310-200 Fee structure.

(1) The laboratory must pay a nonrefundable initial or transfer application fee in the amount of $3,200 to the department before the application will be reviewed and an audit will be conducted.

(2) Audit fees must be paid at least 30 days prior to the initial accreditation audit or any continued accreditation audits.

(a) A fee of $7,200 must be paid for on-site audits.

(b) A fee of $2,100 must be paid for off-site surveillance audits.

(3)(a) If a laboratory requests to revise their scope of accreditation to add or reinstate a parameter, or parameters, outside of their initial application or renewal process, the laboratory must include a processing fee of $1,000 with the request.

(b) Multiple parameters may be included in one revision request.

(4) If a laboratory withdraws from the accreditation process after the audit has been completed, the department may retain any fees collected prior to the withdrawal request.

(5) Processing and application fees are nonrefundable.

History

Statutory Authority: RCW 69.50.348. WSR 24-13-102, § 16-310-200, filed 6/18/24, effective 7/1/24.

Wash. Admin. Code § 16-310-210 Appeals.

A laboratory's scientific director may appeal final accreditation actions within 25 days of notification of final action in accordance with chapters 34.05 RCW and 16-08 WAC.

History

Statutory Authority: RCW 69.50.348. WSR 24-13-102, § 16-310-210, filed 6/18/24, effective 7/1/24.

Chapter 16-319 Forest tree seed certification.

Wash. Admin. Code § 16-319-010 Forest tree seed certification—Certifying agency.

The Washington State Crop Improvement Association is designated to act as the authorized agent of the director of agriculture for the purpose of assisting in certifying forest tree seeds and shall perform such duties as the director may assign as provided in chapter 15.49 RCW, specifically RCW 15.49.370(3).

History

Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. WSR 14-10-047, § 16-319-010, filed 5/1/14, effective 6/1/14
Order 1028, Regulation 1, filed 8/4/66, effective 9/4/66.

Wash. Admin. Code § 16-319-020 Forest reproductive material certification standards—Purpose and definitions.

(1) Purpose. The purpose of certification of forest reproductive material is to make available reproductive material properly identified by species or species and cultivar, and by source or source and origin.

(2) Definitions:

(a) "Applicant" means the person or organization who submits application for certification of forest reproductive material to certifying agency and who assumes responsibility for compliance with these standards.

(b) "Audit" means periodic examination and check by certifying agency of any part or all of the records and procedures specified in field standards and conditioning standards, and of additional records pertinent to inventory and distribution of reproductive material including verification of corresponding physical inventory to assure that no significant errors or omissions exist.

(c) "Batch" means all or part of a lot of reproductive material of a single species collected during one crop season from within stated breeding zone(s) or from within stated five hundred foot elevation increment(s) in stated seed zone(s) that is collected or processed at one time.

(d) "Breeding zone" means a specific designated unit of land, the description of which is on file at the certifying agency, for which an improved population of trees of a specific species or species cross is being produced.

(e) "Buyer" means person who first receives reproductive material from the collector.

(f) "Certificate of genetic identity" means a document furnished by the producer on demand and verified by the certifying agency describing the ancestry and breeding behavior of a lot of reproductive material.

(g) "Certification of reproductive material" means execution by certifying agency of field inspection, plant/warehouse inspection and/or audit to accomplish the purpose described in subsection (1) of this section.

(h) "Certifying agency" means the designated agent of the state agency: In Washington state, the designated agent is the Washington State Crop Improvement Association.

(i) "Certificate of provenance" means a document issued by certifying agency which verifies source and origin of reproductive material by field inspection and audit. (Only certificates of provenance are issued to satisfy O.E.C.D.)

(j) "Character" means a distinctive trait, but not necessarily an invariable feature, exhibited by all individuals of a group and capable of being described or measured: E.g., growth; form; color; resistance to disease, insects, weather, animals, etc.

(k) "Code" means a unique identification of a group of the producer's pertinent records about a lot of forest reproductive material.

(l) "Collector" means a person who collects forest reproductive material at its source.

(m) "Elevation" means altitude above sea level and is divided in five hundred foot increments as shown below, or may mean appropriate elevational bands as provided for under code or breeding zone.

| 0 | - | 500 feet | — | Code 05 | 2501 | - | 3000 feet | — | Code 30 | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | 501 | - | 1000 feet | — | Code 10 | 3001 | - | 3500 feet | — | Code 35 | | 1001 | - | 1500 feet | — | Code 15 | 3501 | - | 4000 feet | — | Code 40 | | 1501 | - | 2000 feet | — | Code 20 | 4001 | - | 4500 feet | — | Code 45 | | 2001 | - | 2500 feet | — | Code 25 | 4501 | - | 5000 feet | — | Code 50 | | | | | | | and so forth. | | | | |

(n) "Field" inspection means observation by certifying agency of all activities and records involved in propagation, collection, buying, production, and transportation of forest reproductive material to assure compliance with field standards.

(o) "Forest reproductive material" means plant material of genera and species of trees which will be used for forestry.

(p) "Genetic identity" means the ancestry and breeding background of selected and tested classes only of the forest reproductive material.

(q) "Genetic superiority" means that forest reproductive material originated from tree(s) whose superiority in one or more characters important to forestry has been proven by tests conducted in specified environments.

(r) "Location" means description by seed zone or portion thereof and elevation and/or breeding zone or code.

(s) "Legal description" means legal cadastral survey subdivision.

(t) "Lot" means a homogeneous quantity of forest reproductive material.

(i) For tested and selected classes, it is of a single species, cultivar, or cross collected during one crop season from a distinctively described and recorded population of trees.

(ii) For source identified class, it is a single species collected during one crop season from within stated seed zone(s) and from within five hundred foot elevation increment(s)or breeding zones or appropriate codes.

(iii) For an audit class, it is a single species collected during one crop season from within stated seed zone(s) and from within five hundred foot elevation increment(s).

(iv) Lots shall be identified by number and/or code or breeding zone.

(u) "Origin" means the location of the indigenous parents; for nonindigenous parents, it is the location from which the seed or plants were originally introduced.

(v) "Plant/warehouse inspection" means observation by certifying agency of all activities and records involved in receiving, processing, storage and labeling of forest reproductive material to assure compliance with conditioning standards.

(w) "Producer" means person, company, bureau or agency with overall responsibility for producing forest reproductive material.

(x) "Provenance" means the original geographic source of seed, pollen or propagules.

(y) "Reproductive material" means seed, pollen, trees, cuttings, scions, etc., originating from forest trees.

(z) "Seed zone" means a geographic area delineated on western forest tree seed council's tree seed zone map published July 1973, or similarly authoritative maps of seed zones as approved by certifying agency.

(aa) "Source" means the location of the immediate parents, the origin of which may be indigenous, nonindigenous, or unknown.

(bb) "Test" means evaluation of parents by comparing the performance of their offspring under more controlled conditions that exist for the parent(s) or other applicable tests which evaluate specific character(s) of the parents or the offspring.

(cc) "Unit of measure" means a consistent volume of measure, i.e., bushels, pounds, grams, number, cubic centimeters, etc.

History

Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. WSR 14-10-047, § 16-319-020, filed 5/1/14, effective 6/1/14. Statutory Authority: Chapter 15.49 RCW. WSR 87-12-006 (Order 1930), § 16-319-020, filed 5/22/87
WSR 84-13-079 (Order 1834), § 16-319-020, filed 6/21/84
WSR 80-10-001 (Order 1704), § 16-319-020, filed 7/24/80
WSR 79-05-070 (Order 1625), § 16-319-020, filed 4/30/79
Order 1506, § 16-319-020, filed 4/11/77
Order 1369, § 16-319-020, filed 6/12/74
Order 1151, § 16-319-020, filed 4/16/70
Order 1089, § 16-319-020, filed 6/4/68
Order 1044, Regulation 1-5, filed 4/14/67, effective 5/5/67
Order 1030, filed 8/19/66, effective 9/19/66.

Wash. Admin. Code § 16-319-030 Classes of reproductive material.

(1) "Tested class" means that forest reproductive material came from tree(s) which have been tested for specific character(s) as determined by progeny or other applicable tests and under specified conditions. Further, such forest reproductive material is produced and processed in a manner assuring genetic identity common with the tested material, and, for nursery stock, that it was produced from tested reproductive material. Said forest reproductive material shall be labeled with a blue label stating "tested." Certifying agency shall examine trees and reproductive material; exercise field, plant, and warehouse inspection, and audit all pertinent records involved.

(2) "Selected class" means that reproductive material came from trees that were selected for specific character(s). Two subclasses are recognized:

Subclass A: Reproductive material is obtained from selected trees and, in addition for tree seed, the male parent(s) is also selected.

Subclass B: Applies to tree seed when only one parent is selected.

Both subclasses shall be labeled with a green label stating "selected" and the subclass. Certifying agency shall examine trees and reproductive material; exercise field, plant, and warehouse inspection, and audit all pertinent records involved.

(a) "Selected subclass A" means that the donor or parents of the reproductive material are selected, known, and of record, but have no test results of record, and, for nursery stock, that it was produced from selected subclass A or better reproductive material.

(b) "Selected subclass B" means that only one parent of the tree seed is selected, known, and of record and reproductive material has not been tested, and, for nursery stock, that it was produced from selected subclass B or better reproductive material.

(3) "Source identified class" means that the reproductive material came from within a seed zone(s) or portion thereof (as defined by legal description) and from within a 500-foot elevation increment(s) or breeding zone(s) or code(s).

Subclass A: Personally supervised production.

Subclass B: Procedurally supervised production.

Both classes of said reproductive material shall be labeled with a yellow label stating "source identified" and the subclass. Certifying agency shall exercise field inspection, plant/warehouse inspection, and audit.

(a) "Subclass A source identified" means that applicant and certifying agency personally know beyond a reasonable doubt the seed zone(s) or portion thereof and 500-foot elevation increment(s) within which cones and/or reproductive material were collected; and, for nursery stock, that it was produced from subclass A source identified or better reproductive material. Certifying agency knows location from applicant's prior written plan of their reproductive material collecting and/or producing activities. For source identified subzone collections, a representative of the producer, whose major responsibility is observation of picker location, shall make daily observations within the collection area.

(b) "Subclass B source identified" means that applicant and certifying agency know reproductive material is identified as collected from within a seed zone(s) and from within a 500-foot elevation increment(s), and for nursery stock, that it was produced from subclass B source identified or better reproductive material.

(4) "Audit class" means that the applicant's records of procurement, processing, storage, and distribution state that the reproductive material was collected from within stated seed zone(s) or described portions thereof and from within 500-foot elevation increment(s), and, for nursery stock, certifying agency knows that it was produced from audit class or better reproductive material. Containers of said reproductive material shall carry a serially numbered brown and white label stating "audit certificate." All records of the applicant for this class of reproductive material are subject to audit.

History

Statutory Authority: RCW 15.49.005 and 43.01.160. WSR 24-22-043, s 16-319-030, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. WSR 14-10-047, § 16-319-030, filed 5/1/14, effective 6/1/14. Statutory Authority: Chapter 15.49 RCW. WSR 87-12-006 (Order 1930), § 16-319-030, filed 5/22/87
WSR 80-10-001 (Order 1704), § 16-319-030, filed 7/24/80
Order 1506, § 16-319-030, filed 4/11/77
Order 1369, § 16-319-030, filed 6/12/74
Order 1151, § 16-319-030, filed 4/16/70.

Wash. Admin. Code § 16-319-041 Application for certification of forest reproductive material.

(1) The conditions of applicant's submittal and of certifying agency's acceptance of application are:

(a) The application should show all classes for which certification services are requested.

(b) All reproductive material acquired or distributed by applicant of a type for which certification is requested is subject to audit.

(d) Applicant is responsible for developing a record keeping system and labels available and satisfactory to the certifying agency.

(e) Certifying agency reserves the right to refuse certification service to applicant.

(f) Application for audit certification reproductive material shall be filed with the certifying agency.

(2) Timing of application requests for certification services:

(a) Application requests for source identified subclass B and lower classes for the current year's production of reproductive material shall be received by certifying agency from applicant not later than three days prior to initiation of collection, production, or propagation of forest reproductive material.

(b) For source identified subclass A and higher certification class, the applicant shall make application for service, and present a written plan to the certifying agency two weeks prior to the beginning of the collection season. The written plan will include the following:

(i) For subzone collection, areas shall be defined by legal description.

(ii) Details of the collection organization including names of buyers and field supervisors, estimated harvest volume, receiving station location(s), and other pertinent information.

(c) Application requests for all other services shall be received by certifying agency from applicant not later than seven days before need.

(3) The certifying agency establishes the fee schedule for certification services. These may be adjusted at the beginning of a crop year if certifying agency determines that costs are significantly more or less than anticipated: Provided, That increases shall not exceed twenty-five percent.

(a) Cones and seed:

(i) Tested and selected - The service includes review of test plans, audit of pertinent records and field inspection at the hourly job time rate shown in current fee schedule.

(ii) Source identified classes - The fee includes field inspection at the per bushel rate shown in the current fee schedule and audit of conditioning at the hourly rate also shown in the current fee schedule.

The fee for each lot containing less than sixty bushels shall be a maximum of thirty-six dollars: Provided, That the certifying agency, due to specific circumstances, may waive this maximum fee or a part thereof.

(iii) Audit class - The fee includes audit of applicant's field and conditioning records at the hourly rate shown in the current fee schedule.

(b) Trees: The fee includes the verification of the source of the trees from the seed source, stratification, sowing, bed identification, lifting, sorting, package identification, storing and/or transplanting.

(c) Not entered for certification: The fee for audit of reproductive material not entered for certification service is performed as required by and satisfactory to certifying agency to exercise said audit simultaneously with audit of reproductive material which applicant has requested certification service.

(d) The fee for certification classes applied for shall be charged whether or not offered material qualifies.

(e) The certifying agency may provide other services, such as training to comply with these standards, advising on the development of recordkeeping systems directly connected with certification needs if requested by the applicant.

(4) Fee schedule:

(a) Tree cones and seed -

| Certification Classes | Field Inspection | Audit | Fee Due | | --- | --- | --- | --- | | Tested and Selected | $27.00/hr. | $27.00/hr. | When billed | | Source Identified Classes: | | | | | Lots 11 bu. and more | $0.90/bu. | $27.00/hr. | | | Lots 6-10 bu. | $23.00/lot | $27.00/hr. | | | Lots 0-5 bu. | $13.00/lot | $27.00/hr. | | | Audit | None | $27.00/hr. | When billed |

(b) Tree certification - $27.00/hr.

Seedling certification - Experience has shown that seedling certification normally requires a minimum of five nursery visits totaling approximately thirty-two hours. Plantation certification procedures shall be billed at the hourly rate.

(c) Other services including education to comply with the standards, development of record system, verification of source of pollen, cuttings, audit of forest reproductive material not offered for certification by applicant or other services requested, etc. at $27.00/hr. payable when billed.

(d) OECD certification (certificates of provenance) - $0.60 per certificate plus the hourly audit rate. (Auditors shall issue certificates.)

History

Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. WSR 14-10-047, § 16-319-041, filed 5/1/14, effective 6/1/14. Statutory Authority: RCW 15.49.310, 15.49.370(3), and chapter 34.05 RCW. WSR 06-11-066, § 16-319-041, filed 5/12/06, effective 6/12/06
WSR 05-05-051, § 16-319-041, filed 2/14/05, effective 3/17/05
WSR 04-06-028, § 16-319-041, filed 2/24/04, effective 3/26/04. Statutory Authority: RCW 15.49.995, 15.49.310, 15.49.370(3) and chapter 34.05 RCW. WSR 03-06-006, § 16-319-041, filed 2/20/03, effective 3/23/03
02-05-081, § 16-319-041, filed 2/20/02, effective 3/23/02. Statutory Authority: RCW 15.49.370(3). WSR 99-24-043, § 16-319-041, filed 11/24/99, effective 12/25/99
WSR 98-12-031, § 16-319-041, filed 5/28/98, effective 6/28/98
WSR 96-11-044 (Order 5097), § 16-319-041, filed 5/8/96, effective 6/8/96. Statutory Authority: Chapter 15.49 RCW. WSR 87-12-006 (Order 1930), § 16-319-041, filed 5/22/87
WSR 84-13-079 (Order 1834), § 16-319-041, filed 6/21/84
WSR 80-10-001 (Order 1704), § 16-319-041, filed 7/24/80
WSR 79-05-070 (Order 1625), § 16-319-041, filed 4/30/79
Order 1506, § 16-319-041, filed 4/11/77
Order 1369, § 16-319-041, filed 6/12/74
Order 1189, § 16-319-041, filed 4/16/71
Order 1151, § 16-319-041, filed 4/16/70.

Wash. Admin. Code § 16-319-051 Forest reproductive material—Field standards.

(1) Tested and selected classes. Applicant shall maintain continuous record(s) satisfactory to certifying agency which maintains the identity of the reproductive material through all stages of production, collection, processing, storage, and disbursement from stores, and, in addition, such records as needed to trace the pedigree and document the performance of the reproductive material. The records shall include but are not limited to those involving:

(a) Selection, location, and origin of the parent trees.

(b) Pollen, seed, scions, etc., collection, processing, inventory, storage, and use in tree improvement and breeding programs.

(d) Nursery stock production. Certifying agency shall inspect all phases of the field operation including periodic checks of parent trees, pollen and scion collections; pollinations; cone harvest, storage, processing and inventory; and tests, together with appropriate records.

(2) Source identified reproductive material. Applicant shall develop and make correct use of collector and buyer labels, collector registration, and transportation records, and for nursery stock, labels and records identifying the stock as originating from source identified or better reproductive material.

(a) Subclass A.

(i) Control of collectors shall be such that applicant and certifying agency personally know beyond a reasonable doubt the seed zone or breeding zone or code or portions thereof (as delineated by legal description), and 500-foot elevation increment or specified elevation increment for breeding zone(s) or code(s) within which reproductive material was collected. Control of producers of nursery stock shall be such that applicant and certifying agency personally know beyond a reasonable doubt that the nursery stock was produced from source identified subclass A or better reproductive material.

(ii) Applicant shall provide certifying agency with a written reproductive material collection and/or nursery stock production plan (not later than three days) prior to collection of reproduction material or production of nursery stock.

(iii) Further, all following requirements of subclass B shall be met.

(b) Subclass B.

(i) All collectors shall be supervised sufficiently so that either buyers know where reproductive material was collected, or buyers shall purchase all reproductive material that collectors present for sale without differential of acceptance stated or implied, as to source, location, seed zone, or elevation.

(ii) Buyer shall require collector to sign collector's registration record prior to collection of reproductive material. Buyer shall also issue collector's labels, and direct collector to complete them and place them in or attach them to each container of reproductive material before it is transported from point of collection. Coincident with purchase of reproductive material, collector shall complete description on labels including species, source by seed zone, breeding zone or code, elevation increment, special collection area if any, certification class, date of purchase and signature or initials.

(iii) Buyer shall maintain a buyer record on a form for all reproductive material received, listing species, seed zone, elevation increment, units of reproductive material, date of purchase, collector's name and buyer's name.

(iv) Buyer shall maintain transportation record showing species, seed zone, elevation increment, units of reproductive material, and date shipped.

(v) Producers of nursery stock shall be supervised sufficiently so that applicant knows that the stock was produced from source identified subclass B or better reproductive material.

(vi) The certifying agency shall advise the applicant of problems or conditions that affect competent verification or execution of these standards by certifying agency and applicant.

(vii) Unless other arrangements are made, the certification class shown by the producer on all containers of reproductive material shall be verified by the certifying agency before being transported from the receiving station. The producer is responsible for evidence of verification of the certification class applied for.

(3) Audit class reproductive material.

(a) Buyer shall require collector to sign collector's registration record and to complete collector's labels prior to purchase of reproductive material.

(b) Buyer shall maintain a buyer record on a form for all reproductive material received, listing species, seed zone, elevation increment, units of reproductive material, date of purchase, collector's name and buyer.

(c) Buyer or other shipper of reproductive material shall maintain a transportation record showing species, seed zone, elevation increment, units of reproductive material and date shipped.

(d) Producers of nursery stock shall maintain auditable records identifying the stock as being produced from audit class or better reproductive material.

History

Statutory Authority: RCW 15.49.005 and 43.01.160. WSR 24-22-043, s 16-319-051, filed 10/28/24, effective 11/28/24. Statutory Authority: Chapter 15.49 RCW. WSR 87-12-006 (Order 1930), § 16-319-051, filed 5/22/87
WSR 80-10-001 (Order 1704), § 16-319-051, filed 7/24/80
Order 1506, § 16-319-051, filed 4/11/77
Order 1369, § 16-319-051, filed 6/12/74
Order 1151, § 16-319-051, filed 4/16/70.

Wash. Admin. Code § 16-319-061 Forest reproductive material—Conditioning standards.

(1) Applicant shall maintain a continuous record for each lot and batch of reproductive material at each plant or warehouse, showing lot and batch number or code, species, seed zone, breeding zone or code, elevation increment, date received and units of reproductive material. Reproductive material stored at plant or warehouse prior to conditioning shall be assembled by lot or batch and so arranged as to be reasonably accessible for audit. The auditor will advise producer before making changes in the certification class of cones or seed offered by the producer.

(2) Labels shall be maintained on containers until reproductive material is conditioned. During conditioning, labels shall be removed and immediately deposited in a container marked with the lot or batch designation or code. Upon completely emptying the containers for each lot or batch of audit or source identified classes, the package of labels from it shall be closed and set aside for examination by the certifying agency auditor. All labels for tested and selected classes shall be attached to or placed inside of the seed containers by the producer for examination by the certifying agency auditor. These labels shall remain with the seed until the lot is depleted.

(3) All reproductive material shall be handled in a manner to prevent lot mixture and maintain lot identity. All machinery, containers, and equipment shall be thoroughly cleaned before conditioning another lot or batch.

(4) Specific requirement: Certifying agency may refuse to certify reproductive material failing to meet the following maximum standards: Other distinguishable species or cultivars: Seed one-half of one percent by weight; trees, cuttings, scions, etc. one percent by number; pollen one percent by number.

(5) Labeling and sealing of tested, selected, or source identified reproductive material shall be done by the certifying agency.

(a) Labeling of audit class reproductive material shall be done by the applicant with the label being affixed to the container: Provided, That for small sales (any quantity of reproductive material less than a full container of a size normally used by the applicant) the label may be affixed to the invoice or sales slip.

(6) For each lot of tested or selected reproductive material, a certificate of genetic identity shall be prepared and affirmed by the producer upon demand and, if verified by the certifying agency, shall be signed and placed in or attached to each container before other labels or seals are affixed. The certificate of genetic identity shall include the following information:

(a) For both tested and selected reproductive material, the lot number, breeding zone or code and information on:

(i) The donor or parents which produced the reproductive material, including their selection generation, type of selection made, selected character(s), seed zone(s) and elevation increment(s) in which selection was made, and selection procedure.

(ii) For each prior selection generation, the same information.

(iii) For sexual reproductive material, whether pollination was controlled or not: If controlled, the pollen situation; if controlled, the pollen or pollen mix used, including identification of pollen parent(s), also the number of maternal parents, and, if applicable, the crossing design used.

(b) For tested reproductive material only.

(i) A progeny, clonal, or other applicable test plan shall normally be submitted to the certifying agency for review and acceptance before installation. Acceptance of the test plan may be made after installation providing requirements in WAC 16-319-051(1) and 16-319-061 (6)(b)(ii) are met. Applicant may request assistance from the certifying agency in the development of a plan.

(ii) The plan shall include in the test both randomization and replication for the material to be tested and the identity and background of the check material to be used.

(iii) Complete randomization and balanced randomized blocks are recommended. The actual design of the established test shall be recorded in detail.

(iv) Trees to be planted for tests shall be grown together in soil as uniform as possible, or, if they are grown in different soils, shall be so distributed that like proportions of all clones or progenies are produced in each distinct class of soil.

(v) Test measurements are to be presented in numerical form. Each character to be evaluated is to be measured separately. The genetic superiority as compared with the check shall be clearly demonstrated for at least one of the characters being tested. Characters of economic importance in forestry identified in the test shall be clearly reported if they are significantly inferior at the ninety-five percent level to those of the check material.

(vi) The results of the test measurements and data shall be readily available to the certifying agency and prospective user or purchaser.

(7) A document, acceptable to the certifying agency for informing the purchaser of species and certification information of each item, and, for auditing purposes, shall be issued by the producer for each sale of tested, selected, source identified, and audit class reproductive material. Such document may be a certificate of provenance for tested, selected, or source identified reproductive material, or an invoice, shipping order, or sales slip for audit class reproductive material. The certifying agency may authorize use of said certificate of provenance for portions of reproductive material from labeled and sealed containers in lieu of labels and seals when relabeling and resealing by the certifying agency is impractical.

(8) If a lot is composed of reproductive material from more than one seed zone, elevation increment or code in excess of seven percent if of contiguous seed zones, elevation increments, or codes or if in excess of two percent of other than contiguous seed zones, elevation increments, or codes, the certification label shall show all seed zones, elevation increments, or codes either with or without the percentage of each.

(9) The allowance for accidental mixing of noncertifiable reproductive material with audit class, or noncertifiable or audit class reproductive material with source identified classes is two percent. When in excess of two percent, the lot shall drop to the lowest class represented. No mixing of lower classes with selected or tested classes is permissible.

History

Statutory Authority: Chapter 15.49 RCW. WSR 87-12-006 (Order 1930), § 16-319-061, filed 5/22/87
WSR 84-13-079 (Order 1834), § 16-319-061, filed 6/21/84
WSR 80-10-001 (Order 1704), § 16-319-061, filed 7/24/80
Order 1506, § 16-319-061, filed 4/11/77
Order 1369, § 16-319-061, filed 6/12/74
Order 1247, § 16-319-061, filed 4/13/72, effective 5/14/72
Order 1151, § 16-319-061, filed 4/16/70.

Wash. Admin. Code § 16-319-081 Forest reproductive material—Affirmation by certifying agency.

Affixing of label or label and seal to a container of forest reproductive material or to a certificate of provenance or certificate of genetic identity by the certifying agency affirms that to the best of its knowledge the reproductive material meets these forest reproductive material certification standards.

History

Statutory Authority: Chapter 15.49 RCW. WSR 87-12-006 (Order 1930), § 16-319-081, filed 5/22/87
Order 1506, § 16-319-081, filed 4/11/77
Order 1369, § 16-319-081, filed 6/12/74
Order 1151, § 16-319-081, filed 4/16/70.

Wash. Admin. Code § 16-319-091 Forest reproductive material—Mixing of lots.

(1) When lots collected in the same or different crop seasons are deliberately mixed, the new lot shall be given a new identification number and certification label. The certification class shall drop to the lowest certification class represented in the new lot.

(2) For the tested and selected classes, the certification label shall show the components of the new lot and the percentage of each in the new lot, or this information shall be contained on a properly executed certificate of genetic identity placed in, or attached to each container of the lot before other labels or seals are affixed.

(3) For the source identified classes and the audit class, the certification label shall show the components of the new lot and the percentage of each in the new lot.

(4) Lots being mixed shall be uniformly blended into the new lot so that they are near equally represented throughout the new lot.

(5) The producer of the new lot shall make the last viability information for the component parts of the new lot available to the certifying agency and prospective user or buyer upon demand.

History

Statutory Authority: Chapter 15.49 RCW. WSR 87-12-006 (Order 1930), § 16-319-091, filed 5/22/87.

Wash. Admin. Code § 16-319-101 Forest reproductive material—Rejection of certification.

Any lot may be rejected if certifying agency determines that said lot fails to meet these standards. The privilege of certification may be withdrawn by certifying agency for a definite period of time in case of flagrant violations of field or processing standards. If applicant believes an erroneous decision has been rendered, they may make written appeal to certifying agency for review by its governing body.

History

Statutory Authority: RCW 15.49.005 and 43.01.160. WSR 24-22-043, s 16-319-101, filed 10/28/24, effective 11/28/24. Statutory Authority: Chapter 15.49 RCW. WSR 87-12-006 (Order 1930), § 16-319-101, filed 5/22/87.

Chapter 16-322 Certification of mint planting stock.

Wash. Admin. Code § 16-322-010 Mint planting stock certification—Applications and fees.

(1) Mint planting stock may be designated as foundation stock, registered stock or certified stock if the planting stock and plants from which it has been propagated have been inspected, tested and determined to meet the requirements of this chapter.

(2) The applicant must furnish all information requested on the application for certification, including, but not limited to, the crop, variety, class planted, date planted, source of seed or plants, acreage, field number, applicant's name and address, applicant's signature, and date of application. The applicant must allow the department to take plants or plant parts from any planting for examination and/or testing. Application for inspection and testing of registered and certified stock must be filed with the Washington State Department of Agriculture, Plant Services Program, P.O. Box 42560, Olympia, WA 98504-2560 by May 1 of each year, accompanied by a seventy-five dollar application fee.

(3) Payment is due and payable upon completion of any service. Bill may be arranged subject to department policies and procedures.

(4) The department will remove any applicant from the certification program for nonpayment of fees.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-23-095, § 16-322-010, filed 11/21/00, effective 12/22/00
WSR 85-15-017 (Order 1865), § 16-322-010, filed 7/8/85
Order 1017, Regulation 5, filed 5/20/66
Order 952, Regulation 5, filed 7/17/64
Order 888, Regulation 1, filed 6/4/62.

Wash. Admin. Code § 16-322-012 Definitions.

(1) "Certified planting stock" means planting stock produced directly from registered planting stock in compliance with this chapter.

(2) "Department" means the Washington state department of agriculture.

(3) "Foundation planting stock" means planting stock originating directly from healthy clones maintained by Washington State University or other equivalent sources approved by the department.

(4) "Mint flea beetle" means the insect Langitarsus ferrugineus.

(5) "Mint planting stock" means any plant or propagative plant part of the genus Mentha.

(6) "Mint root borer" means the insect Fumibotys fumalis.

(7) "Mint rust" means the disease caused by the fungal organism Puccinia menthae Pers.

(8) "Mint stem borer" means the insect Pseudogaris nigrina.

(9) "Noxious weed" means a plant that when established is highly destructive, competitive, or difficult to control by cultural or chemical practices.

(10) "Off-type" means appearing under visual examination to be different from the species or variety listed on the application for registration or certification, or exhibiting symptoms of a genetic or nontransmissible disorder.

(11) "Registered planting stock" means planting stock produced directly from foundation planting stock in compliance with this chapter.

(12) "Root knot nematode" means the nematode Meloidogyne hapla.

(13) "Root lesion nematode" means any nematode of the genus Pratylenchus.

(14) "Strawberry root weevil" means the insect Otiorhynchus ovatus.

(15) "Verticillium wilt" means the disease caused by the fungus Verticillium dahliae.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-23-095, § 16-322-012, filed 11/21/00, effective 12/22/00
WSR 85-15-017 (Order 1865), § 16-322-012, filed 7/8/85
Order 1017, Regulation 1, filed 5/20/66
Order 952, Regulation 1, filed 6/4/62.

Wash. Admin. Code § 16-322-015 Requirements for the production of registered and certified mint rootstock.

(1) Planting sites for production of certified or registered mint planting stock must be inspected and approved by the department at least thirty days prior to planting. At a minimum, land for a planting site must fulfill all of the following conditions:

(a) It must not have grown mint previously;

(b) It must be free of noxious weeds;

(d) It must be at least one thousand feet from any mint field not of equal standard.

(2) In all cases where adjoining fields are planted with different species or varieties of mint, the fields must be separated by a minimum of twenty feet to prevent mechanical mixing during harvesting and transport of mint planting stock.

(3) Soil borne insects, noxious weeds and nematodes must be controlled.

(4) Fields must be free of off-type mint plants.

(5) Roguing certified or registered mint fields without permission of the department is prohibited.

(6) Hay from registered planting stock fields may be harvested for oil if the harvesting equipment is sterilized prior to entry into the registered field by steam cleaning or by other methods approved by the department.

(7) All sanitation methods and procedures must be approved by the department.

(8) All sources of water used to irrigate certified or registered planting stock fields must be approved by the department.

(9) Harvesting equipment must be sterilized by steam cleaning, or other approved methods before being used on another lot or farm.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-23-095, § 16-322-015, filed 11/21/00, effective 12/22/00
WSR 85-15-017 (Order 1865), § 16-322-015, filed 7/8/85
Order 1087, § 16-322-015, filed 4/24/68, effective 5/24/68
Order 1017, Regulation 2, filed 5/20/66
Order 952, Regulation 2, filed 7/17/64
Order 888, Regulation 2, filed 6/4/62.

Wash. Admin. Code § 16-322-025 Mint planting stock inspections.

(1) The department will conduct a minimum of two field inspections of registered and certified mint planting stock at times when plants are likely to express symptoms or damage from verticillium wilt, mint root borer, mint flea beetle, mint stem borer, strawberry root weevil, root knot nematode and root lesion nematode. Additional inspections and tests may be conducted if they are judged necessary by the department.

(a) The department will conduct the first field inspection in or about July. The department will analyze samples for tomato spotted wilt virus, impatiens necrotic spot virus and potato virus Y.

(b) The department will conduct the second field inspection in or about late September. The department will analyze samples of feeder roots from each acre for root knot nematode and root lesion nematode. Samples of stolons will be collected and examined for mint root borers. The department will note the presence of noxious weeds.

(2) The department will inspect certified and registered mint planting stock after harvest.

(3) All inspections and analyses performed by the department under provisions of this chapter are charged in compliance with provisions of chapter 16-470 WAC.

(4) The department will issue an inspection certificate for each inspection. The inspection certificate will note the presence of pests detected by analysis or visual inspection and, when possible, the level of infestation. Inspection certificates will be furnished to the grower, and copies will be available upon request to any other person.

(5) It is the responsibility of the grower to notify the department before mint hay is cut, so that the required inspections can be performed.

(6) Certification may be denied if the department is unable to complete the required field or post harvest inspections.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-23-095, § 16-322-025, filed 11/21/00, effective 12/22/00
WSR 85-15-017 (Order 1865), § 16-322-025, filed 7/8/85
Order 1017, Regulation 4, filed 5/20/66
Order 952, Regulation 4, filed 7/17/64
Order 888, Regulation 4, filed 6/4/62.

Wash. Admin. Code § 16-322-035 Washington standards for mint planting stock.

(1) Washington No. 1 mint planting stock consists of mint rhizomes with similar varietal characteristics which are (a) fresh, (b) firm, (c) moist, (d) free of mold, (e) free of detectable, detrimental insects, nematodes, diseases and other pests, and (f) reasonably free of excess soil.

(2) Tolerances. In order to allow for variations incident to proper grading and packing, not more than a combined total of five percent, by count, of the rhizomes in any lot may fail to meet the requirements of Washington No. 1 as defined in this section.

(3) Specific requirements.

| | Tolerance for: | | | | --- | --- | --- | --- | | Pests and Diseases | Foundation planting stock | Registered planting stock | Certified planting stock | | Mint flea beetle | 0 | 0 | 1% | | Rootknot nematode | 0 | 0 | 0 | | Verticillium wilt | 0 | 0 | 0 | | Mint rust | Trace | Trace | 1% | | Other pests and diseases | 1% | 1% | 1% |

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-23-095, § 16-322-035, filed 11/21/00, effective 12/22/00
WSR 85-15-017 (Order 1865), § 16-322-035, filed 7/8/85
Order 1087, § 16-322-035, filed 4/24/68, effective 5/24/68
Order 1017, Regulation 6, filed 5/20/66
Order 952, Regulation 6, filed 7/17/64
Emergency Order 949, filed 5/18/64
Order 888, Regulations 5 and 6, filed 6/4/62.

Wash. Admin. Code § 16-322-040 Certifying agency issuance of certificate.

(1) Issuance of a state of Washington certified plant tag, stamp or other document under this chapter means only that the tagged, stamped or otherwise documented mint planting stock has been subjected to procedures and requirements described in this chapter and determined to be in compliance with its standards and requirements. The department disclaims all express or implied warranties, including without limitation, implied warranties of merchantability and fitness for particular purpose, regarding all plants, plant parts, and plant materials under this chapter.

(2) The department is not responsible for disease, genetic disorder, off-type, failure of performance, mislabeling, or otherwise, in connection with this chapter. No grower, nursery dealer, government official, or other person is authorized to give any expressed or implied warranty, or to accept financial responsibility on behalf of the department regarding this chapter.

(3) Participation in the mint planting stock certification program is voluntary.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-23-095, § 16-322-040, filed 11/21/00, effective 12/22/00
WSR 85-15-017 (Order 1865), § 16-322-040, filed 7/8/85
Order 1017 (part), filed 5/20/66
Order 952 (part), filed 7/17/64
Order 888, Regulation 7 (part), filed 6/4/62.

Wash. Admin. Code § 16-322-045 Identification and movement of mint rootstock.

(1) The department will issue a certificate for mint planting stock that meets the requirements of this chapter and will authorize the use of official certificates and seals for the identification of such planting stock. The certificate will indicate presence of noxious weeds at the final field inspection and the level of infection by pests listed in WAC 16-322-025(1).

(2) Any person selling certified mint planting stock is responsible for the identity of the planting stock bearing each certificate and for such planting stock meeting the requirements of the certification program. Persons issued certificates authorized by the program must account for all planting stock produced and sold and must keep and allow the department to examine all necessary records.

(3) All registered and certified mint planting stock moving from the place of origin must be conveyed in clean trucks and covered by new plastic or clean canvas tarps and properly sealed.

(4) The department will deny certification for any mint planting stock that fails to meet the minimum standards, tolerances and criteria established in this chapter.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-23-095, § 16-322-045, filed 11/21/00, effective 12/22/00
WSR 85-15-017 (Order 1865), § 16-322-045, filed 7/8/85
Order 1087, § 16-322-045, filed 4/24/68, effective 5/24/68
Order 1017, Regulation 7, filed 5/20/66
Order 952, Regulation 7, filed 7/17/64
Emergency Order 949, filed 5/18/64
Subsection (1) from Order 888, Regulation 7, filed 6/4/62.

Chapter 16-324 Certification of seed potatoes.

Wash. Admin. Code § 16-324-361 Definitions.

"Certification" means that the lot of seed potatoes was inspected and meets the requirements of this chapter.

"Cull" means any lot of potatoes rejected for certification for any reason.

"Department" means the department of agriculture of the state of Washington.

"Director" means the director of the department of agriculture or their duly appointed representative.

"Disease tested" means tested for and found free of all of the following diseases: Potato virus A (PVA), potato virus M (PVM), potato virus S (PVS), potato virus X (PVX), potato virus Y (PVY), potato leafroll virus (PLRV), potato mop top virus (PMTV), potato spindle tuber viroid (spindle tuber), Erwinia carotovora ssp. carotovora (soft rot), Erwinia carotovora ssp. atroseptica (black leg) and Clavibacter michiganense spp. sepedonicus (ring rot).

"ELISA testing" means laboratory testing by enzyme-linked immunosorbant assay or other equivalent methodologies.

"Micropropagated" means potato stock propagated using aseptic laboratory techniques and culture media to promote plant tissue growth.

"Microtubers" means tubers produced in vitro by a micropropagated plant or plantlet.

"Minitubers" means tubers produced under controlled greenhouse conditions.

"Nematode" means plant parasitic nematodes capable of infesting potatoes, including but not limited to the genus Meloidogyne.

"Nuclear stock" means plantlets, microtubers, minitubers, or seed potatoes produced from prenuclear stock, and grown in the field for the first time.

"Plot" means a seed potato planting that is 0.25 acre or less in size.

"Powdery scab" means the disease caused by the fungus Spongospora subterranea.

"Prenuclear" means micropropagated plants or tubers and plants or minitubers produced in a greenhouse.

"Quarantine pest" means a pest of potential economic importance and not yet present in the state, or present but not widely distributed and being officially controlled.

"Recertification" means the process of certifying a seed lot that was certified the previous year.

"Rogue" means removing diseased or undesirable plants, including all associated plant parts, from a seed potato field.

"Seed lot" means a field, in whole or in part, or a group of fields producing seed potatoes, or the potato tubers harvested from a seed potato field.

"Seed potato farm" means a separate seed potato enterprise, including all land, equipment, storages and all facilities used to produce only certified seed potatoes.

"Seed potatoes" means vegetatively propagated tubers used for potato production.

"Seed source" means seed potatoes produced by an individual seed potato farm within a particular seed production area.

"Trace" means a barely perceivable indication of plant disease that amounts to less than 0.001 percent of sample.

"Tolerance" means the maximum acceptable percentage of potato plants or tubers that is diseased, infected by plant pests, defective or off-type based on visual inspection or laboratory testing by the director or other authorized person.

"Unit method" means a method of planting in which cut seed pieces from one tuber are dropped consecutively in a row, or in which all tubers from one plant are dropped consecutively in a row.

History

Statutory Authority: RCW 15.14.015 and 43.01.160. WSR 24-22-040, s 16-324-361, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 15.14.015 and chapter 34.05 RCW. WSR 15-01-042, § 16-324-361, filed 12/9/14, effective 1/9/15
WSR 13-12-014, § 16-324-361, filed 5/24/13, effective 6/24/13. Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 07-11-010, § 16-324-361, filed 5/3/07, effective 6/3/07. Statutory Authority: Chapter 15.14 RCW. WSR 02-12-010, § 16-324-361, filed 5/23/02, effective 6/23/02
WSR 00-20-070, § 16-324-361, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. WSR 97-11-028, § 16-324-361, filed 5/14/97, effective 6/14/97.

Wash. Admin. Code § 16-324-370 General guidance.

(1) Participation in this program is voluntary, except as provided in chapter 15.15 RCW, and may be withdrawn at the option of the applicant.

(2) The department will refuse or cancel certification of any seed potato planting or seed potato lot that fails to comply with this chapter.

(3) Issuance of a certified state of Washington tag, stamp or other document under this chapter means only that the tagged, stamped or otherwise documented seed potatoes have been subjected to procedures and requirements described in this chapter and determined to be in compliance with its standards and requirements. The department disclaims all express or implied warranties, including without limitation implied warranties of merchantability and fitness for particular purpose, regarding all plants, plant parts, and plant materials under this chapter. Certification is based solely on compliance with this chapter.

(4) The department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling or otherwise, in connection with this chapter. No grower, dealer, government official, or other person is authorized to give any expressed or implied warranty, or to accept financial responsibility on behalf of the department regarding this chapter.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-20-070, § 16-324-370, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. WSR 97-11-028, § 16-324-370, filed 5/14/97, effective 6/14/97. Statutory Authority: Chapter 15.14 RCW. WSR 78-12-034 (Order 1587), § 16-324-370, filed 11/21/78
Order 1199, § 16-324-370, filed 5/5/71, effective 6/7/71.

Wash. Admin. Code § 16-324-375 Application and withdrawal.

(1) To apply for certification, applicants must use the form provided by the department and furnish all information requested, including the date, name, signature and address of the applicant, lot number, seed source identification number, variety, class planted, acres, date planted, seed spacing at planting, average length of rows, year the field was last cropped to potatoes, along with their variety and lot number, and a map of the field location. Applications for certification must reach the department on or before June 15 of each year, accompanied by the appropriate fee, field location maps and evidence of eligibility such as tags or certificates. A North American Certified Seed Potato Health Certificate is required for evidence of eligibility for seed lots originating in other states or Canada, and must be submitted with the application. A certificate of compliance is required for evidence of eligibility and must be submitted with the application for seed lots originating in Washington state except when planted back on the same seed potato farm. Unless prior approval has been granted, late applications will be assessed a late fee of twenty dollars per application. The department will not accept applications after July 10.

(2) Separate applications are required for each variety, seed source, and seed lot except as described in subsection (5) of this section.

(3) Separate applications are required for each field location that is separated by more than one hundred feet.

(4) Growers may withdraw a seed potato lot from certification for any reason by notifying the department in writing.

(5) Growers may use a single application for multiple varieties planted in a field plot totaling 1/8 acre or less. The application must contain the information required in subsection (1) of this section for each variety. Growers shall use one identification number for the field plot with a separate letter designation for each variety in the field plot.

History

Statutory Authority: RCW 15.14.015 and chapter 34.05 RCW. WSR 15-01-042, § 16-324-375, filed 12/9/14, effective 1/9/15. Statutory Authority: Chapters 15.13, 15.14 and 34.05 RCW. WSR 04-12-026, § 16-324-375, filed 5/26/04, effective 6/26/04. Statutory Authority: Chapter 15.14 RCW. WSR 02-12-010, § 16-324-375, filed 5/23/02, effective 6/23/02
WSR 00-20-070, § 16-324-375, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. WSR 97-11-028, § 16-324-375, filed 5/14/97, effective 6/14/97. Statutory Authority: Chapter 15.14 RCW. WSR 91-10-029 (Order 2083), § 16-324-375, filed 4/24/91, effective 5/25/91
WSR 86-15-045 (Order 1897), § 16-324-375, filed 7/17/86
WSR 78-12-034 (Order 1587), § 16-324-375, filed 11/21/78.

Wash. Admin. Code § 16-324-381 Certified seed potato stock—Fees.

(1) The seed potato certification fee is twenty-nine dollars per acre or fraction of an acre.

(2) The certification fee for a field plot is twenty dollars per application.

(3) The department may assess additional fees for time and mileage pursuant to chapter 16-470 WAC.

(4) Growers must submit a minimum of fifty percent of the total certification fees with the applications.

(5) Final payment of certification fees is due and payable November 1 of each year.

(6) For the purpose of fee assessment, acreage may be adjusted by no more than ten percent prior to the first field inspection. The department will refund certification fees, if a written withdrawal notice is received by the department prior to the first field inspection.

(7) Growers are not required to pay the final half of the certification fee on lots rejected or withdrawn before the second inspection.

(8) The department will deny certification to any applicant who fails to pay fees when due.

(9) The department will not accept applications from any grower owing the department for previous fees.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-20-070, § 16-324-381, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. WSR 97-11-028, § 16-324-381, filed 5/14/97, effective 6/14/97.

Wash. Admin. Code § 16-324-382 Seed potato classification.

(1) All seed potatoes entered for certification are classified on the basis of production phases as follows:

(a) Prenuclear (PN) - Micropropagated potatoes or seed potatoes grown in a greenhouse or screenhouse under sanitary conditions free of insects, weeds that can harbor potato diseases or other sources of disease contamination.

(b) Nuclear (N) - First field production year.

(d) Generation 2 (G2) - Third field production year.

(e) Generation 3 (G3) - Fourth field production year.

(f) Generation 4 (G4) - Fifth field production year.

(g) Generation 5 (G5) - Sixth field production year.

(2) If a seed lot fails to meet the standards established in this chapter for its class, then it will be reclassified to the earliest generation for which it meets established standards.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-20-070, § 16-324-382, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. WSR 97-11-028, § 16-324-382, filed 5/14/97, effective 6/14/97.

Wash. Admin. Code § 16-324-385 Production requirements.

(1) A grower may not recertify any seed lots, except nuclear, if ring rot has been detected on their seed potato farm during the previous two years. Nuclear seed potatoes may be recertified by the original grower if laboratory testing of the seed by a laboratory approved by the department shows negative results for ring rot.

(2) Prenuclear class.

(a) Prenuclear seed lots must be derived from disease tested micropropagated plants. All testing methods and laboratories must be approved by the department.

(b) A minimum of one percent (and not less than 20 samples) of prenuclear seed produced in a greenhouse must be tested and found free of potato virus X (PVX), potato virus Y (PVY), potato virus S (PVS), potato leafroll virus (PLRV), Erwinia carotovora ssp. caratovora (soft rot), Erwinia carotovora ssp. atroseptica (black leg), and Clavibacter michiganense ssp. sepedonicus (ring rot).

(c) The department will inspect all facilities used in the production of prenuclear class seed potatoes on a periodic basis. Department approval is necessary in order to utilize these facilities.

(3) Nuclear class.

(a) Nuclear class seed potatoes must be propagated entirely from prenuclear plants.

(b) Each nuclear class seed lot must be distinctly separated in storage and in the field.

(c) If a ground rig is used for spraying, wide enough spacing between rows must be left, so that tires will not touch plants during the growing season.

(d) Growers must plant cut seed and single drop seed separately, with single drop seed identified.

(4) Generations 1, 2, 3, 4 and 5.

(a) Growers must leave a distinct separation between lots of seed potatoes from different classes. The same separation must be left between different varieties, unless the varieties are readily distinguishable by visual observation. The separation must consist of one of the following:

(i) A strip of land at least six feet in width, that is unplanted or planted with another crop; or

(ii) Visible markers such as flags in every corner of the lot, and also at intervals not to exceed 100 yards.

(b) When more than one lot of seed potatoes is planted in the same field, growers must stake or mark the identity of each lot.

History

Statutory Authority: RCW 15.14.015 and 43.01.160. WSR 24-22-040, s 16-324-385, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 15.14.015 and chapter 34.05 RCW. WSR 13-12-014, § 16-324-385, filed 5/24/13, effective 6/24/13. Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 08-10-039, § 16-324-385, filed 4/30/08, effective 5/31/08
WSR 07-11-010, § 16-324-385, filed 5/3/07, effective 6/3/07. Statutory Authority: Chapter 15.14 RCW. WSR 00-20-070, § 16-324-385, filed 10/3/00, effective 11/3/00.

Wash. Admin. Code § 16-324-391 Eligibility requirements.

(1) Only seed potatoes derived from plants that have been disease tested and certified by an official certification agency are eligible for certification.

(2) Only seed lots that meet or exceed the minimum requirements as established in this chapter are eligible for certification. A seed lot that has more than a trace amount of virus disease noted during any field inspection is not eligible for recertification, unless it has been postharvest tested and meets the minimum standards established in WAC 16-324-420.

(3) A postharvest test is required for seed lots that will be recertified, except when planted back on the same seed potato farm.

(4) In order to be eligible for certification in Washington state, seed lots from other states or countries must be eligible for recertification in the state or country of origin and must meet the requirements of this chapter.

(5) A seed lot blended from two or more different sources of seed is not eligible for recertification.

(6) A seed lot infected with powdery scab is not eligible for recertification.

(7) Generation 5 (G5) seed lots are not eligible for recertification.

(8) The director may grant written permission to allow seed potato lots that fail to meet the eligibility requirements to be planted for recertification. Such written permission shall specify the conditions under which planting is allowed. Prior to granting permission, the director shall consult with the Washington state seed potato commission.

History

Statutory Authority: RCW 15.14.015 and chapter 34.05 RCW. WSR 15-01-042, § 16-324-391, filed 12/9/14, effective 1/9/15
WSR 13-12-014, § 16-324-391, filed 5/24/13, effective 6/24/13. Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 07-11-010, § 16-324-391, filed 5/3/07, effective 6/3/07. Statutory Authority: Chapter 15.14 RCW. WSR 00-20-070, § 16-324-391, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. WSR 97-11-028, § 16-324-391, filed 5/14/97, effective 6/14/97.

Wash. Admin. Code § 16-324-392 Isolation requirements.

(1) All field locations for nuclear and generation 1 production must have prior approval from the department.

(2) Generation 2 through generation 5 must be isolated by at least three hundred fifty feet from all noncertified potatoes.

(3) When ring rot is found in a field planted with more than one lot of seed potatoes, the department will reject the entire field.

History

Statutory Authority: RCW 15.14.015 and chapter 34.05 RCW. WSR 13-12-014, § 16-324-392, filed 5/24/13, effective 6/24/13. Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 07-11-010, § 16-324-392, filed 5/3/07, effective 6/3/07. Statutory Authority: Chapter 15.14 RCW. WSR 00-20-070, § 16-324-392, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. WSR 97-11-028, § 16-324-392, filed 5/14/97, effective 6/14/97.

Wash. Admin. Code § 16-324-393 Land requirements.

(1) The department will not accept any field infested with nematodes.

(2) Detection of ring rot in a field will make that field ineligible for production of certified seed potatoes for three years. Presence of volunteer potato plants in a field with ring rot history will disqualify the current field crop for certification. Plants outside of the defined row are considered volunteers.

(3) Nuclear class seed potatoes must be produced in a field that has not been planted with potatoes for at least four years.

(4) Generation 1, 2, 3, 4, and 5 class seed potatoes must be produced in a field that has not been planted with potatoes during the previous year unless the prior potato crop was certified seed potatoes of an earlier class of the same variety. Volunteer plants from a previously planted seed potato crop will cause the class designation of the current crop to be changed to the appropriate generation of the volunteer plants.

History

Statutory Authority: RCW 15.14.015 and chapter 34.05 RCW. WSR 13-12-014, § 16-324-393, filed 5/24/13, effective 6/24/13. Statutory Authority: Chapters 15.13, 15.14 and 34.05 RCW. WSR 04-12-026, § 16-324-393, filed 5/26/04, effective 6/26/04. Statutory Authority: Chapter 15.14 RCW. WSR 00-20-070, § 16-324-393, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. WSR 97-11-028, § 16-324-393, filed 5/14/97, effective 6/14/97.

Wash. Admin. Code § 16-324-396 Sanitation requirements.

(1) Chemicals used in the sanitation of equipment should be those recommended by the Pacific Northwest Plant Disease Management Handbook. This handbook is available online at:http://pnwhandbooks.org/plantdisease/. Vector control must be maintained throughout the growing season as recommended by the Pacific Northwest Insect Management Handbook. This handbook is available online at: http://pnwpest.org/pnw/insects/.

(2) Seed stocks entered for certification should be planted and harvested prior to handling any other seed stock. The earliest generation should be handled prior to later generations within the program.

(3) Only department-approved containers shall be used during the digging, storage, and packing process.

History

Statutory Authority: RCW 15.14.015 and chapter 34.05 RCW. WSR 13-12-014, § 16-324-396, filed 5/24/13, effective 6/24/13. Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 07-11-010, § 16-324-396, filed 5/3/07, effective 6/3/07. Statutory Authority: Chapter 15.14 RCW. WSR 00-20-070, § 16-324-396, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. WSR 97-11-028, § 16-324-396, filed 5/14/97, effective 6/14/97.

Wash. Admin. Code § 16-324-398 Field inspection disease tolerance.

(1) Compliance with a 0.0% tolerance is not intended, nor should it be construed, to mean that the lot inspected is free from the disease. It means that the disease was not detected during visual inspections of the seed lot.

(2) First and second field inspection tolerances, expressed as percentages.

| Factor | Nuclear | G 1 | G 2 | G 3 | G 4 | G5 | | --- | --- | --- | --- | --- | --- | --- | | Varietal mixture | 0.10 | 0.10 | 0.20 | 0.30 | 0.40 | 0.50 | | Mosaic | 0.00 | 0.10 | 0.25 | 0.50 | 0.75 | 1.00 | | Leafroll | 0.00 | 0.10 | 0.25 | 0.30 | 0.50 | 0.50 | | Total visible virus | 0.00 | 0.20 | 0.50 | 0.80 | 1.25 | 1.50 | | Phytoplasmas (including Candidatus liberibacter) | 0.00 | 0.00 | 0.10 | 0.20 | 0.50 | 1.00 | | Black leg | 0.00 | 0.10 | 0.50 | 1.00 | 2.00 | * | | Ring rot | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | | Nematode | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | | Spindle tuber viroid and other quarantined pests | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |

*Tolerance for black leg does not apply to G5.

History

Statutory Authority: RCW 15.14.015 and chapter 34.05 RCW. WSR 15-01-042, § 16-324-398, filed 12/9/14, effective 1/9/15
WSR 13-12-014, § 16-324-398, filed 5/24/13, effective 6/24/13. Statutory Authority: Chapters 15.13, 15.14 and 34.05 RCW. WSR 04-12-026, § 16-324-398, filed 5/26/04, effective 6/26/04. Statutory Authority: Chapter 15.14 RCW. WSR 02-12-010, § 16-324-398, filed 5/23/02, effective 6/23/02
WSR 00-20-070, § 16-324-398, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. WSR 97-11-028, § 16-324-398, filed 5/14/97, effective 6/14/97.

Wash. Admin. Code § 16-324-399 Field inspection.

(1) The department will visually inspect each seed lot at least two times during the growing season. The department may make additional inspections if the department deems it necessary.

(2) The department will reject all seed lots that do not comply with minimum field inspection standards at the time of inspection.

(3) Growers must notify the department of unusual field conditions, which may cause premature dying from any cause prior to the final reading of the field.

(4) Postharvest testing is required for any seed lot with a field condition preventing adequate field evaluation at the time of the first field inspection.

(5) If the department is unable to perform the final field inspection of a seed potato lot for any reason at least one of the following actions will be taken:

(a) The seed lot will be denied certification;

(b) The seed lot will be denied recertification; and/or

(6) The department will reject any seed lot in which ring rot is detected and will conduct additional inspections on all of the grower's remaining seed lots. The department will not recertify any seed lot associated with or planted after the rejected lot. The department will submit samples of ring rot detected during field inspections to an approved laboratory for confirmation.

(7) The department may require a postharvest test and withhold certification pending results of the postharvest test on seed potato lots exposed to any chemical that causes tuber-borne injury. Any seed potato lot showing five percent or greater tuber-borne chemical damage in the postharvest test will be rejected for certification.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-20-070, § 16-324-399, filed 10/3/00, effective 11/3/00.

Wash. Admin. Code § 16-324-409 Postharvest test requirements.

(1) Postharvest testing is required for the following lots:

(a) All Generation 1 lots except lots that are less than 0.25 acre and planted back on the same seed potato farm;

(b) Seed lots sold for recertification; and

(2) Testing of seed lots submitted for postharvest testing in subsection (1)(a) and (b) of this section by ELISA for PVY is optional. Seed lots officially sampled by the department for PVY testing will be subject to disease tolerance listed under WAC 16-324-420.

(3) A minimum of four hundred tubers must be submitted for each seed lot entered for postharvest testing. Seed lots less than 0.25 acre in size must submit a minimum of four tubers per total hundred weight with a minimum of fifty tubers.

(4) The applicant is responsible for the cost of postharvest testing.

(5) Seed lots in the postharvest test which fail to comply with the disease tolerance requirements set forth in WAC 16-324-420 are not eligible for recertification.

(a) The applicant must notify in writing all receivers of any seed lot that failed to comply with postharvest tolerances set forth in WAC 16-324-420.

(b) Acceptance of a seed lot that fails to comply with the tolerances set forth in WAC 16-324-420 must be based on a written buyer/seller agreement. The grower must provide the department with a copy of the written agreement within thirty days of receiving the postharvest results.

History

Statutory Authority: RCW 15.14.015 and chapter 34.05 RCW. WSR 15-01-042, § 16-324-409, filed 12/9/14, effective 1/9/15
WSR 13-12-014, § 16-324-409, filed 5/24/13, effective 6/24/13. Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 07-11-010, § 16-324-409, filed 5/3/07, effective 6/3/07. Statutory Authority: Chapter 15.14 RCW. WSR 00-20-070, § 16-324-409, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. WSR 97-11-028, § 16-324-409, filed 5/14/97, effective 6/14/97.

Wash. Admin. Code § 16-324-420 Postharvest test tolerances.

| TOLERANCE TABLE: PERCENT DISEASE | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Factor | nuclear | G1 | G2 | G3 | G4 | G5 | | Leafroll | 0.00 | 0.25 | 0.50 | 0.75 | 1.00 | 2.00 | | Mosaic (includes ELISA for PVY) | 0.00 | 0.25 | 0.50 | 1.00 | 1.50 | 2.00 | | Total virus | 0.00 | 0.50 | 0.75 | 1.00 | 1.50 | 3.00 |

History

Statutory Authority: RCW 15.14.015 and chapter 34.05 RCW. WSR 13-12-014, § 16-324-420, filed 5/24/13, effective 6/24/13. Statutory Authority: RCW 15.14.030. WSR 97-11-028, § 16-324-420, filed 5/14/97, effective 6/14/97. Statutory Authority: Chapters 34.05 and 15.14 RCW. WSR 92-22-017 (Order 4014), § 16-324-420, filed 10/22/92, effective 11/22/92. Statutory Authority: Chapter 15.14 RCW. WSR 78-12-034 (Order 1587), § 16-324-420, filed 11/21/78
Order 1199, § 16-324-420, filed 5/5/71, effective 6/7/71.

Wash. Admin. Code § 16-324-431 Digging, storage and premarketing.

(1) Each seed lot must be stored with its identity maintained. All tubers from a unit planting method must be numbered and stored as an identifiable unit for the next year's planting.

(2) Each storage or room containing more than one seed lot must have an impermeable barrier between each lot.

(a) The department will reject any seed lot in which ring rot or nematode is found.

(b) Noncertified potatoes must not be stored in the same facility as certified seed potatoes.

(3) The applicant must notify in writing receivers of any seed lot found to be infected with ring rot. The applicant must provide the department with a copy of this notification when it is sent to the receiver.

(4) All seed classes must be graded according to the United States Standards for Grades of Seed Potatoes.

(5) Each container or sack must be identified with an official Washington seed potato tag listing the grower's name, address, seed lot number, net weight, variety and classification unless such information is printed on the sacks or containers.

(6) The department issues tags to the grower. The grower is required to comply with all of the following:

(a) Tag the sack or container as the potatoes are sorted;

(b) Allow inspection of graded seed potatoes at any time;

(d) Return all unused tags to the department.

(7) The department may issue a compliance agreement authorizing the grower to tag seed potatoes.

(8) Bulk shipments must be identified with the information required in subsection (5) of this section.

History

Statutory Authority: RCW 15.14.015 and chapter 34.05 RCW. WSR 13-12-014, § 16-324-431, filed 5/24/13, effective 6/24/13. Statutory Authority: Chapter 15.14 RCW. WSR 02-12-010, § 16-324-431, filed 5/23/02, effective 6/23/02
WSR 00-20-070, § 16-324-431, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. WSR 97-11-028, § 16-324-431, filed 5/14/97, effective 6/14/97.

Wash. Admin. Code § 16-324-446 Grading inspection.

(1) Grading of seed potatoes is the responsibility of the grower. The department monitors grading activities for compliance with the United States Standards for Seed Potatoes and established state standards for seed potatoes.

(2) Upon request, the department provides shipping point inspections for seed potatoes. Fees established in chapter 16-470 WAC apply to all shipping point inspections.

(3) Three colors of tags are authorized for use on certified seed potatoes.

(a) Blue tags are used for seed potatoes which meet or exceed minimum requirements of United States Standards for US Number 1 grade of seed potatoes.

(b) Yellow tags indicate a contract grade between buyer and seller.

(c) White tags are used for seed potatoes which meet or exceed minimum requirements of US Number 1 standards for grade of seed potatoes except, that the size may not be less than one ounce or more than three ounces in weight.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-20-070, § 16-324-446, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 15.14.030. WSR 97-11-028, § 16-324-446, filed 5/14/97, effective 6/14/97.

Chapter 16-325 Seed potato isolation district.

Wash. Admin. Code § 16-325-005 Promulgation—Establishing an isolation district.

The production of high quality seed potatoes within the state requires conditions that are as free as possible from insect pests and plant diseases. The production of other potatoes intermixed with or in close proximity to a concentrated seed potato production area poses an increased risk of introduction of insect pests and plant diseases. To mitigate this problem this chapter establishes a seed potato isolation district requiring commercial potato production within the boundaries to be enrolled in the seed potato certification program.

History

Statutory Authority: Chapter 15.15 RCW. WSR 98-09-071, § 16-325-005, filed 4/20/98, effective 5/21/98.

Wash. Admin. Code § 16-325-010 Definitions.

The definitions in this section shall apply throughout this chapter.

(1) "Department" means the department of agriculture of the state of Washington.

(2) "Director" means the director of the department of agriculture or a duly appointed representative.

(3) "Potato" means plants or plant parts of Solanum tuberosum.

(4) "Seed potatoes" means vegetatively propagated tubers of Solanum tuberosum used for propagation, research, breeding, or production.

(5) "Seed potato certification program" means the program in which certified seed potatoes are produced, as set forth in chapter 16-324 WAC.

History

Statutory Authority: RCW 15.14.015, 15.15.010, 17.24.011, and 17.24.041. WSR 23-17-083, § 16-325-010, filed 8/15/23, effective 9/15/23. Statutory Authority: Chapter 15.15 RCW. WSR 98-09-071, § 16-325-010, filed 4/20/98, effective 5/21/98.

Wash. Admin. Code § 16-325-015 Regulated area.

The seed potato isolation district consists of that area of Whatcom County lying within the following boundaries:

On the west the boundary follows Georgia Straight from the Canadian border south to Slater Road.

On the north the boundary follows the Canadian border from Georgia Straight easterly to South Pass Road.

On the east the boundary follows South Pass Rd. southwesterly to the point where the eastern edge of Range 4 East intersects South Pass Road, then south along the eastern boundary of Range 4 East to the Nooksack River (south of the town of Deming).

On the south the boundary follows the Nooksack River northwesterly to the City of Everson, south from Everson on Mission Road to Smith Road, westerly on Smith Rd to Interstate 5, southeasterly on Interstate 5 to Slater Road, westerly on Slater Road to Rural Ave., southwesterly on Rural Ave. to Marine Dr., westerly on Marine Dr. to Ferndale Rd., northerly on Ferndale Rd. to Slater then westerly on Slater to Georgia Straight.

History

Statutory Authority: Chapter 15.15 RCW. WSR 02-09-030, § 16-325-015, filed 4/9/02, effective 5/10/02
WSR 98-09-071, § 16-325-015, filed 4/20/98, effective 5/21/98.

Wash. Admin. Code § 16-325-020 Regulations for potato production within the seed potato isolation district.

All potato plantings in excess of one acre must be enrolled in the seed potato certification program described in chapter 16-324 WAC. All commercial potato plantings of one acre or less must either be enrolled in the seed potato certification program or planted exclusively with certified seed potatoes. Affected growers shall be responsible for all associated fees as required in chapter 16-324 WAC. All potatoes entering the isolation district for planting, processing or further sale, except for those intended for immediate human consumption, must be derived from tested mother lots and found negative for bacterial ring rot by an approved laboratory at origin. This requirement does not apply to shipments merely transiting through the district where the potatoes will not be planted, processed, or sold within the district. Shipments entering or transiting through the isolation district must be covered in a manner that safeguards pathogen dispersal.

The receiver must give prior notification to the department of all lots of seed potatoes entering the isolation district and hold all shipments for 24 hours after delivery, to allow the department to contact the receiver for inspection. Notification may be by email or facsimile to:

• Email: PlantServices@agr.wa.gov; or

• Facsimile: 360-902-2094.

Documentation must include bacterial ring rot test results from a laboratory approved by the director and a bill of lading showing address of shipper and receiver.

History

Statutory Authority: RCW 15.14.015, 15.15.010, 17.24.011, and 17.24.041. WSR 23-17-083, § 16-325-020, filed 8/15/23, effective 9/15/23. Statutory Authority: Chapter 15.15 RCW. WSR 98-09-071, § 16-325-020, filed 4/20/98, effective 5/21/98.

Wash. Admin. Code § 16-325-025 Exceptions.

The director may allow the production of potatoes, otherwise prohibited, by special permit. The permit shall specify under what conditions and in what location production will be allowed and must be obtained prior to planting.

History

Statutory Authority: Chapter 15.15 RCW. WSR 98-09-071, § 16-325-025, filed 4/20/98, effective 5/21/98.

Wash. Admin. Code § 16-325-030 Violations.

(1) At the option and expense of the owner or owners or their responsible agents, potatoes shipped into or planted in the isolation district in violation of this chapter may be returned to the point of origin or destroyed. Destruction will be done in a manner that safeguards pathogen dispersal as approved by the department and shall be monitored by the department.

(2) Anyone violating the terms of this chapter or chapter 16-482 WAC may be subject to civil and/or criminal penalties as provided in law.

History

Statutory Authority: RCW 15.14.015, 15.15.010, 17.24.011, and 17.24.041. WSR 23-17-083, § 16-325-030, filed 8/15/23, effective 9/15/23.

Chapter 16-326 Brassica seed production district.

Wash. Admin. Code § 16-326-010 Boundaries of the Brassica seed production districts.

(1) For purposes of descriptions of boundaries, any highway designation is measured from the center line of the highway, as determined by Washington department of transportation maps.

(2) Brassica seed production district 1 includes areas of five counties as follows:

(a) In Whatcom County, the area is bounded as follows: From two miles west of the Interstate 5 intersection with the Canadian border, a southward line extends parallel to, and two miles west of, Interstate 5 to its intersection with State Highway 542. The line then extends generally northeastward along State Highway 542 to the city limits of Kendall. At Kendall, the line continues due north to the Canadian border. The line then extends westward along the Canadian border to its point of origin.

(b) All of mainland Skagit County is included. On Fidalgo Island, the area on its eastern side bounded by a line three miles west of and parallel to the Swinomish Channel, extending from Padilla Bay to Similk Bay, is included. All of Samish Island is included. The remaining portion of Fidalgo Island and all other islands in Skagit County are excluded from Brassica seed production district 1.

(c) In Snohomish County, the area is bounded as follows: From Puget Sound east along State Highway 531 (also known as Lakewood Rd.), the line extends through Interstate 5 Exit #206 (the Smokey Point exit) to the intersection of State Highway 531 and State Highway 9 in Arlington. From there the line extends generally northward along State Highway 9 to the county line, and then west along the county line to Puget Sound.

(d) In Island County, all of Camano Island and the portion of Whidbey Island north of an east-west line extending through Greenbank.

(e) In Clallam County, the area is bounded as follows: From the westernmost city limit of Port Angeles, a line extends due south to a location five miles south of State Highway 101. From there, the boundary continues east along a line parallel to, and five miles south of, State Highway 101 to the Clallam/Jefferson County line. The boundary turns north along the Clallam/Jefferson County line until it reaches the Straits of Juan de Fuca and then continues along the Straits to its point of origin.

(3) Brassica seed production district 2 is divided into two subdistricts, designated district 2A and district 2B. For purposes of descriptions of boundaries relating to Brassica seed production district 2, all references to canals pertain to Columbia Basin Irrigation Project structures. Brassica seed production district 2 includes portions of Grant and Adams counties and is bounded as follows:

(a) Beginning at the Grant/Douglas County boundary, the line proceeds continuously due east along existing portions of Road 13NW to its intersection with the West Canal. The line follows the West Canal in a northeasterly direction through portions of the city of Ephrata, then around the northern end of Soap Lake and easterly to the intersection of the West Canal and the East Low Canal. The line follows the East Low Canal in a southerly, then easterly direction to its intersection with State Highway 26. Then it turns west and follows State Highway 26 to the Columbia River. The line continues due west until it intersects the county boundary in the Columbia River. The line then turns north and follows the county boundary to the point of origin.

(b) Brassica seed production district 2A is the northwestern portion of Brassica seed production district 2. It is bounded on the north and west by the boundaries of Brassica seed production district 2. Its eastern boundary line commences at the intersection of Rd. 13 NW and K NW. The line extends south along K NW to its intersection with the I-90 North Frontage Rd. The line extends west along North Frontage Rd. to State Highway 281N, and along State Highway 281N to Q SW. It extends north along Q SW to 5 NW and west along 5 NW to the western boundary of Brassica seed production district 2.

(c) Brassica seed production district 2B consists of the portion of Brassica seed production district 2 that is not encompassed in Brassica seed production district 2A.

History

Statutory Authority: RCW 15.51.050 and chapter 34.05 RCW. WSR 12-08-009, § 16-326-010, filed 3/23/12, effective 4/23/12. Statutory Authority: Chapters 15.51 and 34.05 RCW. WSR 08-04-005, § 16-326-010, filed 1/24/08, effective 2/24/08.

Wash. Admin. Code § 16-326-020 General requirements for growing, transporting or processing Brassica seed within any Brassica seed production district.

(1) Growing, transportation or processing of Brassica seed is regulated under provisions of this section only within the borders of a Brassica seed production district, as described in WAC 16-326-010.

(2) No Brassica seed crop grown for any purpose is regulated as part of a Brassica seed production district, if it is harvested or mowed before flowering or otherwise handled so that pollen production is prevented. Note that other regulatory requirements, such as the provisions of the crucifer seed quarantine rule found in WAC 16-301-490 through 16-301-580, are applicable.

(3) Brassica seed crops, including seed grown for planting and seed grown for crushing or extraction for fuel or oil, may only be grown in locations that have been identified in a timely manner through the pinning process.

(a) Pinning for Brassica seed production in Brassica seed production district 1 will be held at least once a year at the WSU Northwestern Washington Research and Extension Center, 16650 State Route 536, Mt. Vernon, Washington 98237. Contact the WSU Mount Vernon Skagit County Extension office at 360-428-4270 for information about pinning events for district 1.

(b) Pinning for Brassica seed production district 2 will be held at least once a year at the WSU Grant-Adams Area Extension office, 1525 E. Wheeler Road, Moses Lake, Washington 98837. Contact the WSU Grant-Adams Area Extension office at 509-754-2011, ext. 4313 for information about pinning events for district 2.

(d) Pinning for Brassica seed crops produced for planting must be performed by an authorized representative of the contractor for the crop. If the seed produced for planting is not being produced for a contractor, or if the contractor waives the pinning privilege, then the grower is responsible for pinning the location of the crop.

(e) Pinning for Brassica seed crops produced for fuel or oil must be performed by an authorized representative of the grower.

(4) Transportation and handling of Brassica seed within any Brassica seed production district must be performed in a way to prevent inadvertent spread of seed or production of volunteer plants. All shipments of viable seed must be in covered containers from which the seed cannot leak.

(5) Volunteer Brassica plants must be controlled as soon as feasible, but always prior to pollen production or blossoming.

History

Statutory Authority: RCW 15.51.050 and chapter 34.05 RCW. WSR 18-02-090, § 16-326-020, filed 1/3/18, effective 2/3/18
WSR 12-08-009, § 16-326-020, filed 3/23/12, effective 4/23/12. Statutory Authority: Chapters 15.51 and 34.05 RCW. WSR 08-04-005, § 16-326-020, filed 1/24/08, effective 2/24/08.

Wash. Admin. Code § 16-326-030 Requirements to grow Brassica seed in Brassica seed production district 1.

(1) Brassica seed crops intended for oil or fuel production and/or associated by-products, forage, or cover crops may only be planted or grown in compliance with a Brassica production agreement, as described in RCW 15.51.040.

(2) Brassica seed crops of species generally known as rapeseed or canola that are intended for producing seed for planting, may only be planted or grown under conditions of a Brassica production agreement, as described in RCW 15.51.040.

History

Statutory Authority: RCW 15.51.050 and chapter 34.05 RCW. WSR 12-08-009, § 16-326-030, filed 3/23/12, effective 4/23/12. Statutory Authority: Chapters 15.51 and 34.05 RCW. WSR 08-04-005, § 16-326-030, filed 1/24/08, effective 2/24/08.

Wash. Admin. Code § 16-326-040 Requirements for growing Brassica seed in all of Brassica seed production district 2.

(1) Brassica napus var. biennis, winter type canola or rapeseed, may not be planted in Brassica seed production district 2.

(2) A minimum isolation distance of two miles must be preserved from the nearest edge of any Brassica seed crop to any other Brassica seed crop. The location pinned first has priority and establishes a basis for the isolation distance for other Brassica seed crops. Any person subsequently pinning any other location for a Brassica seed crop is responsible for maintaining the two-mile minimum isolation distance. Exceptions to this two-mile minimum distance can occur only in the following three situations:

(a) An exception that allows an isolation distance of less than two miles will occur when a written agreement between two or more contractors and/or growers complies with the conditions specified in subsection (3) of this section. All locations to be planted under such a written agreement between the parties must be pinned.

(b) An exception to the minimum isolation distance may be allowed under conditions of a Brassica production agreement, as described in RCW 15.51.040. All locations to be planted under such a Brassica production agreement must be pinned.

(c) Brassica seed crops grown for forage or cover crops may be planted or grown within the two-mile minimum isolation distance, if the forage or cover crop is not allowed to bloom or to produce pollen from April 1 through August 15 of any year. Forage or cover crops that comply with requirements of this subsection are not required to be pinned.

(3) Written agreements between parties to voluntarily allow planting of locations, any portion of which are within the minimum isolation distance of two miles (as referenced in subsection (2)(a) of this section), must comply with all of the following conditions:

(a) The agreement must be signed by authorized representatives of the contractors for the Brassica seed crops grown for planting, and by the growers of Brassica seed crops grown for fuel or oil. If one or more of the affected Brassica seed crops for planting is not being produced under contract, or if the contractor waives signature authority for this agreement, the grower of the crop must enter into the agreement instead.

(b) The agreement must, at a minimum, specify:

• The date of the agreement;

• The approximate dates during which the affected crops will be in the field;

• The name, business name (if applicable), telephone number and address of each affected grower;

• The location and acreage of each planting affected by the agreement;

• The contractor (if applicable) for each location; and

• Brassica seed crop species and variety for each location.

(d) Copies of the written agreement must be retained by each person who signs it for a minimum of three years.

(4) Pinning for Brassica seed crops intended to produce seed for planting starts each year on the first business day after January 31 for summer annual species or varieties (such as mizuna and Chinese cabbage) and on the first business day after May 31 for overwintered species or varieties (such as cabbage, broccoli, and turnip). Pinning for Brassica seed crops to produce seed intended for oil or fuel starts the first business day after June 30.

History

Statutory Authority: RCW 15.51.050 and chapter 34.05 RCW. WSR 12-08-009, § 16-326-040, filed 3/23/12, effective 4/23/12. Statutory Authority: Chapters 15.51 and 34.05 RCW. WSR 08-04-005, § 16-326-040, filed 1/24/08, effective 2/24/08.

Wash. Admin. Code § 16-326-050 Differences between restrictions on Brassica seed production in Brassica seed production districts 2A and 2B.

WAC 16-326-040 establishes restrictions that apply throughout all of Brassica seed production district 2 (including the two subdistricts designated districts 2A and 2B in WAC 16-326-010(3)), regarding the production of Brassica seed crops. Additional specific restrictions apply to district 2A. The differences between the subdistricts are:

(1) Brassica seed production in Brassica seed production district 2A is limited primarily to production of any species of Brassica seed for planting, except for Brassica napus var. biennis, winter type canola or rapeseed, as disallowed in WAC 16-326-040(1). Within Brassica seed production district 2A, Brassica seed crops intended for oil or fuel production may only be planted or grown under conditions of a Brassica production agreement, as described in RCW 15.51.040.

(2) Brassica seed production in Brassica seed production district 2B includes production of any species of Brassica seed for planting, oil or fuel production, except for Brassica napus var. biennis, winter type canola or rapeseed, as disallowed in WAC 16-326-040(1).

History

Statutory Authority: RCW 15.51.050 and chapter 34.05 RCW. WSR 12-08-009, § 16-326-050, filed 3/23/12, effective 4/23/12. Statutory Authority: Chapters 15.51 and 34.05 RCW. WSR 08-04-005, § 16-326-050, filed 1/24/08, effective 2/24/08.

Wash. Admin. Code § 16-326-060 What is the Brassica work group and how often does it meet?

The Brassica work group is an advisory group composed of representatives of the vegetable seed, canola, and biofuels production industries, as well as other interested persons. The Washington state department of agriculture will continue to convene the work group as needed, but at least once a year, for the purpose of advising the department regarding the provisions of chapter 16-326 WAC, any necessary revisions, and the needs of affected growers and industries.

History

Statutory Authority: Chapters 15.51 and 34.05 RCW. WSR 08-04-005, § 16-326-060, filed 1/24/08, effective 2/24/08.

Chapter 16-328 Certification of strawberry planting stock.

Wash. Admin. Code § 16-328-008 Definitions.

"Department" means the department of agriculture of the state of Washington.

"Director" means the director of the department of agriculture or a duly appointed representative.

"Fairly clean" means that the roots are not matted or caked with dirt.

"Fairly fresh" means that the roots and petioles are not excessively wilted or otherwise damaged.

"Fairly well trimmed runners and petioles" means that the length of each runner and petiole is three inches or less.

"Firm" means that the crowns are not soft or spongy, although they may yield to slight pressure.

Free from damage by:

(a) "Sunburn" means that the roots are not damaged by sunburn or scald, but slight discoloration may be present.

(b) "Mold" means that the plants are free from excessive mold or decay. Plants slightly affected by mold may be allowed.

(c) "Freezing injury" means that the roots are of a normal color, and the plant is only moderately affected by discolored roots which may affect its normal growth. Black roots caused by disease are not permitted.

(d) "Broken or split crowns, mechanical injury" means there is no breaking or severance of the crown from the root section, or splitting of the crown, or other mechanical injury that would affect the normal growth of the plant.

"Index" means to test for virus infection by means of inoculation from the plant to be tested to an indicator plant, or by any other method accepted by the department.

"Indicator plant" means any herbaceous or woody plant used to index or test for virus infection.

"Moist" means that the plants are reasonably turgid and not dried to a degree that would affect normal growth.

"Nuclear stock" means strawberry plants that have been indexed and found free of known viruses and virus-like diseases by United States Department of Agriculture personnel or other personnel acceptable to the department. Nuclear plants must be reindexed for virus and virus-like diseases at least every three years and maintained under conditions that would ensure freedom from infection.

"Off-type" means appearing by visual examination to be different from the species or variety listed on the application or exhibiting symptoms of a genetic or nontransmissible disorder.

"Similar varietal characteristics" means that the plants have the same general character of growth.

"Tolerance" means the maximum acceptable percentage of planting stock that is diseased, infected by plant pests, defective, or off-type based on visual inspection or laboratory testing by the director or other authorized person.

"Virus-like" means a graft-transmissible disorder resembling a virus disease, including, but not limited to, diseases caused by viroids and phytoplasmas.

History

Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 03-10-080, § 16-328-008, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapter 15.14 RCW. WSR 00-19-034, § 16-328-008, filed 9/12/00, effective 10/13/00
WSR 87-13-016 (Order 1932), § 16-328-008, filed 6/9/87
Order 1216, § 16-328-008, filed 10/18/71, effective 11/18/71.

Wash. Admin. Code § 16-328-011 Strawberry plant certification fees.

The strawberry plant certification fees are as follows:

(1) Certification application fee. The applicant must furnish all information requested on the application for inspection, including, but not limited to, the crop, variety, class planted, date planted, source of seed or plants, acreage, field number, applicant's name and address, applicant's signature, and date of application. The applicant must allow the department to take plants or plant parts from any planting for inspection or testing purposes. A separate application is required for each cultivar and/or lot entered for certification. Applications for inspection must be filed with the Plant Services Program, P.O. Box 42560, Olympia, Washington, 98504-2560 by June 15 of each year and be accompanied by the application fee of $140.00.

(2) Inspection fees. The department will conduct certification inspections at the hourly inspection rate established in chapter 16-401 WAC, plus mileage charged at a rate established by the state office of financial management. Testing fees will be charged at the rate established in chapter 16-470 WAC. Inspection and testing fees are payable upon completion of work. Billing may be arranged subject to department policies and processes.

(3) The department will remove any applicant from the certification program for failing to pay fees when due.

(4) The department will not accept applications from growers owing the department for previous fees.

History

Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 04-17-039, § 16-328-011, filed 8/10/04, effective 9/10/04. Statutory Authority: Chapters 15.13, 15.14, 17.24, and 34.05 RCW. WSR 03-21-166, § 16-328-011, filed 10/22/03, effective 11/22/03. Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 03-10-080, § 16-328-011, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapter 15.14 RCW. WSR 01-11-032, § 16-328-011, filed 5/8/01, effective 6/8/01.

Wash. Admin. Code § 16-328-015 Certifying agency issuance of certificate.

(1) Issuance of a state of Washington certified plant tag, stamp or other document, under this chapter means only that the tagged, stamped, or otherwise documented strawberry planting stock has been subjected to procedures and requirements described in this chapter and determined to be in compliance with its standards and requirements. The department disclaims all express or implied warranties, including without limitation, implied warranties of merchantability and fitness for particular purpose, regarding all plants, plant parts, and plant materials under this chapter.

(3) Participation in the strawberry planting stock certification program is voluntary.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-19-034, § 16-328-015, filed 9/12/00, effective 10/13/00
WSR 87-13-016 (Order 1932), § 16-328-015, filed 6/9/87.

Wash. Admin. Code § 16-328-025 Production requirements for foundation strawberry planting stock.

(1) Foundation strawberry plants must originate directly from nuclear stock and must be grown in an insect-proof facility on pasteurized soil or a soil-less growing medium free of plant pests and vectors of plant pests.

(2) Growers may use micro-propagation techniques to multiply foundation plants prior to planting them in a foundation facility, if both of the following conditions are met:

(a) The micro-propagated plants are isolated from all nonfoundation strawberry plants at all times; and

(b) The micro-propagation facility is approved by the department.

(3) Growers may maintain and increase foundation stock indefinitely, if no individual plant remains in the foundation planting for more than two growing periods.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-19-034, § 16-328-025, filed 9/12/00, effective 10/13/00
WSR 87-13-016 (Order 1932), § 16-328-025, filed 6/9/87
Order 1216, § 16-328-025, filed 10/18/71, effective 11/18/71
Order 925, Regulation 2, filed 6/25/63
Order 625, Regulation 3 (part), effective 4/29/52.

Wash. Admin. Code § 16-328-045 Production requirements for registered and certified strawberry planting stock.

(1) Registered strawberry plants must originate directly from foundation stock.

(2) Certified strawberry plants must be planted with first year plantings of registered or foundation stock.

(3) Registered or certified strawberry plants must be grown in an insect-proof facility or in a field that is at least one-half mile from any noncertified strawberry plants.

(4) The grower must remove or rogue all low-yielding, diseased, off-type or abnormal plants.

(5) Use of any pesticide which suppresses the symptoms of red stele without eradicating the causal pathogen is prohibited.

(6) If registered or certified strawberry plants are grown in a field, all of the following conditions must be complied with:

(a) The field must not have been planted with strawberries during the previous growing season, unless the plants are of the same variety and class and one or both of the following two conditions have been complied with:

(i) The field was inspected by the department in the previous year and found free of red stele; or

(ii) The field was fumigated or treated to control red stele by methods approved by the department.

(b) Each variety must be separated by a distance of at least twelve feet.

(c) All insects and diseases must be effectively controlled using methods recommended by the Washington State University Cooperative Agricultural Extension Service.

(d) The field must be relatively free of weeds.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-19-034, § 16-328-045, filed 9/12/00, effective 10/13/00.

Wash. Admin. Code § 16-328-060 Standards and tolerances for inspection of growing foundation, registered, and certified strawberry planting stock.

(1) The unit of certification is the lot.

(2) Any portion of a field not meeting the standards, tolerances and criteria established in this chapter may be marked and removed from consideration for certification if, in the judgment of the department, it does not jeopardize the certification eligibility of the remaining portion of the field.

(3) The department will perform at least two visual inspections of each planting prior to harvest and one inspection during or after harvest.

(4) Each lot of foundation, registered or certified planting stock may have no more than the percentage of affected plants listed in the table below.

TOLERANCES (%)

| | Foundation | Registered | Certified | | | --- | --- | --- | --- | --- | | Factors | (all inspections) | 1st & 2nd inspections | 3rd inspection | | | Visible Symptoms of Virus Diseases | 0 | 0 | 0 | 0.5 | | Nematode | 0 | 0 | 0 | 0 | | Variety Mixture | 0 | 0 | 0.1 | 0 | | All other Diseases (including lethal decline) | 0 | 0.5 | 2 | 1 |

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-19-034, § 16-328-060, filed 9/12/00, effective 10/13/00
WSR 87-13-016 (Order 1932), § 16-328-060, filed 6/9/87
Order 1216, § 16-328-060, filed 10/18/71, effective 11/18/71
Order 925, Regulation 5, filed 6/25/63
Order 625, Regulation 6, effective 4/29/52.

Wash. Admin. Code § 16-328-065 Strawberry planting stock certification—Identification and marking.

(1) After the plants have passed inspection, foundation, registered and certified strawberry planting stock must be identified by the official state of Washington plant tag or stamp. In addition, foundation or registered strawberry planting stock must be marked with the appropriate class as "foundation planting stock" or "registered planting stock."

(2) When they are offered for sale, crown division plants from certified planting stock must be segregated and packed separately from other stock. The plants must be identified with the official state of Washington plant tag or stamp and marked "crown divisions."

(3) All containers must be marked with the name and address of the grower, grade or class of stock, and variety.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-19-034, § 16-328-065, filed 9/12/00, effective 10/13/00
WSR 87-13-016 (Order 1932), § 16-328-065, filed 6/9/87
Order 1216, § 16-328-065, filed 10/18/71, effective 11/18/71
Order 1110, § 16-328-065, filed 3/31/69
Order 925, Regulation 6, filed 6/25/63
Order 625, Regulation 7, effective 4/29/52.

Wash. Admin. Code § 16-328-083 Strawberry planting stock grades and standards—Washington No. 1.

Washington No. 1 strawberry planting stock consists of strawberry plants of one variety or plants of similar varietal characteristics which are:

(1) Fairly fresh.

(2) Firm.

(3) Moist.

(4) Fairly clean.

(5) Fairly well trimmed runners and petioles.

(6) Free from damage caused by:

(a) Sunburn.

(b) Mold.

(d) Broken or split crown, mechanical injury.

(7) Free from detectable dangerous pests or diseases, including plant parasitic nematodes.

Strawberry plants in this grade must have at least ten main roots with a minimum length of two and one-half inches, and a minimum crown diameter of one-fourth inch measured at the base of the crown.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-19-034, § 16-328-083, filed 9/12/00, effective 10/13/00
WSR 87-13-016 (Order 1932), § 16-328-083, filed 6/9/87.

Wash. Admin. Code § 16-328-085 Strawberry planting stock grades and standards—Washington No. 2.

Washington No. 2 shall consist of strawberry plants of one variety or plants of similar varietal characteristics which meet all of the requirements of Washington No. 1 except strawberry plants in this grade must have at least six main roots with a minimum length of two and one-half inches.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-19-034, § 16-328-085, filed 9/12/00, effective 10/13/00
WSR 87-13-016 (Order 1932), § 16-328-085, filed 6/9/87.

Wash. Admin. Code § 16-328-088 Strawberry planting stock grades and standards—Tolerances for inspection during or after harvest.

(1) In order to allow for variations incident to proper grading and packing, not more than a combined total of ten percent, by count, of the plants in any lot may fail to meet the requirements of the grades specified in WAC 16-328-083 or 16-328-085.

(2) Individual packages in any lot may vary from the tolerance specified above in this section, if the average for the entire lot, based on sample inspection, is within the tolerance.

(3) Strawberry planting stock must be packed in such manner to retain a fresh condition.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-19-034, § 16-328-088, filed 9/12/00, effective 10/13/00
WSR 87-13-016 (Order 1932), § 16-328-088, filed 6/9/87.

Chapter 16-333 Certification of caneberry planting stock.

Wash. Admin. Code § 16-333-010 Definitions.

"Caneberry" means any cultivated Rubus species.

"Department" means the department of agriculture of the state of Washington.

"Director" means the director of the department of agriculture or a duly appointed representative.

"Index" means to test for virus infection by means of inoculation from the plant to be tested to an indicator plant, or by any other method approved by the department.

"Indicator plant" means any herbaceous or woody plant used to index or test for virus infection.

"Nuclear stock" means caneberry plants that have been indexed and found free of known viruses and virus-like diseases by United States Department of Agriculture personnel or other personnel acceptable to the department. Nuclear plants must be reindexed for virus and virus-like diseases at least every three years and maintained under conditions that would ensure freedom from infection.

"Off-type" means appearing by visual examination to be different from the species or variety listed on the application or exhibiting symptoms of a genetic or nontransmissible disorder.

"Root cuttings" means sections of roots which have one or more bud.

"Succulent plants" means small, actively growing plants that are developing from root buds, not having passed through a dormant period.

"Virus-like" means a graft-transmissible disorder resembling a virus disease, including, but not limited to, diseases caused by viroids and phytoplasmas.

History

Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 03-10-081, § 16-333-010, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapter 15.14 RCW. WSR 00-19-035, § 16-333-010, filed 9/12/00, effective 10/13/00
WSR 85-22-053 (Order 1876), § 16-333-010, filed 11/5/85.

Wash. Admin. Code § 16-333-020 Certifying agency issuance of certificate.

(1) Issuance of a state of Washington certified plant tag, stamp or other document under this chapter means only that the tagged, stamped or otherwise documented caneberry planting stock has been subjected to procedures and requirements described in this chapter and determined to be in compliance with its standards and requirements. The department disclaims all express or implied warranties, including without limitation, implied warranties of merchantability and fitness for particular purpose, regarding all plants, plant parts, and plant materials under this chapter.

(3) Participation in the caneberry planting stock certification program shall be voluntary.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-19-035, § 16-333-020, filed 9/12/00, effective 10/13/00
WSR 87-13-016 (Order 1932), § 16-333-020, filed 6/9/87
WSR 85-22-053 (Order 1876), § 16-333-020, filed 11/5/85.

Wash. Admin. Code § 16-333-041 Caneberry certification fees.

The caneberry certification fees are as follows:

(1) Certification application fee. The applicant must furnish all information requested on the application form furnished by the department, including, but not limited to, the crop, variety, class planted, date planted, source of seed or plants, acreage, field number, applicant's name and address, applicant's signature, and date of application. The applicant must allow the department to take plants or plant parts from any planting for inspection and testing purposes. A separate application is required for each cultivar and/or lot entered for certification. Applications must be filed with the Plant Services Program, P.O. Box 42560, Olympia, Washington 98504-2560 by May 15 each year and be accompanied by the application fee of $140.00.

(3) The department will remove any applicant from the certification program for failing to pay fees when due.

(4) The department will not accept applications from growers owing the department for previous fees.

History

Statutory Authority: Chapters 15.13, 15.14, and 34.05 RCW. WSR 04-17-038, § 16-333-041, filed 8/10/04, effective 9/10/04. Statutory Authority: Chapters 15.13, 15.14, 17.24, and 34.05 RCW. WSR 03-21-166, § 16-333-041, filed 10/22/03, effective 11/22/03. Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 03-10-081, § 16-333-041, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapter 15.14 RCW. WSR 01-11-030, § 16-333-041, filed 5/8/01, effective 6/8/01.

Wash. Admin. Code § 16-333-045 Production requirements for foundation caneberry planting stock.

(1) Foundation caneberry plants must originate directly from nuclear stock and may be grown in a greenhouse, screenhouse or field.

(2) Growers may use micro-propagation techniques to multiply foundation plants prior to planting them in a foundation greenhouse, screenhouse or field, if both of the following conditions are met:

(a) The micro-propagated plants are isolated at all times from all other caneberry plants, except those that have been indexed and found free of virus or virus-like infections; and

(b) The micro-propagation facility is approved by the department.

(3) Growers may transplant micro-propagated foundation plants to a greenhouse or screenhouse for conditioning prior to planting them in a foundation field.

(4) Foundation plants may be harvested from a foundation field planting for no more than one year.

(5) Foundation plants grown in an insect-proof facility in approved soil-less media may be maintained indefinitely, providing they are indexed and found free of virus or virus-like infections at intervals of no more than three years by personnel employed by the United States Department of Agriculture or other institution approved by the department.

(6) Each foundation plant in a foundation greenhouse or screenhouse must be grown in a container individually identified by the cultivar and lot.

(7) Different cultivars planted in a foundation field must be separated by a distance of fourteen feet or by a physical barrier that prevents the intermingling of roots.

(8) Upon request, growers must provide records to the department documenting the cultivar, nuclear source, indexing results and date of acquisition for any foundation stock.

History

Statutory Authority: Chapter 15.14 RCW. WSR 01-11-030, § 16-333-045, filed 5/8/01, effective 6/8/01
WSR 00-19-035, § 16-333-045, filed 9/12/00, effective 10/13/00.

Wash. Admin. Code § 16-333-051 Production requirements for registered caneberry planting stock.

(1) Registered caneberry plants must originate directly from nuclear or foundation stocks and may be grown in a greenhouse, screenhouse or field.

(2) Registered plants of differing cultivars produced in a registered greenhouse or screenhouse must be grown in separate containers.

(3) Different cultivars planted in a registered field must be separated by a distance of fourteen feet or by a physical barrier that prevents the intermingling of roots.

(4) Registered plants may be harvested from a registered planting for no more than one year.

(5) Upon request, growers must provide records to the department documenting the cultivar, source, indexing results and date of acquisition for any registered stock.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-19-035, § 16-333-051, filed 9/12/00, effective 10/13/00.

Wash. Admin. Code § 16-333-056 Production requirements for certified caneberry planting stock.

(1) Certified caneberry plants must originate directly from foundation or registered planting stock, or from root cuttings or succulent plants from foundation or registered plants.

(2) Different cultivars planted in a certified field must be separated by a distance of fourteen feet or by a physical barrier that prevents the intermingling of roots.

(3) Certified plants may be harvested from a certified planting for no more than one year.

(4) Upon request, growers of certified planting stock must provide records to the department documenting the cultivar, source, indexing results and date of acquisition for any certified stock.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-19-035, § 16-333-056, filed 9/12/00, effective 10/13/00.

Wash. Admin. Code § 16-333-061 Site requirements for foundation, registered and certified caneberry planting stock.

(1) Prior to planting foundation, registered, or certified planting stock, the grower must obtain approval from the department for each field site or facility.

(2) For approval by the department, a field site for growing foundation, registered, or certified planting stock must comply with each of the following criteria:

(a) The site has not been planted to caneberry plants or solanaceous crops for the previous five years, or the entire site has been tarp fumigated with chloropicrin and methyl bromide or other equivalent soil treatments approved by the department.

(b) The entire site is at least five hundred feet from any noncertified Rubus plants.

(c) The site has been treated for plant parasitic nematodes using methods recommended by the Washington State University Cooperative Agricultural Extension Service, and its soil has been tested and found free of harmful plant parasitic nematodes.

(3) In order to grow foundation or registered caneberry planting stock in a greenhouse or screenhouse, the grower must use a pasteurized growing media, free of plant pests and vectors of virus pests.

(4) Upon request, growers must provide records to the department documenting fumigations, treatments, and tests.

(5) A map identifying cultivars and lots at each site must be provided to the department by the grower.

(6) Growers must tag all lots identifying the cultivar and/or the lot number.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-19-035, § 16-333-061, filed 9/12/00, effective 10/13/00.

Wash. Admin. Code § 16-333-066 Caneberry greenhouse and screenhouse inspection.

(1) Foundation or registered caneberry plants growing in a greenhouse or screenhouse must be inspected by the department at least one time during the growing period when the plants are likely to express symptoms of virus infection, crown and cane gall infections, and other disorders. The department may conduct additional inspections.

(2) During inspection, the department will flag all plants that are visibly off-type, crown gall infected, virus infected, or exhibiting virus-like symptoms.

(3) Growers must remove all plants flagged by the department immediately after inspection.

(4) The unit of certification is the lot.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-19-035, § 16-333-066, filed 9/12/00, effective 10/13/00.

Wash. Admin. Code § 16-333-071 Caneberry field inspection.

(1) Field grown foundation, registered, or certified caneberry planting stock must be inspected by the department at least three times during the growing period.

(a) The first and second inspections must be conducted when the plants are likely to express symptoms of virus infection, crown and cane gall infections, and other disorders.

(b) The department will conduct the third inspection during or after harvest.

(2) During inspections, the department will flag all plants that are visibly off-type, crown gall infected, virus infected, or exhibiting symptoms of other caneberry pests or diseases.

(3) Growers must rogue in compliance with the criteria in this subsection all plants flagged by the department within one week after inspection.

(a) Roguing after the first field inspection must include removing the undesirable plant and all of its roots.

(b) Roguing after the second field inspection must include removing the undesirable plant and all of its roots, as well as all plants and plant parts within ten feet of the undesirable plant.

(4) Any portion of a field not meeting the standards, tolerances and criteria established in this chapter may be marked and removed from consideration for certification if, in the judgment of the department, it does not jeopardize the certification eligibility of the remaining portion of the field.

(5) The unit of certification is the lot.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-19-035, § 16-333-071, filed 9/12/00, effective 10/13/00.

Wash. Admin. Code § 16-333-085 Tolerances for foundation, registered and certified caneberry planting stock.

(1) Each lot of foundation, registered or certified planting stock may have no more than the percentage of affected plants listed in the table below:

| | Foundation All inspections | Registered All inspections | Certified All inspections | | --- | --- | --- | --- | | Factors | Percent | Percent | Percent | | Varietal mixture | 0 | 0 | 0 | | Visible symptoms of virus diseases | 0 | 0.05 | 0.5 | | Crown and cane gall | 0 | 0.1 | 1.0 | | Nematode | 0 | 0.05 | 0.1 | | Anthracnose | 0 | 2.0 | 5.0 | | Other diseases | 0 | Practically free | Practically free | | Root, cane or crown inhabiting insects | 0 | 0.05 | 0.1 |

(2) Caneberry planting stock that fails to meet any tolerance for its intended class may be reclassified to the next class for which it meets all of the tolerances.

History

Statutory Authority: Chapter 15.14 RCW. WSR 01-11-030, § 16-333-085, filed 5/8/01, effective 6/8/01
WSR 00-19-035, § 16-333-085, filed 9/12/00, effective 10/13/00.

Wash. Admin. Code § 16-333-090 Caneberry planting stock identification and grading.

(1) All caneberry planting stock meeting the requirements and standards of this chapter may be identified with the state of Washington official certified caneberry plant tag or stamp issued by the department.

(2) All containers must be marked with the name and address of the grower, class of certified stock, variety, and lot number.

(3) Quality and grading of planting stock is the responsibility of the grower.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-19-035, § 16-333-090, filed 9/12/00, effective 10/13/00
WSR 85-22-053 (Order 1876), § 16-333-090, filed 11/5/85.

Chapter 16-334 Garlic planting stock registration and certification.

Wash. Admin. Code § 16-334-010 Definitions.

(1) "Certified block" means a planting of a single variety of garlic established from foundation stock, registered stock or certified stock, which complies with the requirements of this chapter.

(2) "Certified stock" means garlic which is produced in a certified block and/or which complies with the requirements of this chapter.

(3) "Department" means the Washington state department of agriculture.

(4) "Director" means the director of the Washington state department of agriculture or the director’s duly authorized representative.

(5) "Foundation block" means a garlic planting established from stock subjected to a laboratory disease elimination procedure approved by the director, which complies with the requirements of this chapter.

(6) "Foundation stock" means garlic which is produced in a foundation block and which complies with the requirements of this chapter.

(7) "Garlic" means plants, plantlets, cloves, bulbs or any plant part of Allium sativum or related varieties.

(8) "Garlic seed" means vegetatively propagated bulbs or cloves of garlic used for planting purposes.

(9) "Off-type" means appearing different by visual examination from the variety listed on the application or exhibiting symptoms of a genetic or nontransmissible disorder.

(10) "Planting stock" means certified stock, registered stock or foundation stock.

(11) "Registered block" means a planting of a single variety of garlic which is established from foundation stock or registered stock and which complies with the requirements of this chapter.

(12) "Registered stock" means garlic which is produced in a registered block and which complies with the requirements of this chapter.

(13) "Stem and bulb nematode" means Ditylenchus dipsaci.

(14) "White rot fungus" means Sclerotinium cepivorum.

History

Statutory Authority: Chapter 15.14 RCW. WSR 98-11-048, § 16-334-010, filed 5/18/98, effective 6/18/98.

Wash. Admin. Code § 16-334-020 Garlic seed—General.

(1) Issuance of a state of Washington certified plant tag, stamp or other document means only that the tagged, stamped, or otherwise documented plant materials have been subjected to procedures and requirements described in this chapter and determined to be in compliance with its standards and requirements. The department disclaims all expressed or implied warranties, including without limitation, implied warranties of merchantability and fitness for particular purpose, regarding all plants, plant parts, and plant materials.

(2) The department is not responsible for disease, genetic disorder, off-type, failure of performance, mislabeling, or otherwise, in connection with this chapter.

(3) No grower, nursery dealer, government official, or other person is authorized to give any expressed or implied warranty, or to accept financial responsibility on behalf of the department regarding certification.

(4) Participation in the seed garlic certification program is voluntary.

History

Statutory Authority: Chapter 15.14 RCW. WSR 98-11-048, § 16-334-020, filed 5/18/98, effective 6/18/98.

Wash. Admin. Code § 16-334-030 Requirements for participation in the seed garlic certification program.

(1) Participants in the seed garlic certification program must submit an annual two-hundred dollar application fee and all applications for plant propagation and certification by July 1 prior to planting. A separate application form must be used for each variety to be certified.

(2) As a condition of participation in the seed garlic certification program, the applicant grower must furnish the department all requested information pertinent to the operation of the program and must give consent to the department to take material for examination and testing.

(3) Garlic seed to be planted into registered or certified blocks must be inspected and tested in compliance with WAC 16-334-030 during the prior growing season by the department or by another certifying agency approved by the department. All such garlic seed must be found to be free of stem and bulb nematode and white rot fungus.

(4) Foundation blocks must be planted with garlic seed that has been through an approved disease elimination process.

(5) Registered blocks must be planted with garlic seed that originates from an approved program as foundation or registered stock.

(6) Certified blocks must be planted with garlic seed that originates from an approved program as foundation stock, registered stock or certified stock. The department may accept other garlic seed as certified stock, if the garlic seed has been inspected, tested, and found free of stem and bulb nematode and white rot fungi, as specified in subsection (3) above, for the previous two growing seasons.

(7) Planting sites for foundation, registered and certified blocks must be inspected and approved by the department at least 30 days prior to planting. At a minimum, planting sites must comply with all of the following criteria:

(a) The site has been out of Allium spp. production for at least five years;

(b) The site is found free of stem and bulb nematode based on an official laboratory test;

(d) The site is not likely to become infested with stem and bulb nematode or white rot fungus by drainage, flooding or irrigation;

(e) The site is separated from all other certified, registered, or foundation blocks by a minimum of six feet, unless the department approves alternative precautions to preserve identity;

(f) The site is a minimum of five hundred feet from any planting of noncertified Allium spp. The department may waive this requirement if the noncertified Allium was planted with true seed and a representative sample of the seed was tested and found free of Ditylenchus dipsaci.

History

Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 09-14-021, § 16-334-030, filed 6/22/09, effective 7/23/09. Statutory Authority: Chapter 15.14 RCW. WSR 98-11-048, § 16-334-030, filed 5/18/98, effective 6/18/98.

Wash. Admin. Code § 16-334-040 Inspection and testing requirements for certification.

(1) The department shall conduct the following inspections for white rot fungus:

(a) One growing season inspection for all field plantings;

(b) One inspection at harvest or during storage;

(2) The department shall collect samples and conduct laboratory analysis for stem and bulb nematode on the following:

(a) Soil from all sites prior to planting;

(b) Plants from foundation and registered blocks, collected at approximately 20 foot intervals and composited on a one acre basis;

(c) Plants from certified blocks equal to or greater than one quarter acre intended to be planted back for recertification, collected at approximately 20 foot intervals and composited on a one acre basis;

(d) Plants from certified blocks of less than a quarter acre intended for recertification, comprising a reasonable sample of not more than five percent of the total plants.

(3) The department may require additional inspections or tests as needed.

(4) Inspection fees as established in chapter 16-401 WAC and laboratory analysis fees as established in chapter 16-470 WAC are applicable to this program.

(5) Payment is due upon completion of each inspection or test. Billing may be arranged subject to department policies and processes.

History

Statutory Authority: Chapter 15.14 RCW. WSR 00-01-148, § 16-334-040, filed 12/21/99, effective 1/21/00
WSR 98-11-048, § 16-334-040, filed 5/18/98, effective 6/18/98.

Wash. Admin. Code § 16-334-050 Conditions under which certification may be refused.

Any plant that appears to be growing abnormally or with abnormal appearing bulbs will be collected and examined for the presence of pests or disease. The department may refuse to certify a planting or the harvested bulbs of garlic if:

(1) The garlic is found to be infested with stem and bulb nematode or infected with white rot fungi; or

(2) The garlic is infected with any other pest that the department determines cannot be eliminated by treatment or roguing; or

(3) A plant or plants are off-type, unless the block is rogued to the satisfaction of the department; or

(4) The participant has failed to pay in a timely manner any fees applicable to this program; or

(5) The participant has failed to comply with any requirements in this chapter.

History

Statutory Authority: Chapter 15.14 RCW. WSR 98-11-048, § 16-334-050, filed 5/18/98, effective 6/18/98.

Wash. Admin. Code § 16-334-060 Responsibilities of the grower.

In addition to other requirements specified in this chapter, a grower participating in this program must perform all of the following:

(1) Conduct an active program of garlic pest control;

(2) Use precautions when cultivating, irrigating and moving equipment to prevent the spread of soil-borne pests or diseases;

(3) Comply with the white rot quarantine regulations in WAC 16-470-300;

(4) Maintain the identity of each lot.

History

Statutory Authority: Chapter 15.14 RCW. WSR 98-11-048, § 16-334-060, filed 5/18/98, effective 6/18/98.

Wash. Admin. Code § 16-334-070 Storage requirements for registered and certified garlic seed.

(1) Harvested seed garlic shall be stored in:

(a) Clean bins or containers that have not been used to store noncertified Allium spp.; and

(b) Clean storage areas approved by the department where onions are not stored.

(2) Harvested planting stock must be held in one of the following:

(a) New bags;

(b) Bags that have been only used to store certified garlic seed; or

History

Statutory Authority: Chapter 15.14 RCW. WSR 98-11-048, § 16-334-070, filed 5/18/98, effective 6/18/98.

Wash. Admin. Code § 16-334-080 Movement of garlic planting stock—Permit required.

In order to move planting stock out of Washington for cracking or other treatment, the participant must comply with all of the following requirements:

(1) The identity of each lot must be maintained at all times;

(2) The participant must obtain a permit from the department prior to movement of the planting stock out of Washington;

(3) The number specified on its permit shall be used to identify each lot;

(4) The permit must accompany the shipping container at all times; and

(5) The permit must accompany certified seed garlic reentering the state.

History

Statutory Authority: Chapter 15.14 RCW. WSR 98-11-048, § 16-334-080, filed 5/18/98, effective 6/18/98.

Chapter 16-350 Registration and certification of fruit tree planting stock.

Wash. Admin. Code § 16-350-010 General.

(1) Trees of Malus, Pyrus, Cydonia, Chaenomeles, Amelanchier, Crataegus, Sorbus or Prunus may be registered as rootstock and scion sources for the propagation of certified nursery stock when inspected, tested and found to be discernibly free from harmful virus and virus-like diseases and other conditions by procedures outlined in this program.

(2) Issuance of a certified state of Washington plant tag, stamp or other document under this chapter means only that the tagged, stamped or otherwise documented fruit tree or fruit tree related ornamental stock and rootstock have been subjected to procedures and requirements described in this chapter and determined to be in compliance with its standards and requirements. The department disclaims all express or implied warranties, including without limitation implied warranties of merchantability and fitness for particular purpose, regarding all plants, plant parts, and plant materials under this chapter.

(3) The department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling or otherwise, in connection with this chapter. No grower, nursery dealer, government official, or other person is authorized to give any expressed or implied warranty, or to accept financial responsibility on behalf of the department regarding this chapter.

(4) Participation in the fruit tree planting stock certification program is voluntary.

History

Statutory Authority: RCW 15.14.015. WSR 26-10-008, s 16-350-010, filed 4/27/26, effective 5/28/26. Statutory Authority: Chapter 15.14 RCW. WSR 00-19-036, § 16-350-010, filed 9/12/00, effective 10/13/00
Order 1331, § 16-350-010, filed 1/15/74
Order 1300, § 16-350-010, filed 3/26/73
Order 951 (part), filed 7/2/64
Order 890 (part), effective 9/17/62.

Wash. Admin. Code § 16-350-015 Definitions.

(1) "Block" means a contiguous grouping of registered plants separated by at least 10 feet from other contiguous groupings of registered plants. Exemptions for closer spacing of registered plants may be granted by the department when risks of infection from targeted pests is low and plant spacing is consistent with current industry standards.

(2) "Clean cultivation" means the site is bare earth or is planted with a grass (Gramineae) or another crop approved in writing by the department in which broad-leaved weeds are actively controlled.

(3) "Department" means the Washington state department of agriculture.

(4) "Diagnostic assays" means those tests used to detect viruses and virus-like pathogens and may include use of herbaceous or woody indicator plants, serological tests, polymerase chain reaction assays, high throughput sequencing, canine detection, and/or other scientifically validated means.

(5) "G1" refers to the original plants (nuclear materials) plant line, variety, or cultivar that has been:

(a) Tested for, and found free of, economically important and/or harmful plant viruses and virus-like organisms; and

(b) Been maintained under controlled conditions to prevent reinfection.

Production and maintenance of G1 material must be in within the NCPN-FT system or equivalent program as approved by the department director.

(6) "G2" means plant material that is propagated from G1 stock and maintained by the certified nursery under the specific conditions outlined in this chapter to prevent (re)infection.

(7) "G3" means plant material that is propagated from G1 or G2 stock to increase the amount of source material available for producing virus-tested certified nursery stock. G3 plants must be maintained under the specific conditions outlined in this chapter to prevent (re)infection.

(8) "G4" means plant material that is propagated from G1, G2, or G3 stock that will be commercially distributed.

(9) "Index" means to determine virus infection by means of inoculation from the plant to be tested to an indicator plant or by any other scientifically acceptable means of detection.

(10) "Indicator plant" means any herbaceous or woody plant used to index or determine virus infection.

(11) "NCPN-FT" means the United States Department of Agriculture National Clean Plant Network for Fruit Trees.

(12) "Off-type" means different from the cultivar as stated on the application for certification.

(13) "Registered tree" means a tree or clonal planting that has a registration number assigned to it by the department, and that has been inspected and tested in accordance with the provisions of this chapter.

(14) "Scion block" means a planting of registered G2 or G3 trees, which serves as a source of scionwood for the propagation of Washington certified nursery stock.

(15) "Seed block" means a planting of registered G2 or G3 seed trees, which serves as a source of seed for producing rootstock used in the propagation of Washington certified nursery stock.

(16) "Stool bed" means a clonal planting of self-rooted registered G2 or G3 trees for the specific purpose of producing vegetatively propagated rootstock used in the propagation of Washington certified nursery stock.

(17) "Targeted" refers to harmful viruses and virus-like agents that cause diseases of commercial pome and stone fruit trees (plant genera Amelanchier, Chaenomeles, Cydonia, Crataegus, Malus, Prunus, Pyrus, and Sorbus) and that may be tested for as a condition of participation in the certification program.

(18) "Tested" means having been subjected to an official examination, other than visual, to determine if pests are present or to identify pests.

(19) "Tissue culture" means a general term for the cultivation of plants (cells, tissues, or organs) under aseptic conditions in a synthetic medium in vitro. It also refers to the cultures themselves.

(20) "Topworking" means the propagation by budding or grafting of scionwood onto a rootstock or established tree.

(21) "Virus" means virus and other graft-transmissible virus-like entities such as phytoplasma and viroids.

(22) "Virus infected" means the presence of a targeted virus in a plant or plant part.

(23) "Washington certified nursery stock" means G4 plant materials including nursery-grown seedlings, clonal root-stocks originating from registered G2 or G3 trees, nursery-grown trees propagated by using top-stock from registered G2 or G3 trees, and rootstock originating from registered G2 or G3 trees of the plant genera Amelanchier, Chaenomeles, Cydonia, Crataegus, Malus, Prunus, Pyrus, and Sorbus.

(24) "Washington certified seed" means seed produced on registered G1, G2, or G3 seed trees. It could also pertain to virus-tested seed from other sources approved by the department for production of G4 trees.

History

Statutory Authority: RCW 15.14.015. WSR 26-10-008, s 16-350-015, filed 4/27/26, effective 5/28/26. Statutory Authority: Chapter 15.14 RCW. WSR 00-19-036, § 16-350-015, filed 9/12/00, effective 10/13/00
WSR 90-23-006 (Order 2058), § 16-350-015, filed 11/9/90, effective 12/10/90
Order 1331, § 16-350-015, filed 1/15/74
Order 1300, § 16-350-015, filed 3/26/73
Order 951, Regulation 1, filed 7/2/64
Order 890, Regulation 1, effective 9/17/62.

Wash. Admin. Code § 16-350-020 Requirements.

Certification by the department shall not imply or be construed as any warranty of the department or their employees as to the condition of nursery stock. The following requirements and conditions shall be met to qualify for consideration of certification of nursery stock:

(1) The applicant for certification shall be responsible for the selection of the location and the proper maintenance of all plantings being grown. The applicant shall also be responsible for maintaining the identity of all nursery stock. Any planting entered into this certification program shall be kept in a thrifty growing condition and actively managed for plant pests.

(2) Trees may be registered for certification as rootstock, interstock, and scion sources for the propagation of Washington certified nursery stock when inspected, tested, and found to be discernibly free from targeted viruses and having trueness to type, in accordance with the procedures prescribed in this chapter.

(3) No budding, grafting, or top-working of registered G2 and G3 trees in a scion block, seed block, or stool bed shall be permitted without prior permission from the department. Use of a certified G2 and G3 nursery stock (from another nursery) for scionwood shall only be allowed upon receiving permission from the department and shall be subject to departmental supervision.

(4) Registered scion and seed blocks will be maintained with insect management appropriate to mitigate risk of insect vectored viruses and virus-like organisms. Monitoring for insect vectors will occur during the growing season using best management practices defined by Washington State University. When presence of insect vectors is detected, insecticides and deterrents shall be employed to cover potential vector activity periods.

(5) Any plant found to be infected by a targeted virus and officially confirmed by the department, or in root or foliar contact with a confirmed infected plant, shall be removed immediately from any planting and destroyed after notification is provided by the department. For scion blocks, if a tree identified to be infected with a targeted pathogen remains into the following growing season, the department may decertify adjacent and nearby plants within the same block. The distance to which decertification occurs is dependent upon the risk factors of pathogen spread, but shall not be less than 10 feet. For stool beds, if an infected plant is present the following growing season, all plants growing within 10 feet of the infected plant will not be certified. Decertified plants may be recertified if department-approved corrective action is taken.

(6) Prior to planting, all registered plant growing areas and their contiguous border areas of not less than 10 feet, shall be tested for the presence of soil-inhabiting nematodes known to transmit any of the targeted viruses. Growing areas found free of nematode vectors will not require chemical fumigation. Growing areas found infested with nematode vectors are required to be fumigated in accordance with the rates and practices recommended by Washington State University. The growing areas will then be retested. Such tests and treatments shall be carried out under the supervision of the department.

(7) Applicants shall be responsible for maintaining trueness to type of certified G4 nursery stock produced from registered G2 and G3 plants. The applicant shall develop a written program, in cooperation with the department, so as to provide for monitoring of each cultivar for trueness to type. Trees found to be off-type shall be removed.

(8) The applicant must maintain, and when requested, provide to the department at no cost, the following records for all registered G2 and G3 nursery stock in this program for a minimum of 10 years:

(a) Records indicating the Latin name, variety or cultivar, rootstock, origin, date of introduction of the G1 or G2 plant materials to the facility, date of propagation in the registered G2 or G3 block, and field location including nursery row and block;

(b) Records of sale and copies of all phytosanitary certificates issued; and

(c) Maps of the facility or nursery indicating the growing areas and a detailed inventory for the registered G2 and G3 plants.

History

Statutory Authority: RCW 15.14.015. WSR 26-10-008, s 16-350-020, filed 4/27/26, effective 5/28/26. Statutory Authority: Chapter 15.14 RCW. WSR 00-19-036, § 16-350-020, filed 9/12/00, effective 10/13/00
Order 1331, § 16-350-020, filed 1/15/74
Order 1300, § 16-350-020, filed 3/26/73
Order 951, Regulation 2(a), filed 7/2/64
Order 890, Regulation 2 (part), effective 9/17/62.

Wash. Admin. Code § 16-350-025 Requirements for registered scion blocks.

(1) The department will assign a registration number to each registered scion tree.

(2) Only registered G2 or G3 trees are permitted in a registered scion block.

(3) Isolation requirements. Prunus trees must be at least 100 feet from any nonregistered Prunus tree and any nonregistered members of the Rosaceae family.

(a) Plant genera Amelanchier,Chaenomeles, Cydonia, Crataegus, Malus, Pyrus, and Sorbus trees must be at least 60 feet from any nonregistered plant of the Rosaceae family.

(b) The department may waive the isolation distance for registered trees of these genera, if the trees are separated by a physical barrier that would prevent the intermingling of roots.

(c) The department may waive the isolation distances for registered tissue culture lines of these genera, if kept under sterile laboratory conditions or an indoor insect proof facility.

(4) The ground in a scion block and for a distance of 20 feet on all sides around it shall be kept clean cultivated or in grass (Gramineae) or another approved cover in which broad-leaved weeds are actively controlled.

(5) The rootstock and scion sources of the G2 and G3 scion-block trees shall have originated from G2 trees established under this certification program or from virus-tested G1 trees originating through the National Clean Plant Network-FT or other department-approved virus-tested sources. If the tree is scion-rooted, its source shall have met the above-mentioned requirements.

(6) Registered scion trees may be propagated with scionwood from other registered trees, if all of the following conditions are complied with:

(a) No registered tree utilized is more than two generations from the foundation source.

(b) The registered tree providing scionwood for a second-generation registered tree is identified and its location is known.

History

Statutory Authority: RCW 15.14.015. WSR 26-10-008, s 16-350-025, filed 4/27/26, effective 5/28/26. Statutory Authority: Chapter 15.14 RCW. WSR 00-19-036, § 16-350-025, filed 9/12/00, effective 10/13/00
WSR 90-23-006 (Order 2058), § 16-350-025, filed 11/9/90, effective 12/10/90
Order 1331, § 16-350-025, filed 1/15/74
Order 1300, § 16-350-025, filed 3/26/73
Order 951, Regulation 2(b), filed 7/2/64
Order 890, Regulation 2 (part), effective 9/17/62.

Wash. Admin. Code § 16-350-030 Requirements for registered seed blocks.

(1) The department will assign a registration number to each registered seed tree.

(2) Prunus seed blocks must be located at least 100 feet from any nonregistered Prunus plants and any nonregistered member of the Rosaceae family.

(3) The ground in a seed block and for a distance of 20 feet surrounding the seed block shall be kept clean cultivated or in grass (Gramineae) or another approved cover in which broad-leaved weeds are actively controlled.

(4) The rootstock and scion sources of the seed tree shall have originated from G2 or G3 trees established under this program or from virus tested G1 trees originating through the NCPN-FT or other department-approved virus tested sources. If the tree is scion-rooted, its source shall have met the above requirements. Only registered trees shall be permitted in the seed block.

History

Statutory Authority: RCW 15.14.015. WSR 26-10-008, s 16-350-030, filed 4/27/26, effective 5/28/26. Statutory Authority: Chapter 15.14 RCW. WSR 00-19-036, § 16-350-030, filed 9/12/00, effective 10/13/00
WSR 90-23-006 (Order 2058), § 16-350-030, filed 11/9/90, effective 12/10/90
Order 1331, § 16-350-030, filed 1/15/74
Order 1300, § 16-350-030, filed 3/26/73
Order 951, Regulation 2(c), filed 7/2/64
Order 890, Regulation 2 (part), effective 9/17/62.

Wash. Admin. Code § 16-350-032 Requirements for registered stool beds.

(1) Existing stool beds not found to be virus infected via testing approved by the department may qualify as registered G3 stool beds. New stool beds shall have originated from G2 or G3 stock established under this certification program, or from virus-tested G1 plants originating through the NCPN-FT or other department-approved virus-tested sources. Only registered plants shall be permitted in the registered stool bed.

(2) Registered stool beds must be at least ten feet from nonregistered plants of the Rosaceae family.

(3) Ground in a registered stool bed, and for a distance of at least 10 feet surrounding it, shall be kept clean cultivated.

(4) The isolation distance shall not apply to registered stool beds produced by aseptic micropropagation and maintained under sterile laboratory conditions or an indoor insect proof facility.

History

Statutory Authority: RCW 15.14.015. WSR 26-10-008, s 16-350-032, filed 4/27/26, effective 5/28/26. Statutory Authority: Chapter 15.14 RCW. WSR 00-19-036, § 16-350-032, filed 9/12/00, effective 10/13/00
WSR 90-23-006 (Order 2058), § 16-350-032, filed 11/9/90, effective 12/10/90
Order 1331, § 16-350-032, filed 1/15/74
Order 1300, § 16-350-032, filed 3/26/73.

Wash. Admin. Code § 16-350-033 Requirements for scion blocks of containerized plants.

The following requirements specifically apply to scion blocks of containerized plant genera Amelanchier, Chaenomeles, Cydonia, Crataegus, Malus, Prunus, Pyrus, and Sorbus species:

(1) The roots of trees being containerized must be free of soil prior to planting in the containers;

(2) The growing medium must consist of nonsoil material including, but not limited to, expanded or baked clay pellets, ground coconut husks, coffee hulls, cocoa pods or rice husks, peat, perlite, sawdust, sphagnum, volcanic ash, cinder, or vermiculite. The components of the growing medium must not have been previously used for growing plants or other agricultural purposes. The components of the growing medium must be mixed and maintained under conditions which preclude soil contamination or contamination by water run-off. Samples of the growing medium may be taken to verify the absence of soil.

(3) The containers must be set on a barrier that prevents the roots of the plants from permeating the soil or prevents direct contact with the soil, such as plastic, hard-packed clay, pavement, or a minimum of two inches of coarse gravel. The site must be located so as to preclude soil contamination, either directly or through water run-off from drainage, flooding, irrigation, or other means.

(4) All other requirements for growing scion blocks must be met (see WAC 16-350-025).

History

Statutory Authority: RCW 15.14.015. WSR 26-10-008, s 16-350-033, filed 4/27/26, effective 5/28/26.

Wash. Admin. Code § 16-350-034 Requirements for tissue culture plant material.

(1) The following requirements apply specifically to tissue culture plant materials grown by organogenesis for scion and for rootstock:

(a) Plants (explants) used to produce callus for tissue culture must be tested or indexed annually.

(b) Plantlets (rooted shoots) regenerated from the tissue culture callus must be grown in a greenhouse or growth chamber and all measures and precautions must be taken to prevent the presence of any vectors in the greenhouse or growth chamber.

(c) One regeneration of plantlets from the tissue culture callus will be certified under this program as G4 level material with no further testing or indexing provided all other requirements are met. This certification will last one year from the date of introduction of the plantlets into the greenhouse. Plantlets may be planted as G3 level registered plants provided all other requirements, including testing, are met for scion and for stool beds.

(d) All other requirements for scion blocks and for stool beds must be met (see WAC 16-350-025 and 16-350-032).

(2) For tissue cultures originating through aseptic micropropagation, without callus formation, the following requirements apply:

(a) With the exception of practices allowed in (b) of this subsection, registered G2 trees must be propagated directly from virus-tested G1 plants originating through the National Clean Plant Network-FT or other department-approved virus-tested sources.

(b) Plants propagated from G1 material and maintained as G2 mother trees entirely under screenhouse conditions may serve as a source to establish a registered G2 tissue culture line. The source G2 mother trees shall be tested annually by the department.

(3) Upon approval from the department, plantlets produced from registered G2 tissue culture lines may retain G2 status if placed in new commercial growing media and maintained in an indoor insect proof facility. Routine testing by the department as outlined in this chapter shall apply.

(4) All other G2 plantlets shall become G3 when planted in growing media and must meet the requirements of this chapter.

History

Statutory Authority: RCW 15.14.015. WSR 26-10-008, s 16-350-034, filed 4/27/26, effective 5/28/26.

Wash. Admin. Code § 16-350-035 Requirements for certified nursery planting stock.

The following requirements specifically apply to Washington certified nursery stock, also known as G4 level material:

(1) The applicant must maintain, and when requested, provide to the department at no cost, the following records of all G4-level materials in this program for at least 10 years.

(a) Records indicating the Latin name, variety or cultivar, rootstock, origin, date of introduction of the G2 materials to the facility, date of propagation in the registered G2 or G3 block, and field location including nursery row and planting.

(b) Records of sale and copies of all phytosanitary certificates issued.

(2) All nursery stock grown for G4 certification shall be on rootstocks from registered G2 or G3 trees, except for stone fruit trees grown on peach seedlings from qualified seed sources. Prunus root-stocks for G4 certification shall be acceptable only if the seed transmissible virus content does not exceed five percent and as approved by the department. Clonal rootstocks used in the production of Washington certified nursery stock shall originate from registered stool beds or department-approved certification programs from other states.

(3) Nursery stock grown for G4 certification shall be planted sufficiently apart to maintain its identity and shall be kept clean-cultivated. Such nursery stock shall be designated as to rootstock, top-stock, and interstock sources. Rebudding or regrafting of nursery row stock shall not be allowed unless such stock is reworked with budwood from the same registered scion block.

(4) Seed may be designated as Washington certified seed only if both of the following conditions are complied with:

(a) The seed was produced on registered seed trees; and

(b) The seed lot has been tested for transmissible virus content, and not more than five percent of the seed tested positive for transmissible viruses.

(5) Official certification tags approved by the department may be attached to bundles of G4-level trees at time of distribution and documentation of certification can also be supplied with the invoice.

(6) When it is offered for sale, Washington certified nursery stock must be identified as to variety, interstock and rootstock.

History

Statutory Authority: RCW 15.14.015. WSR 26-10-008, s 16-350-035, filed 4/27/26, effective 5/28/26. Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 05-03-042, § 16-350-035, filed 1/11/05, effective 2/11/05. Statutory Authority: Chapter 15.14 RCW. WSR 00-19-036, § 16-350-035, filed 9/12/00, effective 10/13/00
WSR 90-23-006 (Order 2058), § 16-350-035, filed 11/9/90, effective 12/10/90
Order 1331, § 16-350-035, filed 1/15/74
Order 1300, § 16-350-035, filed 3/26/73
Order 951, Regulation 2(d), filed 7/2/64
Order 890, Regulation 2 (part), effective 9/17/62.

Wash. Admin. Code § 16-350-040 Inspection and testing for certification of nursery planting stock.

(1) Inspection and testing procedures prescribed in this certification program may be carried out by the department, and shall be conducted at such times and in such manner as is acceptable to the department.

(2) The methods and procedures used for virus indexing and testing shall conform to NCPN-FT or department-approved standards.

(3) The department reserves the right to visually inspect and test nursery rootstock in a planting for certification throughout the growing season. At the request of the department, any undesirable rootstock must be rogued before propagation.

(4) Any person selling, or offering for sale, any nursery stock or seed identified by tagging as Washington certified nursery stock shall be deemed to be responsible for the identity of such stock. All Washington certified nursery stock offered for sale shall be handled in accordance with accepted commercial practices and shall be identified by the tags described in WAC 16-350-050.

(5) The department will refuse certification of planting stock that has been propagated from registered trees found to be virus-infected or if other requirements of this chapter have not been met.

(6) A list of participating nurseries and certified nursery stock shall be provided to all participating nurseries and to other interested parties upon request.

(7) The department accepts certified material from other states with an approved certification program.

History

Statutory Authority: RCW 15.14.015. WSR 26-10-008, s 16-350-040, filed 4/27/26, effective 5/28/26. Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 04-11-025, § 16-350-040, filed 5/11/04, effective 7/1/04. Statutory Authority: Chapter 15.14 RCW. WSR 00-19-036, § 16-350-040, filed 9/12/00, effective 10/13/00
Order 1331, § 16-350-040, filed 1/15/74
Order 1300, § 16-350-040, filed 3/26/73
Order 951, Regulation 3, filed 7/2/64
Order 890, Regulation 3, effective 9/17/62.

Wash. Admin. Code § 16-350-042 Virus sampling and testing for registered G2/G3 trees.

(1) In addition to visual inspections conducted twice annually, all registered G2/G3 trees may be subject to diagnostic assays to determine the presence of targeted pests listed under this section.

(2) Testing will be prioritized as follows:

(a) Symptomatic G2/G3 trees will be tested immediately by the department.

(b) As funding allows, registered G2/G3 Prunus trees shall be tested by the department on a three-year rotation for Little Cherry Virus 1, Little Cherry Virus 2, Western X phytoplasma, Prune Dwarf Virus, Prunus Necrotic Ringspot Virus, and Cherry Leaf Roll Virus. Registered Prunus trees without testing in the previous 36 months shall not be used for budwood for production of certified trees.

(3) The department and entities authorized by the department will test registered G2/G3 trees by methods consistent with those utilized by the NCPN-FT or department-approved standards.

(4) G2/G3 trees may be tested for the following targeted pests if symptomatic for disease:

(a) Pome fruit:

(i) Apple mosaic virus;

(ii) Apple chlorotic leaf spot virus;

(iii) Apple stem pitting virus;

(iv) Apple green crinkle associated virus;

(v) Apple stem grooving virus;

(vi) Apple rubbery wood virus-1;

(vii) Apple rubbery wood virus-2;

(viii) Apple luteo virus-1;

(ix) Apple scar skin viroid;

(x) Pear blister canker viroid;

(xi) Cherry rasp leaf virus;

(xii) Citrus concave gum-associated virus;

(xiii) Tomato ringspot virus;

(xiv) Tobacco ringspot virus;

(xv) Generic phytoplasma;

(b) Stone fruit:

(i) Apple mosaic virus;

(ii) Apple chlorotic leaf spot virus;

(iii) Arabis mosaic virus;

(iv) Cherry mottle leaf virus;

(v) Cherry green ring mottle associated virus;

(vi) Cherry necrotic rusty mottle virus;

(vii) Cherry rusty mottle associated virus;

(viii) Cherry rasp leaf virus;

(ix) Cherry leaf roll virus;

(x) Generic phytoplasma;

(xi) Candidatus phytoplasma pruni (X-Phytoplasma);

(xii) Hop stunt viroid;

(xiii) Little cherry virus-1;

(xiv) Little cherry virus-2;

(xv) Prune dwarf virus;

(xvi) Prunus necrotic ringspot virus;

(xvii) Plum pox virus;

(xviii) Tomato ringspot virus;

(xix) Tobacco ringspot virus;

(xx) Nectarine virus M;

(xxi) Nectarine stem pitting-associated virus;

(xxii) Plum bark necrosis stem pitting associated virus;

(xxiii) Peach mosaic virus;

(xxiv) Peach latent mosaic viroid;

(xxv) Xylella fastidiosa.

History

Statutory Authority: RCW 15.14.015. WSR 26-10-008, s 16-350-042, filed 4/27/26, effective 5/28/26.

Wash. Admin. Code § 16-350-045 Application and fees.

(1) The applicant must provide the department with all information documenting the eligibility of all registered and certified stock and must allow the department to take samples for indexing or testing purposes.

(2) An application for certification must be filed with the department by June 1 of each year accompanied by an application fee. The application fee will consist of $100.00 plus $10.00 for each registered Prunus tree and $2.00 for each registered pome tree.

(3) The application fee will apply toward the annual assessment on the gross wholesale price of all fruit trees and fruit tree related ornamental nursery stock produced in Washington and sold within the state or shipped from the state during any license period, as set forth in RCW 15.13.310. No refund of the application fee will be allowed.

History

Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 04-11-025, § 16-350-045, filed 5/11/04, effective 7/1/04. Statutory Authority: Chapter 15.14 RCW. WSR 00-19-036, § 16-350-045, filed 9/12/00, effective 10/13/00
WSR 90-23-006 (Order 2058), § 16-350-045, filed 11/9/90, effective 12/10/90
Order 1331, § 16-350-045, filed 1/15/74
Order 1300, § 16-350-045, filed 3/26/73
Order 1275, § 16-350-045, filed 7/6/72
Order 951, Regulation 4, filed 7/2/64
Order 890, Regulation 4, effective 9/17/62.

Wash. Admin. Code § 16-350-050 Tagging and identity.

(1) The department authorizes the use of official certification tags for the identification of nursery stock or seed that meet the requirements of this program. Official standards for the tags will be provided to participating nurseries for printing. Certification tags must be approved by the department prior to use.

(2) Any person selling Washington certified nursery stock or Washington certified seed is responsible for the identity of the stock bearing each tag and for such nursery stock or seed meeting the requirements of this program. Persons issued tags authorized by the program must account for stock produced and sold, keep such records, and make them available at no cost to the department upon request.

History

Statutory Authority: RCW 15.14.015. WSR 26-10-008, s 16-350-050, filed 4/27/26, effective 5/28/26. Statutory Authority: Chapter 15.14 RCW. WSR 00-19-036, § 16-350-050, filed 9/12/00, effective 10/13/00
WSR 90-23-006 (Order 2058), § 16-350-050, filed 11/9/90, effective 12/10/90
Order 1331, § 16-350-050, filed 1/15/74
Order 1300, § 16-350-050, filed 3/26/73
Order 951, Regulation 5, filed 7/2/64
Order 890, Regulation 5, effective 9/17/62.

Chapter 16-354 Hop planting stock certification.

Wash. Admin. Code § 16-354-005 Hop planting stock—General.

(1) Planting stocks of hops and hop plants (Humulus lupulus L.) may be designated as foundation stock, registered stock or certified stock, if the planting stock and plants from which it was produced have been inspected and tested in accordance with procedures and requirements outlined in this chapter. At a minimum, these procedures and requirements deal with hop stunt viroid, arabis mosaic viruses, Ilar viruses and virus-like diseases, downy mildew, verticillium wilt, crown gall, rootknot nematode, hop cyst nematode and other serious pests.

(2) Issuance of a state of Washington certified plant tag, stamp, or other document under this chapter means only that the tagged, stamped, or otherwise documented planting stock has been subjected to procedures and requirements described in this chapter and determined to be in compliance with its standards and requirements. The department disclaims all express or implied warranties, including without limitation implied warranties of merchantability and fitness for particular purpose, regarding all plants, plant parts, and plant materials under this chapter.

(3) The department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with this chapter. No grower, nursery dealer, government official or other person is authorized to give any expressed or implied warranty, or to accept financial responsibility on behalf of the department regarding this chapter.

(4) Participation in the hop planting stock certification program is voluntary.

History

Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 09-18-115, § 16-354-005, filed 9/2/09, effective 10/3/09. Statutory Authority: Chapter 15.14 RCW. WSR 98-09-049, § 16-354-005, filed 4/15/98, effective 5/16/98. Statutory Authority: RCW 15.14.030 (2), (5). WSR 95-18-034 (Order 5083), § 16-354-005, filed 8/28/95, effective 9/28/95. Statutory Authority: Chapters 15.14 and 17.24 RCW. WSR 91-08-016 (Order 2077), § 16-354-005, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 15.14 RCW. WSR 85-15-046 (Order 1867), § 16-354-005, filed 7/16/85
Order 1264, § 16-354-005, filed 5/10/72.

Wash. Admin. Code § 16-354-010 Definitions.

"Arabis mosaic viruses" means a grouping of viruses that are polyhedral, have a bipartite genome and induce diseases such as bare-bine, spidery hop, split leaf blotch and hop chlorotic disease. In combination with satellite RNA, arabis mosaic virus induces hop nettlehead disease.

"Broken or mutilated stock" means the breaking of the root section or splitting of the plant part or other mechanical injury that would affect the normal growth of the plant.

"Certified stock" means planting stock produced from foundation stock or a registered mother block that complies with the requirements of this chapter.

"Crown" means a slip or layered stem cutting with visible buds, that has been grown for one or two years.

"Crown gall" means the disease caused by Agrobacterium tumefaciens E. F. Sm. & Towns., Conn.

"Department" means the Washington state department of agriculture.

"Director" means the director of the Washington state department of agriculture or the director's authorized representative.

"Downy mildew and/or black rot" means the disease caused by Pseudoperonospora humuli Miy. & Tak., G. W. Wils. Black roots caused by this disease may not be certified.

"Fairly clean" means that the plant parts are not matted or caked with dirt.

"Fairly fresh" means that the roots or cuttings are not excessively wilted.

"Firm" means that the plant parts are not soft or spongy, although they may yield to slight pressure.

"Foundation stock" means planting material taken from hop stocks established and maintained by Washington State University, which are indexed and believed to be free from known viruses and hop stunt viroid, and which are genetically uniform. Cuttings or rooted plants, which are used to establish registered mother blocks shall be furnished to the applicant for a fee determined by Washington State University.

"Free from damage caused by freezing injury" means that the roots shall be of a normal color and only moderately affected by discolored roots which affect the normal growth of the plant.

"Free from damage caused by mold" means that the plants shall be free from excessive mold or decay. Plants slightly affected by mold may be allowed.

"Hop cyst nematode" means the nematode Heterodera humuli Filipjev.

"Hop stunt viroid" means a group of viroids consisting of hop stunt viroid and its genetic variants.

"Ilar virus" means a grouping of viruses, including apple mosaic virus and Prunus necrotic ringspot, which share common characteristics including spherical in shape, with genetic material in three different particles and commonly inducing ring spots in hosts.

"Index" means to determine virus infection by means of inoculation from the plant to be tested to an indicator plant or by any other method.

"Moist" means that the plant parts are reasonably turgid and not dried to a degree that would affect normal growth.

"Powdery mildew" means the disease caused by Podosphaera humuli (DC) Burrill = Podosphaera macularis (WALLR.: FR) Lind.

"Registered mother block" means a planting of hops established from foundation stock.

"Rootknot nematode" means the nematode Meloidogyne sp.

"Verticillium wilt" means the disease caused by Verticillium albo-atrum Reinke & Berth. or hop strains of this organism.

"Virus-like" means a transmissible disorder of unknown cause.

History

Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 09-18-115, § 16-354-010, filed 9/2/09, effective 10/3/09. Statutory Authority: Chapter 15.14 RCW. WSR 98-09-049, § 16-354-010, filed 4/15/98, effective 5/16/98. Statutory Authority: RCW 15.14.030 (2), (5). WSR 95-18-034 (Order 5083), § 16-354-010, filed 8/28/95, effective 9/28/95. Statutory Authority: Chapters 15.14 and 17.24 RCW. WSR 91-08-016 (Order 2077), § 16-354-010, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 15.14 RCW. WSR 85-15-046 (Order 1867), § 16-354-010, filed 7/16/85
Order 1264, § 16-354-010, filed 5/10/72
Order 1023, Regulation 1, filed 6/16/66
Order 996, Regulation 1, filed 11/30/65
Order 947, Regulation 1, filed 4/13/64.

Wash. Admin. Code § 16-354-020 Field standards for registered mother blocks.

(1) Certified stock may be produced only from foundation stock or registered mother blocks. In order to be a registered mother block, a proposed hop planting site must meet all of the following requirements:

(a) The site must be inspected and approved by the department during the growing season immediately prior to planting. An exception may be made to allow inspection and planting during the same growing season, if exclusively greenhouse grown certified plants are planted on or after August 15th.

(b) The site must have been out of hop production, and all poles and trellis removed, for a minimum of three full growing seasons prior to planting.

(d) The site must be separated from any other hop plants by a strip of land at least twenty-one feet wide.

(2) A registered mother block must consist of no more than one hop variety or strain.

(3) Registered mother blocks of different varieties or strains must be separated at all points by a strip of land at least twenty-one feet wide and free of hop plants.

(4) Any material planted in a registered mother block must comply with at least one of the following requirements:

(a) Foundation rootstock produced by Washington State University;

(b) Rootstock from another registered mother block;

(d) Growing plants or cuttings from another registered mother block.

(5) Plant material, including rootstock and plants described in subsection (4) of this section, may be moved from one registered mother block to another registered mother block site only after appropriate testing by a Washington State University plant pathologist and written approval by the department.

(6) A registered mother block must be kept free of hop hullings at all times.

(7) No registered mother block location may retain certification for more than:

(a) Four consecutive growing seasons, if the registered mother block was produced from rootstock; or

(b) Five consecutive growing seasons, if the registered mother block was produced from cuttings or growing plants.

(8) If a male plant or pollinated female plant is found during any inspection, the grower may harvest certified planting stock from the registered mother block for the subsequent harvest only. After this harvest, the registered mother block site must be decertified.

(9) Plant pests and weeds must be effectively controlled.

(10) Growers shall rogue (i.e., dig and remove) and immediately destroy all male, diseased, unhealthy appearing or otherwise abnormal plants.

History

Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 09-18-115, § 16-354-020, filed 9/2/09, effective 10/3/09. Statutory Authority: Chapter 15.14 RCW. WSR 98-09-049, § 16-354-020, filed 4/15/98, effective 5/16/98
WSR 93-17-019 (Order 5000), § 16-354-020, filed 8/10/93, effective 9/10/93. Statutory Authority: Chapters 15.14 and 17.24 RCW. WSR 91-08-016 (Order 2077), § 16-354-020, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 15.14 RCW. WSR 85-15-046 (Order 1867), § 16-354-020, filed 7/16/85
WSR 79-06-038 (Order 1631), § 16-354-020, filed 5/17/79
Order 1264, § 16-354-020, filed 5/10/72
Order 1023, Regulation II, filed 6/16/66
Order 996, Regulation II, filed 11/30/65
Order 947, Regulation II, filed 4/13/64.

Wash. Admin. Code § 16-354-030 Registered mother block inspections.

(1) A minimum of three inspections per year will be conducted by the department at each registered mother block. Additional inspections may be conducted as needed.

(2) Timing and inspection methods will vary, depending on weather conditions, the disease or pest being sought, and other factors.

(3) The first inspection is intended primarily to detect downy mildew, as well as other diseases and pests.

(4) The second inspection is intended primarily to detect Ilar viruses, viroids and virus-like diseases.

(5) The third inspection is intended primarily to detect powdery mildew, as well as other diseases and pests.

(6) Inspection reports may contain observations and information on diseases, pests, and other factors for which no specific tolerances are established or which do not affect the certification status of the planting stock.

(7) The presence of verticillium wilt, detected at any time, shall cause immediate decertification of the site. The grower must dig and destroy all affected plants immediately. Affected material may be removed from the site under suitable precautions only by a Washington State University plant pathologist or the department for diagnostic or verification purposes.

History

Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 09-18-115, § 16-354-030, filed 9/2/09, effective 10/3/09. Statutory Authority: Chapter 15.14 RCW. WSR 98-09-049, § 16-354-030, filed 4/15/98, effective 5/16/98. Statutory Authority: Chapters 15.14 and 17.24 RCW. WSR 91-08-016 (Order 2077), § 16-354-030, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 15.14 RCW. WSR 85-15-046 (Order 1867), § 16-354-030, filed 7/16/85
Order 1264, § 16-354-030, filed 5/10/72
Order 1023, Regulation III, filed 6/16/66
Order 996, Regulation III, filed 11/30/65
Order 947, Regulation III, filed 4/13/64.

Wash. Admin. Code § 16-354-040 Hop planting stock certification application and fees.

(1) Application for inspection and testing of registered mother blocks and certified stock shall be filed with the department by April 1 of each year accompanied by a seventy-five dollar application fee.

(2) As a condition of participation in the hop planting stock certification program, the applicant grower must furnish to the department all requested information pertinent to the operation of the program and must give consent to the department to take material from registered mother blocks and/or greenhouses for examination and testing.

(3) Fees for field inspections or inspection of harvested planting stock for grade, phytosanitary certification, or other purposes are assessed at the appropriate rate established in chapter 16-401 WAC.

(4) Payment for each inspection is due upon completion of the inspection. Billing may be arranged subject to department policies and processes.

History

Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 09-18-115, § 16-354-040, filed 9/2/09, effective 10/3/09
WSR 04-24-050, § 16-354-040, filed 11/29/04, effective 12/30/04. Statutory Authority: Chapter 15.14 RCW. WSR 98-09-049, § 16-354-040, filed 4/15/98, effective 5/16/98. Statutory Authority: Chapters 15.14 and 17.24 RCW. WSR 91-08-016 (Order 2077), § 16-354-040, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 15.14 RCW. WSR 85-15-046 (Order 1867), § 16-354-040, filed 7/16/85
WSR 79-06-038 (Order 1631), § 16-354-040, filed 5/17/79
Order 1264, § 16-354-040, filed 5/10/72
Order 1023, Regulation IV, filed 6/16/66
Order 996, Regulation IV, filed 11/30/65
Order 947, Regulation IV filed 4/13/64.

Wash. Admin. Code § 16-354-050 Hop planting stock tags and identity.

(1) Any person selling or offering for sale hop planting stock bearing a certification tag or otherwise identified as certified is responsible for the following:

(a) Accurately identifying the planting stock as to variety and year of harvest;

(b) Accurately identifying the planting stock as complying with all of the conditions of the certified hop planting stock program.

(2) Any person issued certification tag(s) must keep written records of stock produced and sold. These records must be produced at the request of the department.

History

Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 09-18-115, § 16-354-050, filed 9/2/09, effective 10/3/09
WSR 04-24-050, § 16-354-050, filed 11/29/04, effective 12/30/04. Statutory Authority: Chapter 15.14 RCW. WSR 98-09-049, § 16-354-050, filed 4/15/98, effective 5/16/98
WSR 85-15-046 (Order 1867), § 16-354-050, filed 7/16/85
Order 1264, § 16-354-050, filed 5/10/72
Order 1023, Regulation V, filed 6/16/66
Order 996, Regulation V, filed 11/30/65
Order 947, Regulation V, filed 4/13/64.

Wash. Admin. Code § 16-354-070 Hop planting stock field standards.

(1) The unit of certification is the entire registered mother block.

(2) Each entire registered mother block may have no more than the following percent of affected plants:

| | Tolerance | | --- | --- | | Downy mildew | 1% | | Visible nematode damage | 1% | | Verticillium wilt | 0 | | Ilar viruses | 0 | | Arabis mosaic viruses | 0 | | Hop stunt viroid | 0 |

History

Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 09-18-115, § 16-354-070, filed 9/2/09, effective 10/3/09. Statutory Authority: Chapter 15.14 RCW. WSR 98-09-049, § 16-354-070, filed 4/15/98, effective 5/16/98. Statutory Authority: RCW 15.14.030 (2), (5). WSR 95-18-034 (Order 5083), § 16-354-070, filed 8/28/95, effective 9/28/95. Statutory Authority: Chapters 15.14 and 17.24 RCW. WSR 91-08-016 (Order 2077), § 16-354-070, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 15.14 RCW. WSR 85-15-046 (Order 1867), § 16-354-070, filed 7/16/85
Order 1264, § 16-354-070, filed 5/10/72.

Wash. Admin. Code § 16-354-090 Hop planting stock grades and standards.

(1) Grades for hop clones which inherently produce slips or rhizomes and/or layered stem cuttings of small caliper shall be determined by a committee appointed by the Washington hop commission.

(2) Washington No. 1 shall consist of hop slips or rhizomes and/or layered stem cuttings of one strain, not less than five inches in length and not less than five-sixteenths inch in diameter and containing at least one visible bud, crowns not less than six inches in length and not less than three-fourths inch in diameter, with one or more visible buds which are:

(a) Fairly fresh.

(b) Firm.

(d) Fairly clean.

(e) Free from damage caused by:

(i) Mold.

(ii) Freezing injury.

(iii) Broken or mutilated planting stock.

(iv) Crown gall.

(v) Black rot.

History

Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 09-18-115, § 16-354-090, filed 9/2/09, effective 10/3/09. Statutory Authority: Chapter 15.14 RCW. WSR 85-15-046 (Order 1867), § 16-354-090, filed 7/16/85.

Wash. Admin. Code § 16-354-100 Hop planting stock tolerances.

(1) In order to allow for variations incident to proper grading and packing, not more than a combined total of six percent, by count, of the planting stock in any lot shall fail to meet the requirements of Washington No. 1, and not more than six percent of the planting stock shall have rhizomes or layered stem cuttings less than five inches in length.

(2) In order to insure lot uniformity, no individual container within a lot may contain more than one and one-half times the established tolerance.

(3) Hop plants shall be packed to retain a fresh condition.

(4) The department may inspect planting stock from registered mother blocks after harvest and packing for the purpose of verifying that it meets grades and standards established in rule.

History

Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 09-18-115, § 16-354-100, filed 9/2/09, effective 10/3/09. Statutory Authority: Chapter 15.14 RCW. WSR 98-09-049, § 16-354-100, filed 4/15/98, effective 5/16/98. Statutory Authority: Chapters 15.14 and 17.24 RCW. WSR 91-08-016 (Order 2077), § 16-354-100, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 15.14 RCW. WSR 85-15-046 (Order 1867), § 16-354-100, filed 7/16/85.

Chapter 16-390 Fruit and vegetable inspection fees and other charges.

Wash. Admin. Code § 16-390-005 Definitions.

"Certificate" means an official document issued by the director which reports certification results.

"Certificate of compliance" means a shipping document issued by the fruit and vegetable industry attesting that the identified fruits or vegetables are known to be in full compliance with provisions of chapter 15.17 RCW. The member of the fruit and vegetable industry issuing the certificate of compliance has the sole responsibility of fairly and accurately representing the quality and quantity of fruits and vegetables listed on the certificate of compliance.

"Certification" means the complete service performed by the director, from inspection through the issuance of any applicable documentation of the results of the inspection.

"Customer assisted inspection program (CAIP)" means a quality or condition inspection performed by industry using the United States Department of Agriculture (USDA) standards with verification and oversight by the director.

"CWT" means a hundredweight, a unit of measure equaling 100 pounds.

"Director" means the director of the department of agriculture or the director's designated representative. As used in this chapter, WSDA refers to the director unless the context states otherwise.

"Grade and condition certificate" means an official note sheet issued by the director confirming the results of an inspection.

"Hourly fee" means the fee charged for services based on the hours documented by each WSDA inspector providing the service. Hourly fees are charged based on increments of 15 minutes, with time rounded up or down to the next 15 minute interval as follows: Eight minutes into a quarter hour is rounded up to the full quarter hour. Less than eight minutes into a quarter hour is rounded down and not billed.

"Inspection" means the inspection by the director of any fruits or vegetables for the purpose of certification at any time prior to, during, or subsequent to harvest.

"Inspection service notification" means customer notification to the director of any request for inspection services.

"Lot" means, unless otherwise stated in this chapter, a distinct unit of fruits or vegetables.

"Minimum operating fund balance" or "MOFB" means six months of projected apple maggot survey program operating expenses. The factors that the department considers when setting the MOFB under WAC 16-390-230 include the projected program staff salary and benefits; costs of the program's goods and services, including transportation; costs associated with the department's administrative support of the program; and any additional costs associated with the program. In addition to expected future costs, the department may consider previously incurred operating expenses to estimate projected operating expenses.

"Regular business hours" means the hours between 7:00 a.m. and 5:00 p.m. Pacific time Monday through Friday except state holidays.

"Shipping permit" means a shipping document issued by the director attesting that the fruits or vegetables are known to be in compliance with the provisions of chapter 15.17 RCW and this chapter.

History

Statutory Authority: RCW 15.17.030, [15.17].140, and [15.17].150. WSR 26-09-043, s 16-390-005, filed 4/9/26, effective 5/10/26. Statutory Authority: RCW 17.24.101 and 17.24.131. WSR 20-16-010, § 16-390-005, filed 7/23/20, effective 8/23/20. Statutory Authority: RCW 15.17.140(2), 15.17.040 [ 15.17.030], chapters 17.24 and 34.05 RCW. WSR 14-24-086, § 16-390-005, filed 12/1/14, effective 1/1/15. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-19-040, § 16-390-005, filed 9/12/12, effective 10/13/12. Statutory Authority: Chapters 15.17, 34.05 RCW, and 2003 1st sp.s. c 25. WSR 04-11-078, § 16-390-005, filed 5/18/04, effective 6/18/04.

Wash. Admin. Code § 16-390-015 Minimum inspection fee.

A minimum fee of one-half hour under the applicable hourly fee specified in WAC 16-390-025(1) will be charged for any inspection service.

History

Statutory Authority: RCW 15.17.140(2), 15.17.040 [15.17.030], chapters 17.24 and 34.05 RCW. WSR 14-24-086, § 16-390-015, filed 12/1/14, effective 1/1/15.

Wash. Admin. Code § 16-390-020 Certificate fee.

There is a fee of twenty-five dollars for each certificate issued, EXCEPT that a grade and condition certificate will be issued upon completion of a certification with no additional fee beyond the applicable CWT or hourly fee.

History

Statutory Authority: RCW 15.17.140(2), 15.17.040 [15.17.030], chapters 17.24 and 34.05 RCW. WSR 14-24-086, § 16-390-020, filed 12/1/14, effective 1/1/15. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-19-040, § 16-390-020, filed 9/12/12, effective 10/13/12. Statutory Authority: Chapters 15.17, 34.05 RCW, and 2003 1st sp.s. c 25 § 309(2). WSR 05-12-054, § 16-390-020, filed 5/26/05, effective 6/26/05. Statutory Authority: Chapters 15.17, 34.05 RCW, and 2003 1st sp.s. c 25. WSR 04-11-078, § 16-390-020, filed 5/18/04, effective 6/18/04.

Wash. Admin. Code § 16-390-025 Hourly inspection fee.

(1) Effective January 1, 2019, the hourly inspection fee is $75.00 per hour for regular hours and $112.50 per hour for overtime and holiday hours for any inspection service that is not covered by CWT fees.

(2) An additional fee amounting to three regular hours, plus the inspection fees for time worked, at the applicable hourly fee specified in this section will be charged when inspection service notification is not given prior to the end of normal business hours on the day preceding any weekend or holiday inspection work.

History

Statutory Authority: RCW 15.17.030, [15.17].140, and [15.17].150. WSR 26-09-043, s 16-390-025, filed 4/9/26, effective 5/10/26. Statutory Authority: RCW 15.17.030, 15.17.150, 2016 c 229, and chapter 34.05 RCW. WSR 16-18-035, § 16-390-025, filed 8/30/16, effective 9/30/16. Statutory Authority: RCW 15.17.140(2), 15.17.040 [ 15.17.030], chapters 17.24 and 34.05 RCW. WSR 14-24-086, § 16-390-025, filed 12/1/14, effective 1/1/15.

Wash. Admin. Code § 16-390-030 Fruit and vegetable CWT fees.

The following inspection and certification services are charged fees based on the stated CWT fee, provided that if the applied CWT fee would result in a charge less than the applicable hourly fee under WAC 16-390-025 for the staff hours worked, the applicable hourly fee will be assessed.

(1) Effective January 1, 2019, the fee for federal-state grade and condition certification for all fresh and processing fruits, vegetables, and nuts, except in-state processing potatoes, is $0.185 per CWT or fraction thereof.

(2) In-state processing potatoes are charged the following fees:

(a) Effective January 1, 2019, the fee to establish a percentage of potatoes meeting U.S. No. 1 or U.S. No. 2 fresh potato grades as listed in the United States Grades for Potatoes (U.S. Potato Standards) is $0.043 per CWT or fraction thereof.

(b) Effective January 1, 2019, the fee to determine the percentage of dirt, rot, and green is $0.023 per CWT or fraction thereof.

(c) Contracts may be negotiated with the potato processing industry for inspection services to meet specific inspection requests, but not for less than the equivalent hourly fee specified in WAC 16-390-025 for the staff hours worked.

History

Statutory Authority: RCW 15.17.030, [15.17].140, and [15.17].150. WSR 26-09-043, s 16-390-030, filed 4/9/26, effective 5/10/26. Statutory Authority: RCW 15.17.030, 15.17.150, 2016 c 229, and chapter 34.05 RCW. WSR 16-18-035, § 16-390-030, filed 8/30/16, effective 9/30/16. Statutory Authority: RCW 15.17.140(2), 15.17.040 [ 15.17.030], chapters 17.24 and 34.05 RCW. WSR 14-24-086, § 16-390-030, filed 12/1/14, effective 1/1/15. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-19-040, § 16-390-030, filed 9/12/12, effective 10/13/12. Statutory Authority: Chapters 15.17, 34.05 RCW, and 2003 1st sp.s. c 25 § 309(2). WSR 05-12-054, § 16-390-030, filed 5/26/05, effective 6/26/05. Statutory Authority: Chapters 15.17, 34.05 RCW, and 2003 1st sp.s. c 25. WSR 04-11-078, § 16-390-030, filed 5/18/04, effective 6/18/04.

Wash. Admin. Code § 16-390-040 Customer assisted inspection program (CAIP) certification charges.

The fees for federal-state grade and condition CAIP certification for all fresh market fruits and vegetables in any type of containers are one-half of the applicable CWT fees specified in WAC 16-390-030, but not less than the applicable equivalent hourly fee specified in WAC 16-390-025 for the staff hours worked.

History

Statutory Authority: RCW 15.17.140(2), 15.17.040 [15.17.030], chapters 17.24 and 34.05 RCW. WSR 14-24-086, § 16-390-040, filed 12/1/14, effective 1/1/15. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-19-040, § 16-390-040, filed 9/12/12, effective 10/13/12. Statutory Authority: Chapters 15.17, 34.05 RCW, and 2003 1st sp.s. c 25. WSR 04-11-078, § 16-390-040, filed 5/18/04, effective 6/18/04.

Wash. Admin. Code § 16-390-150 Shipping permits and certificates of compliance for apples, apricots, asparagus, Italian prunes, peaches, pears, and sweet cherries.

(1) Each shipment of apples, apricots, asparagus, Italian prunes, peaches, pears, and sweet cherries must be covered by a shipping permit or certificate of compliance. No shipping permit or certificate of compliance will be issued unless the sweet cherries are determined to be free from live Western cherry fruit fly (Rhagoletis indifferens) larvae at the time of shipment.

(2) In-state shipments of apples, apricots, asparagus, Italian prunes, peaches, pears, and sweet cherries to processors do not require a shipping permit or certificate of compliance.

(3) A shipping permit or certificate of compliance may be issued without additional charge if the lot has been issued a grade and condition certificate.

(4) If a lot has not been issued a grade and condition certificate, a shipping permit or certificate of compliance will be issued only after the lot is in full compliance with chapter 15.17 RCW and will be subject to a charge of two-thirds the applicable CWT fee specified in WAC 16-390-030, but not less than $5.00.

(5) A shipping permit or certificate of compliance to ship a lot of apples or pears to a processing plant outside the state is five dollars.

History

Statutory Authority: RCW 15.17.140(2), 15.17.040 [15.17.030], chapters 17.24 and 34.05 RCW. WSR 14-24-086, § 16-390-150, filed 12/1/14, effective 1/1/15. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-19-040, § 16-390-150, filed 9/12/12, effective 10/13/12. Statutory Authority: Chapters 15.17, 34.05 RCW, and 2003 1st sp.s. c 25 § 309(2). WSR 05-12-054, § 16-390-150, filed 5/26/05, effective 6/26/05. Statutory Authority: Chapters 15.17, 34.05 RCW, and 2003 1st sp.s. c 25. WSR 04-11-078, § 16-390-150, filed 5/18/04, effective 6/18/04.

Wash. Admin. Code § 16-390-230 Apple maggot survey fees.

The fee for the apple maggot survey program on all apples grown or packed in Washington state and introduced into commerce for sale or shipment as fresh apples is $.020 per CWT, unless and until the program fund balance falls below the minimum operating fund balance. This fee is assessed by the director on all certificates of compliance and all shipping permits.

(1) The department shall establish the minimum operating fund balance amount on the first business day of February each year unless the fee has been previously set at $.025 per CWT.

(2) At the time the minimum operating fund balance amount is established, if the program fund balance is below the new minimum operating fund balance, the fee rate shall be set at $.025 per CWT beginning July 1st of that year.

(3) The department shall post notice of the minimum operating fund balance on the department's website by February 10th of each year unless the fee has been previously set at $.025 per CWT.

(4) The department shall post notice of the apple maggot survey fee by February 10th of each year.

History

Statutory Authority: RCW 17.24.101 and 17.24.131. WSR 20-16-010, § 16-390-230, filed 7/23/20, effective 8/23/20. Statutory Authority: RCW 15.17.140(2), 15.17.040 [15.17.030], chapters 17.24 and 34.05 RCW. WSR 14-24-086, § 16-390-230, filed 12/1/14, effective 1/1/15. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-19-040, § 16-390-230, filed 9/12/12, effective 10/13/12. Statutory Authority: Chapters 15.17, 17.24, and 34.05 RCW. WSR 08-21-068, § 16-390-230, filed 10/13/08, effective 11/13/08. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 06-19-008, § 16-390-230, filed 9/8/06, effective 10/9/06. Statutory Authority: Chapters 15.17, 34.05 RCW, and 2003 1st sp.s. c 25. WSR 04-11-078, § 16-390-230, filed 5/18/04, effective 6/18/04.

Wash. Admin. Code § 16-390-240 USDA audit verification and terminal market inspection fees.

WSDA performs audit and inspection services requested by customers under a "cooperative agreement" with the United States Department of Agriculture's Agricultural Marketing Service (USDA/AMS). Under USDA/AMS rules, WSDA provides these services as a "federal-state inspection agency." Under USDA/AMS regulations and the cooperative agreement, the fees that WSDA charges for these services must be no less than the current USDA/AMS fees for these services. The applicable current USDA/AMS fees were published in the Federal Register in Vol. 90, No. 81 on April 29, 2025, under the "Fresh Fruits, Vegetables, and Other Products (Inspection, Certification, and Standards)" table and, for the mileage fee related to terminal market inspection, for incorporation in the USDA/AMS "General Market Manual" at Appendix II, "Schedule of User Fees." In conformity with the cooperative agreement, WSDA adopts the same applicable fees for these services as set forth in this section.

(1) Mileage related to audit verification services is charged at the rate established by the Washington state office of financial management at the time the service was performed.

(2) Specialty crop fees/audit and terminal market fees:

| Quality and Condition Inspections for Whole Lots | $267.00 per lot | | | | --- | --- | --- | --- | | Quality and Condition Half Lot or Condition-Only Inspections for Whole Lots | $220.00 per lot | | | | Condition Half Lot | $204.00 per lot | | | | Quality and Condition or Condition-Only Inspections for Additional Lots of the Same Product | $122.00 per lot | | | | Dockside Inspections - Each Package Weighing <30 lbs. | $0.044 per pkg. | | | | Dockside Inspections - Each Package Weighing >30 lbs. | $0.068 per pkg. | | | | Charge per Individual Product for Dockside Inspection | $254.00 per lot | | | | Charge per Each Additional Lot of the Same Product | $122.00 per lot | | | | Inspections for All Hourly Work | Regular | Overtime | Holiday | | $129.00 | $169.00 | $209.00 | | | Audit Services - Federal | $171.00 per audit | | | | Audit Services - State | $171.00 per audit | | | | GFSI Certification Fee2 | $250.00 per audit | | |

| 2 | Global Food Safety Initiative (GFSI) Certification Fee—$250 per GFSI audit to recoup the costs associated with attaining technical equivalency to the GFSI benchmarking requirements. | | --- | --- |

(3) The mileage fee related to terminal market inspection services is $1.96 per mile. Round trip mileage will be charged from an inspector's assigned location to the inspection site.

History

Statutory Authority: RCW 15.17.030, [15.17].140(2), [15.17].150, and [15.17].270. WSR 25-23-024, s 16-390-240, filed 11/10/25, effective 12/11/25
WSR 24-20-067, s 16-390-240, filed 9/27/24, effective 10/28/24
WSR 23-18-028, § 16-390-240, filed 8/28/23, effective 10/1/23
WSR 22-22-063, § 16-390-240, filed 10/28/22, effective 12/1/22
WSR 19-18-047, § 16-390-240, filed 8/30/19, effective 9/30/19. Statutory Authority: RCW 15.17.030, [15.17].140(2), [15.17].150, [15.17].270 and chapter 34.05 RCW. WSR 18-21-167, § 16-390-240, filed 10/23/18, effective 11/23/18
WSR 17-24-077, § 16-390-240, filed 12/5/17, effective 1/5/18. Statutory Authority: RCW 15.17.140(2), 15.17.040 [ 15.17.030], chapters 17.24 and 34.05 RCW. WSR 14-24-086, § 16-390-240, filed 12/1/14, effective 1/1/15. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-19-040, § 16-390-240, filed 9/12/12, effective 10/13/12. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-16-084, § 16-390-240, filed 7/30/07, effective 8/30/07. Statutory Authority: Chapters 15.17, 34.05 RCW, and 2003 1st sp.s. c 25. WSR 04-11-078, § 16-390-240, filed 5/18/04, effective 6/18/04.

Wash. Admin. Code § 16-390-250 Other services and fees.

(1) Other services not involving certification services, provided to other agencies, commissions, growers, businesses, and organizations are charged at the applicable hourly fee specified in WAC 16-390-025.

(2) Other inspection and certification services, such as bean, pea, lentil, hay or straw certification provided to other programs in the department, other agencies, commissions, growers, businesses, and organizations are charged at the applicable hourly fee specified in WAC 16-390-025.

(3) The fee for facsimile or electronic transmission of inspection documents not provided with certification services is five dollars per transmission.

(4) The fee for a certified copy of an original certificate is five dollars.

History

Statutory Authority: RCW 15.17.140(2), 15.17.040 [15.17.030], chapters 17.24 and 34.05 RCW. WSR 14-24-086, § 16-390-250, filed 12/1/14, effective 1/1/15. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-19-040, § 16-390-250, filed 9/12/12, effective 10/13/12. Statutory Authority: Chapters 15.17, 34.05 RCW, and 2003 1st sp.s. c 25. WSR 04-11-078, § 16-390-250, filed 5/18/04, effective 6/18/04.

Wash. Admin. Code § 16-390-260 Overtime and holiday charges.

All certification services performed outside of regular business hours are charged a fee equivalent to the applicable overtime fee specified in WAC 16-390-025 unless an applicable CWT fee meets or exceeds the overtime fee.

History

Statutory Authority: RCW 15.17.140(2), 15.17.040 [15.17.030], chapters 17.24 and 34.05 RCW. WSR 14-24-086, § 16-390-260, filed 12/1/14, effective 1/1/15. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-19-040, § 16-390-260, filed 9/12/12, effective 10/13/12. Statutory Authority: Chapters 15.17, 34.05 RCW, and 2003 1st sp.s. c 25. WSR 04-11-078, § 16-390-260, filed 5/18/04, effective 6/18/04.

Wash. Admin. Code § 16-390-270 Waived fees.

Certificate of compliance fees may be waived for fruits and vegetables donated to bona fide nonprofit organizations. The shipping containers must be conspicuously labeled or marked "not for resale."

History

Statutory Authority: RCW 15.17.140(2), 15.17.040 [15.17.030], chapters 17.24 and 34.05 RCW. WSR 14-24-086, § 16-390-270, filed 12/1/14, effective 1/1/15. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-19-040, § 16-390-270, filed 9/12/12, effective 10/13/12. Statutory Authority: Chapters 15.17, 34.05 RCW, and 2003 1st sp.s. c 25. WSR 04-11-078, § 16-390-270, filed 5/18/04, effective 6/18/04.

Wash. Admin. Code § 16-390-280 Payment and collection of fees and charges.

(1) All fees and charges for services rendered are due within thirty days after the date of the billing statement.

(2) If payment is not received within thirty days, service may be withheld until the delinquent account is paid in full.

(3) The director may assess a penalty of eighteen percent per annum on all unpaid account balances thirty days after billing.

History

Statutory Authority: RCW 15.17.140(2), 15.17.040 [15.17.030], chapters 17.24 and 34.05 RCW. WSR 14-24-086, § 16-390-280, filed 12/1/14, effective 1/1/15. Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-19-040, § 16-390-280, filed 9/12/12, effective 10/13/12. Statutory Authority: Chapters 15.17, 34.05 RCW, and 2003 1st sp.s. c 25. WSR 04-11-078, § 16-390-280, filed 5/18/04, effective 6/18/04.

Chapter 16-401 Nursery inspection fees.

Wash. Admin. Code § 16-401-019 Schedule of fees and charges—Billing policies and procedures.

(1) All billable services provided under chapter 15.13 RCW are due and payable upon billing by the department. For the convenience of established accounts and in accord with good business practices, the department provides a monthly billing service for established accounts. Accounts not paid-in-full within thirty days of billing are considered delinquent.

(2) All delinquent accounts are assessed a late charge equal to one and one-half percent per month, or portion of a month, on the unpaid balance.

(3) Except for established accounts where there is a reasonable expectation of additional charges during a calendar month, the minimum billable amount through the monthly billing system is twenty dollars. All billable services of less than twenty dollars are due and payable-in-full at the time that service is rendered.

(4) No person with an account ninety days or more in arrears will receive service except on the basis of payment in full at the time service is rendered. Such accounts will not be restored to monthly billing status until all past due accounts are paid-in-full. Such accounts may be subject to legal action for collection.

(5) Accounts that become ninety days or more in arrears twice within a five-year period may be subject to a permanent requirement for payment in full at the time service is provided.

History

Statutory Authority: Chapters 15.13 and 15.14 RCW. WSR 99-12-034, § 16-401-019, filed 5/26/99, effective 6/26/99. Statutory Authority: [Chapter 15.13 RCW]. WSR 92-24-067 (Order 4016), § 16-401-019, filed 12/1/92, effective 1/1/93.

Wash. Admin. Code § 16-401-021 Schedule of fees and charges—Facility inspection.

(1) The department may conduct regulatory inspections of any plant material at any nursery facility licensed under chapter 15.13 RCW without additional charge except as provided in subsection (2) of this section. Subsequent to each inspection the department will issue a nursery inspection report to the licensed nursery.

(2) The department may charge a fee for repeated, subsequent inspections of licensed locations where plant material does not meet the requirements in chapter 15.13 RCW. However, the licensed location cannot be subjected to more than two paid inspections each license period. Fees are assessed on the basis of the time required for the inspection at the applicable hourly rate provided in this chapter.

History

Statutory Authority: Chapters 15.13, 15.14, and 34.05 RCW. WSR 03-10-083, § 16-401-021, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 15.13 and 15.14 RCW. WSR 01-11-031, § 16-401-021, filed 5/8/01, effective 6/8/01
WSR 99-12-034, § 16-401-021, filed 5/26/99, effective 6/26/99.

Wash. Admin. Code § 16-401-023 Schedule of fees and charges—Establishing hourly rates.

(1) Requested services are provided at the applicable hourly rate. Services are generally available between 8:00 a.m. and 5:00 p.m. during the workweek, except for on holidays listed in subsection (2) of this section.

(2) Holidays mean New Year's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Thanksgiving Day, the day immediately following Thanksgiving Day, Veteran's Day, Christmas Day, President's Day, and Martin Luther King's Birthday.

(3) The hourly charge is assessed in one-half hour increments, with one-half hour being the minimum charge.

History

Statutory Authority: RCW 15.13.260, 15.13.280, 15.14.015, and 17.24.131. WSR 23-11-012, § 16-401-023, filed 5/5/23, effective 6/5/23. Statutory Authority: Chapters 15.13, 15.14, and 34.05 RCW. WSR 03-10-083, § 16-401-023, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 15.13 and 15.14 RCW. WSR 99-12-034, § 16-401-023, filed 5/26/99, effective 6/26/99. Statutory Authority: [Chapter 15.13 RCW]. WSR 92-24-067 (Order 4016), § 16-401-023, filed 12/1/92, effective 1/1/93.

Wash. Admin. Code § 16-401-027 Schedule of fees and charges—Applicable rates and charges.

The following rates apply for requested inspection services at licensed nursery facilities:

| (1) Fee or Charge: | | | --- | --- | | Hourly rate—business hours | $58.00 | | Phytosanitary certificate issued for licensed nurseries | $20.00 | | Certificate of plant health for noncommercial movement | $20.00 | | Compliance agreement | $58.00 | | Inspection tags or stickers (lots of 250) | $10.00 per lot |

(2) Mileage at the established office of financial management rate, per diem and other authorized travel expenses at actual cost, and travel time at the applicable hourly rate may be assessed for requested inspections that are not a part of a regular work schedule. Such charge may be prorated among applicants if more than one applicant is provided service during a workday or trip when mileage and/or per diem are applicable.

(3) Inspections for phytosanitary certification, including growing season field inspections, are provided at the applicable hourly rate provided in subsection (1) of this section except where an alternate certification inspection fee is provided in statute, in rule, or by a written agreement between the department and an industry entity, university, or public agency. When growing season field inspections for phytosanitary certification and regulatory inspections are performed simultaneously, the first two hours of inspection each calendar year for nurseries licensed under WAC 16-401-041 (1)(b) or (2)(a); and the first four hours of inspection per calendar year for nurseries licensed under WAC 16-401-041 (1)(c) or (2)(b), are without charge.

(4) Inspection and certification of nonplant material or equipment for sanitation (freedom from soil or pests) by visual examination or through witnessing a prescribed treatment (steam cleaning, hydro-washing, etc.) is charged at the applicable hourly rate.

(5) The department may also charge fees and/or surcharges for transmittal to federal agencies.

(6) The department may issue a certificate of plant health for noncommercial movement of plant materials between states by unlicensed persons, up to a maximum of five plants, for a flat fee without charges for hourly rate, provided that the plants are brought to a plant services office for inspection.

| Note: | When two or more types of inspection, provided in this section, are performed simultaneously, only one hourly rate applies. | | --- | --- |

History

Statutory Authority: RCW 15.13.260, 15.13.280, 15.14.015, and 17.24.131. WSR 23-11-012, § 16-401-027, filed 5/5/23, effective 6/5/23. Statutory Authority: RCW 15.13.260, 15.13.280, 15.14.015, 17.24.131, and chapter 34.05 RCW. WSR 15-21-022, § 16-401-027, filed 10/13/15, effective 12/1/15. Statutory Authority: RCW 15.13.260, 15.13.280, 15.13.370, 15.14.015, chapter 34.05 RCW, and 2009 c 564. WSR 09-23-005, § 16-401-027, filed 11/5/09, effective 1/1/10. Statutory Authority: Chapters 15.13, 15.14, and 34.05 RCW. WSR 07-11-011, § 16-401-027, filed 5/3/07, effective 7/1/07
WSR 06-15-043, § 16-401-027, filed 7/11/06, effective 8/11/06
WSR 05-12-110, § 16-401-027, filed 5/31/05, effective 7/1/05
WSR 04-17-037, § 16-401-027, filed 8/10/04, effective 9/10/04. Statutory Authority: Chapters 15.13, 15.14, 17.24, and 34.05 RCW. WSR 03-21-166, § 16-401-027, filed 10/22/03, effective 11/22/03. Statutory Authority: Chapters 15.13, 15.14, and 34.05 RCW. WSR 03-10-083, § 16-401-027, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 15.13 and 15.14 RCW. WSR 01-11-031, § 16-401-027, filed 5/8/01, effective 6/8/01.

Wash. Admin. Code § 16-401-032 Schedule of fees and charges—Miscellaneous charges.

The following rates for miscellaneous charges on requested inspections shall apply.

(1) Postage, special handling services and other miscellaneous costs exceeding five dollars are charged at the actual cost.

(2) Other requested office services, not specifically provided for, are charged a fee based on the portion of an hour at the applicable hourly rate in this chapter.

History

Statutory Authority: Chapters 15.13, 15.14, and 34.05 RCW. WSR 05-12-110, § 16-401-032, filed 5/31/05, effective 7/1/05
WSR 03-10-083, § 16-401-032, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 15.13 and 15.14 RCW. WSR 01-11-031, § 16-401-032, filed 5/8/01, effective 6/8/01.

Wash. Admin. Code § 16-401-041 Nursery dealer license fees.

Annual license fees as established below, must accompany the application for nursery dealer license:

(1) Retail nursery dealer license fee:

(a) Gross business sales of horticultural plants and turf less than $2,500. . . . $67.20

(b) Gross business sales of horticultural plants and turf between $2,500 and $15,000, the license fee is. . . . $147.20

(2) Wholesale nursery dealer license fee:

(a) Gross business sales of horticultural plants and turf less than $15,000. . . . $147.20

(b) Gross business sales of horticultural plants and turf of $15,000 or more. . . . $292.00

(3) As provided in RCW 15.13.285, a surcharge of 20 percent of the base rate, in addition to the fees established on all classes of licenses in subsections (1) and (2) of this section, is established.

(4) Permit fee for those types of sales and organizations exempted from licensing requirements by RCW 15.13.270. . . . $20.00

History

Statutory Authority: RCW 15.13.260, 15.13.280, 15.14.015, and 17.24.131. WSR 23-11-012, § 16-401-041, filed 5/5/23, effective 6/5/23. Statutory Authority: RCW 15.13.260, 15.13.280, 15.14.015, 17.24.131, and chapter 34.05 RCW. WSR 15-21-022, § 16-401-041, filed 10/13/15, effective 12/1/15. Statutory Authority: RCW 15.13.260, 15.13.280, 15.13.370, 15.14.015, chapter 34.05 RCW, and 2009 c 564. WSR 09-23-005, § 16-401-041, filed 11/5/09, effective 1/1/10. Statutory Authority: Chapters 15.13, 15.14, and 34.05 RCW. WSR 07-11-011, § 16-401-041, filed 5/3/07, effective 7/1/07
WSR 06-15-043, § 16-401-041, filed 7/11/06, effective 8/11/06
WSR 05-12-110, § 16-401-041, filed 5/31/05, effective 7/1/05. Statutory Authority: Chapters 15.13, 15.14, 17.24 and 34.05 RCW. WSR 03-21-166, § 16-401-041, filed 10/22/03, effective 11/22/03. Statutory Authority: Chapters 15.13, 15.14, and 34.05 RCW. WSR 03-10-083, § 16-401-041, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 15.13 and 15.14 RCW. WSR 01-11-031, § 16-401-041, filed 5/8/01, effective 6/8/01
WSR 99-12-034, § 16-401-041, filed 5/26/99, effective 6/26/99.

Wash. Admin. Code § 16-401-045 Christmas tree grower license fees.

(1) All Christmas tree growers, except those exempted in subsection (5) of this section, must obtain a Christmas tree grower license.

(2) The licensing period for a Christmas tree grower license is February 1st to January 31st.

(3) The annual fee for a Christmas tree grower license is forty dollars plus an acreage assessment of three dollars per acre. The annual Christmas tree grower license fee for any person may not exceed five thousand dollars.

(4) Growers must submit an application for Christmas tree grower license and the annual fee to the department by February 1st.

(5) Any Christmas tree grower owning Christmas trees, whose business consists solely of retail sales to the ultimate consumer, is exempt from the requirements of this section if:

(a) The grower has less than one acre of Christmas trees; or

(b) The grower harvests, by u-cut or otherwise, fewer than four hundred Christmas trees per year.

History

Statutory Authority: RCW 15.13.311, chapter 34.05 RCW, 2007 c 335, and 2009 c 564. WSR 09-22-091, § 16-401-045, filed 11/4/09, effective 1/1/10.

Wash. Admin. Code § 16-401-050 Annual assessment—Fruit tree material.

As provided in RCW 15.13.310, an annual assessment of one percent on the gross sale price of the wholesale market value for all fruit trees, fruit tree related ornamental trees, fruit tree seedlings, fruit tree rootstock, and all other rootstock used for fruit tree propagation produced in Washington, and sold within the state or shipped from the state by any licensed nursery dealer, is established.

History

Statutory Authority: Chapters 15.13 and 15.14 RCW. WSR 99-12-034, § 16-401-050, filed 5/26/99, effective 6/26/99. Statutory Authority: [Chapter 15.13 RCW]. WSR 92-24-067 (Order 4016), § 16-401-050, filed 12/1/92, effective 1/1/93. Statutory Authority: Chapter 15.54 RCW. WSR 87-19-098 (Order 1953), § 16-401-050, filed 9/17/87.

Wash. Admin. Code § 16-401-060 Annual assessment—Grapevines.

As provided in RCW 15.13.310, an annual assessment of five percent, not to exceed $0.10 per grapevine, on the gross sale price of the wholesale market value for all grapevine propagation material produced in Washington, and sold within the state or shipped from the state by any licensed nursery dealer, is established.

History

Statutory Authority: RCW 15.13.310, 15.14.015 and chapter 34.05 RCW. WSR 14-21-034, § 16-401-060, filed 10/7/14, effective 11/7/14. Statutory Authority: Chapters 15.13 and 34.05 RCW. WSR 03-09-112, § 16-401-060, filed 4/22/03, effective 5/23/03.

Wash. Admin. Code § 16-401-070 Annual assessment—Recordkeeping requirement.

Any person selling grapevine, fruit tree or fruit tree related ornamental nursery stock must maintain a set of accurate sales records to facilitate an audit and ensure that the proper assessment amount is paid to the department. The records must be maintained for a minimum of three years from the date of sale. At a minimum, the records must contain sequentially numbered sales invoices that clearly show the amount of assessment owed for each invoice. Sales invoices must be filed either numerically or alphabetically.

History

Statutory Authority: Chapters 15.13, 15.14 and 34.05 RCW. WSR 04-11-026, § 16-401-070, filed 5/11/04, effective 6/11/04.

Chapter 16-402 Plant pest infestations and plant labeling.

Wash. Admin. Code § 16-402-005 Freedom from infestation—General.

Issuance of any document stating that horticultural plants are apparently free from plant pests means only that the plants were inspected and found to meet the standards for freedom from infestation by plant pests described in this chapter. The department disclaims all expressed or implied warranties, including without limitations implied warranties of merchantibility and fitness for particular purpose, regarding all plants, plant parts, and plant material under this chapter. The department is not responsible for disease, genetic disorders, failure of performance or otherwise in connection with this chapter. No grower, nursery dealer, government official or other person is authorized to give any expressed or implied warranties on behalf of the department regarding this chapter.

History

Statutory Authority: Chapter 15.13 RCW. WSR 98-17-069, § 16-402-005, filed 8/17/98, effective 9/17/98.

Wash. Admin. Code § 16-402-010 Definitions.

The definitions in this section shall apply throughout this chapter.

"Collected horticultural plant" means a noncultivated native plant, collected in its native habitat and sold for horticultural purposes.

"Department" means the Washington state department of agriculture.

"Director" means the director of the Washington state department of agriculture or the director's duly authorized representative.

"Established" means a reproducing population of a pest that is expected to have a permanent presence.

"Harmful" means injurious or potentially injurious to horticultural plants.

"Practically free" means horticultural plants which do not exceed:

(a) A 2% infestation level; or

(b) An infestation in an amount expected to result from and be consistent with good culturing and handling practices employed in the production and marketing of the horticultural plants.

"Quarantine pest" means any pest listed in current Washington state quarantines as promulgated in chapter 17.24 RCW.

"Tag" means to identify a horticultural plant or a group of horticultural plants by a bill of lading, invoice, label or other package marking.

"Unit of sale" means a group of the same plant variety or of mixed varieties placed together at a specific site for retail sale.

History

Statutory Authority: Chapters 15.13 and 34.05 RCW. WSR 04-09-084, § 16-402-010, filed 4/20/04, effective 5/21/04. Statutory Authority: Chapter 15.13 RCW. WSR 98-17-069, § 16-402-010, filed 8/17/98, effective 9/17/98.

Wash. Admin. Code § 16-402-015 Standards for freedom from infestation by plant pests.

Horticultural plants sold, held for sale, shipped or transported into the state must be:

(1) Free of quarantine pests;

(2) Free of pests that would be harmful if allowed to become established within the state or county; and

(3) Practically free of plant pests.

Determination of this standard shall be based on visual inspection by the department.

History

Statutory Authority: Chapter 15.13 RCW. WSR 98-17-069, § 16-402-015, filed 8/17/98, effective 9/17/98.

Wash. Admin. Code § 16-402-020 Compliance with standards required.

(1) Horticultural plants sold, held for sale, shipped or transported in the state must comply with the standards described in WAC 16-402-015.

(2) The director may deny, suspend or revoke the license of any person selling, holding for sale, shipping or transporting horticultural plants in violation of this standard, pursuant to RCW 15.13.490. The director may also issue civil penalties in accordance with RCW 15.13.490 for violations of this standard.

(3) Any horticultural plant sold, held for sale, shipped or transported in violation of WAC 16-402-015 shall be subject to a hold order, issued pursuant to RCW 15.13.430, or an order of condemnation, issued pursuant to RCW 15.13.440. Upon issuance of a hold order or an order of condemnation, the seller or holder of the plant material is entitled to request a hearing under chapter 34.05 RCW.

(4) The department shall issue a nursery inspection record or other official document(s) certifying compliance to WAC 16-402-015.

History

Statutory Authority: Chapters 15.13 and 34.05 RCW. WSR 04-09-084, § 16-402-020, filed 4/20/04, effective 5/21/04. Statutory Authority: Chapter 15.13 RCW. WSR 98-17-069, § 16-402-020, filed 8/17/98, effective 9/17/98.

Wash. Admin. Code § 16-402-030 Standards for plant labeling.

(1) Nursery dealers transporting horticultural plants into the state must legibly tag or identify each species or variety of plant in the shipment in a conspicuous manner with the botanical name and/or the common name.

(2) Nursery dealers displaying horticultural plants for retail sale must tag or identify each variety or species of each unit of sale in a conspicuous manner with the botanical name, and/or the common name, or provide this information to any person upon request.

This requirement does not apply to containers or baskets with mixed species of perennials, annuals or biennials.

(3) Nursery dealers must tag or identify collected horticultural plants with the botanical name, the common name and designate the plants as collected.

(4) To determine compliance with state and federal quarantines, the botanical name of each horticultural plant transported or sold in the state must be made available to the director upon request.

History

Statutory Authority: Chapters 15.13 and 34.05 RCW. WSR 04-09-084, § 16-402-030, filed 4/20/04, effective 5/21/04.

Wash. Admin. Code § 16-402-040 Horticultural plants not in compliance.

Pursuant to RCW 15.13.410, the director may order any horticultural plant, not properly tagged or identified, off sale or returned to the consignor for proper tagging. Upon issuance of an order requiring horticultural plants to be removed from sale or returned to the consignor, the seller or holder of the plant material is entitled to request a hearing under chapter 34.05 RCW.

History

Statutory Authority: Chapters 15.13 and 34.05 RCW. WSR 04-09-084, § 16-402-040, filed 4/20/04, effective 5/21/04.

Wash. Admin. Code § 16-402-100 Purpose.

The intrusion of nonnative, invasive plant pest species into Washington state is a significant public concern. Plant pest species include insects, nematodes, snails, plant diseases, weeds and other species which harm plants or plant products. If established, such plant pests have potential to cause harm to the state's forest, agricultural, horticultural, floricultural and apiary industries, to damage natural resources and the property of private landowners, to reduce environmental quality, and to threaten the diversity and abundance of native species. In recent years, many of these invasive plant pests have entered the state, in some cases causing significant private and public expense for monitoring, control or eradication. This rule is intended to aid in the exclusion, tracking, identification, control and/or eradication of invasive plant pests which may enter the state on or in association with horticultural plants, in order to protect public health, safety, welfare, and the environment.

History

Statutory Authority: Chapters 15.13, 17.24, and 34.05 RCW. WSR 04-14-090, § 16-402-100, filed 7/6/04, effective 8/6/04.

Wash. Admin. Code § 16-402-110 Definitions.

The following definitions apply to WAC 16-402-100 through 16-402-130:

(1) "Tree and shrub nursery stock" means woody forest and ornamental trees, shrubs and vines grown or kept for propagation, distribution or sale, including bareroot, balled and burlaped, and containerized plants, liners, budwood, seedlings and cuttings. Fruit, seeds and tissue culture plantlets are not considered tree and shrub nursery stock.

(2) "Business day" means Monday through Friday, excluding state holidays.

(3) "Receiving nursery" means any nursery dealer within Washington state, including landscape firms and greenhouses required to be licensed as nursery dealers, that acquires tree and shrub nursery stock via interstate or international shipment.

History

Statutory Authority: Chapters 15.13, 17.24, and 34.05 RCW. WSR 04-14-090, § 16-402-110, filed 7/6/04, effective 8/6/04.

Wash. Admin. Code § 16-402-120 Notification requirement.

(1) Receiving nurseries for tree and shrub nursery stock imported into Washington state from any out-of-state source are required to notify the Washington state department of agriculture (WSDA). Notification methods may include U.S. mail, telefacsimile, delivery service or email to: Nursery Inspection Program Supervisor, Plant Protection Division, Washington State Department of Agriculture, 1111 Washington St. S.E., P.O. Box 42560, Olympia, WA 98504-2560; fax 360-902-2094; email: nursery@agr.wa.gov.

(2) Notification must include the species of plant(s), quantities of each species, source of each shipment and the receiving nursery's contact information including telephone numbers and email address (if available). Copies of regular shipping documents, such as load lists, with this information are encouraged.

(3) Notification must arrive at WSDA no later than two business days after arrival of the shipment at the receiving nursery. Notification in advance of the shipment is encouraged.

(4) WSDA may approve alternative notification systems, if the alternative systems allow the provisions of WAC 16-401-130 to be carried out.

History

Statutory Authority: Chapters 15.13, 17.24, and 34.05 RCW. WSR 04-14-090, § 16-402-120, filed 7/6/04, effective 8/6/04.

Wash. Admin. Code § 16-402-130 Hold requirement.

(1) Tree and shrub nursery stock shipments from outside the state must be held separate from other nursery stock for a minimum of one full business day after notification is received by WSDA.

(2) WSDA will contact the nursery before or during the hold period specified in subsection (1) of this section, if the tree and shrub nursery stock must be held for inspection. WSDA will conduct the inspection as soon as practicable.

(3) Unless the receiving nursery has been instructed by WSDA to hold the shipment under subsection (2) of this section, the receiving nursery may distribute the stock before the expiration of the hold period specified in subsection (1) of this section, if the disposition of the stock is fully traceable. Retail sale to cash customers is not permitted during the hold period.

History

Statutory Authority: Chapters 15.13, 17.24, and 34.05 RCW. WSR 04-14-090, § 16-402-130, filed 7/6/04, effective 8/6/04.

Chapter 16-403 Standards for apples marketed within the state of Washington.

Wash. Admin. Code § 16-403-004 Purpose.

The purpose of this chapter is to provide for the fair and orderly marketing of fresh apples in the state of Washington by establishing uniform grades and standards and by providing for the inspection of these products.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-004, filed 1/4/17, effective 2/4/17.

Wash. Admin. Code § 16-403-014 Definitions.

"Aggregate" means the gathering together of separate areas into one mass for the purpose of comparison to determine the extent affected.

"Clean" means that the apples are free from excessive dirt, dust, spray residue and other foreign material.

"Diameter" means, when measuring for minimum size, the greatest dimension of the apple measured at right angles to a line from stem to blossom end. When measuring for maximum size, diameter means the smallest dimension of the apple determined by passing the apple through a round opening in any position.

"Fairly tight" means that the apples are the proper size for molds or cell compartments in which they are packed and the molds or cells are filled in such a way that no more than a slight movement of apples within the molds or cells is possible.

"Fairly well filled" means that the net weight of the apples in containers ranging from 2,100 to 2,900 cubic inches capacity is not less than thirty-seven pounds for Jonathan, McIntosh, and Golden Delicious varieties and not less than forty pounds for all other varieties.

"Fairly well formed" means that the apple may be slightly abnormal in shape but not to an extent which detracts materially from its appearance.

"Firmness terms." The following four terms are used for describing different stages of firmness of apples:

• "Hard" means apples with a tenacious flesh and starchy flavor.

• "Firm" means apples with a tenacious flesh but which are becoming crisp with a slightly starchy flavor, except the Delicious variety.

• "Firm ripe" means apples with crisp flesh except that the flesh of the Rome Beauty or similar varieties may be slightly mealy.

• "Ripe" means apples with mealy flesh and soon to become soft for the variety.

"Fruit weight" means, when measuring for minimum weight as a designation of fruit size, the individual apple must meet the minimum weight designation as marked on the container or package.

"Mature" means that the apples have reached the stage of development which will ensure the proper completion of the ripening process. Before a mature apple becomes overripe it will show varying degrees of firmness, depending upon the stage of the ripening process.

"Overripe" means apples which have progressed beyond the stage of ripe, with flesh very mealy or soft, and past commercial utility.

"Principal display panel" means the end or side panels, exclusive of tops and bottoms of a container for which all required markings must be placed together to comply with this regulation.

"Well formed" means having the normal shape characteristic of the variety, except that the shape may be slightly irregular provided it does not more than slightly detract from the appearance of the apple.

"Worm hole" means a puncture or hole caused by an insect that is one-eighth inch or more in depth.

"WSDA" means the Washington state department of agriculture and its director.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-014, filed 1/4/17, effective 2/4/17.

Wash. Admin. Code § 16-403-024 Adoption of Washington state standards for grades of apples.

Washington state standards apple grades for extra fancy and fancy, except the Fuji variety, must be equivalent to or better than the U.S. standards for U.S. extra fancy and U.S. fancy grades of apples, 7 C.F.R. Sec. 51.300 et seq., in effect as of December 19, 2002. Apples meeting the foregoing grades may be marked either with the proper Washington or U.S. grade, or both. In no case may the Washington grade and condition requirements be interpreted as less than the standards required by the applicable U.S. standards for grades for the comparable Washington grade and variety.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-024, filed 1/4/17, effective 2/4/17.

Wash. Admin. Code § 16-403-034 General standards for Washington grades.

General standards for Washington grades shall apply to apples of one variety (except when more than one variety is printed on the container) which must meet the following standards in addition to standards specific to each Washington grade:

(1) The apples must be mature but not overripe, clean, fairly well formed, and free from decay, internal browning, internal breakdown, brown surface discoloration, scab, freezing injury, visible water core, broken skins, and bruises, except those which are slight and incidental to proper handling and packing; and

(2) The apples must be free from damage by invisible water core after January 31st of the year following the year of production except for the Washington C grade.

(3) Invisible water core is not a quality factor of the Fuji variety at any time of the year.

(4) Apples of the red, partial red or blushed varieties must meet the color requirements specified for the variety in WAC 16-403-064.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-034, filed 1/4/17, effective 2/4/17.

Wash. Admin. Code § 16-403-044 Washington extra fancy grade standards for red, partial red or blushed variety apples.

In addition to meeting the general standards under WAC 16-403-034, Washington extra fancy grade red, partial red, or blushed variety apples must be free from injury as specified in WAC 16-403-164(1) and 16-403-174(1) and damage as specified in WAC 16-403-164(2) and 16-403-174(2).

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-044, filed 1/4/17, effective 2/4/17.

Wash. Admin. Code § 16-403-054 Washington fancy grade standards for red, partial red or blushed variety apples.

In addition to meeting the general standards under WAC 16-403-034, Washington fancy grade red, partial red, or blushed variety apples must also be free from damage as specified in WAC 16-403-164(2) and 16-403-174(2).

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-054, filed 1/4/17, effective 2/4/17.

Wash. Admin. Code § 16-403-064 Color requirements.

(1) Faded brown stripes may not be considered as color.

(2) The color requirements for any variety may not be less than those required under the United States standards for the varieties and the respective variety grades of apples under 7 C.F.R. Sec. 51.305 (effective December 19, 2002), which color standards are incorporated by reference.

(3) Solid red varieties: The color percentage requirement stated below refers to the area of the surface which must be covered with a good shade of solid red characteristic of the variety. However, an apple having color of a lighter shade of solid red or striped red than that considered as a good shade of red characteristic of the variety may be admitted to a grade provided it has sufficient additional area covered so that the apple has as good an appearance as one with the minimum percentage of good red characteristic of the variety required for the grade, subject to the limitations set forth below.

Color shade percentages for solid red varieties.

| Variety | Extra Fancy Good Shade Percent | Extra Fancy Lighter Shade Percent | Fancy Good Shade Percent | Fancy Lighter Shade Percent | | --- | --- | --- | --- | --- | | Beacon | 33 1/3 | 33 1/3 | 15 | 15 | | Empire | 50 | 66 | 33 | 40 | | Idared | 66 | 66 | 40 | 40 | | Jonathan | 50 | 66 | 33 | 40 | | Melrose | 66 | 66 | 40 | 40 | | Red Delicious | 66 | 66 | 40 | 40 | | Red Rome | 66 | 66 | 40 | 40 | | Spartan | 50 | 66 | 33 | 40 | | Winesap | 66 | 66 | 40 | 40 | | Other similar varieties | 50 | 66 | 33 | 40 | | Red sport varieties | 66 | 66 | 40 | 40 |

(4) Striped red varieties:

The percentage stated refers to the area of the surface in which stripes of a good shade of red characteristic of the variety predominate over stripes of lighter red, green or yellow. However, an apple having color of a lighter shade than that considered as a good shade of red characteristic of the variety may be admitted to a grade provided it has sufficient additional area covered so that the apple has as good an appearance as one with the minimum percentage of good red characteristic of the variety required for the grade, subject to the limitations set forth below.

Color requirements for striped or partial red varieties.

| Variety | Extra Fancy Good Shade Percent | Extra Fancy Lighter Shade Percent | Fancy Good Shade Percent | Fancy Lighter Shade Percent | | --- | --- | --- | --- | --- | | Akane | 33 1/3 | 33 1/3 | 15 | 15 | | Cameo | 33 1/3 | 33 1/3 | 15 | 15 | | Cortland | 50 | 50 | 33 | 33 | | Delicious | 50 | 50 | 25 | 25 | | Red Fuji | 50 | 50 | 33 | 33 | | Red Gala | 50 | 50 | 33 | 33 | | Honeycrisp | 33 1/3 | 33 1/3 | 15 | 15 | | Jonamac | 50 | 50 | 33 | 33 | | Liberty | 33 1/3 | 33 1/3 | 15 | 15 | | Early McIntosh | 33 1/3 | 33 1/3 | 15 | 15 | | McIntosh | 35 | 50 | 15 | 33 | | Nittany | 25 | 25 | 10 | 10 | | Rome | 35 | 50 | 15 | 33 | | Rome Beauty | 50 | 50 | 33 | 33 | | Starkrimson | 33 1/3 | 33 1/3 | 15 | 15 | | Stayman | 50 | 50 | 33 | 33 | | Tydeman Red | 33 1/3 | 33 1/3 | 15 | 15 | | Winesap | 50 | 50 | 25 | 25 | | York | 50 | 50 | 33 | 33 | | Other similar varieties | 50 | 50 | 25 | 25 |

(5) Red cheeked or blushed varieties.

(a) Blush cheek means at least ten percent of the surface has blush color characteristic of the variety.

(b) Tinge of color means the apples has any amount of the surface area of blush type color which predominates over the background color of the apple.

| Variety | Extra Fancy Percent | Fancy Percent | | --- | --- | --- | | Ambrosia | Blush cheek | Tinge of color | | Arlet or Swiss Gourmet | Blush cheek | Tinge of color | | Braeburn | Blush cheek | Tinge of color | | Envy | Blush cheek | Tinge of color | | Elstar | Blush cheek | Tinge of color | | Fuji | Blush cheek | Tinge of color | | Gala | Blush cheek | Tinge of color | | Gala Supreme | Blush cheek | Tinge of color | | Royal Gala | Blush cheek | Tinge of color | | Blushing Golden Delicious | Blush cheek | Tinge of color | | Jazz | Blush cheek | Tinge of color | | Jonagold | Blush cheek | Tinge of color | | Lady Alice | Blush cheek | Tinge of color | | Molleys Delicious | Blush cheek | Tinge of color | | Pacific Rose | Blush cheek | Tinge of color | | Pinata | Blush cheek | Tinge of color | | Pomona | Blush cheek | Tinge of color | | Sonata | Blush cheek | Tinge of color | | Sonya | Blush cheek | Tinge of color | | Swiss Gourmet or Arlet | Blush cheek | Tinge of color | | Other similar varieties | Blush cheek | Tinge of color |

History

Statutory Authority: RCW 15.17.030 and chapter 34.05 RCW. WSR 18-11-116, § 16-403-064, filed 5/22/18, effective 6/22/18. Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-064, filed 1/4/17, effective 2/4/17.

Wash. Admin. Code § 16-403-074 Washington extra fancy standards for green or yellow varieties.

Washington green or yellow variety extra fancy apples must meet the following standards in addition to meeting the general standards under WAC 16-403-034. The apples must be free from:

(1) Slightly rough and rough russeting: Provided, that russeting other than rough or bark-like russeting materially affecting the appearance of the apple may be permitted in the stem cavity or calyx basin if it cannot be seen when the apple is placed stem end and calyx end down on a flat surface.

(2) Injury as specified in WAC 16-403-164(1) and 16-403-174(1); and

(3) Damage as specified in WAC 16-403-164(2) and 16-403-174(2).

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-074, filed 1/4/17, effective 2/4/17.

Wash. Admin. Code § 16-403-084 Washington fancy standards for green or yellow varieties.

In addition to meeting the general standards under WAC 16-403-034, green or yellow variety fancy apples must be free from damage as specified in WAC 16-403-164(2) and 16-403-174(2).

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-084, filed 1/4/17, effective 2/4/17.

Wash. Admin. Code § 16-403-094 Washington C grade standards for green or yellow varieties.

The requirements for Washington C grade green or yellow variety apples include the conditions for Washington fancy grade apples under WAC 16-403-054. In addition, apples of this grade must be free from excessive damage caused by russeting as defined under the definitions of "damage by russeting," in WAC 16-403-164(2) under the following conditions:

(1) The aggregate area of an apple which is covered by smooth net-like russeting may not exceed twenty-five percent.

(2) The aggregate area of an apple which is covered by smooth solid russeting may not exceed ten percent except as follows:

(a) The aggregate area for Newtown, Granny Smith or similar varieties which is covered with smooth solid russeting may not exceed twenty percent; and

(b) The aggregate area of an apple which is covered with excessively rough or bark-like russeting or limb rubs may not exceed the area of a circle three-fourths inch in diameter.

(3) There is no requirement in this grade pertaining to invisible water core.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-094, filed 1/4/17, effective 2/4/17.

Wash. Admin. Code § 16-403-104 Combination grades and gift grade.

Combination grades apply to all varieties of apples except red or partial red varieties which may only be packed in the combination extra fancy and fancy grade. Gift grade applies to a combination of apples and pears.

(1) Combination extra fancy and fancy. When extra fancy and fancy apples are packed together, the containers must be marked "Washington combination extra fancy and fancy" and must contain at least eighty percent extra fancy apples, except that Newtown variety combinations must contain at least fifty percent extra fancy apples.

(2) Combination extra fancy, fancy and C grade. When extra fancy, fancy and C grade apples are packed together, the containers must be marked "Washington combination extra fancy, fancy and C grade" and must contain at least eighty percent extra fancy apples, except that Newtown variety combinations must contain at least fifty percent extra fancy apples.

(3) Combination fancy and C grade. When fancy and C grade apples are packed together, the containers must be marked "Washington combination fancy and C grade" but must contain at least eighty percent fancy apples, except that Newtown variety combinations must contain at least fifty percent fancy apples.

(4) Gift grade. Gift grade consists of mixed varieties of apples and pears. Apples must be Washington extra fancy grade under WAC 16-403-044 and 16-403-064. Pears must be U.S. No. 1 or higher grade under WAC 16-442-020 and 16-442-030.

(a) Containers must be marked "gift grade" or with the individual variety and grade that applies to each commodity;

(b) Containers must be marked with the net contents by weight or count; and

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-104, filed 1/4/17, effective 2/4/17.

Wash. Admin. Code § 16-403-114 Standards, packing and labeling for culls.

(1) Apples which are not graded in conformity with any of the grade standards in this chapter and which contain no more than five percent serious insect damage may be designated as "culls."

(2) Culls must be packed and labeled as specified in RCW 15.17.080.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-114, filed 1/4/17, effective 2/4/17.

Wash. Admin. Code § 16-403-124 Other brands and grades.

The director may approve and register a private grade or brand of apple. The private grade or brand may not be lower than the second grade or classification established under chapter 15.17 RCW or under this chapter.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-124, filed 1/4/17, effective 2/4/17.

Wash. Admin. Code § 16-403-134 Soluble solids and shipping dates for Red Delicious, Delicious and Golden Delicious.

(1) Red Delicious and Delicious varieties may not be shipped prior to October 1st of the current growing season unless they have at least eleven percent soluble solids as determined by refractometer.

(2) Golden Delicious varieties may not be shipped prior to September 20th of the current growing season unless they have at least ten and one-half percent soluble solids as determined by refractometer.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-134, filed 1/4/17, effective 2/4/17.

Wash. Admin. Code § 16-403-144 Firmness at time of shipping standards for Red Delicious, Delicious, Golden Delicious, Gala, and Jonagold.

At time of shipment the following firmness standards must be met:

(1) Red Delicious and Delicious varieties must pressure test at least twelve pounds. However, apples failing to pressure test twelve pounds may be considered as meeting the requirements of this section when the individual apple exhibits edible qualities and texture of flesh comparable to other apples of the same variety which pressure test twelve pounds or more.

(2) Golden Delicious variety must pressure test at least ten pounds. However, apples failing to pressure test ten pounds may be considered as meeting the requirements of this section when the individual apple exhibits edible qualities and texture of flesh comparable to other apples of the same variety which pressure test ten pounds or more.

(3) Gala and Jonagold varieties must pressure test at least eleven pounds.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-144, filed 1/4/17, effective 2/4/17.

Wash. Admin. Code § 16-403-145 Red, partial red or blushed varieties—Washington extra fancy.

Washington extra fancy consists of apples of one variety (except when more than one variety is printed on the container) which are mature but not overripe, clean, fairly well formed; free from decay, internal browning, internal breakdown, scald, scab, freezing injury, visible watercore, and broken skins and bruises except those which are slight and incident to proper handling and packing. The apples are also free from injury caused by smooth net-like russeting, sunburn or spray-burn, limb rubs, hail, drought spots, scars, disease, insects, or other means; and free from damage by smooth solid, slightly rough or rough russeting, or stem or calyx cracks, Jonathan spot, bitter pit and free from damage by invisible watercore after January 31st of the year following the year of production: Provided, That smooth net-like russeting and/or invisible watercore shall not be a quality factor of Fuji variety at any time of the year. Each apple of this grade has the amount of color specified in WAC 16-403-064 for the variety.

History

Statutory Authority: RCW 15.17.030 and chapter 34.05 RCW. WSR 18-11-116, § 16-403-145, filed 5/22/18, effective 6/22/18. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 06-12-117, § 16-403-145, filed 6/7/06, effective 7/8/06. Statutory Authority: Chapter 15.17 RCW. WSR 94-07-133 (Order 5033), § 16-403-145, filed 3/23/94, effective 4/23/94
Order 1374, § 16-403-145, filed 7/26/74, effective 9/1/74.

Wash. Admin. Code § 16-403-150 Red, partial red or blushed varieties—Washington fancy.

Washington fancy consists of apples of one variety (except when more than one variety or commodity is printed on the container) which are mature but not overripe, clean, fairly well formed; free from decay, internal browning, internal breakdown, scald, freezing injury, visible watercore, and broken skins and bruises, except those which are incident to proper handling and packing. The apples are also free from damage caused by russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, stem or calyx cracks, Jonathan spot, bitter pit, disease, insects, invisible watercore after January 31st of the year following the year of production, or damage by other means: Provided, That smooth net-like russeting and/or invisible watercore shall not be a quality factor of Fuji variety at any time of the year. Each apple of this grade has the amount of color specified in WAC 16-403-064 for the variety.

History

Statutory Authority: RCW 15.17.030 and chapter 34.05 RCW. WSR 18-11-116, § 16-403-150, filed 5/22/18, effective 6/22/18. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 06-12-117, § 16-403-150, filed 6/7/06, effective 7/8/06. Statutory Authority: Chapter 15.17 RCW. WSR 94-07-133 (Order 5033), § 16-403-150, filed 3/23/94, effective 4/23/94
Order 1374, § 16-403-150, filed 7/26/74, effective 9/1/74.

Wash. Admin. Code § 16-403-154 Starch-iodine requirement for the Granny Smith variety.

Granny Smith variety may not be shipped prior to October 10th unless ninety percent or more of any lot of apples meets the stage of maturity as indicated by starch-iodine rating of 1.2 using a starch-iodine rating scale from Cascade Analytical, Inc. or any equivalent rating scale applicable to the Granny Smith variety.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-154, filed 1/4/17, effective 2/4/17.

Wash. Admin. Code § 16-403-160 Green or yellow varieties—Washington extra fancy.

Washington extra fancy consists of apples of one variety (except when more than one variety or commodity is printed on the container) which are mature but not overripe, clean, fairly well formed; free from decay, internal browning, internal breakdown, scald, scab, freezing injury, visible watercore, broken skins and bruises except those which are slight and incident to proper handling and packing. The apples are also free from slightly rough or rough russeting, provided, russeting other than rough or bark-like russeting materially affecting the appearance of the apple shall be permitted in the stem cavity or calyx basin if it cannot be seen when the apple is placed stem end or calyx end down on a flat surface. The apples are also free from injury caused by smooth net-like russeting, smooth solid russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, disease, insects, stem or calyx cracks, or other means; and free from damage by Jonathan spot, bitter pit and by invisible watercore after January 31st of the year following the year of production.

History

Statutory Authority: RCW 15.17.030 and chapter 34.05 RCW. WSR 18-11-116, § 16-403-160, filed 5/22/18, effective 6/22/18. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 06-12-117, § 16-403-160, filed 6/7/06, effective 7/8/06. Statutory Authority: Chapter 15.17 RCW. WSR 92-15-056, § 16-403-160, filed 7/13/92, effective 8/13/92
WSR 86-14-026 (Order 1892), § 16-403-160, filed 6/25/86
Order 1374, § 16-403-160, filed 7/26/74, effective 9/1/74.

Wash. Admin. Code § 16-403-164 Defects—Injury, damage and serious damage.

(1) "Injury" means any specific defect defined in this section, or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which more than slightly detracts from the appearance or the edible or shipping quality of the apple. The following specific defects are considered as injury:

(a) Russeting.

(i) Russeting in the stem cavity or calyx basin which cannot be seen when the apple is placed stem end or calyx end down on a flat surface is not considered in determining whether or not an apple is injured by russeting.

(ii) Smooth net-like russeting when an aggregate area of more than ten percent of the surface is covered for red, partial red and blushed varieties and five percent of the surface for green and yellow varieties, and when the color of the russeting shows no very pronounced contrast with the background color of the apple.

(iii) Lesser amounts of more conspicuous net-like russeting when the appearance is affected to a greater extent than the above amount permitted is considered injury.

(iv) Smooth solid russeting when the aggregate area in the green and yellow varieties exceeds more than one-quarter inch in diameter and in the red and partial red varieties when the aggregate area exceeds three-eighths inch in diameter is also considered as injury.

(b) Sunburn or sprayburn, when the discolored area does not blend into the normal color of the fruit.

(c) Dark brown or black limb rubs which affect an aggregate area of more than one-quarter inch in diameter for red, partial red or blushed varieties and one-eighth inch for green or yellow varieties. However, light brown limb rubs of a russet character are considered injury by russeting under definition in (a) of this subsection.

(d) Hail marks, drought spots, other similar depressions or scars:

(i) When the skin is broken, whether healed or unhealed;

(ii) When there is appreciable discoloration of the surface;

(iii) When any surface indentation exceeds one-sixteenth inch in depth;

(iv) When any surface indentation exceeds one-eighth inch in diameter; or

(v) When the aggregate affected area of such spots exceeds one-half inch in diameter for red, partial red and blushed varieties or one-quarter inch for green or yellow varieties.

(e) Disease:

(i) Cedar rust infection which affects an aggregate area of more than three-sixteenths inch in diameter.

(ii) Sooty blotch or fly speck which is thinly scattered over more than five percent of the surface, or dark, heavily concentrated areas which affect an area of more than one-quarter inch in diameter.

(iii) Red skin spots which are thinly scattered over more than one-tenth of the surface, or dark, heavily concentrated spots which affect an area of more than one-quarter inch in diameter.

(f) Insects:

(i) Any healed sting or healed stings which affect an aggregate area of more than one-eighth inch in diameter including any encircling discolored rings.

(ii) Worm holes.

(g) Stem cavity or calyx basin cracks.

(i) Which more than slightly detract from the appearance or the edible or shipping quality of the apple;

(ii) Are not well healed; or

(iii) Are well healed which exceed an aggregate length of one-eighth inch.

(2) "Damage" means any specific defect defined in this subsection or an equally objectionable variation of any one of these defects, any other defect or any combination of defects which materially detracts from the appearance or the edible or shipping quality of the apple. The following specific defects are considered damage:

(a) Russeting. Russeting in the stem cavity or calyx basin which cannot be seen when the apple is placed stem end or calyx end down on a flat surface is not considered in determining whether or not an apple is damaged by russeting: Provided, that excessively rough or bark-like russeting in the stem cavity or calyx basin are considered damage when the appearance of the apple is materially affected. The following types and amounts of russeting outside of the stem cavity or calyx basin are considered damage:

(i) Russeting which is excessively rough or rough on green and yellow varieties.

(ii) Smooth net-like russeting when an aggregate area of more than fifteen percent of the surface is covered and the color of the russeting shows no very pronounced contrast with the background color of the apple;

(iii) Smooth solid russeting when an aggregate area of more than five percent of the surface is covered and the pattern and color of the russeting shows no very pronounced contrast with the background color of the apple;

(iv) Lesser amounts of smooth net-like or smooth solid russeting when more conspicuous and the appearance is affected to a greater extent than the amount permitted in this section;

(v) Slightly rough russeting which covers an aggregate area of more than one-half inch in diameter; or

(vi) Rough russeting in the red and partial red varieties which covers an aggregate area of more than one-quarter inch in diameter.

(b) Sunburn or sprayburn which has caused blistering or cracking of the skin or when the discolored area does not blend into the normal color of the fruit unless the injury can be classed as russeting under the definition in (a) of this subsection.

(c) Limb rubs which affect an aggregate area of more than one-half inch in diameter. However, light brown limb rubs of a russet character are considered damage by russeting under the definition in (a) of this subsection.

(d) Hail marks, drought spots, other similar depressions or scars when:

(i) Any unhealed mark is present;

(ii) Any surface indentation exceeds one-eighth inch in depth;

(iii) The skin has not been broken and the aggregate affected area exceeds one-half inch in diameter; or

(iv) The skin has been broken and well healed and the aggregate area exceeds one-quarter inch in diameter.

(e) Stem cavity or calyx basin cracks which are not well healed or well healed stem cavity or calyx basin cracks which exceed an aggregate length of one-quarter inch.

(f) Disease:

(i) Scab spots which affect an aggregate area of more than one-quarter inch in diameter;

(ii) Cedar rust infection which affects an aggregate area of more than one-quarter inch in diameter;

(iii) Sooty blotch or fly speck which is thinly scattered over more than one-tenth of the surface, or dark, heavily concentrated areas which affect an area of more than one-half inch in diameter;

(iv) Red skin spots which are thinly scattered over more than one-tenth of the surface, or dark, heavily concentrated spots which affect an area of more than one-half inch in diameter;

(v) Bitter pit or Jonathan spot when one or more spots affects the surface of the apple.

(g) Insects:

(i) Any healed sting or healed stings which affect an aggregate area of more than three-sixteenths inch in diameter including any encircling discolored rings; or

(ii) Worm holes.

(3) "Serious damage" means any specific defect defined in this subsection or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which seriously detracts from the appearance or the edible or shipping quality of the apple. The following specific defects are considered as serious damage:

(a) Russeting. The following types and amounts of russeting are considered as serious damage:

(i) Smooth solid russeting, when more than one-half of the surface in the aggregate is covered, including any russeting in the stem cavity or calyx basin; or

(ii) Slightly rough, excessively rough or bark-like russeting which detracts from the appearance of the fruit to a greater extent than the amount of smooth solid russeting permitted in (a)(i) of this subsection.

(b) Sunburn or sprayburn which seriously detracts from the appearance of the fruit.

(d) Hail marks, drought spots, or scars, if they materially deform or disfigure the fruit, or if such defects affect more than one-tenth of the surface in the aggregate. However; no hail marks which are unhealed are permitted and not more than an aggregate area of one-half inch is allowed for well healed hail marks where the skin has been broken.

(e) Stem or calyx cracks which are not well healed or well healed stem or calyx cracks which exceed an aggregate length of one-half inch.

(f) Visible water core which affects an area of more than one-half inch in diameter.

(g) Disease:

(i) Scab spots which affect a total area of more than three-fourths inch in diameter;

(ii) Cedar rust infection which affects a total area of more than three-fourths inch in diameter;

(iii) Sooty blotch or fly speck which affects more than one-third of the surface;

(iv) Red skin spots which affect more than one-third of the surface;

(v) Bitter pit or Jonathan spot which is thinly scattered over more than one-tenth of the surface and does not materially deform or disfigure the fruit.

(h) Insects:

(i) Healed stings which affect an aggregate area of more than one-quarter inch in diameter including any encircling discolored rings; or

(ii) Worm holes.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-164, filed 1/4/17, effective 2/4/17.

Wash. Admin. Code § 16-403-165 Green or yellow varieties—Washington fancy.

Washington fancy consists of apples of one variety (except when more than one variety or commodity is printed on the container) which are mature but not overripe, clean, fairly well formed; free from decay, internal browning, internal breakdown, scald, freezing injury, visible watercore, and broken skins and bruises except those which are incident to proper handling and packing. The apples are also free from damage caused by russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, stem or calyx cracks, Jonathan spot, bitter pit, disease, insects, invisible watercore after January 31st of the year following the year of production, or damage by other means.

History

Statutory Authority: RCW 15.17.030 and chapter 34.05 RCW. WSR 18-11-116, § 16-403-165, filed 5/22/18, effective 6/22/18. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 06-12-117, § 16-403-165, filed 6/7/06, effective 7/8/06
Order 1374, § 16-403-165, filed 7/26/74, effective 9/1/74.

Wash. Admin. Code § 16-403-170 Green or yellow varieties—Washington C grade.

The requirements of this grade are the same as for Washington fancy except for russeting and invisible watercore. Apples of this grade are free from excessive damage caused by russeting which means that apples meet the russeting requirements for Washington fancy as defined under the definitions of "damage by russeting," except the aggregate area of an apple which may be covered by smooth net-like russeting shall not exceed 25 percent; and the aggregate area of an apple which may be covered by smooth solid russeting shall not exceed 10 percent: Provided, That in the case of the Yellow Newtown, Granny Smith or similar varieties the aggregate area of an apple which may be covered with smooth solid russeting shall not exceed 20 percent; and the aggregate area of an apple which may be covered with excessively rough or barklike russeting or limb rubs shall not exceed the area of a circle three-fourths of an inch in diameter. There is no requirement in this grade pertaining to invisible watercore.

History

Statutory Authority: RCW 15.17.030 and chapter 34.05 RCW. WSR 18-11-116, § 16-403-170, filed 5/22/18, effective 6/22/18. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 06-12-117, § 16-403-170, filed 6/7/06, effective 7/8/06. Statutory Authority: Chapter 15.17 RCW. WSR 79-07-068 (Order 1635), § 16-403-170, filed 6/27/79
Order 1374, § 16-403-170, filed 7/26/74, effective 9/1/74.

Wash. Admin. Code § 16-403-174 Bruises—Injury, damage and serious damage.

The standard for bruises under the categories of injury, damage or serious damage is as follows:

(1) Injury consists of bruises which are not slight and incident to proper handling and packing, and which are greater than:

(a) One-eighth inch in depth;

(b) Five-eighths inch in diameter; or

(c) Any combination of lesser bruises which detract from the appearance or edible quality of the apple to an extent greater than any one bruise described in (a) or (b) of this subsection.

(2) Damage consists of bruises which are not slight and incident to proper handling and packing, and which are greater than:

(a) Three-sixteenths inch in depth;

(b) Seven-eighths inch in diameter; or

(c) Any combination of lesser bruises which detract from the appearance or edible quality of the apple to an extent greater than any one bruise described in (a) or (b) of this subsection.

(3) Serious damage consists of bruises which are not slight and incident to proper handling and packing, and which are greater than:

(a) Three-eighths inch in depth;

(b) One and one-eighth inch in diameter; or

(c) Any combination of lesser bruises which detract from the appearance or edible quality of the apple to an extent greater than any one bruise described in (a) or (b) of this subsection.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-174, filed 1/4/17, effective 2/4/17.

Wash. Admin. Code § 16-403-180 Combination grades.

(1) Combination extra fancy and fancy. When extra fancy and fancy apples are packed together, the boxes may be marked "Washington combination extra fancy and fancy" and shall contain at least 80 percent extra fancy apples, except Newtowns, which shall contain at least 50 percent extra fancy apples. (This is the only combination grade which may be used for red or partial red varieties.)

(2) Combination extra fancy, fancy and C grade. When extra fancy, fancy and C grade apples are packed together, the boxes may be marked "Washington combination extra fancy, fancy and C grade" and shall contain at least 80 percent extra fancy apples, except Newtowns, which shall contain at least 50 percent extra fancy apples.

(3) Combination fancy and C grade. When fancy and C grade apples are packed together, the boxes may be marked "Washington combination fancy and C grade" but shall contain at least 80 percent fancy apples, except Newtowns, which shall contain at least 50 percent fancy apples.

(4) Jumble pack. The larger sizes of the above grades may be removed and the rest packed and marked "jumble" or "face and fill" in addition to the grade mark.

(5) Gift grade. Gift grade may consist of mixed varieties (apples and pears) and in the case of apples shall meet Washington extra fancy grade as defined in Washington standards for apples, and in the case of pears shall be U.S. No. 1 or higher grade as defined in Washington standards for D'Anjou, Bosc, Winter Nelis and other varieties of winter pears. When gift containers meet the requirements of gift grade, such containers need be marked only "gift grade" and a statement of net contents in weight or count and name and address of packer or shipper.

History

Statutory Authority: Chapter 15.17 RCW. WSR 88-14-128 (Order 1982), § 16-403-180, filed 7/6/88, effective 9/1/88
Order 1374, § 16-403-180, filed 7/26/74, effective 9/1/74.

Wash. Admin. Code § 16-403-184 Invisible water core.

Invisible water core will be considered as "damage" when existing around the core and extending to water core in the vascular bundles, or surrounding the vascular bundles when the affected areas surrounding three or more vascular bundles meet or coalesce, or existing in more than a slight degree outside the circular area formed by the vascular bundles: Provided, that invisible water core shall not be scored as damage against the Fuji variety of apples under any circumstances.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-184, filed 1/4/17, effective 2/4/17.

Wash. Admin. Code § 16-403-185 Culls.

(1) Apples which are not graded in conformity with the foregoing grades and which contain not more than 5 percent serious insect damage shall be designated as "culls."

(2) Following is a quotation from RCW 15.17.080 - Fresh fruits—Culls—Container markings—Designation on bills of lading, invoices, etc.:

"It shall be unlawful for any person to sell fresh fruits for fresh consumption classified as culls under the provisions of this chapter or rules adopted hereunder unless such fruit is packed in one-half bushel or one bushel wooden baskets ring faced, with the fruit in the ring face representative of the size and quality of the fruit in such baskets. Such baskets shall be lidded and the words "cull" including the kind of fruit and variety must appear on the top and side of each basket and on any label thereon in clear and legible letters at least two and one-half inches high. Every bill of lading, invoice, memorandum, and document referring to said fruit shall designate them as culls."

History

Order 1374, § 16-403-185, filed 7/26/74, effective 9/1/74.

Wash. Admin. Code § 16-403-190 Tolerances.

In order to allow for variations incident to proper grading, sizing and firmness in each of the foregoing grades, the following tolerances are provided as specified:

(1) Defects: Washington extra fancy, Washington fancy and Washington C grade.

Ten percent of the apples in any lot may fail to meet the requirements of the grade, but not more than five percent shall be allowed for apples which are seriously damaged, including therein not more than one percent for apples affected by decay or internal breakdown.

(2) Combination grades. When applying the foregoing tolerances to combination grades, no part of any tolerance may be allowed to reduce, for the lot as a whole, the percent of apples of the higher grade required in the combination.

Combinations requiring eighty percent of the higher grade for the lot shall not have less than sixty-five percent of the higher grade in individual samples.

Combinations requiring fifty percent of the higher grade for the lot shall not have less than forty percent of the higher grade in individual samples.

(3) Size. When size is designated by the numerical count for a container, not more than five percent of the apples in the lot may vary more than one-half inch in diameter. When size is designated by minimum or maximum diameter or weight, not more than five percent of the apples in any lot may be smaller than the designated minimum and not more than ten percent may be larger than the designated maximum.

(4) Firmness. Not more than ten percent of the apples in any lot of Red Delicious, Delicious, Golden Delicious, Jonagold, and Gala varieties may fail to meet the firmness requirements as defined in WAC 16-403-144.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-190, filed 1/4/17, effective 2/4/17. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 06-12-117, § 16-403-190, filed 6/7/06, effective 7/8/06
WSR 02-12-011, § 16-403-190, filed 5/23/02, effective 8/1/02. Statutory Authority: Chapter 15.17 RCW. WSR 92-15-056, § 16-403-190, filed 7/13/92, effective 8/13/92
WSR 90-09-032 (Order 2032), § 16-403-190, filed 4/11/90, effective 5/12/90
WSR 89-14-031 (Order 2012), § 16-403-190, filed 6/28/89, effective 9/1/89
WSR 88-14-128 (Order 1982), § 16-403-190, filed 7/6/88, effective 9/1/88
Order 1374, § 16-403-190, filed 7/26/74, effective 9/1/74.

Wash. Admin. Code § 16-403-195 Application of tolerances.

The contents of individual samples in the lot are subject to the following limitations: Provided, that the averages for the entire lot are within the tolerances specified for the grade in WAC 16-403-190.

(1) Packages which contain more than ten pounds may not have more than one and one-half times a specified tolerance of ten percent or more or more than double a tolerance of less than ten percent, except that at least one apple which is seriously damaged by insects or affected by decay or internal breakdown may be permitted in any sample.

(2) Packages which contain ten pounds or less may have no more than three times the tolerance specified, except that at least three defective apples may be permitted in any package: Provided, that not more than three apples or more than eighteen percent (whichever is the larger amount) may be seriously damaged by insects or affected by decay or internal breakdown.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-195, filed 1/4/17, effective 2/4/17. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 06-12-117, § 16-403-195, filed 6/7/06, effective 7/8/06. Statutory Authority: Chapter 15.17 RCW. WSR 88-14-128 (Order 1982), § 16-403-195, filed 7/6/88, effective 9/1/88
Order 1374, § 16-403-195, filed 7/26/74, effective 9/1/74.

Wash. Admin. Code § 16-403-200 Calculation of percentages.

When the numerical count is marked on the container, or when containers are packed to weigh ten pounds or less, or in any container where the minimum diameter of the smallest apple does not vary more than one-half inch from the minimum diameter of the largest apple, percentages shall be calculated on the basis of count. In all other cases, percentages shall be calculated on the basis of weight.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-200, filed 1/4/17, effective 2/4/17. Statutory Authority: Chapter 15.17 RCW. WSR 92-15-056, § 16-403-200, filed 7/13/92, effective 8/13/92
Order 1475, § 16-403-200, filed 7/2/76
Order 1374, § 16-403-200, filed 7/26/74, effective 9/1/74.

Wash. Admin. Code § 16-403-215 Packing requirements.

Tolerances. In order to allow for variations incident to proper packing, not more than ten percent of the containers in any lot may fail to meet the following requirements:

(1) Apples tray packed or cell packed in cartons shall be arranged according to approved and recognized methods. Packs shall be at least fairly tight or fairly well filled.

(2) Closed cartons containing apples not tray or cell packed shall be fairly well filled or the pack shall be sufficiently tight to prevent any appreciable movement of the apples.

(3) Apples on the shown face of any container shall be reasonably representative in size, color and quality of the contents.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-215, filed 1/4/17, effective 2/4/17. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 06-12-117, § 16-403-215, filed 6/7/06, effective 7/8/06
Order 1374, § 16-403-215, filed 7/26/74, effective 9/1/74.

Wash. Admin. Code § 16-403-220 Marking requirements—Open or closed containers.

(1) Individual destination states or countries may have specific requirements for letter heights and placement of markings.

(2) All required markings must be displayed together on the principal display panel of the containers.

(3) All required markings must be a minimum of one-quarter inch in height for a principal display panel of one hundred to four hundred square inches. Markings on consumer-type packages must be at least one-quarter inch in height.

(4) Containers must have the following markings:

(a) The correct name of the variety or when more than one variety or commodity is in the container, each variety and commodity must be shown;

(b) The name and address of the grower, packer, or distributor;

(d) The net contents either in terms of dry measure or weight; and

(e) The numerical count or the minimum diameter of apples packed in a closed container. All open containers and consumer packages must bear a statement of net weight or volume. Over-wrapped consumer units may be marked with count, if all specimens can be counted.

(i) When containers are marked as to number of apples in the container, each container contains the correct number of apples designated by the markings.

(ii) When the numerical count is not shown, the minimum diameter or minimum weight of individual apples shall be plainly stamped, stenciled, or otherwise marked on the container in terms of whole inches, or whole inches and not less than eighth inch fractions thereof or in terms of whole grams.

(iii) The minimum weight of individual apples within the container may only be stated in combination with the minimum diameter as a declaration of size for Red Delicious and Golden Delicious. All other varieties and sizes may only have a minimum diameter or minimum weight designated.

(iv) When used in combination with minimum diameter as a size designation, the following minimum fruit weights shall be used:

| Red Delicious | Golden Delicious | | | | | --- | --- | --- | --- | --- | | 2 1/8 in. and 65 | grams | | 2 1/8 in. and 63 | grams | | 2 1/4 in. and 75 | grams | | 2 1/4 in. and 70 | grams | | 2 3/8 in. and 84 | grams | | 2 3/8 in. and 82 | grams | | 2 1/2 in. and 100 | grams | | 2 1/2 in. and 95 | grams | | 2 5/8 in. and 115 | grams | | 2 5/8 in. and 109 | grams | | 2 3/4 in. and 139 | grams | | 2 3/4 in. and 134 | grams |

(v) The word "minimum," or its abbreviation, when following a diameter size or weight size marking, means that the apples are of the size marked or larger.

(f) Apples which were produced outside of the state of Washington and which are graded, packed, or repacked in the state of Washington, shall be correctly labeled as to the state or country of origin, e.g., "Product of Oregon," "Grown in Oregon," "Produced in Canada."

(g) Consumer type packages are not required to bear a statement as to origin when such marking has been placed on the master shipping container's principal display panel.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-220, filed 1/4/17, effective 2/4/17. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 06-12-117, § 16-403-220, filed 6/7/06, effective 7/8/06. Statutory Authority: Chapter 15.17 RCW. WSR 01-12-079, § 16-403-220, filed 6/5/01, effective 7/6/01
WSR 93-18-065 (Order 5005), § 16-403-220, filed 8/30/93, effective 9/30/93
WSR 92-15-056, § 16-403-220, filed 7/13/92, effective 8/13/92
Order 1374, § 16-403-220, filed 7/26/74, effective 9/1/74.

Wash. Admin. Code § 16-403-224 Crop year designation.

Apples from the previous year's crop that are packed and shipped on or after October 1st must be marked with the crop year on each carton or shipping container at the time of shipment. The markings must be displayed on the principal display panel with letters of a minimum of one-half inch in height.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-224, filed 1/4/17, effective 2/4/17.

Wash. Admin. Code § 16-403-234 Condition after storage or transit.

At the shipping point all defects are considered quality factors at the time of packing: Provided, that if the apples have been in storage for more than seven days after packing, factors listed as condition in the USDA Apples Shipping Point and Market Inspection Instructions handbook dated March 2005 are scored as condition factors, and: Provided further, that decay, brown surface discoloration or any other deterioration which may have developed on apples after they have been in storage or transit are considered as affecting condition and not the grade.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-234, filed 1/4/17, effective 2/4/17.

Wash. Admin. Code § 16-403-280 Adoption of United States standards as state standards.

Except as otherwise modified in this chapter and under this section, WSDA adopts the United States standards for grades of apples, 7 C.F.R. Part 51, Subpart "United States Standards for Grades of Apples" (effective December 19, 2002), as the standards apply to U.S. extra fancy, U.S. fancy, U.S. No. 1 and U.S. No. 1 hail, subject to and including the following requirements.

(1) The color requirements specified for U.S. No. 1 and U.S. No. 1 hail must be a good shade of red color;

(2) The percentage of color required for U.S. No. 1 and U.S. No. 1 hail for Delicious must be twenty-five percent a good shade of red color;

(3) The United States grades as applied to Red Delicious, Delicious, Golden Delicious, Gala, and Jonagold varieties must meet the firmness requirements of WAC 16-403-144; and

(4) The United States grades as applied to the Granny Smith variety must meet the starch-iodine requirements of WAC 16-403-154.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 17-03-002, § 16-403-280, filed 1/4/17, effective 2/4/17. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 03-24-007, § 16-403-280, filed 11/20/03, effective 12/21/03
WSR 02-12-011, § 16-403-280, filed 5/23/02, effective 8/1/02. Statutory Authority: Chapter 15.17 RCW. WSR 89-14-031 (Order 2012), § 16-403-280, filed 6/28/89, effective 9/1/89
WSR 88-14-128 (Order 1982), § 16-403-280, filed 7/6/88, effective 9/1/88
Order 1374, § 16-403-280, filed 7/26/74, effective 9/1/74.

Chapter 16-406 Washington standards for apricots.

Wash. Admin. Code § 16-406-005 Definitions in this chapter.

"Aggregate" means that injury areas on an apricot's surface may be combined into one circular area with a diameter equal to the maximum diameter specified for the particular injury.

"Damage" means an injury to an apricot that is readily apparent during grading and handling.

"Department" means the Washington state department of agriculture (WSDA).

"Diameter" means the greatest diameter, measured through the center of the apricot, at right angles to a line running from the stem to the blossom end.

"Director" means the director of the department of agriculture or the director's designated representative. As used in this chapter, WSDA refers to the director unless the context states otherwise.

"Dirt" includes spray residue present to the extent that it is readily apparent.

"Lot" means, unless otherwise stated in this chapter, a distinct unit of fruits or vegetables.

"Mature" means apricots have reached a growth stage that will insure the proper completion of the ripening process.

"Serious damage" means any specific defect defined in this section; or an equally objectionable variation of any one of these defects; or any other defect or a combination of defects which seriously detracts from the appearance or the edible or shipping quality of the fruit.

"Well formed" means having a shape that is characteristic of the variety.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 15-13-039, § 16-406-005, filed 6/9/15, effective 7/10/15. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 05-12-036, § 16-406-005, filed 5/25/05, effective 6/25/05.

Wash. Admin. Code § 16-406-010 Grades.

| WASHINGTON APRICOT GRADES | CHARACTERISTICS | | | --- | --- | --- | | Washington No. 1 | Washington No. 1 consist of apricots of one variety that are: | | | • | Mature but not soft; | | | • | Not overripe or shriveled; | | | • | Well formed; | | | • | Free from decay and worm holes; | | | • | Free from damage caused by dirt, limb rubs, growth cracks, bruises, scale, hail, disease, insects or mechanical or other means. (See tolerances WAC 16-406-020.) | | | Washington No. 2 | Washington No. 2 consist of apricots of one variety that are: | | | • | Mature but not soft; | | | • | Not overripe or shriveled; | | | • | Free from decay and worm holes; | | | • | Free from serious damage caused by dirt, growth cracks, bruises, hail, insect pests, mechanical or other means. (See grade and size tolerances WAC 16-406-020.) | | | Washington combination | • | Washington combination consists of a combination of Washington No. 1 and Washington No. 2 apricots. | | • | To meet Washington combination, at least fifty percent of the apricots in any container must meet the requirements of Washington No. 1 grade. (See grade and size tolerances WAC 16-406-020.) | | | Culls | • | Culls consist of apricots that do not meet the grade requirements of this section and can be immature or seriously damaged by growth cracks, hail, insect pests, mechanical or other means. | | • | Cull apricots for fresh market must be clearly marked with the word CULLS in large letters at least two inches high. (See marking and packing requirements WAC 16-406-030.) | |

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 15-13-039, § 16-406-010, filed 6/9/15, effective 7/10/15. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 05-12-036, § 16-406-010, filed 5/25/05, effective 6/25/05.

Wash. Admin. Code § 16-406-015 Damage and serious damage.

| Damage: | Serious damage: | | | | --- | --- | --- | --- | | (1) | Well-healed growth cracks over 3/8 of an inch in length. | (1) | Well-healed growth cracks that are more than 1/2 inch in length. | | (2) | Punctures over 3/16 of an inch in diameter. Riland variety exceeding 1/2 inch. | (2) | Any deformity or injury causing the skin to break more than 3/8 of an inch in diameter or which seriously affects the apricot's appearance. | | (3) | Stem pulls over 3/8 of an inch in diameter. Riland variety exceeding 1/2 inch. | | | | (4) | Smooth shallow limb rubs more than 1/4 of an inch in diameter. | | | | (5) | Russeting affecting more than ten percent of the apricot's surface which is: | | | | (a) | Reddish to brown affecting more than ten percent of the surface; or | | | | (b) | Thick, rough and very dark affecting more than five percent of the surface. | | | | (6) | Bruises exceeding five percent of the apricot's surface. | (3) | Bruises exceeding ten percent of the surface of the apricot. | | (7) | Hail marks that are: | (4) | Hail marks that are more than: | | (a) | Not shallow and superficial; or | (a) | 3/16 of an inch deep; or | | (b) | More than 3/8 of an inch in diameter in the aggregate; or | (b) | 1/2 inch in diameter in the aggregate; or | | (c) | More than 1/8 inch in diameter when the skin has been broken. | (c) | 1/2 inch in diameter when the skin has been broken. | | | One well-healed hail mark, not exceeding 1/8 inch in diameter is allowed. | | Four well-healed hail marks where each mark does not exceed 1/8 inch in diameter is allowed. | | (8) | Dirt, appearing to the extent that it is readily apparent. | (5) | Dirt, which is readily apparent and seriously affects the appearance. |

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 15-13-039, § 16-406-015, filed 6/9/15, effective 7/10/15. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 05-20-074, § 16-406-015, filed 10/4/05, effective 11/4/05
WSR 05-12-036, § 16-406-015, filed 5/25/05, effective 6/25/05.

Wash. Admin. Code § 16-406-020 Grade and size tolerances.

Numerical count may be used to determine percent of grade tolerances.

(1) When containers are marked with a numerical count, the apricots in any container must not vary more than one-quarter inch in diameter.

(2) To allow for variations incident to proper sizing, no more than ten percent, by count, in any package may be below the specified minimum size.

(3) To allow for variations incident to proper grading and handling, the following tolerances apply:

(a) No more than ten percent in any lot may be below grade requirements.

(b) No more than five percent for defects or damage by insect causing serious damage.

(d) An additional tolerance: For Washington No. 1 grade, no more than ten percent, by count, in any lot may be damaged (but not seriously damaged) by bruising.

(4) When applying the tolerances in subsection (1) of this section to the Washington combination grade:

(a) No part of any tolerance can be used to reduce the percentage of Washington No. 1 apricots required for the combination grade.

(b) Individual containers may contain forty percent Washington No. 1 grade apricots if the entire lot averages fifty percent.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 15-13-039, § 16-406-020, filed 6/9/15, effective 7/10/15. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 05-12-036, § 16-406-020, filed 5/25/05, effective 6/25/05. Statutory Authority: Chapter 15.17 RCW. WSR 99-17-003, § 16-406-020, filed 8/4/99, effective 9/4/99
Order 1015, Regulation B, filed 4/29/66
Order 771, effective 4/28/58.

Wash. Admin. Code § 16-406-025 Application of tolerances.

Individual samples are subject to the following tolerances, provided the averages for the entire lot are within the tolerance specified in WAC 16-406-020.

| Package Weight and Apricot Grade | With a Tolerance of: | Sample Tolerance: | Defects Allowed in a Sample | | | --- | --- | --- | --- | --- | | (1) | Packages containing more than ten pounds | Ten percent or more | Must have no more than one and one-half times the tolerance specified | No more than one apricot affected by decay or internal breakdown. | | (2) | Packages containing more than ten pounds | Less than ten percent | Must have no more than double the tolerance specified | No more than one apricot affected by decay or internal breakdown. | | (3) | Washington No. 1 grade packages containing ten pounds or less | Ten percent or less | May have more than three times the tolerances specified | At least one defective apricot may be permitted in any sample and one apricot or more than six percent (whichever is the larger amount) may be affected by decay or internal breakdown. | | (4) | Washington No. 2 grade packages containing ten pounds or less | Ten percent or less | May have more than three times the tolerances specified | N/A |

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 15-13-039, § 16-406-025, filed 6/9/15, effective 7/10/15. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 05-12-036, § 16-406-025, filed 5/25/05, effective 6/25/05
WSR 03-24-008, § 16-406-025, filed 11/20/03, effective 12/21/03. Statutory Authority: Chapter 15.17 RCW. WSR 99-17-003, § 16-406-025, filed 8/4/99, effective 9/4/99.

Wash. Admin. Code § 16-406-030 Marking and packing requirements.

(1) The following information must be clearly marked on each container:

(a) Variety;

(b) Grade;

(d) Count; or

(e) Net weight and minimum diameter.

(2) Open catch weight bags are not required to meet the container marking requirements.

(3) Packed culls for fresh market must be clearly marked with the word "CULLS" in large letters at least two inches high as well as meeting all other marking requirements contained in this section.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060, and chapter 34.05 RCW. WSR 15-13-039, § 16-406-030, filed 6/9/15, effective 7/10/15. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 05-12-036, § 16-406-030, filed 5/25/05, effective 6/25/05. Statutory Authority: Chapter 15.17 RCW. WSR 99-17-003, § 16-406-030, filed 8/4/99, effective 9/4/99
Order 1015, Regulation C, filed 4/29/66
Order 771, effective 4/28/58.

Chapter 16-409 Washington standards for asparagus.

Wash. Admin. Code § 16-409-005 Must all Washington fresh asparagus comply with Washington state standards?

The following table explains which Washington fresh asparagus is exempt from some of the requirements of this chapter:

| If an individual shipment of fresh Washington asparagus: | Then the shipment is exempt from the requirements in: | | | | --- | --- | --- | --- | | (1) | Consists of asparagus for home use and not for resale; and | • | WAC 16-409-020 through 16-409-060; | | (2) | Does not exceed two hundred fifty pounds net weight. | • | WAC 16-409-065 (2), (3), (4), (5), and (7); and | | | | • | WAC 16-409-070. |

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 05-10-092, § 16-409-005, filed 5/4/05, effective 6/4/05.

Wash. Admin. Code § 16-409-015 What definitions are important to this chapter?

The following definitions are important to this chapter:

"Badly misshapen" means the stalk is so badly flattened, crooked or otherwise so badly deformed that its appearance is seriously affected.

"Clean" means the asparagus is free from excessive dirt, dust, residue or foreign matter.

"Damage" means any defect or combination of defects that materially detract from the appearance, edible quality or marketing quality of the stalk.

"Department" means the Washington state department of agriculture (WSDA).

"Diameter" means the greatest thickness of the stalk measured at a point approximately one inch from the butt.

"Director" means the director of the Washington state department of agriculture or the director's designee.

"Fairly uniform in length" means the stalks within a container must not vary in length more than one and one-half inches.

"Fairly well trimmed" means that:

(1) At least one-third of the butt of the stalk is smoothly trimmed in a plane approximately parallel to the bottom of the container; and

(2) The butt is not badly stringy or frayed.

"Field container" means an open lug made of wood, plastic, or similar material that is repetitively used for field harvesting.

"Fresh" means that the stalk is not limp or flabby.

"Fresh asparagus" means asparagus marketed by lot for fresh consumption.

"Green" means the portion of the stalk having green, purplish-green or greenish-purple color with purple at the tip.

"Lot" means any number of containers of fresh asparagus offered as a unit for inspection, sale, or shipment.

"Serious damage" means any defect or combination of defects that seriously detract from the appearance, edible quality or marketing quality of the stalk.

"Shipment" means any number of containers of fresh asparagus transported from the production area by a single conveyance.

"Well trimmed" means that:

(1) At least two-thirds of the butt of the stalk is smoothly trimmed in a plane approximately parallel to the bottom of the container; and

(2) The butt is not stringy or frayed.

"White" means the portion of the stalk near the butt that is white or light purple over white in color. The white is measured from the extreme tip of the butt to the point where the green color begins.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 05-10-092, § 16-409-015, filed 5/4/05, effective 6/4/05. Statutory Authority: Chapter 15.17 RCW. WSR 85-07-028 (Order 1848), § 16-409-015, filed 3/15/85
WSR 83-06-049 (Order 1787), § 16-409-015, filed 3/1/83.

Wash. Admin. Code § 16-409-020 Standards that apply to all asparagus marketed within Washington state.

Any lot of fresh asparagus, including "culls," marketed within Washington state must have no more than ten percent of the stalks that have white in excess of two inches.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-06-047, § 16-409-020, filed 3/1/07, effective 4/1/07
WSR 05-10-092, § 16-409-020, filed 5/4/05, effective 6/4/05. Statutory Authority: Chapter 15.17 RCW. WSR 97-05-054 (Order 6015), § 16-409-020, filed 2/19/97, effective 3/22/97
WSR 97-01-081 (Order 6008), § 16-409-020, filed 12/17/96, effective 1/17/97
WSR 85-07-028 (Order 1848), § 16-409-020, filed 3/15/85
WSR 83-06-049 (Order 1787), § 16-409-020, filed 3/1/83
Order 795, Regulation 2(1), (2), effective 2/16/60.

Wash. Admin. Code § 16-409-022 Asparagus grades.

(1) The following table identifies and describes the asparagus grades used in Washington state:

| Washington Asparagus Grades: | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Stalk Characteristics: | "Extra Fancy Grade Asparagus" | "Extra Fancy Grade Asparagus Tips" | "Fancy Grade Asparagus" | "Consumer Pack Asparagus" | "Culls" | | | Stalks must be: | | | | | | | | (a) | Clean; | Yes | Yes | Yes | Yes | No | | (b) | Fresh; | Yes | Yes | Yes | Yes | No | | (c) | Fairly uniform in length; | Yes | Yes | Yes | Yes | No | | (d) | Well trimmed; | Yes | Yes | No | No | No | | (e) | Fairly well trimmed; | No | No | Yes | Yes | No | | (f) | Fairly straight; | Yes | Yes | No | Yes | No | | (g) | Not wilted; | Yes | Yes | Yes | Yes | No | | (h) | Not badly misshapen; | No | No | Yes | No | No | | (i) | Free from decay; | Yes | Yes | Yes | Yes | No | | (j) | Free from damage caused by spreading or broken tips, dirt, disease, insects, or mechanical or other means; | Yes | Yes | See subsection (3) of this section | Yes | No | | (k) | At least eighty-five percent green in color; | Yes | No | Yes | Yes | No | | (l) | All green. | No | Yes | No | No | No |

(2) "Culls" describes asparagus that:

(a) Is not graded in conformity with Washington extra fancy, Washington extra fancy tips, Washington fancy, Washington consumer pack, or U.S. No. 1, or U.S. No. 2; and

(b) Must not be marketed if more than ten percent by count of the stalks show white in excess of two inches.

(3) "Fancy grade asparagus" is free from serious damage caused by spreading or broken tips, dirt, disease, insects or mechanical or other means.

History

Statutory Authority: RCW 15.17.030, 15.17.050, and chapter 34.05 RCW. WSR 15-12-015, § 16-409-022, filed 5/21/15, effective 6/21/15. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-06-047, § 16-409-022, filed 3/1/07, effective 4/1/07
WSR 05-10-092, § 16-409-022, filed 5/4/05, effective 6/4/05.

Wash. Admin. Code § 16-409-024 Size requirements for Washington asparagus grades.

The following size designations apply to all grades of asparagus in Washington state.

(1) Jumbo: Stalks at least 13/16 inch in diameter.

(2) Extra large: Stalks at least 10/16 inch in diameter.

(3) Large: Stalks at least 7/16 inch in diameter.

(4) Standard: Stalks at least 5/16 inch in diameter.

(5) Small: Stalks at least 3/16 inch in diameter.

(6) All size designations, as defined in WAC 16-409-024, may be packed in all grades and in all containers.

History

Statutory Authority: RCW 15.17.050 and chapter 34.05 RCW. WSR 08-04-108, § 16-409-024, filed 2/6/08, effective 3/8/08. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-06-047, § 16-409-024, filed 3/1/07, effective 4/1/07
WSR 05-10-092, § 16-409-024, filed 5/4/05, effective 6/4/05.

Wash. Admin. Code § 16-409-026 Adoption of U.S. standards for fresh asparagus as Washington state standards.

(1) In addition to the Washington state fresh asparagus standards contained in this chapter, the Washington state department of agriculture has adopted, as Washington state standards, modified United States fresh asparagus standards for U.S. grades No. 1 and No. 2 as specified under the United States Department of Agriculture, Agricultural Marketing Service, United States Standards for Grades of Fresh Asparagus, Secs. 51.3720 to 51.3732; effective February 23, 2006.

(2) The department's modifications to the U.S. standards are as follows:

(a) U.S. No. 1 must meet or exceed Washington extra fancy grade requirements.

(b) U.S. No. 2 must meet or exceed Washington fancy grade requirements.

History

Statutory Authority: RCW 15.17.030, 15.17.050, and chapter 34.05 RCW. WSR 15-12-015, § 16-409-026, filed 5/21/15, effective 6/21/15. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-06-047, § 16-409-026, filed 3/1/07, effective 4/1/07
WSR 05-10-092, § 16-409-026, filed 5/4/05, effective 6/4/05.

Wash. Admin. Code § 16-409-030 Tolerances.

The following table identifies and explains the tolerances adopted for Washington asparagus:

| Washington Asparagus Grades to Which Tolerances Apply | Defect, color and trim tolerances adopted for Washington asparagus | Diameter and length tolerances adopted for Washington asparagus | | | | --- | --- | --- | --- | --- | | Washington extra fancy Washington extra fancy tips Washington fancy Washington consumer pack | To allow for variations incident to proper grading and handling, the following tolerances are adopted: | To allow for variations in diameter and length incident to proper sizing, the following tolerances are adopted: | | | | | (1) | Ten percent, by count, for stalks failing to meet grade requirements other than for trim and color, including no more than one percent for decayed stalks. | (1) | Ten percent, by count, for stalks failing to meet the required minimum and maximum diameter defined in WAC 16-409-015 ("fairly uniform in length"). | | | (2) | An additional ten percent, by count, for stalks having less than the required amount of green color. | (2) | Ten percent, by count, for stalks failing to meet the required length as established in WAC 16-409-022. | | | (3) | An additional ten percent, by count, for stalks not meeting trim requirements. | | |

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-06-047, § 16-409-030, filed 3/1/07, effective 4/1/07
WSR 05-10-092, § 16-409-030, filed 5/4/05, effective 6/4/05. Statutory Authority: Chapter 15.17 RCW. WSR 97-01-081 (Order 6008), § 16-409-030, filed 12/17/96, effective 1/17/97
WSR 85-07-028 (Order 1848), § 16-409-030, filed 3/15/85
WSR 83-06-049 (Order 1787), § 16-409-030, filed 3/1/83
Order 795, Regulation 2(3), (4), effective 2/16/60.

Wash. Admin. Code § 16-409-035 Application of asparagus tolerances during an inspection.

(1) If the averages for an entire lot are within the tolerances specified in WAC 16-409-030, the limitations in this section, based upon sample inspections, apply to the contents of individual containers in the lot.

(2) Individual containers:

(a) May contain one decayed or otherwise defective stalk, one poorly trimmed stalk, one poorly colored, and one off-size stalk.

(b) Must have no more than one and one-half times the tolerance specified when a tolerance is ten percent or more.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-06-047, § 16-409-035, filed 3/1/07, effective 4/1/07
WSR 05-10-092, § 16-409-035, filed 5/4/05, effective 6/4/05. Statutory Authority: Chapter 15.17 RCW. WSR 85-07-028 (Order 1848), § 16-409-035, filed 3/15/85
WSR 83-06-049 (Order 1787), § 16-409-035, filed 3/1/83.

Wash. Admin. Code § 16-409-065 Container requirements.

(1) All fresh asparagus must be marketed in containers that are clean and free from dirt, trash, and visible contaminates.

(2) All fresh asparagus must not be marketed in field containers.

(3) For testing or trial marketing purposes, the director may allow the use of any experimental container.

(4) Culls must be marketed in wooden pyramid containers with moisture pads.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-06-047, § 16-409-065, filed 3/1/07, effective 4/1/07
WSR 05-10-092, § 16-409-065, filed 5/4/05, effective 6/4/05. Statutory Authority: Chapter 15.17 RCW. WSR 97-01-081 (Order 6008), § 16-409-065, filed 12/17/96, effective 1/17/97
WSR 85-07-028 (Order 1848), § 16-409-065, filed 3/15/85
WSR 83-06-049 (Order 1787), § 16-409-065, filed 3/1/83.

Wash. Admin. Code § 16-409-070 Container marking requirements.

(1) All required markings must be placed on one end of the container, but may be duplicated on the opposite end.

(2) Containers must be conspicuously and legibly marked with the:

(a) Name and address of the grower, packer, or distributor;

(b) Grade;

(d) Size designation or diameter size as defined in WAC 16-409-024.

(3) The grade and size designation required in subsection (2) of this section must be marked in letters at least 3/8 inch in height.

(4) The following abbreviations of grade and size designation are acceptable:

(a) Washington as Wash. or WA.

(b) Extra fancy as ex fcy or extra fcy.

(d) Jumbo as jbo.

(e) Extra large as ex lge.

(f) Large as lge.

(g) Standard as std.

(h) Small as sm.

(5) The use of U.S. No. 1 or U.S. No. 2 grade markings is permissible subject to the requirements in WAC 16-409-026.

(6) If culls are marketed:

The word "culls" must be:

(a) Conspicuously and legibly marked in letters at least one inch in height; and

(b) Predominant in size over any other markings on the container.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-06-047, § 16-409-070, filed 3/1/07, effective 4/1/07
WSR 05-10-092, § 16-409-070, filed 5/4/05, effective 6/4/05. Statutory Authority: Chapter 15.17 RCW. WSR 97-01-081 (Order 6008), § 16-409-070, filed 12/17/96, effective 1/17/97
WSR 85-07-028 (Order 1848), § 16-409-070, filed 3/15/85
WSR 83-06-049 (Order 1787), § 16-409-070, filed 3/1/83
Order 795, Regulation 3, effective 2/16/60.

Chapter 16-414 Washington standards for cherries.

Wash. Admin. Code § 16-414-005 Definitions.

"Clean" means cherries are practically free from dirt, dust, spray residue, or other foreign material. For example, clean means the product is practically free from leaves, fruit spurs, bark, twigs, dirt or foreign material.

"Condition defects" means defects that may develop or change during shipment or storage. Condition defects include, but are not limited to, decayed or soft cherries and such other factors as pitting, shriveling, sunken areas, brown discoloration and bruising that, because of its location appears to have occurred after packing.

"Damage" means any injury or specific defect described in WAC 16-414-045 or any equally objectionable variation of those defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible quality or marketing quality of the fruit.

"Department" means the Washington state department of agriculture (WSDA).

"Diameter" means the greatest dimension measured at right angles to a line from the stem to the blossom end of the cherry.

"Director" means the director of the Washington state department of agriculture or the director’s designee.

"Face packed" means the cherries in the top layer of any container are placed so the stem ends are pointing downward toward the bottom of the container.

"Fairly well colored" means that at least ninety-five percent of the surface of the cherry shows characteristic color for mature cherries of the variety.

"Firm" means the cherries:

(1) Possess a firm, fleshy texture;

(2) Retain their approximate original shape;

(3) Are not shriveled; and

(4) Do not show more than slight collapsed areas of flesh.

"Mature" means cherries have reached the stage of growth that will insure the proper completion of the ripening process. Rainier cherries or other varieties of "light colored sweet cherries" shall meet a minimum of seventeen percent soluble solids as determined from a composite sample by refractometer prior to packing, at time of packing, or at time of shipment; provided that individual lots shall not be combined with other lots to meet soluble solids requirements.

"Permanent defects" means defects that are not subject to change during shipping or storage. Permanent defects include, but are not limited to, factors of shape, scarring, skin breaks, injury caused by hail or insects, and mechanical injury that, because of its location, appears to have occurred before shipment.

"Off-size" means a cherry whose diameter fails to meet a designated size when measured at right angles to a line from its stem to its blossom end.

"Serious damage" means any specific defect described in WAC 16-414-065 or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects that seriously detracts from the appearance, edible quality or marketing quality of cherries.

"Shipping point" means:

(1) The point of origin of the shipment in the producing area or at the port of loading; or

(2) The port of entry into the United States in the case of shipments from outside the continental United States.

"Similar varietal characteristics" means the cherries in any container are similar in color and shape.

"Well formed" means a cherry has the normal shape characteristic of the variety. Mature well-developed doubles are considered well formed if the halves are approximately evenly formed with a variation of no more than 2/64 of an inch.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-076, § 16-414-005, filed 6/5/07, effective 7/6/07
WSR 06-12-116, § 16-414-005, filed 6/7/06, effective 7/8/06
WSR 05-12-037, § 16-414-005, filed 5/25/05, effective 6/25/05.

Wash. Admin. Code § 16-414-010 Washington No. 1 grade and Northwest No. 1 grade sweet cherry requirements.

(1) Washington No. 1 grade and Northwest No. 1 grade sweet cherries are cherries with similar varietal characteristics that are:

(a) Mature;

(b) Not soft, overripe or shriveled;

(d) Well formed;

(e) Clean;

(f) Free from underdeveloped doubles, decay, or sunscald;

(g) Free from insect larvae or insect holes; and

(h) Free from damage by any other cause.

(2) Northwest No. 1 grade sweet cherries must meet the size requirements listed in WAC 16-414-011.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-076, § 16-414-010, filed 6/5/07, effective 7/6/07
WSR 05-12-037, § 16-414-010, filed 5/25/05, effective 6/25/05. Statutory Authority: Chapter 15.17 RCW. WSR 95-13-038, § 16-414-010, filed 6/14/95, effective 7/15/95
WSR 78-04-060 (Order 1550), § 16-414-010, filed 3/31/78.

Wash. Admin. Code § 16-414-011 Size requirements—Sweet cherries.

(1) The minimum diameter of each cherry must be at least 54/64 inch.

(2) The maximum diameter of the cherries in any lot may be specified according to the facts.

(3) For the Rainier variety and similar varieties commonly referred to as "light colored sweet cherries," at least ninety percent, by count, of the cherries in any lot shall measure not less than 61/64 inch in diameter and not more than five percent, by count, may be less than 57/64 inch in diameter.

(4) When containers of cherries are marked with a row count/row size designation, the row count/row size marked must comply with the corresponding minimum diameter size as shown in the following table:

| Row count/Row size | Minimum diameter in inches | | | --- | --- | --- | | | 8 | 84/64 | | | 8 1/2 | 79/64 | | | 9 | 75/64 | | | 9 1/2 | 71/64 | | | 10 | 67/64 | | | 10 1/2 | 64/64 | | | 11 | 61/64 | | | 11 1/2 | 57/64 | | | 12 | 54/64 |

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-076, § 16-414-011, filed 6/5/07, effective 7/6/07
WSR 06-12-116, § 16-414-011, filed 6/7/06, effective 7/8/06
WSR 05-12-037, § 16-414-011, filed 5/25/05, effective 6/25/05.

Wash. Admin. Code § 16-414-012 Tolerances for Washington No. 1 and Northwest No. 1 grade sweet cherries.

(1) Washington No. 1:

(a) To allow for variations incident to proper grading and handling at the shipping point, the following tolerances, by count, are established:

(i) Eight percent of cherries that fail to meet the requirements of the grade are allowed.

(ii) Of the total tolerance of eight percent, no more than four percent is allowed for defects causing serious damage.

(iii) Of the four percent tolerance for serious damage defects, no more than one-half of one percent is allowed for cherries affected by decay.

(b) To allow for variations incident to proper grading and handling en route or at destination, the following tolerances, by count, are established:

(i) Twenty-four percent of cherries in any lot may fail to meet the requirements of the grade.

(ii) Of the total tolerance of twenty-four percent, no more than eight percent is allowed for cherries that fail to meet the grade requirements because of permanent defects.

(iii) Of the total tolerance of twenty-four percent, no more than six percent is allowed for cherries that are seriously damaged, including no more than four percent of cherries seriously damaged by permanent defects and two percent for cherries affected by decay.

(2) Northwest No. 1:

(a) To allow for variations incident to proper grading and handling at the shipping point, the following tolerances are established:

(i) Ten percent of cherries in any inspection lot that fail to meet the requirements of the grade are allowed.

(ii) Of the total tolerance of ten percent, no more than five percent is allowed for defects causing serious damage.

(iii) Of the five percent tolerance for serious damage defects, no more than one percent is allowed for cherries affected by decay.

(iv) The contents of individual samples or containers in any lot must not be limited to the percentage of grade defects discussed in WAC 16-414-020.

(b) To allow for variations incident to proper grading and handling en route or at destination, the following tolerances, by count, are established:

(i) Twenty-four percent of cherries in any lot may fail to meet the requirements of the grade.

(ii) Of the total tolerance of twenty-four percent, no more than ten percent, by count, is allowed for cherries that fail to meet the grade requirements because of permanent defects.

(iii) Of the total tolerance of twenty-four percent, no more than seven percent, by count, is allowed for cherries that are seriously damaged, including no more than five percent for cherries seriously damaged by permanent defects and two percent for cherries affected by decay.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-076, § 16-414-012, filed 6/5/07, effective 7/6/07
WSR 05-12-037, § 16-414-012, filed 5/25/05, effective 6/25/05.

Wash. Admin. Code § 16-414-014 Tolerances for "off-size" sweet cherries.

To allow for variations in size incident to proper grading and handling, the following tolerances, by count, are established for off-size grade sweet cherries:

(1) No more than ten percent of the cherries in any inspection lot must measure less than 54/64 inches in diameter.

(2) Ten percent for cherries that fail to meet any specified maximum diameter when that maximum diameter is marked on the container or specified in terms of fractions of inches.

(3) When containers are marked with row count/row size or a lot is specified by row count/row size, no more than ten percent of the cherries in any inspection lot may fail to meet the corresponding diameter size listed in the table in WAC 16-414-011(3).

(4) When containers are marked with a "minimum diameter," no more than five percent of the cherries in the container may fail to meet the corresponding diameter.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-076, § 16-414-014, filed 6/5/07, effective 7/6/07
WSR 05-12-037, § 16-414-014, filed 5/25/05, effective 6/25/05.

Wash. Admin. Code § 16-414-016 Washington state adopts the U.S. standards for grades of sweet cherries.

In addition to the standards for sweet cherries contained in this chapter, the Washington state department of agriculture adopts the United States standards for grades of sweet cherries (effective May 7, 1971) as they apply to U.S. No. 1 grade cherries, except the minimum size of cherries and tolerances for undersize cherries must meet the requirements for Washington No. 1 grade.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-076, § 16-414-016, filed 6/5/07, effective 7/6/07
WSR 05-12-037, § 16-414-016, filed 5/25/05, effective 6/25/05.

Wash. Admin. Code § 16-414-020 Washington No. 1 and Northwest No. 1 grade sweet cherries—Individual sample tolerances.

Tolerances are applied to Washington No. 1 and Northwest No. 1 sweet cherries as follows:

(1) Individual samples must have no more than double the tolerances specified. However, if the averages for the entire lot are within the tolerances specified for the grade, at least two defective and two off-size specimens may be allowed in any sample.

(2) When containers are marked with row count/row size or when a lot is specified by row count/row size, the individual samples or containers must not be limited by the percentage of cherries that are smaller than the diameter corresponding to the particular row count/row size. However, no more than twenty percent, by count, of the cherries in any sample or container must measure less than 54/64 inches in diameter.

(3) When marked with minimum size, individual samples may have no more than double the tolerances specified.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-076, § 16-414-020, filed 6/5/07, effective 7/6/07
WSR 05-12-037, § 16-414-020, filed 5/25/05, effective 6/25/05. Statutory Authority: Chapter 15.17 RCW. WSR 95-13-038, § 16-414-020, filed 6/14/95, effective 7/15/95
WSR 78-04-060 (Order 1550), § 16-414-020, filed 3/31/78.

Wash. Admin. Code § 16-414-045 Damage to fresh, sweet cherries—Specific defects.

The following defects are considered damage to fresh, sweet cherries:

(1) Cracks within the stem cavity when they are deep or not well healed, or when the cherry's appearance is affected to a greater extent than a cherry that has a superficial well healed crack 1/16 inch in width and extending one-half the greatest circumference of the stem cavity.

(2) Cracks outside the stem cavity when they are deep or not well healed, or when they materially affect the cherry's appearance, or when the crack has weakened the cherry to the extent that it is likely to split or break in the process of proper grading, packing and handling.

(3) Hail marks when they are deep or not well healed, or when the aggregate area exceeds 3/16 inch in diameter.

(4) Evidence of insects when scale is present, or when any insect materially affects the cherry's appearance.

(5) Limb rubs when they affect the cherry's appearance more than the amount of scarring that is allowed.

(6) Pulled stems when the skin or flesh is slightly torn.

(7) Russeting when it affects the cherry's appearance more than the amount of scarring that is allowed.

(8) Blemishes including bird pecks, sunburn, other blemishes or combinations of blemishes that materially affect the appearance of the cherry, or any materially discolored flesh.

(9) Scars when excessively deep or rough or dark colored and when the aggregate area exceeds 3/16 inch in diameter, or when smooth or fairly smooth, light colored, superficial, and the aggregate area exceeds 1/4 inch in diameter.

(10) Skin breaks when they are not well healed, or when the cherry's appearance is materially affected.

(11) Sutures when they are excessively deep or cause the cherry's shape to be less than well formed.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-076, § 16-414-045, filed 6/5/07, effective 7/6/07
WSR 05-12-037, § 16-414-045, filed 5/25/05, effective 6/25/05.

Wash. Admin. Code § 16-414-065 Serious damage to fresh, sweet cherries—Specific defects.

The following defects are considered serious damage to fresh, sweet cherries:

(1) Cracks when they are not well healed;

(2) Insect larvae or insect holes;

(3) Pulled stems if they cause more than a slight tear in the cherry skin or flesh, or when they cause the cherry to leak;

(4) Skin breaks when they are not well healed; and

(5) Decay.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-076, § 16-414-065, filed 6/5/07, effective 7/6/07
WSR 05-12-037, § 16-414-065, filed 5/25/05, effective 6/25/05.

Wash. Admin. Code § 16-414-090 Sweet cherry container marking requirements.

(1) Containers must be conspicuously and legibly stamped with the:

(a) Name and the address of the grower, packer or shipper;

(b) Net weight; and

(2) The containers may be marked with the grade name Washington No. 1, U.S. No. 1, or Northwest No. 1.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-076, § 16-414-090, filed 6/5/07, effective 7/6/07
WSR 05-12-037, § 16-414-090, filed 5/25/05, effective 6/25/05. Statutory Authority: Chapter 15.17 RCW. WSR 95-13-038, § 16-414-090, filed 6/14/95, effective 7/15/95
WSR 78-04-060 (Order 1550), § 16-414-090, filed 3/31/78.

Wash. Admin. Code § 16-414-105 Definitions—Sulphured cherries.

"Damage" means any injury or specific defect described in WAC 16-414-145 or any equally objectionable variation of those defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible quality or marketing quality of the fruit.

"Fairly well bleached" means the cherries possess a reasonably uniform color typical of reasonably well bleached sulphured cherries for that variety.

"Pit" means an entire pit or portion of a pit that is attached to a sulphured cherry or located within the pit cavity.

"Properly matured" means that stage of ripeness when a cherry is ready for brining.

"Serious damage" means any injury that seriously affects the appearance or market quality of the product.

"Sulphured cherries" means properly matured whole cherries of similar varietal characteristics packed in a solution of sulphur dioxide of sufficient strength to preserve the cherries without adding hardening agents.

"Sulphured cherries with pits" means whole cherries, with or without stems, from which the pits have not been removed. If:

(1) Without stems, not more than twenty percent, by weight, of all the cherries may have the stems removed.

(2) With stems, not more than one-half of one percent, by weight, of all the cherries may have the stems attached.

"Sulphured cherries without pits" means whole cherries with or without stems from which the pits have been removed. If:

(1) Without stems (cocktail), not more than seven percent, by weight, of all the cherries may have the stems removed.

(2) With stems, not more than one-half of one percent, by weight, of all the cherries may have the stems attached.

"Unclassified cherries" means sulphured cherries that do not conform to the descriptions of "sulphured cherries with pits" or sulphured cherries without pits.

"Well bleached" means the cherries possess a practically uniform color that is typical of well bleached sulphured cherries for that variety.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-076, § 16-414-105, filed 6/5/07, effective 7/6/07
WSR 05-12-037, § 16-414-105, filed 5/25/05, effective 6/25/05.

Wash. Admin. Code § 16-414-107 Washington state grades for sulphured cherries.

(1) Washington No. 1 grade sulphured whole cherries are cherries of similar varietal characteristics that are:

(a) Properly matured;

(b) Clean;

(d) Well formed;

(e) Well bleached; and

(f) Free from damage caused by mechanical injury, surface discoloration, rain cracks, blemishes, or other means.

(2) Washington No. 1 grade sulphured halved cherries are portions of sliced cherries of similar varietal characteristics where no particle is smaller than an estimated one-third or larger than an estimated two-thirds of a whole cherry and are:

(a) Properly matured;

(b) Clean;

(d) Well formed;

(e) Well bleached; and

(f) Free from damage caused by mechanical injury, surface discoloration, rain cracks, blemishes, or other means.

(3) Washington No. 2 grade sulphured whole cherries are cherries of similar varietal characteristics that are:

(a) Properly matured;

(b) Clean;

(d) Well formed;

(e) Fairly well bleached; and

(f) Free from serious damage caused by mechanical injury, surface discoloration, rain cracks, blemishes, or other means.

(4) Washington No. 2 grade sulphured halved cherries are portions of sliced cherries of similar varietal characteristics that are:

(a) Properly matured;

(b) Fairly firm;

(d) Fairly well bleached; and

(e) Free from serious damage caused by mechanical injury, surface discoloration, rain cracks, blemishes, or other means.

(5) Washington combination grade sulphured cherries are a combination of Washington No. 1 and Washington No. 2 cherries of any style that are, unless otherwise specified, packed in a lot that averages at least fifty percent Washington No. 1 quality cherries.

(6) Washington No. 3 grade sulphured cherries are cherries that fail to meet the requirements of the above grades and are practically free of stems, leaves, fruit spurs, bark, dirt, or foreign material.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-076, § 16-414-107, filed 6/5/07, effective 7/6/07
WSR 05-12-037, § 16-414-107, filed 5/25/05, effective 6/25/05.

Wash. Admin. Code § 16-414-108 Tolerances for Washington sulphured cherries.

(1) Washington No. 1 grade sulphured whole cherries:

(a) At least ninety-five percent of the cherries in any lot must meet the requirements of "firm."

(b) Not more than ten percent of the cherries in any lot may be below the remaining requirements of this grade, of which not more than one-half or five percent must be allowed for defects classified as serious damage.

(2) Washington No. 1 grade sulphured halved cherries:

(a) At least ninety-five percent of the cherries of any lot must meet the requirements of "firm."

(3) Washington No. 2 grade sulphured whole cherries:

(a) At least ninety-five percent of the cherries of any lot must meet the requirements of "fairly firm."

(b) Not more than ten percent of the cherries in any lot may be below the remaining requirements of this grade.

(4) Washington No. 2 grade sulphured halved cherries:

(a) At least ninety percent of the cherries in any lot must meet the requirements of "fairly firm."

(b) Not more than ten percent of the cherries of any lot may be below the remaining requirements of this grade.

(5) Washington combination grade sulphured cherries:

(a) A tolerance of not more than ten percent is allowed for cherries that are below the requirements of Washington No. 2 grade.

(b) The tolerances for combination grade sulphured cherries are on a container basis. However, individual containers in any lot may vary from the specified tolerances if the averages for the entire lot, based on sample inspections, are within the specified tolerances.

(c) For the entire lot, no part of any tolerance must reduce the requirement that fifty percent of cherries in the combination must be of the higher grade. However, individual containers may have at least thirty-five percent of the higher grade or be more than twenty percent below the requirements of Washington No. 2 grade.

(d) When other combinations are specified, individual containers may not have more than fifteen percent less than the percentage specified of the higher grade or be more than twenty percent below the requirements of Washington No. 2 grade.

(6) Washington No. 3 grade sulphured cherries: There are no applicable tolerances for Washington No. 3 grade sulphured cherries.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-076, § 16-414-108, filed 6/5/07, effective 7/6/07
WSR 05-12-037, § 16-414-108, filed 5/25/05, effective 6/25/05.

Wash. Admin. Code § 16-414-110 Size requirements for all grades of Washington sulphured whole cherries.

(1) The following table lists the standard sizes for all grades of Washington whole sulphured cherries.

| size designation | size range | | --- | --- | | Extra small | 14 mm to and including 16 mm | | Small | 16 mm to and including 18 mm | | Medium | 18 mm to and including 20 mm | | Large | 20 mm to and including 22 mm | | Extra large | 22 mm and over |

(2) The following tolerances are allowed:

(a) Five percent for cherries that fail to meet the specified minimum diameter; and

(b) Ten percent for cherries that fail to meet the specified maximum diameter.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-076, § 16-414-110, filed 6/5/07, effective 7/6/07
WSR 05-12-037, § 16-414-110, filed 5/25/05, effective 6/25/05. Statutory Authority: Chapter 15.17 RCW. WSR 80-08-010 (Order 1708), § 16-414-110, filed 6/20/80.

Wash. Admin. Code § 16-414-120 Tolerance requirements for the certification of lots of Washington No. 1 and Washington No. 2 grade sulphured cherries.

(1) Tolerances for the certification of lots of Washington No. 1 or Washington No. 2 grades of sulphured cherries must be on a container basis.

(2) At least one-sixth of the individual containers in any lot may vary from the specified tolerances if the averages for the entire lot, based on sample inspection, are within the specified tolerances.

(3) For a tolerance of ten percent or more, individual containers in any lot may contain no more than one and one-half times the specified tolerance.

(4) For a tolerance of less than ten percent, individual containers in any lot may contain no more than double the specified tolerances.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-076, § 16-414-120, filed 6/5/07, effective 7/6/07
WSR 05-12-037, § 16-414-120, filed 5/25/05, effective 6/25/05. Statutory Authority: Chapter 15.17 RCW. WSR 80-08-010 (Order 1708), § 16-414-120, filed 6/20/80.

Wash. Admin. Code § 16-414-125 Tolerances for sulphured pitted cherries.

The following tolerances apply to sulphured pitted cherries:

(1) For extra small and small sized cherries, the tolerance is no more than two pits per each forty ounces of cherries.

(2) For medium, large, or mixed size cherries, the tolerance is no more than one pit per each forty ounces of cherries.

(3) For extra large size cherries, the tolerance is no more than one pit per each sixty ounces of cherries.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-076, § 16-414-125, filed 6/5/07, effective 7/6/07
WSR 05-12-037, § 16-414-125, filed 5/25/05, effective 6/25/05.

Wash. Admin. Code § 16-414-145 Damage to sulphured cherries—Specific defects.

The following defects are considered damage for sulphured cherries:

(1) Mechanical injury. Any of the following mechanical injuries are considered damage:

(a) Open pitter hole;

(b) Pitter hole where there is a material loss of flesh;

(d) Other mechanical injuries that materially affect the appearance of the cherry.

(2) Surface discoloration of Washington No. 1 whole cherries when:

(a) Light surface discoloration exceeds, in the aggregate, one-eighth of the cherry's surface; or

(b) Dark surface discoloration exceeds, in the aggregate, an area 3/16 inch in diameter, but does not exceed one-eighth of the cherry's surface.

(3) Surface discoloration of Washington No. 1 halved cherries when:

(a) Light surface discoloration exceeds, in the aggregate, one-eighth of the cherry's surface; or

(b) Dark surface discoloration exceeds, in the aggregate, an area 1/16 inch in diameter.

(4) Rain cracks on Washington No. 1 whole cherries if they are in the stem basin and more than 1/4 inch in length, or if they are outside the stem basin and are more than 3/16 inch in length, measured on the circumference.

(5) Rain cracks on Washington No. 1 halved cherries if they are in the stem basin and more than 1/8 inch in length. No rain cracks are allowed outside the stem basin.

(6) Blemishes including insect injury, bird pecks, limb rub, hail marks, sunburn, solution cracks, other blemishes or combinations of blemishes that materially affect the appearance of the cherry, or any materially discolored flesh.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-076, § 16-414-145, filed 6/5/07, effective 7/6/07
WSR 05-12-037, § 16-414-145, filed 5/25/05, effective 6/25/05.

Wash. Admin. Code § 16-414-155 Serious damage to sulphured cherries—Specific defects.

The following defects are considered serious damage for sulphured cherries:

(1) Any deformed or double sulphured cherry.

(2) Mechanical injury to Washington No. 2 whole and No. 2 halved cherries if it causes:

(a) Open pitter holes;

(b) Pitter hole with a serious loss of flesh;

(d) Other mechanical injury that seriously affects the cherry's appearance.

(3) Surface discoloration when:

(a) Light surface discoloration exceeds, in the aggregate, one-half of the cherry's surface; or

(b) Dark surface discoloration exceeds, in the aggregate, one-eighth of the cherry's surface.

(4) Rain cracks on Washington No. 2 whole cherries if they are in the stem basin and more than 1/2 inch in length, or are outside the stem basin and more than 3/8 inch in length, measured on the circumference.

(5) Rain cracks on Washington No. 2 halved cherries if they are in the stem basin and more than 1/4 inch in length, or are outside the stem basin and more than 3/16 inch in length, measured on the circumference.

(6) Blemishes when they affect the appearance of the cherry or discolor the cherry's flesh.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-076, § 16-414-155, filed 6/5/07, effective 7/6/07
WSR 05-20-075, § 16-414-155, filed 10/4/05, effective 11/4/05
WSR 05-12-037, § 16-414-155, filed 5/25/05, effective 6/25/05.

Chapter 16-436 Washington standards for peaches.

Wash. Admin. Code § 16-436-060 Definitions.

The following definitions are important to this chapter, and where appropriate, apply to all Washington state commercial grades of peaches:

"At destination" means the final point of delivery by a commercial carrier or the wholesale or retail facility where the peaches are held.

"Damage" means any injury or defect that materially affects a peach's appearance, edible quality, or shipping quality.

"Department" means the Washington state department of agriculture.

"Diameter" means the greatest distance measured through the center of the peach at right angles to a line running from the stem to the blossom end.

"Director" means the director of the department or the director's designee.

"En route" means the peaches have left their original shipping point and are in transit or are being held in an intermediate storage facility before arriving at their final destination.

"Fairly well formed" means that the shape of the peach must be consistent with the characteristic shape of the variety and must not be so misshapen that the appearance is more than moderately affected.

"Loose or jumble pack" means the peaches are not placed in the container in cups, compartments, or trays.

"Mature" means a peach has reached a stage of growth that will ensure a proper completion of the ripening process.

"Not badly misshapen" means a peach may be more irregularly shaped than "fairly well formed" but must not be deformed as to seriously affect its utility or general appearance.

"Serious damage" means any injury or defect that seriously affects the appearance, edible quality, or shipping quality of the peach.

"Soft or overripe" means a peach has very little resistance to pressure. Such peaches are also called "dead ripe."

"Standard peach box" means a container with minimum inside dimensions of 4-1/4 to 6 inches by 11-1/2 to 16 inches.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-075, § 16-436-060, filed 6/5/07, effective 7/6/07.

Wash. Admin. Code § 16-436-080 Standards and grades of Washington grown peaches.

(1) The following grades apply to peaches grown in Washington state:

(a) Washington extra fancy;

(b) Washington fancy;

(d) Cull peaches.

(2) In addition to the standards contained in this chapter for Washington grown peaches, the department adopts the United States Standards for Grades of Peaches, effective May 21, 2004, for use by producers or shippers. Peaches must meet the Washington state standards contained in this chapter.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-075, § 16-436-080, filed 6/5/07, effective 7/6/07.

Wash. Admin. Code § 16-436-100 Washington extra fancy peaches.

(1) Washington extra fancy peaches consist of one variety that are:

(a) Mature, but not soft or overripe;

(b) Fairly well formed;

(d) Free from damage caused by bruises, dirt or other foreign material, bacterial spot, scab, scale, growth cracks, hail injury, leaf or limb rubs, russeting, split pits, stem pull, rough suture, and other diseases, insects or mechanical or other means.

(2) Washington extra fancy peaches must be at least 2-1/4 inches in diameter and must also meet the minimum size requirements of WAC 16-436-187.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-075, § 16-436-100, filed 6/5/07, effective 7/6/07. Statutory Authority: Chapter 15.17 RCW. WSR 92-11-076, § 16-436-100, filed 5/20/92, effective 6/20/92
WSR 88-11-048 (Order 1977), § 16-436-100, filed 5/16/88
Order 1203, § 16-436-100, filed 5/14/71, effective 6/14/71.

Wash. Admin. Code § 16-436-110 Washington fancy peaches.

(1) Washington fancy peaches consist of one variety that meet all Washington extra fancy requirements, except:

(a) Split pits no more than 3/8 inch in length are allowed; and

(b) Damage, but not serious damage, for rough suture is allowed.

(2) Washington fancy peaches must be at least 2-1/4 inches in diameter and must also meet the minimum size requirements of WAC 16-436-187.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-075, § 16-436-110, filed 6/5/07, effective 7/6/07. Statutory Authority: Chapter 15.17 RCW. WSR 92-11-076, § 16-436-110, filed 5/20/92, effective 6/20/92
WSR 88-11-048 (Order 1977), § 16-436-110, filed 5/16/88
Order 1212, § 16-436-110, filed 9/17/71, effective 10/18/71
Order 1203, § 16-436-110, filed 5/14/71, effective 6/14/71.

Wash. Admin. Code § 16-436-120 Washington combination extra fancy and fancy peaches.

(1) Washington combination peaches consists of extra fancy and fancy peaches packed together in the same container.

(2) Containers must be marked "Washington combination extra fancy and fancy" and must contain at least seventy-five percent Washington extra fancy peaches.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-075, § 16-436-120, filed 6/5/07, effective 7/6/07
Order 1203, § 16-436-120, filed 5/14/71, effective 6/14/71.

Wash. Admin. Code § 16-436-140 Cull peaches.

Cull peaches are peaches not graded in conformity with the foregoing grades described in this chapter.

(1) The words "cull peaches" must be marked clearly and legibly in at least 2-1/2 inch letters on the top and side of the container and on any container label.

(2) The container lid or labels must be marked in at least 1/2 inch letters with the:

(a) Name and address of the grower, shipper, or packer;

(b) Variety;

(d) Net weight.

(3) Peaches identified as culls must be packed in one-bushel baskets with lids and ring faced with the peaches in the ring representative of the size and quality of those in the container.

(4) Every bill of lading, invoice, memorandum, or other document referring to the peaches must identify the peaches as culls.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-075, § 16-436-140, filed 6/5/07, effective 7/6/07. Statutory Authority: Chapter 15.17 RCW. WSR 92-11-076, § 16-436-140, filed 5/20/92, effective 6/20/92
WSR 88-11-048 (Order 1977), § 16-436-140, filed 5/16/88
Order 1203, § 16-436-140, filed 5/14/71, effective 6/14/71.

Wash. Admin. Code § 16-436-160 Tolerances for Washington extra fancy and combination extra fancy and fancy peaches.

In order to allow for variations incident to proper grading, handling, and sizing the following tolerances, by count, apply to Washington extra fancy and Washington combination extra fancy and fancy peaches.

(1) Not more than ten percent of the peaches in any lot may fail to meet grade requirements.

(a) Not more than five percent is allowed for defects causing serious damage.

(b) Not more than one percent is allowed for decay at the shipping point.

(2) At the time of packing, an additional tolerance of not more than ten percent is allowed in any lot for damage, but not serious damage, by bruising.

(3) Not more than ten percent of the peaches in any lot may be below the specified minimum size.

(4) Not more than fifteen percent of the peaches in any lot may be above any specified maximum size.

(5) When applying these tolerances to combination grades, no part of any tolerance is allowed to reduce, for the lot as a whole, the seventy-five percent of peaches of the higher grade required in the combination. Individual containers must have at least sixty-five percent of the higher grade.

(6) En route or at destination, an additional tolerance of two percent is allowed for soft, overripe, or decayed peaches.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-075, § 16-436-160, filed 6/5/07, effective 7/6/07. Statutory Authority: Chapter 15.17 RCW. WSR 88-11-048 (Order 1977), § 16-436-160, filed 5/16/88
Order 1203, § 16-436-160, filed 5/14/71, effective 6/14/71.

Wash. Admin. Code § 16-436-165 Tolerances for Washington fancy peaches.

In order to allow for variations incident to proper grading, handling, and sizing, the following tolerances, by count, apply to Washington fancy peaches.

(1) Not more than twenty percent of the peaches in any lot may fail to meet the grade requirements.

(a) Not more than five percent is allowed for defects causing serious damage.

(b) Not more than one percent is allowed for decay.

(2) Not more than ten percent of the peaches in any lot may be below the specified minimum size.

(3) Not more than fifteen percent of the peaches in any lot may be above any specified maximum size.

(4) En route or at destination, an additional tolerance of two percent is allowed for soft, overripe, or decayed peaches.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-075, § 16-436-165, filed 6/5/07, effective 7/6/07. Statutory Authority: Chapter 15.17 RCW. WSR 88-11-048 (Order 1977), § 16-436-165, filed 5/16/88.

Wash. Admin. Code § 16-436-180 Application of tolerances to individual packages.

The contents of individual packages of peaches in a lot are subject to the following limitations as long as the average for the entire lot of peaches of a specific grade is within the tolerances specified for that grade.

(1) Packages containing more than ten pounds with a tolerance of ten percent or more must have no more than 1-1/2 times the tolerance specified.

(2) Packages containing more than ten pounds with a tolerance of less than ten percent must have no more than double the tolerance specified.

(3) Packages containing ten pounds or less are not restricted as to the percentage of defects and sizes. However, only one peach that is seriously damaged by insects or affected by decay may be in any package.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-075, § 16-436-180, filed 6/5/07, effective 7/6/07
Order 1203, § 16-436-180, filed 5/14/71, effective 6/14/71.

Wash. Admin. Code § 16-436-185 Requirements for Washington standard packs.

To allow for variations incident to proper packing, no more than ten percent of the packages in any lot may be out of compliance with the following requirements. These requirements apply to all grades except culls.

(1) Each package must be packed so that the peaches in the shown face are reasonably representative in size, color, and quality of the contents in the package.

(2) Peaches packed in U.S. Standard bushel baskets or half-bushel baskets with lids must be ring faced and tightly packed with sufficient bulge to prevent any appreciable movement of the peaches within the packages.

(3) Peaches packed in standard western boxes must comply with the following:

(a) The peaches must be reasonably uniform in size and arranged in packages, such as tray packed, place packed, or jumble filled, according to the approved and recognized methods.

(b) When wrapped, each peach must be fairly well enclosed by its individual wrapper.

(c) All packages must be well filled and tightly packed but the contents must not show excessive or unnecessary bruising because of being over-filled.

(d) The number of peaches must not vary by more than four from the number indicated on the container.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-075, § 16-436-185, filed 6/5/07, effective 7/6/07. Statutory Authority: Chapter 15.17 RCW. WSR 92-11-076, § 16-436-185, filed 5/20/92, effective 6/20/92
WSR 88-11-048 (Order 1977), § 16-436-185, filed 5/16/88
Order 1203, § 16-436-185, filed 5/14/71, effective 6/14/71.

Wash. Admin. Code § 16-436-187 Minimum size requirements.

(1) Fresh peaches, except for Elberta varieties, must be at least 2-3/8 inches in diameter when packed and marketed in any container except a standard peach box.

(2) Fresh peaches of any variety must be at least 2-1/4 inches in diameter when packed and marketed in a standard peach box.

(3) Fresh Elberta varieties of peaches must be at least 2-1/4 inches in diameter when marketed in any container.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-075, § 16-436-187, filed 6/5/07, effective 7/6/07. Statutory Authority: Chapter 15.17 RCW. WSR 92-11-076, § 16-436-187, filed 5/20/92, effective 6/20/92.

Wash. Admin. Code § 16-436-190 Marking requirements.

The following marking requirements apply to all grades except culls.

(1) All containers must be conspicuously and legibly stamped with the:

(a) Name and address of the grower, shipper or packer;

(b) Fruit variety;

(d) Numerical count or minimum diameter.

(2) When the numerical count is not shown on the container, the minimum diameter and net weight must be plainly stamped or otherwise marked on the container.

(3) Minimum size must be stated on the container in terms of:

(a) Whole inches, such as 3 inches minimum; or

(b) Whole and half inches, such as 2-1/2 inches minimum; or

(d) Whole and eighth inches, such as 2-3/8 inches minimum.

(4) Both minimum and maximum diameters may be stated on the container.

(5) The grade must be stamped on the container in letters that are at least 1/4 inch high. The following abbreviations may be used:

(a) Washington: Wash or WA;

(b) Extra fancy: Ex fcy or extra fcy;

(d) Combination: Comb.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-075, § 16-436-190, filed 6/5/07, effective 7/6/07. Statutory Authority: Chapter 15.17 RCW. WSR 92-11-076, § 16-436-190, filed 5/20/92, effective 6/20/92
WSR 88-11-048 (Order 1977), § 16-436-190, filed 5/16/88
Order 1203, § 16-436-190, filed 5/14/71, effective 6/14/71.

Wash. Admin. Code § 16-436-210 Damage—Specific defects.

Any of the following defects or combination of them are considered damage when the seriousness of the combination exceeds the maximum allowed for any specific defect.

(1) Bruises on peaches 2-1/4 inches or smaller in diameter are considered damage if they:

(a) Discolor the flesh to a depth greater than 3/16 of an inch; or

(b) Discolor the skin in an area greater than 1/2 inch in diameter; or

(2) Bruises on peaches larger than 2-1/4 inches in diameter are considered damage when any discoloring of the flesh or skin affects correspondingly greater areas or depths than identified in subsection (1) of this section. The following lists the depths and diameters of flesh discoloration allowed before the discoloring is considered damage on peaches that are:

(a) 2-1/2 inches in diameter: Discoloration 5/24 inch deep and 5/9 inch in diameter;

(b) 2-3/4 inches in diameter: Discoloration 11/48 inch deep and 11/18 inch in diameter;

(d) 3-1/4 inches in diameter: Discoloration 13/48 inch deep and 13/18 inch in diameter;

(e) 3-1/2 inches in diameter: Discoloration 7/24 inch deep and 7/9 inch in diameter;

(f) 3-3/4 inches in diameter: Discoloration 5/16 inch deep and 15/18 inch in diameter;

(g) 4 inches in diameter: Discoloration 1/3 inch deep and 8/9 inches in diameter.

(3) Bacterial spot when cracked or aggregating more than 3/8 inch in diameter.

(4) Scab spot when cracked or aggregating more than 3/8 inch in diameter.

(5) Scale when concentrated or scattered and aggregating more than 1/4 inch in diameter.

(6) Growth cracks when unhealed or more than 1/2 inch in length.

(7) Hail injury when unhealed or deep, or when aggregating more than 1/4 inch in diameter or more than 1/8 inch in depth.

(8) Leaf or limb rubs or russeting when exceeding 1-1/4 inches in diameter when smooth and light colored, or when exceeding 1/2 inch in diameter when rough or dark colored.

(9) Split pit when causing any unhealed crack or when causing any crack that is readily apparent, or when affecting the peach's shape to the extent that the fruit is not fairly well formed.

(10) Stem pulls larger than 1/2 inch in diameter, including stem area.

(11) Rough suture when the length is more than half way down side of peach and exceeds 1/4 inch wide and 1/32 inch high.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-075, § 16-436-210, filed 6/5/07, effective 7/6/07. Statutory Authority: Chapter 15.17 RCW. WSR 92-11-076, § 16-436-210, filed 5/20/92, effective 6/20/92
Order 1203, § 16-436-210, filed 5/14/71, effective 6/14/71.

Wash. Admin. Code § 16-436-220 Serious damage—Specific defects.

Any of the following defects or any combination of them, when the seriousness of the combination exceeds the maximum allowed for any specific defect, is considered serious damage.

(1) Bruises when aggregated and causing a waste in excess of ten percent by area on any peach or when any one bruise causes a waste in excess of five percent by area or exceeding 3/8 inch in depth.

(2) Bacterial spot when any cracks are not well healed, or when the aggregate area is more than 1/2 inch in diameter.

(3) Scab spots when cracked or when healed and aggregating more than one inch in diameter.

(4) Scale when the aggregate area is more than 1/2 inch in diameter.

(5) Growth cracks when unhealed or more than 5/8 inch in length.

(6) Hail injury when:

(a) Unhealed; or

(b) Shallow and the aggregate area is more than 3/4 inch in diameter; or

(d) Aggregating more than 1/2 inch in diameter; or

(e) Aggregating more than 1/8 inch in depth.

(7) Leaf or limb rubs or russeting when the aggregate area is more than 1-1/2 inches in diameter when smooth and light, or when the aggregate area is more than 1/2 inch in diameter when dark and bark-like.

(8) Split pit when causing any unhealed crack, or when it is healed and the aggregate area is more than 1/2 inch in length including any part of the crack that might be covered by the stem.

(9) Stem pulls when they are larger than 5/8 inch in diameter, including stem area.

(10) Punctures when they are not on the shoulder area, or when they are on the shoulder area and are larger than 3/16 of an inch in diameter.

(11) Rough suture when the entire length of the suture exceeds 1/4 inch wide and 1/16 inch high.

History

Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-12-075, § 16-436-220, filed 6/5/07, effective 7/6/07. Statutory Authority: Chapter 15.17 RCW. WSR 92-11-076, § 16-436-220, filed 5/20/92, effective 6/20/92
WSR 88-11-048 (Order 1977), § 16-436-220, filed 5/16/88
Order 1203, § 16-436-220, filed 5/14/71, effective 6/14/71.

Chapter 16-439 Pears, summer and fall.

Wash. Admin. Code § 16-439-001 Purpose.

This chapter establishes standards for Bartlett and other summer and fall pears that are packed and marketed within the state of Washington.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-095, § 16-439-001, filed 12/16/08, effective 1/16/09
Order 1033, Promulgation, filed 10/10/66, effective 11/10/66
Order 930, Promulgation, filed 8/6/63
Emergency Order 922, filed 6/7/63.

Wash. Admin. Code § 16-439-200 Definitions.

In addition to the definitions found in RCW 15.17.020, the following definitions apply to all varieties and grades under this chapter:

"Aggregate area" means areas under consideration on a pear's surface that may be combined into an area with a diameter equal to the maximum diameter specified.

"Carefully picked" means pears do not show evidence of either rough handling or having been on the ground.

"Clean" means reasonably free from dust, dirt, or honey dew.

"Department" means the Washington state department of agriculture.

"Director" means the director of the department or the director's representative.

"Free from damage" means the fruit is free from any blemish that materially affects the appearance of the fruit.

"Free from serious damage" means the fruit is not seriously deformed or disfigured or the edible or culinary value is not seriously affected by defects. Healed insect depressions or other surface blemishes that do not prevent the cutting of one good half are not considered serious damage.

"Hard end pear" means a pear that shows an abnormally yellow or green color at the blossom end, or an abnormally smooth, rounded base with little or no depression at the calyx, or a pear with an abnormally dry and tough or woody flesh near the calyx. Hard end pears are considered defects of all grades.

"Mature" means pears that have reached a stage of maturity that will ensure proper completion of the ripening process.

"Not seriously misshapen" means the pear must have a shape that permits the cutting of three fairly uniform quarters, is not excessively flattened or elongated for the variety, and is free from excessive creases or folds.

"Rat tail pear" means any rat tail shaped or second bloom pear that is tough or ridged. Rat tail pears are considered defects of all grades.

"Sound" means pears, at the time of packing, are free from visible defects such as decay, breakdown, scald, bitter pit, or from physical injury that affects keeping quality.

"Well formed" means having the shape characteristic of the variety.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-095, § 16-439-200, filed 12/16/08, effective 1/16/09
Order 1033, § 1, filed 10/10/66, effective 11/10/66
Order 930, General Regulation, filed 8/6/63
Emergency Order 922, filed 6/7/63.

Wash. Admin. Code § 16-439-205 Adoption of United States standards for summer and fall pears.

(1) In addition to the standards contained in this chapter for summer and fall pears, the Washington state department of agriculture adopts the United States Department of Agriculture United States Standards for Summer and Fall Pears, 7 C.F.R. § 51.1260 et seq., effective August 20, 1955.

(2) The department maintains a copy of this document for public inspection. The information may be found on the internet at: http://www.ams.usda.gov/standards/pearsmer.pdf.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-095, amended and recodified as § 16-439-205, filed 12/16/08, effective 1/16/09
Order 1033, Regulation 8, filed 10/10/66, effective 11/10/66
Order 930, Regulation 8, filed 8/6/63
Emergency Order 922, filed 6/7/63.

Wash. Admin. Code § 16-439-210 Grades.

(1) The following grades apply to summer and fall pears packed and marketed in Washington state:

(a) Washington extra fancy;

(b) Washington fancy;

(d) Washington C grade.

(2) All pears packed and marketed in Washington state that are graded to U.S. grade standards must also meet the requirements of the lowest Washington state grade or better.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-095, § 16-439-210, filed 12/16/08, effective 1/16/09
Order 1033, Regulation 1, filed 10/10/66, effective 11/10/66
Order 930, Regulation 1, filed 8/6/63
Emergency Order 922, filed 6/7/63.

Wash. Admin. Code § 16-439-212 Washington extra fancy.

(1) Washington extra fancy pears are mature, carefully picked, clean, well formed, sound; free from drought spot, cork spot, visible black end, hard end, and rat tail pears; and free from damage caused by broken skin, bruises, limb rubs, sunburn, sprayburn, hail marks, russeting, disease, insects, and damage caused by mechanical or other means.

(2) Bartlett pears must have a characteristic pyriform shape of a length not less than one and one-fourth times the diameter of the pear. Bartlett pears may be slightly irregular as long as the shape does not detract from the general appearance of the pear.

(3) Other varieties shall have shapes characteristic of the varieties or slightly irregular shapes as long as they do not detract from the general appearance of the fruit.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-095, § 16-439-212, filed 12/16/08, effective 1/16/09.

Wash. Admin. Code § 16-439-213 Washington fancy.

Washington fancy pears are mature, carefully picked, clean, not seriously misshapen, sound, and free from cork spot, visible black end, hard end, and rat tail pears; free from damage caused by broken skin; and free from serious damage caused by bruises, limb rubs, sunburn, sprayburn, hail marks, drought spot, russeting, disease, insects, and caused by mechanical or other means.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-095, § 16-439-213, filed 12/16/08, effective 1/16/09.

Wash. Admin. Code § 16-439-214 Washington C grade.

Washington C grade pears are mature, carefully picked, clean, sound and free from hard end or rat tail pears; and free from serious damage caused by broken skin exceeding one-fourth inch in diameter; free from serious damage caused by insects, disease, hail marks, limb rubs, heavy russet, or other means, and are not excessively elongated or flattened as to preclude the cutting of one good half.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-095, § 16-439-214, filed 12/16/08, effective 1/16/09.

Wash. Admin. Code § 16-439-215 Washington combination grade.

Washington combination grade pears consist of more than one grade packed together.

(1) When extra fancy and fancy pears are packed together, the packages may be marked "Washington combination extra fancy and fancy." At least fifty percent of the pears, by count, shall be extra fancy.

(2) When extra fancy, fancy, and C grade pears are packed together, the packages may be marked "Washington combination extra fancy, fancy, and C grade." At least fifty percent of the pears, by count, must be extra fancy.

(3) When extra fancy and C grade pears are packed together, the packages may be marked "Washington combination extra fancy and C grade." At least fifty percent of the pears, by count, must be extra fancy.

(4) When fancy and C grade pears are packed together, the packages may be marked "Washington combination fancy and C grade." At least fifty percent of the pears, by count, must be fancy.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-095, § 16-439-215, filed 12/16/08, effective 1/16/09.

Wash. Admin. Code § 16-439-216 Culls.

(1) Culls are pears that do not conform to the grades and standards of pears in this chapter or contain serious insect damage of not more than five percent.

(2) Infested culls are pears that do not conform to the grades and standards of pears in this chapter and contain at least five percent infestation from codling moth, San Jose scale, or other horticultural pests.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-095, amended and recodified as § 16-439-216, filed 12/16/08, effective 1/16/09
Order 1033, Regulation 3, filed 10/10/66, effective 11/10/66
Order 930, Regulation 3, filed 8/6/63
Emergency Order 922, filed 6/7/63.

Wash. Admin. Code § 16-439-217 Damage defects.

(1) More than the following shall be considered damage:

(a) Slight handling bruises and carton bruises that are incident to proper handling.

(b) Sunburn or sprayburn, if there is no change in the normal color of the fruit, softening of the flesh, or blistering or cracking of the skin.

(c) Russeting at the calyx end of Bartlett pears, as long as the russeting is not visible for more than one-half inch when the pear is placed calyx end down on a flat surface.

(d) Light russeting that is not characteristic of the variety, when the affected area does not exceed an aggregate of fifteen percent of the surface.

(e) Slight pebbling on Bartlett pears that does not materially detract from the appearance.

(2) In addition, a pear may show one or a combination of the following as long as the aggregate area does not exceed three-fourths inch in diameter:

(a) Limb rubs that are light, not soft, and affect an aggregate area not to exceed three-fourths inch in diameter.

(b) Hail marks when the injury is superficial and affects an aggregate area not to exceed one-fourth inch in diameter.

(c) Heavy russeting, such as is characteristic of frost injury, as long as the aggregate area does not exceed one-half inch in diameter.

(d) Two slight, healed depressions that do not materially affect the general appearance of the fruit.

(e) Sooty blotch that affects an aggregate area of ten percent when the blotch is slight or thin, or one-half inch when the blotch is moderate, or three-eighths inch when the blotch is heavy.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-095, § 16-439-217, filed 12/16/08, effective 1/16/09.

Wash. Admin. Code § 16-439-218 Serious damage defects.

(1) More than the following shall be considered serious damage:

(a) Slight handling bruises and carton bruises that are incident to proper handling.

(b) Sunburn or sprayburn, if there is only a slight change to the normal color of the fruit and no softening of the flesh or blistering or cracking of the skin.

(d) Pebbling on Bartlett pears that does not seriously affect the culinary or edible value of the fruit.

(e) Limb rubs that are light, not soft, and do not affect an aggregate area to exceed ten percent of the surface of the fruit.

(f) Drought spots that affect an aggregate area not to exceed one-fourth inch in diameter.

(2) In addition, a pear may show any one or a combination of the following as long as the aggregate area does not exceed the maximum area specified for each variety mentioned below:

(a) Heavy or dark heavy limb rubs that are not soft and do not affect an aggregate area exceeding three-fourths of an inch in diameter.

(b) Hail marks when they affect an aggregate area exceeding three-fourths inch in diameter.

(i) Frost rings on Bartlett pears that do not completely encircle the pear and when the surface is only slightly grooved.

(ii) Frost damage on Bartlett pears such as occurs at the calyx end and does not materially detract from the appearance of the pear.

(iii) On other varieties other than Bartlett, heavy russeting by frost that is not soft and affects an aggregate area not to exceed three-fourths inch in diameter.

(d) Scab spot affecting an aggregate area not to exceed one-half inch in diameter.

(e) Shallow healed depressions not seriously affecting the general appearance of the fruit and affecting an aggregate area not to exceed three-fourths of an inch in diameter.

(f) Sooty blotch that affects an aggregate area of not more than fifty percent of the surface when the spots are thin and widely scattered, or not more than one and one-fourth inch in diameter when the blotch is moderate, or not more than three-fourths inch in diameter when the blotch is heavy.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-095, § 16-439-218, filed 12/16/08, effective 1/16/09.

Wash. Admin. Code § 16-439-220 Tolerances.

(1) Tolerances that apply at time of packing:

(a) In order to allow for variations incident to commercial grading and handling, not more than ten percent, by count, of the pears in any lot may be below the requirements of the grade, and not more than one percent, by count, of that amount is allowed for decay or internal breakdown. Slight imperfections that are not discernible in good commercial sorting practice are not considered defects of grade.

(b) In order to allow for variations incident to proper sizing, not more than five percent, by count, of the pears in any lot may be below any specified minimum size and not more than ten percent, by count, of the pears in any lot may be above any specified maximum size.

(c) For a tolerance of ten percent or more, individual packages in any lot may contain not more than one and one-half times the tolerance specified. For tolerances less than ten percent, individual packages in any lot may contain not more than double the tolerance specified. At least one specimen that does not meet the requirements is allowed in any one package.

(2) Additional tolerance: No more than fifteen percent of the pears in any container may have more than one skin break measuring one-eighth inch to three-sixteenths inch, inclusive, in diameter or depth. Small inconspicuous skin breaks less than one-eighth inch in diameter or depth are not considered damage.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-095, § 16-439-220, filed 12/16/08, effective 1/16/09
Order 1033, Regulation 2, filed 10/10/66, effective 11/10/66
Order 930, Regulation 2, filed 8/6/63
Emergency Order 922, filed 6/7/63.

Wash. Admin. Code § 16-439-225 Condition after storage or transit.

After pears have been placed in storage or in transit, defects that develop or become evident and affect a pear's keeping quality, such as scald, breakdown, decay, bitter pit, or physical injury are defined as applying to condition rather than to grade.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-095, § 16-439-225, filed 12/16/08, effective 1/16/09.

Wash. Admin. Code § 16-439-240 Containers, pack, and size requirements.

The following lists the terms and describes the degrees of uniform sizing required of pears packed in containers. Packing shall conform to industry practices.

(1) A ten percent tolerance for all defects from the standards for uniformity of size, wrapping, and tightness of pack is allowed. To compute the tolerance, the pears considered below standard must be counted, weighed, or measured.

(2) Uniform: The container must not contain more than two sizes of pears, and the majority of the pears must be the size that is marked on the container.

(3) Fairly uniform: The container contains a range of three sizes or less, and pears are one size larger and/or one size smaller than the size marked on the container.

(4) Slightly irregular: No more than ten percent of the pears in the container can exceed the three-size range "fairly uniform" requirement in subsection (3) of this section.

(5) Irregular:

(a) More than ten percent of the pears in the container exceed the three-size range mentioned in the fairly uniform requirement.

(b) Packages describing the content size as "irregular" do not comply with Washington state grading and packing regulations and cannot be legally shipped in Washington state.

(6) Standard carton packs:

(a) Except when jumbled, all packed pears must be arranged in clean cartons according to industry approved and recognized methods.

(b) Pears in standard carton packs must be tightly packed and all packages must be well filled.

(7) Tray packs:

(a) All pears packed in tray pack containers must be uniformly sized and arranged according to the approved method for the tray pack.

(b) Pears packed in trays must be properly sized to minimize movement.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-095, § 16-439-240, filed 12/16/08, effective 1/16/09
Order 1033, Regulation 4, filed 10/10/66, effective 11/10/66
Order 930, Regulation 4, filed 8/6/63
Emergency Order 922, filed 6/7/63.

Wash. Admin. Code § 16-439-270 Container marking requirements.

The following information must be printed on the container label or stamped on the end of the container:

(1) Correct name of the variety or marked "variety unknown," or when more than one variety and/or commodity is in the container, the name of each variety and/or commodity;

(2) Name and address of the grower, packer, or shipper;

(3) Grade;

(4) Correct number of pears and the net contents either in terms of dry measure or weight.

(5) Consumer packages and jumbled packs must be marked with minimum diameter. Count may be used if pears can be readily counted.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-095, § 16-439-270, filed 12/16/08, effective 1/16/09
Order 1033, Regulation 7, filed 10/10/66, effective 11/10/66
Order 930, Regulation 7, filed 8/6/63
Emergency Order 922, filed 6/7/63.

Chapter 16-442 Winter pears.

Wash. Admin. Code § 16-442-005 Purpose.

This chapter establishes standards for D'Anjou, Bosc, Winter Nellis and all other varieties of winter pears that are packed or marketed within the state of Washington.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-094, § 16-442-005, filed 12/16/08, effective 1/16/09
Order 322, effective 7/29/40.

Wash. Admin. Code § 16-442-006 Definitions.

In addition to the definitions found in RCW 15.17.020, the following definitions apply to this chapter:

"Aggregate area" means areas under consideration on a pear's surface that may be combined into one circular area with a diameter equal to the maximum diameter specified for the particular blemish.

"Black end" means a blemish that is evidenced by an abnormally deep green color around the calyx; or black spots usually occurring on one-third of the surface nearest to the calyx; or by an abnormally shallow calyx cavity.

"Carefully picked" means the pears do not show evidence of rough handling or of having been on the ground.

"Clean" means a pear free from excessive dirt, dust, spray residue or other foreign material.

"Department" means the Washington state department of agriculture.

"Director" means the director of the department or the director's representative.

"Ground color" means green, light green, yellowish green, and yellow.

"Hard end" means the pear shows an abnormally yellow color at the blossom end; or has a smooth, rounded base with little or no depression at the calyx; or there is dry, tough or woody flesh near the calyx. Hard end pears are defects of all grades.

"Lot" means any number of containers of fresh winter pears offered as a unit for inspection, sale, or shipment.

"Mature" means the pear has reached the stage of maturity which will ensure the proper completion of the ripening process.

Before a mature pear becomes overripe, it will show varying degrees of firmness depending upon the stage of the ripening process. Therefore, a statement of firmness should be given in order to indicate the state of the ripening process. A description of the ground color should also be given.

The following terms should be used for describing the firmness of pears:

"Hard" means the flesh of the pear is solid and does not yield appreciably even to considerable pressure. Hard pears are in suitable condition for long storage periods for the variety.

"Firm" means the flesh of the pear is fairly solid but yields somewhat to moderate pressure. The ripening process in firm pears is further advanced than in hard pears and they cannot be held in storage as long. Winter varieties at the firm stage may be held longer than the early varieties.

"Firm ripe" means the flesh of the pear yields readily to moderate pressure. A firm ripe pear is approaching the stage at which it is in prime eating condition but may be held for a brief period, although winter varieties can be held longer than the early varieties.

"Ripe" means the pear is at the stage where it is in its most desirable condition for eating.

"Overripe" means the pear is dead ripe, very mealy, soft, and has no commercial value.

"Shape." The following terms define the shapes of winter pears:

"Well formed" means pear is considered well formed when its shape is characteristic of the variety. Pears with slight irregularities of shape that do not appreciably detract from the general appearance of the fruit are considered well formed.

"Fairly well formed" means a pear is considered fairly well formed when its shape is slightly abnormal, but not to an extent that it materially detracts from the appearance of the fruit. Winter Nellis pears with characteristic slight sutures or with slight flattening on one side and/or slight irregularities that do not materially detract from the general appearance of the pear are considered fairly well formed.

"Seriously misshapen" means the pear is excessively flattened or elongated for the variety or constricted or deformed so that it cannot be cut into three fairly uniform good quarters or is so badly misshapen that the appearance is seriously affected.

"Very seriously misshapen" means the pear is excessively flattened or elongated for the variety or is constricted or deformed so that it cannot be cut into one good half or two fairly uniform quarters.

"Size" means the greatest transverse diameter of the pear taken at right angles to a line running from the stem to the blossom end.

"Sound" means pears, at the time of packing, are free from visible defects such as decay, breakdown, scald, bitter pit, or free from physical injury affecting keeping quality.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-094, amended and recodified as § 16-442-006, filed 12/16/08, effective 1/16/09
Order 610, effective 8/21/51
Order 322, effective 7/29/40.

Wash. Admin. Code § 16-442-008 Adoption of United States standards for winter pears.

(1) In addition to the standards contained in this chapter, the Washington state department of agriculture adopts the United States Department of Agriculture United States Standards for Grades of Winter Pears, 7 C.F.R. § 51.1300 et seq., effective September 10, 1955.

(2) The department maintains a copy of this document for public inspection. The standards may be found on the internet at: http://www.ams.usda.gov/standards/pearswin.pdf.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-094, § 16-442-008, filed 12/16/08, effective 1/16/09.

Wash. Admin. Code § 16-442-020 Washington extra fancy or U.S. extra No. 1.

Washington extra fancy or U.S. extra No. 1 are pears that are mature, but not overripe, carefully picked, clean, well formed, free from decay, internal breakdown, scald, freezing injury, worm holes, black end, hard end, and drought spot; and free from injury caused by russeting, limb rubs, hail, scars, cork spot, sunburn, sprayburn, stings or other insect injury, or injury from mechanical or other means. Washington extra fancy or U.S. extra No. 1 pears must be free from damage caused by bruises, broken skins, or disease.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-094, § 16-442-020, filed 12/16/08, effective 1/16/09
Order 322, effective 7/29/40.

Wash. Admin. Code § 16-442-030 U.S. No. 1.

U.S. No. 1 are pears that are mature but not overripe, carefully picked, clean, fairly well formed, free from decay, internal breakdown, scald, freezing injury, worm holes, black end; and free from damage caused by hard end, bruises, broken skins, russeting, limb rubs, hail, scars, cork spot, drought spot, sunburn, sprayburn, stings or other insect injury, disease, or damage from mechanical or other means.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-094, § 16-442-030, filed 12/16/08, effective 1/16/09
Order 322, effective 7/29/40.

Wash. Admin. Code § 16-442-040 Washington fancy or U.S. No. 2.

Washington fancy or U.S. No. 2 are pears that are mature but not overripe, carefully picked, clean, not seriously misshapen, free from decay, internal breakdown, scald, freezing injury, worm holes, black end; and free from damage caused by hard end, or broken skins. The pears must also be free from serious damage, caused by bruises, russeting, limb rubs, hail, scars, cork spot, drought spot, sunburn, sprayburn, stings or other insect injury, disease, or serious damage caused by mechanical or other means.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-094, § 16-442-040, filed 12/16/08, effective 1/16/09
Order 322, effective 7/29/40.

Wash. Admin. Code § 16-442-050 Washington combination or U.S. combination grade.

A combination of U.S. No. 1 and U.S. No. 2 may be packed. When such a combination is packed, at least fifty percent of the pears in any container must meet the requirements of U.S. No. 1.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-094, § 16-442-050, filed 12/16/08, effective 1/16/09
Order 322, effective 7/29/40.

Wash. Admin. Code § 16-442-060 Washington commercial.

A combination of extra fancy and fancy may be packed together as "Washington commercial grade" when at least fifty percent of the pears in any container meet the requirements of Washington extra fancy and the remainder meet the requirements of Washington fancy. Broken skins or skin punctures not to exceed three-sixteenths of an inch in diameter are not considered a defect for this grade.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-094, § 16-442-060, filed 12/16/08, effective 1/16/09
Order 322, effective 7/29/40.

Wash. Admin. Code § 16-442-070 Washington third grade.

Washington third grade shall consist of pears that are mature, carefully picked, clean, sound, not very seriously misshapen, free from black end, free from damage caused by hard end, broken skins, and from serious damage caused by cork spot or bruises.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-094, § 16-442-070, filed 12/16/08, effective 1/16/09
This paragraph—Order 610, effective 8/21/51.

Wash. Admin. Code § 16-442-080 Culls.

Pears, which are not graded in conformity with the foregoing grades, must be designated as culls.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-094, § 16-442-080, filed 12/16/08, effective 1/16/09
Order 322, effective 7/29/40.

Wash. Admin. Code § 16-442-082 Injury defects.

The following specific defects, or any combination of them when the combined seriousness exceeds the maximum allowed for any one defect, are considered injury to winter pears.

(1) Russeting: On any winter pear varieties, any amount of characteristic russeting is permitted, whether caused by natural or by artificial means. Leaf whips or light limb rubs that resemble and blend into russet areas are considered russet.

(a) Slightly rough russeting or thick russeting characteristic of frost injury is considered injury when the aggregate area exceeds one-half inch in diameter on Comice, Anjou, and other smooth-skinned varieties.

(b) Smooth solid russeting is considered injury when the aggregate area exceeds one-half inch in diameter on Anjou or other smooth-skinned varieties or when smooth netlike russeting exceeds fifteen percent of the pear's surface.

(c) Smooth solid or smooth netlike russeting is considered injury when the aggregate area exceeds one-third of the surface on Comice pears. On Anjou, Comice, and other smooth-skinned varieties, any amount of characteristic smooth russeting is permitted on the portion of the calyx end that is invisible for more than one-half inch along the contour of the pear when the pear is placed calyx end down on a flat surface.

(d) Rough or thick russeting, none allowed, except russeting characteristic of frost injury is considered damage when the aggregate area exceeds one-half inch in diameter for Bosc, Seckel, and other similar varieties.

(2) Limb rubs are considered injury when they are cracked or softened or more than very slightly depressed or not light in color or exceed an aggregate area of three-fourths inch in diameter.

(3) Hail marks or other similar depressions or scars are considered injury when they are not very shallow or superficial or when they affect an aggregate area of more than one-fourth inch in diameter.

(4) Cork spots are considered injury when a pear shows depressions or other external evidence of the disease.

(5) Sunburn or sprayburn is considered injury when the normal color of the pear has been materially changed or the skin is blistered or cracked or the flesh is softened or discolored.

(6) Insect stings are considered injury when there are more than two healed slight stings or depressions or the stings materially affect the general appearance of a pear.

(7) Blister mite or canker worm injury is considered injury when it is not shallow and superficial or when it affects an aggregate area of more than one-fourth inch in diameter.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-094, § 16-442-082, filed 12/16/08, effective 1/16/09.

Wash. Admin. Code § 16-442-085 Damage defects.

The following specific defects or any combination of them, when the combined seriousness exceeds the maximum allowed for any one defect, are considered damage to winter pears:

(1) Russeting:

(a) Excessively rough russeting that shows "frogging" or slight cracking on all pear varieties when the russeting exceeds one-half inch in diameter and is excessively rough.

(b) Slightly rough or thick russeting that is characteristic of frost injury on Anjou and other smooth-skinned varieties when it exceeds three-fourths inch in diameter.

(c)(i) Smooth solid or smooth netlike russeting that exceeds one-third of the surface on Anjou pears or covers more than fifteen percent of the surface on other smooth-skinned varieties.

(ii) On Anjou and other smooth-skinned varieties, any amount of characteristic smooth russeting is permitted on the portion of the calyx end that is invisible for more than one-half inch along the contour of the pear when the pear is placed calyx end down on a flat surface.

(d)(i) Rough or thick russeting that is characteristic of frost injury when it exceeds three-fourths inch in diameter on Bosc, Seckel, and other similar varieties.

(ii) On Bosc, Seckel, and similar varieties, any amount of characteristic russeting is permitted, whether caused by natural or artificial means.

(iii) Light limb rubs that resemble and blend into russet areas are considered russet.

(2) Hard end pears are considered defects of all grades.

(3) Skin breaks when the pear has one skin break that is more than three-sixteenths inch in diameter or deeper than three-sixteenths inch or has more than one skin break that is at least one-eighth inch in diameter or at least one-eighth inch deep.

(a) Small inconspicuous skin breaks that are less than one-eighth inch in diameter or less than one-eighth inch deep are not considered damage.

(b) At a maximum, fifteen percent of the pears in any container may have no more than one skin break per pear ranging in size from one-eighth inch to three-sixteenths inch in diameter or depth.

(4) Limb rubs when they cause:

(a) Cracks, softening, or more than slight depressions; or

(b) Black discoloration that exceeds an aggregate area of three-eighths inch in diameter; or

(d) A slightly rough, light colored discoloration that exceeds an aggregate area of three-fourths inch in diameter; or

(e) Smooth, light colored discoloration that exceeds an aggregate area of one inch in diameter.

(5) Hail marks or other similar depressions or scars that are not shallow or superficial or when they affect an aggregate area of more than three-eighths inch in diameter.

(6) Cork spot when more than one spot is externally visible or when the externally visible injury affects an aggregate area of more than three-eighths inch in diameter.

(7) Drought spot when there is more than one spot or the external injury exceeds an aggregate area of three-eighths inch in diameter or the appearance of the flesh is materially affected by corky tissue or brownish discoloration.

(8)(a) Sunburn or sprayburn when the skin is blistered, cracked, or shows any light tan or brownish color or the shape is appreciably flattened or the flesh is appreciably softened or changed in color.

(b) Sprayburn of a russet character must be considered under the definition of russeting in subsection (1) of this section.

(9) Insect stings when there are more than two healed codling moth stings or a sting is over three thirty-seconds of an inch in diameter or when other insect stings affect the pear's appearance.

(10) Blister mite or canker worm injury that is not shallow or superficial or when it affects an aggregate area of more than three-eighths inch in diameter.

(11)(a) Scab spots when they are black and cover an aggregate area of more than one-eighth inch in diameter.

(b) Scab spots of a russet character must be considered under the definition of russeting in subsection (1) of this section.

(12) Sooty blotch when it is thinly scattered over more than five percent of the pear's surface or when it appears as dark, heavily concentrated spots affecting an aggregate area of more than three-eighths inch in diameter.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-094, § 16-442-085, filed 12/16/08, effective 1/16/09.

Wash. Admin. Code § 16-442-095 Serious damage.

The following defects, or any combination of them when the combined seriousness exceeds the maximum allowed for any one defect, are considered serious damage to winter pears:

(1) Russeting:

(a) Excessively rough russeting that shows "frogging" or slight cracking and exceeds three-fourths inch in diameter on all winter pear varieties.

(b) Thick russeting characteristic of frost injury that covers fifteen percent of the pear's surface on all varieties.

(c)(i) Smooth solid or smooth netlike russeting that exceeds two-thirds of the surface of Anjou pears.

(ii) On Anjou, any amount of characteristic smooth russeting is permitted on the portion of the calyx end that is invisible for more than one-half inch along the contour of the pear when the pear is placed calyx end down on a flat surface.

(2) Limb rubs when they are:

(a) More than slightly cracked or excessively rough; or

(b) Dark brown or black in color and exceed an aggregate area of three-fourths inch in diameter.

(3) Hail marks or other similar depressions or scars when they affect an aggregate area of more than three-fourths inch in diameter or materially deform or disfigure the pear.

(4) Cork spot when more than two spots are externally visible or the externally visible injury affects an aggregate area of more than one-half inch in diameter.

(5) Drought spot when:

(a) There are more than two or the external injury affects an aggregate area of more than three-fourths inch in diameter; or

(b) The appearance of the flesh is seriously affected by corky tissue or brownish discoloration.

(6)(a) Sunburn or sprayburn when the skin is blistered, cracked, or shows any brownish color or the shape is materially flattened or the flesh is softened or materially changed in color.

(b) Sprayburn of a russet character must be considered under the definition of russeting in subsection (1) of this section.

(7) Worm holes when any worm holes are evident.

(8) Insect stings when there are more than three healed codling moth stings, of which not more than two may be over three thirty-seconds inch in diameter or when other insect stings affect the pear's appearance.

(9) Blister mite or canker worm injury when it affects an aggregate area of more than three-fourths inch in diameter or materially deforms or disfigures the pear.

(10)(a) Scab spots when they are black and cover an aggregate area of more than one-fourth inch in diameter.

(b) Scab spots of a russet character must be considered under the definition of russeting in subsection (1) of this section.

(11) Sooty blotch when it is thinly scattered over more than fifteen percent of the surface of the pear or appears as dark, heavily concentrated spots affecting an aggregate area of more than three-fourths inch in diameter.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-094, § 16-442-095, filed 12/16/08, effective 1/16/09.

Wash. Admin. Code § 16-442-100 Tolerances for winter pears.

(1)(a) For all grades, no more than ten percent of the pears in any container may be below the grade requirements of this chapter, including no more than five percent may be seriously damaged by insects, and not more than one percent may be allowed for decay or internal breakdown.

(b) No more than five percent of the pears in any container may be out of compliance with the size requirements of this chapter, except when both maximum and minimum sizes are stated on the container.

(c) When both maximum and minimum sizes are stated on the container, an additional ten percent tolerance is allowed for pears that are larger than the maximum stated size.

(d) No more than ten percent of the containers in any lot may be out of compliance with the packing requirements of this chapter.

(2) When applying the tolerances in subsection (1) of this section to the U.S. combination grade, tolerances may not be used to reduce the percentage of U.S. No. 1 pears required in the combination. However, if the entire lot averages within the specified percentage, individual containers may contain up to ten percent less than the percentage of U.S. No. 1 pears required.

(3) The tolerances for the standards are on a container basis. However, individual packages in any lot may vary from the specified tolerances if the averages for the entire lot, based on sample inspection, are within the tolerances specified.

(a) For a tolerance of ten percent or more, individual packages in any lot may contain not more than one and one-half times the tolerance specified. When the package contains fifteen specimens or less, individual packages may contain not more than double the tolerance specified.

(b) For a tolerance of less than ten percent, individual packages in any lot may contain not more than double the tolerance specified. At least one specimen that does not meet the requirements is allowed in any one package.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-094, § 16-442-100, filed 12/16/08, effective 1/16/09
Order 322, effective 7/29/40.

Wash. Admin. Code § 16-442-110 Condition after storage or transit.

Decay, scald or other deterioration, which may have developed on pears after they have been in storage or transit, shall be considered as affecting condition and not the grade.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-094, § 16-442-110, filed 12/16/08, effective 1/16/09
Order 322, effective 7/29/40.

Wash. Admin. Code § 16-442-120 Standard pack.

(1) Except when jumbled, all packed pears must be arranged in clean cartons according to industry approved and recognized methods.

(2) When packed, pears in any container must be tightly packed and all packages must be well filled. The pears must not show excessive or unnecessary bruising because of overfilling. Any wrapped pear must be well wrapped.

(3) The pears in the top layer of each package must be reasonably representative of the size and quality of the pears in the package.

(4) When the numerical count is marked on the container, percentages must be calculated on the basis of count.

(5) When the minimum diameter or minimum and maximum diameters are marked on the container, percentages must be calculated on the basis of weight or an equivalent basis.

(6) When the pears are in bulk, percentages must be calculated on the basis of weight or an equivalent basis.

(7) The numerical count or the minimum size of the pears packed in closed containers must be indicated on the container. The number of pears in a carton must not vary more than three from the number indicated on the carton.

(8) When the numerical count is not shown, the minimum size must be plainly stamped, stenciled or otherwise marked on the container in terms of:

(a) Whole inches (such as 2 inches);

(b) Whole and half inches (2 1/2 inches);

(d) Whole and eighth inches (2 3/8 inches).

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-094, § 16-442-120, filed 12/16/08, effective 1/16/09
Order 322, effective 7/29/40.

Wash. Admin. Code § 16-442-150 Container marking requirements.

(1) When pears are shipped, the container must bear the:

(a) Correct name of the variety or marked "variety unknown," or, when more than one variety and/or commodity is in the container, the name of each variety and/or commodity;

(b) The name and address of the grower, packer, or shipper; and

(2) Consumer packages and jumbled packs must be marked with minimum diameter. Count may be used if pears can be readily counted.

(3) Any marking requirements of subsections (1) and (2) of this section may be printed on the container label, but if they are not, they must be shown on the principal display panel.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-094, § 16-442-150, filed 12/16/08, effective 1/16/09
Order 322, effective 7/29/40.

Wash. Admin. Code § 16-442-160 Other grades and brands.

(1) Any person, firm, or organization wishing to pack pears under a grade or brand not covered by this chapter, must file with the director a certified copy of the description of the private grade or brand before the first day of August of the year in which the pears are grown.

(2) If the director approves the private grade or brand, pears may be packed under the private grade or brand instead of the official state grading rules. All boxes of pears packed under the private grade or brand must be marked with that grade or brand.

History

Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-01-094, § 16-442-160, filed 12/16/08, effective 1/16/09
Order 322, effective 7/29/40.

Chapter 16-445 Washington standards for Italian prunes.

Wash. Admin. Code § 16-445-015 Definitions.

The following definitions are important to this chapter and apply only to Italian prunes:

"Badly misshapen" means prunes so malformed or rough that they appear to be seriously damaged. Doubles that have approximately equal sized halves are not considered "badly misshapen."

"Culls" mean prunes that are immature, or seriously damaged by growth cracks, hail, insect pests, mechanical or other means.

"Department" means the Washington state department of agriculture.

"Diameter" means the greatest distance measured through the center of a prune at right angles to a line running from the stem to the blossom end.

"Fairly uniform size" means that the prunes in each packed container must not show a variation of more than one-fourth of an inch in diameter.

"Fairly well colored" means that at least three-fourths of the surface of a prune is purple color.

"Mature" means that a prune has reached the stage of maturity that will insure proper completion of the ripening process.

"Russeting" means an abnormal roughening and scarring of the surface of the fruit, which characteristically is smooth.

"Sunscald" means an apparent softening or collapse of a prune's flesh that is caused by the sun.

"Well colored" means that except for the portion of allowed russeting, ninety-five percent of the surface of a prune is purple color.

"Well-formed" means that a prune has the shape characteristic of the variety. Doubles are not considered well-formed.

History

Statutory Authority: RCW 15.17.050 and chapter 34.05 RCW. WSR 14-19-004, § 16-445-015, filed 9/4/14, effective 10/5/14. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 05-10-093, § 16-445-015, filed 5/4/05, effective 6/4/05.

Wash. Admin. Code § 16-445-025 Damage and serious damage standards.

(1) "Damage" means any injury or defect that materially affects the prune's appearance, or its edible or shipping quality. Internal growth cracks, cavities or gum spots are not considered damage. Any one of the following defects or any combination of defects, the seriousness of which exceeds the maximum allowed for any one defect is damage:

(a) Broken skins that are unhealed. Broken skins caused by pulled stems where the skin is not torn beyond the stem basin are not damage. Broken skins that have healed are considered scars.

(b) Heat injury that is extensive or not light in color.

(c) External growth cracks when there are more than one on a fruit, or when any growth crack is deep, not well healed or more than one-fourth inch in length.

(d) Sunburn which has materially changed the normal color of the fruit, or has caused the skin to blister or crack.

(e) Split pit which causes a readily apparent crack at the stem end, or which affects the shape to the extent that the fruit is not well-formed.

(f) Hail marks or other similar depressions or scars that are not shallow or superficial, or which aggregate more than three-eighths inch in diameter, or when the skin has been broken.

(g) Drought spots or external gum spots that are more than one-fourth inch in diameter.

(h) Russeting that is not excessively rough when aggregating more than ten percent of the fruit surface, or that is excessively rough when aggregating more than one-fourth inch in diameter.

(i) Scars: Dark, rough, or depressed scars which aggregate more than one-fourth inch in diameter. Fairly smooth, superficial scars, including fairly light discoloration such as is caused by handling or packing or by prunes rubbing against each other while on the tree, which aggregate more than one-half inch in diameter.

(2) "Serious damage" means any injury or defect that seriously affects the prune's appearance, or its edible or shipping quality. Any one of the following defects, or any combination of defects, the seriousness of which exceeds the maximum allowed for any one defect, is serious damage:

(a) Broken skins that are unhealed and more than one-eighth inch in diameter or depth, except those caused by pulled stems where the skin is not torn beyond the stem basin. Broken skins that have healed are considered scars.

(b) Heat injury that causes any softening or dark discoloration of the flesh. Heat injury may cause internal or external discoloration, and may or may not be serious. It should not be confused with sunscald, which causes softening or collapse of the tissue and which is always classed as serious damage.

(c) External growth cracks that are not well healed, or which are more than three-sixteenths inch in depth, or more than one-half inch in length.

(d) Sunburn that causes decided flattening of the fruit, or causes blistering, cracking, or noticeable brownish discoloration of the skin.

(e) Split pit that causes a crack at the stem end more than three-sixteenths inch in length, including any part which may be covered by the stem, or which affects the shape to the extent that the fruit is badly misshapen.

(f) Hail marks that are more than three-sixteenths inch in depth, or which aggregate more than one-half inch in diameter.

(g) Drought spots or external gum spots that total more than one-half inch in diameter.

(h) Russeting that is not excessively rough when aggregating more than one-third of the fruit surface, or that is excessively rough when aggregating more than one-half inch in diameter.

(i) Scars that are very dark or excessively rough and aggregate more than one-half inch in diameter, or which are more than three-sixteenths inch in depth.

History

Statutory Authority: RCW 15.17.050 and chapter 34.05 RCW. WSR 14-19-004, § 16-445-025, filed 9/4/14, effective 10/5/14. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 05-10-093, § 16-445-025, filed 5/4/05, effective 6/4/05.

Wash. Admin. Code § 16-445-040 Washington No. 1 grade.

Washington No. 1 grade shall consist of prunes that are:

(1) Of one variety;

(2) A purplish color over at least 2/3 of their surface;

(3) Well-formed;

(4) At least 1-1/4 inches in diameter unless otherwise specified;

(5) Mature but not overripe, soft or shriveled;

(6) Free from decay and sunscald; and

(7) Free from damage caused by:

(a) Broken skins;

(b) Heat injury;

(d) Sunburn;

(e) Split pits;

(f) Hail marks;

(g) Drought spots;

(h) Russeting;

(i) Scars; or

(j) Dirt, other foreign material, disease, insects or mechanical or other means.

History

Statutory Authority: RCW 15.17.050 and chapter 34.05 RCW. WSR 14-19-004, § 16-445-040, filed 9/4/14, effective 10/5/14. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 05-10-093, § 16-445-040, filed 5/4/05, effective 6/4/05. Statutory Authority: Chapter 15.17 RCW. WSR 78-04-061 (Order 1549), § 16-445-040, filed 3/31/78
Order 1262, § 16-445-040, filed 5/5/72
Order 698, (1), effective 6/15/54
Order 662, effective 7/8/53.

Wash. Admin. Code § 16-445-045 Tolerances.

The following tolerances apply to prunes in any container and are adopted to allow for variations that are incidental to proper grading and handling.

(1) Tolerances that apply at the shipping point: No more than ten percent of prunes, by count, may fail to meet the grade requirements for defects other than color and size. No more than five percent, by count, may have serious damage defects. No more than one percent, by count, may have decay. No more than ten percent, by count, may fail to meet the color requirements. No more than ten percent, by count, may fail to meet the size specifications. The combined tolerance for all defects must not exceed fifteen percent by count.

(2) Tolerances that apply to the destination or en route to the destination: No more than eighteen percent of prunes, by count, may fail to meet grade requirements. No more than ten percent of prunes, by count, may fail to meet grade requirements due to other permanent defects. No more than seven percent, by count, may have defects that cause serious damage, including no more than five percent for permanent defects and no more than two percent for decay. No more than ten percent, by count, may fail to meet color requirements. No more than ten percent, by count, may fail to meet minimum size requirements.

History

Statutory Authority: RCW 15.17.050 and chapter 34.05 RCW. WSR 14-19-004, § 16-445-045, filed 9/4/14, effective 10/5/14. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 05-10-093, § 16-445-045, filed 5/4/05, effective 6/4/05.

Wash. Admin. Code § 16-445-060 Application of tolerances.

Provided, that the average for an entire lot of prunes are within the specified tolerances, the contents of individual containers in the lot, based on sample inspection, are subject to the following limitations. Individual containers:

(1) May contain at least one defective and one undersized prune.

(2) Must have no more than one and one-half times the tolerance specified when a tolerance is ten percent or more.

(3) Must have no more than double the tolerance specified when a tolerance is less than ten percent.

History

Statutory Authority: RCW 15.17.050 and chapter 34.05 RCW. WSR 14-19-004, § 16-445-060, filed 9/4/14, effective 10/5/14. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 05-10-093, § 16-445-060, filed 5/4/05, effective 6/4/05
Order 1262, § 16-445-060, filed 5/5/72
Order 662, effective 7/8/53.

Wash. Admin. Code § 16-445-070 Standard pack.

(1) A standard pack of Italian prunes must:

(a) Contain prunes of fairly uniform size;

(b) Be tightly packed; and

(2) In order to allow for variations incident to proper packing, no more than ten percent of the containers in any lot, by count, may fail to meet the standard pack requirements of this section.

History

Statutory Authority: RCW 15.17.050 and chapter 34.05 RCW. WSR 14-19-004, § 16-445-070, filed 9/4/14, effective 10/5/14. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 05-10-093, § 16-445-070, filed 5/4/05, effective 6/4/05
Order 1262, § 16-445-070, filed 5/5/72
Order 662, effective 7/8/53.

Chapter 16-450 Controlled atmosphere storage requirements for Washington fruits and vegetables.

Wash. Admin. Code § 16-450-005 Definitions.

"CA number" means the controlled atmosphere license number assigned to a facility by the director.

"Certification" means the complete service performed by the director, from inspection through the issuance of any applicable documentation of the results of the inspection.

"Controlled atmosphere storage" means any storage warehouse consisting of one or more rooms, or one or more rooms in any one facility in which atmospheric gases are controlled in their amount and in degrees of temperature for the purpose of controlling the condition and maturity of any fresh fruits or vegetables in order that, upon removal, they may be designated as having been exposed to controlled atmosphere.

"Department" means the Washington state department of agriculture (WSDA).

"Director" means the director of the department of agriculture or the director's designated representative. As used in this chapter, WSDA refers to the director unless the context states otherwise.

"Operator" means a person who runs, monitors, and records information for a WSDA licensed controlled atmosphere facility.

"Person" means an individual, firm, partnership, corporation, or association.

"Room" means any distinct separate storage area within a controlled atmosphere facility.

History

Statutory Authority: RCW 15.30.050 and chapter 34.05 RCW. WSR 15-10-091, § 16-450-005, filed 5/6/15, effective 6/6/15. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 04-05-117, § 16-450-005, filed 2/18/04, effective 3/20/04.

Wash. Admin. Code § 16-450-010 Controlled atmosphere designation.

Fruits and vegetables may be designated controlled atmosphere when they have been stored in a licensed CA storage and have met all the provisions of this chapter. In conjunction with certification by the director that all requirements have been met, all containers or subcontainers will be marked with the letters CA or similar designation, as well as a state lot identification number.

History

Statutory Authority: RCW 15.30.050 and chapter 34.05 RCW. WSR 15-10-091, § 16-450-010, filed 5/6/15, effective 6/6/15. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 04-05-117, § 16-450-010, filed 2/18/04, effective 3/20/04.

Wash. Admin. Code § 16-450-012 Identification of controlled atmosphere fruits and vegetables.

(1) The designation "CA" or words "controlled atmosphere" can only be used on containers or subcontainers of fruits or vegetables that comply with the requirements of this chapter.

(2) All containers or subcontainers intended for controlled atmosphere storage must be marked with either "WSDA" and "year of production" or a department supplied stamp.

History

Statutory Authority: RCW 15.30.050 and chapter 34.05 RCW. WSR 15-10-091, § 16-450-012, filed 5/6/15, effective 6/6/15. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 04-05-117, § 16-450-012, filed 2/18/04, effective 3/20/04.

Wash. Admin. Code § 16-450-014 Requirements for controlled atmosphere fruit and vegetables entering commercial trade.

(1) Controlled atmosphere (CA) fruits or vegetables must enter commercial trade channels within two weeks following CA certification.

(2) If CA fruits and vegetables are not shipped within two weeks after initial certification, they must obtain a new CA certification to qualify for an additional two-week shipping period.

(3) If identification of a previously certified lot can be maintained, a new state lot identification number is not required.

History

Statutory Authority: RCW 15.30.050 and chapter 34.05 RCW. WSR 15-10-091, § 16-450-014, filed 5/6/15, effective 6/6/15. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 04-05-117, § 16-450-014, filed 2/18/04, effective 3/20/04.

Wash. Admin. Code § 16-450-020 Controlled atmosphere licensing requirements.

(1) Any person operating a controlled atmosphere storage must obtain a license from the department.

(2) To apply for an annual controlled atmosphere operator license, AGR form 6074 must be completed and submitted to the department.

(3) The application must be accompanied by a fee of five dollars per controlled atmosphere storage room, with a minimum fee of twenty-five dollars for five rooms or less.

(4) The initial license application must be completed before September 1st of any given year. Once issued, the license is valid for one year and must be renewed each year on or before August 31st.

(5) A license can be renewed after August 31st but such a renewal is considered "late." Late renewals are regulated by RCW 15.30.070, which requires payment for the original license fee plus a late renewal penalty of two dollars and fifty cents.

History

Statutory Authority: RCW 15.30.050 and chapter 34.05 RCW. WSR 15-10-091, § 16-450-020, filed 5/6/15, effective 6/6/15. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 04-05-117, § 16-450-020, filed 2/18/04, effective 3/20/04.

Wash. Admin. Code § 16-450-028 Controlled atmosphere facility operator requirements.

(1) Every licensed operator must submit to WSDA a signed, completed form containing the following information:

(a) Location of the storage facility;

(b) Storage room number;

(d) Quantity of loose or packed fruit or vegetables in the room identified by variety.

(2) Every licensed operator must, at least once a day, record the following information on a form approved by the director:

(a) The percentage of carbon dioxide and oxygen inside the sealed storage room;

(b) The temperature inside the sealed storage room; and

(3) The director has the authority to audit and report the results of the controlled atmosphere records.

(4) For auditing purposes, all licensed operators must notify WSDA before they open a controlled atmosphere storage room and before any controlled atmosphere storage fruit or vegetable is packed.

History

Statutory Authority: RCW 15.30.050 and chapter 34.05 RCW. WSR 15-10-091, § 16-450-028, filed 5/6/15, effective 6/6/15. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 04-05-117, § 16-450-028, filed 2/18/04, effective 3/20/04.

Wash. Admin. Code § 16-450-041 Controlled atmosphere requirements.

(1) The oxygen content of each storage room must be reduced to five percent within twenty calendar days after the room is sealed.

(2) Stored fruits or vegetables must be kept in controlled atmosphere storage under required degrees of temperature and percentage of air components for the specified period listed below:

| Apple Varieties | Minimum Storage Period | | --- | --- | | Gala and Jonagold | Forty-five continuous calendar days | | Other | Sixty continuous calendar days | | Pear Varieties | Minimum Storage Period | | Bartlett | Forty-five continuous calendar days | | Other summer | Sixty continuous calendar days | | Bosc | Forty-five continuous calendar days | | Other winter | Sixty continuous calendar days |

History

Statutory Authority: RCW 15.30.050 and chapter 34.05 RCW. WSR 15-10-091, § 16-450-041, filed 5/6/15, effective 6/6/15.

Wash. Admin. Code § 16-450-042 Controlled atmosphere requirements for Bartlett pears.

Bartlett pears must comply with the requirements in chapter 15.30 RCW, this chapter and the following additional condition and maturity requirements:

(1) Be no further advanced in maturity than "mostly hard—some firm."

(2) Not exceed an average of two percent decay or breakdown.

History

Statutory Authority: RCW 15.30.050 and chapter 34.05 RCW. WSR 15-10-091, § 16-450-042, filed 5/6/15, effective 6/6/15. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 04-05-117, § 16-450-042, filed 2/18/04, effective 3/20/04.

Wash. Admin. Code § 16-450-044 Controlled atmosphere requirements for winter pears.

All winter pear varieties must comply with the requirements in chapter 15.30 RCW, this chapter and the following additional condition and maturity requirements:

(1) No more than two percent decay;

(2) No more than two percent scald; and

(3) A five percent maximum aggregate for all condition factors including cork.

(4) No more than five percent must be advanced in maturity beyond "firm."

History

Statutory Authority: RCW 15.30.050 and chapter 34.05 RCW. WSR 15-10-091, § 16-450-044, filed 5/6/15, effective 6/6/15. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 04-05-117, § 16-450-044, filed 2/18/04, effective 3/20/04.

Wash. Admin. Code § 16-450-060 Controlled atmosphere requirements for apples.

Apples must meet U.S. condition standards for export as stated in the United States standards of grades for apples, 7 C.F.R. Sections 51.300 – 321 (January 1, 2014).

History

Statutory Authority: RCW 15.30.050 and chapter 34.05 RCW. WSR 15-10-091, § 16-450-060, filed 5/6/15, effective 6/6/15. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 04-05-117, § 16-450-060, filed 2/18/04, effective 3/20/04.

Chapter 16-461 Inspection requirements for fruits and vegetables.

Wash. Admin. Code § 16-461-006 Definitions.

"Civil penalty" means a monetary penalty administratively issued by the director for noncompliance with chapter 15.17 RCW and the rules adopted under that chapter. The term does not include any criminal penalty, damage assessment, wages, premiums, or taxes owed, or interest or late fees on any existing obligation.

"Commercial lot" means any number and type of containers or any quantity in bulk of agricultural products listed in WAC 16-461-010, which are sold or bartered. Any quantity of less than five hundred pounds net weight, when grown and sold by the producer directly to the ultimate consumer, is not considered a commercial lot.

"Department" means the Washington state department of agriculture (WSDA).

"Director" means the director of the Washington state department of agriculture or the director's designated representative.

"First violation" means the alleged violator has committed no same or similar violation within three years of committing the current alleged act(s).

"Fruit or vegetable stand" means any facility from which seasonal fresh fruits or vegetables produced within the state of Washington are sold to the public. Fruit or vegetable stand includes roadside stands, farmer's markets, trucks or other conveyances and temporary open air parking lot stands other than those owned or operated by retail grocery stores. Such facilities may or may not be owned, leased, or otherwise operated by the producer of the fruits or vegetables.

"Notice of correction" means a document issued by the department that describes a violation under chapter 15.17 RCW or the rules adopted under that chapter. A notice of correction identifies a violation but is not a formal enforcement action. It is not subject to appeal and is a public record. A violation identified in a notice of correction can be a "first violation" even though not subject to a civil penalty if the correction requirements are met.

"Second violation" means the alleged violator committed one same or similar violation within three years of committing the current violation.

"Shipping permit" means a shipping document issued by the director attesting that the fruits or vegetables are known to be in compliance with the provisions of chapter 15.17 RCW and this chapter.

"Third violation" means the alleged violator committed two same or similar violations within three years of committing the current violation.

"Violation" means commission of an act or acts prohibited by chapter 15.17 RCW, this chapter, or rules adopted under chapter 15.17 RCW. Failure to perform any act required by chapter 15.17 RCW, this chapter, or rules adopted under chapter 15.17 RCW is a violation.

"Zone of production" means for Zone 1 all counties west of the Cascade Mountain Range and for Zone 2 the following counties: Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Skamania, Spokane, Stevens, Walla Walla, Whitman, and Yakima.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060 and chapter 34.05 RCW. WSR 15-10-090, § 16-461-006, filed 5/6/15, effective 6/6/15. Statutory Authority: Chapter 15.17 RCW. WSR 92-18-103, § 16-461-006, filed 9/2/92, effective 10/3/92
WSR 92-06-085, § 16-461-006, filed 3/4/92, effective 4/4/92.

Wash. Admin. Code § 16-461-010 Certificate of compliance and shipping permit requirements.

No person may ship, transport, accept for shipment, or accept delivery of any commercial lot of apples, apricots, asparagus, Italian prunes, peaches, pears, or sweet cherries for which a certificate of compliance or a shipping permit has not been issued, except that apples and pears for processing entering in-state commerce are not required to have a certificate of compliance or shipping permit issued.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060 and chapter 34.05 RCW. WSR 15-10-090, § 16-461-010, filed 5/6/15, effective 6/6/15. Statutory Authority: Chapter 15.17 RCW, RCW 15.17.030, and chapter 34.05 RCW. WSR 09-10-047, § 16-461-010, filed 5/1/09, effective 6/1/09. Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 07-23-088, § 16-461-010, filed 11/20/07, effective 12/21/07
WSR 06-12-116, § 16-461-010, filed 6/7/06, effective 7/8/06. Statutory Authority: Chapter 15.17 RCW. WSR 99-14-036, § 16-461-010, filed 6/29/99, effective 7/30/99
WSR 95-13-038, § 16-461-010, filed 6/14/95, effective 7/15/95
WSR 92-18-103, § 16-461-010, filed 9/2/92, effective 10/3/92
WSR 92-06-085, § 16-461-010, filed 3/4/92, effective 4/4/92
WSR 83-06-050 (Order 1788), § 16-461-010, filed 3/1/83
Order 1523, § 16-461-010, filed 4/20/77
Order 1324, § 16-461-010, filed 8/3/73
Order 1122, § 16-461-010, filed 5/5/72, effective 6/5/72
Order 1122, § 16-461-010, filed 8/23/71
Order 1122, § 16-461-010, filed 5/29/70, effective 7/1/70
Order 1122, § 16-461-010, filed 8/14/69, effective 9/14/69
Order 1098, § 16-461-010, filed 8/30/68, effective 9/30/68
Order 968, filed 3/26/65.

Wash. Admin. Code § 16-461-020 Exempt fruit and vegetables.

Fruit and vegetables listed in WAC 16-461-010 are exempt from the requirements of this chapter when:

(1) The product is being transported from the premises where grown or produced to a facility other than wholesale or retail for the purpose of storing, grading, packing, packaging, labeling, or processing prior to entering commercial channels for resale.

(2) The product is sold or transported on a single conveyance to a fruit or vegetable stand within the zone of production, not exceeding daily quantities of two thousand pounds net weight of a single commodity or six thousand pounds net weight of any combination of commodities other than cherries. Sales by the producer from a fruit or vegetable stand are not restricted to the zone of production.

(3) Daily quantities do not exceed one hundred pounds net weight of sweet cherry varieties sold for home use and not for resale, and the containers are marked "not for resale" in letters at least one-half inch in height.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060 and chapter 34.05 RCW. WSR 15-10-090, § 16-461-020, filed 5/6/15, effective 6/6/15.

Wash. Admin. Code § 16-461-030 Cherries infested with Western cherry fruit fly.

Cherries in any type of containers for fresh market may not be shipped if infested with live Western cherry fruit fly (Rhagoletis indifferens) larvae as prohibited under WAC 16-463-010. The exemptions in WAC 16-461-020 do not apply to this section.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060 and chapter 34.05 RCW. WSR 15-10-090, § 16-461-030, filed 5/6/15, effective 6/6/15.

Wash. Admin. Code § 16-461-040 Compliance with federal marketing order or state requirements.

Prior to shipment, fruits and vegetables must meet the applicable federal marketing order requirements or Washington state requirements specific to each commodity. Containers must be marked at time of certification with a Washington state lot identification, a federal-state lot identification, or an identification method approved by the director.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060 and chapter 34.05 RCW. WSR 15-10-090, § 16-461-040, filed 5/6/15, effective 6/6/15.

Wash. Admin. Code § 16-461-050 Certificate of compliance agreements and issuance of certificates of compliance.

(1) A shipper or packer of apples, apricots, asparagus, Italian prunes, peaches, pears, or sweet cherries may petition the director for authority to issue certificates of compliance for each season. Under RCW 15.17.143, the director may issue certificate of compliance agreements under terms and conditions provided in this section. The authority granted to the applicant is limited to the identified commodities handled under the applicant's direct control or handled at the shipper's or packer's facilities. A compliance agreement will include technical provisions appropriate for the certificate of compliance activities, provisions for the applicant's requests for service from the department, and the following conditions:

(a) The applicant must grant the director the right of entry to its facilities as provided under RCW 15.17.190;

(b) The applicant must grant the director the right to audit an applicant's certificate of compliance records for the purpose of determining compliance with chapter 15.17 RCW, chapter 16-390 WAC, and this chapter;

(c) The applicant must grant the director the right to request and obtain a yearly total hundredweight (CWT) report to verify the volume of commodities shipped for all certificates of compliance issued by the applicant;

(d) Shipper or packer reports may be verified by WSDA for accurate reporting on certificates of compliance. WSDA may determine that a report may be inaccurate if there is a five percent variance in the reported hundredweight, as verified against historical certificate of compliance data and current crop size data or estimates; and

(e) The applicant must indemnify and hold harmless the director and WSDA for claims related to the applicant's activities related to issuance of certificates of compliance.

(2) Certificates of compliance must be on forms approved and issued by the director.

(3) Any shipper or packer authorized to issue certificates of compliance must deposit with the director the fee required under chapter 16-390 WAC for each certificate.

(4) Apples, apricots, asparagus, Italian prunes, peaches, pears, or sweet cherries about to be shipped or transported must be in full compliance with the applicable requirements of chapter 15.17 RCW, chapter 16-390 WAC, and this chapter as a condition for issuance of a certificate of compliance.

(5) A certificate of compliance will be issued at the time of shipment.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060 and chapter 34.05 RCW. WSR 15-10-090, § 16-461-050, filed 5/6/15, effective 6/6/15.

Wash. Admin. Code § 16-461-060 Civil penalty for violations and suspension of compliance agreements for violations.

(1) A person who violates the provisions of chapter 15.17 RCW, or the rules adopted under chapter 15.17 RCW including chapter 16-390 WAC and this chapter, may be subject to a civil penalty in an amount of not more than one thousand dollars for each violation. Each violation is a separate and distinct offense. Every person who, through an act of omission, procures, aids, or abets in the violation is in violation of this chapter or its rules and may be subject to the civil penalty provided in this section. A penalty amount will be determined by the director based upon the seriousness of any violation and in consideration of any aggravating or mitigating factors.

(2) A person granted a compliance agreement may be subject to suspension of the agreement for a period not to exceed twelve consecutive months for violation of the provisions of chapter 15.17 RCW, or the rules adopted under chapter 15.17 RCW including chapter 16-390 WAC and this chapter. A period of suspension will be determined by the director based on the seriousness of any violation and in consideration of any aggravating or mitigating factors.

(3) Penalty matrix:

| Violation | Penalty/Suspension* | | --- | --- | | First | Up to $250 civil penalty and up to 90 day suspension of compliance agreement | | Second | Up to $500 civil penalty and up to 180 day suspension of compliance agreement | | Third | Up to $1,000 civil penalty and up to one year suspension of compliance agreement |

| * | Penalties and suspensions under this subsection are subject to aggravating or mitigating circumstances as noted in subsections (1) and (2) of this section. | | --- | --- |

(4) Nothing herein shall prevent the director from:

(a) Choosing not to pursue a civil penalty or suspension of a compliance agreement.

(b) Issuing a notice of correction in lieu of pursuing a civil penalty or suspension of a compliance agreement.

(c) Negotiating settlements of cases on such terms and for such reasons as deemed appropriate. Prior violations covered by a prior settlement agreement may be used by the director for the purpose of determining the appropriate penalty for the current alleged violation(s) if not prohibited by the agreement.

(d) Referring violations or alleged violations to any federal, state or county authority with jurisdiction over the activities in question including, but not limited to, the United States Department of Agriculture (USDA) and federal, state or local law enforcement agencies.

History

Statutory Authority: RCW 15.17.030, [15.17.]050, [15.17.]060 and chapter 34.05 RCW. WSR 15-10-090, § 16-461-060, filed 5/6/15, effective 6/6/15.

Chapter 16-462 Grape planting stock—Registration and certification.

Wash. Admin. Code § 16-462-010 Grape planting stock program—General.

(1) Participation in the grape planting stock program is voluntary.

(2) Grapevines or parts of grape plants may be designated as registered stock (G2/G3), or certified grape planting stock (G4), if they and the stock from which they were produced have been inspected and tested in accordance with procedures and requirements outlined in this chapter and found to be in compliance with all applicable standards and requirements established in this chapter.

(3) The issuance of a state of Washington plant tag, stamp, or other document under this chapter means only that the tagged, stamped, or otherwise documented planting stock has been subjected to standards and procedures described in this chapter and determined to be in compliance with its standards and requirements. The department disclaims all expressed or implied warranties, including without limitation, implied warranties of merchantability and fitness for particular purpose, regarding all plants, plant parts, and plant materials under this chapter.

(4) The department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with this chapter. No grower, nursery dealer, government official, or other person is authorized to give any expressed or implied warranty, or to accept financial responsibility on behalf of the department regarding this chapter.

History

Statutory Authority: RCW 15.14.015 and 15.13.260. WSR 20-20-050, § 16-462-010, filed 10/1/20, effective 11/1/20. Statutory Authority: RCW 15.14.015 and chapter 34.05 RCW. WSR 14-21-035, § 16-462-010, filed 10/7/14, effective 11/7/14. Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 06-19-009, § 16-462-010, filed 9/8/06, effective 10/9/06. Statutory Authority: Chapter 15.14 RCW. WSR 99-12-025, § 16-462-010, filed 5/25/99, effective 6/25/99
WSR 86-08-078 (Order 1883), § 16-462-010, filed 4/2/86
Order 1193, § 16-462-010, filed 4/19/71
Order 1084, § 16-462-010, filed 4/2/68.

Wash. Admin. Code § 16-462-015 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

"Block" means a contiguous grouping of Vitis plants separated from other groupings by a buffer zone. A block may contain one or multiple lots.

"Buffer zone" is an area surrounding or adjacent to an area officially delimited for phytosanitary purposes in order to minimize the probability of spread of targeted pests or diseases, into or out of the delimited area and subject to phytosanitary or other control measures, if appropriate.

"Certified grape planting stock" means vines, rooted cuttings, tissue cultures, cuttings or grafted plants taken or propagated directly from G1 foundation vines or G2/G3 registered vines in compliance with the provisions of this chapter.

"Containerized plant" means any live plant grown in a container or pot-in-pot where the plant is healthy, vigorous, well-rooted, and established in soil-less media in the container in which it is growing.

"Clean cultivation" means the site is actively managed for weed control or is planted with a cover crop approved by the department.

"Department" means the department of agriculture of the state of Washington.

"Director" means the director of the department of agriculture or the director's designee.

"Foundation block" means a planting of grapevines established, operated, and maintained by the Clean Plant Center Northwest at Washington State University, or other sources approved in writing by the director, that are tested and found free from targeted pathogens and viruses designated in this chapter and that are not off-type.

"Generation 1 (G1)" means original mother vines identified as such by the Clean Plant Center Northwest at Washington State University or an equivalent facility approved by the department.

"Generation 2 (G2)" means grapevines propagated from G1 mother vines and grown under conditions to prevent infection, in accordance with the requirements of this chapter.

"Generation 3 (G3)" means grapevines propagated from G1 or G2 mother vines, for increase of propagative material, and grown under conditions that prevent infection, in accordance with the requirements of this chapter.

"Generation 4 (G4)" means grapevines propagated from G1, G2, or G3 mother vines and grown in accordance with this chapter. This is material most often distributed for sale to commercial vineyards and retail consumers.

"Grapevine" means commercially grown species in the genus Vitis.

"Lot" means a contiguous group of a selection within a block, derived from one or more G1 source grapevines obtained from a single clean plant source approved by the department.

"Mother vine" means a grapevine used as a source for propagation material.

"National Clean Plant Network (NCPN)" means the national network of clean plant centers established in 2008 and supported by the United States Department of Agriculture.

"Off-type" means appearing under visual examination to be different from the variety listed on the application for registration and certification, or exhibiting symptoms of a genetic or nontransmissible disorder.

"Registered block" means a planting of registered (G2/G3) grapevines maintained by a nursery and used as a source of propagation material for certified (G4) grapevines.

"Registered vine" means any G2 or G3 grapevine approved by the director, identified to a single (G1) grapevine source, and registered with the Washington state department of agriculture, in compliance with provisions of this chapter.

"Screenhouse" is a structure that includes screening designed to prevent the introduction of insect vectors.

"Tissue culture" means aseptically removing a vegetative shoot tip from growth arising from a dormant cutting or from green growth (i.e., softwood) from a plant during the growing season and aseptically transferring this shoot tip to a suitable vessel containing an appropriate culture medium.

"Virus-like" means a graft-transmissible disorder with symptoms resembling a characterized virus disease including, but not limited to, disorders caused by viroids and phytoplasmas.

History

Statutory Authority: RCW 15.14.015 and 15.13.260. WSR 20-20-050, § 16-462-015, filed 10/1/20, effective 11/1/20. Statutory Authority: RCW 15.14.015 and chapter 34.05 RCW. WSR 14-21-035, § 16-462-015, filed 10/7/14, effective 11/7/14. Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 11-01-092, § 16-462-015, filed 12/15/10, effective 1/15/11
WSR 06-19-009, § 16-462-015, filed 9/8/06, effective 10/9/06. Statutory Authority: Chapter 15.14 RCW. WSR 02-11-100, § 16-462-015, filed 5/20/02, effective 6/20/02
WSR 99-12-025, § 16-462-015, filed 5/25/99, effective 6/25/99
WSR 86-08-078 (Order 1883), § 16-462-015, filed 4/2/86
WSR 78-10-072 (Order 1583), § 16-462-015, filed 9/27/78
Order 1397, § 16-462-015, filed 4/7/75
Order 1193, § 16-462-015, filed 4/19/71
Order 1084, § 16-462-015, filed 4/2/68.

Wash. Admin. Code § 16-462-018 Foundation sources eligible for registration and certification.

All propagative material eligible for entry into the WSDA grape planting stock registration and certification program must be derived from a Generation 1 foundation block held at a National Clean Plant Network (NCPN) supported center and continuously grown under conditions that mitigate the risk of infection. Eligible Generation 1 foundation sources include the Clean Plant Center-Northwest (CPC-NW) at Washington State University and Foundation Plant Services (FPS) at University of California at Davis. The department may approve other grapevine foundation facilities as an eligible G1 foundation source. Such approval shall be in writing. The accession numbers relating to the single (G1) grapevine source must be retained for tracking purposes throughout the life of its certified progeny and provided to the department upon request.

History

Statutory Authority: RCW 15.14.015 and 15.13.260. WSR 20-20-050, § 16-462-018, filed 10/1/20, effective 11/1/20. Statutory Authority: RCW 15.14.015 and chapter 34.05 RCW. WSR 14-21-035, § 16-462-018, filed 10/7/14, effective 11/7/14.

Wash. Admin. Code § 16-462-020 Requirements for participation in the grape planting stock program.

(1) The applicant shall be responsible, subject to the approval of the department, for the selection of the location and the proper maintenance of registered blocks (G2/G3) and certified grape planting stock (G4).

(2) The applicant must maintain records identifying the (G1) foundation source of registered vines (G2/G3) and certified grape planting stock (G4) and provide these records to the department upon request.

(3) The applicant shall take suitable precautions in cultivation, irrigation, movement and use of equipment, and in other farming practices, to guard against spread of soil-borne pests to planting stock entered in this program. The applicant shall keep all registered blocks (G2/G3) and certified grape planting stock (G4) clean cultivated, except for approved cover crops.

(4) Following notification by the department, the applicant shall remove and destroy immediately any registered grapevine or certified planting stock found to be off-type or affected by a virus or virus-like disease or a quarantine pest.

History

Statutory Authority: RCW 15.14.015 and 15.13.260. WSR 20-20-050, § 16-462-020, filed 10/1/20, effective 11/1/20. Statutory Authority: RCW 15.14.015 and chapter 34.05 RCW. WSR 14-21-035, § 16-462-020, filed 10/7/14, effective 11/7/14. Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 11-01-092, § 16-462-020, filed 12/15/10, effective 1/15/11
WSR 06-19-009, § 16-462-020, filed 9/8/06, effective 10/9/06. Statutory Authority: Chapter 15.14 RCW. WSR 02-11-100, § 16-462-020, filed 5/20/02, effective 6/20/02
WSR 99-12-025, § 16-462-020, filed 5/25/99, effective 6/25/99
WSR 86-08-078 (Order 1883), § 16-462-020, filed 4/2/86
WSR 78-10-072 (Order 1583), § 16-462-020, filed 9/27/78
Order 1193, § 16-462-020, filed 4/19/71
Order 1084, § 16-462-020, filed 4/2/68.

Wash. Admin. Code § 16-462-021 Requirements for registered blocks (G2/G3).

(1) All registered grapevines must be identified by the number assigned to the single grapevine (G1) source in the foundation block from which they were derived.

(2) With the exception of practices allowed in subsections (3), (4), and (5) of this section, registered (G2) vines must be propagated directly from cuttings or tissue cultures taken from a G1 grapevine.

(3) Plants propagated from a G1 grapevine and grown entirely under laboratory or screenhouse conditions may serve as a source of softwood cuttings used to establish a registered block of G2 grapevines or a registered (G2) tissue culture line.

(4) Registered G3 grapevines may be propagated from registered G2 grapevines within the same registered block, for the purpose of increasing the size of the block or for replacement grapevines.

(5) Participating nurseries must obtain written permission from the department to propagate G3 grapevines from G2 grapevines, for the purpose of establishing or increasing other registered blocks within the nursery. All of the following conditions must be complied with:

(a) The mother vines were registered G2 vines;

(b) Propagation occurs in a laboratory or insect proof greenhouse by tissue culture or softwood cuttings; and

(c) The mother vine has been tested by the department within the last two growing cycles and has been determined to be free of regulated viruses and pests in WAC 16-462-050.

(6) Prior to planting a registered block (G2/G3), the growing area and its contiguous borders of not less than ten feet must be tested by the department for the presence of nematodes of the genus Xiphinema, which can be virus vectors. If a Xiphinema nematode is detected, the growing area must be fumigated in accordance with rates and practices recommended by Washington State University and then retested to verify efficacy of the fumigation. This treatment must be carried out under the supervision of the department.

(7) Registered blocks must be located at least one hundred feet from noncertified or nonregistered grapevines. This does not apply to registered vines grown in a fully enclosed greenhouse, screenhouse or laboratory, as long as that facility does not contain noncertified grapevines.

History

Statutory Authority: RCW 15.14.015 and 15.13.260. WSR 20-20-050, § 16-462-021, filed 10/1/20, effective 11/1/20. Statutory Authority: RCW 15.14.015 and chapter 34.05 RCW. WSR 14-21-035, § 16-462-021, filed 10/7/14, effective 11/7/14. Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 11-01-092, § 16-462-021, filed 12/15/10, effective 1/15/11
WSR 06-19-009, § 16-462-021, filed 9/8/06, effective 10/9/06. Statutory Authority: Chapter 15.14 RCW. WSR 02-11-100, § 16-462-021, filed 5/20/02, effective 6/20/02
WSR 99-12-025, § 16-462-021, filed 5/25/99, effective 6/25/99.

Wash. Admin. Code § 16-462-022 Requirements for certified grape planting stock (G4).

(1) Certified grape planting stock, including all components of budded or grafted plants, must be propagated from cuttings taken from G1, G2, or G3 grapevines.

(2) Cuttings from registered blocks must be sorted and kept separate by variety and selection number or clone.

(3) Treatment to control nematodes and other soil-borne pests may be required at any time by the department.

(4) Certified grape planting stock must be separated from noncertified grapevines by one of the following distances. This requirement does not apply to certified grape planting stock grown in a fully enclosed greenhouse, screenhouse or laboratory, as long as that facility does not contain noncertified grapevines.

(a) Ten feet for any land treated to control nematodes; or

(b) Twenty feet for land not specifically treated to control nematodes.

(5) Certification is based solely on compliance with the requirements prescribed in WAC 16-462-050 and other requirements of this chapter.

History

Statutory Authority: RCW 15.14.015 and 15.13.260. WSR 20-20-050, § 16-462-022, filed 10/1/20, effective 11/1/20. Statutory Authority: RCW 15.14.015 and chapter 34.05 RCW. WSR 14-21-035, § 16-462-022, filed 10/7/14, effective 11/7/14. Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 11-01-092, § 16-462-022, filed 12/15/10, effective 1/15/11. Statutory Authority: Chapter 15.14 RCW. WSR 02-11-100, § 16-462-022, filed 5/20/02, effective 6/20/02
WSR 99-12-025, § 16-462-022, filed 5/25/99, effective 6/25/99.

Wash. Admin. Code § 16-462-025 Registered grapevines (G2/G3) and certified grape planting stock (G4)—Inspections.

(1) Inspections of registered grapevines and certified grape planting stock will be performed by the department at times determined to be suitable for the detection of virus and virus-like disease symptoms.

(2) The department will conduct at least two inspections of registered (G2/G3) vines during each growing season.

(3) The department will inspect certified grape planting stock (G4) at least two times per year.

(4) The department will refuse or withdraw registration or certification for any planting stock that is infested or infected with any pest regulated under this chapter, or any quarantine pest listed in WAC 16-483-001.

History

Statutory Authority: RCW 15.14.015 and 15.13.260. WSR 20-20-050, § 16-462-025, filed 10/1/20, effective 11/1/20. Statutory Authority: RCW 15.14.015 and chapter 34.05 RCW. WSR 14-21-035, § 16-462-025, filed 10/7/14, effective 11/7/14. Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 11-01-092, § 16-462-025, filed 12/15/10, effective 1/15/11
WSR 06-19-009, § 16-462-025, filed 9/8/06, effective 10/9/06. Statutory Authority: Chapter 15.14 RCW. WSR 02-11-100, § 16-462-025, filed 5/20/02, effective 6/20/02
WSR 99-12-025, § 16-462-025, filed 5/25/99, effective 6/25/99
WSR 86-08-078 (Order 1883), § 16-462-025, filed 4/2/86
Order 1193, § 16-462-025, filed 4/19/71
Order 1084, § 16-462-025, filed 4/2/68.

Wash. Admin. Code § 16-462-027 Virus sampling and testing requirements for registered (G2/G3) grapevines.

(1) In addition to required visual inspections, all registered (G2/G3) grapevines may be tested by the department for regionally occurring viruses regulated under this chapter, on a five-year rotation. Regionally occurring viruses are those that can be vectored within the registered block. Pests to be tested for will be recommended annually by consensus of an agency recognized industry stakeholder group with representation for the Pacific Northwest region.

(2) Testing will be prioritized as follows:

(a) All vines showing symptoms upon visual inspection by the department will be tested immediately.

(b) Vines of varieties with the highest distribution by the nursery.

(c) Vines of varieties considered unlikely to show visual symptoms of virus shall be sampled and tested at twenty percent per year, or as directed by the department.

(d) Other vines not described above.

(3) The department and entities authorized by the department will test registered G2 grapevines by methods consistent with those utilized by the Clean Plant Center Northwest.

History

Statutory Authority: RCW 15.14.015 and 15.13.260. WSR 20-20-050, § 16-462-027, filed 10/1/20, effective 11/1/20.

Wash. Admin. Code § 16-462-030 Application and fees.

(1) The applicant shall submit an application form developed by the department, furnishing all information requested, giving consent to the department to inspect and take samples from any planting stock enrolled in the program as registered grapevines or certified grape planting stock.

(2) Such application for registration and certification shall be filed with the department by January 10 of each year accompanied by a one hundred seventy-five dollar application fee.

(3) Fees for inspection and sampling shall be charged at the appropriate rate established in WAC 16-401-027. Mileage for inspections and other on-site services shall be charged at a rate established by the state office of financial management.

(4) Laboratory testing fees for nematode presence shall be charged at the appropriate rate established in WAC 16-470-912.

History

Statutory Authority: RCW 15.14.015 and 15.13.260. WSR 20-20-050, § 16-462-030, filed 10/1/20, effective 11/1/20. Statutory Authority: RCW 15.14.015 and chapter 34.05 RCW. WSR 14-21-035, § 16-462-030, filed 10/7/14, effective 11/7/14. Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 06-19-009, § 16-462-030, filed 9/8/06, effective 10/9/06. Statutory Authority: Chapter 15.14 RCW. WSR 02-11-100, § 16-462-030, filed 5/20/02, effective 6/20/02
WSR 00-01-149, § 16-462-030, filed 12/21/99, effective 1/21/00
WSR 99-12-025, § 16-462-030, filed 5/25/99, effective 6/25/99
WSR 93-17-022 (Order 5001), § 16-462-030, filed 8/11/93, effective 9/11/93
WSR 86-08-078 (Order 1883), § 16-462-030, filed 4/2/86
WSR 78-10-072 (Order 1583), § 16-462-030, filed 9/27/78
Order 1397, § 16-462-030, filed 4/7/75
Order 1193, § 16-462-030, filed 4/19/71
Order 1084, § 16-462-030, filed 4/2/68.

Wash. Admin. Code § 16-462-035 Certified grape planting stock (G4)—Tagging and identity.

(1) Certification language approved by the department must be affixed by the grower to each bundle, box or other unit of certified grape planting stock (G4) by means of tag, stamp, sticker, or preprinted language prior to shipping. If all vines in a single shipment are considered certified, the certification language may alternatively be affixed to or printed on the invoice or bill of lading.

(2) Any person selling Washington certified grape planting stock (G4) is responsible for the identity of such planting stock. Persons authorized to use certification language must account by variety for the certified grape planting stock produced and sold. They must keep and allow the department to inspect and copy records necessary to verify this.

History

Statutory Authority: RCW 15.14.015 and 15.13.260. WSR 20-20-050, § 16-462-035, filed 10/1/20, effective 11/1/20. Statutory Authority: RCW 15.14.015 and chapter 34.05 RCW. WSR 14-21-035, § 16-462-035, filed 10/7/14, effective 11/7/14. Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 06-19-009, § 16-462-035, filed 9/8/06, effective 10/9/06. Statutory Authority: Chapter 15.14 RCW. WSR 99-12-025, § 16-462-035, filed 5/25/99, effective 6/25/99
WSR 86-08-078 (Order 1883), § 16-462-035, filed 4/2/86
Order 1193, § 16-462-035, filed 4/19/71
Order 1084, § 16-462-035, filed 4/2/68.

Wash. Admin. Code § 16-462-050 Requirements—Targeted pests and pathogens.

All grapevines produced under this program must be free of Grapevine fanleaf virus, Grapevine leafroll-associated viruses, Grapevine virus A, Grapevine virus B, Arabis mosaic virus, Tomato ringspot virus, Grapevine red blotch virus, Grapevine vein clearing virus, Xylella fastidiosa, Daktulosphaira vitifoliae, Planococcus ficus and all other quarantine pests listed in WAC 16-483-001. Grapevines produced under this program must also be apparently free of nematode root knots, crown gall, and other visible signs of diseases or serious pest injuries.

History

Statutory Authority: RCW 15.14.015 and 15.13.260. WSR 20-20-050, § 16-462-050, filed 10/1/20, effective 11/1/20. Statutory Authority: RCW 15.14.015 and chapter 34.05 RCW. WSR 14-21-035, § 16-462-050, filed 10/7/14, effective 11/7/14. Statutory Authority: Chapters 15.14 and 34.05 RCW. WSR 06-19-009, § 16-462-050, filed 9/8/06, effective 10/9/06. Statutory Authority: Chapter 15.14 RCW. WSR 02-11-100, § 16-462-050, filed 5/20/02, effective 6/20/02
WSR 99-12-025, § 16-462-050, filed 5/25/99, effective 6/25/99
WSR 86-08-078 (Order 1883), § 16-462-050, filed 4/2/86.

Chapter 16-463 Prohibiting the sale and/or movement of infested cherries.

Wash. Admin. Code § 16-463-001 Promulgation.

I, Donald W. Moos, director of agriculture of the state of Washington, by virtue of the authority vested in me under chapters 15.17 and 15.08 RCW after due notice and public hearing held in Yakima, Washington on June 27, 1968, pursuant to chapters 42.32 and 34.04 RCW do hereby adopt the following rules*.

*Reviser's Note: WAC 16-463-001 applies to WAC 16-463-010 only.

Wash. Admin. Code § 16-463-010 Conditions for shipment, transfer and sale of cherries.

Except as allowed under RCW 15.08.070, no person shall ship or transfer from the area of production, or within the area of production, or offer for sale for human consumption, any cherries that are infested with live western cherry fruit fly (Rhagoletis indifferens) larvae.

History

Statutory Authority: RCW 15.08.070 and chapter 34.05 RCW. WSR 14-19-005, § 16-463-010, filed 9/4/14, effective 10/5/14
Order 1099, § 16-463-010, filed 8/30/68, effective 9/30/68.

Chapter 16-465 Rules and regulations for the official determination of bacterial ring rot in seed potatoes.

Wash. Admin. Code § 16-465-010 Sampling procedures for seed potatoes produced in Washington.

(1) Official sample must be taken by authorized Washington state department of agriculture personnel.

(2) Samples may consist of stems, roots and/or tubers.

(3) Samples may be taken from a field lot, bin or other container.

(4) Samples may be taken any time during field inspection, harvesting or shipping.

History

Order 1138, § 16-465-010, filed 2/2/70.

Wash. Admin. Code § 16-465-020 Sampling procedure for potato planting stock for seed or commercial production.

(1) Upon request, official samples will be taken by authorized Washington state department of agriculture personnel.

(2) Lot from which sample has been requested must be held until official diagnosis is made. Disposition will be in accordance with diagnosis result.

(3) Samples must be selected from containers with positive identification.

History

Order 1138, § 16-465-020, filed 2/2/70.

Wash. Admin. Code § 16-465-030 Handling and shipment of official samples.

(1) A sample shall consist of a minimum of three to five tubers and/or affected stems or root systems.

(2) Lower stems and root systems shall be placed in a dry plastic bag for transportation.

(3) Affected tubers shall be wrapped in dry newspapers and placed in a box.

(4) Official sample and reporting form delivered to the state plant pathologist for diagnosis will be in a container sealed with a Washington state department of agriculture seal.

(5) Keep sample cool and deliver promptly to the state plant pathologist designated by the Washington state department of agriculture.

History

Order 1138, § 16-465-030, filed 2/2/70.

Wash. Admin. Code § 16-465-040 Official reporting and diagnosis.

(1) The official diagnosis shall be recorded on a form designated by the Washington state department of agriculture.

(2) This completed form with the results attested to by the designated state plant pathologist will be the official determination of the state of Washington.

History

Order 1138, § 16-465-040, filed 2/2/70.

Wash. Admin. Code § 16-465-050 Disposition.

(1) Lots of potato planting stock officially determined to be infected with bacterial ring rot shall not be used for propagation purposes and will be disposed of in the following manners.

(a) Processing plant.

(b) Fresh consumption.

(d) Disposition by burning.

History

Order 1138, § 16-465-050, filed 2/2/70.

Chapter 16-470 Quarantine—Agricultural pests.

Wash. Admin. Code § 16-470-010 Definitions.

The definitions set forth in this section shall apply throughout this chapter, unless the context otherwise requires:

(1) "Director" means the director of agriculture of this state, or a duly authorized representative.

(2) "Department" means the Washington state department of agriculture.

(3) "Interior quarantine" means a quarantine within the state of Washington established against the movement of designated plant pests, life stages, their hosts, and possible carriers from areas identified by the Washington state department of agriculture.

(4) "Exterior quarantine" means a quarantine established against the movement into Washington state of designated plant pests, life stages, their hosts, and possible carriers from areas identified by the Washington state department of agriculture.

(5) "Commercial orchard" means an orchard in which fruit is grown for commercial purposes and with the use of approved and accepted integrated pest management programs pursuant to statutes, guidelines or rules approved by the agricultural extension service or regulatory officials of the state of origin.

(6) "Commercial fruit" means fruit that is:

(a) Grown in a commercial orchard and commercially packed and labeled;

(b) Fruit grown in a commercial orchard and destined to a commercial processing plant or packing plant.

(7) "Phytosanitary certificate" means a certificate issued by a government agency under authority of state or federal statute, which declares or establishes the pest status of a shipment of plants or plant parts under accepted inspection or sampling procedures. Phytosanitary certificates are patterned after model certificates of the International Pest Protection Convention.

(8) "Pest free area" means an officially identified area in which a target pest is not established and which is maintained in such a manner as to prevent establishment of the target pest.

(9) "Plant protection organization" means an agency established by a government to discharge functions such as inspection of plants and plant products for pests, issuing phytosanitary certificates, and other actions specified in this rule.

History

Statutory Authority: Chapter 17.24 RCW. WSR 01-14-075, § 16-470-010, filed 7/3/01, effective 8/3/01
WSR 00-23-098, § 16-470-010, filed 11/21/00, effective 12/22/00. Statutory Authority: Chapters 15.60 and 17.24 RCW. WSR 88-16-016 (Order 1978), § 16-470-010, filed 7/25/88. Statutory Authority: Chapter 17.24 RCW. WSR 86-07-020 (Order 1881), § 16-470-010, filed 3/12/86
WSR 85-15-006 (Order 1861), § 16-470-010, filed 7/8/85
WSR 84-10-039 (Order 1822), § 16-470-010, filed 5/1/84, effective 7/1/84.

Wash. Admin. Code § 16-470-020 Quarantine—Gypsy moth—Area under order.

(1) Interior quarantine. Real and personal properties within Washington state and adjacent properties where the department has identified multiple gypsy moth life stages and where occupants and/or owners of those properties have been notified by the department of the gypsy moth infestation and to the effect that the subject property is under quarantine pursuant to chapter 16-470 WAC rules and requirements.

(2) Exterior quarantine. All areas of the United States and Canada that are declared high risk by the United States Department of Agriculture, animal, plant, health inspection service, plant protection and quarantine.

(3) The following definition shall apply to WAC 16-470-020 through 16-470-060: "Gypsy moth (Lymantria dispar)" means a lepidopterous insect of the family Lymandriidae which in the larval stage defoliates many species of trees and shrubs.

History

Statutory Authority: Chapter 17.24 RCW. WSR 86-07-020 (Order 1881), § 16-470-020, filed 3/12/86
WSR 84-10-039 (Order 1822), § 16-470-020, filed 5/1/84, effective 7/1/84.

Wash. Admin. Code § 16-470-030 Quarantine/gypsy moth hosts and carriers.

The following articles and commodities are placed under quarantine when located within or originating from an area as described in WAC 16-470-020:

(1) Trees, shrubs with persistent woody stems, Christmas trees and parts of such trees and shrubs (except seeds, fruits and cones).

(2) Timber and building materials, including but not limited to such items as lumber, planks, poles, logs, firewood, pulpwood, fencing and building blocks.

(3) Mobile homes, recreational vehicles, trailers, boats, camping gear, and associated equipment.

(4) Outdoor household articles including but not limited to such items as furniture, toys, garden tools, garden machinery, animal houses.

(5) Any other items or means of conveyance not covered above when that item or conveyance presents a hazard of the spread of any life stage of gypsy moth.

History

Statutory Authority: Chapter 17.24 RCW. WSR 84-10-039 (Order 1822), § 16-470-030, filed 5/1/84, effective 7/1/84.

Wash. Admin. Code § 16-470-040 Gypsy moth quarantine restrictions—Interior.

Items under quarantine are prohibited movement from the area under quarantine except as follows:

(1) Any item under quarantine may be inspected and certified for movement by a department inspector if, in the inspector's judgment, it is free of all stages of gypsy moth. Any item that in the judgment of the department inspector is too large or for other reasons cannot be adequately inspected for all stages of gypsy moth will not be certified except as indicated in WAC 16-470-040 (3) and (4).

(2) Garden prunings from trees and shrubs may be moved under Washington state department of agriculture permit to the city or county dumps where such material is to be buried, incinerated, composted, or otherwise treated or handled in a manner that is approved by a department inspector and does not pose a hazard to the spread of gypsy moth life stages. A department permit is not necessary for such material picked up by city or county vehicles or trucking companies under contract to haul such material to county approved facilities for disposal.

(3) Any item which cannot be adequately inspected as stated in WAC 16-470-040(1) may be moved from the quarantine area if cleaned or treated as prescribed by the director and in a manner satisfactory to the department inspector. Such items cleaned or treated shall be certified by a department inspector before movement from the quarantine area.

(4) Department inspectors may also certify items for movement when in their judgment the item has not been exposed to infestation, or has not been exposed to infestation after being properly inspected, cleaned or treated.

(5) Expense of cleaning or treatment of articles or commodities for gypsy moth shall be the responsibility of the person in possession of the articles or commodities, or the consignee in case of commercial shipment by common carriers of household goods.

History

Statutory Authority: Chapter 17.24 RCW. WSR 84-10-039 (Order 1822), § 16-470-040, filed 5/1/84, effective 7/1/84.

Wash. Admin. Code § 16-470-050 Gypsy moth quarantine restrictions—Exterior.

Quarantined articles and commodities are prohibited entry into Washington state except as follows:

(1) Articles and commodities covered originating in the area under quarantine may enter this state: Provided, That the articles or commodities are accompanied by a certificate issued by an authorized agricultural official in the state or province of origin which contains the following information:

(a) The designation of the articles and commodities.

(b) The county and state or province of origin.

(i) They originated in noninfested premises in the area under quarantine and have not been exposed to gypsy moth while in the area under quarantine; or

(ii) Upon inspection, they were found to be free of any stage of gypsy moth; or

(iii) They were treated at origin under the direction of an agricultural official to destroy any stage of gypsy moth; the method of treatment used and the date of the treatment shall also be stated; or

(iv) They were grown, produced, manufactured, stored or handled in such a manner that no stage of gypsy moth would be transmitted on them.

(d) The original or facsimile signature of the authorized agricultural official.

(2) The certificate required under WAC 16-470-050(1) may be issued by a private enterprise: Provided, That the enterprise has been approved by the director, or by the United States Department of Agriculture, animal and plant health inspection service, plant protection and quarantine as having employees who have successfully completed a training program approved by the director or the United States Department of Agriculture, conducted by private organizations or state government officials, in the inspection for and treatment of gypsy moth; and the inspection and any treatment was performed, and the certificate issued by, one of those employees.

(3) Any certificate issued by a private enterprise shall contain the information required in WAC 16-470-050(1): Provided, That the statement relating to treatment at origin in WAC 16-470-050 (1)(c) shall verify that the articles and commodities were treated at origin by an employee who has successfully completed an approved training program in the inspection for and treatment of gypsy moth; and the signature required in WAC 16-470-050 (1)(d), shall be that of the employee issuing the certificate.

(4) The certificate required in WAC 16-470-050(1) shall be securely attached to the outside of the container containing the articles or commodities, or securely attached to the article or commodity itself if not in a container, or securely attached to the consignee's copy of the weighbill or other shipping document.

(5) Any article or commodity covered in WAC 16-470-030 which originated in the area under quarantine and is not accompanied by the certificate required may:

(a) Enter Washington, if, in the determination of the department, the article or commodity is:

(i) Cleaned or treated to destroy gypsy moth at the point of entry; or

(ii) Cleaned or treated to destroy gypsy moth in the county of destination, under the supervision of the department, prior to release of the article or commodity. Any shipment containing articles or commodities to be cleaned or treated in the county of destination shall be sealed at point of entry or origin and held under quarantine in that county until the treatment or cleaning is to occur.

(b) Be refused entry in Washington, if, in the opinion of the department inspector that:

(i) Cleaning or treatment to destroy gypsy moth at the point of entry would interfere with the movement of interstate commerce; and/or

(ii) Cleaning or treatment to destroy gypsy moth in the county of destination presents a high risk of dissemination of gypsy moth during transit or it is not possible to effectively clean or treat due to lack of facilities and/or needed equipment or lack of personnel in that county.

(c) Expense of cleaning or treatment of articles and commodities for gypsy moth at point of arrival in Washington state, or in the county of destination shall be the responsibility of the person in possession of the articles and commodities or the consignee in the case of commercial shipment by common carrier of household goods.

(6) No certificate is required for movement into Washington of articles and commodities covered in WAC 16-470-030 that originated outside an area under quarantine when the point of origin is clearly indicated, their identify has been maintained and they have been safeguarded against infestation by gypsy moth while in the area under quarantine.

History

Statutory Authority: Chapter 17.24 RCW. WSR 84-10-039 (Order 1822), § 16-470-050, filed 5/1/84, effective 7/1/84.

Wash. Admin. Code § 16-470-060 Special permits.

The director may issue special permits admitting articles or commodities covered in WAC 16-470-030 not otherwise eligible for entry from the area under quarantine, subject to such conditions and provisions deemed necessary for protection of Washington agriculture.

History

Statutory Authority: Chapter 17.24 RCW. WSR 84-10-039 (Order 1822), § 16-470-060, filed 5/1/84, effective 7/1/84.

Wash. Admin. Code § 16-470-070 Quarantine—Hornet.

A quarantine is established under this chapter against any live life stages of all species in the genus Vespa (hornet) including, but not limited to, Vespa mandarinia. The quarantine does not include species that are not classified within the genus Vespa (such as wasps in the genus Vespula). Hornets feed on fruit and damage plants, as well as attack managed bee and other native insect populations. No species of hornet are native to Washington state. The director of agriculture has determined that the regulation and exclusion of all species of hornet is necessary to protect the environmental quality, forests, floriculture and agricultural crops of the state of Washington.

History

Statutory Authority: RCW 17.24.011, 17.24.021, 17.24.041 and chapter 34.05 RCW. WSR 21-12-094, § 16-470-070, filed 6/2/21, effective 7/3/21.

Wash. Admin. Code § 16-470-075 Quarantine—Hornet—Area under order.

(1) The area under quarantine includes the entire state of Washington.

(2) Within the state of Washington, infested sites are subject to additional restrictions. For purposes of this hornet quarantine, "infested sites" include all real property within 20 meters of a nest containing any live life stage of hornet. After identifying an infested site, the department will attempt to notify occupants and owners of properties within the infested site that the property or a portion thereof has been designated as an infested site and is subject to additional restrictions. The designation of an infested site will remain in place until department inspectors have removed the nest and determined that the area is clear of all live life stages of hornet.

History

Statutory Authority: RCW 17.24.011, 17.24.021, 17.24.041 and chapter 34.05 RCW. WSR 21-12-094, § 16-470-075, filed 6/2/21, effective 7/3/21.

Wash. Admin. Code § 16-470-080 Hornet quarantine restrictions.

(1) No live life stage of hornet may be sold, offered for sale, distributed, or knowingly moved throughout or received within Washington unless the entity or person proposing such action has been issued a special permit under WAC 16-470-085.

(2) No unauthorized person may enter an infested site until the department has deemed the area clear of the infestation. Department inspectors may enter upon public and private premises within an infested site to remove and treat the nest and hornets. Authorization to enter an infested site will be granted to the property owners, occupants, and other persons in the department's discretion and such authorization may be made subject to conditions to limit the risks to public health and safety, as well as to prevent further infestation and ensure that the nest is appropriately and safely removed and treated.

History

Statutory Authority: RCW 17.24.011, 17.24.021, 17.24.041 and chapter 34.05 RCW. WSR 21-12-094, § 16-470-080, filed 6/2/21, effective 7/3/21.

Wash. Admin. Code § 16-470-085 Special permits.

The director may issue special permits subject to conditions and provisions deemed necessary for the protection of Washington agriculture. Additionally, a special permit may be issued which allows for the possession of live hornets for research purposes.

History

Statutory Authority: RCW 17.24.011, 17.24.021, 17.24.041 and chapter 34.05 RCW. WSR 21-12-094, § 16-470-085, filed 6/2/21, effective 7/3/21.

Wash. Admin. Code § 16-470-101 Establishing quarantines for apple maggot and plum curculio.

Apple maggot (Rhagoletis pomonella) and plum curculio (Conotrachelus nenuphar) are insects with a larval (worm) stage that develops within fruit. These insects are capable of attacking many fruit crops grown in Washington. Apple maggot is not established in significant portions of the major fruit production areas east of the Cascade Mountains, and plum curculio is not established anywhere in the state. An increased range for either insect would cause decreased environmental quality and economic loss to the agricultural industries of the state by increasing production inputs and jeopardizing foreign and domestic markets.

(1) The director, pursuant to chapter 17.24 RCW, has determined that the regulation and/or exclusion of fresh fruits grown or originating from areas infested with apple maggot or plum curculio is necessary to protect the environment and agricultural crops of the state.

(2) The director, pursuant to chapter 17.24 RCW, has determined that municipal solid waste originating from areas infested with apple maggot is a host medium for apple maggot and is a "regulated commodity" as provided in WAC 16-470-111. The exclusion of such municipal solid waste from the pest free area is necessary to protect the environment and agricultural crops of the state. The transport into and disposition of such municipal solid waste in the pest free area may be allowed by a special permit as provided in WAC 16-470-124(1).

(3) The director, pursuant to chapter 17.24 RCW, has determined that yard debris, organic feedstocks, organic materials, and agricultural wastes as defined in WAC 173-350-100 originating from areas infested with apple maggot is a host medium for apple maggot and is a "regulated commodity" as provided in WAC 16-470-111. The exclusion of such waste from the pest free area is necessary to protect the environment and agricultural crops of the state. The transport into and disposition of yard debris, organic feedstocks, organic materials, and agricultural wastes in the pest free area may be allowed by a special permit as provided in WAC 16-470-124(2).

(4) The director, pursuant to chapter 17.24 RCW, has determined that soil and growing medium in pots or on root balls of host plants or any plants (host or nonhost) that were within the drip line of host plants that have produced fruit, originating from areas infested with apple maggot are a host medium for apple maggot and are "regulated commodities" as provided in WAC 16-470-111. The exclusion of such soil or growing medium from the pest free area is necessary to protect the environment and agricultural crops of the state. The transport of such soil or growing medium into the pest free area may be allowed if accompanied by an official inspection certificate issued by the plant protection organization of the state of origin as provided in WAC 16-470-113 and 16-470-115.

History

Statutory Authority: RCW 17.24.011, 17.24.041, 17.24.051, and chapter 34.05 RCW. WSR 20-13-035, § 16-470-101, filed 6/10/20, effective 7/11/20. Statutory Authority: RCW 17.24.011, 17.24.041, and chapter 34.05 RCW. WSR 16-24-028, § 16-470-101, filed 11/30/16, effective 1/1/17. Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 06-14-004, § 16-470-101, filed 6/22/06, effective 8/1/06. Statutory Authority: Chapter 17.24 RCW. WSR 01-14-075, § 16-470-101, filed 7/3/01, effective 8/3/01.

Wash. Admin. Code § 16-470-103 Definitions.

The following definitions shall apply to WAC 16-470-101 through 16-470-130:

(1) "Established" means present in a country, state, county or other area, multiplying and expected to continue.

(2) "Host plant" means all species in the genera of Malus, Crataegus, Prunus, Pyrus and Cydonia (including, but not limited to, apples, crab apples, hawthorn, cherries, plums, prunes, pears, and quince).

(3) "Soil" and "growing medium" as regulated commodities means only that soil or growing medium in pots or on root balls of plants originating from a quarantined area being shipped under this quarantine.

(4) "Threatened with infestation" means that any life stage of apple maggot or plum curculio has been found within one-half mile of an orchard or other production site, including any portion of an orchard outside or beyond the one-half mile area. Orchards or production sites in a quarantined area, which are not surveyed by a plant protection organization, are considered to be threatened with infestation. An orchard or other production site will be removed from threatened with infestation status, if control measures are performed at the detection site, and survey by the department shows no further detection(s) within the one-half mile area around the orchard or other production site throughout the subsequent full growing season.

History

Statutory Authority: RCW 17.24.011, 17.24.041, 17.24.051, and chapter 34.05 RCW. WSR 20-13-035, § 16-470-103, filed 6/10/20, effective 7/11/20. Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 05-09-005, § 16-470-103, filed 4/7/05, effective 8/15/05. Statutory Authority: Chapter 17.24 RCW. WSR 01-14-075, § 16-470-103, filed 7/3/01, effective 8/3/01.

Wash. Admin. Code § 16-470-105 Area under order for apple maggot—Pest free area—Quarantine areas.

(1) A pest free area for apple maggot is declared for the following portions of Washington state:

(a) Counties of Adams, Asotin, Benton, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Pend Oreille, Stevens, Walla Walla, and Whitman.

(b) The portion of Kittitas County designated as follows: Beginning at the point where Interstate Highway No. 90 crosses longitude 120°31' W; thence southerly to the Kittitas-Yakima County line; thence easterly along the county line to the Columbia River; thence northerly along the Columbia River to Interstate Highway No. 90; thence westerly along Interstate Highway No. 90 to the point of beginning.

(d) Chelan County, except for the area designated in subsection (2)(d) of this section.

(e) Lincoln County, except for the area designated in subsection (2)(e) of this section.

(f) Okanogan County, except for the area designated in subsection (2)(f) of this section.

(2) A quarantine for apple maggot is declared for the following portions of Washington state:

(a) Counties of Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Klickitat, Lewis, Mason, Pacific, Pierce, Snohomish, Spokane, Skagit, Skamania, Thurston, Wahkiakum, and Whatcom.

(b) Kittitas County, except for the area designated in subsection (1)(b) of this section.

(c) The portion of Yakima County designated as follows: Beginning at the northeastern corner of Yakima County on the west bank of the Columbia River; thence southerly along the Columbia River to the Yakima-Benton County line; thence southerly along the county line to latitude N46°30'; thence west to longitude W120°20'; thence north to latitude N46°30.48'; thence west to longitude W120°25'; thence north to latitude N46°31.47'; thence west to longitude W120°28'; thence north to latitude N46°32'; thence west to longitude W120°36'; thence south to latitude N46°30'; thence west to longitude W120°48'; thence southerly to the Klickitat-Yakima County line; thence westerly along the county line to the Yakima-Skamania County line; thence northerly along the county line to the Lewis-Yakima County line; thence easterly and northerly along the county line to the Pierce-Yakima County line; thence northerly and easterly along the county line to the Kittitas-Yakima County line; thence easterly and southerly along the county line to the west bank of the Columbia River and the point of beginning.

(d) The portion of Chelan County designated as follows: Beginning at the point where the northern boundary of the county crosses longitude W120°43.02' following the longitudinal line due south to the fork of Highway 207 and Chiwawa Loop Road; thence south following the eastern edge of Highway 207 which becomes Beaver Valley Road and then Chumstick Highway; thence southeast along the eastern edge of Highway 2 to the point where the northern ridgeline of Boundary Butte drops to meet Highway 2; thence southerly, following the ridgeline of Boundary Butte gaining in elevation into the Stuart Range to the highest point of McClellan Peak; thence due south from McClellan Peak to the southern boundary of the county; thence following the county line west, then north, and then east to the beginning point.

(e) The portion of Lincoln County designated as follows: Beginning at longitude W118°20'0" on the Lincoln-Adams County line; thence northerly to State Highway Route 28 (SR 28); thence northerly and easterly along SR 28 to latitude N47°37'38.6"; thence easterly to the Lincoln-Spokane County line; thence south to the Lincoln-Whitman County line; thence west along the Lincoln County line to longitude W118°20'0" and the point of beginning.

(f) The portions of Okanogan County designated as follows:

(i) Beginning at the northern corner of the Okanogan-Whatcom County line; thence southerly to the Okanogan-Skagit County line; thence southerly and easterly along the Okanogan-Chelan County line; thence easterly to latitude N48°12'05.4"; thence northerly to longitude W119°53'05.9"; and thence westerly along the Okanogan County-Canada border to the beginning point.

(ii) Beginning at the northern point where U.S. Highway No. 97 crosses the Okanogan River (the approximate point N48°55'16.2", W119°25'16"); thence southerly along the western edge of U.S. Highway No. 97 to Ellisforde Bridge Road; thence westerly along the northern edge of Ellisforde Bridge Road to Okanogan County Highway 7; thence northerly along the eastern edge of Okanogan County Highway 7 to latitude N48°55'15.5"; thence easterly to the approximate point N48°55'15.6", W119°26'35.3"; thence north-easterly, crossing the Similkameen River, to the approximate point N48°55'17.6", W119°26'23.8"; thence easterly continuing along the northern edge of the converging Similkameen River and Okanogan River to the beginning point.

(3) A quarantine for apple maggot is declared for all states or foreign countries where apple maggot is established. The area under quarantine includes, but is not limited to, the states of Idaho, Oregon, Utah, and California, and, in the eastern United States, all states and districts east of and including North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas, and any other areas where apple maggot is established.

History

Statutory Authority: RCW 17.24.011, 17.24.041, and chapter 17.24 RCW. WSR 26-06-014, s 16-470-105, filed 2/20/26, effective 3/23/26. Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 18-21-064, § 16-470-105, filed 10/9/18, effective 11/9/18
WSR 16-24-027, § 16-470-105, filed 11/30/16, effective 1/1/17. Statutory Authority: RCW 17.24.041 and chapter 34.05 RCW. WSR 12-13-053, § 16-470-105, filed 6/15/12, effective 7/16/12. Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 09-18-086, § 16-470-105, filed 9/1/09, effective 10/2/09
WSR 06-14-004, § 16-470-105, filed 6/22/06, effective 8/1/06
WSR 05-09-005, § 16-470-105, filed 4/7/05, effective 8/15/05
WSR 04-09-027, § 16-470-105, filed 4/13/04, effective 8/16/04. Statutory Authority: Chapter 17.24 RCW. WSR 01-14-075, § 16-470-105, filed 7/3/01, effective 8/3/01.

Wash. Admin. Code § 16-470-108 Distribution of infested or damaged fruit is prohibited.

Regulated commodities specified in WAC 16-470-111(1) and 16-470-125(2) that are known or found to be infested or damaged by apple maggot or plum curculio may not be distributed, sold, held for sale, or offered for sale, unless the fruit has undergone cold storage treatment, in compliance with WAC 16-470-113 (1)(a) and (b) or 16-470-127 (1)(a) and (b), and the necessary certificate has been issued by the appropriate plant protection organization.

History

Statutory Authority: RCW 17.24.011, 17.24.041, and chapter 34.05 RCW. WSR 16-24-028, § 16-470-108, filed 11/30/16, effective 1/1/17. Statutory Authority: Chapter 17.24 RCW. WSR 01-14-075, § 16-470-108, filed 7/3/01, effective 8/3/01.

Wash. Admin. Code § 16-470-111 Commodities regulated for apple maggot.

(1) All fresh fruit of apple (including crab apple), cherry (except cherries that are commercial fruit), hawthorn (haw), pear (except pears that are commercial fruit from California, Idaho, Oregon, Utah, and Washington), plum, prune, and quince are regulated under quarantine for apple maggot. Fresh fruit also includes fruit attached to host plants.

(2) Municipal solid waste as defined in WAC 173-350-100 is regulated under quarantine for apple maggot. Municipal solid waste from the quarantine area is a host medium for apple maggot containing or likely to contain those fruits listed under subsection (1) of this section.

(3) Yard debris, organic feedstocks, organic materials, and agricultural wastes as defined in WAC 173-350-100 are regulated under quarantine for apple maggot. Yard debris, organic feedstocks, organic materials, and agricultural wastes from quarantine areas are host mediums for apple maggot containing or likely to contain those fruits listed under subsection (1) of this section.

(4) Soil or growing medium in pots or on root balls of host plants originating from a quarantined area are regulated commodities under quarantine for apple maggot.

(5) Soil or growing medium in pots or on root balls of nonhost plants that fall within the drip line of host plants that have produced fruit originating from a quarantined area are regulated commodities under quarantine for apple maggot.

(6) Any host plants shipped bare root and without fruit attached are not regulated commodities under quarantine for apple maggot.

(7) Soil or growing medium in pots or on root balls of plants originating in the pest free area, as specified in WAC 16-470-105(1), are not regulated commodities under quarantine for apple maggot.

History

Statutory Authority: RCW 17.24.011, 17.24.041, 17.24.051, and chapter 34.05 RCW. WSR 20-13-035, § 16-470-111, filed 6/10/20, effective 7/11/20. Statutory Authority: RCW 17.24.011, 17.24.041, and chapter 34.05 RCW. WSR 16-24-028, § 16-470-111, filed 11/30/16, effective 1/1/17. Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 06-14-004, § 16-470-111, filed 6/22/06, effective 8/1/06. Statutory Authority: Chapter 17.24 RCW. WSR 01-14-075, § 16-470-111, filed 7/3/01, effective 8/3/01.

Wash. Admin. Code § 16-470-113 Requirements to ship commodities regulated for apple maggot from a state under quarantine into the pest free area for apple maggot.

(1) Shipment of fresh fruit, as specified in WAC 16-470-111(1), from an area under quarantine, as specified in WAC 16-470-105(3), into the pest free area for apple maggot, as specified in WAC 16-470-105(1), is prohibited, unless at least one of the following conditions is met:

(a) The shipment is accompanied by an official certificate issued by the plant protection organization of the state of origin stating at least one of the following:

(i) The shipment is composed of apples, which has undergone cold treatment for a continuous period of at least ninety days. During this ninety days, the temperature within the storage room must be maintained at thirty-seven and nine-tenths degrees Fahrenheit or less.

(ii) The shipment is composed of fresh fruit specified in WAC 16-470-111(1) other than apples, which has undergone cold treatment for a continuous period of forty days or more. During this forty days, the temperature within the storage room must be maintained at thirty-two degrees Fahrenheit or less.

(iii) The shipment is composed of fresh fruit specified in WAC 16-470-111(1) from Oregon, Idaho, or Utah, meeting the requirements under WAC 16-470-122.

(iv) Each lot or shipment consists of repacked fruit, which was grown outside the area under quarantine and has been identified and maintained separately from any fruit specified in WAC 16-470-111(1) grown within the area under quarantine. For repacked fruit, the certificate must show the following information:

(A) The state in which the fruit was grown;

(B) The point of repacking and reshipment;

(D) The names and addresses of the shipper and consignee.

(b) The fruit originated outside the area under quarantine for apple maggot and is a reshipment in original, unopened containers. The containers must each bear labels or other identifying marks stating origin outside the area under quarantine.

(2) The shipment of soil or growing medium in pots or on root balls of host plants from the area under quarantine, as specified in WAC 16-470-105(3), into the pest free area for apple maggot, as specified in WAC 16-470-105(1), is prohibited unless accompanied by a certificate issued by the plant protection organization of the state of origin stating the following:

(a) The soil or growing medium supports host plants that have not produced fruit, and did not fall within the drip line of host plants that have produced fruit; or

(b) The host plants originated in an area where apple maggot is not considered established, based on official survey and were grown in a commercial nursery; or

(c) The soil or growing medium of the plants has been treated with a pesticide treatment approved by the director just prior to shipment and was safeguarded from reinfestation.

(3) The shipment of soil or growing medium in pots and on root balls of nonhost plants that were grown within the drip line of host plants that have produced fruit, may only be shipped from the area under quarantine, as specified in WAC 16-470-105(3), to the pest free area for apple maggot, as specified in WAC 16-470-105(1), if accompanied by a certificate issued by the plant protection organization of the state of origin stating the following:

(a) The nonhost plants originated in an area where apple maggot is not considered established, based on official survey, and were grown in a commercial nursery; or

(b) The soil or growing medium of the plants has been treated with a pesticide treatment approved by the director just prior to shipment and was safeguarded from reinfestation.

History

Statutory Authority: RCW 17.24.011, 17.24.041, 17.24.051, and chapter 34.05 RCW. WSR 20-13-035, § 16-470-113, filed 6/10/20, effective 7/11/20. Statutory Authority: RCW 17.24.011, 17.24.041, and chapter 34.05 RCW. WSR 16-24-028, § 16-470-113, filed 11/30/16, effective 1/1/17. Statutory Authority: Chapter 17.24 RCW. WSR 01-14-075, § 16-470-113, filed 7/3/01, effective 8/3/01.

Wash. Admin. Code § 16-470-115 Requirements for shipment of regulated commodities from the quarantine area for apple maggot into the pest free area within Washington state.

Shipment of regulated commodities, as specified in WAC 16-470-111, from an area under quarantine, as specified in WAC 16-470-105(2), into the pest free area for apple maggot, as specified in WAC 16-470-105(1), is prohibited, unless one of the following applicable conditions is met:

(1) The shipment of fresh fruit is accompanied by a permit for movement of fruit issued by the department verifying one of the following:

(a) The fresh fruit came from orchards and production sites that are not threatened with infestation; or

(b) The fresh fruit has completed treatment as specified in WAC 16-470-118(3). If records of treatment verifying compliance with conditions specified in WAC 16-470-118(3) are made available to the department, no reinspection is required by the department.

(2) The shipment of fresh fruit is in compliance with the applicable conditions under WAC 16-470-118 (2) and (3).

(3) The shipment of municipal solid waste from the quarantine area to the pest free area for purposes of disposal in a municipal solid waste landfill or appropriate disposal or treatment facility is accompanied by a special permit issued by the department as provided in WAC 16-470-124(1).

(4) The shipment of yard debris, organic feedstocks, organic materials, or agricultural wastes from the quarantine area to the pest free area for purposes of disposal in a municipal solid waste landfill or appropriate treatment or composting facility is accompanied by a special permit issued by the department as provided in WAC 16-470-124(2).

(5) The shipment of soil or growing medium in pots or on root balls of host plants is accompanied by either an official phytosanitary certificate or inspection tag associated with a compliance agreement issued by the department stating the following:

(a) The soil or growing medium supports host plants that have not produced fruit and did not fall within the drip line of host plants that have produced fruit; or

(b) The soil or growing medium supports host plants that were grown in a commercial nursery and the production site is not considered threatened with infestation as defined in WAC 16-470-103(4); or

(c) The soil or growing medium of the host plants has been treated with a pesticide treatment approved by the director just prior to shipment and safeguarded from reinfestation.

(6) The shipment of soil or growing medium in pots or on root balls of nonhost plants that were grown within the drip line of host plants that have produced fruit is accompanied by either an official phytosanitary certificate or inspection tag associated with a compliance agreement issued by the department stating the following:

(a) The soil or growing medium supports nonhost plants that were grown in a commercial nursery and the production site is not considered threatened with infestation as defined in WAC 16-470-103(4); or

(b) The soil or growing medium of the nonhost plants has been treated with a pesticide treatment approved by the director just prior to shipment and safeguarded from reinfestation.

(7) Phytosanitary certificates and inspection tags associated with a compliance agreement described in subsections (5) and (6) of this section shall be issued by the department in accordance with chapters 16-401 WAC and 15.13 RCW.

(8) Fees for inspection services related to the issuance of phytosanitary certificates, inspection tags associated with a compliance agreement, and requests to remove threatened with infestation status, shall be charged in accordance with WAC 16-401-027.

History

Statutory Authority: RCW 17.24.011, 17.24.041, 17.24.051, and chapter 34.05 RCW. WSR 20-13-035, § 16-470-115, filed 6/10/20, effective 7/11/20. Statutory Authority: RCW 17.24.011, 17.24.041, and chapter 34.05 RCW. WSR 16-24-028, § 16-470-115, filed 11/30/16, effective 1/1/17. Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 06-14-004, § 16-470-115, filed 6/22/06, effective 8/1/06. Statutory Authority: Chapter 17.24 RCW. WSR 01-14-075, § 16-470-115, filed 7/3/01, effective 8/3/01.

Wash. Admin. Code § 16-470-118 Requirements within Washington state to ship fresh fruit into, within, or through the pest free area for apple maggot from an orchard or production site that is infested or threatened with infestation.

All fresh fruit, as specified in WAC 16-470-111(1), from an orchard or production site that is infested or threatened with infestation by apple maggot must be inspected by the department following accepted agency standards.

(1) If the fresh fruit is inspected and found free of apple maggot, the shipment must be accompanied by a permit for movement of fruit issued by the department.

(2) If the fresh fruit is found to be infested with apple maggot, a permit from the department, which specifies conditions for handling and shipment, is required to transport the fruit within or through the pest free area. No permit may be issued under this subsection for transportation of fresh fruit found to be infested with apple maggot into the pest free area for apple maggot.

(3) If the fresh fruit is found to be infested with apple maggot, one or more of the following treatments must be performed and verified by the department as specified in WAC 16-470-115 (1)(b) before the fruit is moved from area(s) designated or quarantined by the department:

(a) Apples (including crab apples) must be cold treated as specified in WAC 16-470-113 (1)(a).

(b) Fruit other than apples must be cold treated under the conditions specified in WAC 16-470-113 (1)(b).

(4) If the shipment contains graded culls, it must comply with the conditions specified in WAC 16-470-113 (1)(a) or (b), dependent on the category of fruit.

History

Statutory Authority: RCW 17.24.011, 17.24.041, and chapter 34.05 RCW. WSR 16-24-028, § 16-470-118, filed 11/30/16, effective 1/1/17. Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 06-14-004, § 16-470-118, filed 6/22/06, effective 8/1/06. Statutory Authority: Chapter 17.24 RCW. WSR 01-14-075, § 16-470-118, filed 7/3/01, effective 8/3/01.

Wash. Admin. Code § 16-470-122 Requirements to ship regulated articles from Oregon, Idaho, or Utah into the pest free area for apple maggot.

Commercially grown fresh fruit from Oregon, Idaho, or Utah may be shipped into the pest free area for apple maggot if both of the following conditions are met:

(1) A permit has been agreed to by the plant protection organization of the state of origin and the department. The permits must specify that the plant protection organization of the state of origin has conducted an adequate apple maggot detection program, which includes immediate written notification to the department of detections in counties where apple maggot has not previously been detected.

(2) The plant protection organization of the state of origin certifies that the fruit originated in areas in which apple maggot is not established, was grown in a commercial orchard, and has not been placed under quarantine.

History

Statutory Authority: RCW 17.24.011, 17.24.041, and chapter 34.05 RCW. WSR 16-24-028, § 16-470-122, filed 11/30/16, effective 1/1/17. Statutory Authority: Chapter 17.24 RCW. WSR 01-14-075, § 16-470-122, filed 7/3/01, effective 8/3/01.

Wash. Admin. Code § 16-470-124 Special permits for solid waste and organic waste transport and disposition.

(1) The director may issue special permits admitting or allowing transportation and distribution of municipal solid waste for disposal at a solid waste landfill or appropriate disposal facility in the pest free area from the areas under quarantine established in WAC 16-470-105, subject to conditions and provisions which the director may prescribe to prevent introduction, escape, or spread of the quarantined pests. For purposes of this section "solid waste" and "solid waste landfill" or "disposal facility" refer to solid waste and solid waste facilities regulated under chapters 70.95 RCW and 173-351 WAC by the Washington state department of ecology.

(2) The director may issue special permits admitting or allowing transportation and distribution of yard debris, organic feedstocks, organic materials, or agricultural wastes for treatment at a composting facility in the pest free area from the area under quarantine established in WAC 16-470-105, subject to conditions and provisions which the director may prescribe to prevent introduction, escape, or spread of the quarantined pests. For purposes of this section "yard debris," "organic feedstocks," "organic materials," and "agricultural wastes" or "composting facility" refer to waste and composting facilities regulated under chapters 70.95 RCW and 173-350 WAC by the Washington state department of ecology. Conditions for issuing a special permit under this subsection include the following:

(a) Processing conditions. Organic waste (as defined under WAC 16-470-111(3)) from the quarantine area is mechanically ground or shredded in the quarantine area to a particle size small enough to aid heat exposure but large enough to produce a feedstock suitable for composting.

(b) Heat treatments. In the quarantine area, following processing as required under (a) of this subsection, the entire quantity of organic waste is exposed to one of the following heat treatment options:

(i) Temperature of at least 55°C (131°F) for a continuous period of two weeks;

(ii) Temperature of at least 65°C (149°F) over a continuous period of one week;

(iii) In the case of enclosed composting facilities, temperature of at least 60°C (140°F) for one week.

(iv) For (b)(i) through (iii) of this subsection, a minimum number of turnings may be required to ensure that the whole mass is exposed to the required temperature. Moisture content of the organic waste is required to be a minimum of forty percent.

(v) Temperature of at least 74°C (165°F) for four hours; or 80°C (176°F) for two hours; or 90°C (194°F) for one hour, with wet heat used for each temperature treatment option under this subsection.

(c) Sanitation. Any trailer that has been used to transport untreated organic waste must be thoroughly cleaned within the quarantine area prior to transporting organic waste into or through the pest free area.

(3) When the owner of the waste identified in subsections (1) and (2) of this section transfers ownership of the waste to a different person receiving the waste for disposal or treatment in the pest free area, both owners must apply for and receive special permits under this section. A special permit to transport will not be issued to the transporting owner unless a special permit is concurrently issued to the receiving facility owner under conditions specified by the director.

(4) The specific conditions listed in this section are not intended to be exclusive or to preclude other conditions that the director may prescribe when issuing a special permit to accomplish the purposes identified in this section and under RCW 17.24.003.

History

Statutory Authority: RCW 17.24.011, 17.24.041, and chapter 34.05 RCW. WSR 16-24-028, § 16-470-124, filed 11/30/16, effective 1/1/17.

Wash. Admin. Code § 16-470-125 Area under quarantine for plum curculio—Regulated commodities.

(1) A quarantine for plum curculio is declared for any commodity named in subsection (2) of this section entering the state of Washington from any area where plum curculio is established. The area under quarantine includes, but is not limited to, the entire state of Utah, and, in the eastern United States, all states and districts east of and including the states of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas, and any other areas where plum curculio is established.

(2) The following commodities are regulated under this quarantine as possible hosts or carriers of plum curculio: All fresh fruit of apple (including crab apple), apricot, blueberry, cherry, currant, grape, hawthorn (haw), huckleberry, nectarine, peach, pear, persimmon, plum, prune, and quince.

History

Statutory Authority: Chapter 17.24 RCW. WSR 01-14-075, § 16-470-125, filed 7/3/01, effective 8/3/01.

Wash. Admin. Code § 16-470-127 Requirements to ship commodities regulated for plum curculio into Washington.

Shipment into the state of Washington of regulated commodities described in WAC 16-470-125 from states under quarantine for plum curculio is prohibited, unless one of the following conditions is met:

(1) The shipment is accompanied by an official certificate issued by the plant protection organization of the state of origin evidencing at least one of the following:

(a) The shipment consists of apples, which have undergone cold treatment for a continuous period of at least ninety days. During this ninety days, the temperature within the storage room must be maintained at thirty-seven and nine-tenths degrees Fahrenheit or less.

(b) The shipment consists of regulated commodities, which have undergone cold treatment for a continuous period of forty days or more. During this forty days, the temperature within the storage room must be maintained at thirty-two degrees Fahrenheit or less.

(c) Each lot or shipment consists of repacked fruit, which was grown outside the area under quarantine and has been identity maintained while within the area under quarantine. For repacked fruit, the certificate must show the following information:

(i) State in which the fruit was grown;

(ii) Point of repacking and reshipment;

(iii) Amount and kind of commodities comprising the lot or shipment; and

(iv) Names and addresses of the shipper and consignee.

(2) The fruit originated outside the area under quarantine for plum curculio and is a reshipment in original, unopened containers. The containers must each bear labels or other identifying marks evidencing origin outside the area under quarantine.

(3) The shipment consists of fresh fruit from Utah counties where plum curculio is established and is made in compliance with terms of a permit agreed upon by both the Utah and Washington plant protection organizations.

(4) The shipment consists of fresh fruit from Utah counties where plum curculio is not established, and all of the following conditions are complied with:

(a) The Utah plant protection organization has conducted an adequate plum curculio detection program, which includes immediate written notification to the department of detections in counties where plum curculio has not previously been detected; and

(b) The Utah plant protection organization certifies that the fruit originated in areas in which plum curculio is not established, was grown in a commercial orchard, and has not been placed under quarantine.

History

Statutory Authority: RCW 17.24.011, 17.24.041, and chapter 34.05 RCW. WSR 16-24-028, § 16-470-127, filed 11/30/16, effective 1/1/17. Statutory Authority: Chapter 17.24 RCW. WSR 01-14-075, § 16-470-127, filed 7/3/01, effective 8/3/01.

Wash. Admin. Code § 16-470-130 Special permits for fresh fruit transport and distribution.

The director may issue special permits admitting, or allowing transportation and distribution of, regulated commodities described in WAC 16-470-111(1) and 16-470-125(2), which would not otherwise be eligible for entry from the area under quarantine, or for transportation or distribution, subject to conditions and provisions which the director may prescribe to prevent introduction, escape or spread of the quarantined pests.

History

Statutory Authority: RCW 17.24.011, 17.24.041, and chapter 34.05 RCW. WSR 16-24-028, § 16-470-130, filed 11/30/16, effective 1/1/17. Statutory Authority: Chapter 17.24 RCW. WSR 01-14-075, § 16-470-130, filed 7/3/01, effective 8/3/01
WSR 84-10-039 (Order 1822), § 16-470-130, filed 5/1/84, effective 7/1/84.

Wash. Admin. Code § 16-470-300 Quarantine—Onion white rot disease.

Onion white rot is a potentially devastating disease of onions and closely related species, which can greatly decrease yields and reduce storage quality. It is spread primarily by movement of contaminated water, soil, equipment, tools, and machinery, and by infested onion plants and plant parts. Onion white rot disease is caused by the fungus Sclerotium cepivorum. Once a field is infested, the fungus remains indefinitely in the soil. The director finds that onion white rot disease is detrimental to the onion industry of Washington and establishes a quarantine to prevent introduction and spread of the disease into noninfested areas of the state.

History

Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 09-17-099, § 16-470-300, filed 8/18/09, effective 9/18/09. Statutory Authority: Chapter 17.24 RCW. WSR 01-01-013, § 16-470-300, filed 12/6/00, effective 1/6/01
WSR 86-07-020 (Order 1881), § 16-470-300, filed 3/12/86
WSR 85-20-043 (Order 1873), § 16-470-300, filed 9/25/85.

Wash. Admin. Code § 16-470-305 Onion white rot disease—Definitions.

The following definitions apply to WAC 16-470-300 through 16-470-340:

(1) "Onion" means any plant of the Allium genus, including, but not limited to onion, garlic, leek, chive and shallots.

(2) "Pest-free area" means Adams, Benton, Franklin, Grant, and Klickitat counties.

History

Statutory Authority: RCW 17.24.041 and chapter 34.05 RCW. WSR 13-03-009, § 16-470-305, filed 1/3/13, effective 2/3/13. Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 09-17-099, § 16-470-305, filed 8/18/09, effective 9/18/09. Statutory Authority: Chapter 17.24 RCW. WSR 01-01-013, § 16-470-305, filed 12/6/00, effective 1/6/01.

Wash. Admin. Code § 16-470-310 Onion white rot disease—Area under order.

The area under quarantine for onion white rot disease is all states of the United States and all areas of Washington outside of the pest-free area.

History

Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 09-17-099, § 16-470-310, filed 8/18/09, effective 9/18/09. Statutory Authority: Chapter 17.24 RCW. WSR 01-01-013, § 16-470-310, filed 12/6/00, effective 1/6/01
WSR 85-20-043 (Order 1873), § 16-470-310, filed 9/25/85.

Wash. Admin. Code § 16-470-320 Onion white rot disease—Restrictions—Control—Prevention—Sanitation.

(1) No person shall transport onion bulbs, sets or seedlings into the pest-free area for the purpose of planting or propagation, except those that are certified free of onion white rot disease by the plant protection organization of the state of origin.

(2) Except as provided in this chapter, no person shall bring machinery, tools, or equipment, previously used in onion production, into the pest-free area unless the machinery, tools, or equipment have been cleaned and sanitized prior to movement into the pest-free area. Cleaning must include the thorough removal of all soil and debris followed by sanitization with steam under pressure or other methods approved by the department.

(3) Livestock which have been pastured on fields infested with Sclerotium cepivorum or which have been fed white rot infested plant parts may not be transported into the pest-free area. Onion plants or plant parts may not be transported into the pest-free area for livestock feed. No restrictions are imposed by this section on livestock moving to feed lots, sale yards, or exhibition sites (such as fairgrounds, shows, etc.) in the pest-free area.

History

Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 09-17-099, § 16-470-320, filed 8/18/09, effective 9/18/09. Statutory Authority: Chapter 17.24 RCW. WSR 01-01-013, § 16-470-320, filed 12/6/00, effective 1/6/01
WSR 85-20-043 (Order 1873), § 16-470-320, filed 9/25/85.

Wash. Admin. Code § 16-470-330 Onion white rot disease—Enforcement.

(1) The department may inspect any onion plant, plant part, or plantings within the pest-free area to determine whether Sclerotium cepivorum is present. If Sclerotium cepivorum is detected at any stage of production or transportation or in soil, the department may impound any infested onions or other articles and by written order direct the control and eradication of an infestation.

(2) Movement of infested onions or other articles within the pest-free area or removal of infested onions or other articles from the pest-free area is prohibited, except when the infested onions or other articles are accompanied by a written permit issued by the department. Requests for permits must be addressed to: Plant Services Program Manager, Plant Protection Division, Washington State Department of Agriculture, 1111 Washington St. S.E., P.O. Box 42560, Olympia, WA 98504-2560; fax 360-902-2094; email: nursery@agr.wa.gov.

(3) Control and eradication methods that may be used are limited to those approved by the department. They may include:

(a) Destroying onions from an infested lot, bin, or location, and other infested articles;

(b) Prohibiting the production of onions in part or all of any infested area;

(d) Prohibiting the pasturing of animals on any infested area;

(e) Requiring equipment, tools and machinery used on an infested area be cleaned and sanitized as described in WAC 16-470-320 prior to removal from the area.

History

Statutory Authority: RCW 17.24.041 and chapter 34.05 RCW. WSR 13-03-009, § 16-470-330, filed 1/3/13, effective 2/3/13. Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 09-17-099, § 16-470-330, filed 8/18/09, effective 9/18/09. Statutory Authority: Chapter 17.24 RCW. WSR 01-01-013, § 16-470-330, filed 12/6/00, effective 1/6/01
WSR 85-20-043 (Order 1873), § 16-470-330, filed 9/25/85.

Wash. Admin. Code § 16-470-340 Onion white rot disease—Research.

The department may, with the consent of the owner, allow use of an infested growing area as an experimental plot by Washington State University for onion white rot research. Use of the growing area for research shall be subject to the prior written approval of the department.

History

Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 09-17-099, § 16-470-340, filed 8/18/09, effective 9/18/09. Statutory Authority: Chapter 17.24 RCW. WSR 85-20-043 (Order 1873), § 16-470-340, filed 9/25/85.

Wash. Admin. Code § 16-470-400 Quarantine—Chestnut.

The director finds that chestnut pests not known to occur in Washington may be detrimental to the chestnut industry of Washington state and a quarantine is established to prevent the introduction of designated chestnut pests into Washington state.

History

Statutory Authority: Chapter 17.24 RCW. WSR 85-21-003 (Order 1875), § 16-470-400, filed 10/3/85.

Wash. Admin. Code § 16-470-410 Chestnut—Area under quarantine.

The area under quarantine for designated chestnut pests includes all states and districts of the United States.

History

Statutory Authority: Chapter 17.24 RCW. WSR 85-21-003 (Order 1875), § 16-470-410, filed 10/3/85.

Wash. Admin. Code § 16-470-420 Chestnut—Pests.

The following are designated chestnut pests: Chestnut bark disease (Endothia parasitica); large chestnut weevil (Curculio caryatrypes); small chestnut weevil (Curculio sayi); nut curculio (Conotrachelus carinifer); and the oriental chestnut gall wasp (Dryocosmus kuriphilus).

History

Statutory Authority: Chapter 17.24 RCW. WSR 85-21-003 (Order 1875), § 16-470-420, filed 10/3/85.

Wash. Admin. Code § 16-470-430 Chestnut pests—Hosts and carriers—Commodities under quarantine.

Commodities under quarantine are all known carriers of designated pests listed in WAC 16-470-420, including but not limited to all species and varieties of chestnut (Castanea spp.) and chinquapin (Castanopsis spp.) trees, plants and parts thereof including grafts, cuttings, scions, nuts, logs and firewood.

History

Statutory Authority: Chapter 17.24 RCW. WSR 85-21-003 (Order 1875), § 16-470-430, filed 10/3/85.

Wash. Admin. Code § 16-470-440 Chestnut quarantine—Restrictions—Requirements.

Commodities under quarantine for designated chestnut pests are prohibited entry into Washington state from areas under quarantine (see WAC 16-470-410) except as provided below:

(1) Commodities under quarantine produced in Arizona, California, Idaho, Nevada, Oregon and Utah may be shipped into Washington state: Provided, That each shipment is identified by proper origin certification stating the shipment originated in that state.

(2) Commodities under quarantine produced in any area of Montana, Wyoming, Colorado, New Mexico, or any states east thereof may be shipped into Washington state: Provided, That each shipment is accompanied by a certificate bearing original or facsimile signature of the authorized agricultural official affirming that chestnut bark disease, large chestnut weevil, small chestnut weevil, nut curculio, and oriental chestnut gall wasp are not known to occur within the production area of the origin state.

(3) Commodities under quarantine produced in any area where chestnut bark disease, large chestnut weevil, small chestnut weevil, nut curculio, and oriental chestnut gall wasp are known to occur may be shipped into Washington state: Provided, That the commodities under quarantine have been treated in a manner recommended by the origin department of agriculture or university extension service and approved by the department. Each shipment shall be accompanied by a certificate bearing the original or facsimile signature of the authorized agricultural official stating the commodity is free from quarantined pests, and stating in detail the treatment used.

(4) No restrictions are placed on the nuts of all species and varieties of chestnut and chinquapin that are grown in and imported from foreign countries as regulated by the United States Department of Agriculture and reshipped into Washington state when shipped in unopened, original containers.

(5) In addition to all other penalties prescribed in WAC 16-470-015, all host material listed in WAC 16-470-430 entering Washington state in violation of this quarantine will immediately be shipped out of Washington or destroyed by the person or persons in possession of the material in a manner approved by the department at no cost to the department.

History

Statutory Authority: Chapter 17.24 RCW. WSR 85-21-003 (Order 1875), § 16-470-440, filed 10/3/85.

Wash. Admin. Code § 16-470-700 Quarantine—Japanese beetle.

A quarantine is established under this chapter against all live life stages of the insect pest Japanese beetle (Popillia japonica Newman), a member of the family Scarabaeidae. The Japanese beetle is a persistent, serious, and highly destructive pest, attacking the roots, leaves, and fruits of over 300 kinds of plants including fruit trees, ornamentals, and field and vegetable crops. The director of agriculture has determined that the regulation and exclusion of Japanese beetle is necessary to protect the environmental quality, forests, horticulture, floriculture, and agricultural crops of the state of Washington.

History

Statutory Authority: RCW 17.24.011 and 17.24.041. WSR 22-17-068, § 16-470-700, filed 8/15/22, effective 9/15/22. Statutory Authority: Chapter 17.24 RCW. WSR 00-23-098, § 16-470-700, filed 11/21/00, effective 12/22/00
WSR 90-15-042 (Order 2049), § 16-470-700, filed 7/16/90, effective 8/16/90.

Wash. Admin. Code § 16-470-705 Areas under quarantine.

(1) Exterior: The entire states of Alabama, Arkansas, Colorado, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, the District of Columbia, the Provinces of Ontario and Quebec, and any other state, province, parish, or county where infestations of Japanese beetle are detected are declared to be under quarantine for Japanese beetle.

(a) The director may exempt individual counties of the states under quarantine from meeting the conditions in WAC 16-470-715 if the director determines that:

(i) The state has adopted and is enforcing restrictions on the interstate and intrastate movement of regulated articles that are equivalent to or exceed the restrictions placed on the movement of regulated articles as provided in WAC 16-470-715; and

(ii) Annual surveys are conducted in such counties and the results of these surveys are negative for Japanese beetle; and

(iii) One or more neighboring counties are not subject to an unacceptable heavy Japanese beetle infestation.

(b) A plant health official of any state may request exemption of one or more counties under this subsection. The request must be in writing, and it must state the area surveyed, the survey method, personnel conducting the survey, and dates of any previous Japanese beetle infestations in that county.

(2) Interior: Within the state of Washington, those areas where infestations of Japanese beetle exist are declared to be under quarantine. These areas include the portion of Yakima and Benton counties designated as follows: Beginning within Yakima County at latitude N46°19'54" and longitude W120°09'12"; thence easterly to latitude N46°19'51" and longitude W119°55'24"; thence northerly to latitude N46°20'43" and longitude W119°55'23"; thence easterly to latitude N46°20'42" and longitude W119°52'53"; thence southerly to N46°19'50" and longitude W119°52'53"; thence easterly across the Yakima-Benton County line to latitude N46°19'50"; and longitude W119°51'38" southerly to latitude N46°18'57" and longitude W119°51'39"; thence easterly to latitude N46°18'57" and longitude W119°50'24"; thence southerly to latitude N46°16'21" and longitude W119°50'25"; thence easterly to latitude N46°16'20" and longitude W119°49'10"; thence southerly to latitude N46°15'28" and longitude W119°49'11"; thence easterly to latitude N46°15'28" and longitude W119°47'56"; thence southerly to latitude N46°14'35" and longitude W119°47'56"; thence westerly to latitude N46°14'36" and longitude W119°49'12"; thence southerly to latitude N46°13'44" and longitude W119°49'12"; thence easterly to N46°13'43" and longitude W119°47'57"; thence southerly to latitude N46°12'51" and longitude W119°47'58"; thence westerly to latitude N46°12'52" and longitude W119°50'28"; thence southerly to latitude N46°11'60" and longitude W119°50'29"; thence westerly to latitude N46°12'00" and longitude W119°51'44"; thence southerly to latitude N46°11'08" and longitude W119°51'44"; thence westerly to latitude N46°11'11" and longitude W120°01'55"; thence northerly and easterly along the Yakama Nation Reservation boundary line; thence northerly and turning westerly along the Yakama Nation Reservation boundary to latitude N46°18'42" and longitude W120°07'57"; then northerly to latitude N46°19'02" and longitude W120°07'57"; then westerly to latitude N46°19'02" and longitude W120°08'42"; thence northerly and westerly and turning southerly along the Yakama Nation Reservation boundary to latitude N46°19'02" and longitude W120°09'00"; thence westerly to latitude N46°19'02" and longitude W120°09'12"; thence northerly to the point of beginning.

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History

Statutory Authority: RCW 17.24.011 and 17.24.041. WSR 24-17-053, § 16-470-705, filed 8/15/24, effective 9/15/24
WSR 22-17-068, § 16-470-705, filed 8/15/22, effective 9/15/22. Statutory Authority: Chapter 17.24 RCW. WSR 00-23-098, § 16-470-705, filed 11/21/00, effective 12/22/00
WSR 90-15-042 (Order 2049), § 16-470-705, filed 7/16/90, effective 8/16/90.

Wash. Admin. Code § 16-470-710 Regulated articles.

The following are declared to be hosts or possible carriers of Japanese beetle and are regulated articles under the Japanese beetle quarantine:

(1) The upper eight inches of topsoil containing vegetative material from all properties including, but not limited to, residential, agricultural, and commercial properties (including construction sites);

(2) Humus and compost (except when produced commercially), growing media (except when commercially packaged), and soil samples;

(3) Yard debris, meaning plant material commonly created in the course of maintaining yards and gardens and through horticulture, gardening, landscaping, or similar activities. Yard debris includes, but is not limited to, grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, and vegetable garden debris;

(4) Plants for planting and propagation, except when dormant and bareroot and free from soil or growing media, including:

(a) All plants with roots;

(b) Plant crowns or roots;

(d) Corms;

(e) Tubers; and

(f) Rhizomes;

(5) Turfgrass (sod);

(6) Hop bines and unshucked corn ears harvested during the Japanese beetle adult flight season (May 15th through October 15th);

(7) Cut flowers for decorative purposes, including those exposed to open air environments during their harvest, transportation, or trade; and

(8) Any other plant, plant part, article, or means of conveyance when it is determined by the director to present a hazard of spreading live Japanese beetle due to either infestation, or exposure to infestation.

History

Statutory Authority: RCW 17.24.011 and 17.24.041. WSR 24-17-053, § 16-470-710, filed 8/15/24, effective 9/15/24
WSR 22-17-068, § 16-470-710, filed 8/15/22, effective 9/15/22. Statutory Authority: Chapter 17.24 RCW. WSR 00-23-098, § 16-470-710, filed 11/21/00, effective 12/22/00
WSR 90-15-042 (Order 2049), § 16-470-710, filed 7/16/90, effective 8/16/90.

Wash. Admin. Code § 16-470-711 Signage requirements.

Any business selling regulated articles under WAC 16-470-710 (4) or (7) which is located within the interior quarantine area (see WAC 16-470-705(2)) must post signage which is clearly visible at all business entrances, as well as points of sale and aisles in areas where these regulated articles are being sold. Businesses must use signage developed by or approved by the department, which must clearly state that regulated articles purchased cannot be transported outside of the quarantine area. Signs may be found on the department's website at http://agr.wa.gov/beetles and must be a minimum of 8.5" x 11" in size.

History

Statutory Authority: RCW 17.24.011 and 17.24.041. WSR 24-17-053, § 16-470-711, filed 8/15/24, effective 9/15/24.

Wash. Admin. Code § 16-470-715 Conditions governing the movement of regulated articles into Washington state from external quarantine areas.

Regulated articles are prohibited entry into this state from a state or other area under quarantine listed in WAC 16-470-705(1), either directly, indirectly, diverted or reconsigned, except as provided for below.

(1) Prior notification is required. Persons shipping regulated articles as specified in WAC 16-470-710 into this state from areas within the external quarantine must notify the department's plant services program by sending via email to nursery@agr.wa.gov or other method approved by the department, a copy of the applicable phytosanitary certificate as described in subsection (2) of this section for each shipment. The phytosanitary certificate must state the nature and quantity of the shipment, the name of the intended receiver, and the destination. The person to whom the commodities are shipped must hold the shipment until it is inspected and released by the department.

(2) Each shipment of regulated articles must be accompanied by a phytosanitary certificate from the state of origin certifying that the commodity, soil, or means of conveyance is treated with methods and procedures approved and prescribed by the director. Approved methods and procedures include those specified in the National Plant Board U.S. Domestic Japanese Beetle Harmonization Plan Appendix 1. Shipment to Category 1 States, as amended June 20, 2016. A copy of this plan can be accessed at https://agr.wa.gov/beetles.

(3) Privately owned houseplants grown indoors may be allowed entry into this state if a department official inspects the plants and determines that they are free from Japanese beetle.

History

Statutory Authority: RCW 17.24.011 and 17.24.041. WSR 22-17-068, § 16-470-715, filed 8/15/22, effective 9/15/22. Statutory Authority: Chapter 17.24 RCW. WSR 00-23-098, § 16-470-715, filed 11/21/00, effective 12/22/00
WSR 90-15-042 (Order 2049), § 16-470-715, filed 7/16/90, effective 8/16/90.

Wash. Admin. Code § 16-470-717 Conditions governing the movement of regulated articles from internal quarantined areas.

Regulated articles within the state of Washington quarantined areas are prohibited from moving outside the quarantined area (from all properties, including commercial and private properties), except as provided for below:

(1) The upper eight inches of topsoil containing vegetative material from all properties; humus and compost (except when produced commercially), growing media (except when commercially packaged), and soil samples, may be allowed to move from the quarantine area if they are first treated by one of the following methods. Treatments must be monitored by the department for compliance.

(a) Steam heated to a temperature of 140 degrees Fahrenheit for one hour, to kill all life stages of Japanese beetle;

(b) Soil samples may be transported to a laboratory for testing outside of the quarantine area if they are securely double bagged and clearly labeled with the following statement, "This soil sample originates from a Japanese beetle quarantine area. Sample must either be securely double bagged prior to disposal or incinerated." Laboratories located within Washington state that are receiving soil samples originating from the quarantine area must either securely double bag the samples prior to disposal or incinerate the samples.

(2) Yard debris may be allowed to move from the quarantine area if it is first treated by one of the following methods. Treatments must be monitored by the department for compliance.

(a) Steam heated to a temperature of 140 degrees Fahrenheit for one hour, to kill all life stages of Japanese beetle;

(b) When consisting solely of woody materials containing no soil, yard debris may be chipped to a screen size of one inch in two dimensions or smaller during the Japanese beetle adult flight season (May 15th through October 15th). Woody material containing no soil can be moved outside of the Japanese beetle adult flight season without chipping;

(3) Plants for planting and propagation (except when dormant and bareroot and free from soil or growing media), all plants with roots, plant crowns or roots, bulbs, corms, tubers and rhizomes, and turfgrass (sod) may be allowed to move from the quarantine area if each shipment complies with one of the treatment or inspection requirements detailed under (a) through (f) of this subsection. Before the shipment moves outside the quarantined area, the shipment must be approved by the department. Approval will be documented by the issuance of a certificate of treatment or inspection when the department determines that the shipment is in compliance with the treatment or inspection requirements. The certificate must accompany the shipment while the shipment is in transit. Treated plants must be safeguarded from reinfestation prior to shipping. Plants shipped dormant and bareroot with no soil or growing media attached are exempt from these requirements, and should be identified as bareroot on shipping documents.

(a) Production in an approved Japanese beetle free greenhouse/screenhouse. All the following criteria apply to be approved as a Japanese beetle free greenhouse/screenhouse. All media must be sterilized and free of soil. All planting stock must be free of soil (bareroot) before planting into the approved medium. The potted plants must be maintained within the greenhouse/screenhouse during the entire adult flight period (May 15th through October 15th). During the adult flight period, the greenhouse/screenhouse must be made secure so that adult Japanese beetles cannot enter. Such security measures must be approved by the department. No Japanese beetle contaminated material shall be allowed into the secured area at any time. The greenhouse/screenhouse will be officially inspected by the department for the presence of all life stages of Japanese beetle and must be specifically approved as a secure area. The plants and their growing medium must be appropriately protected from subsequent infestation while being stored, packed, and shipped. Certified greenhouse/screenhouse nursery stock may not be transported into or through any infested areas unless identity is preserved and adequate safeguards are applied to prevent possible infestation. Each greenhouse/screenhouse operation must be approved by the department as having met and maintained the above criteria. The certificate accompanying the plants shall bear the following additional declaration: "The rooted plants (or crowns) were produced in an approved Japanese beetle free greenhouse or screenhouse and were grown in sterile, soilless media."

(b) Production during a pest free window. The entire rooted plant production cycle (planting, growth, harvest, and shipping) will be completed within a pest free window (October 16th through May 14th), in clean containers with sterilized and soilless growing medium, and shipment will occur outside the adult Japanese beetle flight period (May 15th through October 15th). The accompanying phytosanitary certificate shall bear the following additional declaration: "These plants were produced outside the Japanese beetle flight season and were grown in sterile, soilless media."

(c) Application of approved regulatory treatments. All treatments will be performed under direct supervision of the department or under a compliance agreement. Treatments and procedures under a compliance agreement will be monitored throughout the season. State phytosanitary certificates listing and verifying the treatment used must accompany the shipment. Note that not all treatments or methods approved in the U.S. Domestic Japanese Beetle Harmonization Plan are acceptable for use within Washington state. The phytosanitary certificate shall bear the following additional declaration: "The rooted plants are in soilless media and were treated to control Popillia japonica according to the criteria for shipment to Category 1 states as provided in the U.S. Domestic Japanese Beetle Harmonization Plan and Washington state's Japanese beetle quarantine."

(d) Dip treatment - Not an approved treatment.

(e) Drench treatments - Container plants only. Not approved for ornamental grasses or sedges. Not approved for field potted plants. Potting media used must be sterile and soilless, containers must be clean. Only containerized nursery stock with rootballs 12 inches in diameter or smaller and free from field soil are eligible. This is a prophylactic treatment protocol targeting eggs and early first instar larvae. If the containers are exposed to a second flight season, they must be retreated with an approved insecticide. Chemicals approved for drench treatments of container plants under this protocol can be found in the Japanese Beetle National Harmonization Plan for shipping to a Category 1 state, and must be labeled for use in Washington state.

(f) Media (granule) incorporation - Container plants only. Not approved for ornamental grasses or sedges. Only containerized nursery stock with rootballs 12 inches in diameter or smaller, planted in approved growing media, and free from field soil are eligible. Plants grown in field soil and then potted into soilless container substrates are not eligible for certification using this protocol, unless all field soil is removed from the roots so plants are bareroot at the time of potting. All pesticides used for media incorporation must be mixed thoroughly into the media before potting and plants should be watered at least two times following media incorporation before shipment can begin. Approved growing media used must be free from soil and consist of synthetic or other substances (other than soil) used singly or in combinations. Examples of approved growing media include conifer bark, hardwood bark, expanded or baked clay pellets, expanded polystyrene beads, floral foam, ground coconut husk, ground cocoa pods, ground coffee hulls, ground rice husk, peat, perlite, pumice, recycled paper, rock wool, sawdust, sphagnum, styrofoam, synthetic sponge, vermiculite, and volcanic ash or cinder. The media shall contain only substances that were not used previously for growing plants or other agricultural purposes. It must be free of plant pests, sand, and related matter, and safeguarded in such a manner as to prevent the introduction of all life stages of Japanese beetle to the media. The granules must be incorporated into the media before potting. Plants being stepped up into treated potting media must first have undergone an approved drench treatment to eliminate any untreated volume of potting medium. This treatment protocol targets eggs and early first instar larvae and allows for certification of plants that have been exposed to only one flight season after application. If the containers are to be exposed to a second flight season, they must be repotted with a granular incorporated mix or retreated using one of the approved drench treatments. Chemicals approved for media (granule) incorporation for container plants under this protocol can be found in the Japanese Beetle National Harmonization Plan for shipping to a Category 1 state, and must be labeled for use in Washington state.

(4) Hop bines and unshucked corn ears: Fields where hops or corn (intended to be shipped unshucked) are planted must be trapped and monitored by the department and found free of Japanese beetle for the entire adult flight period (May 15th through October 15th), or from the date of planting up to the date of harvest if both dates are within the flight period. Fields that are not sufficiently trapped will not be considered free from Japanese beetle. If the field is found free of Japanese beetle by the department, bines and unshucked corn ears may be moved outside the quarantined area. If the department determines there is evidence of Japanese beetle presence, bines and unshucked corn ears must be treated prior to harvest or movement by a method approved by the director in advance. All shipments of hop bines and unshucked corn ears to areas outside the quarantined area must be accompanied by a compliance document issued by the department stating the field of origin and destination addresses. If a shipment is found to contain Japanese beetles, any further shipments from that field must be in vehicles sufficiently closed/covered to prevent reinfestation after treatment.

(5) Cut flowers for decorative purposes: All shipments of cut flowers grown in the quarantined area, to areas outside the quarantined area must be accompanied by a compliance document issued by the department stating the field of origin and destination address. If a shipment is found to contain Japanese beetles, any further shipments from that field must be in vehicles sufficiently closed/covered to prevent reinfestation after treatment.

History

Statutory Authority: RCW 17.24.011 and 17.24.041. WSR 24-17-053, § 16-470-717, filed 8/15/24, effective 9/15/24
WSR 22-17-068, § 16-470-717, filed 8/15/22, effective 9/15/22.

Wash. Admin. Code § 16-470-720 Compliance agreements.

The director may issue compliance agreements as defined in RCW 15.13.250, admitting regulated articles specified in WAC 16-470-710, from areas within the external or internal quarantine, that are not otherwise eligible for entry or movement from the area under quarantine. Compliance agreements will include conditions and provisions which the director may prescribe to prevent the introduction, escape, or spread of Japanese beetle.

History

Statutory Authority: RCW 17.24.011 and 17.24.041. WSR 22-17-068, § 16-470-720, filed 8/15/22, effective 9/15/22. Statutory Authority: Chapter 17.24 RCW. WSR 00-23-098, § 16-470-720, filed 11/21/00, effective 12/22/00
WSR 90-15-042 (Order 2049), § 16-470-720, filed 7/16/90, effective 8/16/90.

Wash. Admin. Code § 16-470-900 Schedule of fees and charges—Billing policies and procedures.

(1) All billable services provided under chapter 17.24 RCW are due and payable upon billing by the department. For the convenience of established accounts and in accord with good business practices, the department provides a monthly billing. Accounts not paid in full within thirty days of billing are considered delinquent.

(2) All delinquent accounts are assessed a late charge equal to one and one-half percent per month, or portion of a month, on the unpaid balance.

(4) No person with an account ninety days or more in arrears will receive service except on the basis of payment in full at the time service is rendered. Such accounts are not restored to monthly billing status until all past due amounts are paid-in-full. Such accounts may be subject to legal action for collection.

(5) Accounts that become ninety days or more in arrears twice within a five-year period may be subject to a permanent requirement for payment in full at the time service is provided.

History

Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 05-12-111, § 16-470-900, filed 5/31/05, effective 7/1/05. Statutory Authority: Chapter 17.24 RCW. WSR 99-12-035, § 16-470-900, filed 5/26/99, effective 6/26/99
WSR 92-07-023, § 16-470-900, filed 3/10/92, effective 4/10/92.

Wash. Admin. Code § 16-470-905 Schedule of fees and charges—Establishing hourly rates.

(1) Requested services are provided at the applicable hourly rate except as provided in subsection (4) of this section. Services are generally available between 8:00 a.m. and 5:00 p.m. during the workweek, except for on a holiday listed in subsection (2) of this section.

(2) Holidays shall mean New Year's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Thanksgiving Day, the day immediately following Thanksgiving Day, Veteran's Day, Christmas Day, President's Day, and Martin Luther King's Birthday.

(3) Charges are assessed in one-half hour increments, with one-half hour as a minimum.

(4) The department reserves the right to provide service by written agreement at a single, negotiated cost or at a negotiated rate for projects with one of the following characteristics:

(a) Projects requiring multiple periodic inspections and/or certificates; or

(b) Projects requiring field inspections of crops not regulated under chapter 15.13 or 15.14 RCW.

The rate charged shall not be less than the cost to the department of providing the services.

History

Statutory Authority: RCW 15.13.260, 15.13.280, 15.14.015, and 17.24.131. WSR 23-11-012, § 16-470-905, filed 5/5/23, effective 6/5/23. Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 03-10-082, § 16-470-905, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapter 17.24 RCW. WSR 99-12-035, § 16-470-905, filed 5/26/99, effective 6/26/99
WSR 92-07-023, § 16-470-905, filed 3/10/92, effective 4/10/92.

Wash. Admin. Code § 16-470-912 Schedule of fees and charges—Applicable fees and charges.

(1) Hourly rate . . . . $72.50

(2) Laboratory diagnostic services, except as provided in subsection (3) or (4) of this section, are charged at the applicable hourly rate plus materials.

(3) Plant pathology laboratory diagnostic fees:

(a) Nematode assay (plant material). . . . $48.00

(b) Nematode assay (soil). . . . $65.00

. . . . $70.00

| Note: | Fee is for one sample for one specific organism, unless more than one organism can be detected in a single test without additional inputs. | | --- | --- |

(4) The department reserves the right to provide service by written agreement at a single, negotiated cost or at a negotiated rate for projects with at least one of the following characteristics:

(a) Projects greater than 100 samples;

(b) Projects requiring materials not readily available; or

The rate charged shall not be less than the cost to the department of performing the tests.

History

Statutory Authority: RCW 15.13.260, 15.13.280, 15.14.015, and 17.24.131. WSR 23-11-012, § 16-470-912, filed 5/5/23, effective 6/5/23. Statutory Authority: RCW 15.13.260, 15.13.280, 15.14.015, 17.24.131, and chapter 34.05 RCW. WSR 15-21-022, § 16-470-912, filed 10/13/15, effective 12/1/15. Statutory Authority: RCW 17.24.131, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-22-028, § 16-470-912, filed 10/31/12, effective 12/1/12. Statutory Authority: RCW 17.24.021, 17.24.131, chapter 34.05 RCW, and 2009 c 564. WSR 09-23-006, § 16-470-912, filed 11/5/09, effective 1/1/10. Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 07-11-012, § 16-470-912, filed 5/3/07, effective 7/1/07
WSR 06-15-044, § 16-470-912, filed 7/11/06, effective 8/11/06
WSR 05-12-111, § 16-470-912, filed 5/31/05, effective 7/1/05. Statutory Authority: Chapters 17.24, 15.14, and 34.05 RCW. WSR 05-01-180, § 16-470-912, filed 12/21/04, effective 1/21/05. Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 04-17-036, § 16-470-912, filed 8/10/04, effective 9/10/04. Statutory Authority: Chapters 15.13, 15.14, 17.24, and 34.05 RCW. WSR 03-21-166, § 16-470-912, filed 10/22/03, effective 11/22/03. Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 03-10-082, § 16-470-912, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 17.24 and 15.14 RCW. WSR 01-11-033, § 16-470-912, filed 5/8/01, effective 6/8/01.

Wash. Admin. Code § 16-470-917 Schedule of fees and charges—Fees for post entry inspection services.

(1) Post entry site inspection, permit review and approval and subsequent inspections of post entry plant materials are provided at the applicable hourly rate.

(2) Post entry inspection fees may be waived for state universities, United States Department of Agriculture researchers, and other public entities.

History

Statutory Authority: RCW 15.13.260, 15.13.280, 15.14.015, and 17.24.131. WSR 23-11-012, § 16-470-917, filed 5/5/23, effective 6/5/23. Statutory Authority: RCW 15.13.260, 15.13.280, 15.14.015, 17.24.131, and chapter 34.05 RCW. WSR 15-21-022, § 16-470-917, filed 10/13/15, effective 12/1/15. Statutory Authority: RCW 17.24.131, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-22-028, § 16-470-917, filed 10/31/12, effective 12/1/12. Statutory Authority: RCW 17.24.021, 17.24.131, chapter 34.05 RCW, and 2009 c 564. WSR 09-23-006, § 16-470-917, filed 11/5/09, effective 1/1/10. Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 07-11-012, § 16-470-917, filed 5/3/07, effective 7/1/07
WSR 06-15-044, § 16-470-917, filed 7/11/06, effective 8/11/06
WSR 05-12-111, § 16-470-917, filed 5/31/05, effective 7/1/05
WSR 04-17-036, § 16-470-917, filed 8/10/04, effective 9/10/04. Statutory Authority: Chapters 15.13, 15.14, 17.24, and 34.05 RCW. WSR 03-21-166, § 16-470-917, filed 10/22/03, effective 11/22/03. Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 03-10-082, § 16-470-917, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 17.24 and 15.14 RCW. WSR 01-11-033, § 16-470-917, filed 5/8/01, effective 6/8/01.

Wash. Admin. Code § 16-470-921 Schedule of fees and charges—Miscellaneous fees.

(1) Mileage at the established office of financial management rate, per diem and other authorized travel expenses at actual cost, and travel time at the applicable hourly rate may be assessed for requested inspections or post entry inspections that are not a part of a regular work schedule. Such charges may be prorated among applicants if more than one applicant is provided service during a workday or trip when per diem is applicable.

(2) Postage, special handling services and other miscellaneous costs exceeding five dollars will be charged back to the applicant at the actual cost.

(3) Certificates of inspection, phytosanitary certificates, and other official documents will be provided to the applicant subject to the charges and conditions established below:

| Fee or Charge: | | | --- | --- | | Each phytosanitary certificate issued to a nonnursery | $26.00 | | Compliance agreement | $72.50 |

History

Statutory Authority: RCW 15.13.260, 15.13.280, 15.14.015, and 17.24.131. WSR 23-11-012, § 16-470-921, filed 5/5/23, effective 6/5/23. Statutory Authority: RCW 15.13.260, 15.13.280, 15.14.015, 17.24.131, and chapter 34.05 RCW. WSR 15-21-022, § 16-470-921, filed 10/13/15, effective 12/1/15. Statutory Authority: RCW 17.24.131, 2012 2nd sp.s. c 7, and chapter 34.05 RCW. WSR 12-22-028, § 16-470-921, filed 10/31/12, effective 12/1/12. Statutory Authority: RCW 17.24.021, 17.24.131, chapter 34.05 RCW, and 2009 c 564. WSR 09-23-006, § 16-470-921, filed 11/5/09, effective 1/1/10. Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 03-10-082, § 16-470-921, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 17.24 and 15.14 RCW. WSR 01-11-033, § 16-470-921, filed 5/8/01, effective 6/8/01. Statutory Authority: Chapter 17.24 RCW. WSR 99-12-035, § 16-470-921, filed 5/26/99, effective 6/26/99.

Chapter 16-472 Barberry and black stem rust.

Wash. Admin. Code § 16-472-010 Establishing quarantine—Promulgation.

The common barberry, (Berberis vulgaris) and many of its horticultural varieties as well as certain other species of Berberis, Mahonia, and Mahoberberis are the alternate host plants of the disease black stem rust, caused by the organism Puccinia graminis. Black stem rust attacks wheat, oats, barley, rye, and many other cultivated and wild grasses, often resulting in material financial loss to growers of these crops in Washington. Without access to alternate host plants, Puccinia graminis cannot reproduce, and black stem rust is eliminated or greatly decreased. The director of agriculture, under authority granted by chapters 17.24, 15.13 and 15.08 RCW, has determined that the regulation and exclusion of rust susceptible varieties of barberry and related Berberis, Mahonia, and Mahoberberis species is necessary to protect agricultural crops of the state of Washington.

History

Statutory Authority: Chapters 17.24, 15.13, and 15.08 RCW. WSR 00-20-069, § 16-472-010, filed 10/3/00, effective 11/3/00
Order 556, effective 9/1/49.

Wash. Admin. Code § 16-472-020 Duty to destroy rust susceptible barberry bushes.

(1) Persons owning or controlling public or private lands in Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, or Yakima counties are required to destroy all rust-susceptible barberry bushes and to keep the land free from such plants.

(2) No person who is or should be licensed as a nursery dealer under provisions of chapter 15.13 RCW may sell, offer for sale, ship or grow any rust susceptible variety of barberry or related Berberis, Mahonia, and Mahoberberis species, as defined in 7 C.F.R. 301.38-2.

History

Statutory Authority: Chapters 17.24, 15.13, and 15.08 RCW. WSR 00-20-069, § 16-472-020, filed 10/3/00, effective 11/3/00
Order 556, effective 9/1/49.

Wash. Admin. Code § 16-472-030 This rule does not apply to rust-resistant Berberis, Mahonia, and Mahoberberis plants or seeds.

No restrictions are placed by this rule on the growing or intrastate movement of rust-resistant Berberis, Mahonia, and Mahoberberis plants, plant parts or seeds, as defined in United States Department of Agriculture Animal and Plant Health Inspection Service regulations in 7 C.F.R. 301.38-2.

This rule does not apply to cuttings (without roots) of Mahonia shipped for decorative purposes and not for propagation.

History

Statutory Authority: Chapters 17.24, 15.13, and 15.08 RCW. WSR 00-20-069, § 16-472-030, filed 10/3/00, effective 11/3/00
Order 556, effective 9/1/49.

Wash. Admin. Code § 16-472-040 All packages to be plainly labelled or stamped.

(1) All intrastate and interstate shipments and/or individual packages of Berberis, Mahonia or Mahoberberis plants, seeds, or parts capable of propagation must be plainly labelled or stamped on the outside of the package with botanical species or horticultural variety and the name and address of the consignee and consignor. In addition, when required by federal regulations in 7 C.F.R. 301.38, each shipment and/or individual package containing Berberis, Mahonia or Mahoberberis plants or seeds must have securely attached to the outside, a valid shipping permit issued by the United States Department of Agriculture authorizing its interstate movement.

(2) Any Berberis, Mahonia and Mahoberberis plants, plant parts or seeds that are in violation of this barberry and black stem rust quarantine are subject to destruction, shipment out-of-state or other disposition in a manner prescribed by the department. Any such action will be at the expense of the owner or owner's agent and without compensation.

History

Statutory Authority: Chapters 17.24, 15.13, and 15.08 RCW. WSR 00-20-069, § 16-472-040, filed 10/3/00, effective 11/3/00
Order 556, effective 9/1/49.

Chapter 16-473 Lentil anthracnose quarantine.

Wash. Admin. Code § 16-473-001 Promulgation—Establishing quarantine.

The disease anthracnose of lentils (caused by the plant pathogen Colletotrichum truncatum (Schwein)) is potentially devastating to the Washington lentil crop. The disease has become established in central Canada and contiguous lentil growing areas of North Dakota and South Dakota, all of which produce lentil varieties grown in Washington. Anthracnose of lentils is a seed borne disease. In order to prevent its introduction, the director, under authority provided in chapter 17.24 RCW, establishes a quarantine.

History

Statutory Authority: RCW 17.24.041. WSR 97-11-015, § 16-473-001, filed 5/12/97, effective 6/12/97.

Wash. Admin. Code § 16-473-010 Regulated articles.

Regulated articles include lentils used, or intended to be used, as seed.

History

Statutory Authority: RCW 17.24.041. WSR 97-11-015, § 16-473-010, filed 5/12/97, effective 6/12/97.

Wash. Admin. Code § 16-473-015 Quarantine areas.

Quarantine areas are the Canadian provinces of Manitoba, Saskatchewan, and Alberta, the states of North Dakota and South Dakota, and any other states and territories of the United States and foreign countries known to have confirmed the presence of anthracnose of lentils.

History

Statutory Authority: RCW 17.24.041. WSR 97-11-015, § 16-473-015, filed 5/12/97, effective 6/12/97.

Wash. Admin. Code § 16-473-020 Prohibited acts.

The sale, offering to sell, transporting, disposing of, distributing and/or planting of regulated articles as defined in WAC 16-473-010 from or originating in the quarantine area as listed in WAC 16-473-015 is prohibited.

History

Statutory Authority: RCW 17.24.041. WSR 97-11-015, § 16-473-020, filed 5/12/97, effective 6/12/97.

Wash. Admin. Code § 16-473-025 Permits.

The director may allow, by special permit, the transportation, distribution, disposal of or planting of regulated articles, listed in WAC 16-473-010. Such permit shall specify terms and conditions, pursuant to RCW 17.24.041 and 17.24.091. Permits may be requested from the Washington state department of agriculture, plant protection program at telephone number (360) 902-2071.

History

Statutory Authority: RCW 17.24.041. WSR 97-11-015, § 16-473-025, filed 5/12/97, effective 6/12/97.

Chapter 16-474 Eastern filbert blight quarantine.

Wash. Admin. Code § 16-474-001 Eastern filbert blight—Establishing quarantine.

A quarantine is established under chapters 17.24 and 15.13 RCW to protect the Washington hazelnut industry from exotic strains of the eastern filbert blight disease. Eastern filbert blight is a highly infectious plant disease affecting hazelnuts (also called filberts) and closely related species. It is caused by the fungus Anisogramma anomala. Until recently, varieties of hazelnuts grown in the Pacific Northwest were resistant to the local strain of A. anomala. However, more virulent strains of A. anomala have been found in the eastern portion of the United States. If these more virulent, exotic strains are introduced into Washington, the disease resistance of local commercial and ornamental varieties of hazelnuts will decline and may be lost, resulting in potentially devastating economic consequences to growers, loss of ornamental or landscape hazelnut plants, and environmental consequences of removing habitat and food sources for wildlife.

History

Statutory Authority: RCW 17.24.041, 15.13.260 and chapter 34.05 RCW. WSR 13-01-006, § 16-474-001, filed 12/6/12, effective 1/6/13.

Wash. Admin. Code § 16-474-005 Eastern filbert blight—Definitions.

"Department" means the Washington state department of agriculture.

"Eastern filbert blight" means a disease of hazelnut plants caused by the fungus Anisogramma anomala.

"Hazelnut plant" means plants and plant parts of any species in the genus Corylus.

"Micropropagate" means plant propagation using aseptic laboratory techniques and artificial culture medium.

"Pest free area" means an area where eastern filbert blight does not occur, as demonstrated by scientific evidence, and where this condition is being officially maintained.

"Phytosanitary certificate" means a certificate issued by a government agency under authority of state or federal statute, which declares or establishes the pest status of a shipment of plants or plant parts under accepted inspection or sampling procedures. Phytosanitary certificates are patterned after model certificates of the International Pest Protection Convention.

History

Statutory Authority: RCW 17.24.041, 15.13.260 and chapter 34.05 RCW. WSR 13-01-006, § 16-474-005, filed 12/6/12, effective 1/6/13.

Wash. Admin. Code § 16-474-010 Eastern filbert blight—Area under quarantine.

The area under quarantine consists of all states and territories of the United States outside of the state of Washington.

History

Statutory Authority: RCW 17.24.041, 15.13.260 and chapter 34.05 RCW. WSR 13-01-006, § 16-474-010, filed 12/6/12, effective 1/6/13.

Wash. Admin. Code § 16-474-015 Eastern filbert blight—Regulated articles.

All plants and plant parts of any species of the genus Corylus are regulated, except edible nuts that are free of green twigs and other plant debris that may harbor Anisogramma anomala.

History

Statutory Authority: RCW 17.24.041, 15.13.260 and chapter 34.05 RCW. WSR 13-01-006, § 16-474-015, filed 12/6/12, effective 1/6/13.

Wash. Admin. Code § 16-474-020 Eastern filbert blight—Restrictions.

(1) Regulated articles from any area east of the Rocky Mountains, including all of Montana, Wyoming, Colorado, and New Mexico, are prohibited unless accompanied by a phytosanitary certificate with one of the following declarations:

(a) The hazelnut plants originate from a pest free area for eastern filbert blight.

(b) The hazelnut plants are micropropagated and shipped in artificial culture medium in sealed containers.

(2) Regulated articles from any area except the area addressed in subsection (1) of this section must be accompanied by a phytosanitary certificate stating that the hazelnut plants have been inspected by the certifying agency during the last active growing season and found free of eastern filbert blight.

History

Statutory Authority: RCW 17.24.041, 15.13.260 and chapter 34.05 RCW. WSR 13-01-006, § 16-474-020, filed 12/6/12, effective 1/6/13.

Wash. Admin. Code § 16-474-025 Eastern filbert blight—Disposition of articles not in compliance.

The department will refuse admittance into the state of all regulated articles not complying with the requirements of this rule. If regulated articles enter the state in violation of eastern filbert blight quarantine provisions, the owner or the owner's responsible agent will be given the option of destroying the material in a manner that will prevent dissemination of any Anisogramma anomala or immediately sending it out-of-state.

History

Statutory Authority: RCW 17.24.041, 15.13.260 and chapter 34.05 RCW. WSR 13-01-006, § 16-474-025, filed 12/6/12, effective 1/6/13.

Wash. Admin. Code § 16-474-030 Eastern filbert blight—Permits.

The department may issue permits waiving portions of this chapter and specifying conditions under which regulated material may be imported from the quarantine area in the following situations:

(1) The material is Corylus planting stock being imported by Washington State University or USDA for experimental or trial purposes; or

(2) No more than twenty-five plants are being imported by a grower as source material for micropropagation, and these plants will be isolated and held until the department determines them to be free of Anisogramma anomala. As a condition of the permit, the permit holder may be required to hold these source plants in an enclosed facility during the micropropagation process and to destroy them upon its completion.

History

Statutory Authority: RCW 17.24.041, 15.13.260 and chapter 34.05 RCW. WSR 13-01-006, § 16-474-030, filed 12/6/12, effective 1/6/13.

Chapter 16-476 Firewood exterior quarantine.

Wash. Admin. Code § 16-476-001 Establishing an exterior quarantine for firewood.

WAC 16-476-001

Pursuant to chapter 17.24 RCW, a quarantine is established to protect the state of Washington from the introduction of plant pests, including plant diseases, and bee pests transported on firewood from outside the state.

The movement of firewood containing plant pests and bee pests poses a threat to Washington's forests, agriculture, and environment. Eggs, larvae, and adult stages of many invasive insect pests can be carried on or inside firewood and are easily spread when firewood is moved from one location to another. Introductions of these invasive insect pests have destroyed forests and crops and are costly to control. Invasive plant pests that may be transported through firewood include emerald ash borer, spongy moth, Asian longhorned beetle, spotted lanternfly, pine wood nematode, Sirex woodwasp, Japanese cedar longhorn beetle, and other insects and organisms that can directly or indirectly injure or cause disease or damage in plants or parts of plants or in processed, manufactured, or other products of plants, or that can be considered bee pests. The director of the department has determined that it is necessary to establish a quarantine to prevent the introduction of plant pests and bee pests to protect the environmental quality, forests, floriculture, and agricultural crops of the state of Washington.

No person shall transport, by any means, untreated firewood into the state of Washington, for sale or use within the state, from any location outside of the state.

This quarantine and the requirements set forth in this rule do not apply to firewood harvested and remaining within Washington state, compressed wood bricks, pellets, and other processed wood products used for fuel wood uses such as home heating or campfires, and any nonfirewood product or logs for industrial use, such as sawlogs, pulpwood, or wood chips being transported to facilities for processing into lumber, paper, or manufactured wood products.

History

Statutory Authority: RCW 17.24.041, 17.24.011, and chapter 17.24 RCW. WSR 26-06-015, s 16-476-001, filed 2/20/26, effective 8/18/26.

Wash. Admin. Code § 16-476-002 Definitions.

WAC 16-476-002

The definitions set forth in this section shall apply throughout this chapter, unless the context otherwise requires:

(1) "Approved Pest Free" is a labeling standard for firewood harvested outside of Washington state that complies with the provisions of WAC 16-476-003. When firewood is harvested outside of Washington state and is treated in compliance with WAC 16-476-003, it must be labeled "Approved Pest Free" in order to be transported into the state.

(2) "Department" means the Washington state department of agriculture.

(3) "Firewood" means all wood of any species, cut or not cut, split or not split, regardless of length which is:

(a) In a form and size appropriate for use as a fuel; or

(b) Which is destined for use as fuel. Firewood shall not include kiln dried dimensional lumber, and wood that has been chipped to a maximum piece size that is no greater than 1-inch in 2-dimensions. Firewood shall not include logs or wood being transported to or possessed by the following operations and facilities, for use in their primary manufacturing process:

(i) Sawmill for dimensional lumber;

(ii) Pulp and/or paper mills;

(iii) Wood pellet manufacturing facilities;

(iv) Plywood manufacturing facilities;

(v) Wood biomass-using refineries or power plants; and

(vi) Reconstituted wood or wood composite product manufacturing plants.

(4) "Firewood provider" means any person, including a business, that produces firewood for sale, supplies it, or sells firewood.

(5) "Person" means a natural person, individual, firm, partnership, corporation, company, society, or association, and every officer, agent, or employee of any of these entities.

(6) "Phytosanitary certificate" means a certificate issued by a government agency under authority of state or federal statute, which declares or establishes the pest status of a shipment of plants or plant parts under accepted inspection or sampling procedures. Phytosanitary certificates are patterned after model certificates of the International Pest Protection Convention.

(7) "Plant pest" means a living stage of an insect, mite, nematode, slug, snail, or protozoa, or other invertebrate animal, bacteria, fungus, or parasitic plant, or their reproductive parts, or viruses, or an organism similar to or allied with any of the foregoing plant pests, including a genetically engineered organism, or an infectious substance that can directly or indirectly injure or cause disease or damage in plants or parts of plants or in processed, manufactured, or other products of plants.

(8) "Source" means the state from which the firewood was harvested.

(9) "Untreated firewood" means any firewood that has not been treated in accordance with the provisions of WAC 16-476-003.

History

Statutory Authority: RCW 17.24.041, 17.24.011, and chapter 17.24 RCW. WSR 26-06-015, s 16-476-002, filed 2/20/26, effective 8/18/26.

Wash. Admin. Code § 16-476-003 Treatment and labeling requirements for firewood imported into Washington state.

WAC 16-476-003

(1) In order to be transported into Washington state, firewood from outside Washington state must be heat treated to a minimum wood core temperature of 71°C (160°F) for at least 60 minutes or equivalent treatment as approved by the department. Air drying of firewood is insufficient and is not approved by the department. Post treatment firewood must be stored in a manner to minimize potential reinfestation by plant and bee pests.

(2) Firewood that meets the standard in subsection (1) of this section may be transported into Washington state if accompanied by a label that fully states:

(a) The source of the firewood; and

(b) Includes the statement "Approved Pest Free."

(3) Providers of "Approved Pest Free" firewood shall maintain, for at least two years from the date of treatment, records that document the source of the wood, the treatment method, date of treatment, and the volume of firewood treated. When requested, providers of "Approved Pest Free" firewood shall provide such records to the department at no cost. Official phytosanitary certificates from a firewood provider's state department of agriculture or official equivalent may be used to verify the treatment method and volumes of treated firewood produced.

(4) Packaged firewood that has been certified by USDA may also be transported into Washington state. This firewood must be labeled to clearly show it is certified by USDA, as well as contain the producer's name and address.

History

Statutory Authority: RCW 17.24.041, 17.24.011, and chapter 17.24 RCW. WSR 26-06-015, s 16-476-003, filed 2/20/26, effective 8/18/26.

Wash. Admin. Code § 16-476-004 Violations.

WAC 16-476-004

(1) Violators are subject to civil penalties of up to $5,000, per violation, as provided by RCW 17.24.141. Each violation shall be a separate and distinct offense.

(2) If upon inspection, the department finds that firewood is being held or transported in violation of this rule, the department shall notify the owner that a violation of this chapter exists. The director may impound or order impounding the firewood in such a manner as may be necessary to prevent the threat of infestation pursuant to RCW 17.24.091.

History

Statutory Authority: RCW 17.24.041, 17.24.011, and chapter 17.24 RCW. WSR 26-06-015, s 16-476-004, filed 2/20/26, effective 8/18/26.

Chapter 16-478 European corn borer.

Wash. Admin. Code § 16-478-010 Establishing quarantine for European corn borer.

European corn borer (Ostrinia nubilalis) is a nonnative, invasive insect which has infested most of North America since its introduction in the early 1900's. Its host range constitutes a wide range of plants, including important food and nursery crops grown in this state. The director of agriculture, pursuant to authorities in chapter 17.24 RCW, has determined that the exclusion of European corn borer at all stages of its life cycle is necessary to protect the environmental quality and agricultural crops of the state of Washington.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-23-097, § 16-478-010, filed 11/21/00, effective 12/22/00
Order 607, effective 7/23/51.

Wash. Admin. Code § 16-478-020 Area under quarantine.

All states and districts of the United States except the states of Arizona, California, Idaho, Nevada, Oregon and Utah.

History

Order 607, effective 7/23/51.

Wash. Admin. Code § 16-478-030 Definitions.

(1) "European corn borer inspection certificate" means a certificate issued by an authorized agent of the agricultural regulatory agency of the state of origin, which includes all of the following information:

(a) Kind and quantity of the commodity in the shipment lot.

(b) Railway car number or vehicle identification of the carrier.

(d) Date issued.

(e) Identity of issuing agent.

(f) Any other information required in WAC 16-478-050. If the certificate includes information regarding fumigation as a treatment method, the certificate must include the material(s) used, the dosage schedule, temperature, period of exposure, and date of treatment.

(2) "Infested area" means any area located within the following:

(a) Entire states of Alabama, Arkansas, Connecticut, Colorado, Delaware, Georgia, Illinois, Iowa, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Virginia, West Virginia, Wisconsin, Wyoming, or the District of Columbia; or

(b) Portions of the state of Texas in Bailey, Carson, Castro, Dallam, Deaf Smith, Floyd, Gray, Hale, Hansford, Hartley, Hutchinson, Lamb, Lipscomb, Moore, Ochiltree, Oldham, Parmer, Potter, Randall, Robers, Sherman and Swisher counties; or

(3) "Noninfested area" means all locations in the area under quarantine as designated in WAC 16-478-020 that are not listed as infested in WAC 16-478-030(2).

(4) "Phytosanitary certificate" means a certificate issued by a government agency under authority of state or federal statute, which declares or establishes the pest status of a shipment of plants or plant parts under accepted inspection or sampling procedures. Phytosanitary certificates are patterned after model certificates of the International Pest Protection Convention.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-23-097, § 16-478-030, filed 11/21/00, effective 12/22/00
Order 607, effective 7/23/51.

Wash. Admin. Code § 16-478-040 Regulated articles.

The following products and commodities are regulated under this quarantine as hosts or possible carriers of European corn borer:

(1) Corn, broomcorn, sorghums, and Sudan grass plants and plant parts (including, but not limited to, seed and shelled grain, and stalks, ears, cobs, and all other parts, fragments, or debris).

(2) Beans in the pod, beets, celery, bell pepper fruits, endive, Swiss chard, and rhubarb (cut or plants with roots).

(3) Cut flowers or entire plants of aster, chrysanthemum, calendula, cosmos, hollyhock, marigold, zinnia, Japanese hop, dahlia (except tubers without stems) and gladiolus (except corms without stems).

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-23-097, § 16-478-040, filed 11/21/00, effective 12/22/00
Order 607, effective 7/23/51.

Wash. Admin. Code § 16-478-050 Requirements for shipping regulated articles from an area under quarantine.

(1) For shelled grain, seed, and stalks, ears, cobs and other parts, fragments, or debris from an infested area, unless the shipment is addressed in subsection (3) of this section. Shelled grain, seed, and stalks, ears, cobs, and other parts, fragments, or debris of corn, broomcorn, sorghums, and Sudan grass, grown in or shipped from the infested area described in WAC 16-478-030, will be admitted into the state of Washington only when each lot or shipment is accompanied by a European corn borer inspection certificate stating that the conveyance (such as a railcar or truck) was inspected and found free of regulated articles and that at least one of the following conditions has been complied with:

(a) The grain or seed has been passed through a 1/2 inch or less mesh screen or otherwise cleaned prior to loading and is believed to be free from stalks, cobs, stems or other plant parts capable of harboring larvae of the European corn borer;

(b) The grain, seed, or stalks, ears, cobs or other parts, fragments, or debris has been treated, sterilized, or disinfected in a manner approved by the director as adequate to control European corn borer.

(2) For shelled grain, seed, or stalks, ears, cobs, or other parts, fragments, or debris from a noninfested area, unless the shipment is addressed in subsection (3) of this section. Shelled grain, seed, and stalks, ears, cobs, or other parts, fragments or debris of corn, broomcorn, sorghums, and Sudan grass, grown in or shipped from the noninfested area described in WAC 16-478-030(3) will be admitted into the state of Washington only when each shipment or lot is accompanied by a European corn borer inspection certificate stating both of the following:

(a) That all grain, seed, or stalks, ears, cobs, or other parts, fragments or debris in the shipment was produced in an area where European corn borer is not known to exist based on negative survey data; and

(b) That the continued identity of the shipment has been maintained to assure the shipment was not blended or mixed with grain, seed, plants, plant parts, fragments, or debris produced in or shipped from an infested area.

(3) For small lots and packages of seed. Individual shipments or lots of one hundred pounds or less of clean shelled grain or seed and shipments comprised of packages of less than ten pounds, are exempted from the requirement for a European corn borer inspection certificate stated in subsections (1) and (2) of this section. These small lots are admitted into this state subject to inspection and freedom from other plant parts, fragments, and debris capable of harboring European corn borer.

(4) For vegetable and ornamental plants and plant products. Beans in the pod, beets, celery, bell pepper fruits, endive, Swiss chard, and rhubarb (cut or plants with roots), cut flowers and entire plants of aster, chrysanthemum, calendula, cosmos, hollyhock, marigold, zinnia, Japanese hop, dahlia, (except tubers without stems) and gladiolus (except corms without stems), produced in or shipped from the infested area described in WAC 16-478-030 above will be admitted into the state of Washington only when each lot or shipment is accompanied by a phytosanitary certificate stating that all plants, products or cut flowers in the shipment or lot have been inspected and that one of the following is true:

(a) The shipment was found free from infestation by the European corn borer; or

(b) The plants, products, or cut flowers were grown in a greenhouse in which all host plants have been regularly inspected during the growing season and no evidence of European corn borer was found; or

(c) The plants, products or cut flowers have been treated, sterilized or disinfected in a manner approved by the director as adequate to control European corn borer.

(5) Exemptions.

(a) The requirement for a phytosanitary certificate is waived for shipments or lots of 10 pounds or less of beans in the pod, beets, bell peppers, endive, Swiss chard or rhubarb (cut or plants with roots).

(b) During the period November 30 to May 1, the requirement for a phytosanitary certificate is waived for divisions without stems of the previous year's growth, rooted cuttings, seedling plants and cut flowers of aster, chrysanthemum, calendula, cosmos, hollyhock, marigold, zinnia and Japanese hop.

(c) No restrictions are placed by this chapter on movement of regulated articles listed in WAC 16-478-040 which are processed or manufactured in such a manner as to eliminate all danger of carrying European corn borer.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-23-097, § 16-478-050, filed 11/21/00, effective 12/22/00
Order 1476, § 16-478-050, filed 7/2/76
Order 607, effective 7/23/51.

Wash. Admin. Code § 16-478-065 Special permits.

The director may issue special permits to allow regulated articles grown in or shipped from a quarantine area to enter the state. A special permit may be issued if the director determines that the conditions of the permit are sufficient to protect the environmental quality and agricultural crops of the state of Washington.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-23-097, § 16-478-065, filed 11/21/00, effective 12/22/00.

Chapter 16-482 Seed potato quarantine.

Wash. Admin. Code § 16-482-001 Promulgation—Establishing quarantine.

The commercial production of potatoes both for food and for seed in the state of Washington is one of the major agricultural industries. The introduction and spread of serious bacterial, fungal, viral and nematode diseases of potatoes represents a serious economic threat to the industry. A quarantine is established under this chapter requiring the planting of certified seed potatoes in commercial potato production areas to mitigate this threat.

History

Statutory Authority: Chapter 17.24 RCW. WSR 91-07-016 (Order 2075), § 16-482-001, filed 3/13/91, effective 4/13/91
Order 1126, § 16-482-001, filed 10/9/69, effective 11/10/69.

Wash. Admin. Code § 16-482-003 Definitions.

"Department" means the Washington state department of agriculture.

"State National Harmonization Program for seed potatoes" means the United States Department of Agriculture program regarding phytosanitary certification standards for seed potatoes and pest management.

History

Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 07-11-013, § 16-482-003, filed 5/3/07, effective 6/3/07.

Wash. Admin. Code § 16-482-005 Regulated articles.

All seed potatoes used throughout the state for commercial plantings in excess of one acre or for any acreage of seed potato production are regulated articles.

History

Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 07-11-013, § 16-482-005, filed 5/3/07, effective 6/3/07. Statutory Authority: Chapter 17.24 RCW. WSR 91-07-016 (Order 2075), § 16-482-005, filed 3/13/91, effective 4/13/91.

Wash. Admin. Code § 16-482-006 Quarantine area.

All states and territories of the United States and all counties within the state of Washington.

History

Statutory Authority: Chapter 17.24 RCW. WSR 91-07-016 (Order 2075), § 16-482-006, filed 3/13/91, effective 4/13/91.

Wash. Admin. Code § 16-482-010 Regulations—Certified seed requirement.

(1) Except as provided in WAC 16-482-015, all seed potatoes planted within the state for commercial or for seed production shall be certified seed, produced as a part of a certified seed potato program in the state or country of origin that meets the requirements of Article 4 of the State National Harmonization Program for seed potatoes. All potatoes entering the seed potato isolation district must comply with the requirements of chapter 16-325 WAC including, but not limited to, the requirement that all potatoes entering the district, except those intended for immediate human consumption, must be tested and found negative for bacterial ring rot by an approved laboratory at origin.

(2) The department may sample and test any lot of seed potatoes or conduct field inspections for the purpose of testing and verification of compliance with this chapter.

History

Statutory Authority: RCW 15.14.015, 15.15.010, 17.24.011, and 17.24.041. WSR 23-17-083, § 16-482-010, filed 8/15/23, effective 9/15/23. Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 07-11-013, § 16-482-010, filed 5/3/07, effective 6/3/07. Statutory Authority: Chapter 17.24 RCW. WSR 91-07-016 (Order 2075), § 16-482-010, filed 3/13/91, effective 4/13/91
Order 1126, § 16-482-010, filed 10/9/69, effective 11/10/69.

Wash. Admin. Code § 16-482-015 Regulations—Certified seed—Exceptions.

The certified seed requirement shall not be applicable to:

(1) Potatoes planted for personal use or other noncommercial purposes;

(2) Commercial production, other than for production of seed potatoes, of not more than one acre; or

(3) Experimental or seed trial plots as provided in WAC 16-482-016.

History

Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 07-11-013, § 16-482-015, filed 5/3/07, effective 6/3/07. Statutory Authority: Chapter 17.24 RCW. WSR 91-07-016 (Order 2075), § 16-482-015, filed 3/13/91, effective 4/13/91.

Wash. Admin. Code § 16-482-016 Exceptions—Permit requirement.

The director may allow planting of seed potatoes, otherwise prohibited, by special permit. Such permit shall specify the conditions under which planting is allowed and shall be obtained prior to planting. Prior to issuance of a permit, the director shall consult with a committee composed of one member from the Washington state seed potato commission and two members of the Washington state potato commission, appointed by the respective commission chairs, as to the need for and terms of such permit.

History

Statutory Authority: Chapter 17.24 RCW. WSR 94-11-069 (Order 5042), § 16-482-016, filed 5/13/94, effective 6/13/94
WSR 91-07-016 (Order 2075), § 16-482-016, filed 3/13/91, effective 4/13/91.

Wash. Admin. Code § 16-482-017 Recordkeeping requirement.

All commercial potato growers are required to obtain certification documents or tags to verify that all seed potatoes planted in this state comply with the terms of this chapter. Growers must retain certification documents for at least three years and provide them to the department within thirty days of a written request. Such documents shall include the total weight of certified seed potatoes and shall be issued by an official certifying agency in the state or country of origin. Falsification of seed potato documents shall subject the grower to penalties provided in law.

History

Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 07-11-013, § 16-482-017, filed 5/3/07, effective 6/3/07. Statutory Authority: Chapter 17.24 RCW. WSR 91-07-016 (Order 2075), § 16-482-017, filed 3/13/91, effective 4/13/91.

Wash. Admin. Code § 16-482-020 Disposition of material shipped in violation of this quarantine.

(1) Seed potatoes shipped in violation of this quarantine may be returned to the point of origin, diverted to nonseed use, or destroyed at the option and expense of the owner or owners or their responsible agents.

(2) Seed potatoes planted and growing in violation of the terms of this quarantine may be destroyed or placed under quarantine, with terms and conditions for that quarantine specified by the director, at the option and expense of the grower or owners or their responsible agents. Potatoes, placed under quarantine for violation of the terms of this chapter and found to be infested or infected with a viral, fungal, bacterial or nematode disease by subsequent inspection or testing shall be destroyed at the expense of the grower, without compensation.

(3) In addition to the actions specified in subsections (1) and (2) of this section, any grower violating the terms of this quarantine shall be subject to civil and/or criminal penalties provided in law.

History

Statutory Authority: Chapters 17.24 and 34.05 RCW. WSR 07-11-013, § 16-482-020, filed 5/3/07, effective 6/3/07. Statutory Authority: Chapter 17.24 RCW. WSR 91-07-016 (Order 2075), § 16-482-020, filed 3/13/91, effective 4/13/91
Order 1126, § 16-482-020, filed 10/9/69, effective 11/10/69.

Chapter 16-483 Grape pest quarantine.

Wash. Admin. Code § 16-483-001 Establishing a quarantine.

(1) A quarantine is established against harmful pests of grapevines that could endanger the grape industries of Washington.

(2) Quarantine pests include:

(a) Grapevine fanleaf virus;

(b) Grapevine leafroll associated viruses;

(d) Grapevine virus B;

(e) Grapevine red blotch virus;

(f) Pierce's disease (a strain of Xylella fastidiosa);

(g) Grapevine phylloxera (Daktulosphaira vitifoliae, Viteus vitifoliae (Fitch));

(h) Vine mealybug (Planococcus ficus);

(i) Glassy winged sharpshooter (Homalodisca vitripennis);

(j) European grapevine moth (Lobesia botrana); and

(k) Xiphinema index.

History

Statutory Authority: RCW 17.24.011 and 17.24.041. WSR 21-03-048, § 16-483-001, filed 1/14/21, effective 2/14/21. Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 14-21-036, § 16-483-001, filed 10/7/14, effective 11/7/14. Statutory Authority: Chapter 17.24 RCW. WSR 00-23-096, § 16-483-001, filed 11/21/00, effective 12/22/00
WSR 00-05-105, § 16-483-001, filed 2/16/00, effective 3/18/00. Statutory Authority: Chapters 15.13 and 17.24 RCW. WSR 91-21-042, § 16-483-001, filed 10/11/91, effective 11/11/91
Order 1146, § 16-483-001, filed 3/16/70, effective 5/1/70.

Wash. Admin. Code § 16-483-005 Grape virus quarantine—Definitions.

"Department" means the Washington state department of agriculture.

"Director" means the director of the Washington state department of agriculture or the director's authorized representative.

"G1 foundation sources" means any National Clean Plant Network-funded clean plant center, or other sources approved by the director.

"Grape planting stock" means live plants, hardwood cuttings, softwood cuttings, rootstocks, and any other parts of the grape plant (Vitis species), except fruit, capable of propagation.

"Phytosanitary certificate" means an official document issued by the plant protection organization in the state, district or territory of origin, attesting that a consignment has been inspected and meets phytosanitary import requirements, through specific additional declarations. The department may issue compliance agreements that take the place of a phytosanitary certificate.

History

Statutory Authority: RCW 17.24.011 and 17.24.041. WSR 21-03-048, § 16-483-005, filed 1/14/21, effective 2/14/21. Statutory Authority: Chapter 17.24 RCW. WSR 00-05-105, § 16-483-005, filed 2/16/00, effective 3/18/00. Statutory Authority: Chapters 15.13 and 17.24 RCW. WSR 91-21-042, § 16-483-005, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-483-010 Area under quarantine.

The area under quarantine includes all states, districts, and territories of the United States. Within the state of Washington, sites with grape plantings infested with a quarantine pest from WAC 16-483-001 are subject to additional restrictions.

History

Statutory Authority: RCW 17.24.011 and 17.24.041. WSR 21-03-048, § 16-483-010, filed 1/14/21, effective 2/14/21. Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 14-21-036, § 16-483-010, filed 10/7/14, effective 11/7/14. Statutory Authority: Chapter 17.24 RCW. WSR 00-05-105, § 16-483-010, filed 2/16/00, effective 3/18/00. Statutory Authority: Chapters 15.13 and 17.24 RCW. WSR 91-21-042, § 16-483-010, filed 10/11/91, effective 11/11/91
Order 1146, § 16-483-010, filed 3/16/70, effective 5/1/70.

Wash. Admin. Code § 16-483-020 Regulated articles.

Grape planting stock including live plants, hardwood cuttings, softwood cuttings, and any other plant parts capable of propagation, except fruit are regulated under the terms of this quarantine. Equipment used in harvesting grapes in another state, or in an infested site within the state is a regulated article.

History

Statutory Authority: RCW 17.24.011 and 17.24.041. WSR 21-03-048, § 16-483-020, filed 1/14/21, effective 2/14/21. Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 14-21-036, § 16-483-020, filed 10/7/14, effective 11/7/14. Statutory Authority: Chapter 17.24 RCW. WSR 00-05-105, § 16-483-020, filed 2/16/00, effective 3/18/00. Statutory Authority: Chapters 15.13 and 17.24 RCW. WSR 91-21-042, § 16-483-020, filed 10/11/91, effective 11/11/91
Order 1146, § 16-483-020, filed 3/16/70, effective 5/1/70.

Wash. Admin. Code § 16-483-030 Restrictions.

(1) Within the state of Washington, grape planting stock produced in a site found infested with a quarantine pest may only be moved from that site if it meets requirements of a pest management plan that is:

(a) Designed to prevent the spread of quarantine pests from that site; and

(b) Approved by the director.

(2) Grape planting stock entering the state must be accompanied by an official phytosanitary certificate that certifies the grape planting stock was produced in accordance with the regulations of an official grapevine virus certification program that includes inspection and testing for grapevine fanleaf virus, grapevine leafroll associated viruses, grapevine virus A, grapevine virus B, grapevine red blotch virus and Xylella fastidiosa (Pierce's disease strain). The official phytosanitary certificate must:

(a) Include a statement that "The grape planting stock was produced in accordance with the regulations of an official grapevine virus certification program in the state of origin."; and

(b) Include one of the following statements:

(i) "The grape planting stock was grown in and shipped from an area known to be free from grape phylloxera, vine mealybug, glassy winged sharpshooter, and European grapevine moth, by official survey"; or

(ii) "The grape planting stock was grown in containers of soilless media, in a greenhouse screened to exclude grape phylloxera, vine mealybug, glassy winged sharpshooter and European grapevine moth"; or

(iii) "The shipment consists entirely of tissue cultures in vitro, or plantlets ex vitro"; or

(iv) A statement that the grapevines, rootstock, or softwood cuttings were subjected to one of the two treatments in subsection (3) of this section, or other treatments determined to be effective and approved in writing by the director. The treated grapevines must be stored after treatment in a manner to prevent reinfestation. The details of the treatment must be listed on the accompanying phytosanitary certificate.

(3) Acceptable treatments for grapevine insect pests include:

(a) Hot water treatment. Dormant, rooted grapevines or rootstock shall be washed to remove all soil or other propagative media. Dormant rooted plants or rootstock shall be immersed in a hot water bath for a period of not less than three minutes nor more than five minutes at a temperature of not less than 125°F (52°C), nor more than 130°F (55°C); or

(b) Fumigation treatment. Grapevines, rootstock, or softwood cuttings may be treated with a fumigant labeled for such purpose.

(4) Each shipment of grape planting stock originating from a state infested with Xiphinema index as determined by the department must be accompanied by an official phytosanitary certificate that, in addition to the requirements in WAC 16-483-030(2), must include:

(a) A statement that "The potted grape plants in this shipment were grown in soilless media"; or

(b) A statement that "The grape planting stock in this shipment was grown in an area of the state where Xiphinema index is not found, by official survey"; or

(c) Where there is no recent official survey, a statement that "The grape planting stock in this shipment was grown in a field sampled and tested and found to be free from Xiphinema index in the growing season immediately prior to harvest. Official lab results are attached." Phytosanitary certificates providing this statement must be accompanied by test results from the growing season prior to harvest showing the vines were grown in a field free of Xiphinema index.

(5) All shipments of grape planting stock shall be plainly marked with the contents on the outside of the package or container as "grapevines," "grape rootstock," or "grape cuttings."

History

Statutory Authority: RCW 17.24.011 and 17.24.041. WSR 21-03-048, § 16-483-030, filed 1/14/21, effective 2/14/21. Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 14-21-036, § 16-483-030, filed 10/7/14, effective 11/7/14. Statutory Authority: Chapter 17.24 RCW. WSR 00-23-096, § 16-483-030, filed 11/21/00, effective 12/22/00
WSR 00-05-105, § 16-483-030, filed 2/16/00, effective 3/18/00. Statutory Authority: Chapters 15.13 and 17.24 RCW. WSR 91-21-042, § 16-483-030, filed 10/11/91, effective 11/11/91
Order 1146, § 16-483-030, filed 3/16/70, effective 5/1/70.

Wash. Admin. Code § 16-483-033 Equipment cleaning requirements.

(1) All equipment used for cultivation or harvesting of grapes and vines must be thoroughly washed or steam cleaned to remove all soil and plant material prior to entry into the state of Washington, and prior to movement out of an infested site within the state according to the approved pest management plan for the infested site. Such equipment shall be subject to inspection by the department.

(2) Any equipment found to be in violation of this section shall be subject to detention by the department until such equipment is thoroughly cleaned at the expense of the owner or shipper, or provisions are made by the owner or shipper to immediately transport the equipment directly out of the state.

History

Statutory Authority: RCW 17.24.011 and 17.24.041. WSR 21-03-048, § 16-483-033, filed 1/14/21, effective 2/14/21. Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 14-21-036, § 16-483-033, filed 10/7/14, effective 11/7/14.

Wash. Admin. Code § 16-483-037 Notification requirement.

Persons bringing grape planting stock into the state must notify the department in advance, under this grape pest quarantine. Notification may be by U.S. mail, email, or facsimile to: Plant Protection Division, Washington State Department of Agriculture, 1111 Washington Street S.E., P.O. Box 42560, Olympia, WA 98504-2560; email: PlantServices@agr.wa.gov; facsimile: 360-902-2094. Such notice shall include, at a minimum, the number of grapevines, rootstocks, or softwood cuttings; the shipper's name and address; the consignee's name and address; the method of treatment used, if applicable; the approximate date of delivery; and applicable copies of phytosanitary certificates and lab reports.

History

Statutory Authority: RCW 17.24.011 and 17.24.041. WSR 21-03-048, § 16-483-037, filed 1/14/21, effective 2/14/21. Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 14-21-036, § 16-483-037, filed 10/7/14, effective 11/7/14.

Wash. Admin. Code § 16-483-040 Disposition of products shipped in violation of this quarantine—Violations.

At the option and expense of the owner, the department will return to the point of origin or destroy any grapevines shipped into the state of Washington, or moved from an infested site within the state, in violation of this chapter.

History

Statutory Authority: RCW 17.24.011 and 17.24.041. WSR 21-03-048, § 16-483-040, filed 1/14/21, effective 2/14/21. Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 14-21-036, § 16-483-040, filed 10/7/14, effective 11/7/14. Statutory Authority: Chapter 17.24 RCW. WSR 00-05-105, § 16-483-040, filed 2/16/00, effective 3/18/00. Statutory Authority: Chapters 15.13 and 17.24 RCW. WSR 91-21-042, § 16-483-040, filed 10/11/91, effective 11/11/91
Order 1146, § 16-483-040, filed 3/16/70, effective 5/1/70.

Wash. Admin. Code § 16-483-050 Grape pest quarantine—Exemptions.

(1) The restrictions on the movement of regulated articles set forth in this chapter do not apply to grape planting stock imported for experimental or trial purposes by the United States Department of Agriculture or Washington State University, provided the director's written permission is first obtained.

(2) The Clean Plant Center Northwest is not required to obtain the director's permission when exchanging G1 material between G1 foundation sources.

(3) The department, upon receipt of an application in writing, may issue a compliance agreement allowing movement into this state, or movement within this state, of regulated articles not otherwise eligible for movement under the provisions of this quarantine order. Movement of such articles will be subject to any conditions or restrictions stipulated in the agreement. These conditions and restrictions may vary depending upon the intended use of the article and the potential risk of introduction or spread of a harmful pest or disease.

History

Statutory Authority: RCW 17.24.011 and 17.24.041. WSR 21-03-048, § 16-483-050, filed 1/14/21, effective 2/14/21. Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 14-21-036, § 16-483-050, filed 10/7/14, effective 11/7/14. Statutory Authority: Chapter 17.24 RCW. WSR 00-05-105, § 16-483-050, filed 2/16/00, effective 3/18/00. Statutory Authority: Chapters 15.13 and 17.24 RCW. WSR 91-21-042, § 16-483-050, filed 10/11/91, effective 11/11/91
Order 1146, § 16-483-050, filed 3/16/70, effective 5/1/70.

Chapter 16-487 Prunus disease quarantine.

Wash. Admin. Code § 16-487-005 Definitions.

(1) "Director" means the director of the Washington state department of agriculture or the director's authorized representative.

(2) "Department" means the Washington state department of agriculture.

(3) "Growing ground" means any property within the area under quarantine on which planting stock produced for distribution or sale.

(4) "Indicator plant" means any herbaceous or woody plant used to index or test for infection.

(5) "Index" means to test for infection by means of inoculation from the plant to be tested to an indicator plant, or by any other method approved by the department.

(6) "Planting stock" means any plant material used in the propagation of horticultural, floracultural or viticultural plants for the purpose of being sold, offered for sale or distributed for planting or reproduction purposes.

(7) "Symptomless carrier" means a plant which may be infected by or capable of hosting a disease agent but which does not show visible disease symptoms.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-005, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-005, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-487-010 Disposition of materials moved in violation.

Regulated articles, shipped in violation of this chapter, will be denied entry into the state and returned to the point of origin or destroyed at the option and expense of the owner(s) or their responsible agent.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-010, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-010, filed 10/11/91, effective 11/11/91
Order 386, § 1, effective 3/30/43.

Wash. Admin. Code § 16-487-015 Notification requirement.

Persons shipping regulated articles into the state of Washington from areas under quarantine by the provisions of this chapter must notify the plant services program of the department prior to shipment. At a minimum, notification must include the nature and quantity of each shipment, its destination, its expected date of arrival, and the name of the intended receiver.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-015, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-015, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-487-017 Special permits.

(1) The provisions of this chapter do not apply to plants or propagative parts of plants imported for experimental purposes by the United States Department of Agriculture or the Washington State University agricultural experiment stations, if a permit to import has been issued by the department.

(2) The department may issue special permits allowing entry of regulated articles otherwise prohibited in this chapter. The permit will state mandatory provisions or conditions under which entry is allowed.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-017, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-017, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-487-020 Peach yellows, little peach, and red suture diseases—Establishing quarantine.

The director has determined that peach yellows, little peach, and red suture diseases do not exist in the state of Washington and that the introduction of these diseases into the state would cause economic loss to the horticultural industries within the state. To prevent this loss, a quarantine is hereby established against the host plants and possible carriers of peach yellows, little peach and red suture diseases.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-020, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-020, filed 10/11/91, effective 11/11/91
Order 386, § 2, effective 3/30/43.

Wash. Admin. Code § 16-487-023 Peach yellows, little peach, and red suture disease quarantine—Regulated articles.

All planting stock of the genus Prunus, except seeds, is regulated under the peach yellows, little peach, and red suture disease quarantine, except those listed in WAC 16-487-025.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-023, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-023, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-487-025 Peach yellows, little peach, and red suture disease quarantine—Species not regulated.

The following species have been determined not to be hosts of peach yellows, little peach, and red suture diseases and are not regulated under WAC 16-487-021 through 16-487-060:

Prunus avium, sweet cherry

Prunus besseyi, western sand cherry

Prunus cerasus, sour cherry

Prunus caroliniana, American cherry laurel, Carolina cherry laurel

Prunus ilicifolia, California cherry, hollyleaf cherry

Prunus laurocerasus, cherry laurel, English laurel

Prunus lusitanica, Portugal laurel

Prunus lyonii, Catalina cherry

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-025, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-025, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-487-030 Peach yellows, little peach, and red suture disease quarantine—Quarantine area.

The entire states of Alabama, Connecticut, Delaware, Florida, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Michigan, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, West Virginia, and the District of Columbia are declared to be quarantine areas for peach yellows, little peach, and red suture diseases.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-030, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-030, filed 10/11/91, effective 11/11/91
Order 386, § 3, effective 3/30/43.

Wash. Admin. Code § 16-487-040 Peach yellows, little peach, and red suture disease quarantine—Absolute quarantine for symptomless carriers.

The following Prunus species are symptomless carriers of peach yellows, little peach, and red suture diseases. All planting stock of these species, except seeds, is prohibited entry into Washington state:

Prunus americana, American plum

Prunus cerasifera, cherry plum, myrobalan plum, "Antropurpurea" purple leaf plum

Prunus domestica, European plum, prune

Prunus hortulana, hortulan plum

Prunus munsoniana, wild goose plum

Prunus salicina, Japanese plum

hybrids of any of the species named in this section and wild native species of plum.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-040, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-040, filed 10/11/91, effective 11/11/91
Order 386, § 4, effective 3/30/43.

Wash. Admin. Code § 16-487-050 Peach yellows, little peach, and red suture disease quarantine—Conditions for movement of regulated articles.

Regulated articles, as listed in WAC 16-487-023, other than symptomless carriers listed in WAC 16-487-040, may be permitted entry into the state if the plant protection organization of the state in which the planting stock was grown issues a certificate verifying that all four of the following requirements have been met:

(1) Each species and variety is properly labeled as to scientific name and state of origin.

(2) One of the following two conditions has been fulfilled:

(a) The planting stock was produced in accordance with an official certification program of the state in which the planting stock was grown. The official certification program must include inspection and indexing on suitable indicator plants for peach yellows, little peach and red suture diseases; or

(b) The planting stock was tested and found free of the causal phytoplasma using a laboratory test protocol approved by the department. In order to ensure accurate test results, samples for testing must be collected late in the growing season.

(3) Peach yellows, little peach, and red suture disease symptoms were not found on the growing grounds during the period when the planting stock was growing or budwood taken .

(4) No symptomless carriers existed on the growing grounds during the production of the planting stock, except symptomless carrier planting stock that meets the requirements of subsection (2) of this section.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-050, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-050, filed 10/11/91, effective 11/11/91
Order 386, § 5, effective 3/30/43.

Wash. Admin. Code § 16-487-060 Peach yellows, little peach, and red suture disease quarantine—Reshipment permitted under certificate.

Regulated articles, as listed in WAC 16-487-023, may be reshipped into Washington state from a quarantine area, as listed in WAC 16-487-030, if all three of the following conditions are fulfilled:

(1) The planting stock was propagated in a nonquarantine state; and

(2) The planting stock remained dormant at all times while it was in the quarantine area; and

(3) A certificate issued by the plant protection organization of the state under quarantine accompanies the planting stock. The certificate must name the state where the planting stock was produced and declare that the planting stock remained dormant at all times while within the quarantine area.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-060, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-060, filed 10/11/91, effective 11/11/91
Order 386, § 5, effective 3/30/43.

Wash. Admin. Code § 16-487-100 Peach rosette disease quarantine—Establishing quarantine.

The director has determined that peach rosette disease is not present in the state of Washington and that the introduction of this disease would cause economic loss to the horticultural industries in the state. To prevent this loss, a quarantine is hereby established against the host plants and possible carriers of the phytoplasma that causes peach rosette disease.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-100, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-100, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-487-110 Peach rosette disease quarantine—Regulated articles.

All planting stock, except seed, of all species of the genus Prunus except those listed in WAC 16-487-120 is regulated under the peach rosette disease quarantine in WAC 16-487-100 through 16-487-160.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-110, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-110, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-487-120 Peach rosette disease quarantine—Species not regulated.

The following species have been determined not to be carriers of peach rosette disease and are not regulated under the peach rosette disease quarantine in WAC 16-487-100 through 16-487-160:

Prunus caroliniana, American cherry laurel, Carolina cherry laurel

Prunus ilicifolia, holly leaf cherry, California cherry

Prunus laurocerasus, cherry laurel, English laurel

Prunus lusitanica, Portugal laurel

Prunus lyonii, Catalina cherry

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-120, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-120, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-487-130 Peach rosette disease quarantine—Quarantine area.

The entire states of Alabama, Arkansas, Florida, Georgia, Mississippi, Oklahoma, South Carolina, Tennessee, and West Virginia are declared to be quarantined areas for peach rosette disease.

History

Statutory Authority: Chapter 17.24 RCW. WSR 91-21-041, § 16-487-130, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-487-140 Peach rosette disease quarantine—Absolute quarantine for symptomless carriers.

The following Prunus species and cultivars are symptomless carriers of peach rosette disease. All planting stock (except seed) of these species and cultivars are prohibited entry into Washington state:

Prunus armeniaca, the "Wilson" cultivar of apricot

Prunus cerasifera x P. Munsoniiana, Mariana plums

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-140, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-140, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-487-150 Peach rosette disease quarantine—Conditions for movement of regulated articles.

Regulated articles, as listed in WAC 16-487-110, other than symptomless carriers listed in WAC 16-487-140, may be permitted entry into the state if the planting stock is accompanied by a certificate issued by the plant protection organization of the state in which the planting stock was grown. At a minimum, the certificate must state that all four of the following requirements have been met:

(1) Each species and variety is properly labeled as to scientific name and state of origin.

(2) One of the following two conditions has been complied with:

(a) The planting stock was grown in compliance with the conditions of an official certification program in the state in which the planting stock was grown, which includes inspection and indexing on suitable indicator plants to verify freedom from peach rosette disease; or

(b) The planting stock was tested through laboratory methods approved by the department and found free of the causal phytoplasma of peach rosette disease. Sampling for this test must be performed late in the growing season.

(3) Peach rosette disease symptoms were not found during the period when the planting stock was growing or budwood taken.

(4) No symptomless carrier listed in WAC 16-487-140 existed on the growing grounds during the production of the planting stock, except symptomless carrier planting stock that fulfills the requirements in subsection (2) of this section.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-150, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-150, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-487-160 Peach rosette disease quarantine—Reshipment permitted under certification.

Regulated articles, as listed in WAC 16-487-110, may be reshipped into Washington state from a quarantine area, as listed in WAC 16-487-130, if all three of the following conditions are fulfilled:

(1) The planting stock was propagated in a nonquarantine state; and

(2) The planting stock remained dormant at all times while it was in the quarantine state; and

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-160, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-160, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-487-200 Peach mosaic virus—Establishing quarantine.

The director has determined that peach mosaic virus is not present in the state of Washington and that the introduction of this disease would cause economic loss to the horticultural industries in the state. To prevent this loss, a quarantine is hereby established against the host plants and possible carriers of peach mosaic virus.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-200, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-200, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-487-210 Peach mosaic virus quarantine—Regulated articles.

All planting stock, except seeds of all species, varieties, and hybrids of almond, apricot, peach, plum, prune, Manchu cherry (Prunus tomentosa) and western sand cherry (Prunus besseyi) is regulated under the peach mosaic virus quarantine.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-210, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-210, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-487-220 Peach mosaic virus quarantine—Regulated area.

The following are declared to be areas under quarantine for peach mosaic virus:

(1) The entire states of Arizona and New Mexico.

(2) In Colorado, the counties of Delta, Garfield, Mesa, Montezuma, and Montrose.

(3) In Oklahoma, the counties of Alfalfa, Bryan, Johnson, and Woods.

(4) In Texas, the counties of Brown, Callahan, Camp, Cherokee, Comanche, Dallas, Eastland, El Paso, Erath, Fisher, Floyd, Freestone, Hale, Harrison, Hudspeth, Jones, Limestone, Palo Pinto, Runnels, San Saba, Smith, Tarrant, Taylor, Upshur, and Young.

(5) In California, the counties of Los Angeles, Riverside, San Bernardino, and San Diego.

History

Statutory Authority: Chapter 17.24 RCW. WSR 91-21-041, § 16-487-220, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-487-230 Peach mosaic virus quarantine—Requirements.

All regulated articles listed in WAC 16-487-210 from areas under quarantine, as listed in WAC 16-487-220, are prohibited entry into Washington state.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-230, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-230, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-487-250 Peach mosaic virus—Reshipment permitted under certificate.

Regulated articles, as listed in WAC 16-487-210, may be reshipped into Washington state from a quarantine area, as listed in WAC 16-487-220, if all three of the following conditions are fulfilled:

(1) The planting stock was propagated outside the quarantine area; and

(2) The planting stock remained dormant at all times while it was in the quarantine area; and

(3) A certificate issued by the state plant protection organization for the quarantine area accompanies the planting stock. The certificate must name the state where the planting stock was produced and declare that the planting stock remained dormant at all times while within the quarantine area.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-250, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-250, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-487-300 Peach rosette mosaic virus—Establishing quarantine.

The director has determined that peach rosette mosaic virus is not present in the state of Washington and that the introduction of the disease would cause economic loss to the horticultural industries in the state. To prevent this loss, a quarantine is hereby established against the host plants and possible carriers of peach rosette mosaic virus.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-300, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-300, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-487-310 Peach rosette mosaic virus quarantine—Regulated articles.

All planting stock, except seeds, of peach (Prunus persica) and American grape (Vitis lubrusca) is regulated under the peach rosette mosaic virus quarantine.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-310, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-310, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-487-320 Peach rosette mosaic virus quarantine—Regulated area.

The areas under quarantine for peach rosette mosaic virus disease are:

(1) For peach planting stock, the counties of Berrien, Kalamazoo, and Van Buren in the state of Michigan.

(2) For American grape, the entire state of Michigan.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-320, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-320, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-487-330 Peach rosette mosaic virus quarantine—Requirements.

All regulated articles listed in WAC 16-487-310 from the applicable areas under quarantine, as listed in WAC 16-487-320, are prohibited entry into Washington state, unless the shipment is accompanied by a permit as described in WAC 16-487-335.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-330, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-330, filed 10/11/91, effective 11/11/91.

Wash. Admin. Code § 16-487-335 Peach rosette mosaic virus quarantine—Permits for movement of regulated articles.

Regulated articles, as listed in WAC 16-487-310, grown in the areas under quarantine, as listed in WAC 16-487-320, may be permitted entry into the state if the plant protection organization of the state in which the planting stock was grown issues a certificate verifying that both of the following requirements have been met:

(1) Each species and variety is properly labeled as to scientific name and state of origin.

(2) The planting stock was produced in accordance with an official certification program of the state in which it was grown. The official certification program must include inspection and indexing for peach rosette mosaic virus.

History

Statutory Authority: Chapter 17.24 RCW. WSR 00-24-022, § 16-487-335, filed 11/28/00, effective 12/29/00
WSR 91-21-041, § 16-487-335, filed 10/11/91, effective 11/11/91.

Chapter 16-488 Fresh fruit of blueberry quarantine.

Wash. Admin. Code § 16-488-002 Definitions.

The definitions set forth in this section shall apply throughout this chapter, unless the context otherwise requires:

(1) "Director" means the director of agriculture of this state, or a duly authorized representative.

(2) "Department" means the Washington state department of agriculture.

(6) "Commercial fruit" means fruit that is:

(a) Grown in a commercial orchard and commercially packed and labeled;

(b) Fruit grown in a commercial orchard and destined to a commercial processing plant or packing plant.

History

Statutory Authority: Chapter 17.24 RCW. WSR 86-19-002 (Order 1906), § 16-488-002, filed 9/5/86.

Wash. Admin. Code § 16-488-006 Blueberry maggot—Establishing quarantine.

Blueberry maggot (Rhagoletis mendax) is known to infest blueberries in various states situated in the eastern part of the United States, and blueberries produced in this state are susceptible to infestation by blueberry maggot (Rhagoletis mendax); therefore, a quarantine is established to prevent shipments or receipt of blueberries from such eastern states which may constitute a direct threat or hazard to blueberry production in Washington state.

History

Statutory Authority: Chapter 17.24 RCW. WSR 86-19-002 (Order 1906), § 16-488-006, filed 9/5/86.

Wash. Admin. Code § 16-488-010 Blueberry quarantine—Commodity covered.

The movement or shipment into Washington state of all fresh fruit of blueberry from areas under quarantine (see WAC 16-488-015) shall be prohibited except as provided for in WAC 16-488-025.

History

Statutory Authority: Chapter 17.24 RCW. WSR 86-19-002 (Order 1906), § 16-488-010, filed 9/5/86
Order 1327, § 16-488-010, filed 10/10/73.

Wash. Admin. Code § 16-488-015 Blueberry quarantine—Areas under quarantine.

The following areas are declared by the director to be under quarantine for blueberry maggot: All states and districts of the United States east of and including the states of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma and Texas.

History

Statutory Authority: Chapter 17.24 RCW. WSR 86-19-002 (Order 1906), § 16-488-015, filed 9/5/86
Order 1327, § 16-488-015, filed 10/10/73.

Wash. Admin. Code § 16-488-025 Blueberry quarantine exemptions.

Fresh fruit of blueberry may be moved or shipped from quarantined areas into Washington state under the following conditions:

(1) No restrictions are placed by this section on the entry into this state of fruits which upon arrival are frozen solid and which are under refrigeration to assure their solid frozen state.

(2) Commodities covered which are held in cold storage for a continuous period of forty days or more, during which period the temperature within the storage room is maintained at thirty-two degrees fahrenheit or less, may be admitted: Provided, That a lot or shipment is accompanied by a certificate issued by an official governmental agency from the state of origin evidencing compliance with the minimum requirements of this section.

(3) Each shipment of blueberries that have been fumigated with methylbromide at atmospheric pressure by one of the following schedules may be permitted entry into Washington state: Provided, That residues on fresh fruit of blueberries do not exceed the Federal Food and Drug Administration's allowable tolerances.

32 g/m3 (2 lbs./1,000 ft.3) for 2 hours at 27.7°C (82°F) or above; or

32 g/m3 (2 lbs./1,000 ft.3) for 2 1/2 hours at 22.2°C - 27.2°C (72°F-81°F); or

32 g/m3 (2 lbs./1,000 ft.3) for 3 hours at 16.6°C - 21.6°C (62°F-71°F); or

32 g/m3 (2 lbs./1,000 ft.3) for 3 1/2 hours at 10°C - 16.1°C (50°F-61°F).

(a) The fumigation shall be done by applicators who are registered or certified in fumigation pest control in the state of origin;

(b) Each fumigation shall be monitored and supervised by an authorized representative of the origin state department of agriculture;

(c) Each shipment of blueberries shall be accompanied by a phytosanitary certificate issued by an authorized representative of the origin state department of agriculture evidencing compliance with the fumigation requirements. The certificate shall state the number of cartons in the shipment and the name and address of the consignee. In addition, a copy of the phytosanitary certificate and the estimated date of arrival shall be sent, by mail or electronically, to the Washington state department of agriculture, plant services division, prior to the shipment of the blueberries; and

(d) All shipping containers (flats) shall be stamped or tagged indicating the fresh fruit of blueberries have undergone fumigation.

History

Statutory Authority: Chapter 17.24 RCW. WSR 90-12-123 (Order 2040), § 16-488-025, filed 6/6/90, effective 7/7/90
WSR 88-17-014 (Order 1985), § 16-488-025, filed 8/9/88
WSR 86-19-002 (Order 1906), § 16-488-025, filed 9/5/86
Order 1327, § 16-488-025, filed 10/10/73.

Wash. Admin. Code § 16-488-030 Blueberry quarantine disposition of material shipped in violation of this quarantine.

All fresh fruit of blueberry not meeting the requirements of this chapter shall be returned to the point of origin, or destroyed at the option and expense of the owner(s) or the owner(s) responsible agent(s).

History

Statutory Authority: Chapter 17.24 RCW. WSR 86-19-002 (Order 1906), § 16-488-030, filed 9/5/86
Order 1327, § 16-488-030, filed 10/10/73.

Wash. Admin. Code § 16-488-990 Permits.

The director may issue special permits admitting commodities under quarantine not otherwise eligible for entry from the area under quarantine, subject to conditions and provisions which the director may prescribe to prevent introduction, escape, or spread of the quarantined pests.

History

Statutory Authority: Chapter 17.24 RCW. WSR 86-19-002 (Order 1906), § 16-488-990, filed 9/5/86.

Wash. Admin. Code § 16-488-995 Penalty and violation.

All violations of this chapter shall be dealt with according to the provisions of RCW 17.24.100.

History

Statutory Authority: Chapter 17.24 RCW. WSR 86-19-002 (Order 1906), § 16-488-995, filed 9/5/86.

Chapter 16-489 Blueberry scorch virus quarantine.

Wash. Admin. Code § 16-489-010 Blueberry scorch virus.

Blueberry scorch virus is an aphid-borne virus that causes necrosis of leaves and flowers in susceptible blueberry varieties, leading to a decline in productivity. A strain of blueberry scorch virus benign to varieties commonly grown in the Pacific Northwest has been historically present in Washington. Now a more virulent strain of blueberry scorch virus has been identified in western North America. If this virulent strain is introduced into the state, it will have a severe economic impact on Washington's blueberry industry. The strains of blueberry scorch virus cannot be readily distinguished by standard laboratory testing methods, making it necessary to eliminate all strains of this virus from Washington. A quarantine is established under authority of chapters 17.24 and 15.13 RCW, in order to prevent introduction and spread of all strains of blueberry scorch virus.

History

Statutory Authority: Chapters 17.24, 15.13 RCW. WSR 02-13-125, § 16-489-010, filed 6/19/02, effective 7/20/02.

Wash. Admin. Code § 16-489-020 Blueberry scorch virus—Definitions.

The following definitions apply to chapter 16-489 WAC.

(1) "Blueberry plants" means all plants and plant parts of Vaccinium corymbosum, except fruit that is free of leaf tissue.

(2) "Blueberry scorch virus" means any and all strains of blueberry scorch carlavirus.

(3) "Pest free area" means an area where no strain of blueberry scorch virus occurs, as demonstrated by scientific evidence, and in which, where appropriate, this blueberry scorch virus free condition is being officially maintained.

(4) "Director" means the director of the Washington state department of agriculture or the director's authorized representative.

(5) "Micropropagated plants" means plants propagated using aseptic laboratory techniques and an artificial culture medium.

History

Statutory Authority: Chapters 17.24, 15.13 RCW. WSR 02-13-125, § 16-489-020, filed 6/19/02, effective 7/20/02.

Wash. Admin. Code § 16-489-030 Blueberry scorch virus—Area under quarantine.

All states and territories of the United States and all counties within the state of Washington.

History

Statutory Authority: Chapters 17.24, 15.13 RCW. WSR 02-13-125, § 16-489-030, filed 6/19/02, effective 7/20/02.

Wash. Admin. Code § 16-489-040 Blueberry scorch virus—Regulated articles.

All blueberry plants and plants of other Vaccinium species shown to be hosts for blueberry scorch virus are regulated articles. Blueberry fruit that is free of leaf tissue is not regulated under this chapter; however, please note that blueberry fruit may be regulated for other pests under provisions of chapter 16-488 WAC.

History

Statutory Authority: Chapters 17.24, 15.13 RCW. WSR 02-13-125, § 16-489-040, filed 6/19/02, effective 7/20/02.

Wash. Admin. Code § 16-489-050 Blueberry scorch virus—Restrictions.

(1) All regulated articles planted, sold, offered for sale or transported within the state must be demonstrated free of blueberry scorch virus by meeting at least one of the following conditions:

(a) They must originate from a pest free area;

(b) They are certified in accordance with the regulations of an official certification program in the state of origin that includes testing and inspection for blueberry viruses and is approved by the director;

(c) They are shown to be free of blueberry scorch virus, based on an official laboratory test using a protocol approved by the director; or

(d) They are micropropagated and/or grown in an insect-proof greenhouse or screenhouse and originate from mother plants that have been tested and found free of blueberry scorch virus.

(2) Persons importing regulated articles into the state must obtain a phytosanitary certificate from the plant protection organization of the place of origin verifying that one of the conditions in subsection (1) of this section has been met. A copy of the phytosanitary certificate must accompany the shipment.

History

Statutory Authority: Chapters 17.24, 15.13 RCW. WSR 02-13-125, § 16-489-050, filed 6/19/02, effective 7/20/02.

Wash. Admin. Code § 16-489-060 Blueberry scorch virus—Recordkeeping.

(1) All persons planting or growing regulated articles in the state are required to retain records as specified in subsection (2) of this section for a period of not less than one calendar year from acquisition of the plants.

(2) These records shall contain the number and variety of plants, the name and address of the propagator, and applicable phytosanitary certificates, certification tags or documentation, and laboratory testing reports.

(3) The grower must provide a copy of the records to the plant services program of the state department of agriculture upon request of the director.

History

Statutory Authority: Chapters 17.24, 15.13 RCW. WSR 02-13-125, § 16-489-060, filed 6/19/02, effective 7/20/02.

Wash. Admin. Code § 16-489-070 Blueberry scorch virus—Exceptions.

The director may issue special permits to allow blueberry plants otherwise prohibited in this chapter to be planted, sold, offered for sale, or transported. Such special permits must be in writing and must be obtained prior to planting, sale, and/or transportation.

History

Statutory Authority: Chapters 17.24, 15.13 RCW. WSR 02-13-125, § 16-489-070, filed 6/19/02, effective 7/20/02.

Chapter 16-497 Hop disease quarantine.

Wash. Admin. Code § 16-497-001 Establishing quarantine.

The introduction of dangerous diseases of hops into the state of Washington would entail great losses to the horticultural interests of the state, and the most rigid examinations cannot determine the presence of disease on dormant hop plants or parts of plants; therefore this quarantine is established by the director of agriculture, pursuant to the authority provided in chapter 17.24 RCW, setting forth the rules for the importation of hop plants into the state of Washington.

History

Statutory Authority: Chapters 15.14 and 17.24 RCW. WSR 91-08-016 (Order 2077), § 16-497-001, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 17.24 RCW. WSR 80-01-093 (Order 1663), § 16-497-001, filed 12/31/79, effective 6/1/80.

Wash. Admin. Code § 16-497-005 Hop disease quarantine—Definitions.

(1) "Dangerous diseases" means:

(a) "Arabis mosaic viruses" means a grouping of viruses that are polyhedral, have a bipartite genome and induce diseases such as bare-bine, spidery hop, split leaf blotch and hop chlorotic disease. In combination with satellite RNA, arabis mosaic virus induces hop nettlehead disease.

(b) "Hop stunt viroid" means a group of viroids consisting of hop stunt viroid and its genetic variants.

(c) "Ilar viruses" means a grouping of viruses, including apple mosaic virus and Prunus necrotic ringspot, which share common characteristics including spherical in shape, with genetic material in three different particles and commonly inducing ring spots in hosts.

(d) "Powdery mildew" means the disease caused by Podosphaera macularis (WALLR.: FR) Lind = Podosphaera humuli (DC) Burrill.

(e) "Verticillium wilt" means the disease caused by Verticillium albo-atrum Reinke & Berth, or hop strains of this organism.

(2) "Department" means the Washington state department of agriculture.

(3) "Director" means the director of the Washington state department of agriculture or the director's authorized representative.

(4) "Hops" means Humulus lupulus L.

(5) "Regulated articles" means plants and all parts (except the cones) of hops.

History

Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 14-02-009, § 16-497-005, filed 12/19/13, effective 1/19/14. Statutory Authority: Chapters 17.24, 15.14, and 34.05 RCW. WSR 09-18-116, § 16-497-005, filed 9/2/09, effective 10/3/09. Statutory Authority: RCW 17.24.041. WSR 95-18-033 (Order 5082), § 16-497-005, filed 8/28/95, effective 9/28/95. Statutory Authority: Chapters 15.14 and 17.24 RCW. WSR 91-08-016 (Order 2077), § 16-497-005, filed 3/27/91, effective 4/27/91.

Wash. Admin. Code § 16-497-010 Quarantine area.

The quarantine area is all states and districts of the United States outside of the states of Washington, Idaho, and Oregon.

History

Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 14-02-009, § 16-497-010, filed 12/19/13, effective 1/19/14. Statutory Authority: Chapter 17.24 RCW. WSR 80-01-093 (Order 1663), § 16-497-010, filed 12/31/79, effective 6/1/80.

Wash. Admin. Code § 16-497-035 Prohibited acts.

The sale, offering to sell, transporting, disposing of, distributing and/or planting of regulated articles from or originating in the quarantine area are prohibited.

History

Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 14-02-009, § 16-497-035, filed 12/19/13, effective 1/19/14.

Wash. Admin. Code § 16-497-040 Disposition of material shipped in violation of this quarantine.

All regulated articles arriving in the state of Washington in violation of this quarantine shall be immediately sent out of the state or destroyed at the option and expense of the owner or owners, or their responsible agents.

History

Statutory Authority: Chapters 15.14 and 17.24 RCW. WSR 91-08-016 (Order 2077), § 16-497-040, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 17.24 RCW. WSR 80-01-093 (Order 1663), § 16-497-040, filed 12/31/79, effective 6/1/80.

Wash. Admin. Code § 16-497-050 Exemption.

The restrictions on the movement of regulated articles set forth in this chapter shall not apply to hop plants or parts of plants imported for research purposes by the United States Department of Agriculture or the Clean Plant Center at Washington State University, Prosser, Washington.

History

Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 14-02-009, § 16-497-050, filed 12/19/13, effective 1/19/14. Statutory Authority: Chapters 17.24, 15.14, and 34.05 RCW. WSR 09-18-116, § 16-497-050, filed 9/2/09, effective 10/3/09. Statutory Authority: Chapters 15.14 and 17.24 RCW. WSR 91-08-016 (Order 2077), § 16-497-050, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 17.24 RCW. WSR 80-01-093 (Order 1663), § 16-497-050, filed 12/31/79, effective 6/1/80.

Wash. Admin. Code § 16-497-055 Permits.

The director may allow by special permit the transportation, distribution, disposal, or planting of regulated articles from the quarantine area. Such permit shall specify terms and conditions pursuant to RCW 17.24.041 and 17.24.091. Permits may be requested by contacting the Washington State Department of Agriculture, Plant Protection Division, 1111 Washington Street S.E., P.O. Box 42560, Olympia, WA 98504-2560; fax 360-902-2094; or email: PlantServices@agr.wa.gov.

History

Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 14-02-009, § 16-497-055, filed 12/19/13, effective 1/19/14.

Wash. Admin. Code § 16-497-065 Penalties and violations.

All violations of this chapter shall be dealt with according to the provisions in RCW 17.24.141.

History

Statutory Authority: RCW 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 14-02-009, § 16-497-065, filed 12/19/13, effective 1/19/14.

Chapter 16-501 WSDA procedural rules—Commodity boards or commissions.

Wash. Admin. Code § 16-501-005 Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout the chapter:

"Annual assessment" means the total annual assessment amount collected in a twelve-month period by an agricultural commodity board or commission under the provisions of its marketing order or authorizing statute. For the Washington beer commission, "annual assessment" includes net proceeds collected from commission-sponsored beer festivals in addition to the total annual assessment collected by the commission.

"Department" means the Washington state department of agriculture.

"Total financial contribution" means the contributions from all agricultural commodity boards and commissions to cover the annual salary and benefits of the department's commodity commission coordinator for commodity boards and commissions plus the annual costs for goods and services, travel, training and equipment necessary to support the commodity commission coordinator. The total financial contribution is one-half full-time equivalent employee.

History

Statutory Authority: RCW 43.23.033 and chapter 34.05 RCW. WSR 20-01-109, § 16-501-005, filed 12/13/19, effective 1/13/20. Statutory Authority: RCW 43.23.025, 15.89.150, and chapter 34.05 RCW. WSR 17-17-158, § 16-501-005, filed 8/23/17, effective 9/23/17. Statutory Authority: Chapters 15.65, 15.66, 15.24, 16.67, 15.44, 15.28, 15.26, 15.88, and 43.23 RCW. WSR 02-16-045, § 16-501-005, filed 8/1/02, effective 9/1/02.

Wash. Admin. Code § 16-501-010 Commodity commission financial contribution.

(1) Under the provisions of RCW 43.23.033, the director may establish, by rule, a method to fund staff support for all commodity boards and commissions.

(2) On or around September 1st, the department will determine the amount necessary to fund the commodity commission coordinator position.

(3) On or before October 1st, all commodity boards or commissions are required to report to the department the dollar value of the assessments collected during the board's or commission's previous fiscal year. The board or commission's contribution shall be based on the previous fiscal year's annual assessment. For commissions with the authority to suspend assessments, the contribution shall be based on the most recently collected annual assessment prior to suspension.

(4) During the month of October, the department will bill each commodity board or commission for its portion of the total financial contribution. The board or commission shall remit to the department the amount billed within ninety days of the billing date.

(5) The department will provide each commodity board or commission with an annual report regarding the department's activities on behalf of the boards or commissions.

History

Statutory Authority: RCW 43.23.033 and chapter 34.05 RCW. WSR 20-01-109, § 16-501-010, filed 12/13/19, effective 1/13/20. Statutory Authority: Chapters 15.65, 15.66, 15.24, 16.67, 15.44, 15.28, 15.26, 15.88, and 43.23 RCW. WSR 02-16-045, § 16-501-010, filed 8/1/02, effective 9/1/02.

Wash. Admin. Code § 16-501-015 Calculation of a commodity board or commission's contribution.

The financial contribution for each commodity board or commission shall be calculated using the following steps:

(1)(a) Step 1 - Using the dollar value that a board or commission receives from its annual assessment, the base contribution portion of a commodity board or commission's share of the total financial contribution is established as follows:

Contribution Categories

| Assessment Level | Base Contribution | | | | | --- | --- | --- | --- | --- | | < $100,000 | $250.00 | | | | | 100,001 | - | 250,000 | 500.00 | | | 250,001 | - | 500,000 | 750.00 | | | 500,001 | - | 1,000,000 | 1,000.00 | | | 1,000,001 | - | 5,000,000 | 2,000.00 | | | 5,000,001 | - | 10,000,000 | 3,000.00 | | | 10,000,001 and above | 4,000.00 | | | |

(b) A percentage is calculated for each board or commission by dividing the board or commission's base contribution by the total base contribution for all boards and commissions.

(2)(a) Step 2 - The difference between the total financial contribution and the total base contribution is apportioned to each board or commission using the percentage calculated in step 1.

(b) The amount calculated in step 2 is subject to a $7,500 cap on any one board or commission.

(3) Step 3 - If any board or commission reaches the $7,500 cap in step 2, the difference between the amount calculated for that board or commission in subsection (2)(a) of this section and $7,500 would be apportioned among the remaining boards or commissions using a percentage of each board's or commission's base contribution to the total base contribution less the base contribution of the board or commission that reached the cap.

(4) Step 4 - A commodity board or commission's contribution is the sum of its base contribution from step 1 and the calculations in steps 2 and 3.

(5) The following example is a hypothetical scenario used to illustrate how the formula is applied:

(a) Commission A reports an annual assessment of $200,000, therefore its base contribution is $500.

(b) Assuming the total base contribution for all boards and commissions is $23,750, a percentage is calculated for commission A by dividing its base contribution of $500 by the total base contribution of $23,750, which is 2.11 percent.

(c) Assuming a total financial contribution of $100,000, the difference between the total financial contribution ($100,000) and the total base contribution ($23,750) is $76,250. This amount ($76,250) is apportioned to each commission using the percentage calculated in step 1. For commission A, $76,250 multiplied by 2.11 percent is rounded to $1,605, which is commission A's initial portion of the total financial contribution.

(d) Next, commission A's base assessment ($500) is added to its portion calculated in step 2 ($1,605), which equals $2,105.

(e) If any board or commission hits the $7,500 cap provided for in step 2, the difference between the amount calculated and $7,500 is apportioned among the other boards and commissions not reaching the cap.

(f) For example, commission B has a base contribution of $3,000 and exceeds the $7,500 cap by $2,132. That $2,132 would be apportioned on a percentage basis among the other boards and commissions, excluding commission B.

(g) To find the number in (f) of this subsection for commission A, take the number calculated for commission A in step 2 ($1,605) and divide it by the total step 2 calculations for all boards and commissions, excluding commission B. Assuming the total for all boards and commissions, excluding commission B, is $66,621, the number for commission A is 2.41. Multiply that by the total amount in step 2, including commission B, which equals $51 for commission A.

(h) The total amount owed by commission A is the base assessment in step 1 ($500), plus the amount in step 2 ($1,605), plus the amount in step 3 ($51) for a total contribution of $2,156.

(i) The total amount owed by commission B is the base assessment in step 1 ($3,000), plus the amount in step 2 ($7,500) for a total of $10,500.

History

Statutory Authority: RCW 43.23.033 and chapter 34.05 RCW. WSR 20-01-109, § 16-501-015, filed 12/13/19, effective 1/13/20. Statutory Authority: Chapters 15.65, 15.66, 15.24, 16.67, 15.44, 15.28, 15.26, 15.88, and 43.23 RCW. WSR 02-16-045, § 16-501-015, filed 8/1/02, effective 9/1/02.

Wash. Admin. Code § 16-501-525 Unsigned ballot envelopes: Advisory votes, referenda, and board member elections.

The director of the department of agriculture is responsible for administering marketing order referenda under chapters 15.65 and 15.66 RCW and for administering elections for advisory votes and board member selection as authorized in RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, and 16.67.060.

(1) The department will mail ballots to those eligible to vote in each election according to the terms of the applicable statute and marketing order. Each voter will be provided an official ballot, instructions for voting, a security envelope and return ballot-mailing envelope with a "Certificate of Eligibility" (certification) printed on the reverse side of the envelope.

(2) After casting a vote in the election, an eligible voter must place the ballot in the security envelope, which is then placed in the ballot-mailing return envelope with the certification on the reverse side. To validate their ballot, the voter is required to complete, sign and date the certification.

(3) In the event a ballot is submitted to the department and the certification is not signed and dated in accordance with the instructions contained on the outside of the ballot-mailing return envelope or the ballot is returned in a different envelope without a certification, the ballot-mailing envelope will not be opened nor will the ballot it contains be counted. The unopened ballot-mailing envelope will be set aside and retained in accordance with the appropriate records retention schedule.

(4) Only validated ballots will be included in a ballot count.

(5) This rule applies to referenda, advisory votes, elections, and runoffs required by statute.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-23-105, s 16-501-525, filed 11/20/24, effective 12/21/24. Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060 and chapter 34.05 RCW. WSR 18-21-181, § 16-501-525, filed 10/24/18, effective 11/24/18. Statutory Authority: RCW 15.65.047 and 15.66.055. WSR 05-08-078, § 16-501-525, filed 4/1/05, effective 5/2/05.

Chapter 16-505 Washington beer commission.

Wash. Admin. Code § 16-505-005 Definitions.

"Disclosure" means inspection or copying.

"Public records" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the commission regardless of physical form or characteristics.

History

Statutory Authority: RCW 15.89.070, 42.56.040 and chapter 34.05 RCW. WSR 17-09-075, § 16-505-005, filed 4/19/17, effective 5/20/17.

Wash. Admin. Code § 16-505-010 Collection of assessment.

(1) The Washington beer commission is authorized under RCW 15.89.040 and 15.89.110(1) to collect an assessment upon beer produced by an affected producer. The annual assessment is ten cents per barrel of beer produced, up to ten thousand barrels per location, as verified by federal excise tax reports.

(2) The commission shall directly bill affected producers by providing written notice in the form of an assessment invoice. Affected producers shall calculate their assessment on the assessment invoice using the annual production figure as based upon their federal excise tax report. Affected producers must submit the completed assessment invoice, the assessment payment due and a copy of the affected producer's federal excise tax report for verification to the commission at the address specified on the assessment invoice.

(3) The first assessment will be due and payable to the commission no sooner than July 2007 and will be based upon beer production during the fourth quarter of 2006.

(4) The second assessment will be due and payable to the commission no sooner than January 2008 and will be based upon beer production during the calendar year of 2007.

(5) Assessments thereafter will be due and payable to the commission annually no sooner than January and will be based upon the previous year's production.

(6) At this time, assessments due and payable to the commission shall not be reduced based on in-kind contributions.

(7) Failure to receive an invoice for the previous year's product does not relieve an affected producer of its obligation to pay any assessment when due.

History

Statutory Authority: RCW 15.89.110(2) and chapter 34.05 RCW. WSR 07-13-005, § 16-505-010, filed 6/7/07, effective 7/8/07.

Wash. Admin. Code § 16-505-015 Failure to pay assessment.

(1) In the event any affected producer fails to pay the commission the full amount of such assessment or such other sum on or before the date due, the commission may add to such unpaid assessment or sum an amount not exceeding ten percent of the same to defray the cost of enforcing the collection of the amount due.

(2) In the event of failure of such person or persons to pay any such due and payable assessment or other such sum, the commission may bring a civil action against such person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

History

Statutory Authority: RCW 15.89.110(2) and chapter 34.05 RCW. WSR 07-13-005, § 16-505-015, filed 6/7/07, effective 7/8/07.

Wash. Admin. Code § 16-505-020 Requests for public records.

(1) All requests for disclosure of public records must be submitted in writing directly to the commission's public records officer by mail to: Washington Beer Commission, 11112 117th Place N.E., Kirkland, WA 98033. The request may also be submitted by email to eric@washingtonbeer.com. The written request should include:

(a) The name, address, and telephone number or other contact information of the person requesting the records;

(b) The calendar date on which the request is made; and

(2) Any person wishing to inspect the commission's public records may make an appointment with the public records officer to inspect the records at the commission office during regular business hours. In order to adequately protect the commission's public records, the following will apply:

(a) Public records made available for inspection may not be removed from the area the commission makes available for inspection;

(b) Inspection of any public record will be conducted in the presence of the public records officer or designee;

(d) The commission has the discretion to designate the means and the location for the inspection of records. The viewing of those records that require specialized equipment shall be limited to the availability of that equipment located at the commission's office and the availability of authorized staff to operate that equipment.

History

Statutory Authority: RCW 15.89.070, 42.56.040 and chapter 34.05 RCW. WSR 17-09-075, § 16-505-020, filed 4/19/17, effective 5/20/17.

Wash. Admin. Code § 16-505-075 Response to public records requests.

(1) The public records officer shall respond to public records requests within five business days by:

(a) Making the records available for inspection or copying;

(b) Providing a link or address for a record available on the internet under RCW 42.56.520;

(c) Acknowledging receipt of the request and providing a reasonable estimate of the time the commission will require to respond to the request;

(d) Sending the copies to the requestor if copies are requested and payment of a deposit for the copies is made or terms of payment have been agreed upon; or

(e) Denying the public records request. Responses refusing in whole or in part the inspection of a public record shall include a statement of the specific exemption authorizing withholding of the record, or any part of the record, and a brief explanation of how the exemption applies to the record withheld or to any redactions in records produced.

(2) Additional time to respond to the request may be based upon the need to:

(a) Clarify the intent of the request;

(b) Locate and assemble the information requested;

(d) Determine whether any of the information requested is exempt from disclosure and that a denial should be made as to all or part of the request.

(3) In acknowledging receipt of a public records request that is unclear, the public records officer may ask the requestor to clarify what records the requestor is seeking. The public records officer is not obligated to provide further response if the requestor fails to clarify the request.

History

Statutory Authority: RCW 15.89.070, 42.56.040 and chapter 34.05 RCW. WSR 17-09-075, § 16-505-075, filed 4/19/17, effective 5/20/17.

Wash. Admin. Code § 16-505-080 Fees—Inspection and copying.

(1) No fee will be charged for the inspection of public records.

(2) The commission charges a fee of fifteen cents per page of black and white photocopy plus postage for reimbursement of the costs of providing public records.

(3) Requests for records in special formatting, including color copies, will be charged at the amount necessary to reimburse the commission for its actual production costs. If the public records officer deems it more efficient to have copying or duplicating done outside the commission, the charges will be based on the actual cost of such outside copying or duplicating service. For all copying or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable within fifteen days of receipt of the invoice and is payable to the Washington beer commission. The commission may require that all charges be paid in advance of release of the copies of the records.

(4) The commission or its designee may waive any of the foregoing copying costs.

History

Statutory Authority: RCW 15.89.070, 42.56.040 and chapter 34.05 RCW. WSR 17-09-075, § 16-505-080, filed 4/19/17, effective 5/20/17.

Wash. Admin. Code § 16-505-085 Exemptions.

The commission's public records are available for disclosure except as otherwise provided under chapter 42.56 RCW or any other law. Requestors should be aware of the following exemptions to public disclosure specific to commission records. This list is not exhaustive and other exemptions may apply:

(1) Production or sales records required to determine assessment levels and actual assessment payments to the commission under chapter 15.89 RCW (reference RCW 42.56.380(3)).

(2) Financial and commercial information and records supplied by persons:

(a) To the commission for the purpose of conducting a referendum for the establishment of the commission; or

(b) To the commission under chapter 15.89 RCW with respect to domestic or export marketing activities or individual producer's production information (reference 42.56.380(5)).

(3) Lists of individuals requested for commercial purposes (reference RCW 42.56.070(9)).

(4) Records that are relevant to a controversy to which the commission is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts, including records involving attorney-client communications between the commission and the office of the attorney general (reference RCW 5.60.060(2)).

History

Statutory Authority: RCW 15.89.070, 42.56.040 and chapter 34.05 RCW. WSR 17-09-075, § 16-505-085, filed 4/19/17, effective 5/20/17.

Wash. Admin. Code § 16-505-090 Review of denial of public records requests.

(1) Any person who objects to the initial denial of a request to copy or inspect public records may petition the commission for review of such decision by submitting a written request to the commission. The request shall specifically refer to statement which constituted or accompanied the denial.

(2) The commission's executive director or designee shall immediately consider the matter and either affirm or reverse the denial within ten business days following the commission's receipt of the written request for review of the original denial.

(3) Under RCW 42.56.530, if the commission denies a requestor access to public records because it claims the record is exempt in whole or in part from disclosure, the requestor may request the attorney general's office to review the matter.

(4) Any person may obtain court review of a denial of a public records request under RCW 42.56.550.

History

Statutory Authority: RCW 15.89.070, 42.56.040 and chapter 34.05 RCW. WSR 17-09-075, § 16-505-090, filed 4/19/17, effective 5/20/17.

Wash. Admin. Code § 16-505-095 Records index.

The commission shall establish a records index, which shall be made available for public review.

History

Statutory Authority: RCW 15.89.070, 42.56.040 and chapter 34.05 RCW. WSR 17-09-075, § 16-505-095, filed 4/19/17, effective 5/20/17.

Chapter 16-516 Washington potatoes.

Wash. Admin. Code § 16-516-003 Director's order making marketing order effective and creating a potato commission.

(1) Whereas, the director of agriculture of the state of Washington acting pursuant to and by virtue of the authority vested in the director by the provisions of the Washington Agricultural Enabling Act, being chapter 15.66 RCW, issued on June 6, 1956, that certain marketing order entitled, "Marketing Order for Washington Potatoes Providing for the Creation of a Washington Potato Commission," for the written referendum assent of the affected producers in accordance with RCW 15.66.090; and

(2) Whereas, the director of agriculture has found that more than 51 percent of the affected producers have replied to the written referendum within the time specified by the director and that said marketing order for Washington potatoes has been assented to in writing by more than 65 percent of the producers who produced more than 51 percent by volume of the said potatoes reported produced in the state of Washington during the past five years; said determination being based upon the official affected producer list of potato producers established by the director pursuant to the provisions of RCW 15.66.060, which list is now on file in the department; said affected producers being qualified to assent to said marketing order;

(3) Now therefore, I, Sverre N. Omdahl, director of the department of agriculture of the state of Washington, acting pursuant to and by virtue of the authority vested in me by said act, do hereby make effective the said marketing order for Washington potatoes providing for the creation of a Washington potato commission, said order to be effective at 12:01 a.m. July 23, 1956.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-23-104, s 16-516-003, filed 11/20/24, effective 12/21/24
Order and Findings, effective 7/23/56.

Wash. Admin. Code § 16-516-005 Marketing order for Washington potatoes—Policy statement.

(1) The production of potatoes within this state is in the public interest. It is vital to the continued economic well-being of the citizens of this state and their general welfare that its potatoes be properly encouraged by enabling producers of potatoes to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standardizing of the potatoes they produce.

(2) It is in the overriding public interest that support for the potato industry be clearly expressed and that adequate protection be given to the industry and its activities and operations as part of a comprehensive agricultural industry to:

(a) Eliminate or limit impediments affecting the sale and use of Washington state's potatoes in local, domestic, and foreign markets;

(b) Respond to public requests for information regarding the quality, care, and methods used in the production of Washington state's potatoes;

(c) Respond to public requests for information regarding the nutritional, health-giving qualities and dietetic value of Washington state's potatoes and products; and

(d) Support and engage in programs or activities that benefit the planting, production, harvesting, handling, processing, transportation and utilization of potatoes produced in Washington state.

(3) The director is authorized to implement and administer chapter 15.66 RCW through this marketing order.

(4) The Washington state potato commission exists primarily for the benefit of the people of the state of Washington and its economy.

History

Statutory Authority: RCW 15.66.030, 15.66.053, 15.66.055, and chapter 34.05 RCW. WSR 06-03-003, § 16-516-005, filed 1/4/06, effective 2/4/06. Marketing Order for Washington Potatoes, effective 7/23/56.

Wash. Admin. Code § 16-516-006 Marketing order purposes.

The purpose of this marketing order is to promote the general welfare of the state and to maintain and protect existing markets, increase production efficiency, and ensure a fair regulatory environment for potatoes produced in Washington. The commission is designated by the director to conduct the following programs in accordance with chapter 15.66 RCW:

(1) Unfair trade practices and foreign regulatory barriers.

(a) The commission, subject to the provisions of the act, may investigate alleged unfair trade practices and foreign regulatory barriers that hinder the sale, production, transport, or export of Washington-produced potatoes or potato products.

(b) If the commission finds as a result of an investigation that trade or foreign regulatory barriers are restricting the free flow of potatoes produced in this state, the commission may institute appropriate action before any agency or body deemed necessary to correct the situation.

(c) If the commission finds as a result of an investigation that transportation rates and service costs are restricting the free flow of potatoes produced in this state, the commission may institute proper action before the interstate commerce commission or such other agency or body deemed necessary to correct the situation.

(d) Information and records acquired in any such investigation are exempt from public disclosure to the extent provided in RCW 15.66.105 and 42.17.31907 or any other applicable statute, except that such information may be released, to the extent necessary to effectuate the purposes of the act, in the presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the production, irrigation, transport, use, consumption, export, or sale of potatoes grown in this state, as authorized in RCW 15.66.105.

(2) Research.

(a) The commission, subject to the provisions of the act, may carry on or cause to be carried on any necessary and proper production, irrigation, processing, transportation or handling research relating to potatoes and to expend moneys for those purposes.

(b) The commission, subject to the provisions of the act, may engage in research that may include, but shall not necessarily be limited to, the following:

(i) Production problems, such as soil, seed, fertilizers, irrigation, insecticides, fungicides, herbicides and the like;

(ii) Developing and testing new potato cultivars with improved disease resistance, processing, nutritional, or horticultural characteristics;

(iii) Improving techniques and methods of harvesting potatoes;

(iv) Developing and improving methods of processing potatoes and potato by-products for the purpose of increasing and expanding their use for food and industrial purposes;

(v) Improving packing and handling techniques which promote more efficient operation in the marketing and distribution of potatoes;

(vi) Determining any special nutritive, nutraceutical or pharmaceutical qualities of potatoes produced in Washington;

(vii) Improving production practices, resource requirements and availability, and similar issues or matters that may impact the continued production of potatoes in Washington.

(c) The commission may, in addition to the activities enumerated above, carry on any other proper and necessary research programs and activities consistent with and subject to the limitations of the act. Such research may include the collection of data and information relating to potatoes; the analysis of such data and information; and the dissemination of such data, information and analysis to potato producers and handlers and in response to public requests.

(d) The commission, subject to the provisions of the act, is authorized to coordinate potato producers' potato crop protection chemical registrations and integrated pest management (IPM) implementation.

(3) Standards and grades.

(a) The potato commission, subject to the provisions of the act and chapter 34.05 RCW, may adopt rules to define, establish and provide labeling requirements for improving standards and grades for potatoes, as provided in the act, not inconsistent with the horticultural laws of this state with respect to the same, and to expend moneys for such purposes.

(b) The commission shall give reasonable written notice to all producers, handlers and persons directly affected by the labeling requirements issued pursuant to this section in accordance with rule-making proceedings conducted under chapter 34.05 RCW.

(c) The commission may cooperate with state and federal agencies or departments responsible for revising and modernizing grades and standards and labeling of potatoes.

(d) Nothing in this section shall be construed as authorizing the commission to set minimum grades, sizes or maturity of potatoes which a producer may sell, offer for sale or ship.

(4) Public education. The commission may respond to requests from the public for information regarding:

(a) The economic, environmental and nutritional value and benefits of potatoes and the Washington potato industry;

(b) The quality, care and methods used in the production of Washington potatoes;

(d) The effects of trade, transportation and regulatory barriers on the Washington potato industry.

(5) Grower and industry education. The commission, subject to the provisions of the act, may conduct programs to provide information and education to the Washington state potato industry including:

(a) Public opinion or awareness research information for producers of potatoes;

(b) Industry-related education and training;

(c) Information and services enabling producers to meet resource conservation objectives and keep current with issues impacting their business.

History

Statutory Authority: RCW 15.66.030, 15.66.053, 15.66.055, and chapter 34.05 RCW. WSR 06-03-003, § 16-516-006, filed 1/4/06, effective 2/4/06.

Wash. Admin. Code § 16-516-010 Definitions.

The following terms shall have the meanings given in RCW 15.66.010, supplemented by the following additional definitions:

"Act" means the Washington state agricultural commodity commissions statute, chapter 15.66 RCW;

"Affected area" or "area of production" are synonymous and mean all of the state of Washington;

"Affected commodity" means potatoes as defined in this section;

"Affected handler" means any handler of potatoes;

"Affected producer" means any producer who is subject to this marketing order;

"Agricultural development" means activities intended to increase the efficiency, productivity, or fair market access of Washington potatoes and potato products;

"Commercial quantities" shall mean and include five hundredweight or more per growing season;

"Disclosure" means inspection or copying;

"Director" means the director of agriculture of the state of Washington or any qualified person or persons designated by the director of agriculture to act on the director's behalf concerning some matter under this chapter;

"District" means the geographical divisions of the area of potato production established pursuant to the provisions of WAC 16-516-020;

"Handler" means any person who acts, either as principal, agent, or otherwise, in the processing, packing, shipping, selling, marketing, or distributing of potatoes that are not produced by the handler. "Handler" does not include a common carrier used to transport an agricultural commodity. "To handle" means to act as a handler;

"Hundredweight" or "affected unit" are synonymous and mean and include each 100 pound unit or any combination of packages making a 100 pound unit of potatoes;

"Marketing season" or "fiscal year" are synonymous and mean the 12-month period beginning July 1st of any year and ending upon the last day of June, both dates inclusive;

"Person" includes any individual, firm, corporation, limited liability company, trust, association, partnership, society or any other organization of individuals or any unit or agency of local or state government;

"Potato commission" or "commission" are synonymous and mean the commission established pursuant to the provisions of WAC 16-516-020;

"Potatoes" means and includes all kinds and varieties of Irish potatoes grown in the state of Washington and marketed, sold or intended for use for human consumption;

"Producer" means any person engaged in the production of potatoes grown in Washington for market in commercial quantities, and it includes a landowner, landlord, tenant or other person that participates in the growing or producing of the affected commodity and who has a proprietary interest in the potatoes so produced. "To produce" means to act as a producer;

"Public records" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the department regardless of physical form or characteristics;

"Research" means scientific research conducted by a university or other accredited researcher on pest and disease surveys; pest and disease control tools or techniques; planting, harvesting, handling and other production or processing tools or techniques; health or nutritional qualities or benefits of potatoes or potato products; and environmental issues including, but not limited to, water use, water quality, water quantity, and erosion control related to production of potatoes or potato products. Results of agricultural research conducted under the provisions of this marketing order shall be public information;

"Sale" means a transaction wherein the property in or to potatoes is transferred from the producer to a purchaser for consideration. "Sale" shall also include an agreement to acquire such property for a consideration;

"Unfair trade practice" means any practice that is unlawful or prohibited under the laws of the state of Washington including but not limited to Titles 15, 16, and 69 RCW and chapters 9.16, 19.77, 19.80, 19.84, and 19.83 RCW, or any practice, whether concerning interstate or intrastate commerce that is unlawful under the Federal Trade Commission Act of 1914, as amended (38 Stat. 719; 15 U.S.C. Sec. 41 et seq.) or the violation of or failure to accurately label as to grades and standards in accordance with any lawfully established grades or standards or labels.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-23-104, s 16-516-010, filed 11/20/24, effective 12/21/24. Statutory Authority: RCW 15.66.055, 42.56.040, and chapter 34.05 RCW. WSR 17-05-033, § 16-516-010, filed 2/8/17, effective 3/11/17. Statutory Authority: RCW 15.66.030, 15.66.053, 15.66.055, and chapter 34.05 RCW. WSR 06-03-003, § 16-516-010, filed 1/4/06, effective 2/4/06. Statutory Authority: RCW 15.66.020. WSR 00-11-180, § 16-516-010, filed 5/24/00, effective 6/24/00
Marketing Order, Article I, effective 7/23/56.

Wash. Admin. Code § 16-516-020 Potato commission.

(1) Establishment and membership. A potato commission is hereby established to administer this marketing order which shall be composed of nine members who shall be producers elected from districts as provided in subsections (2) and (3) of this section and five members who shall be appointed by the elected producer members as provided in subsection (4) of this section. In addition, the director shall appoint one member to the commission to represent the director as a voting member of the commission.

(2) Representative districts. For the purpose of nomination and selection of producer members of the commission, the affected area of the state of Washington shall be divided into three representative districts as follows:

(a) "District No. 1" shall be and include the counties of Douglas, Chelan, Okanogan, Grant, Adams, Ferry, Stevens, Pend Oreille, Spokane, Whitman and Lincoln.

(b) "District No. 2" shall be and include the counties of Kittitas, Yakima, Klickitat, Benton, Franklin, Walla Walla, Columbia, Garfield, and Asotin.

(3) Elected membership. Producer members shall be elected from the districts as follows:

(a) Positions 1, 2, 3, and 4 shall be elected from District No. 1.

(b) Positions 5, 6, 7, and 8 shall be elected from District No. 2.

(4) Appointed membership.

(a) Positions 10, 11, 12, 13, and 14 shall be appointed by the elected producers as provided in subsections (1) and (5)(b) of this section.

(b) Position 15 shall be appointed by the director as provided in subsection (1) of this section.

(5) Membership qualifications. Commission members shall be citizens and residents of this state, over the age of 18 years.

(a) Producer members of the commission shall be producers of potatoes in the district in and for which they are nominated and elected. The producer members shall be and have been actively engaged in producing potatoes for a period of at least three years, and shall derive a substantial proportion of their incomes from the sale of potatoes. A producer member of the commission must have paid an assessment to the commission on potatoes in each of the preceding three calendar years. The qualifications of producer members of the commission as herein set forth must continue during their term of office.

(b) Members of the commission appointed by the elected producers to positions 10, 11, 12, 13, and 14 shall be potato producers or handlers or others active in matters directly relating to Washington state potatoes and have a demonstrated record of service in the potato industry in Washington state.

(6) Term of office. The term of office of the elected and appointed producer members of the commission shall be three years from the date of their election or appointment and until their successors are elected or appointed and qualified. Commencing on July 1, 2005, the term of office for members of the commission shall be as follows: Positions 1, 5 and 7 shall terminate June 30, 2008; positions 3, 4 and 6 shall terminate June 30, 2006; positions 2, 8 and 9 shall terminate June 30, 2007; positions 10 and 11 shall terminate June 30, 2008; positions 12 and 14 shall terminate June 30, 2006; and position 13 shall terminate June 30, 2007.

(7) Nomination and election of commission members. Nomination and election of commission members shall be as set forth in the act and specified by the director. Dates will be set as follows:

(a) Not earlier than March 18th and not later than April 2nd of each year, the director shall give notice by mail to all producers in each district in which one or more open positions will occur in the commission and call for nominations. Nominating petitions shall be signed by five persons qualified to vote for such candidates. Such notice shall state the final date for filing said petitions which shall be not earlier than April 7th and not later than April 12th of each year.

(b) Not earlier than April 17th and not later than May 2nd of each year, the director shall mail ballots to all affected producers in each district in which one or more open positions will occur. Ballots must be received by the director not later than June 1st of such year. Such mailed ballot shall be conducted in a manner so that it shall be a secret ballot in accordance with rules adopted by the director. An affected producer is entitled to one vote.

(c) Each appointed producer member of the commission shall be elected by majority vote of the elected commissioners in a public vote at a public meeting held within 90 days prior to the expiration of the appointed member's term.

(8) Vacancies. In the event of a vacancy on the board in an elected or commission-appointed position, the remaining members shall select a qualified person to fill the unexpired term. The appointment shall be made at the board's first or second meeting after the position becomes vacant. Any member so appointed shall serve until the normal expiration of their term.

(9) Powers and duties of commission. The commission shall have the following powers and duties:

(a) To administer, enforce, direct and control the provisions of this marketing order and of the act relating thereto;

(b) To elect a chairman and such other officers as the commission may deem advisable; and to select subcommittees of commission members;

(c) To adopt, rescind, and amend rules reasonably necessary for the administration and operation of the commission and the enforcement of its duties under this marketing order;

(d) To employ and discharge at its discretion such administrators and additional personnel, attorneys, research agencies and other persons and firms that it may deem appropriate and pay compensation to the same;

(e) To acquire personal property and lease office space and other necessary real property and transfer and convey the same;

(f) To institute and maintain in its own name any and all legal actions, including actions by injunction, mandatory injunction or civil recovery, or proceedings before administrative tribunals or other governmental authorities necessary to carry out the provisions of the act and of this marketing order;

(g) To keep accurate records of all its receipts and disbursements, which records shall be open to inspection and audit by the department and other legal agencies of the state and make annual reports therefrom to the state auditor;

(h) To borrow money and incur indebtedness;

(i) To make necessary disbursements for routine operating expenses;

(j) To collect the assessments of producers as provided in this marketing order and to expend the same in accordance with and to effectuate the purposes of the act and this marketing order;

(k) To prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of this marketing order during each fiscal year. The commission, at least 45 days prior to the beginning of its fiscal year, shall prepare and submit to the director its budget, research plan, and its commodity-related education and training plan;

(l) To accept and receive gifts and grants from private persons or private and public agencies and expend the same to effectuate the purposes of the act and this order;

(m) To work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes set forth in this marketing order;

(n) To enter into contracts or interagency agreements with any private or public agency, whether federal, state, or local, to carry out the purposes set forth in this marketing order. Personal service contracts must comply with chapter 39.29 RCW;

(o) To enter into contracts or agreements for research in the production, irrigation, processing, transportation, use, distribution and trade barriers impacting potatoes and potato products;

(p) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of the commission. The retention of a private attorney is subject to review by the office of the attorney general;

(q) To participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, irrigation, manufacture, regulation, transportation, distribution, sale or use of potatoes as requested by any elected official or officer or employee of any agency and as authorized under RCW 42.17.190, including the reporting of those activities to the public disclosure commission;

(r) To assist and cooperate with the department or any other local, state, or federal government agency in the investigation and control of exotic pests and diseases that could damage or affect trade of the affected commodity;

(s) To acquire or own intellectual property rights, licenses, or patents and to collect royalties resulting from commission-funded research related to the affected commodity;

(t) To engage in appropriate fund-raising activities for the purpose of supporting activities of the commission authorized by this marketing order;

(u) To establish a foundation using commission funds as grant money for the purposes established in this marketing order;

(v) To maintain a list of the names and addresses of affected producers that may be compiled from information used to collect assessments under the provisions of this marketing order and data on the value of each producer's production for a minimum three-year period pursuant to RCW 15.66.140(18);

(w) To maintain a list of the names and addresses of persons who handle potatoes within the affected area and data on the amount and value of the potatoes handled by each person pursuant to RCW 15.66.140(19) for a minimum three-year period;

(x) To maintain a list of names and addresses of all affected persons who produce potatoes and the amount, by unit, of potatoes produced during the past three years pursuant to RCW 15.66.143(1);

(y) To maintain a list of all persons who handle potatoes and the amount of potatoes handled by each person during the past three years pursuant to RCW 15.66.143(2);

(z) To check records of producers or handlers of the affected commodity during normal business hours to determine whether the appropriate assessment has been paid; and

(aa) To exercise such other powers and perform such other duties as are necessary and proper to effectuate the purposes of the act and of this order.

(10) Procedure for commission.

(a) The commission shall by resolution establish a headquarters which shall continue as such unless and until so changed by the commission, at which headquarters shall be kept the books, records and minutes of the commission meetings.

(b) The commission shall hold regular meetings at least quarterly, with the time and date thereof to be fixed by the resolution of the commission. Notice of the meetings shall be published in the potato commission newsletter and sent to the appropriate general and agricultural media outlets.

(c) The commission may hold such special meetings as it may deem advisable and shall establish by resolution the time, place and manner of calling such special meetings with reasonable notice as required in RCW 42.30.080.

(d) Any action taken by the commission shall require the majority vote of the members present, provided a quorum is present.

(e) A quorum of the commission shall consist of at least nine members.

(f) No members of the commission shall receive any salary or other compensation from the commission, except that each member shall be paid a specified sum to be determined by resolution of the commission, which shall not exceed the compensation rate set by RCW 43.03.230 or state travel expense rates in accordance with RCW 43.03.050 and 43.03.060 for each day spent in actual attendance at or traveling to and from meetings of the commission or on special assignments for the commission, except the commission may adopt by resolution provisions for reimbursement of actual travel expenses incurred by members of the commission in carrying out the provisions of this marketing order pursuant to RCW 15.66.130.

(11) Limitation of liability of commission members and employees. Obligations incurred by the commission and any other liabilities or claims against the commission shall be enforced only against the assets of the commission in the same manner as if it were a corporation and no liability for the debts or actions of the commission shall exist against either the state of Washington or any subdivision or instrumentality thereof or against any other commission established pursuant to the act or the assets thereof or against any member officer, employee or agent of the commission in their individual capacity. The members of the commission, including employees thereof, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-23-104, s 16-516-020, filed 11/20/24, effective 12/21/24. Statutory Authority: RCW 15.66.030, 15.66.053, 15.66.055, and chapter 34.05 RCW. WSR 06-03-003, § 16-516-020, filed 1/4/06, effective 2/4/06. Statutory Authority: RCW 15.66.020. WSR 00-11-180, § 16-516-020, filed 5/24/00, effective 6/24/00. Statutory Authority: RCW 15.66.090. WSR 80-05-073 (Order 1684), § 16-516-020, filed 4/28/80, effective 6/1/80
Marketing Order, Article II, effective 7/23/56.

Wash. Admin. Code § 16-516-040 Assessments and assessment funds.

(1) Assessments levied.

(a) On and after the effective date of this order, there is hereby levied and there shall be collected by the commission, as provided in the act, upon all potatoes grown in the state an annual assessment of four cents per hundredweight which shall be paid by the producer thereof upon each and every hundredweight of potatoes sold, processed, delivered for sale or processing by the producer or stored or delivered for storage when storage or delivery for storage shall be outside the boundaries of this state: Provided, that no assessment shall be collected on the following:

(i) Potatoes grown and sold for seed under an established seed certification program;

(ii) Potatoes sold for livestock feed, regardless of grade;

(iii) Potatoes sold for nonfood products, such as industrial starch;

(iv) Potatoes of a producer's own production used by the producer on their own premises for seed, feed or personal consumption;

(v) Potatoes donated or shipped for relief or charitable purposes; or

(vi) Sales on a producer's premises by a producer direct to a consumer of 500 pounds or less of potatoes from a producer's own production.

(b) The commission may provide by rule for an assessment discount not to exceed 25 percent of the total hundredweight on field run or ungraded potatoes to allow for cull potatoes not used or intended for use for human consumption.

(c) No assessment levied or made collectable by the act under this order shall exceed three percent of the total market value of all potatoes sold, processed or delivered for sale or processing by all producers of potatoes for the fiscal year to which the assessment applies.

(2) Collection of assessment.

(a) All assessments made and levied pursuant to the provisions of the act under this marketing order shall apply to the respective producer who shall be primarily liable therefore.

(b) Handlers receiving potatoes from the producer, including warehousemen and processors shall collect producer assessments from producers whose production they handle, and all moneys so collected shall be paid to the commission on or before the 20th day of the succeeding month for the previous month's collections. Each handler shall at times required by rule file with the commission a return under oath on forms to be furnished by the commission, stating the quantity of potatoes handled, processed, delivered and/or shipped during the period prescribed by the commission.

(c) Producer assessments may be paid before the potatoes are shipped off the farm or at different or later times. If assessments are paid after the potatoes are shipped off the farm, any person subject to the assessment shall give adequate assurance or security for its payments as the commission shall require by rule.

(d) The commission may adopt rules in accordance and conformity with the act and with this section to effectuate the collection of assessments. On or before the beginning of each marketing season, the commission shall give reasonable notice to all producers, handlers and other affected persons of the method or methods of collection to be used for that marketing season and of the assessment discount, if any, allowable on field run or ungraded potatoes.

(e) No affected units of potatoes shall be transported, carried, shipped, sold, stored or otherwise handled or disposed of until every due and payable assessment herein provided for has been paid and the receipt issued, but no liability hereunder shall attach to common carriers in the regular course of their business. When any potatoes for which exemption as provided in subsection (1) of this section is claimed are shipped either by railroad or truck, there shall be plainly noted on the bill of lading, shipping document, container or invoice, the reasons for the exemptions.

(f) Any producer or handler who fails to comply with the provisions of this subsection as herein provided shall be guilty of a violation of this order.

(3) Funds.

(a) Moneys collected by the potato commission pursuant to the act and this marketing order as assessments shall be used by the commission only for the purposes of paying for the costs or expenses arising in connection with carrying out the purposes and provisions of the act and this marketing order.

(b) At the end of each fiscal year the commission shall credit each producer with any amount paid by the producer in excess of three percent of the total market value of all potatoes sold, processed, delivered for sale or processing during that period. Refund may be made only upon satisfactory proof given by the producer, which may include bills of lading, bills of sale, or receipts.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-23-104, s 16-516-040, filed 11/20/24, effective 12/21/24. Statutory Authority: RCW 15.66.030, 15.66.053, 15.66.055, and chapter 34.05 RCW. WSR 06-03-003, § 16-516-040, filed 1/4/06, effective 2/4/06. Statutory Authority: RCW 15.66.040. WSR 90-09-068, § 16-516-040, filed 4/18/90, effective 7/1/90. Statutory Authority: RCW 15.66.090. WSR 80-05-073 (Order 1684), § 16-516-040, filed 4/28/80, effective 6/1/80
Marketing Order, Article IV, effective 7/23/56.

Wash. Admin. Code § 16-516-050 Information reports.

All persons subject to the provisions of this marketing order shall make and render reports and furnish information to the director or the commission as required under the act or this order. Information and records obtained by the director or commission are exempt from public disclosure to the extent provided in RCW 15.66.105 and 42.17.31907 or any other applicable statute.

History

Statutory Authority: RCW 15.66.030, 15.66.053, 15.66.055, and chapter 34.05 RCW. WSR 06-03-003, § 16-516-050, filed 1/4/06, effective 2/4/06. Marketing Order, Article V, effective 7/23/56.

Wash. Admin. Code § 16-516-060 Separability.

If any provisions hereof are declared invalid, or the applicability thereof to any person, circumstances or thing is held invalid, the validity of the remainder hereof or of the applicability thereof to any other person, circumstances, or thing shall not be affected thereby.

History

Marketing Order, Article VI, effective 7/23/56.

Wash. Admin. Code § 16-516-100 Definitions.

The following definitions apply to rules in this chapter adopted by the Washington potato commission unless otherwise provided:

"Hosting" may include providing meals, refreshments, lodging, transportation, gifts of nominal value, reasonable and customary entertainment, and normal incidental expenses at meetings or gatherings.

"Trade relations hosting" means the hosting of individuals and groups of individuals at meetings, meals, and gatherings for the purpose of cultivating trade relations for Washington state potatoes and potato products.

History

Statutory Authority: Chapters 15.66 and 34.05 RCW, specifically RCW 15.66.140(2). WSR 06-03-002, § 16-516-100, filed 1/4/06, effective 2/4/06. Statutory Authority: Chapter 15.66 RCW and RCW 15.04.200. WSR 01-09-028, § 16-516-100, filed 4/10/01, effective 5/11/01.

Wash. Admin. Code § 16-516-110 Commission rules—Reporting and paying assessments.

Effective with the growing season of 1962, the following procedure is established for the reporting and paying assessments levied pursuant to RCW 15.66.150 and WAC 16-516-040:

(1) The commission shall have the discretion to determine which one or more of the methods hereinafter set forth shall be respectively followed by each respective affected producer and or handler in reporting and paying assessments.

(2) Assessments shall be paid in accordance with one or more of the following methods as prescribed by the commission, in its discretion, for each respective affected producer and or handler:

(a) By means of collection from producers by handlers at the time the potatoes are first handled, and payment by said handlers to the commission of the assessments so collected.

(i) The commission shall bill each handler at such intervals, not less frequently than monthly, as the commission may from time to time determine, for the assessments due upon potatoes handled in the preceding period for which billing has not previously been made, and upon which assessments have not been paid, computed on the basis of the quantity of potatoes so handled as recorded on potato shipping records pertaining to each handler prepared by the state of Washington department of agriculture in behalf of the commission, and filed with the commission, or, with respect to handlers who are packers or processors, on the basis of the quantity of potatoes so handled as recorded on potato shipping records pertaining to such packer or processor prepared by such packer or processor and filed with the commission.

(ii) In the event potatoes subject to assessment are handled by processors or other handlers under circumstances in which no potato shipping record is filed with the commission with respect to the potatoes so handled the handler shall, at the time of submitting the report required by subsection (a)(iii) immediately following, pay in full the assessment on the potatoes so reported.

(iii) Each handler shall, in any event, file a monthly report, under oath, on forms provided by the commission, showing the name and address of the handler making the report, the quantity of potatoes handled during the preceding calendar month, the name, address, handler's lot number, and quantity of potatoes handled, for each respective producer, and the representative district as defined in WAC 16-516-020, within which the potatoes were grown. The report shall be filed with the commission not later than the 20th day of the month following that in which the potatoes were handled.

(b) By means of payment in cash by the producer, or handler, as determined by the commission in each respective instance, prior to the time the potatoes are shipped in either interstate or intrastate commerce.

History

Statutory Authority: Chapters 15.66 and 34.05 RCW, specifically RCW 15.66.140(2). WSR 06-03-002, § 16-516-110, filed 1/4/06, effective 2/4/06. Rule XII, filed 6/25/62
Rule XII, § 1, filed 4/7/61
Rule XII, filed 3/3/60.

Wash. Admin. Code § 16-516-125 Commission rules—Penalty assessments.

Pursuant to authority granted by RCW 15.66.170 and by WAC 16-516-020(8), in the event that any assessment is not paid within 90 days after the date of the billing therefore by the commission, or within 90 days after the due date of the report required by WAC 16-516-110 (b)(iii) and (iv) a sum equal to 10% of such unpaid assessment of unpaid portion thereof shall be added thereto and be due and owing to the commission.

History

Commission Rule XI, § 16-516-125, filed 6/26/72
Rule XI, filed 6/25/62
Rule XI, filed 3/3/60.

Wash. Admin. Code § 16-516-130 Commission rules—Assessments on field run or ungraded potatoes.

Assessments shall be levied upon potatoes sold on a field run or ungraded basis as follows:

(1) If payment to the grower for said potatoes is based upon the gross weight of potatoes sold and not upon the yield of any particular grade of potatoes as determined by any type of sorting or inspection, then upon 90% of the gross hundred weight of potatoes so sold.

(2) If payment to the grower for said potatoes is based upon the net weight of potatoes intended for human consumption derived from the potatoes so sold as determined by any type of sorting or inspection, then upon the total net weight of such potatoes intended for human consumption.

History

Order XII, § 16-516-130, filed 7/2/73
Rule XIII, filed 3/3/60.

Wash. Admin. Code § 16-516-150 Notice to director.

The commission shall notify the director in writing of any handler who has not established a record of prompt payment, and such handler shall be subject to the provisions of WAC 16-516-040 (2)(e) which states as follows: No affected units of potatoes shall be transported, carried, shipped, sold, stored or otherwise handled or disposed of until every due and payable assessment herein provided for has been paid and the receipt issued, but no liability hereunder shall attach to common carriers in the regular course of their business. When any potatoes for which exemption as provided in subsection (1) of this section is claimed are shipped either by railroad or truck, there shall be plainly noted on the bill of lading, shipping document, container or invoice, the reasons for such exemptions.

History

Statutory Authority: Chapters 15.66 and 34.05 RCW, specifically RCW 15.66.140(2). WSR 06-03-002, § 16-516-150, filed 1/4/06, effective 2/4/06. Order XII, § 16-516-150, filed 7/2/73.

Wash. Admin. Code § 16-516-160 Exemption from prepayment.

Any handler who has established a record of prompt payment during the entire previous potato shipping season and continues to maintain such record of prompt payment shall not be subject to the prepayment requirements set forth in WAC 16-516-140, such handler shall however at all times be subject to WAC 16-516-125.

History

Order XII, § 16-516-160, filed 7/2/73.

Wash. Admin. Code § 16-516-170 Rules for implementation of hosting by the Washington state potato commission.

The laws of section 1, chapter 26, Laws of 1985 (RCW 15.04.200) provide that agricultural commodity commission shall adopt rules governing hosting expenditures by agricultural commodity commission employees, agents, or commissioners. The rules governing agricultural development or trade relations hosting expenditures for the Washington state potato commission shall be as follows:

(1) Budget approval: Commission expenditures for agricultural development or trade relations hosting shall be pursuant to specific budget items as approved by the commission at annual public hearings on the commission budget.

(2) Officials and agents authorized to make expenditures: Individual commissioners and commission staff shall make agricultural development or trade relations hosting expenditures, or seek reimbursements for those expenditures, only in those instances where the expenditures have been approved by the commission.

(3) Payment and reimbursement. All payments and reimbursements shall be as identified and supported by vouchers to which receipts are attached. Voucher forms will be supplied by the commission, and shall require the following information:

(a) Name and position of each person hosted, provided that in case of a group of twenty-five or more persons, then only the name of the group hosting shall be required;

(b) General purpose of the hosting;

(d) To whom payment was or will be made;

(e) Signature of person seeking payment or reimbursement;

(4) The chairman of the commission and/or the executive director or assistant executive director are authorized to approve direct payment or reimbursements submitted in accordance with these rules.

(5) The following persons may be hosted when it is reasonably believed such hosting will cultivate trade relations for the Washington state potato industry, provided that such hosting shall not violate federal or state conflict of interest laws:

(a) Individuals from private business and accompanying interpreter or interpreters;

(b) Foreign government officials and accompanying interpreter or interpreters;

(c) Federal, state, and local officials, provided lodging, meals, and transportation will not be provided when such officials may obtain reimbursement for these expenses from their government employer;

(d) The general public, at meetings and gatherings open to the general public;

(e) Commissioners and employees of the commission when their attendance at meetings, meals, and gatherings at which the persons described in (a) through (d) of this subsection are being hosted will cultivate trade relations for the Washington state potato industry.

History

Statutory Authority: Chapters 15.66 and 34.05 RCW, specifically RCW 15.66.140(2). WSR 06-03-002, § 16-516-170, filed 1/4/06, effective 2/4/06. Statutory Authority: Chapter 15.66 RCW and RCW 15.04.200. WSR 01-09-028, § 16-516-170, filed 4/10/01, effective 5/11/01.

Wash. Admin. Code § 16-516-200 Public records officer.

The commission's public records shall be in the charge of the public records officer designated by the commission. The commission or its executive director may appoint a temporary public records officer to serve during the absence of the designated records officer. The public records officer shall be responsible for implementing the commission's rules regarding disclosure of public records, coordination of staff regarding disclosure of public records, and generally ensuring compliance by staff with public records disclosure requirements.

History

Statutory Authority: RCW 15.66.055, 42.56.040, and chapter 34.05 RCW. WSR 17-05-033, § 16-516-200, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-516-205 Requests for public records.

(1) All requests for disclosure of public records must be submitted in writing directly to the commission's public records officer by mail at 108 Interlake Road, Moses Lake, WA 98837, or by email at publicrecords@potatoes.com. The written request should include:

(a) The name of the person requesting the record and their contact information;

(b) The calendar date on which the request is made; and

(2) Any person wishing to inspect the commission's public records may make an appointment with the public records officer to inspect the records at the commission office during regular business hours. In order to adequately protect the department's public records, the following will apply:

(a) Public records made available for inspection may not be removed from the area the commission makes available for inspection;

(b) Inspection of any public record will be conducted in the presence of the public records officer or designee;

(d) The commission has the discretion to designate the means and the location for the inspection of records. The viewing of those records that require specialized equipment shall be limited to the availability of that equipment located at the commission office and the availability of authorized staff to operate that equipment.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-23-104, s 16-516-205, filed 11/20/24, effective 12/21/24. Statutory Authority: RCW 15.66.055, 42.56.040, and chapter 34.05 RCW. WSR 17-05-033, § 16-516-205, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-516-210 Response to public records request.

(1) The public records officer shall respond to public records requests within five business days by:

(a) Providing the record;

(b) Providing a link or address for a record available on the internet under RCW 42.56.520;

(c) Acknowledging receipt of the request and providing a reasonable estimate of the time the commission will require to respond to the request; or

(d) Denying the public record request. Responses refusing in whole or in part the inspection of a public record shall include a statement of the specific exemption authorizing the withholding of the record (or any part) and a brief explanation of how the exemption applies to the record(s) withheld or to any redactions in records produced.

(2) Additional time to respond to the request may be based upon the need to:

(a) Clarify the intent of the request;

(b) Locate and assemble the information requested;

(d) Determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.

(3) In acknowledging receipt of a public record request that is unclear, the public records officer may ask the requestor to clarify what records the requestor is seeking. The public records officer is not obligated to provide further response if the requestor fails to clarify the request.

History

Statutory Authority: RCW 15.66.055, 42.56.040, and chapter 34.05 RCW. WSR 17-05-033, § 16-516-210, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-516-215 Fees—Inspection and copying.

(1) No fee shall be charged for the inspection of public records.

(2) The commission shall charge thirty cents per black and white copy plus postage to reimburse itself for the costs of providing copies of public records.

(3) Requests for records in special formatting, including color copies, will be charged at the amount necessary to reimburse the commission for its actual production costs. If the public records officer deems it more efficient to have copying or duplicating done outside the commission, the charges will be based on the actual cost of such outside copying or duplicating service. For all copying or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable within fifteen days of receipt of invoice payable to the Washington potato commission. The commission may require that all charges be paid in advance of release of the copies of the records.

(4) The commission or its designee may waive any of the foregoing copying costs.

History

Statutory Authority: RCW 15.66.055, 42.56.040, and chapter 34.05 RCW. WSR 17-05-033, § 16-516-215, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-516-220 Exemptions.

(1) Production or sales records required to determine assessment levels and actual assessment payments to the commission under chapter 15.66 RCW (reference RCW 42.56.380(3)).

(2) Financial and commercial information and records supplied by persons:

(a) To the commission for the purpose of conducting a referendum for the establishment of the commission; or

(b) To the commission under chapter 15.66 RCW, with respect to domestic or export marketing activities or individual producer's production information (reference RCW 42.56.380(5)).

(3) Lists of individuals requested for commercial purposes (reference RCW 42.56.070(9)).

(4) Records which are relevant to a controversy to which the commission is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts, including records involving attorney-client communications between the department and the office of the attorney general privileged under RCW 5.60.060(2).

History

Statutory Authority: RCW 15.66.055, 42.56.040, and chapter 34.05 RCW. WSR 17-05-033, § 16-516-220, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-516-225 Review of denials of public records requests.

(1) Any person who objects to the denial of a request to copy or inspect public records may petition the commission for review of such decision by submitting a written request to the commission. The request shall specifically refer to the statement which constituted or accompanied the denial.

(2) The commission's executive director or designee shall immediately consider the matter and either affirm or reverse such denial. In any case, the request shall be returned with a final decision, within ten business days following receipt of the written request for review of the original denial.

(4) Any person may obtain court review of a denial of a public records request under RCW 42.56.550.

History

Statutory Authority: RCW 15.66.055, 42.56.040, and chapter 34.05 RCW. WSR 17-05-033, § 16-516-225, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-516-230 Records index.

The commission shall establish a records index, which shall be made available for public review. The records index may be accessed on the commission's website at www.potatoes.com.

History

Statutory Authority: RCW 15.66.055, 42.56.040, and chapter 34.05 RCW. WSR 17-05-033, § 16-516-230, filed 2/8/17, effective 3/11/17.

Chapter 16-520 Seed potatoes.

Wash. Admin. Code § 16-520-003 Director's order creating seed potato commission and making marketing order effective.

(1) Whereas, the director of agriculture of the state of Washington acting pursuant to and by virtue of the authority vested in the director by the provisions of the Washington Agricultural Enabling Act, being chapter 15.66 RCW, issued on August 17, 1956, that certain marketing order entitled, "Marketing order for Washington seed potatoes providing for the creation of a Washington seed potato commission," for the written referendum assent of the affected producers in accordance with RCW 15.66.090; and

(2) Whereas, the director of agriculture has found that more than 51 percent of the affected producers have replied to the written referendum within the time specified by the director and that said marketing order for Washington seed potatoes has been assented to in writing by more than 65 percent of the producers who produced more than 51 percent by volume of the said seed potatoes reported produced in the state of Washington during the past five years; said determination being based upon the official affected producer list of seed potato producers established by the director pursuant to the provisions of RCW 15.66.060, which list is now on file in the department; said affected producers being qualified to assent to said marketing order;

(3) Now therefore, I, Sverre N. Omdahl, director of the department of agriculture of the state of Washington, acting pursuant to and by virtue of the authority vested in me by said act, do hereby make effective the said act, do hereby make effective the said marketing order for Washington seed potatoes providing for the creation of a Washington seed potato commission, said order to be effective at 12:01 a.m. October 1, 1956.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-23-106, s 16-520-003, filed 11/20/24, effective 12/21/24
Order and Findings, issued 9/18/56.

Wash. Admin. Code § 16-520-005 Marketing order—Policy statement.

(1) The marketing of seed potatoes within this state is in the public interest. It is vital to the continued economic well-being of the citizens of this state and their general welfare that its seed potatoes be properly promoted by:

(a) Enabling producers of seed potatoes to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standardizing of the seed potatoes they produce; and

(b) Working towards stabilizing the agricultural industry by increasing consumption of seed potatoes within the state, the nation, and internationally.

(2) That it is in the overriding public interest that support for the seed potato industry be clearly expressed, that adequate protection be given to the industry and its activities and operations, and that the seed potatoes be promoted individually, and as part of a comprehensive agriculture industry to:

(a) Enhance the reputation and image of Washington state's seed potatoes.

(b) Increase the sale and use of Washington state's seed potatoes in local, domestic, and foreign markets.

(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production of Washington state's seed potatoes.

(d) Increase the public's knowledge of the qualities and value of Washington state's seed potatoes.

(e) Support and engage in programs or activities that benefit the planting, production, harvesting, handling, processing, marketing, and uses of seed potatoes produced in Washington state.

(3) The director is authorized to implement, administer, and enforce chapter 15.66 RCW through this marketing order.

(4) The Washington state seed potato commission exists primarily for the benefit of the people of the state of Washington and its economy, and with oversight by the director, the commission is authorized to speak on behalf of Washington state government with regard to seed potatoes under the provisions of this marketing order.

History

Statutory Authority: RCW 15.66.030, 15.66.053, 15.66.055, and chapter 34.05 RCW. WSR 10-22-008, § 16-520-005, filed 10/21/10, effective 11/21/10
Marketing Order for Washington Seed Potatoes, effective 10/1/56.

Wash. Admin. Code § 16-520-006 Marketing order purposes.

This marketing order is to promote the general welfare of the state and for the purpose of maintaining existing markets or creating new or larger local, domestic, and foreign markets; ensuring a fair regulatory environment; and increasing production efficiency of seed potatoes in Washington state. The Washington state seed potato commission is designated by the director to conduct the following programs in accordance with chapter 15.66 RCW:

(1) Research. The commission may research or enter into contracts or agreements for research in the production, irrigation, processing, transportation, marketing, use, or distribution of seed potatoes.

(2) Marketing and sales promotion plans.

(a) Subject to the provisions of the act, the commission is hereby authorized to prepare plans, administer and conduct programs and expend moneys for marketing and sales promotion for promoting the sale of seed potatoes including, but not necessarily limited to, the following:

(i) Increasing the sales of Washington produced seed potatoes through the use of the press, radio, television and all other marketing media.

(ii) Trade promotion, publicity, market development and expansion activities.

(iii) Presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the marketing of seed potatoes produced in this state, and such other activities and programs which are consistent with the objectives of this marketing order and the act.

(b) In carrying out any marketing and sales promotion plans or programs, the commission may engage or hire such marketing medias as may be necessary to accomplish the purposes of the act and this order, arrange for marketing space, display material and other advertising material, or may use any other methods consistent with the act and this marketing order which the commission considers appropriate in promoting or creating new and larger domestic or foreign markets for seed potatoes, or in maintaining existing markets. The commission may also engage in cooperative efforts in the domestic or foreign marketing of seed potato food products.

(c) Programs and plans adopted by the commission under this marketing order shall be directed towards promoting the sale of seed potatoes without reference to any particular private brand or trade name. Sales promotion and marketing programs shall not disparage the value, quality, sale or use of any other agricultural commodity or make use of any unwarranted or false claims regarding seed potatoes.

(d) Marketing plans, programs and projects developed by the commission shall be submitted for director review and approval as required under RCW 15.66.141.

(3) Labeling.

(a) Under chapter 15.66 RCW, the commission may adopt rules, subject to the provisions of chapter 34.05 RCW, to define, establish and provide labeling requirements for improving standards and grades of seed potatoes, and may expend money for such purposes. Such requirements shall not be inconsistent with the horticultural laws of this state with respect to seed potatoes.

(b) The commission shall be authorized to cooperate with state and federal agencies or departments responsible for revising and modernizing grades and standards and labeling of seed potatoes.

(c) Nothing in this section shall be construed as authorizing the commission to set minimum grades, sizes or maturity of seed potatoes which a producer may sell, offer for sale or ship.

(4) Unfair trade practices. The commission may investigate and take necessary action to prevent unfair trade practices and to correct, where possible, trade practices which hinder marketing of Washington produced seed potatoes. To the extent permitted under the Public Records Act, chapter 42.56 RCW, information acquired in an investigation shall be confidential and shall be released only to the extent necessary to effectuate the purposes of the act.

(5) Standards, grades, labels, trade practices. The provisions covering standards, grades, labels and trade practices shall apply with respect to seed potatoes produced in Washington state.

(6) The commission is authorized to provide information and communicate on matters pertaining to the production, irrigation, processing, transportation, marketing, or uses of seed potatoes produced in Washington state to any elected official or officer or employee of any agency.

(7) Information and education. The commission may conduct programs for the purpose of providing information and education including:

(a) Marketing information and services for producers of seed potatoes.

(b) Information and services enabling producers to meet their resource conservation objectives.

(8) The director shall approve any plans, programs, and projects concerning:

(a) The establishment, issuance, effectuation, and administration of programs authorized under this section for advertising and promotion of seed potatoes.

(b) The establishment and effectuation of market research projects, market development projects, or both to the end that marketing and utilization of seed potatoes may be encouraged, expanded, improved or made more efficient.

History

Statutory Authority: RCW 15.66.030, 15.66.053, 15.66.055, and chapter 34.05 RCW. WSR 10-22-008, § 16-520-006, filed 10/21/10, effective 11/21/10.

Wash. Admin. Code § 16-520-010 Definitions.

Definitions for terms used in this chapter are also found in chapter 15.66 RCW, Washington State Agricultural Commodity Commissions Act. For the purposes of the seed potato marketing order, the following definitions shall apply:

"Act" means the Washington State Agricultural Commodity Commissions Act, chapter 15.66 RCW;

"Affected area" means and includes all of the state of Washington;

"Affected producer" means any producer who is subject to this marketing order;

"Commercial quantities" means 5,000 hundredweight or more;

"Disclosure" means inspection or copying;

"Handler" means any person who acts, either as principal, agent, or otherwise, in the processing, selling, marketing, or distributing of seed potatoes that are not produced by the handler. "Handler" does not include a common carrier used to transport an agricultural commodity. "To handle" means to act as a handler;

"Hundredweight" and "affected unit" are synonymous and mean and include each 100 pound unit or any combination of packages making a 100 pound unit of seed potatoes;

"Marketing season" and "fiscal year" are synonymous and mean the 12-month period beginning July 1st of any year and ending upon the last day of June, both dates inclusive;

"Producer" means any person engaged in the business of producing or causing to be produced for market in the state of Washington seed potatoes in commercial quantities. "To produce" means to act as a producer;

"Sale" means a transaction wherein the property in or to seed potatoes is transferred from the producer to a purchaser for consideration. "Sale" shall also include an agreement to acquire such property for a consideration;

"Seed potato commission" and "commission" are synonymous and mean the commission established under WAC 16-520-020 consistent with chapter 15.66 RCW;

"Seed potatoes" means and includes all kinds and varieties of Irish seed potatoes grown in the state of Washington and marketed, sold or intended for use for seed purposes.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-23-106, s 16-520-010, filed 11/20/24, effective 12/21/24. Statutory Authority: RCW 15.66.055, 42.56.040 and chapter 34.05 RCW. WSR 17-09-074, § 16-520-010, filed 4/19/17, effective 5/20/17. Statutory Authority: RCW 15.66.030, 15.66.053, 15.66.055, and chapter 34.05 RCW. WSR 10-22-008, § 16-520-010, filed 10/21/10, effective 11/21/10
Marketing Order, Article I, effective 10/1/56.

Wash. Admin. Code § 16-520-020 Seed potato commission—Structure, powers, duties, and procedure.

(1) Establishment and membership. A seed potato commission is hereby established to administer this marketing order. The commission shall be composed of two members who shall be affected producers elected by the producers as provided in the act, and two members who shall be appointed by the director. In addition, the director shall be a voting member of the commission.

(a) Elected producer positions on the board shall be designated as positions 2 and 4.

(b) Director-appointed positions on the board shall be designated as positions 1 and 3.

(2) Membership qualifications. Commission members shall be citizens and residents of this state, over the age of eighteen years and producer members of the commission shall be producers of seed potatoes in the state of Washington. The qualifications of producer members of the commission as herein set forth must continue during their term of office. Members appointed by the director shall be either producers or others active in matters relating to seed potatoes.

(3) Term of office. The term of office of commission members shall be three years from the date of their election or appointment and until their successors are elected or appointed and qualified so that one-third of the terms will commence as nearly as practicable each year.

(4) Nomination, appointment and election of commission members. Nomination, appointment, and election of commission members shall be as set forth in the act and specified by the director. Dates for this process are as follows:

(a) Not earlier than March 19 and not later than April 3 of each year, the director shall give notice by mail to all affected producers that an open commission position(s) will occur in the commission and call for nominations. Nominating petitions shall be signed by three persons qualified to vote for the candidates. The notice shall state the final date for filing nominating petitions which shall be not earlier than April 7 and not later than April 12 of such year.

(b) The director shall conduct an election or advisory vote by mail to all affected producers in the district wherein the open commission position(s) will occur not earlier than April 17 and not later than May 2 of each year. Ballots shall be returned not later than June 1 of each year. An election or advisory vote shall be conducted in a manner so that it shall be a secret ballot in accordance with rules adopted by the director. An affected producer is entitled to one vote.

(c) When only one nominee is nominated by the affected producers for a director-appointed position, RCW 15.66.120 shall apply.

(d) Except with respect to the initial seed potato commission, the members of the commission not elected by the producers or appointed by the director shall be elected by a majority of the commission within ninety days prior to the expiration of the term.

(5) Vacancies.

(a) In the event of a vacancy in an elected position, the remaining members shall select a qualified person to fill the term. The appointment shall be made at the commission's first or second meeting after the position becomes vacant.

(b) In the event of a vacancy in a director-appointed position, the position shall be filled as specified in chapter 15.66 RCW.

History

Statutory Authority: RCW 15.66.055 and chapter 34.05 RCW. WSR 18-01-053, § 16-520-020, filed 12/13/17, effective 1/13/18. Statutory Authority: RCW 15.66.030, 15.66.053, 15.66.055, and chapter 34.05 RCW. WSR 10-22-008, § 16-520-020, filed 10/21/10, effective 11/21/10. Statutory Authority: Chapter 15.66 RCW. WSR 83-22-019 (Order 1808), § 16-520-020, filed 10/25/83, effective 12/1/83
Marketing Order, Article II, effective 10/1/56.

Wash. Admin. Code § 16-520-025 Powers and duties of commission.

The commission shall have the following powers and duties:

(1) To administer, enforce, direct and control the provisions of this marketing order and of the act relating thereto;

(2) To elect a chairman and such other officers as the commission may deem advisable; and to select subcommittees of commission members;

(3) To adopt, rescind, and amend rules and regulations reasonably necessary for the administration and operation of the commission and the enforcement of its duties under this marketing order;

(4) To employ and discharge at its discretion such administrators and additional personnel, attorneys, advertising and research agencies and other persons and firms that it may deem appropriate and pay compensation to the same;

(5) To acquire personal property and lease office space and other necessary real property and transfer and convey the same;

(6) To institute and maintain in its own name any and all legal actions, including actions by injunction, mandatory injunction or civil recovery, or proceedings before administrative tribunals or other governmental authorities necessary to carry out the provisions of the act and of this marketing order;

(7) To keep accurate records of all its receipts and disbursements, which records shall be open to inspection and audit by the department and other legal agencies of the state and make annual reports therefrom to the state auditor;

(8) To borrow money and incur indebtedness;

(9) To make necessary disbursements for routine operating expenses;

(10) To collect the assessments of producers as provided in this marketing order and to expend the same in accordance with and to effectuate the purposes of the act and this marketing order;

(11) To prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of this marketing order during each fiscal year. The commission, at least sixty days prior to the beginning of its fiscal year, shall prepare and submit to the director for approval its research plan, its commodity-related education and training plan, and its budget;

(12) To accept and receive gifts and grants from private persons or private and public agencies and expend the same to effectuate the purposes of the act and this order;

(13) To work cooperatively with other local, state, and federal agencies, universities, and national organizations for the purposes set forth in this marketing order;

(14) To enter into contracts or interagency agreements with any private or public agency, whether federal, state, or local, to carry out the purposes set forth in this marketing order. Personal service contracts must comply with chapter 39.29 RCW;

(15) To enter into contracts or agreements for research in the production, irrigation, processing, transportation, marketing, use or distribution of seed potatoes;

(16) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of the commission. The retention of a private attorney is subject to review by the office of the attorney general;

(17) To engage in appropriate fund-raising activities for the purpose of supporting activities of the commission authorized by this marketing order;

(18) To participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, manufacture, regulation, transportation, distribution, sale, or use of seed potatoes including activities authorized under RCW 42.17.190, including the reporting of those activities to the public disclosure commission;

(19) To maintain a list of names and addresses of affected producers that may be compiled from information used to collect assessments under the provisions of this marketing order and data on the value of each producer's production for a minimum three-year period pursuant to RCW 15.66.140;

(20) To maintain a list of names and addresses of persons who handle seed potatoes within the affected area and data on the amount and value of seed potatoes handled for a minimum three-year period by each person pursuant to RCW 15.66.140;

(21) To maintain a list of names and addresses of all affected producers and the amount, by unit, of seed potatoes produced during the past three years pursuant to RCW 15.66.143;

(22) To maintain a list of all persons who handle seed potatoes and the amount of seed potatoes handled by each person during the past three years pursuant to RCW 15.66.143;

(23) To establish a foundation using commission funds as grant money for the purposes established in this marketing order;

(24) To request records and audit the records of producers or handlers of seed potatoes during normal business hours to determine whether the appropriate assessment has been paid;

(25) To acquire or own intellectual property rights, licenses, or patents and to collect royalties resulting from commission-funded research related to seed potatoes; and

(26) To exercise such other powers and perform such other duties as are necessary and proper to effectuate the purposes of the act and of this order.

History

Statutory Authority: RCW 15.66.030, 15.66.053, 15.66.055, and chapter 34.05 RCW. WSR 10-22-008, § 16-520-025, filed 10/21/10, effective 11/21/10.

Wash. Admin. Code § 16-520-027 Procedure for commission.

(1) The commission may by resolution establish a headquarters which shall continue as such unless and until so changed by the commission, at which headquarters shall be kept the books, records and minutes of the commission meetings.

(2) The commission shall hold at least two regular meetings during each fiscal year with the time and date thereof to be fixed by the resolution of the commission. Notice of the time and place of regular meetings shall be published on or before January of each year in the Washington State Register. Notice of any change to the meeting schedule shall be provided in compliance with chapter 42.30 RCW, the Open Public Meetings Act.

(3) The commission may hold special meetings as it may deem advisable and shall establish by resolution the time, place and manner of calling such special meetings with reasonable notice to the members, provided, that the notice to a member of any special meeting may be waived by a waiver from that member of the board. Notice for special meetings shall be in compliance with chapter 42.30 RCW.

(4) Any action taken by the commission shall require the majority vote of the members present provided a quorum is present.

(5) A quorum of the commission shall consist of at least three members.

(6) No members of the commission shall receive any salary or other compensation from the commission, except that each member shall be paid a specified sum to be determined by resolution of the commission, which rate shall not exceed the compensation rate set by RCW 43.03.230 for each day spent in actual attendance at or traveling to and from meetings of the commission or on special assignments for the commission, together with subsistence and travel expenses in accordance with RCW 43.03.050 and 43.03.060. The commission may adopt by resolution provisions for reimbursement of actual travel expenses incurred by members of the commission in carrying out the provisions of this marketing order pursuant to RCW 15.66.130.

History

Statutory Authority: RCW 15.66.055 and chapter 34.05 RCW. WSR 18-01-053, § 16-520-027, filed 12/13/17, effective 1/13/18. Statutory Authority: RCW 15.66.030, 15.66.053, 15.66.055, and chapter 34.05 RCW. WSR 10-22-008, § 16-520-027, filed 10/21/10, effective 11/21/10.

Wash. Admin. Code § 16-520-035 Limitation of liability of commission members and employees.

Obligations incurred by the commission and any other liabilities or claims against the commission shall be enforced only against the assets of the commission in the same manner as if it were a corporation and no liability for the debts or actions of the commission shall exist against either the state of Washington or any subdivision or instrumentality thereof or against any other commission established pursuant to the act or the assets thereof or against any member officer, employee or agent of the commission in their individual capacity. The members of the commission, including employees thereof, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-23-106, s 16-520-035, filed 11/20/24, effective 12/21/24. Statutory Authority: RCW 15.66.030, 15.66.053, 15.66.055, and chapter 34.05 RCW. WSR 10-22-008, § 16-520-035, filed 10/21/10, effective 11/21/10.

Wash. Admin. Code § 16-520-040 Assessments and assessment funds.

(1) Assessments levied. There is hereby levied and there shall be collected by the commission, as provided in chapter 15.66 RCW, upon all seed potatoes of commercial quantities grown in the state an annual assessment which shall be paid by the producer thereof upon each and every hundredweight of seed potatoes sold, processed, delivered for sale or processing by the producer or stored or delivered for storage when such storage or delivery for storage is outside the boundaries of this state. The assessment shall then be set by the seed potato commission at a regular meeting before July 15th of each year, to become effective from September 1st of the same year to August 31st of the following year. The assessment shall not be less than one cent or more than 10 cents per hundredweight. No assessment may be collected on the following:

(a) Seed potatoes of a producer's own production used by the producer on their own premises for seed, feed or personal consumption;

(b) Seed potatoes donated or shipped for relief or charitable purposes; or

(c) Sales on a producer's premises by a producer direct to a consumer of 500 pounds or less of seed potatoes from a producer's own production.

No assessment levied or made collectable by the act under this order shall exceed three percent of the total market value of all such seed potatoes sold, processed or delivered for sale or processing by all producers of seed potatoes for the fiscal year to which the assessment applies.

(2) Collection of assessment.

(a) All assessments made and levied pursuant to the provisions of the act under this marketing order shall apply to the respective producer who shall be primarily liable therefore. To collect the assessments, the commission may require:

(i) Stamps to be known as "Washington seed potato commission stamps" to be purchased from the commission and fixed or attached to the containers, invoices, shipping documents, inspection certificates, releases or receiving receipts or tickets. Any stamps shall be canceled immediately upon being attached or fixed and the date of the cancellation shall be placed thereon;

(ii) Handlers receiving seed potatoes from the producer, including warehousemen and processors, to collect producer assessments from producers whose production they handle and all moneys so collected shall be paid to the commission on or before the 20th day of the succeeding month for the previous month's collections. Each handler shall at the times as required by rule, file with the commission a return under oath on forms to be furnished by the commission, stating the quantity of seed potatoes handled, processed, delivered and/or shipped during the period prescribed by the commission.

(iii) In the event payment of producer assessments occur before the seed potatoes are shipped off the farm or occur at different or later times, such person subject to the assessment shall give adequate assurance or security for its payment as the commission shall require.

(b) The commission is authorized to make reasonable rules in accordance and conformity with the act and with this section to effectuate the collection of assessments. On or before the beginning of each marketing season, the commission shall give reasonable notice to all producers, handlers and other affected persons of the method or methods of collection to be used for that marketing season.

(c) No hundredweight unit or units of seed potatoes shall be transported, carried, shipped, sold, stored or otherwise handled or disposed of until every due and payable assessment has been paid and the receipt issued or stamp canceled, but no liability or obligation applies to common carriers in the regular course of their business. When any seed potatoes for which an exemption is claimed, as provided for in subsection (1) of this section, are shipped either by railroad or truck, there shall be plainly noted on the bill of lading, shipping document, container or invoice, the reasons for the exemption(s).

(d) Any producer or handler who fails to comply with the provisions of this section as herein provided shall be guilty of a violation of this order.

(3) Funds.

(a) Moneys collected by the seed potato commission pursuant to the act and this marketing order as assessments shall be used by the commission only for the purposes of paying for the costs or expenses arising in connection with carrying out the purposes and provisions of the act and this marketing order.

(b) At the end of each fiscal year the commission shall credit each producer with any amount paid by such producer in excess of three percent of the total market value of all seed potatoes sold, processed, delivered for sale or processing or delivered for storage or stored when such storage or delivery for storage was outside the boundaries of this state during that period. Refund may be made only upon satisfactory proof given by the producer which may include, bills of lading, bills of sale or receipts.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-23-106, s 16-520-040, filed 11/20/24, effective 12/21/24. Statutory Authority: RCW 15.66.055 and chapter 34.05 RCW. WSR 18-01-053, § 16-520-040, filed 12/13/17, effective 1/13/18. Statutory Authority: RCW 15.66.030, 15.66.053, 15.66.055, and chapter 34.05 RCW. WSR 10-22-008, § 16-520-040, filed 10/21/10, effective 11/21/10. Statutory Authority: RCW 15.66.050. WSR 92-22-007, § 16-520-040, filed 10/21/92, effective 12/1/92. Statutory Authority: Chapter 15.66 RCW. WSR 83-22-019 (Order 1808), § 16-520-040, filed 10/25/83, effective 12/1/83
Marketing Order, Article IV, effective 10/1/56.

Wash. Admin. Code § 16-520-050 Information reports.

All persons subject to the provisions of this marketing order shall make and render reports and furnish such information to the director or the commission as may be necessary or required under the act or this order to effectuate the purposes thereof. Any financial or commercial information and records obtained by the director or commission are exempted from public disclosure under the provisions of RCW 15.66.105 and 42.56.380 and shall not be disclosed to any other person save to a person with like right to obtain the same or any attorney employed by the director or the commission to give legal advice thereon or by court order.

History

Statutory Authority: RCW 15.66.030, 15.66.053, 15.66.055, and chapter 34.05 RCW. WSR 10-22-008, § 16-520-050, filed 10/21/10, effective 11/21/10
Marketing Order, Article V, effective 10/1/56.

Wash. Admin. Code § 16-520-060 Separability.

History

Marketing Order, Article VI, effective 10/1/56.

Wash. Admin. Code § 16-520-071 Requests for public records.

(1) All requests for disclosure of public records must be submitted in writing directly to the commission's public records officer by mail to Washington State Seed Potato Commission, P.O. Box 286, Lynden, WA 98264. The request may also be submitted by fax to 360-354-7619. The written request should include:

(a) The name, address and telephone number or other contact information of the person requesting the records;

(b) The calendar date on which the request is made; and

(a) Public records made available for inspection may not be removed from the area the commission makes available for inspection.

(b) Inspection of any public record will be conducted in the presence of the public records officer or designee.

History

Statutory Authority: RCW 15.66.055, 42.56.040 and chapter 34.05 RCW. WSR 17-09-074, § 16-520-071, filed 4/19/17, effective 5/20/17.

Wash. Admin. Code § 16-520-075 Response to public records requests.

(1) The public records officer shall respond to public records requests within five business days by:

(a) Making the records available for inspection or copying;

(b) Providing a link or address for a record available on the internet under RCW 42.56.520;

(c) Acknowledging receipt of the request and providing a reasonable estimate of the time the commission will require to respond to the request;

(d) Sending the copies to the requestor if copies are requested and payment of a deposit for the copies is made or terms of payment have been agreed upon; or

(2) Additional time to respond to the request may be based upon the need to:

(a) Clarify the intent of the request;

(b) Locate and assemble the information requested;

(d) Determine whether any of the information requested is exempt from disclosure and that a denial should be made as to all or part of the request.

History

Statutory Authority: RCW 15.66.055, 42.56.040 and chapter 34.05 RCW. WSR 17-09-074, § 16-520-075, filed 4/19/17, effective 5/20/17.

Wash. Admin. Code § 16-520-080 Fees—Inspection and copying.

(1) No fee will be charged for the inspection of public records.

(2) The commission charges a fee of fifteen cents per page of black and white photocopy plus postage for reimbursement of the costs of providing public records.

(3) Requests for records in special formatting, including color copies, will be charged at the amount necessary to reimburse the commission for its actual production costs. If the public records officer deems it more efficient to have copying or duplicating done outside the commission, the charges will be based on the actual cost of such outside copying or duplicating service. For all copying or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable within fifteen days of receipt of the invoice and is payable to the Washington state seed potato commission. The commission may require that all charges be paid in advance of release of the copies of the records.

(4) The commission or its designee may waive any of the foregoing copying costs.

History

Statutory Authority: RCW 15.66.055, 42.56.040 and chapter 34.05 RCW. WSR 17-09-074, § 16-520-080, filed 4/19/17, effective 5/20/17.

Wash. Admin. Code § 16-520-085 Exemptions.

(1) Production or sales records required to determine assessment levels and actual assessment payments to the commission under chapter 15.66 RCW (reference RCW 42.56.380(3)).

(2) Financial and commercial information and records supplied by persons:

(a) To the commission for the purpose of conducting a referendum for the establishment of the commission; or

(b) To the commission under chapter 15.66 RCW with respect to domestic or export marketing activities or individual producer's production information (reference RCW 42.56.380(5)).

(3) Lists of individuals requested for commercial purposes (reference RCW 42.56.070(9)).

History

Statutory Authority: RCW 15.66.055, 42.56.040 and chapter 34.05 RCW. WSR 17-09-074, § 16-520-085, filed 4/19/17, effective 5/20/17.

Wash. Admin. Code § 16-520-090 Review of denial of public records requests.

(4) Any person may obtain court review of a denial of a public records request under RCW 42.56.550.

History

Statutory Authority: RCW 15.66.055, 42.56.040 and chapter 34.05 RCW. WSR 17-09-074, § 16-520-090, filed 4/19/17, effective 5/20/17.

Wash. Admin. Code § 16-520-095 Records index.

The commission shall establish a records index, which shall be made available for public review.

History

Statutory Authority: RCW 15.66.055, 42.56.040 and chapter 34.05 RCW. WSR 17-09-074, § 16-520-095, filed 4/19/17, effective 5/20/17.

Wash. Admin. Code § 16-520-110 Collection of assessments.

Such assessments shall become due and payable within thirty days after levy of same and, if such fees are not paid within the prescribed time, the state department of agriculture, division of horticulture, may withdraw inspection or refuse to perform any inspection or certification service for the person in arrears: Provided, Such horticultural inspector in behalf of the commission may demand and collect the assessment prior to inspecting and certifying any seed potatoes for such person.

History

Rule, filed 12/8/64
Emergency Rule, filed 9/16/64.

Chapter 16-529 Washington alfalfa seed commission.

Wash. Admin. Code § 16-529-005 Marketing order for Washington alfalfa seed—Policy statement.

(1) The marketing of alfalfa seed within this state is in the public interest. It is vital to the continued economic well-being of the citizens of this state and their general welfare that its alfalfa seed be properly promoted by:

(a) Enabling producers of alfalfa seed to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standardizing of the alfalfa seed they produce; and

(b) Working towards stabilizing the agricultural industry by increasing production of alfalfa seed within the state.

(2) That it is in the overriding public interest that support for the alfalfa seed industry be clearly expressed, that adequate protection be given to the industry and its activities and operations, and that alfalfa seed be promoted individually and as part of a comprehensive agricultural industry to:

(a) Enhance the reputation and image of Washington state's alfalfa seed.

(b) Increase the sale and use of Washington state's alfalfa seed in local, domestic, and foreign markets.

(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production of Washington state's alfalfa seed.

(d) Increase the knowledge of the qualities and value of Washington state's alfalfa seed and products.

(e) Support and engage in programs or activities that benefit the planting, production, harvesting, handling, processing, marketing, and uses of alfalfa seed produced in Washington state.

(3) The director is authorized to implement, administer, and enforce chapter 15.65 RCW through the adoption of this marketing order.

(4) The Washington state alfalfa seed commodity board exists primarily for the benefit of the people of the state of Washington and its economy, and with oversight by the director, the board is authorized to speak on behalf of Washington state government with regard to alfalfa seed under the provisions of this marketing order.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-08-010, § 16-529-005, filed 3/25/05, effective 4/25/05.

Wash. Admin. Code § 16-529-006 Marketing order purposes.

This marketing order is to promote the general welfare of the state and the Washington state alfalfa seed commodity board is designated by the director to conduct the following programs in accordance with chapter 15.65 RCW for the purpose of maintaining existing markets or creating new or larger local, domestic, and foreign markets; increasing production efficiency; ensuring a fair regulatory environment; or increasing per capita consumption of alfalfa seed grown in Washington state.

(1) To carry out the purposes of this chapter, the board shall provide for a program in one or more of the following areas:

(a) Establish plans and conduct programs for marketing, sales, promotion, and/or other programs for maintaining present markets and/or creating new or larger markets for alfalfa seed. Such programs shall be directed toward increasing the sale of alfalfa seed without reference to any particular brand or trade name and shall neither make use of false or unwarranted claims on behalf of alfalfa seed nor disparage the quality, value, sale, or use of any other agricultural commodity. The board may also engage in cooperative efforts in the domestic or foreign marketing of alfalfa seed.

(b) Provide for research in the production, harvesting, processing, irrigation, transportation, handling, and/or distribution of alfalfa seed and expend the necessary funds for such purposes. Insofar as practicable, such research shall be carried out by experiment stations of Washington State University, but if in the judgment of the board said experiment stations do not have adequate facilities for a particular project or if some other research agency has better facilities therefor, the project may be carried out by other research agencies selected by the board.

(d) Conduct programs for the purpose of providing information and education including:

(i) Marketing information and services for producers of alfalfa seed for the verification of grades, standards, weights, tests, and sampling of quality and quantity of alfalfa seed purchased by handlers from affected producers.

(ii) Information and services enabling producers to meet their resource conservation objectives.

(iii) Alfalfa seed-related education and training.

(e) Subject to the provisions of the act, provide information and communicate on matters pertaining to the production, irrigation, processing, transportation, marketing, or uses of alfalfa seed produced in Washington state to any elected official or officer or employee of any agency.

(2) The director shall approve any plans, programs, and projects concerning:

(a) The establishment, issuance, effectuation, and administration of programs authorized under this section for marketing and promotion of alfalfa seed.

(b) The establishment and effectuation of market research projects, market development projects, or both to the end that marketing and utilization of alfalfa seed may be encouraged, expanded, improved, or made more efficient.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-08-010, § 16-529-006, filed 3/25/05, effective 4/25/05.

Wash. Admin. Code § 16-529-010 Definitions.

Definitions for terms used in this chapter are also found in chapter 15.65 RCW, Washington State Agricultural Commodity Boards Act. For the purpose of this marketing order, the following additional definitions shall apply:

"Act" means the Washington state agricultural commodity boards or chapter 15.65 RCW.

"Affected area" means that portion of the state of Washington located east of the summit of the Cascade Mountains.

"Affected handler" means any person who acts as principal or agent or otherwise in buying, selling, marketing, or distributing alfalfa seed not grown by the affected handler.

"Affected producer" means any person who produces any variety of alfalfa seed in the state of Washington for market in commercial quantities: Provided, That for the purpose of election and membership on the commodity board, a producer-handler shall be considered as acting only as a producer.

"Affected unit" means 100 weight (cwt) of cleaned alfalfa seed as sold by an affected producer to a handler or other producer.

"Alfalfa seed" means the seed that is harvested from any variety of alfalfa plants.

"Alfalfa seed commodity commission" hereinafter referred to as "commission" means the commodity commission formed under the provisions of WAC 16-529-020 through 16-529-120.

"Commercial quantity" means all alfalfa seed produced in any calendar year by any producer.

"Department" means the department of agriculture of the state of Washington.

"Director" means the director of agriculture of the state of Washington or the director's duly appointed representative.

"Disclosure" means inspection or copying.

"Marketing season" or "fiscal year" means the 12-month period beginning with July 1st of any year and ending with June 30th of the year following, both dates being inclusive.

"Person" means any individual, firm, corporation, limited liability company, trust, association, partnership, society or any other organization of individuals, or any unit or agency of local or state government.

"Producer-handler" means any person who acts both as a "producer" and as a "handler" with respect to the alfalfa seed which they produce, and a handler with respect to the alfalfa seed which they handle, including that produced by themselves. "To produce" means to act as a producer. For the purposes of the alfalfa seed marketing order, "producer" shall include bailees who contract to produce or grow any agricultural product on behalf of a bailor who retains title to the seed and its resulting agricultural product or the agricultural product delivered for further production or increase.

"Public records" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the department regardless of physical form or characteristics.

"Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-24-113, s 16-529-010, filed 12/4/24, effective 1/4/25. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-035, § 16-529-010, filed 2/8/17, effective 3/11/17. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-08-010, § 16-529-010, filed 3/25/05, effective 4/25/05
Order 1, Article I, § A, filed 3/13/75, effective 7/1/75.

Wash. Admin. Code § 16-529-020 The alfalfa seed commodity board—Administration.

The provisions of this chapter and the applicable provisions of the act shall be administered and enforced by the board as the designee of the director.

History

Order 1, Article II, § A, filed 3/13/75, effective 7/1/75.

Wash. Admin. Code § 16-529-030 Board membership.

The board shall consist of eight members. Six members shall be affected producers appointed or elected as provided in WAC 16-529-020 through 16-529-120. One member shall be an affected handler appointed as provided in WAC 16-529-020 through 16-529-120. The director shall appoint one member of the board who is neither an affected producer nor an affected handler to represent the director. The position representing the director shall be a voting member.

(1) Director-appointed positions on the board shall be designated as position 2, position 4, position 6, and position 7. The affected handler member of the board shall be position 7.

(2) Elected affected producer positions on the board shall be designated as position 1, position 3, and position 5.

(3) The position representing the director who is neither an affected producer nor an affected handler shall be designated as position 8.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 23-01-056, § 16-529-030, filed 12/14/22, effective 7/1/23. Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 08-16-014, § 16-529-030, filed 7/25/08, effective 8/25/08. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-08-010, § 16-529-030, filed 3/25/05, effective 4/25/05. Statutory Authority: Chapter 15.65 RCW. WSR 85-10-015 (Order 1850), § 16-529-030, filed 4/22/85, effective 6/1/85
Order 1, Article II, § B, filed 3/13/75, effective 7/1/75.

Wash. Admin. Code § 16-529-040 Board membership qualifications.

(1) The affected producer members of the board must be practical producers of alfalfa seed and each shall be a citizen and resident of this state, over the age of 18 years. Each affected producer board member must be and have been actually engaged in producing alfalfa seed within the state of Washington for a period of five years and has during that time derived a substantial portion of their income therefrom and is not engaged in business, directly or indirectly, as a handler or other dealer.

(2) The affected handler member of the board must be a practical handler of alfalfa seed and shall be a citizen and resident of this state, over the age of 18 years. The affected handler board member must be and have been, either individually or as an officer or an employee of a corporation, firm, partnership, association, or cooperative, actually engaged in handling alfalfa seed within the state of Washington for a period of five years and has during that period derived a substantial portion of their income therefrom.

(3) The qualifications of members of the board must continue during their term of office.

(4) To accomplish the transition to a commodity board structure where the director appoints a majority of the board members, the names of the currently elected board members in positions 2, 4, 6, and 7 shall be forwarded to the director for appointment within 30 days of the effective date of this amended marketing order.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-24-113, s 16-529-040, filed 12/4/24, effective 1/4/25. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-08-010, § 16-529-040, filed 3/25/05, effective 4/25/05
Order 1, Article II, § C, filed 3/13/75, effective 7/1/75.

Wash. Admin. Code § 16-529-050 Term of office.

The term of office for members of the board shall be three years, and one-third of the membership as nearly as possible shall be appointed or elected each year.

History

Statutory Authority: RCW 15.65.047. WSR 22-08-097, § 16-529-050, filed 4/5/22, effective 5/6/22. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-08-010, § 16-529-050, filed 3/25/05, effective 4/25/05
Order 1, Article II, § D, filed 3/13/75, effective 7/1/75.

Wash. Admin. Code § 16-529-060 Nomination of elected or director-appointed board members.

(1) For the purpose of nominating candidates for appointment or election to board membership, the director shall call a separate nomination meeting of affected producers and affected handlers.

(2) Each year the director shall call a nomination meeting for both elected and director-appointed affected producer and affected handler board members whose board members' terms are about to expire. The meeting(s) shall be held at least 30 days in advance of the date set by the director for the election or advisory vote of board members.

(a) Written notice of every such meeting shall be given to all affected producers, and to all handlers, according to the list maintained by the board pursuant to RCW 15.65.295.

(b) Nonreceipt of notice by any interested person shall not invalidate the proceedings at such nomination meeting.

(c) Any qualified affected producer or affected handler may be nominated orally for membership on the board at a nomination meeting. Nominations may also be made within five days after the nomination meeting by written petition filed with the director, signed by not less than three affected producers or affected handlers.

(d) When only one nominee is nominated by the affected producers for any position, RCW 15.65.250 shall apply.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 23-01-056, § 16-529-060, filed 12/14/22, effective 7/1/23. Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 08-16-014, § 16-529-060, filed 7/25/08, effective 8/25/08. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-08-010, § 16-529-060, filed 3/25/05, effective 4/25/05
Order 1, Article II, § E, filed 3/13/75, effective 7/1/75.

Wash. Admin. Code § 16-529-070 Election or advisory vote of board members.

(1) An election or advisory vote shall be conducted by secret ballot under the supervision of the director. Each affected producer and affected handler shall be entitled to one vote.

(2) Elected affected producer members of the board shall be elected by a majority of the votes cast by the affected producers statewide.

If a nominee does not receive a majority of the votes on the first ballot, a runoff election shall be held by mail in a similar manner between the two candidates for such position receiving the largest number of votes.

(3) An advisory vote shall be conducted for affected producer or affected handler board members appointed by the director under the provisions of RCW 15.65.243. The names of the two candidates receiving the most votes in the advisory vote shall be forwarded to the director for potential appointment to the board. In the event there are only two candidates nominated for a board position, an advisory vote may not be held and the candidates' names shall be forwarded to the director for potential appointment.

(4) Not less than 10 days prior to every election or advisory vote for board membership, the director shall mail a ballot of the candidates to each affected producer and affected handler entitled to vote whose name appears upon the list of such affected producers and affected handlers as maintained by the board pursuant to RCW 15.65.295. Any other affected producer or affected handler entitled to vote may obtain a ballot by application to the director upon establishing their qualifications.

(5) Nonreceipt of a ballot by an affected producer or affected handler shall not invalidate the election or advisory vote of any board member.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-24-113, s 16-529-070, filed 12/4/24, effective 1/4/25. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 23-01-056, § 16-529-070, filed 12/14/22, effective 7/1/23. Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 08-16-014, § 16-529-070, filed 7/25/08, effective 8/25/08. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-08-010, § 16-529-070, filed 3/25/05, effective 4/25/05
Order 1, Article II, § F, filed 3/13/75, effective 7/1/75.

Wash. Admin. Code § 16-529-080 Vacancies.

(1) In the event of a vacancy on the board in an elected position, the remaining members shall select a qualified person to fill the unexpired term. The appointment shall be made at the board's first or second meeting after the position becomes vacant.

(2) In the event of a vacancy in a director-appointed position, the position shall be filled as specified in RCW 15.65.270.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-08-010, § 16-529-080, filed 3/25/05, effective 4/25/05
Order 1, Article II, § G, filed 3/13/75, effective 7/1/75.

Wash. Admin. Code § 16-529-090 Quorum.

A majority of the voting members shall constitute a quorum for the transaction of all business and the carrying out of all duties of the board.

History

Order 1, Article II, § H, filed 3/13/75, effective 7/1/75.

Wash. Admin. Code § 16-529-100 Board compensation.

No member of the board shall receive any salary or other compensation, but each member shall receive an amount not to exceed the amount specified in RCW 43.03.230 for actual attendance on or traveling to and from meetings of the board or on special assignment for the board, together with subsistence and traveling expenses incurred in carrying out the duties of the board in accordance with RCW 43.03.050 and 43.03.060: Provided, That the board may adopt by resolution provisions for reimbursement of actual travel expenses incurred by members and employees of the board in carrying out the provisions of this marketing order pursuant to RCW 15.65.270.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-08-010, § 16-529-100, filed 3/25/05, effective 4/25/05
Order 1, Article II, § I, filed 3/13/75, effective 7/1/75.

Wash. Admin. Code § 16-529-110 Powers and duties of the board.

The board shall have the following powers and duties:

(1) To administer, enforce, and control the provisions of this chapter as the designee of the director.

(2) To elect a chairman and such other officers as the board deems advisable.

(3) To employ and discharge at its discretion such personnel, including attorneys engaged in the private practice of law subject to the approval and supervision of the attorney general, as the board determines are necessary and proper to carry out the purpose of this chapter and effectuate the declared policies of the act.

(4) To pay only from moneys collected as assessments or advances thereon the costs arising in connection with the formulation, issuance, administration, and enforcement of this chapter. Such expenses and costs may be paid by check, draft, or voucher in such form and in such manner and upon the signature of the person as the board may prescribe.

(5) To reimburse any applicant who has deposited money with the director in order to defray the costs of formulating this chapter.

(6) To establish an "alfalfa seed revolving fund" and such fund to be deposited in a bank or banks or financial institution or institutions, approved for the deposit of state funds, in which all money received by the board, except as the amount of petty cash for each day's needs, not to exceed $100, shall be deposited each day or as often during the days as advisable.

(7) To keep or cause to be kept in accordance with accepted standards of good accounting practice, accurate records of all assessments, collections, receipts, deposits, withdrawals, disbursements, paid outs, moneys and other financial transactions made and done pursuant to this order. Such records, books, and accounts shall be audited subject to procedures and methods lawfully prescribed by the state auditor. Such books and accounts shall be closed as of the last day of each fiscal year of the commission. A copy of such audit shall be delivered within 30 days after the completion thereof to the governor, the director, the state auditor, and the board.

(8) To require a bond of all board members and employees of the board in a position of trust in the amount the board shall deem necessary. The premium for such bond or bonds shall be paid by the board from assessments collected. Such bond shall not be necessary if any such board member or employee is covered by any blanket bond covering officials or employees of the state of Washington.

(9) To prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of this chapter during each fiscal year. The board, at least 60 days prior to the beginning of its fiscal year, shall prepare and submit to the director for approval its research plan, its commodity-related education and training plan, and its budget.

(10) To establish by resolution, a headquarters which shall continue as such unless and until so changed by the board. All records, books, and minutes of board meetings shall be kept at such headquarters.

(11) To adopt rules of a technical or administrative nature for the operation of the board, subject to the provisions of chapter 34.05 RCW (Administrative Procedure Act).

(12) To carry out the provisions of RCW 15.65.510 covering the obtaining of information necessary to effectuate the provisions of this chapter and the act, along with the necessary authority and procedure for obtaining such information.

(13) To bring actions or proceedings upon joining the director as a party for specific performance, restraint, injunction, or mandatory injunction against any person who violates or refuses to perform the obligations or duties imposed upon them by the act or this chapter.

(14) To confer with and cooperate with the legally constituted authorities of other states and of the United States for the purpose of obtaining uniformity in the administration of federal and state marketing regulations, licenses, agreements, or orders.

(15) To work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes provided in this order.

(16) To enter into contracts or interagency agreements with any private or public agency, whether federal, state, or local. Personal service contracts must comply with chapter 39.29 RCW.

(17) To accept and expend or retain any gifts, bequests, contributions, or grants from private persons or private and public agencies.

(18) To enter into contracts or agreements for research in the production, irrigation, processing, transportation, marketing, use, or distribution of alfalfa seed.

(19) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of the commission. The retention of a private attorney is subject to review by the office of the attorney general.

(20) To engage in appropriate fund-raising activities for the purpose of supporting activities authorized by this order.

(21) To participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, irrigation, manufacture, regulation, transportation, distribution, sale, or use of alfalfa seed including activities authorized under RCW 42.17.190, including the reporting of those activities to the public disclosure commission.

(22) To maintain a list of the names and addresses of affected producers that may be compiled from information used to collect assessments under the provisions of this marketing order and data on the value of each affected producer's production for a minimum three-year period pursuant to RCW 15.65.280.

(23) To maintain a list of the names and addresses of persons who handle alfalfa seed within the affected area and data on the amount and value of the alfalfa seed handled for a minimum three-year period by each person pursuant to RCW 15.65.280.

(24) To maintain a list of names and addresses of all affected persons who produce alfalfa seed and the amount, by unit, of alfalfa seed produced during the past three years pursuant to RCW 15.65.295.

(25) To maintain a list of all persons who handle alfalfa seed and the amount of alfalfa seed handled by each person during the past three years pursuant to RCW 15.65.295.

(26) To establish a foundation using commission funds as grant money for the purposes established in this marketing order.

(27) To carry out any other grant of authority or duty provided designees and not specifically set forth in this section.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-24-113, s 16-529-110, filed 12/4/24, effective 1/4/25. Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 08-16-014, § 16-529-110, filed 7/25/08, effective 8/25/08. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-08-010, § 16-529-110, filed 3/25/05, effective 4/25/05
Order 1, Article II, § J, filed 3/13/75, effective 7/1/75.

Wash. Admin. Code § 16-529-120 Procedures for board.

(1) The board shall hold regular meetings, at least quarterly, with the time and date thereof to be fixed by resolution of the board. Notice of the time and place of regular meetings shall be published on or before January of each year in the Washington State Register. Notice of any change to the meeting schedule shall be published in the state register at least twenty days prior to the rescheduled meeting date.

(2) The board shall hold an annual meeting, at which time an annual report will be presented. The proposed budget shall be presented for discussion at the meeting. Notice of the annual meeting shall be given by the board at least ten days prior to the meeting through regular wire news services and radio, television, and press.

(3) The board shall establish by resolution, the time, place, and manner of calling special meetings with reasonable notice to the members: Provided, That the notice to a member of any special meeting may be waived by a waiver from that member of the board. Notice for special meetings shall be in compliance with chapter 42.30 RCW.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-08-010, § 16-529-120, filed 3/25/05, effective 4/25/05
Order 1, Article II, § K, filed 3/13/75, effective 7/1/75.

Wash. Admin. Code § 16-529-140 Assessments.

(1) The fixed annual assessment on all varieties of alfalfa seed subject to this marketing order shall be 75 cents per hundredweight of cleaned seed, which shall be paid by the producer thereof upon each and every unit sold, marketed, or delivered for sale by the producer.

(2) First handlers or purchasers shall collect assessments at time of payment for seed from producers whose production they handle and remit the same to the board in accordance with procedures adopted by the board.

Producers and producer-handlers who ship their alfalfa seed direct to handlers outside of the state of Washington shall remit assessments to the board at time of shipment.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-24-113, s 16-529-140, filed 12/4/24, effective 1/4/25. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 23-01-056, § 16-529-140, filed 12/14/22, effective 7/1/23. Statutory Authority: Chapter 15.65 RCW. WSR 79-07-061 (Order 1639), § 16-529-140, filed 6/27/79, effective 8/1/79
Order 1, Article IV, § A, filed 3/13/75, effective 7/1/75.

Wash. Admin. Code § 16-529-150 Collections.

Any moneys collected or received by the board pursuant to the provisions of this order during or with respect to any season or year may be refunded on a pro rata basis at the close of such season or year or at the close of such longer period as the board determines to be reasonably adapted to effectuate the declared policies of this act and the purposes of the marketing order to all persons from whom moneys were collected or received, or may be carried over into and used with respect to the next succeeding season, year, or period whenever the board finds that the same will tend to effectuate such policies and purposes.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-08-010, § 16-529-150, filed 3/25/05, effective 4/25/05. Statutory Authority: RCW 15.65.050. WSR 96-03-151 (Order 5090), § 16-529-150, filed 1/24/96, effective 2/24/96
Order 1, Article IV, § B, filed 3/13/75, effective 7/1/75.

Wash. Admin. Code § 16-529-160 Penalties.

Any due and payable assessment herein levied in such specified amount as may be determined by the board pursuant to the provisions of the act and this chapter, shall constitute a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the board when payment is called for by it. In the event any person fails to pay the board the full amount of such assessment or such other sum on or before the date due, the board may, and is hereby authorized to add to such unpaid assessment or sum an amount not exceeding ten percent of the unpaid assessment to defray the cost of enforcing the collecting of the assessment. In the event of failure of such person or persons to pay any due and payable assessment or other sum, the board may bring a civil action against the person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent, and the action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-08-010, § 16-529-160, filed 3/25/05, effective 4/25/05
Order 1, Article IV, § C, filed 3/13/75, effective 7/1/75.

Wash. Admin. Code § 16-529-170 Obligations of the board.

Obligations incurred by the board or employee or agent thereof pertaining to their performance or nonperformance or misperformance of any matters or things authorized, required, or permitted by them by the act or this chapter, and any other liabilities or claims against them or any of them shall be enforced in the same manner as if the whole organization under the order were a corporation. No liability for the debts or actions of the board, employee, or agent incurred in their official capacity under this chapter shall exist either against the board, officers, employees, and/or agents in their individual capacity, nor against the state of Washington or any subdivision or instrumentality thereof nor against any other organization, administrator or board (or employee or agent thereof) established pursuant to this act or the assets thereof. The board, and its agents and employees, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other board, member of the board, or other person. The liability of the members of the board shall be several and not joint and no member shall be liable for the default of any other member.

History

Order 1, Article V, § A, filed 3/13/75, effective 7/1/75.

Wash. Admin. Code § 16-529-180 Board is commission.

In order to conform with accepted usage and nomenclature of the Washington state agricultural community, the board shall be referred to as the Washington alfalfa seed commission.

History

Order 1, Article VI, § A, filed 3/13/75, effective 7/1/75.

Wash. Admin. Code § 16-529-190 Termination of the order.

Termination shall be accomplished pursuant to RCW 15.65.183 through 15.65.193.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-08-010, § 16-529-190, filed 3/25/05, effective 4/25/05
Order 1, Article VII, § A, filed 3/13/75, effective 7/1/75.

Wash. Admin. Code § 16-529-200 Effective time.

This marketing order for alfalfa seed shall become effective after having been approved in a referendum of affected producers, by at least 51% of the affected producers of alfalfa seed having at least 65% of the volume of alfalfa seed produced, or by at least 65% of the affected producers of alfalfa seed having at least 51% of the volume of alfalfa seed produced, and after having been filed with the code reviser for not less than thirty days.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-08-010, § 16-529-200, filed 3/25/05, effective 4/25/05
Order 1, Article VIII, § A, filed 3/13/75, effective 7/1/75.

Wash. Admin. Code § 16-529-210 Separability.

If any provisions hereof are declared invalid, or the applicability thereof to any person, circumstances, or thing is held invalid, the validity of the remainder hereof or of the applicability thereof to any other person, circumstances, or thing shall not be affected thereby.

History

Order 1, Article IX, § A, filed 3/13/75, effective 7/1/75.

Wash. Admin. Code § 16-529-300 Time, place, method for collection and remittance of assessments.

Effective with the 1975 crop, the following procedure is established for the collection, reporting, and remittance of assessments levied on alfalfa seed pursuant to RCW 15.65.410 and WAC 16-529-140:

(1) All first buyers of alfalfa seed grown in the state of Washington, or the person acting on behalf of a first buyer, shall withhold the amount of assessment from their remittances to growers of such seed and transmit same to the commission not later than the last day of the calendar month following date of settlement.

(2) All producers selling alfalfa seed other than to first buyers for resale, whether selling directly or through brokers, and including all sales at retail, shall pay the amount of the assessment directly to the commission not later than the last day of the calendar month following date of settlement.

(3) To all assessments due and payable to the commission and not remitted on or before the date due, there shall be added a penalty fee of ten percent as provided in RCW 15.65.440.

(4) All remittances to the commission shall be transmitted with an official reporting form to be furnished free of charge by the commission. Said reporting form shall call for the name and address of the affected producer, the number of pounds of seed sold, the amount of assessment collected from each producer, and the name and address of the person or firm filing the report and remittance.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-08-010, § 16-529-300, filed 3/25/05, effective 4/25/05
Order 2, § 16-529-110 (codified as WAC 16-529-300), filed 10/17/75.

Wash. Admin. Code § 16-529-305 Description of commission, address and telephone number of the Washington alfalfa seed commission.

Headquartered in Kennewick at 6601 W. Deschutes Ave., Suite C-2, Kennewick, WA 99336, the Washington alfalfa seed commission serves Washington alfalfa seed producers by supporting the alfalfa seed industry in the areas of research and marketing. The telephone number is 509-585-5460.

History

Statutory Authority: RCW 15.65.050 and chapter 34.05 RCW. WSR 19-02-064, § 16-529-305, filed 12/28/18, effective 1/28/19. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-035, § 16-529-305, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-529-310 Public records officer.

(1) The commission's public records shall be in the charge of the public records officer designated by the commission. The commission or its executive director may appoint a temporary public records officer to serve during the absence of the designated records officer. The public records officer shall be responsible for implementing the commission's rules regarding disclosure of public records, coordination of staff regarding disclosure of public records, and generally ensuring compliance by staff with public records disclosure requirements.

(2) The name of the commission's current public records officer is on file with the office of the code reviser in accordance with RCW 42.56.580 and is published in the Washington State Register.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-035, § 16-529-310, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-529-315 Request for public records.

(1) All requests for disclosure of public records must be submitted in writing directly to the commission's public records officer by mail to Washington Alfalfa Seed Commission, 6601 W. Deschutes Ave., Suite C-2, Kennewick, WA 99336. The request may also be submitted by fax to 509-585-2671 or by email to: shanej@agmgt.com. The written request must include:

(a) The name, address and telephone number or other contact information of the person requesting the records;

(b) The calendar date on which the request is made; and

(a) Public records made available for inspection may not be removed from the area the commission makes available for inspection;

(b) Inspection of any public record will be conducted in the presence of the public records officer or designee;

History

Statutory Authority: RCW 15.65.050 and chapter 34.05 RCW. WSR 19-02-064, § 16-529-315, filed 12/28/18, effective 1/28/19. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-035, § 16-539-315 (codified as WAC 16-529-315), filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-529-320 Response to public records requests.

(1) The public records officer shall respond to public records requests within five business days by:

(a) Making the records available for inspection or copying;

(b) Providing a link or address for a record available on the internet under RCW 42.56.520;

(c) Acknowledging receipt of the request and providing a reasonable estimate of the time the commission will require to respond to the request;

(d) Sending the copies to the requestor if copies are requested and payment of a deposit for the copies is made or terms of payment have been agreed upon; or

(2) Additional time to respond to the request may be based upon the need to:

(a) Clarify the intent of the request;

(b) Locate and assemble the information requested;

(d) Determine whether any of the information requested is exempt from disclosure and that a denial should be made as to all or part of the request.

(4) In the event the requested records name a specific person or pertain to a specific person and may be exempt from disclosure, the commission may, prior to providing the records, give notice to others whose rights may be affected by the disclosure. Sufficient notice will be given to allow affected persons to seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-035, § 16-529-320, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-529-325 Fees—Inspection and copying.

(1) No fee will be charged for the inspection of public records.

(2) Pursuant to RCW 42.56.120(2), the commission declares for the following reasons that it would be unduly burdensome for it to calculate the actual costs it charges for providing copies of public records: Funds were not allocated for performing a study to calculate actual costs and the commission lacks the necessary funds to perform a study and calculations; staff resources are insufficient to perform a study and to calculate such actual costs; and a study would interfere with and disrupt other essential agency functions.

(3) The commission may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120. For all copying or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable within fifteen days of receipt of invoice payable to the Washington alfalfa seed commission. The commission may require that all charges be paid in advance of release of the copies of the records.

(4) The commission or its designee may waive any of the foregoing copying costs.

History

Statutory Authority: Chapters 42.56 and 34.05 RCW. WSR 18-06-095, § 16-529-325, filed 3/7/18, effective 4/7/18. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-035, § 16-529-325, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-529-330 Exemptions.

(1) Production or sales records required to determine assessment levels and actual assessment payments to the commission under chapter 15.65 RCW (reference RCW 42.56.380(3)).

(2) Financial and commercial information and records supplied by persons:

(a) To the commission for the purpose of conducting a referendum for the establishment of the commission; or

(b) To the commission under chapter 15.65 RCW with respect to domestic or export marketing activities or individual producer's production information (reference RCW 42.56.380(5)).

(3) Lists of individuals requested for commercial purposes (reference RCW 42.56.070(9)).

(5) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly required or governed by other law (reference RCW 42.56.230(5)).

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-035, § 16-529-330, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-529-335 Review of denial of public records requests.

(4) Any person may obtain court review of a denial of a public records request under RCW 42.56.550.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-035, § 16-529-335, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-529-340 Records index.

The commission shall establish a records index, which shall be made available for public review. The index includes the following records:

(1) Commission authorizing statute;

(2) Commission marketing order;

(3) Minutes of commission meetings;

(4) Commission board roster; and

(5) List of research projects.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-035, § 16-529-340, filed 2/8/17, effective 3/11/17.

Chapter 16-531 Washington grain commission.

Wash. Admin. Code § 16-531-005 Definitions.

"Commission" means the Washington grain commission.

"Disclosure" means inspection or copying.

History

Statutory Authority: RCW 15.115.160, 42.56.040, and chapter 34.05 RCW. WSR 17-07-136, § 16-531-005, filed 3/22/17, effective 4/22/17.

Wash. Admin. Code § 16-531-010 Rules for implementation of promotional hosting by the Washington grain commission.

RCW 15.04.200 provides that agricultural commodity commissions shall adopt rules governing promotional hosting expenditures by agricultural commodity commission employees, agents, or commissioners. The rules governing promotional hosting expenditures for the Washington grain commission shall be as follows:

(1) Budget approval. Commission expenditures for agricultural development or trade promotion and promotional hosting shall be pursuant to specific budget items as approved by the commission at annual public hearings on the commission budget.

(2) Officials and agents authorized to make expenditures. The following officials and agents are authorized to make expenditures for agricultural development or trade promotion and promotional hosting in accordance with the provisions of these rules.

(a) Commissioners;

(b) Chief executive officer;

(d) Program director;

(e) Director of communications.

Individual commissioners shall make promotional hosting expenditures, or seek reimbursements for those expenditures, only in those instances where the expenditures have been approved by the commission.

(3) Payment and reimbursement. All payments and reimbursements shall be identified and supported by vouchers to which receipts are attached. Voucher forms will be supplied by the commission, and shall require the following information:

(a) Name and position (if appropriate) of each person hosted;

(b) General purpose of the hosting;

(d) Location of the hosting;

(e) To whom payment was or will be made;

(f) Signature of person seeking payment or reimbursement.

(4) The chair of the commission, chief executive officer, and/or treasurer are authorized to approve direct payment or reimbursements submitted in accordance with these rules: Provided, That the chair, chief executive officer and treasurer are not authorized to approve their own vouchers.

(5) The following persons may be hosted when it is reasonably believed such hosting will cultivate trade relations and promote sales of wheat or barley/malting barley or processed wheat or barley products: Provided, That such hosting shall not violate federal or state conflict of interest laws:

(a) Individuals from private business, associations, commissions, and accompanying interpreter(s);

(b) Foreign government officials and accompanying interpreter(s);

(c) Federal and state officials: Provided, That lodging, meals, and transportation will not be provided when such officials may obtain full reimbursement for these expenses from their government employer;

(d) The general public, at meetings and gatherings open to the general public;

(e) Commissioners and employees of the commission when their attendance at meetings, meals, and gatherings at which the persons described in (a) through (d) of this subsection are being hosted, will cultivate trade relations and promote sales of wheat or barley/malting barley or processed wheat or barley products;

(f) Spouses of the persons listed in (a), (b), (c), and (e) of this subsection when attendance of such spouse is customary and expected or will serve to cultivate trade relations, or promote the sale of wheat or barley/malting barley or processed wheat or barley products.

History

Statutory Authority: RCW 15.04.200, 15.115.140, and chapter 34.05 RCW. WSR 10-01-195, § 16-531-010, filed 12/23/09, effective 1/23/10.

Wash. Admin. Code § 16-531-020 Public records officer.

(2) The name of the commission's current public records officer is on file with the office of the code reviser in accordance with RCW 42.56.580 and is published in the Washington State Register.

History

Statutory Authority: RCW 15.115.160, 42.56.040, and chapter 34.05 RCW. WSR 17-07-136, § 16-531-020, filed 3/22/17, effective 4/22/17.

Wash. Admin. Code § 16-531-030 Request for public records.

(1) Requests for disclosure of public records should be directed to the commission's public records officer by mail at 2702 W. Sunset Blvd., Suite A, Spokane, WA 99224; by email to wgc@wagrains.org; or by fax at 509-456-2812. The written request should include:

(a) The name of the person requesting the records and the person's contact information, i.e., address, telephone number or email address;

(b) The calendar date on which the request is made; and

(2) A person wishing to inspect the commission's public records may make an appointment with the public records officer to inspect the records at the commission office during regular business hours. In order to adequately protect the commission's public records, the following will apply:

(a) Public records made available for inspection may not be removed from the area the commission makes available for inspection;

(b) Inspection of any public record will be conducted in the presence of the public records officer or designee;

(3) If a requestor cannot submit a request for public records in writing and desires to make an oral request either in person or by telephone, the public records officer or designee receiving the request will summarize the request in writing and then verify in writing with the requestor that the summary correctly memorializes the request.

History

Statutory Authority: RCW 15.115.160, 42.56.040, and chapter 34.05 RCW. WSR 17-07-136, § 16-531-030, filed 3/22/17, effective 4/22/17.

Wash. Admin. Code § 16-531-040 Response to public records requests.

(1) The commission will respond promptly to requests for disclosure. Email requests will be handled in the same manner as other types of mail received by the commission. Public records requests received by email after regular business hours will be considered received on the next business day. Within five business days of receiving a public records request, the public records officer will respond by doing one or more of the following:

(a) Providing the record;

(b) Providing an internet address and link on the commission's website to the specific records requested (reference RCW 42.56.520);

(c) Acknowledging receipt of the request and providing a reasonable estimate of the time the commission will require to respond to the request; or

(d) Denying the public records request. Responses refusing in whole or in part the inspection of a public record shall include a statement of the specific exemption authorizing withholding of the record (or any part of the record) and a brief explanation of how the exemption applies to the record withheld or to any redactions in records produced.

(2) Additional time to respond to the request may be based upon the need to:

(a) Clarify the intent of the request;

(b) Locate and assemble the information requested;

(d) Determine whether any of the information requested is exempt from disclosure and that a denial should be made as to all or part of the request.

History

Statutory Authority: RCW 15.115.160, 42.56.040, and chapter 34.05 RCW. WSR 17-07-136, § 16-531-040, filed 3/22/17, effective 4/22/17.

Wash. Admin. Code § 16-531-050 Fees—Inspection and copying.

(1) No fee will be charged for the inspection of public records.

(2) The commission reserves the right to charge a fee of fifteen cents per page of black and white photocopy plus postage to reimburse itself for the costs of providing copies of public records.

(3) Requests for records in special formatting, including color copies, will be charged at the amount necessary to reimburse the commission for its actual production costs. If the public records officer deems it more efficient to have copying or duplicating done outside the commission, the charges will be based on the actual cost of such outside copying or duplicating services. For all copying or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable within fifteen days of receipt of the invoice and is payable to the Washington grain commission. The commission may require that all charges be paid in advance of release of the copies of the records.

(4) The public records officer may waive the fee when the expense of processing payment exceeds the cost of providing copies.

History

Statutory Authority: RCW 15.115.160, 42.56.040, and chapter 34.05 RCW. WSR 17-07-136, § 16-531-050, filed 3/22/17, effective 4/22/17.

Wash. Admin. Code § 16-531-060 Exemptions.

(1) Production or sales records required to determine assessment levels and actual assessment payments to the commission under chapter 15.115 RCW (reference RCW 42.56.380(3)).

(2) Financial and commercial information and records supplied by persons:

(a) To the commission for the purpose of conducting a referendum for the establishment of the commission; or

(b) To the commission under chapter 15.115 RCW with respect to domestic or export marketing activities or individual producer's production information (reference RCW 42.56.380(5)).

(3) Personal information in any files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy (reference RCW 42.56.230(3)).

(4) Lists of individuals requested for commercial purposes (reference RCW 42.56.070(9)).

(5) Records that are relevant to a controversy to which the commission is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts, including records involving attorney-client communications between the commission and the office of the attorney general (reference RCW 5.60.060(2) and 42.56.290).

(6) List of individuals requested for commercial purposes (reference RCW 42.56.070(9)).

(7) Residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, Social Security numbers and emergency contact information of dependents of employees or volunteers of the commission that are held by the commission in personnel records, public employment related records, or volunteer rosters, or are included in any mailing list of employees or volunteers of the commission (reference RCW 42.56.250(3)).

History

Statutory Authority: RCW 15.115.160, 42.56.040, and chapter 34.05 RCW. WSR 17-07-136, § 16-531-060, filed 3/22/17, effective 4/22/17.

Wash. Admin. Code § 16-531-070 Review of denial of public records requests.

(1) Any person who objects to the initial denial of a records request may petition in writing to the commission for review of that decision. The petition shall include a copy of, or reasonably identify, the written statement by the commission denying the request.

(2) The commission's executive director or designee will immediately consider the petition and either affirm or reverse the denial. In any case, the request shall be returned with a final decision within ten business days following the commission's receipt of the written request for review of the original denial.

(4) Any person may obtain court review of a denial of a public records request under RCW 42.56.550.

History

Statutory Authority: RCW 15.115.160, 42.56.040, and chapter 34.05 RCW. WSR 17-07-136, § 16-531-070, filed 3/22/17, effective 4/22/17.

Wash. Admin. Code § 16-531-080 Records index.

The commission shall establish a records index, which shall be made available for public review. The records index may be accessed on the commission's website at www.wagrains.org.

History

Statutory Authority: RCW 15.115.160, 42.56.040, and chapter 34.05 RCW. WSR 17-07-136, § 16-531-080, filed 3/22/17, effective 4/22/17.

Chapter 16-532 Hops.

Wash. Admin. Code § 16-532-010 Definitions.

For the purpose of this marketing order:

"Act" means the Washington State Agricultural Enabling Act of 1961 or chapter 15.65 RCW.

"Affected area" means the state of Washington.

"Affected producer" or "producer" means any person who produces hops in commercial quantities in the state of Washington.

"Affected unit" means one pound net of dried hops, or the amount of lupulin, extract or oil produced from pound net of dried hops.

"Commercial quantity" means any hops produced for market by a producer in any calendar year.

"Department" means the department of agriculture of the state of Washington.

"Director" means the director of agriculture of the state of Washington or the director's duly appointed representative.

"Disclosure" means inspection or copying.

"Handler" means any person who acts as principal or agent or otherwise in processing, selling, marketing, or distributing hops not produced by them.

"Hop commodity board" hereinafter referred to as "board" means the commodity board formed under the provisions of WAC 16-532-020.

"Hops" means and includes all kinds and varieties of "humulus lupulus" grown, picked and dried in the state of Washington, whether loose, packaged or baled and all oils, extracts and/or lupulin derived therefrom.

"Marketing season" means the 12-month period beginning with January 1st of any year and ending December 31st, both dates being inclusive.

"Person" means any person, firm, association or corporation.

"Processed" means and includes all hops which are converted into pellets, extracts, oils, lupulin, and/or other forms, including hops which are frozen in undried form, but excluding whole, wet (fresh) or dried hop cones, whether loose or baled.

"Producer-handler" means any person who acts both as a producer and as a handler with respect to hops. A producer-handler shall be deemed to be a producer with respect to the hops which they produce and a handler with respect to the hops which they handle, including those produced by themselves.

"Public records" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the department regardless of physical form or characteristics.

"Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter or trade.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-24-114, s 16-532-010, filed 12/4/24, effective 1/4/25. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-16-004, § 16-532-010, filed 7/20/17, effective 8/20/17
WSR 17-05-032, § 16-532-010, filed 2/8/17, effective 3/11/17. Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-06-044, § 16-532-010, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-15-098, § 16-532-010, filed 7/15/05, effective 8/15/05. Statutory Authority: RCW 15.65.050. WSR 98-13-122, § 16-532-010, filed 6/17/98, effective 7/18/98
WSR 97-17-096, § 16-532-010, filed 8/20/97, effective 9/20/97. Statutory Authority: RCW 15.65.050 and 15.65.430. WSR 96-15-139, § 16-532-010, filed 7/24/96, effective 8/24/96. Statutory Authority: Chapter 15.65 RCW. WSR 92-09-068, § 16-532-010, filed 4/14/92, effective 5/15/92
Marketing Order Article I, § A, filed 7/1/64.

Wash. Admin. Code § 16-532-020 Hop board.

(1) Administration. The provisions of this order and the applicable provisions of the act shall be administered and enforced by the board as the designee of the director.

(2) Board membership.

(a) The board shall consist of eight members. Seven members shall be affected producers elected as provided in this section. The director shall appoint one member of the board who is neither an affected producer nor a handler to represent the department and the public.

(b) For the purpose of nomination and election of producer members of the board, the affected area shall be the entire state of Washington.

(3) Board membership qualifications.

The affected producer members of the board shall be practical producers of hops and shall be citizens and residents of the state of Washington, over the age of 25 years, each of whom is and has been actually engaged in producing hops within the state of Washington for a period of five years and has during that time derived a substantial portion of their income therefrom and who is not engaged in business, directly or indirectly, as a handler or other dealer.

(4) Term of office.

(a) The term of office for members of the board shall be three years and one-third of the membership as nearly as possible shall be elected each year.

(b) Membership positions on the board shall be designated numerically; affected producers shall have positions one through seven and the member appointed by the director position eight.

Positions one, two, three and ten - Until June 30, 1967

Positions four, five and six - Until June 30, 1966

Positions seven, eight and nine - Until June 30, 1965

(d) Terms of office for the board members serving at the time of the 1992 amendment of this section shall be as follows:

Positions one, two, three and ten - Until December 31, 1994

Positions four, five and six - Until December 31, 1993

Positions seven, eight and nine - Until December 31, 1992

(e) The term of office for the remaining producer board members serving at the time of the effective date of the 2005 amended marketing order shall be as follows:

Positions four, five, and six - Until December 31, 2005

Positions one and two - Until December 31, 2006

Positions three and seven - Until December 31, 2007

(5) Nomination and election of board members. Each year the director shall call for a nomination meeting. Such meeting shall be held at least 30 days in advance of the date set by the director for the election of board members. Notice of every such meeting shall be published in a newspaper of general circulation within the major production area not less than 10 days in advance of the date of such meeting and in addition, written notice of every such meeting shall be given to all affected producers according to the list maintained by the director pursuant to RCW 15.65.200 of the act. Nonreceipt of notice by any interested person shall not invalidate the proceedings at such nomination meeting. Any qualified affected producer may be nominated orally for membership on the board at such nomination meetings. Nominations may also be made within five days after any such meetings by written petition filed with the director signed by not less than five affected producers. At the inception of this order nominations may be made at the issuance hearing.

(6) Election of board members.

(a) Members of the board shall be elected by secret mail ballot within the month of November under the supervision of the director. Affected producer members of the board shall be elected by a majority of the votes cast by the affected producers. Each affected producer shall be entitled to one vote.

(b) If a nominee does not receive a majority of the votes on the first ballot a run-off election shall be held by mail in a similar manner between the two candidates for such position receiving the largest number of votes.

(c) Notice of every election for board membership shall be published in a newspaper of general circulation within the major production area not less than 10 days in advance of the date of such election. Not less than 10 days prior to every election for board membership, the director shall mail a ballot of the candidates to each affected producer entitled to vote whose name appears upon the list of such affected producers maintained by the director in accordance with RCW 15.65.200. Any other affected producer entitled to vote may obtain a ballot by application to the director upon establishing their qualifications. Nonreceipt of a ballot by any affected producer shall not invalidate the election of any board member.

(7) Vacancies prior to election. In the event of a vacancy on the board, the remaining members shall select a qualified person to fill the unexpired term.

(8) Quorum. A majority of the members shall constitute a quorum for the transaction of all business and the carrying out of all duties of the board.

(9) Board compensation. No member of the board shall receive any salary or other compensation, but each member shall be reimbursed for actual subsistence and traveling expenses incurred through attendance at meetings or other board activities: Provided, That such expenses shall be authorized by resolution by unanimous approval of the board at a regular meeting.

(10) Powers and duties of the board. The board shall have the following powers and duties:

(a) To administer, enforce and control the provisions of this order as the designee of the director.

(b) To elect a chairman and such other officers as the board deems advisable.

(c) To employ and discharge at its discretion such personnel, including attorneys engaged in the private practice of law subject to the approval and supervision of the attorney general, as the board determines are necessary and proper to carry out the purpose of the order and effectuate the declared policies of the act.

(d) To pay only from moneys collected as assessments or advances thereon the costs arising in connection with the formulation, issuance, administration and enforcement of the order. Such expenses and costs may be paid by check, draft or voucher in such form and in such manner and upon the signature of the person as the board may prescribe.

(e) To reimburse any applicant who has deposited money with the director in order to defray the costs of formulating the order.

(f) To establish a "hop board marketing revolving fund" and such fund to be deposited in a bank or banks or financial institution or institutions, approved for the deposit of state funds, in which all money received by the board except as the amount of petty cash for each day's needs, not to exceed $100, shall be deposited each day or as often during the day as advisable.

(g) To keep or cause to be kept in accordance with accepted standards of good accounting practice, accurate records of all assessments, paid outs, moneys and other financial transactions made and done pursuant to this order. Such records, books and accounts shall be audited subject to procedures and methods lawfully prescribed by the state auditor. Such books and accounts shall be closed as of the last day of each fiscal year of the state of Washington. A copy of such audit shall be delivered within 30 days after the completion thereof to the governor, the director, the state auditor and the board.

(h) To require a bond of all board members and employees of the board in a position of trust in the amount the board shall deem necessary. The premium for such bond or bonds shall be paid by the board from assessments collected. Such bond shall not be necessary if any such board member or employee is covered by any blanket bond covering officials or employees of the state of Washington.

(i) To prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of the order during each fiscal year.

(j) To establish by resolution, a headquarters which shall continue as such unless and until so changed by the board. All records, books and minutes of board meetings shall be kept at such headquarters.

(k) To adopt rules and regulations of a technical or administrative nature, subject to the provisions of chapter 34.05 RCW (Administrative Procedure Act).

(l) To carry out the provisions of RCW 15.65.510 covering the obtaining of information necessary to effectuate the provisions of the order and the act, along with the necessary authority and procedure for obtaining such information.

(m) To bring actions or proceedings upon joining the director as a party for specific performance, restraint, injunction or mandatory injunction against any person who violates or refuses to perform the obligations or duties imposed upon them by the act or order.

(n) To confer with and cooperate with the legally constituted authorities of other states and of the United States for the purpose of obtaining uniformity in the administration of federal and state marketing regulations, licenses, agreements or orders.

(o) To carry out any other grant of authority or duty provided designees and not specifically set forth in this section.

(11) Procedures for board.

(a) The board shall hold regular meetings, at least quarterly, with the time and date thereof to be fixed by resolution of the board.

(b) The board shall hold an annual meeting, at which time an annual report will be presented. The proposed budget shall be presented for discussion at the meeting. Notice of the annual meeting shall be given by the board at least 10 days prior to the meeting by written notice to each producer and by regular wire news services and radio-television press.

(c) The board shall establish by resolution, the time, place and manner of calling special meetings of the board with reasonable notice to the members: Provided, That the notice of any special meeting may be waived by a waiver thereof by each member of the board.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-24-114, s 16-532-020, filed 12/4/24, effective 1/4/25. Statutory Authority: RCW 15.65.047, chapter 34.05 RCW. WSR 11-10-074, § 16-532-020, filed 5/3/11, effective 6/3/11
WSR 05-15-098, § 16-532-020, filed 7/15/05, effective 8/15/05. Statutory Authority: RCW 15.65.050. WSR 99-10-095, § 16-532-020, filed 5/5/99, effective 6/5/99. Statutory Authority: Chapter 15.65 RCW. WSR 92-09-068, § 16-532-020, filed 4/14/92, effective 5/15/92
WSR 88-24-028 (Order 1992), § 16-532-020, filed 12/2/88
Marketing Order Article II, §§ A through K, filed 7/1/64.

Wash. Admin. Code § 16-532-030 Marketing order purposes.

The order is to promote the general welfare of the state, to enable producers of hops to help themselves establish orderly, fair, sound, efficient, unhampered marketing and standardization of hops and regulate unfair trade practices within the industry. To carry out the purposes of the order the board may provide for a program in one or more of the following areas:

(1) Establish plans and conduct programs for advertising, sales, promotion and/or other programs for maintaining present markets and/or creating new or larger markets for hops. Such programs shall be directed toward increasing the sale of hops without reference to any particular brand or trade name and shall neither make use of false or unwarranted claims in behalf of hops nor disparage the quality, value, sale or use of any other agricultural commodity.

(2) Provide for research in the production, processing and/or distribution of hops and expend the necessary funds for such purposes. Insofar as practicable, such research shall be carried on by experiment stations of Washington State University, but if in the judgment of the board said experiment stations do not have the facilities for a particular project or if some other research agency has better facilities therefor, the project may be carried out by other research agencies selected by the board.

(3) Provide by rules and regulations for:

(a) Establishing uniform labels and labeling requirements for hops or any products thereof, requiring producers, handlers and other persons to conform to standards for the placing of labels, trademarks, insignia or brands on bales or packages, provided, that all licensed hop dealers or brokers are entitled to use on the face of their product any particular trademark, insignia, brand or label that they may now have or will have. That established brands, labels, trademarks or insignias may be properly used in selling or commercially disposing of hops and hop products or in offering the same for sale, advertising and/or delivering said hops or hop products;

(b) Providing for inspection and enforcement to ascertain and effectuate compliance;

(4) Prohibit and/or otherwise regulate any one or more or all of the practices listed to the extent that such practices affect, directly or indirectly, hops or any product thereof, but only with respect to persons who engage in such practices with the intent of or with the reasonably foreseeable effect of inducing any purchaser to become their customer or their supplier or of otherwise dealing or trading with them or of diverting trade from a competitor, to wit:

(a) Paying rebates, commissions or unearned discounts;

(b) Unfairly extending privileges or benefits (pertaining to price, to credit, to the loan, lease or giving away of facilities, equipment or other property or to any other matter or thing) to any customer, supplier or other person;

(d) Making or publishing false or misleading advertising. Such regulation may authorize uniform trade practices applicable to all similarly situated handlers and/or other persons.

(5) The board may authorize use of any money received and of any persons employed thereunder for legal proceedings, of any type and in the name of any person, directed to enforcement of this or any other law in force in the state of Washington relating to the prevention of unfair trade practices.

(6) Provide for marketing information and services to affected producers for the verification of grades, standards, weights, tests and sampling of quality and quantity of hops purchased by handlers from affected producers.

(7) Participate in federal or state hearings or other proceedings concerning regulation of the manufacture, distribution, sale, or use of any pesticide as defined by RCW 15.58.030(29) or any agricultural chemical which is of use or potential use in producing hops.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-24-114, s 16-532-030, filed 12/4/24, effective 1/4/25. Statutory Authority: Chapter 15.65 RCW. WSR 92-09-068, § 16-532-030, filed 4/14/92, effective 5/15/92
Marketing Order Article III, § A, filed 7/1/64.

Wash. Admin. Code § 16-532-035 Inspection required.

(1) Before marketing or processing, all varieties of hops produced in the state of Washington must be inspected and certified by the Federal/State Hop Inspection Service for quality and condition of seed, leaf and stem according to the standards established by the Federal Grain Inspection Service of the United States Department of Agriculture. Hops that are sold in fresh green (undried) form are exempted from this requirement. Experimental hop selections that are harvested and dried for testing and evaluation, but are not sold, are exempted from this requirement.

(2) Any hops that are baled on a producer's farm must be officially sampled by a Washington state department of agriculture inspector. If a lot of hops totals less than one thousand two hundred pounds, the grower may utilize a submitted sample in lieu of official sampling for determination of seed, leaf, and stem. Submitted samples must be collected in a random fashion and provide a minimum of 0.5 kg for evaluation.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-032, § 16-532-035, filed 2/8/17, effective 3/11/17. Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 06-15-105, § 16-532-035, filed 7/17/06, effective 8/17/06. Statutory Authority: RCW 15.65.050. WSR 95-17-118 (Order 5077), § 16-532-035, filed 8/23/95, effective 9/23/95. Statutory Authority: Chapter 15.65 RCW. WSR 88-24-028 (Order 1992), § 16-532-035, filed 12/2/88.

Wash. Admin. Code § 16-532-040 Assessments and collections.

(1) Assessments.

(a) The annual assessment on all varieties of hops shall be $0.015 per affected unit, as approved by referendum vote of affected producers.

(b) For the purpose of collecting assessments the board may:

(i) Require handlers to collect producer assessments from producers whose production they handle, and remit the same to the board; or

(ii) Require the person subject to the assessment to give adequate assurance or security for its payment; or

(iii) Require the person subject to the assessment to remit assessments for any hops which are processed prior to the first sale; or

(iv) Require the person subject to the assessment to remit an inventory report for any hops which are not processed or sold prior to December 31 of the year in which they are produced.

(c) Subsequent to the first sale or processing, no affected units shall be transported, carried, shipped, sold, marketed, or otherwise handled or disposed of until every due and payable assessment herein provided for has been paid and the receipt issued. The foregoing shall include all affected units shipped or sold, both inside and outside the state.

(2) Collections. Any moneys collected or received by the board pursuant to the provisions of the order during or with respect to any season or year may be refunded on a pro rata basis at the close of such season or year or at the close of such longer period as the board determines to be reasonably adapted to effectuate the declared policies of this act and the purposes of such marketing agreement or order, to all persons from whom such moneys were collected or received or may be carried over into and used with respect to the next succeeding season, year or period whenever the board finds that the same will tend to effectuate such policies and purposes.

(3) Penalties. Any due and payable assessment herein levied in such specified amount as may be determined by the board pursuant to the provisions of the act and the order, shall constitute a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the board when payment is called for by it. In the event any person fails to pay the board the full amount of such assessment or such other sum on or before the date due, the board may, and is hereby authorized to add to such unpaid assessment or sum an amount not exceeding ten percent of the same to defray the cost of enforcing the collecting of the same. In the event of failure of such person or persons to pay any such due and payable assessment or other such sum, the board may bring a civil action against such person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-16-004, § 16-532-040, filed 7/20/17, effective 8/20/17. Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-06-044, § 16-532-040, filed 2/26/14, effective 3/29/14
WSR 08-15-039, § 16-532-040, filed 7/10/08, effective 8/10/08. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-15-098, § 16-532-040, filed 7/15/05, effective 8/15/05. Statutory Authority: RCW 15.65.050. WSR 97-17-096, § 16-532-040, filed 8/20/97, effective 9/20/97
WSR 95-17-118 (Order 5077), § 16-532-040, filed 8/23/95, effective 9/23/95. Statutory Authority: Chapter 15.65 RCW. WSR 91-15-019 (Order 2090), § 16-532-040, filed 7/10/91, effective 8/10/91. Statutory Authority: RCW 15.65.170. WSR 87-10-059 (Order 1927), § 16-532-040, filed 5/6/87, effective 6/8/87. Statutory Authority: Chapter 15.65 RCW. WSR 83-16-041 (Order 1800), § 16-532-040, filed 7/29/83
WSR 80-05-090 (Order 1686), § 16-532-040, filed 5/1/80
WSR 79-01-045 (Order 1593), § 16-532-040, filed 12/21/78
Order 1332, § 16-532-040, filed 1/17/74
Marketing Order Article IV, §§ A through C, filed 7/1/64.

Wash. Admin. Code § 16-532-050 Obligations of the board.

Obligations incurred by the board or employee or agent thereof pertaining to their performance or nonperformance or misperformance of any matters or things authorized, required or permitted them by the act or this order, and any other liabilities or claims against them or any of them shall be enforced in the same manner as if the whole organization under the order were a corporation. No liability for the debts or actions of the board, employee or agent incurred in their official capacity under this order shall exist either against the board, officers, employees and/or agents in their individual capacity, nor against the state of Washington or any subdivision or instrumentality thereof nor against any other organization, administrator or board (or employee or agent thereof) established pursuant to this act or the assets thereof. The board, and its agents and employees, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other board, member of the board, or other person. The liability of the members of the board shall be several and not joint and no member shall be liable for the default of any other member.

History

Marketing Order Article V, § A, filed 7/1/64.

Wash. Admin. Code § 16-532-060 Termination of the order.

The order shall be terminated if the director finds that 51 percent by numbers and 51 percent by volume of production of the affected producers favor or assent such dissolution. The director may ascertain without compliance with RCW 15.65.050 through 15.65.130 of the act whether such termination is so assented to or favored whenever 20 percent by numbers or 20 percent by volume of production of the affected producers file written application with the director for such termination. The termination shall not, however, become effective until the expiration of the marketing season.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-24-114, s 16-532-060, filed 12/4/24, effective 1/4/25
Marketing Order Article VI, § A, filed 7/1/64.

Wash. Admin. Code § 16-532-070 Effective time.

This marketing order for hops shall become effective on and after August 15, 1964.

History

Marketing Order Article VII, § A, filed 7/1/64.

Wash. Admin. Code § 16-532-080 Separability.

History

Marketing Order Article VIII, § A, filed 7/1/64.

Wash. Admin. Code § 16-532-103 Rules for implementation of promotional hosting by the Washington state hop commodity board (commission)—Definitions.

For the purposes of WAC 16-532-105, the following definitions shall apply:

(1) "Promotional hosting" as used in these rules means the hosting of individuals and groups of individuals at meetings, meals, and gatherings for the purpose of cultivating trade relations and promoting sales of Washington-grown hops.

(2) "Hosting" may include providing meals, refreshments, lodging, transportation, gifts of nominal value, reasonable and customary entertainment, and normal incidental expenses at meetings or gatherings.

History

Statutory Authority: Chapter 15.65 RCW, specifically RCW 15.65.305, chapter 34.05 RCW. WSR 05-12-052, § 16-532-103, filed 5/26/05, effective 6/26/05.

Wash. Admin. Code § 16-532-105 Rules for implementation of promotional hosting by the Washington state hop board.

RCW 15.65.305 and 15.04.200 provide that agricultural commodity boards or commissions shall adopt rules governing promotional hosting expenditures by agricultural commodity board or commission employees, agents, or commissioners. The rules governing promotional hosting expenditures for the Washington state hop board (commission) shall be as follows:

(a) Hop board members.

(b) Administrators. Individual commissioners shall make promotional hosting expenditures, or seek reimbursements for those expenditures, only in those instances where the expenditures have been approved by the commission.

(a) Name and position of each person hosted, provided that in case of a group of twenty-five or more persons, then only the name of the group hosted shall be required.

(b) General purpose of the hosting.

(d) Location of the hosting.

(e) To whom payment was or will be made.

(f) Signature of person seeking payment or reimbursement.

(4) The chair of the commission and administrator are authorized to approve direct payment or reimbursements submitted in accordance with these rules.

(5) The following persons may be hosted when it is reasonably believed such hosting will cultivate trade relations and promote sales of Washington-grown hops, provided that such hosting shall not violate federal or state conflict of interest laws:

(a) Individuals from private business.

(b) Foreign government officials.

(c) Federal and state officials: Provided, lodging, meals, and transportation will not be provided when such officials may obtain reimbursement for these expenses from their government employer.

(d) The general public, at meetings and gatherings open to the general public.

History

Statutory Authority: Chapter 15.65 RCW, specifically RCW 15.65.305, chapter 34.05 RCW. WSR 05-12-052, § 16-532-105, filed 5/26/05, effective 6/26/05.

Wash. Admin. Code § 16-532-110 Requirements for collection of assessments.

(1) Assessments on all hops marketed or processed shall be paid at the rate specified in WAC 16-532-040 to the hop commodity board (commission) by the first handler receiving or handling such hops for or from a producer. The assessments shall be deducted from the payment to be made by such handler to the producer. If processing occurs before the first sale, the assessment shall be paid by the producer.

(2) Payment of such assessment shall be due and payable on the tenth day of the second calendar month following the receiving or delivery to said first handler or the assumption of control of a producer's hops, or following the date of processing, if processed prior to the first sale, by said first handler or producer.

(3) A report on all hops which are produced during the preceding crop year, including a breakdown of pounds marketed, pounds not processed or marketed, and pounds processed but not marketed prior to December 31 of the year in which those hops are produced shall be submitted by the producer no later than January 31 of the following year.

(4) Any handler or producer failing to pay on or before the due date set forth for payment in this regulation, shall add ten percent to the total amount due as a cost for collection as prescribed in RCW 15.65.440.

History

Statutory Authority: Chapter 15.65 RCW, specifically RCW 15.65.047 and 15.65.280, and chapter 34.05 RCW. WSR 05-12-051, § 16-532-110, filed 5/26/05, effective 6/26/05. Statutory Authority: RCW 15.65.050. WSR 97-17-096, § 16-532-110, filed 8/20/97, effective 9/20/97. Statutory Authority: Chapter 15.65 RCW. WSR 92-09-068, § 16-532-110, filed 4/14/92, effective 5/15/92
Regulation 1, filed 10/16/64.

Wash. Admin. Code § 16-532-115 Reporting.

(1) A report on all hops which are produced during the preceding crop year, including a breakdown of pounds marketed, pounds not processed or marketed, and pounds processed but not marketed prior to December 31 of the year in which those hops are produced, shall be submitted by the producer no later than January 31 of the following year.

(2) A "custom processing" report on all hops processed but not sold will be submitted to the commission by the custom processor on the form prescribed by the commission.

History

Statutory Authority: Chapter 15.65 RCW, specifically RCW 15.65.047 and 15.65.280, and chapter 34.05 RCW. WSR 05-12-051, § 16-532-115, filed 5/26/05, effective 6/26/05.

Wash. Admin. Code § 16-532-120 Labeling.

Each lot of hops must be identified by the crop year produced, grower number and lot designation, and variety code stenciled on each bale.

(1) A five-character grower number will be assigned by the Washington hop commodity board (commission) prior to the annual harvest.

(2) The first marking will consist of the last two digits of the crop year and a hyphen, followed by the five-character grower number and three-digit lot designation (example: 18-WA000-001).

(3) The first marking shall be affixed in an easily identified location on the upper face of the bale (nonsewn side) and shall be in characters approximately two inches high.

(4) The second marking will designate the hop variety, utilizing a three-character abbreviation. A list of three-character abbreviations will be approved annually by the Washington state hop commodity board, and will be consistent with internationally accepted variety codes issued by the International Hop Growers Convention.

(5) The second marking shall be affixed immediately below the first marking on the upper face of the bale (nonsewn side), and shall be in characters approximately two inches high.

History

Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 19-14-117, § 16-532-120, filed 7/3/19, effective 8/3/19. Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 08-14-054, § 16-532-120, filed 6/25/08, effective 7/26/08
WSR 06-15-135, § 16-532-120, filed 7/19/06, effective 8/19/06. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 04-10-059, § 16-532-120, filed 4/30/04, effective 5/31/04. Statutory Authority: RCW 15.65.050. WSR 97-17-096, § 16-532-120, filed 8/20/97, effective 9/20/97
WSR 95-17-118 (Order 5077), § 16-532-120, filed 8/23/95, effective 9/23/95. Statutory Authority: RCW 15.65.280 and WAC 16-532-020 10K [(10)(k)]. WSR 93-09-014, § 16-532-120, filed 4/13/93, effective 5/14/93. Statutory Authority: RCW 15.65.380. WSR 88-13-050 (Resolution No. 88-01), § 16-532-120, filed 6/10/88
Regulation 2, filed 10/16/64.

Wash. Admin. Code § 16-532-130 Public records officer.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-032, § 16-532-130, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-532-135 Requests for public records.

(1) All requests for disclosure of public records must be submitted in writing directly to the commission's public records officer by mail at P.O. Box 2885, Yakima, WA 98907 or by email at washingtonhopcommission@gmail.com. The written request should include:

(a) The name of the person requesting the record and their contact information;

(b) The calendar date on which the request is made;

(2) Any person wishing to inspect the commission's public records may make an appointment with the public records officer to inspect the records at the commission office during regular business hours. In order to adequately protect the department's public records, the following will apply:

(a) Public records made available for inspection may not be removed from the area the commission makes available for inspection.

(b) Inspection of any public record will be conducted in the presence of the public records officer or designee.

(d) The commission has the discretion to designate the means and the location for the inspection of records. The viewing of those records that require specialized equipment shall be limited to the availability of that equipment located at the commission office and the availability of authorized staff to operate that equipment.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-24-114, s 16-532-135, filed 12/4/24, effective 1/4/25. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-16-004, § 16-532-135, filed 7/20/17, effective 8/20/17
WSR 17-05-032, § 16-532-135, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-532-140 Response to public records request.

(1) The public records officer shall respond to public records requests within five business days by:

(a) Providing the record;

(b) Providing a link or address for a record available on the internet under RCW 42.56.520;

(c) Acknowledging receipt of the request and providing a reasonable estimate of the time the commission will require to respond to the request; or

(2) Additional time to respond to the request may be based upon the need to:

(a) Clarify the intent of the request;

(b) Locate and assemble the information requested;

(d) Determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-032, § 16-532-140, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-532-145 Fees—Inspection and copying.

(1) No fee shall be charged for the inspection of public records.

(2) Pursuant to RCW 42.56.120(2), the commission declares for the following reasons that it would be unduly burdensome for it to calculate the actual costs it charges for providing copies of public records. Funds were not allocated for performing a study to calculate such costs and the commission lacks the necessary funds to perform a study and calculations; staff resources are insufficient to perform a study and to calculate such actual costs; and a study would interfere with and disrupt other essential commission functions.

(3) The commission may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120.

(4) For all copying or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable within fifteen days of receipt of invoice payable to the Washington hop commission. The commission may require that all charges be paid in advance of release of the copies of the records.

(5) The commission or its designee may waive any of the foregoing copying costs.

History

Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 19-14-117, § 16-532-145, filed 7/3/19, effective 8/3/19
WSR 17-05-032, § 16-532-145, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-532-150 Exemptions.

(1) Production or sales records required to determine assessment levels and actual assessment payments the commission under chapter 15.65 RCW (reference RCW 42.56.380(3)).

(2) Financial and commercial information and records supplied by persons:

(a) To the commission for the purpose of conducting a referendum for the establishment of the commission; or

(b) To the commission under chapter 15.65 RCW, with respect to domestic or export marketing activities or individual producer's production information (reference RCW 42.56.380(5)).

(3) Lists of individuals requested for commercial purposes (reference RCW 42.56.070(9)).

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-032, § 16-532-150, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-532-155 Review of denials of public records requests.

(4) Any person may obtain court review of a denial of a public records request under RCW 42.56.550.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-032, § 16-532-155, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-532-160 Records index.

The commission shall establish a records index, which shall be made available for public review. The records index may be accessed by emailing the commission at washingtonhopcommission@gmail.com.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-16-004, § 16-532-160, filed 7/20/17, effective 8/20/17
WSR 17-05-032, § 16-532-160, filed 2/8/17, effective 3/11/17.

Chapter 16-536 Washington pulse crops commission.

Wash. Admin. Code § 16-536-005 Marketing order for Washington pulse crops—Policy statement.

(1) The marketing of pulse crops within this state is in the public interest. It is vital to the continued economic well-being of the citizens of this state and their general welfare that its pulse crops be properly promoted by:

(a) Enabling producers of pulse crops to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standardizing of the pulse crops they produce; and

(b) Working towards stabilizing the agricultural industry by increasing consumption of pulse crops within the state, the nation, and internationally.

(2) That it is in the overriding public interest that support for the pulse crops industry be clearly expressed, that adequate protection be given to the industry and its activities and operations, and that pulse crops be promoted individually, and as part of a comprehensive agricultural industry to:

(a) Enhance the reputation and image of Washington state's pulse crops.

(b) Increase the sale and use of Washington state's pulse crops in local, domestic, and foreign markets.

(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production of Washington state's pulse crops.

(d) Increase the knowledge of the health-giving qualities and dietetic value of Washington state's pulse crops and products.

(e) Support and engage in programs or activities that benefit the planting, production, harvesting, handling, processing, marketing, and uses of pulse crops produced in Washington state.

(3) The director is authorized to implement, administer, and enforce chapter 15.65 RCW through the adoption of this marketing order.

(4) The Washington state pulse crops commodity board exists primarily for the benefit of the people of the state of Washington and its economy, and with oversight by the director, the board is authorized to speak on behalf of Washington state government with regard to pulse crops under the provisions of this marketing order.

History

Statutory Authority: RCW 15.65.047, 15.65.050, and chapter 34.05 RCW. WSR 16-15-004, § 16-536-005, filed 7/7/16, effective 8/7/16. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 04-17-021, § 16-536-005, filed 8/9/04, effective 9/9/04.

Wash. Admin. Code § 16-536-006 Marketing order purposes.

This marketing order is to promote the general welfare of the state and for the purpose of maintaining existing markets or creating new or larger local, domestic, and foreign markets; or increasing production efficiency, ensuring a fair regulatory environment; or increasing per capita consumption of pulse crops in Washington state. The Washington state pulse crops commodity board is designated by the director to conduct the following programs in accordance with chapter 15.65 RCW:

(1) To carry out the purposes of the order, the board shall provide for a program in one or more of the following areas:

(a) Establish plans and conduct programs for marketing, sales, promotion and/or other programs for maintaining present markets and/or creating new or larger markets for pulse crops. Such programs shall be directed toward increasing the sale of pulse crops without reference to any particular brand or trade name and shall neither make use of false or unwarranted claims on behalf of pulse crops nor disparage the quality, value, sale or use of any other agricultural commodity.

(b) Provide for research in the production, processing, irrigation, transportation, handling, and/or distribution of pulse crops and expend the necessary funds for such purposes. Insofar as practicable, such research shall be carried out by experiment stations of Washington State University, but if in the judgment of the board said experiment stations do not have adequate facilities for a particular project or if some other research agency has better facilities therefor, the project may be carried out by other research agencies selected by the board.

(i) Establishing uniform grades and standards of quality, condition, maturity, size, weight, pack, packages and/or label for pulse crops or any products thereof.

(ii) Requiring producers, handlers and/or other persons to conform to such grades and/or standards in packing, packaging, processing, labeling, selling or otherwise commercially disposing of pulse crops and/or in offering, advertising and/or delivering it therefor.

(iii) Providing for inspection and enforcement to ascertain and effectuate compliance.

(iv) Providing that the board shall carry out inspection and enforcement of, and may (within the general provisions of the order) establish detailed provisions relating to, such standards and grades and such rules and regulations: Provided, That any modification not of a substantial nature, such as the modification of standards within a certain grade may be made without a hearing, and shall not be considered an amendment for the purposes of the act and order.

(d) Conduct programs for the purpose of providing information and education including:

(i) Marketing information and services for producers of pulse crops for the verification of grades, standards, weights, tests, and sampling of quality and quantity of pulse crops purchased by handlers from affected producers.

(ii) Information and services enabling producers to meet their resource conservation objectives.

(iii) Pulse crops-related education and training.

(e) Subject to the provisions of the act, provide information and communicate on matters pertaining to the production, irrigation, processing, transportation, marketing, or uses of pulse crops produced in Washington state to any elected official or officer or employee of any agency.

(2) The director shall approve any plans, programs, and projects concerning:

(a) The establishment, issuance, effectuation, and administration of programs authorized under this section for advertising and promotion of pulse crops; and

(b) The establishment and effectuation of market research projects, market development projects, or both to the end that marketing and utilization of pulse crops may be encouraged, expanded, improved, or made more efficient.

History

Statutory Authority: RCW 15.65.047, 15.65.050, and chapter 34.05 RCW. WSR 16-15-004, § 16-536-006, filed 7/7/16, effective 8/7/16. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 04-17-021, § 16-536-006, filed 8/9/04, effective 9/9/04.

Wash. Admin. Code § 16-536-010 Definitions.

Definitions for terms used in this chapter are also found in chapter 15.65 RCW, Washington State Agricultural Commodity Boards Act. For the purpose of this marketing order:

"Act" means the Washington State Agricultural Commodity Boards Act, chapter 15.65 RCW.

"Affected area" means the state of Washington.

"Affected handler" means any person who acts as principal or agent or otherwise in processing, selling, marketing or distributing pulse crops not produced by them. "Handler" does not include a common carrier used to transport an agricultural commodity. "To handle" means to act as a handler.

"Affected producer" means any person who produces, or causes to be produced, in commercial quantities, pulse crops in the state of Washington.

"Affected unit" means 100 pounds of pulse crops.

"Chickpeas (garbanzo beans)" means all kinds and varieties of dry chickpeas grown in the state of Washington: Provided, That it shall not include dry chickpeas used by the producers thereof on their premises for feed, seed, and personal consumption.

"Commercial quantity" means all the pulse crops produced for market in any calendar year by any producer.

"Department" means the department of agriculture of the state of Washington.

"Director" means the director of agriculture of the state of Washington or the director's duly appointed representative.

"Dry peas" means all kinds and varieties of dry peas grown in the state of Washington, including commercially grown wrinkled peas raised for seed: Provided, That it shall not include dry peas used by the producer thereof on his or her premises for feed, seed, and personal consumption: Provided further, That the inclusion of commercially grown wrinkled peas raised for seed will not become effective until approved by a referendum vote of the affected commercial wrinkled pea seed producers.

"Faba (fava) beans" means all kinds and varieties of dry faba beans grown in the state of Washington: Provided, That it shall not include faba beans used by the producers thereof on their premises for feed, seed, and personal consumption.

"Lentils" means all kinds and varieties of lentils grown in the state of Washington: Provided, That it shall not include lentils used by the producers thereof on their premises for feed, seed, and personal consumption.

"Lupine (lupin)" means all kinds and varieties of dry lupine grown in the state of Washington: Provided, That it shall not include lupine used by the producers thereof on their premises for feed, seed, and personal consumption.

"Marketing season" or "fiscal year" means the 12-month period beginning with July 1st of any year and ending with the last day of June, both dates being inclusive.

"Person" means any individual, firm, corporation, limited liability company, trust, association, partnership, society, or any other organization of individuals or any unit or agency of local or state government.

"Producer-handler" means any person who acts both as a producer and as a handler with respect to pulse crops. A producer-handler shall be deemed to be a producer with respect to the pulse crops which they produce, and a handler with respect to the pulse crops which they handle, including those produced by themselves. "To produce" means to act as a producer. For purposes of the pulse crops marketing order, "producer" shall include bailees who contract to produce or grow any agricultural product on behalf of a bailor who retains title to the seed and its resulting agricultural product or the agricultural product delivered for further production or increase.

"Pulse crops" means the following commodities marketed in their "dry" condition: Dry peas, chickpeas/garbanzo beans, lentils, faba beans, and lupine as defined in this marketing order.

"Pulse crops commodity board" hereinafter referred to as "board" or "commission" means the dry pea and lentil commodity board formed under the provisions of WAC 16-536-020 and renamed the Washington pulse crops commission.

"Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter or trade.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-24-115, s 16-536-010, filed 12/4/24, effective 1/4/25. Statutory Authority: RCW 15.65.047, 15.65.050, and chapter 34.05 RCW. WSR 16-15-004, § 16-536-010, filed 7/7/16, effective 8/7/16. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 04-17-021, § 16-536-010, filed 8/9/04, effective 9/9/04. Statutory Authority: Chapter 15.65 RCW. WSR 82-15-020 (Order 1768), § 16-536-010, filed 7/13/82
Marketing Order Article I § A, filed 3/26/65.

Wash. Admin. Code § 16-536-020 The pulse crops board.

(1) Administration. The provisions of this order and the applicable provisions of the act shall be administered and enforced by the board as the designee of the director.

(2) Board membership.

(a) The board shall consist of 10 members. Eight members shall be affected producers appointed as provided in this marketing order. One member shall be an affected handler appointed as provided in this marketing order. The director shall appoint one member of the board who is neither an affected producer nor an affected handler to represent the director. The position representing the director shall be a voting member.

(b) For the purpose of nomination and appointment of producer members of the board, the affected area of the state of Washington shall be divided into four representative districts as follows:

(i) District I shall have three board members, being positions 1, 2 and 3 and shall include the county of Whitman.

(ii) District II shall have two board members, being positions 4 and 5 and shall include the county of Spokane.

(iii) District III shall have one board member being position 6 and shall include the counties of Walla Walla, Garfield, Columbia and Asotin.

(iv) District IV shall have two board members, being positions 7 and 8 and shall include all other counties of the state of Washington: Provided, That the addition of another member, being position 8, shall not become effective until approved by a referendum vote of the affected commercial wrinkled pea seed producers.

(3) Board membership qualifications.

(a) The producer members of the board must be practical producers of pulse crops in the district in and for which they are nominated and appointed and each shall be a citizen and resident of the state, over the age of 18 years. Each producer board member must be and have been actually engaged in producing pulse crops within the state of Washington for a period of five years and has during that time derived a substantial portion of their income therefrom and is not engaged in business, directly or indirectly, as a handler or other dealer.

(b) The handler member of the board must be a practical handler of pulse crops and shall be a citizen and resident of the state, over the age of 18 years. The handler board member must be and have been, either individually or as an officer or an employee of a corporation, firm, partnership, association or cooperative actually engaged in handling pulse crops within the state of Washington for a period of five years and has during that period derived a substantial portion of their income therefrom.

(4) Term of office.

(a) The term of office for members of the board shall be three years, and one-third of the membership as nearly as possible shall be appointed each year.

(b) Membership positions on the board shall be designated numerically; affected producers shall have positions one through eight, the affected handler shall have position nine and the member representing the director position ten.

Positions seven, eight, nine, and ten - One year

Positions four, five and six - Two years

Positions one, two, and three - Three years

(d) To accomplish the transition to a commodity board structure where the director appoints a majority of the board members, the names of the currently elected board members shall be forwarded to the director for appointment within 30 days of the effective date of this amended marketing order.

(5) Nomination of director-appointed board members.

(a) For the purpose of nominating candidates for appointment to board membership the director shall call separate meetings of affected producers and affected handlers.

(b) Each year the director shall call a nomination meeting for director-appointed board members in those districts whose board members term is about to expire. The meeting(s) shall be held at least 30 days in advance of the date set by the director for the advisory vote of board members.

(c) Notice of a nomination meeting shall be published in newspapers of general circulation within the affected district not less than 10 days in advance of the date of such meeting and in addition, written notice of every such meeting shall be given to all affected producers within such affected district and handlers according to the list maintained by the board pursuant to RCW 15.65.295.

(d) Nonreceipt of notice by any interested person shall not invalidate the proceedings at a nomination meeting.

(e) Any qualified affected producer or handler may be nominated orally for membership on the board at a nomination meeting. Nominations may also be made within five days after the meeting by written petition filed with the director signed by not less than five affected producers or affected handlers.

(f) If the board moves and the director approves that the nomination meeting procedure be deleted, the director shall give notice of the open board position(s) by mail to all affected producers and handlers. Nominating petitions for producers and handlers shall be signed by not less than five affected producers and handlers. Final date for filing nominations shall be not less than 20 days after the notice was mailed.

(g) When only one nominee is nominated for a director-appointed position, RCW 15.65.250 shall apply.

(6) Advisory vote of board members.

(a) An advisory vote shall be conducted by secret ballot under the supervision of the director within the month of May. Each affected producer and affected handler shall be entitled to one vote.

(b) An advisory vote shall be conducted for board members appointed by the director under the provisions of RCW 15.65.243. The names of the two candidates receiving the most votes in the advisory vote shall be forwarded to the director for potential appointment to the board. In the event there are only two candidates nominated for a board position, an advisory vote may not be held and the candidates' names shall be forwarded to the director for potential appointment.

(c) Notice of every advisory vote for board membership shall be published in a newspaper of general circulation within the affected district not less than 10 days in advance of the date of the advisory vote. Not less than 10 days prior to every advisory vote for board membership, the director shall mail a ballot of the candidates to each affected producer and affected handler entitled to vote whose name appears upon the list of such affected producers and affected handlers maintained by the board pursuant to RCW 15.65.295. Any other affected producer or affected handler entitled to vote may obtain a ballot by application to the director upon establishing their qualifications.

(d) Nonreceipt of a ballot by an affected producer or affected handler shall not invalidate the advisory vote of any board member.

(7) Vacancies. In the event of a vacancy in a director-appointed position, the position shall be filled as specified in RCW 15.65.270.

(8) Quorum. A majority of the members shall constitute a quorum for the transaction of all business and the carrying out of all duties of the board.

(9) Board compensation. No member of the board shall receive any salary or other compensation, but each member may be compensated in accordance with RCW 43.03.230 and shall be reimbursed for subsistence, lodging, and mileage in accordance with RCW 43.03.050 and 43.03.060, as provided for in RCW 15.65.270. The board may adopt by resolution provisions for reimbursement of actual travel expenses incurred by members and employees of the board in carrying out the provisions of this marketing order pursuant to RCW 15.65.270.

(10) Powers and duties of the board. The board shall have the following powers and duties:

(a) To administer, enforce and control the provisions of this order as the designee of the director.

(b) To elect a chairman and such other officers as the board deems advisable.

(e) To reimburse any applicant who has deposited money with the director in order to defray the costs of formulating the order: Provided, That the total reimbursement to all applicants shall not exceed $2,000.

(f) To establish a "pulse crops board marketing revolving fund" and such fund to be deposited in a bank or banks or financial institution or institutions, approved for the deposit of state funds, in which all money received by the board, except as the amount of petty cash for each day's needs, not to exceed $100, shall be deposited each day or as often during the day as advisable.

(g) To keep or cause to be kept in accordance with accepted standards of good accounting practice, accurate records of all assessments, collections, receipts, deposits, withdrawals, disbursements, paid outs, moneys and other financial transactions made and done pursuant to this order. Such records, books and accounts shall be audited at least annually subject to procedures and methods lawfully prescribed by the state auditor. Such books and accounts shall be closed as of the last day of each fiscal year of the state of Washington. A copy of such audit shall be delivered within 30 days after the completion thereof to the governor, the director, the state auditor and the board.

(i) To prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of the order during each fiscal year. The board, at least 15 days prior to the beginning of its fiscal year, shall prepare and submit to the director for approval its research plan, its commodity-related education and training plan, and its budget.

(k) To adopt rules of a technical or administrative nature for the operation of the board, subject to the provisions of chapter 34.05 RCW (Administrative Procedure Act).

(o) To carry out any other grant of authority or duty provided designees and not specifically set forth in this section.

(p) To work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes provided in this order.

(q) To enter into contracts or interagency agreements with any private or public agency, whether federal, state, or local. Personal service contracts must comply with chapter 39.29 RCW.

(r) To accept and expend or retain any gifts, bequests, contributions, or grants from private persons or private and public agencies.

(s) To enter into contracts or agreements for research in the production, irrigation, processing, transportation, marketing, use, or distribution of pulse crops.

(t) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of the commission. The retention of a private attorney is subject to review by the office of the attorney general.

(u) To engage in appropriate fund-raising activities for the purpose of supporting activities authorized by this order.

(v) To participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, irrigation, manufacture, regulation, transportation, distribution, sale, or use of pulse crops including activities authorized under RCW 42.17.190, including the reporting of those activities to the public disclosure commission.

(w) To maintain a list of the names and addresses of affected producers that may be compiled from information used to collect assessments under the provisions of this marketing order and data on the value of each producer's production for a minimum three-year period pursuant to RCW 15.65.280.

(x) To maintain a list of the names and addresses of persons who handle pulse crops within the affected area and data on the amount and value of the pulse crops handled for a minimum three-year period by each person pursuant to RCW 15.65.280.

(y) To maintain a list of the names and addresses of all affected persons who produce pulse crops and the amount, by unit, of pulse crops produced during the past three years pursuant to RCW 15.65.295.

(z) To maintain a list of all persons who handle pulse crops and the amount of pulse crops handled by each person during the past three years pursuant to RCW 15.65.295.

(aa) To establish a foundation using commission funds as grant money for the purposes established in this marketing order.

(11) Procedures for board.

(a) The board shall hold regular meetings with the time and date thereof to be fixed by resolution of the board and the meetings shall be held in accordance with chapter 42.30 RCW (Open Public Meetings Act). The notice of the time and place of regular meetings shall be published on or before January of each year in the Washington State Register. Notice of any change to the meeting schedule shall be published in the state register at least 20 days prior to the rescheduled meeting date.

(b) The board shall hold an annual meeting, at which time an annual report will be presented. The proposed budget shall be presented for discussion at the meeting. Notice of the annual meeting shall be given by the board at least 10 days prior to the meeting through regular wire news services and radio-television press.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-24-115, s 16-536-020, filed 12/4/24, effective 1/4/25. Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 21-15-117, § 16-536-020, filed 7/21/21, effective 8/21/21. Statutory Authority: RCW 15.65.047, 15.65.050, and chapter 34.05 RCW. WSR 16-15-004, § 16-536-020, filed 7/7/16, effective 8/7/16. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 04-17-021, § 16-536-020, filed 8/9/04, effective 9/9/04. Statutory Authority: RCW 15.65.050. WSR 95-17-117 (Order 5079), § 16-536-020, filed 8/23/95, effective 9/23/95. Statutory Authority: Chapter 15.65 RCW. WSR 82-15-020 (Order 1768), § 16-536-020, filed 7/13/82
Marketing Order Article II, §§ A through K, filed 3/26/65.

Wash. Admin. Code § 16-536-040 Assessments and collections.

(1) Assessments.

(a) The assessment on all varieties of pulse crops subject to this marketing order shall be one percent of the net receipts at the first point of sale and shall be deducted by the first purchaser from the price paid to the grower. Such assessment shall be remitted to the commission board in accordance with procedures adopted by the commission board: Provided, That an assessment on commercial wrinkled pea seed shall not become effective unless approved by a referendum vote of the affected wrinkled pea seed producers.

(b) Assessments shall not be payable on any such pulse crops used by the producer thereof on their premises for feed, seed and personal consumption.

(2) Collections. Any moneys collected or received by the board pursuant to the provisions of this order during or with respect to any season or year may be refunded on a pro rata basis at the close of such season or year or at the close of such longer period as the board determines to be reasonably adapted to effectuate the declared policies of this act and the purposes of this marketing order, to all persons from whom moneys were collected or received, or may be carried over into and used with respect to the next succeeding season, year or period whenever the board finds that the same will tend to effectuate the policies and purposes.

(3) Penalties. Any due and payable assessment herein levied in such specified amount as may be determined by the board pursuant to the provisions of the act and this order, shall constitute a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the board when payment is called for by it. In the event any person fails to pay the board the full amount of such assessment or such other sum on or before the date due, the board may, and is hereby authorized to add to such unpaid assessment or sum an amount not exceeding 10 percent of the unpaid assessment to defray the cost of enforcing the collecting of it. In the event of failure of such person or persons to pay any due and payable assessment or other such sum, the board may bring a civil action against the person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified 10 percent, and the action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 24-24-115, s 16-536-040, filed 12/4/24, effective 1/4/25. Statutory Authority: RCW 15.65.047, 15.65.050, and chapter 34.05 RCW. WSR 16-15-004, § 16-536-040, filed 7/7/16, effective 8/7/16. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 04-17-021, § 16-536-040, filed 8/9/04, effective 9/9/04. Statutory Authority: Chapter 15.65 RCW. WSR 86-15-002 (Order 1895), § 16-536-040, filed 7/3/86, effective 8/4/86
WSR 82-15-020 (Order 1768), § 16-536-040, filed 7/13/82
Order 1533, § 16-536-040, filed 6/8/77
Marketing Order Article IV, §§ A through C, filed 3/26/65.

Wash. Admin. Code § 16-536-050 Obligations of the board.

Obligations incurred by the board or employee or agent thereof pertaining to their performance or nonperformance or misperformance of any matters or things authorized, required or permitted them by the act or this order, and any other liabilities or claims against them or any of them shall be enforced in the same manner as if the whole organization under the order were a corporation. No liability for the debts or actions of the board, employee or agent incurred in their official capacity under this order shall exist either against the board, officers, employees and/or agents in their individual capacity, nor against the state of Washington or any subdivision or instrumentality thereof nor against any other organization, administrator or board (or employee or agent thereof) established pursuant to this act or the assets thereof. The board, and its agents and employees, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other board, member of the board, or other person. The liability of the members of the board shall be several and not joint and no member shall be liable for the default of any other member.

History

Marketing Order Article V, § A, filed 3/26/65.

Wash. Admin. Code § 16-536-060 Termination of the order.

Termination shall be accomplished pursuant to RCW 15.65.183 through 15.65.193.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 04-17-021, § 16-536-060, filed 8/9/04, effective 9/9/04
Marketing Order Article VI, § A, filed 3/26/65.

Wash. Admin. Code § 16-536-070 Effective time.

This marketing order for pulse crops (formerly titled "dry peas and lentils") shall become effective on and after July 1, 1965, as amended by rule.

History

Statutory Authority: RCW 15.65.047, 15.65.050, and chapter 34.05 RCW. WSR 16-15-004, § 16-536-070, filed 7/7/16, effective 8/7/16
Marketing Order Articles VII and VIII, filed 3/26/65.

Wash. Admin. Code § 16-536-080 Separability.

History

Marketing Order Article IX, filed 3/26/65.

Wash. Admin. Code § 16-536-090 Description, address, and telephone number of the Washington pulse crops commission.

Headquartered at 2780 W. Pullman Road, Moscow, Idaho 83843, the Washington pulse crops commission serves Washington pulse crops producers by supporting the pulse crops industry in the areas of marketing, education, and research. The telephone number is 208-882-3023.

History

Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 21-15-117, § 16-536-090, filed 7/21/21, effective 8/21/21.

Wash. Admin. Code § 16-536-100 Public records officer.

(2) The name of the commission's current public records officer is on file with the office of the code reviser in accordance with RCW 42.56.580 and is published in the Washington State Register.

History

Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 21-15-117, § 16-536-100, filed 7/21/21, effective 8/21/21.

Wash. Admin. Code § 16-536-110 Request for public records.

(1) All requests for disclosure of public records must be submitted in writing directly to the commission's public records officer by mail to Washington Pulse Crops Commission, 2780 W. Pullman Road, Moscow, Idaho 83843. The request may also be submitted by email to: eaune@usapulses.org. The written request must include:

(a) The name, address, and telephone number or other contact information of the person requesting the records;

(b) The calendar date on which the request is made; and

(a) Public records made available for inspection may not be removed from the area the commission makes available for inspection;

(b) Inspection of any public record will be conducted in the presence of the public records officer or designee;

History

Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 21-15-117, § 16-536-110, filed 7/21/21, effective 8/21/21.

Wash. Admin. Code § 16-536-115 Response to public records requests.

(1) The public records officer shall respond to public records requests within five business days by:

(a) Making the records available for inspection or copying;

(b) Providing a link or address for a record available on the internet under RCW 42.56.520;

(c) Acknowledging receipt of the request and providing a reasonable estimate of the time the commission will require to respond to the request;

(d) Sending the copies to the requestor if copies are requested and payment of a deposit for the copies is made or terms of payment have been agreed upon; or

(2) Additional time to respond to the request may be based upon the need to:

(a) Clarify the intent of the request;

(b) Locate and assemble the information requested;

(d) Determine whether any of the information requested is exempt from disclosure and that a denial should be made as to all or part of the request.

History

Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 21-15-117, § 16-536-115, filed 7/21/21, effective 8/21/21.

Wash. Admin. Code § 16-536-120 Fees—Inspection and copying.

(1) No fee will be charged for the inspection of public records.

(3) The commission may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120. For all copying or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable within fifteen days of receipt of invoice payable to the Washington pulse crops commission. The commission may require that all charges be paid in advance of release of the copies of the records.

(4) The commission or its designee may waive any of the foregoing copying costs.

History

Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 21-15-117, § 16-536-120, filed 7/21/21, effective 8/21/21.

Wash. Admin. Code § 16-536-125 Exemptions.

(1) Production or sales records required to determine assessment levels and actual assessment payments to the commission under chapter 15.65 RCW (reference RCW 42.56.380(3)).

(2) Financial and commercial information and records supplied by persons:

(a) To the commission for the purpose of conducting a referendum for the establishment of the commission; or

(b) To the commission under chapter 15.65 RCW with respect to domestic or export marketing activities or individual producer's production information (reference RCW 42.56.380(5)).

(3) Lists of individuals requested for commercial purposes (reference RCW 42.56.070(8)).

History

Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 21-15-117, § 16-536-125, filed 7/21/21, effective 8/21/21.

Wash. Admin. Code § 16-536-130 Review of denial of public records requests.

(1) Any person who objects to the initial denial of a request to copy or inspect public records may petition the commission for review of such decision by submitting a written request to the commission. The request shall specifically refer to the statement which constituted or accompanied the denial.

(4) Any person may obtain court review of a denial of a public records request under RCW 42.56.550.

History

Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 21-15-117, § 16-536-130, filed 7/21/21, effective 8/21/21.

Wash. Admin. Code § 16-536-135 Records index.

The commission shall establish a records index, which shall be made available for public review. The index includes the following records:

(1) Commission authorizing statute;

(2) Commission marketing order;

(3) Minutes of commission meetings;

(4) Commission board roster; and

(5) List of marketing, education, and research projects.

History

Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 21-15-117, § 16-536-135, filed 7/21/21, effective 8/21/21.

Chapter 16-540 Mint.

Wash. Admin. Code § 16-540-005 Marketing order for Washington mint—Policy statement.

(1) The marketing of mint within this state is in the public interest. It is vital to the continued economic well-being of the citizens of this state and their general welfare that its mint be properly promoted by:

(a) Enabling producers of mint to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standardizing of the mint they produce; and

(b) Working towards stabilizing the agricultural industry by increasing consumption of mint within the state, the nation, and internationally.

(2) That it is in the overriding public interest that support for the mint industry be clearly expressed, that adequate protection be given to the industry and its activities and operations, and that mint be promoted individually and as part of a comprehensive agricultural industry to:

(a) Enhance the reputation and image of Washington state's mint.

(b) Increase the sale and use of Washington state's mint in local, domestic, and foreign markets.

(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production of Washington state's mint.

(d) Increase the knowledge of the health-giving qualities and dietetic value of Washington state's mint and products.

(e) Support and engage in programs or activities that benefit the planting, production, harvesting, handling, processing, marketing, and uses of mint produced in Washington state.

(3) The director is authorized to implement, administer, and enforce chapter 15.65 RCW through the adoption of this marketing order.

(4) The Washington state mint commodity board exists primarily for the benefit of the people of the state of Washington and its economy and, with oversight by the director, the board is authorized to speak on behalf of Washington state government with regard to mint under the provisions of this marketing order.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-09-013, § 16-540-005, filed 4/8/05, effective 5/9/05.

Wash. Admin. Code § 16-540-006 Marketing order purposes.

This marketing order is to promote the general welfare of the state and for the purpose of maintaining existing markets or creating new or larger local, domestic, and foreign markets; or increasing production efficiency of mint in Washington state. The Washington state mint commodity board is designated by the director to conduct the following programs in accordance with chapter 15.65 RCW:

(1) To enable producers of mint plants to help themselves develop improved production methods and/or programs for the control of disease, insects, and weeds associated with mint plant culture and to provide for the dissemination of information to affected producers.

(2) To carry out the purposes of the order the board shall provide for a program in one or more of the following areas:

(a) Provide for aid in research in the production of mint plants and the distilling of mint oil by producers and to expend the necessary funds for such purposes. Insofar as practicable, such research shall be carried out by experiment stations of Washington State University, but if in the judgment of the board said experiment stations do not have adequate facilities for a particular project or if some other research agency has better facilities therefor, the project may be carried out by other research agencies selected by the board.

(b) Provide for collection and dissemination of information pertaining to mint.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-09-013, § 16-540-006, filed 4/8/05, effective 5/9/05.

Wash. Admin. Code § 16-540-010 Definitions.

Definitions for terms used in this chapter are also found in chapter 15.65 RCW, Washington State Agriculture Commodity Boards Act. For the purpose of this marketing order, the following additional definitions shall apply:

"Act" means the Washington State Agricultural Commodity Boards Act or chapter 15.65 RCW.

"Affected area" means the state of Washington.

"Affected handler" means any person who acts as principal or agent or otherwise in buying, selling, marketing or distributing mint oils produced from mint plants not grown by them. Affected handler does not include a common carrier used to transport an agricultural commodity. "To handle" means to act as a handler.

"Affected producer" or "producer" means any person who produces, or causes to be produced in commercial quantities, in the state of Washington, any variety of mint plant from which the essential oil is distilled or extracted. "To produce" means to act as a producer. For the purposes of the mint marketing order, "producer" shall include bailees who contract to produce or grow any agricultural product on behalf of a bailor who retains title to the essential oil and its resulting agricultural product or the agricultural product delivered for further production or increase.

"Affected unit" means one pound of mint oil as distilled from mint plants grown by an affected producer.

"Commercial quantity" means all of the mint plants produced in any calendar year by any producer, from which the essential oil is distilled or extracted.

"Department" means the department of agriculture of the state of Washington.

"Director" means the director of agriculture of the state of Washington or the director's duly appointed representative.

"Disclosure" means inspection or copying.

"Marketing season" or "fiscal year" means the 12-month period beginning with July 1st of any year and ending with the last day of June, both dates being inclusive.

"Mint commodity board" hereinafter referred to as "board" or "commission" means the commodity board formed under WAC 16-540-020.

"Mint oil" means essential oil that is distilled from any variety of mint plant.

"Producer-handler" means any person who acts both as a "producer" and as a "handler" with respect to mint oil. A producer-handler shall be deemed to be a producer with respect to the mint plants and/or oil which they produce, and a handler with respect to the mint oil which they handle, including those produced by themselves.

"Public records" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the department regardless of physical form or characteristics.

"Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter or trade.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 25-03-141, s 16-540-010, filed 1/22/25, effective 2/22/25. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-034, § 16-540-010, filed 2/8/17, effective 3/11/17. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-09-013, § 16-540-010, filed 4/8/05, effective 5/9/05. Article I, § A, filed 12/20/66, effective 2/1/67.

Wash. Admin. Code § 16-540-020 The mint commodity board.

(1) Administration. The provisions of this order and the applicable provisions of the act shall be administered and enforced by the board as the designee of the director.

(2) Board membership.

(a) The board shall consist of eight members. Seven members shall be affected producers appointed or elected as provided in this marketing order. The director shall appoint one member of the board who is neither an affected producer nor an affected handler to represent the director. The position representing the director shall be a voting member.

(i) Director-appointed affected producer positions on the board shall be designated as position 1, position 2, position 6, and position 7.

(ii) Elected affected producer positions on the board shall be designated as position 3, position 4, and position 5.

(iii) The position representing the director who is neither an affected producer nor an affected handler shall be designated as position 8.

(b) For the purpose of nomination, appointment, and election of affected producer members of the board, the affected area of the state of Washington shall be divided into two representative districts as follows:

(i) District I shall have four board members, being positions 1, 2, 3 and 4 and shall include the counties of Kittitas, Yakima and Benton.

(ii) District II shall have three board members, being positions 5, 6 and 7 and shall include all other counties located in the state of Washington.

(3) Board membership qualifications.

(a) The affected producer members of the board must be practical producers of mint plants in the district in and for which they are nominated and appointed or elected and each shall be a citizen and resident of the state of Washington, over the age of 18 years. Each affected producer board member must be and have been actually engaged in producing mint plants within the state of Washington for a period of five years and has during that time derived a substantial portion of their income therefrom and is not engaged in business, directly or indirectly, as a handler or other dealer.

(b) The qualifications of members of the board must continue during their term of office.

(4) Term of office.

(a) The term of office for members of the board shall be three years, and one-third of the membership as nearly as possible shall be appointed or elected each year.

(b) The term of office for the initial board members shall be as follows:

Positions one and two - One year

Positions three, four and eight - Two years

Positions five, six and seven - Three years

(c) Except for the director's representative, no appointed or elected member of the board may serve more than two full consecutive three-year terms.

(d) To accomplish the transition to a commodity board structure where the director appoints a majority of the board members, the names of the currently elected board members in positions one, two, six and seven shall be forwarded to the director for appointment within 30 days of the effective date of this amended marketing order.

(5) Nomination of elected or director-appointed board members.

(a) For the purpose of nominating candidates for appointment or election to board membership the director shall call separate meetings of affected producers.

(b) Each year the director shall call a nomination meeting for both elected and director-appointed affected producer board members in those districts whose board members' term are about to expire. The meeting shall be held at least 30 days in advance of the date set by the director for the election or advisory vote of board members.

(c) Notice of a nomination meeting shall be published in a newspaper of general circulation within the affected district not less than 10 days in advance of the date of the meeting and in addition, written notice of every such meeting shall be given to all affected producers within such affected district according to the list maintained by the board pursuant to RCW 15.65.295.

(d) Nonreceipt of notice by any interested person shall not invalidate the proceedings at such nomination meeting.

(e) Any qualified affected producer may be nominated orally for membership on the board at the nomination meeting. Nominations may also be made within five days after the nomination meeting by written petition filed with the director signed by not less than five affected producers.

(f) When only one nominee is nominated by the affected producers for any position, RCW 15.65.250 shall apply.

(6) Election or advisory vote of board members.

(a) An election or advisory vote shall be conducted by secret ballot under the supervision of the director within the month of June. Each affected producer shall be entitled to one vote.

(b) Elected affected producer members of the board shall be elected by a majority of the votes cast by the affected producers within the affected district. If a nominee does not receive a majority of the votes on the first ballot a run-off election shall be held by mail in a similar manner between the two candidates for such position receiving the largest number of votes.

(c) An advisory vote shall be conducted for affected producer board members appointed by the director under the provisions of RCW 15.65.243. The names of the two candidates receiving the most votes in the advisory vote shall be forwarded to the director for potential appointment to the board. In the event there are only two candidates nominated for a board position, an advisory vote may not be held and the candidates' names shall be forwarded to the director for potential appointment.

(d) Notice of every election or advisory vote for board membership shall be published in a newspaper of general circulation within the affected district not less than 10 days in advance of the date of the election or advisory vote. Not less than 10 days prior to every election or advisory vote for board membership, the director shall mail a ballot of the candidates to each affected producer entitled to vote whose name appears upon the list of such affected producers maintained by the board pursuant to RCW 15.65.295. Any other affected producer entitled to vote may obtain a ballot by application to the director upon establishing their qualifications.

(e) Nonreceipt of a ballot by an affected producer shall not invalidate the election or advisory vote of any board member.

(7) Vacancies.

(a) In the event of a vacancy on the board in an elected position, the remaining members shall select a qualified person to fill the unexpired term. The appointment shall be made at the board's first or second meeting after the position becomes vacant.

(b) In the event of a vacancy in a director-appointed position, the position shall be filled as specified in RCW 15.65.270.

(8) Quorum. A majority of the members shall constitute a quorum for the transaction of all business and the carrying out of all duties of the board.

(10) Powers and duties of the board. The board shall have the following powers and duties:

(a) To administer, enforce and control the provisions of this order as the designee of the director.

(b) To elect a chairman and such other officers as the board deems advisable.

(e) To reimburse any applicant who has deposited money with the director in order to defray the costs of formulating the order.

(f) To establish a "mint board revolving fund" and such fund to be deposited in a bank or banks or financial institution or institutions, approved for the deposit of state funds, in which all money received by the board, except as the amount of petty cash for each day's needs, not to exceed $100, shall be deposited each day or as often during the day as advisable.

(g) To keep or cause to be kept in accordance with accepted standards of good accounting practice, accurate records of all assessments, collections, receipts, deposits, withdrawals, disbursements, paid outs, moneys and other financial transactions made and done pursuant to this order. Such records, books and accounts shall be audited subject to procedures and methods lawfully prescribed by the state auditor. Such books and accounts shall be closed as of the last day of each fiscal year of the commission. A copy of such audit shall be delivered within 30 days after the completion thereof to the governor, the director, the state auditor and the board.

(i) To prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of the order during each fiscal year. The board, at least 60 days prior to the beginning of its fiscal year, shall prepare and submit to the director for approval its research plan, its commodity-related education and training plan, and its budget.

(k) To adopt rules of a technical or administrative nature for the operation of the board, subject to the provisions of chapter 34.04 RCW (Administrative Procedure Act).

(o) To work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes provided in this order.

(p) To enter into contracts or interagency agreements with any private or public agency, whether federal, state, or local. Personal service contracts must comply with chapter 39.29 RCW.

(q) To accept and expend or retain any gifts, bequests, contributions, or grants from private persons or private and public agencies.

(r) To enter into contract or agreements for research in the production, irrigation, processing, transportation, marketing, use, or distribution of mint.

(s) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of the commission. The retention of a private attorney is subject to review by the office of the attorney general.

(t) To engage in appropriate fund-raising activities for the purpose of supporting activities authorized by this order.

(u) To participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, irrigation, manufacture, regulation, transportation, distribution, sale, or use of mint including activities authorized under RCW 42.17.190, including the reporting of those activities to the public disclosure commission.

(v) To maintain a list of the names and addresses of affected producers that may be compiled from information used to collect assessments under the provisions of this marketing order and data on the value of each affected producer's production for a minimum three-year period pursuant to RCW 15.65.280.

(w) To maintain a list of the names and addresses of persons who handle mint within the affected area and data on the amount and value of the mint handled for a minimum three-year period by each person pursuant to RCW 15.65.280.

(x) To maintain a list of the names and addresses of all affected persons who produce mint and the amount, by unit, of mint produced during the past three years pursuant to RCW 15.65.295.

(y) To maintain a list of all persons who handle mint and the amount of mint handled by each person during the past three years pursuant to RCW 15.65.295.

(z) To establish a foundation using commission funds as grant money for the purposes established in this marketing order.

(aa) To carry out any other grant of authority or duty provided designees and not specifically set forth in this section.

(11) Procedures for board.

(a) The board shall hold regular meetings, at least quarterly, with the time and date thereof to be fixed by resolution of the board and the meetings shall be held in accordance with chapter 42.30 RCW (Open Public Meetings Act). Notice of the time and place of regular meetings shall be published on or before January of each year in the Washington State Register. Notice of any change to the meeting schedule shall be published in the state register at least 20 days prior to the rescheduled meeting date.

(b) The board shall hold an annual meeting, at which time an annual report will be presented. The proposed budget shall be presented for discussion at the meeting. Notice of the annual meeting shall be given by the board at least 10 days prior to the meeting through regular wire news services and radio-television press.

(c) The board shall establish by resolution, the time, place and manner of calling special meetings with reasonable notice to the members: Provided, That the notice to a member of any special meeting may be waived by a waiver from that member of the board. Notice for special meetings shall be in compliance with chapter 42.30 RCW.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 25-03-141, s 16-540-020, filed 1/22/25, effective 2/22/25. Statutory Authority: RCW 15.65.047. WSR 19-12-103, § 16-540-020, filed 6/5/19, effective 7/6/19. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-09-013, § 16-540-020, filed 4/8/05, effective 5/9/05. Article II, §§ A-K, filed 12/20/66, effective 2/1/67.

Wash. Admin. Code § 16-540-040 Assessments and collections.

(1) Assessments.

(a) The fixed annual assessment on all varieties of mint oil subject to this marketing order shall be five cents per pound of oil as weighed by first purchaser until June 30, 2012. Effective July 1, 2012, the fixed annual assessment shall be nine cents per pound of oil as weighed by first purchaser.

(b) First purchasers shall collect assessments at time of payment for oil, from producers whose production they handle and remit the same to the board in accordance with procedures adopted by the board. Producers and producer-handlers who ship their oil direct to handlers outside of the state of Washington shall remit assessments to the board at time of shipment.

(2) Collections. Any moneys collected or received by the board pursuant to the provisions of this order during or with respect to any season or year may be refunded on a pro rata basis at the close of the season or year or at the close of such longer period as the board determines to be reasonably adapted to effectuate the declared policies of this act and the purposes of the marketing order to all persons from whom moneys were collected or received, or may be carried over into and used with respect to the next succeeding season, year or period whenever the board finds that the same will tend to effectuate the policies and purposes.

(3) Penalties. Any due and payable assessment herein levied in such specified amount as may be determined by the board pursuant to the provisions of the act and this order, shall constitute a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the board when payment is called for by it. In the event any person fails to pay the board the full amount of the assessment or such other sum on or before the date due, the board may, and is hereby authorized to add to such unpaid assessment or sum an amount not exceeding ten percent of the unpaid assessment to defray the cost of enforcing the collecting of it. In the event of failure of a person or persons to pay any due and payable assessment or other sum, the board may bring a civil action against the person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent, and the action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

History

Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 12-02-042, § 16-540-040, filed 12/30/11, effective 1/30/12. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-09-013, § 16-540-040, filed 4/8/05, effective 5/9/05. Statutory Authority: RCW 15.65.050. WSR 96-03-150 (Order 5091), § 16-540-040, filed 1/24/96, effective 2/24/96. Statutory Authority: Chapter 15.65 RCW. WSR 84-10-046 (Order 1823), § 16-540-040, filed 5/2/84
Order 1406, § 16-540-040, filed 7/23/75
Article IV, §§ A-C, filed 12/20/66, effective 2/1/67.

Wash. Admin. Code § 16-540-050 Obligations of the board.

Obligations incurred by the board or employee or agent thereof pertaining to their performance or nonperformance or misperformance of any matters or things authorized, required or permitted by them by the act or this order, and any other liabilities or claims against them or any of them shall be enforced in the same manner as if the whole organization under the order were a corporation. No liability for the debts or actions of the board, employee or agent incurred in their official capacity under this order shall exist either against the board, officers, employees and/or agents in their individual capacity, nor against the state of Washington or any subdivision or instrumentality thereof nor against any other organization, administrator or board (or employee or agent thereof) established pursuant to this act or the assets thereof. The board, and its agents and employees, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either commission or omission, as principal, agent, person or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other board, member of the board, or other person. The liability of the members of the board shall be several and not joint and no member shall be liable for the default of any other member.

History

Article V, § A, filed 12/20/66, effective 2/1/67.

Wash. Admin. Code § 16-540-060 Termination of the order.

Termination shall be accomplished pursuant to RCW 15.65.183 through 15.65.193.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-09-013, § 16-540-060, filed 4/8/05, effective 5/9/05. Article VI, § A, filed 12/20/66, effective 2/1/67.

Wash. Admin. Code § 16-540-080 Separability.

History

Article VIII, § A, filed 12/20/66, effective 2/1/67.

Wash. Admin. Code § 16-540-110 Time and procedure for reporting and remitting assessments.

Each first purchaser shall file a report on or before the 20th of each month covering mint oil purchased during the preceding month. Assessment reports shall contain the following information: Name and mailing address of first purchaser filing the report; name, mailing address, pounds of oil, and total assessment withheld for each producer from whom mint oil was purchased during the reporting period; total pounds of oil reported and total assessment remitted.

History

Order 1, § 16-540-110, filed 3/9/70.

Wash. Admin. Code § 16-540-115 Description of commission, address and telephone number of the Washington mint commission.

Headquartered in Kennewick at 6601 W. Deschutes Ave., Suite C-2, Kennewick, WA 99336, the Washington mint commission serves Washington mint producers by supporting the mint industry in the area of research. The telephone number is 509-585-5460.

History

Statutory Authority: RCW 15.65.050 and chapter 34.05 RCW. WSR 19-02-063, § 16-540-115, filed 12/28/18, effective 1/28/19. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-034, § 16-540-115, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-540-120 Public records officer.

(2) The name of the commission's current public records officer is on file with the office of the code reviser in accordance with RCW 42.56.580 and is published in the Washington State Register.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-034, § 16-540-120, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-540-125 Request for public records.

(1) All requests for disclosure of public records must be submitted in writing directly to the commission's public records officer by mail to Washington Mint Commission, 6601 W. Deschutes Ave., Suite C-2, Kennewick, WA 99336. The request may also be submitted by fax to 509-585-2671 or by email to: shanej@agmgt.com. The written request must include:

(a) The name, address and telephone number or other contact information of the person requesting the records;

(b) The calendar date on which the request is made; and

(a) Public records made available for inspection may not be removed from the area the commission makes available for inspection;

(b) Inspection of any public record will be conducted in the presence of the public records officer or designee;

History

Statutory Authority: RCW 15.65.050 and chapter 34.05 RCW. WSR 19-02-063, § 16-540-125, filed 12/28/18, effective 1/28/19. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-034, § 16-540-125, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-540-130 Response to public records requests.

(1) The public records officer shall respond to public records requests within five business days by:

(a) Making the records available for inspection or copying;

(b) Providing a link or address for a record available on the internet under RCW 42.56.520;

(c) Acknowledging receipt of the request and providing a reasonable estimate of the time the commission will require to respond to the request;

(d) Sending the copies to the requestor if copies are requested and payment of a deposit for the copies is made or terms of payment have been agreed upon; or

(2) Additional time to respond to the request may be based upon the need to:

(a) Clarify the intent of the request;

(b) Locate and assemble the information requested;

(d) Determine whether any of the information requested is exempt from disclosure and that a denial should be made as to all or part of the request.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-034, § 16-540-130, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-540-135 Fees—Inspection and copying.

(1) No fee will be charged for the inspection of public records.

(3) The commission may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120. For all copying or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable within fifteen days of receipt of invoice payable to the Washington state mint commission. The commission may require that all charges be paid in advance of release of the copies of the records.

(4) The commission or its designee may waive any of the foregoing copying costs.

History

Statutory Authority: Chapters 42.56 and 34.05 RCW. WSR 18-06-096, § 16-540-135, filed 3/7/18, effective 4/7/18. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-034, § 16-540-135, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-540-140 Exemptions.

(1) Production or sales records required to determine assessment levels and actual assessment payments to the commission under chapter 15.65 RCW (reference RCW 42.56.380(3)).

(2) Financial and commercial information and records supplied by persons:

(a) To the commission for the purpose of conducting a referendum for the establishment of the commission; or

(b) To the commission under chapter 15.65 RCW with respect to domestic or export marketing activities or individual producer's production information (reference 42.56.380(5)).

(3) Lists of individuals requested for commercial purposes (reference RCW 42.56.070(9)).

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-034, § 16-540-140, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-540-145 Review of denial of public records requests.

(4) Any person may obtain court review of a denial of a public records request under RCW 42.56.550.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-034, § 16-540-145, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-540-150 Records index.

The commission shall establish a records index, which shall be made available for public review. The index includes the following records:

(1) Commission authorizing statute;

(2) Commission marketing order;

(3) Minutes of commission meetings;

(4) Commission board roster; and

(5) List of research projects.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-034, § 16-540-150, filed 2/8/17, effective 3/11/17.

Chapter 16-545 Turfgrass seed commission.

Wash. Admin. Code § 16-545-005 Marketing order for Washington turfgrass seed—Policy statement.

(1) The production of turfgrass seed within this state is in the public interest. It is vital to the continued economic well-being of the citizens of this state and their general welfare that its turfgrass seed be properly promoted by:

(a) Enabling producers of turfgrass seed to help themselves in establishing orderly, fair, sound, efficient, and unhampered grading and standardizing of the turfgrass seed they produce; and

(b) Working towards stabilizing the agricultural industry by sustaining production of turfgrass seed within the state, the nation, and internationally.

(2) It is in the overriding public interest that support for the turfgrass seed industry be clearly expressed, that adequate protection be given to the industry and its activities and operations, and that turfgrass seed be promoted individually and as part of a comprehensive agricultural industry to:

(a) Enhance the reputation and image of Washington state's turfgrass seed.

(b) Protect the public by educating the public in reference to the quality, care, and methods used in the production of Washington state's turfgrass seed.

(c) Support and engage in programs or activities that benefit the planting, production, and harvesting of turfgrass seed produced in Washington state.

(d) Support and engage in programs or activities that benefit the use of turfgrass seed by-products in Washington state.

(3) The director is authorized to implement, administer, and enforce chapter 15.65 RCW through the adoption of this marketing order.

(4) The Washington state turfgrass seed commodity board exists primarily for the benefit of the people of the state of Washington and its economy, and with oversight by the director, the board is authorized to speak on behalf of Washington state government with regard to turfgrass seed under the provisions of this marketing order.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 04-22-073, § 16-545-005, filed 11/1/04, effective 12/2/04.

Wash. Admin. Code § 16-545-006 Marketing order purposes.

This marketing order is to promote the general welfare of the state and for the purpose of maintaining existing markets or creating new or larger local, domestic, and foreign markets; or increasing production efficiency of turfgrass seed in Washington state. The Washington state turfgrass seed commodity board is designated by the director to conduct the following programs in accordance with chapter 15.65 RCW:

To execute the purposes of the order, the board shall provide for a program in one or more of the following areas:

(1) Provide for research in the production, processing, irrigation, transportation, handling, or distribution of turfgrass seed and expend the necessary funds for the purposes.

(2) Provide for collection and dissemination of information pertaining to turfgrass seed and turfgrass seed by-products, including programs to market and promote turfgrass seed produced in Washington.

(3) Establish and conduct programs to develop markets for turfgrass seed by-products.

History

Statutory Authority: RCW 15.65.047, 15.65.050, and chapter 34.05 RCW. WSR 16-19-046, § 16-545-006, filed 9/15/16, effective 10/16/16. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 04-22-073, § 16-545-006, filed 11/1/04, effective 12/2/04.

Wash. Admin. Code § 16-545-010 Definitions.

"Act" means the Washington State Agriculture Commodity Boards Act or chapter 15.65 RCW.

"Affected area" or "production area" means that portion of the state of Washington located east of the summit of the Cascade Mountains.

"Affected handler" means any person who acts as principal or agent or otherwise in processing, selling, marketing or distributing turfgrass seed not produced by the handler and shall include any lending agencies for a commodity credit corporation loan to producers. "Handler" does not include a common carrier used to transport an agricultural commodity. "To handle" means to act as a handler.

"Affected producer" means any person who produces, or causes to be produced, in commercial quantities, turfgrass seed in the state of Washington.

"Affected unit" means one pound net pay weight of turfgrass seed.

"Commercial quantity" means all the turfgrass seed produced for sale in any calendar year by any producer.

"Department" means the department of agriculture of the state of Washington.

"Director" means the director of agriculture of the state of Washington or the director's duly appointed representative.

"Disclosure" means inspection or copying.

"Marketing season" or "fiscal year" means the twelve-month period beginning on June 1st of any year and ending with the last day of May, both dates being inclusive.

"Producer-handler" is both a "producer" and a "handler" with respect to turfgrass seed and is covered by this order as a producer when engaged in the business of producing turfgrass seed or a handler when engaged in processing, selling, marketing or distributing turfgrass seed. "To produce" means to act as a producer. For the purposes of the turfgrass seed marketing order, "producer" shall include bailees who contract to produce or grow any agricultural product on behalf of a bailor who retains title to the turfgrass seed and its resulting agricultural product or the agricultural product delivered for further production or increase.

"Sell" includes offer for sale, expose for sale, and have in possession for sale, exchange, barter or trade.

"Turfgrass seed" means Kentucky bluegrass, perennial ryegrass, tall fescue, hard fescue, slender fescue, and creeping red fescue. Forage fescue and reclamation grass seed are excluded from this order.

"Turfgrass seed by-products" means turfgrass seed straw and screenings.

"Turfgrass seed commodity board" referred to as "board" or "commission" means the turfgrass seed commodity board formed under WAC 16-545-020.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-037, § 16-545-010, filed 2/8/17, effective 3/11/17. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 04-22-073, § 16-545-010, filed 11/1/04, effective 12/2/04. Statutory Authority: RCW 15.65.050. WSR 99-02-064, § 16-545-010, filed 1/6/99, effective 2/6/99.

Wash. Admin. Code § 16-545-015 Turfgrass seed districts.

(1) District 1 consists of Asotin, Chelan, Columbia, Douglas, Ferry, Garfield, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, and Whitman counties.

(2) District 2 consists of Adams, Benton, Franklin, Grant, Kittitas, Klickitat, Lincoln, and Yakima counties.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 23-16-119, § 16-545-015, filed 8/1/23, effective 9/1/23. Statutory Authority: RCW 15.65.047, 15.65.050, and chapter 34.05 RCW. WSR 16-19-046, § 16-545-015, filed 9/15/16, effective 10/16/16. Statutory Authority: RCW 15.65.050. WSR 99-02-064, § 16-545-015, filed 1/6/99, effective 2/6/99.

Wash. Admin. Code § 16-545-020 Turfgrass seed board.

(1) Administration. The provisions of this order and the applicable provisions of the act is administered and enforced by the board as the designee of the director.

(2) Board membership.

(a) The board consists of seven voting members numbered positions one through seven.

(b) Except as otherwise provided by this chapter, each district has the following positions represented:

District 1 – Positions one and two.

District 2 – Positions three and four.

(c) Position five represents the district with the highest reported value of production of turfgrass seed the previous three years.

(d) Position six is a handler appointed by the appointed or elected producer members of the board.

(e) Position seven represents and is appointed by the director.

(3) Board membership qualifications.

(a) Positions one through five.

(i) Except as otherwise provided by this chapter, board members in positions one through five must be practical producers of turfgrass seed in the district in and for which they are nominated, appointed, or elected and each shall be a citizen and resident of the state, over the age of 18 years. Each producer board member must be and have been actually engaged in producing turfgrass seed within the state of Washington for a period of three years and has during that time derived a substantial portion of their income therefrom and who is not engaged in business as a handler or other dealer.

(ii) If any district has fewer than three practical producers of turfgrass seed or if no nominations are made for a district, that district's position is deemed "at large" for that term of office and may be filled by a producer of turfgrass seed in another district who meets all membership qualifications. This provision does not apply to position five.

(b) The board member in position six must be a practical handler of turfgrass seed and must be a citizen and resident of the state, over the age of 18 years. The handler board member must be and have been, either individually or as an officer or an employee of a corporation, firm, partnership, association or cooperative actually engaged in handling turfgrass seed within the state of Washington for a period of five years and has during that period derived a substantial portion of their income therefrom.

(d) The qualifications of members of the board must continue during their term of office.

(4) Term of office. The term of office for members of the board is three years. One-third of the membership as nearly as possible must be appointed or elected each year.

(5) Nomination of elected or director-appointed board members.

(a) Each year the director shall call a nomination meeting for elected and/or director-appointed producer board members in those districts whose board members term is about to expire. The meeting(s) must be held at least 30 days in advance of the date set by the director for the election or advisory vote of board members.

(b) Notice of a nomination meeting must be published in a newspaper of general circulation within the affected district at least 10 days in advance of the date of the meeting and in addition, written notice of every meeting must be given to all affected producers within the affected district according to the list maintained by the board pursuant to RCW 15.65.295.

(d) Any qualified affected producer may be nominated orally for membership on the board at the nomination meetings. Nominations may also be made within five days after the meeting by written petition filed with the director, signed by at least five affected producers.

(e) When only one nominee is nominated by the affected producers for an elected and/or director-appointed position, RCW 15.65.250 shall apply.

(f) If the board moves and the director approves that the nomination meeting procedure be deleted, the director shall give notice of the open board position(s) by mail to all affected producers. Nominating petitions for producers must be signed by at least five affected producers of the district from which the candidate will be appointed or elected. The final date for filing nominations must be at least 20 days after the notice was mailed.

(6) Election or advisory vote of board members.

(a) An election or advisory vote shall be conducted by secret ballot under the supervision of the director within the month of January. Each affected producer shall be entitled to one vote.

(b) Elected members of the board must be elected by a majority of the votes cast by the affected producers within the affected district. If a nominee does not receive a majority of the votes on the first ballot a runoff election must be held by mail in a similar manner between the two candidates for the position receiving the largest number of votes.

(c) An advisory vote shall be conducted for producer board members appointed by the director under the provision of RCW 15.65.243. The names of the two candidates receiving the most votes in the advisory vote shall be forwarded to the director for potential appointment to the board. In the event there are only two candidates nominated for a board position, and advisory vote may not be held and the candidates' names shall be forwarded to the director for potential appointment.

(d) Notice of every election or advisory vote for board membership must be published in a newspaper of general circulation within the affected district at least 10 days in advance of the date of the election or advisory vote. At least 10 days before every election or advisory vote for board membership, the director shall mail a ballot of the candidates to each affected producer entitled to vote whose name appears upon the list of the affected producers maintained by the board pursuant to RCW 15.65.295. Any other affected producer entitled to vote may obtain a ballot by application to the director upon establishing their qualifications.

(e) Nonreceipt of a ballot by an affected producer will not invalidate the election or advisory vote of any board member.

(7) Vacancies.

(a) In the event of a vacancy on the board in an elected or commission-appointed position, the remaining members shall select a qualified person to fill the unexpired term. The appointment shall be made at the board's first or second meeting after the position becomes vacant.

(b) In the event of a vacancy in a director-appointed position, the position shall be filled as specified in RCW 15.65.270.

(8) Quorum. A majority of the members is a quorum for the transaction of all business and to execute the duties of the board.

(9) Board compensation. No member of the board will receive any salary or other compensation, but each member may be compensated for each day in actual attendance at or traveling to and from meetings of the board or on special assignment for the board, in accordance with RCW 43.03.230 together with travel expenses in accordance with RCW 43.03.050 and 43.03.060. The board may adopt by resolution provisions for reimbursement of actual travel expenses incurred by members and employees of the board in carrying out the provisions of this marketing order pursuant to RCW 15.65.270.

(10) Powers and duties of the board. The board shall have the following powers and duties:

(a) To administer, enforce and control the provisions of this order as the designee of the director.

(b) To elect a chairman and other officers as the board deems advisable.

(c) To employ and discharge at its discretion the personnel, including attorneys engaged in the private practice of law subject to the approval and supervision of the attorney general, as the board determines are necessary and proper to execute the purpose of the order and effectuate the declared policies of the act.

(d) To pay only from moneys collected as assessments or advances thereon the costs arising in connection with the formulation, issuance, administration and enforcement of the order. The expenses and costs may be paid by check; draft or voucher in the form and the manner and upon the signature of the person as the board may prescribe.

(e) To reimburse any applicant who has deposited money with the director to defray the costs of formulating the order.

(f) To establish a "turfgrass seed board marketing revolving fund" and to deposit the fund in a bank or banks or financial institution or institutions, approved for the deposit of state funds, in which all money received by the board, except as the amount of petty cash for each day's needs, not to exceed $100, shall be deposited each day or as often during the day as advisable.

(g) To keep or cause to be kept in accordance with accepted standards of good accounting practice accurate records of all assessments, collections, receipts, deposits, withdrawals, disbursements, paid outs, moneys and other financial transactions made and done under this order. The records, books and accounts must be audited at least once every five years subject to procedures and methods lawfully prescribed by the state auditor. The books and accounts must be closed as of the last day of each fiscal year of the commission. A copy of the audit shall be delivered within 30 days after completion to the governor, the director, the state auditor and the board.

(h) To require a bond of all board members and employees of the board in a position of trust in the amount the board may deem necessary. The board must pay the premium for the bond or bonds from assessments collected. The bond may not be necessary if any blanket bond covering officials or employees of the state of Washington covers any board member or employee.

(j) To establish by resolution a headquarters, which shall continue unless, changed by the board. All records, books and minutes of board meetings must be kept at the headquarters.

(k) To adopt rules of a technical or administrative nature for the operation of the board, under chapter 34.05 RCW (Administrative Procedure Act).

(l) To execute RCW 15.65.510 covering the obtaining of information necessary to effectuate the order and the act, along with the necessary authority and procedure for obtaining the information.

(n) To confer with and cooperate with the legally constituted authorities of other states and of the United States to obtaining uniformity in the administration of federal and state marketing regulations, licenses, agreements or orders.

(o) To execute any other grant of authority or duty provided designees and not specifically set forth in this section.

(p) To sue or be sued.

(q) To work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes provided in this order.

(r) To enter into contracts or interagency agreements with any private or public agency, whether federal, state, or local.

(s) To accept and expend or retain any gifts, bequests, contributions, or grants from private persons or private and public agencies.

(t) To enter into contracts or agreements for research in the production, irrigation, and transportation of turfgrass seed.

(u) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of the commission. The retention of a private attorney is subject to review by the office of attorney general.

(v) To engage in appropriate fund-raising activities for the purpose of supporting activities authorized by this order.

(w) To participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, irrigation, manufacture, regulation, and transportation of turfgrass seed including activities authorized under RCW 42.17.190, including the reporting of those activities to the public disclosure commission.

(x) To maintain a list of the names and addresses of affected producers that may be compiled from information used to collect assessments under the provisions of this marketing order and data on the value of each producer's production for a minimum three-year period pursuant to RCW 15.65.280.

(y) To maintain a list of the names and addresses of persons who handle turfgrass seed within the affected area and data on the amount and value of the turfgrass seed handled for a minimum three-year period by each person pursuant to RCW 15.65.280.

(z) To maintain a list of names and addresses of all affected persons who produce turfgrass seed and the amount, by unit, of turfgrass seed produced during the past three years pursuant to RCW 15.65.295.

(aa) To maintain a list of all persons who handle turfgrass seed and the amount of turfgrass seed handled by each person during the past three years pursuant to RCW 15.65.295.

(bb) To establish a foundation using commission funds as grant money for the purposes established in this marketing order.

(11) Procedures for board.

(a) The board shall hold regular meetings, at least quarterly, with the time and date fixed by resolution of the board and held in accordance with chapter 42.30 RCW (Open Public Meetings Act). Notice of the time and place of regular meetings shall be published on or before January of each year in the Washington State Register. Notice of any change to the meeting schedule shall be published in the state register at least 20 days prior to the rescheduled meeting date.

(b) The board shall hold an annual meeting, at which time an annual report will be presented. The proposed budget must be presented for discussion at the meeting. Notice of the annual meeting must be filed in accordance with chapter 42.30 RCW (Open Public Meetings Act). Notice of the annual meeting must be given at least 10 days prior to the meeting by written notice to each producer and by notifying the regular news media.

(c) The board shall establish by resolution the time, place, and manner of calling special meetings of the board with 24 hours written notice to the members. A board member may waive in writing their notice of any special meeting. Notice for special meetings shall be in compliance with chapter 42.30 RCW.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 25-03-142, s 16-545-020, filed 1/22/25, effective 2/22/25. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 23-16-119, § 16-545-020, filed 8/1/23, effective 9/1/23
WSR 18-13-015, § 16-545-020, filed 6/7/18, effective 7/8/18. Statutory Authority: RCW 15.65.047, 15.65.050, and chapter 34.05 RCW. WSR 16-19-046, § 16-545-020, filed 9/15/16, effective 10/16/16. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 04-22-073, § 16-545-020, filed 11/1/04, effective 12/2/04. Statutory Authority: RCW 15.65.050. WSR 99-02-064, § 16-545-020, filed 1/6/99, effective 2/6/99.

Wash. Admin. Code § 16-545-040 Assessments and collections.

(1) Assessments. (a) The assessment on all varieties of turfgrass seed subject to this marketing order shall be 0.3 percent (three tenths of one percent) of the net receipts at the first point of sale and shall be deducted by the first purchaser from the price paid to the grower. The assessment shall be remitted to the commission board in accordance with procedures adopted by the commission board.

(b) The assessments shall not be payable on any turfgrass seed used by the affected producer on their premises for feed, seed and personal consumption.

(2) Collections. Excess moneys collected by the board under the order during the fiscal year may be carried over and used during the next successive fiscal year. The board may also recommend that excess moneys at the close of a fiscal year be refunded on a pro rata basis to the affected producers from whom the moneys were collected.

(3) Penalties. Any due and payable assessment levied in the specified amount as may be determined by the board under the act and the order, is a personal debt of the person assessed or who owes the debt, and it is due and payable to the board when payment is called for by the board. If a person fails to pay the board the full amount of the assessment by the date due, the board may add to the unpaid assessment or sum an amount not exceeding ten percent of the amount to defray the cost of enforcing the collecting the assessment. In the event of failure of the person or persons to pay the full amount due, the board may bring a civil action against the person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon, and the action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

History

Statutory Authority: RCW 15.65.050. WSR 99-02-064, § 16-545-040, filed 1/6/99, effective 2/6/99.

Wash. Admin. Code § 16-545-041 Time—Place—Method for payment and collection of assessments.

Effective with the growing season of 1999, the following procedure is established for the reporting and paying of assessments levied pursuant to RCW 15.65.410 and WAC 16-545-040:

(1) All first handlers of turfgrass seed grown in the state of Washington, or the person acting on behalf of a first buyer, shall withhold the amount of assessment from their remittance to growers of turfgrass seed and transmit it to the commission.

(2) All assessments will be due and payable to the commission within thirty days of collection. With the submission of the assessments, a report listing the name, address, volume handled or purchased and amount deducted or collected for each producer must be submitted to the commission on forms provided by or approved by the commission.

(3) Any assessments paid after the above deadlines shall be accompanied by an administrative fee of 10% in accordance with RCW 15.65.440 of the act.

History

Statutory Authority: RCW 15.65.050. WSR 99-02-064, § 16-545-041, filed 1/6/99, effective 2/6/99.

Wash. Admin. Code § 16-545-050 Obligations of the board.

Obligations incurred by the board or employee or agent pertaining to their performance or nonperformance or misperformance of any matters or things authorized, required or permitted them by the act or this order, and any other liabilities or claims against them or any of them shall be enforced in the same manner as if the whole organization under the order were a corporation. No liability for the debts or actions of the board, employee or agent incurred in their official capacity under this order shall exist either against the board, officers, employees or agents in their individual capacity, nor against the state of Washington or any subdivision or instrumentality thereof nor against any other organization, administrator or board (or employee or agent) established under this act or the assets thereof. The board, and its agents and employees, shall not be held responsible individually in any way whatever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person or employee, except for their own individual acts of dishonesty or crime. No person or employee shall be held responsible individually for any act or omission of any other board, member of the board, or other person. The liability of the members of the board shall be several and not joint and no member shall be liable for the default of any other member.

History

Statutory Authority: RCW 15.65.050. WSR 99-02-064, § 16-545-050, filed 1/6/99, effective 2/6/99.

Wash. Admin. Code § 16-545-055 Description of commission, address and telephone number of the Washington turfgrass seed commission.

Headquartered in Kennewick at 6601 W. Deschutes Ave., Suite C-2, Kennewick, WA 99336, the Washington turfgrass seed commission serves Washington turfgrass seed producers by supporting the turfgrass seed industry in the areas of research and marketing. The telephone number is 509-585-5460.

History

Statutory Authority: RCW 15.65.050 and chapter 34.05 RCW. WSR 19-02-061, § 16-545-055, filed 12/28/18, effective 1/28/19. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-037, § 16-545-055, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-545-056 Public records officer.

(2) The name of the commission's current public records officer is on file with the office of the code reviser in accordance with RCW 42.56.580 and is published in the Washington State Register.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-037, § 16-545-056, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-545-057 Request for public records.

(1) All requests for disclosure of public records must be submitted in writing directly to the commission's public records officer by mail to Washington Turfgrass Seed Commission, 6601 W. Deschutes Ave., Suite C-2, Kennewick, WA 99336. The request may also be submitted by fax to 509-585-2671 or by email to: shanej@agmgt.com. The written request must include:

(a) The name, address and telephone number or other contact information of the person requesting the records;

(b) The calendar date on which the request is made; and

(a) Public records made available for inspection may not be removed from the area the commission makes available for inspection;

(b) Inspection of any public record will be conducted in the presence of the public records officer or designee;

History

Statutory Authority: RCW 15.65.050 and chapter 34.05 RCW. WSR 19-02-061, § 16-545-057, filed 12/28/18, effective 1/28/19. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-037, § 16-545-057, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-545-058 Response to public records requests.

(1) The public records officer shall respond to public records requests within five business days by:

(a) Making the records available for inspection or copying;

(b) Providing a link or address for a record available on the internet under RCW 42.56.520;

(c) Acknowledging receipt of the request and providing a reasonable estimate of the time the commission will require to respond to the request;

(d) Sending the copies to the requestor if copies are requested and payment of a deposit for the copies is made or terms of payment have been agreed upon; or

(2) Additional time to respond to the request may be based upon the need to:

(a) Clarify the intent of the request;

(b) Locate and assemble the information requested;

(d) Determine whether any of the information requested is exempt from disclosure and that a denial should be made as to all or part of the request.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-037, § 16-545-058, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-545-059 Fees—Inspection and copying.

(1) No fee will be charged for the inspection of public records.

(3) The commission may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120. For all copying or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable within fifteen days of receipt of invoice payable to the Washington turfgrass seed commission. The commission may require that all charges be paid in advance of release of the copies of the records.

(4) The commission or its designee may waive any of the foregoing copying costs.

History

Statutory Authority: Chapters 42.56 and 34.05 RCW. WSR 18-06-098, § 16-545-059, filed 3/7/18, effective 4/7/18. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-037, § 16-545-059, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-545-060 Exemptions.

(1) Production or sales records required to determine assessment levels and actual assessment payments to the commission under chapter 15.65 RCW (reference RCW 42.56.380(3)).

(2) Financial and commercial information and records supplied by persons:

(a) To the commission for the purpose of conducting a referendum for the establishment of the commission; or

(b) To the commission under chapter 15.65 RCW with respect to domestic or export marketing activities or individual producer's production information (reference 42.56.380(5)).

(3) Lists of individuals requested for commercial purposes (reference RCW 42.56.070(9)).

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-037, § 16-545-060, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-545-061 Review of denial of public records requests.

(4) Any person may obtain court review of a denial of a public records request under RCW 42.56.550.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-037, § 16-545-061, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-545-062 Records index.

The commission shall establish a records index, which shall be made available for public review. The index includes the following records:

(1) Commission authorizing statute;

(2) Commission marketing order;

(3) Minutes of commission meetings;

(4) Commission board roster; and

(5) List of research projects.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-037, § 16-545-062, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-545-080 Separability.

If any provisions of the order are declared invalid, or the applicability to any person, circumstances or thing is held invalid, the validity of the remainder provisions or of the applicability to any other person, circumstances or thing shall not be affected.

History

Statutory Authority: RCW 15.65.050. WSR 99-02-064, § 16-545-080, filed 1/6/99, effective 2/6/99.

Chapter 16-550 Blueberry.

Wash. Admin. Code § 16-550-005 Marketing order for Washington blueberries—Policy statement.

(1) The marketing of blueberries within this state is in the public interest. It is vital to the continued economic well-being of the citizens of this state and their general welfare that its blueberries be properly promoted by:

(a) Enabling producers of blueberries to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standardizing of the blueberries they produce; and

(b) Working towards stabilizing the agricultural industry by increasing consumption of blueberries within the state, the nation, and internationally.

(2) That it is in the overriding public interest that support for the blueberry industry be clearly expressed, that adequate protection be given to the industry and its activities and operations, and that blueberries be promoted individually and as part of a comprehensive agricultural industry to:

(a) Enhance the reputation and image of Washington state's blueberries.

(b) Increase the sale and use of Washington state's blueberries in local, domestic, and foreign markets.

(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production of Washington state's blueberries.

(d) Increase the knowledge of the health-giving qualities and dietetic value of Washington state's blueberries and products.

(e) Support and engage in programs or activities that benefit the planting, production, harvesting, handling, processing, marketing, and uses of blueberries produced in Washington state.

(3) The director is authorized to implement, administer, and enforce chapter 15.65 RCW through the adoption of this marketing order.

(4) The Washington state blueberry commodity board exists primarily for the benefit of the people of the state of Washington and its economy, and with oversight by the director, the board is authorized to speak on behalf of Washington state government with regard to blueberries under the provisions of this marketing order.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 06-17-078, § 16-550-005, filed 8/14/06, effective 9/14/06.

Wash. Admin. Code § 16-550-006 Marketing order purposes.

This marketing order is to promote the general welfare of the state and for the purpose of maintaining existing markets or creating new or larger local, domestic, and foreign markets; or increasing production efficiency, ensuring a fair regulatory environment; or increasing per capita consumption of blueberries in Washington state. The Washington state blueberry commodity board is designated by the director to conduct the following programs in accordance with chapter 15.65 RCW:

(1) To carry out the purposes of the order, the board may provide for a program in one or more of the following areas:

(a) Establish plans and conduct programs for marketing, sales, promotion and/or other programs for advertising, sales, promotion and/or other programs for maintaining present markets and/or creating new or larger markets for blueberries. Such programs shall be directed toward increasing the sale of blueberries without reference to any particular brand or trade name and shall neither make use of false or unwarranted claims in behalf of blueberries nor disparage the quality, value, sale or use of any other agricultural commodity. The board may also engage in cooperative efforts in the domestic or foreign marketing of blueberries.

(b) Provide for research in the production, processing, irrigation, transportation, handling, and/or marketing of blueberries and expend the necessary funds for such purposes. Insofar as practicable, research shall be carried on by experiment stations of Washington State University, but, if in the judgment of the board, said experiment stations do not have the facilities for a particular project or if some other research agency has better facilities therefor, the project may be carried out by other research agencies selected by the board.

(i) Establishing uniform labels and labeling requirements for blueberries or any products thereof, requiring producers, handlers and other persons to conform to standards for the placing of labels, trademarks, insignia or brands on containers or packages: Provided, That all licensed blueberry dealers and brokers are entitled to use on the face of their product any particular trademark, insignia, brand or label that they may now have or will have. That established brands, labels, trademarks or insignias may be properly used in selling or commercially disposing of blueberries and blueberry products or in offering the same for sale, advertising and/or delivering said blueberries or blueberry products;

(ii) Providing for inspection and enforcement to ascertain and effectuate compliance.

(d) The board may authorize use of any money received and of any persons employed thereunder for legal proceedings, of any type and in the name of any person, directed to enforcement of this or any other law in force in the state of Washington relating to the prevention of unfair trade practices.

(e) Conduct programs for the purpose of providing information and education including:

(i) Marketing information and services for producers of blueberries for the verification of grades, standards, weights, tests, and sampling of quality and quantity of blueberries purchased by handlers from affected producers.

(ii) Information and services enabling producers to meet their resource conservation objectives.

(iii) Blueberry-related education and training.

(f) Subject to the provisions of the act, provide information and communicate on matters pertaining to the production, irrigation, processing, transportation, marketing, or uses of blueberries produced in Washington state to any elected official or officer or employee of any agency.

(2) The director shall approve any plans, programs, and projects concerning:

(a) The establishment, issuance, effectuation, and administration of programs authorized under this section for advertising and promotion of blueberries.

(b) The establishment and effectuation of market research projects, market development projects, or both to the end that marketing and utilization of the affected commodity may be encouraged, expanded, improved, or made more efficient.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 06-17-078, § 16-550-006, filed 8/14/06, effective 9/14/06.

Wash. Admin. Code § 16-550-010 Definitions of terms.

(1) "Director" means the director of agriculture of the state of Washington or the director's duly appointed representative.

(2) "Department" means the department of agriculture of the state of Washington.

(3) "Act" means the Washington State Agricultural Commodity Boards Act or chapter 15.65 RCW.

(4) "Person" means any individual, firm, corporation, limited liability company, trust, association, partnership, society or any other organization of individuals, or any unit or agency of local or state government.

(5) "Affected producer" or "producer" means any person who produces blueberries in commercial quantities in the state of Washington, or who sells or stores blueberries in the state of Washington for fresh market or for processing. "To produce" means to act as a producer. For the purposes of the blueberry marketing order, "producer" shall include bailees who contract to produce or grow any agricultural product on behalf of a bailor who retains title to the seed and its resulting agricultural product or the agricultural product delivered for further production or increase.

(6) "Commercial quantity" means any blueberries produced, or stored, for a market by a producer in any calendar year.

(7) "Handler" means any person who acts as principal or agent or otherwise in processing, selling, marketing, storing, or distributing blueberries not produced by them. "Handler" does not include a common carrier used to transport an agricultural commodity. "To handle" means to act as a handler.

(8) "Blueberry commodity board" hereinafter referred to as "board" or "commission" means the commodity board formed under the provisions of WAC 16-550-020 of this blueberry order.

(9) "Blueberries" means and includes all kinds, varieties, and hybrids of "vaccinium corym bosum" and "vaccinium australe" grown and marketed in the state of Washington.

(10) "Marketing season" or "fiscal year" means the 12-month period beginning January 1st and ending December 31st, both dates being inclusive.

(11) "Producer-handler" means any person who acts both as a producer and as a handler with respect to blueberries. A producer-handler shall be deemed to be a producer with respect to the blueberries which they produce and a handler with respect to the blueberries which they handle, including those produced by themselves.

(12) "Affected area" means the state of Washington.

(13) "Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter or trade.

(14) "Affected unit" means one pound net of blueberries.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 25-03-143, s 16-550-010, filed 1/22/25, effective 2/22/25. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 06-17-078, § 16-550-010, filed 8/14/06, effective 9/14/06. Statutory Authority: RCW 15.65.020 and 15.65.140. WSR 91-01-054 (Order 2068), § 16-550-010, filed 12/13/90, effective 1/13/91
Order 1116, § 16-550-010, filed 5/14/69, effective 6/15/69.

Wash. Admin. Code § 16-550-020 Blueberry commodity board.

(1) Administration. The provisions of this order and the applicable provisions of the act shall be administered and enforced by the board as the designee of the director.

(2) Board membership.

(a) The board shall consist of seven members. Six members shall be affected producers appointed or elected as provided in this section. The director shall appoint one member of the board who is neither an affected producer nor a handler to represent the director. The position representing the director shall be a voting member.

(i) Director-appointed affected producer positions on the board shall be designated as positions two, four and six.

(ii) Elected affected producer positions on the board shall be designated as positions one, three and five.

(iii) The position representing the director who is neither an affected producer nor a handler shall be designated as position seven.

(b) For the purpose of nomination, appointment, and election of producer members of the board, the affected area shall be the entire state of Washington.

(3) Board membership qualifications. The producer members of the board must be practical producers of blueberries and each must be a citizen and resident of this state, over the age of 18 years. Each producer board member must be and have been actually engaged in producing blueberries within the state of Washington for a period of five years and has, during that time, derived a substantial portion of their income therefrom and is not engaged in business, directly or indirectly, as a handler or other dealer.

(4) Term of office.

(a) The term of office for members of the board shall be three years and one-third of the membership as nearly as possible shall be elected each year.

(b) Membership positions on the board shall be designated numerically; affected producers shall have positions one through six and the member representing the director position seven.

Positions one and two - Until June 30, 1970

Positions three and four - Until June 30, 1971

Positions five, six and seven - Until June 30, 1972

(d) To accomplish the transition to a commodity board structure where the director appoints a majority of the board members, the names of the currently elected board members in positions two, four and six shall be forwarded to the director for appointment within 30 days of the effective date of this amended marketing order.

(5) Nomination of elected or director-appointed board members.

(a) Each year the director shall call a nomination meeting for elected and/or director-appointed producer board members. The meeting(s) shall be held at least 30 days in advance of the date set by the director for the election or advisory vote of board members.

(b) Notice of a nomination meeting shall be published in a newspaper of general circulation within the major production area not less than 10 days in advance of the date of the meeting and, in addition, written notice of every meeting shall be given to all affected producers according to the list maintained by the board pursuant to RCW 15.65.295.

(d) Any qualified affected producer may be nominated orally for membership on the board at the nomination meeting(s). Nominations may also be made within five days after the nomination meeting by written petition filed with the director, signed by not less than five affected producers.

(e) When only one nominee is nominated by the affected producers for any position, RCW 15.65.250 shall apply.

(6) Election or advisory vote of board members.

(a) An election or advisory vote shall be conducted by secret ballot under the supervision of the director within the month of May. Each affected producer shall be entitled to one vote. Elected members of the board shall be elected by a majority of the votes cast by the affected producers.

(b) If a nominee does not receive a majority of the votes on the first ballot, a run-off election shall be held by mail in a similar manner between the two candidates for such position receiving the largest number of votes.

(c) An advisory vote shall be conducted for producer board members appointed by the director under the provisions of RCW 15.65.243. The names of the two candidates receiving the most votes in the advisory vote shall be forwarded to the director for potential appointment to the board. In the event there are only two candidates nominated for a board position, an advisory vote may not be held and the candidates' names shall be forwarded to the director for potential appointment.

(d) Notice of every election or advisory vote for board membership shall be published in a newspaper of general circulation within the major production area not less than 10 days in advance of the date of the election or advisory vote. Not less than 10 days prior to every election or advisory vote for board membership, the director shall mail a ballot of the candidates to each affected producer entitled to vote whose name appears upon the list of such affected producers maintained by the board pursuant to RCW 15.65.295. Any other affected producer entitled to vote may obtain a ballot by application to the director upon establishing their qualifications.

(e) Nonreceipt of a ballot by any affected producer shall not invalidate the election or advisory vote of any board member.

(7) Vacancies.

(b) In the event of a vacancy in a director-appointed position, the position shall be filled as specified in RCW 15.65.270.

(8) Quorum. A majority of the members shall constitute a quorum for the transaction of all business and the carrying out of all duties of the board.

(9) Board compensation. No member of the board shall receive any salary except that each member may be compensated in accordance with RCW 43.03.230 and shall be reimbursed for subsistence, lodging, and mileage in accordance with RCW 43.03.050 and 43.03.060, as provided for in RCW 15.65.270. The board may adopt, by resolution, provisions for reimbursement of actual travel expenses incurred by members and employees of the board in carrying out the provisions of this marketing order pursuant to RCW 15.65.270.

(10) Powers and duties of the board. The board shall have the following powers and duties:

(a) To administer, enforce and control the provisions of this order as the designee of the director.

(b) To elect a chairman and such other officers as the board deems advisable.

(e) To reimburse any applicant who has deposited with the director in order to defray the costs of formulating the order.

(f) To establish a "blueberry board marketing revolving fund" and the fund to be deposited in a bank or banks or financial institution or institutions, approved for the deposit of state funds, in which all money received by the board except as the amount of petty cash for each day's needs, not to exceed $100, shall be deposited each day or as often during the day as advisable.

(g) To keep or cause to be kept in accordance with accepted standards of good accounting practice, accurate records of all assessments, paid outs, moneys and other financial transactions made and done pursuant to this order. Records, books and accounts shall be audited at least every five years subject to procedures and methods lawfully prescribed by the state auditor. Books and accounts shall be closed as of the last day of each fiscal year of the state of Washington. A copy of such audit shall be delivered within 30 days after the completion thereof to the governor, the director, the state auditor and the board.

(h) To require a bond of all board members and employees of the board in a position of trust in the amount the board shall deem necessary. The premium for a bond or bonds shall be paid by the board from assessments collected. A bond shall not be necessary if any board member or employee is covered by any blanket bond covering officials or employees of the state of Washington.

(i) To prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of the order during each fiscal year. At least 30 days prior to the beginning of its fiscal year, the board shall prepare and submit to the director for approval its research plan, its commodity-related education and training plan, and its budget.

(k) To adopt rules of a technical or administrative nature for the operation of the board, subject to the provisions of chapter 34.04 RCW (Administrative Procedure Act).

(o) To work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes provided in this order.

(p) To enter into contracts or interagency agreements with any private or public agency, whether federal, state, or local. Personal service contracts must comply with chapter 39.29 RCW.

(q) To accept and expend or retain any gifts, bequests, contributions, or grants from private persons or private and public agencies.

(r) To enter into contracts or agreements for research in the production, irrigation, processing, transportation, marketing, use, or distribution of blueberries.

(t) To engage in appropriate fund-raising activities for the purpose of supporting activities authorized by this order.

(u) To participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, irrigation, manufacture, regulation, transportation, distribution, sale, or use of blueberries including activities authorized under RCW 42.17.190, including the reporting of those activities to the public disclosure commission.

(v) To maintain a list of the names and addresses of affected producers that may be compiled from information used to collect assessments under the provisions of this marketing order and data on the value of each affected producer's production for a minimum three-year period pursuant to RCW 15.65.280.

(w) To maintain a list of the names and addresses of persons who handle blueberries within the affected area and data on the amount and value of the blueberries handled for a minimum three-year period by each person pursuant to RCW 15.65.280.

(x) To maintain a list of names and addresses of all affected persons who produce blueberries and the amount, by unit, of blueberries produced during the past three years pursuant to RCW 15.65.295.

(y) To maintain a list of all persons who handle blueberries and the amount of blueberries handled by each person during the past three years pursuant to RCW 15.65.295.

(z) To establish a foundation using commission funds as grant money for the purposes established in this marketing order.

(aa) To carry out any other grant of authority or duty provided designees and not specifically set forth in this section.

(11) Procedures for board.

(c) The board shall establish by resolution, the time, place and manner of calling special meetings of the board with reasonable notice to the members: Provided, That the notice to a member of any special meeting may be waived by a waiver thereof from that member of the board. Notice for special meetings shall be in compliance with chapter 42.30 RCW.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 25-03-143, s 16-550-020, filed 1/22/25, effective 2/22/25. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 06-17-078, § 16-550-020, filed 8/14/06, effective 9/14/06. Statutory Authority: RCW 15.65.050. WSR 00-10-022, § 16-550-020, filed 4/24/00, effective 5/25/00. Statutory Authority: RCW 15.65.380. WSR 89-12-054 (Order 002), § 16-550-020, filed 6/6/89
Order 1116, § 16-550-020, filed 5/14/69, effective 6/15/69.

Wash. Admin. Code § 16-550-040 Assessments and collections.

(1) Assessments.

(a) The annual assessment on all varieties of blueberries shall be four-tenths of a cent per affected unit (pound).

(b) For the purpose of collecting assessments, the board may:

(i) Require handlers to collect producer assessments from producers whose production they handle, and remit the same to the board; or

(ii) Require the person subject to the assessment to give adequate assurance or security for its payment.

(c) Subsequent to the first sale no affected units shall be transported, carried, shipped, sold, marketed, or otherwise handled or disposed of until every due and payable assessment herein provided for has been paid and the receipt issued. The foregoing shall include all affected units shipped or sold, both inside and outside the state.

(2) Collections. Any moneys collected or received by the board pursuant to the provisions of this order during or with respect to any season or year, may be refunded on a pro rata basis at the close of the season or year or at the close of a longer period as the board determines to be reasonably adapted to effectuate the declared policies of this act and the purposes of this marketing order, to all persons from whom moneys were collected or received or may be carried over into and used with respect to the next succeeding season, year or period whenever the board finds that the same will tend to effectuate the policies and purposes.

(3) Penalties. Any due and payable assessment herein levied in a specified amount as may be determined by the board pursuant to the provisions of the act and the order, shall constitute a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the board when payment is called for by it. In the event any person fails to pay the board the full amount of the assessment or other sum on or before the date due, the board may, and is hereby authorized, to add to the unpaid assessment or sum an amount not exceeding ten percent of the unpaid assessment to defray the cost of enforcing the collecting of it. In the event of failure of a person or persons to pay any due and payable assessment or other sum, the board may bring a civil action against the person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent, and the action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 06-17-078, § 16-550-040, filed 8/14/06, effective 9/14/06. Statutory Authority: Chapter 15.65 RCW. WSR 01-05-047, § 16-550-040, filed 2/15/01, effective 3/18/01. Statutory Authority: RCW 15.65.020 and 15.65.140. WSR 91-01-054 (Order 2068), § 16-550-040, filed 12/13/90, effective 1/13/91. Statutory Authority: Chapter 15.65 RCW. WSR 79-01-046 (Order 1594), § 16-550-040, filed 12/21/78
Order 1116, § 16-550-040, filed 5/14/69, effective 6/15/69.

Wash. Admin. Code § 16-550-050 Obligations of the board.

Obligations incurred by the board or employee or agent, thereof pertaining to their performance or nonperformance or misperformance of any matters or things authorized, required or permitted them by the act or this order, and any other liabilities or claims against them or any of them shall be enforced in the same manner as if the whole organization under the order were a corporation. No liability for the debts or actions of the board, employee or agent incurred in their official capacity under this order shall exist either against the board, officers, employees and/or agents in their individual capacity, nor against the state of Washington or any subdivision or instrumentality thereof nor against any other organization, administrator or board (or employee or agent thereof) established pursuant to this act or the assets thereof. The board, and its agents and employees, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other board, member of the board, or other person. The liability of the members of the board shall be several and not joint and no member shall be liable for the default of any other member.

History

Order 1116, § 16-550-050, filed 5/14/69, effective 6/15/69.

Wash. Admin. Code § 16-550-060 Termination of the order.

Termination shall be accomplished pursuant to RCW 15.65.183 through 15.65.193.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 06-17-078, § 16-550-060, filed 8/14/06, effective 9/14/06
Order 1116, § 16-550-060, filed 5/14/69, effective 6/15/69.

Wash. Admin. Code § 16-550-070 Effective time.

This marketing order for blueberries shall become effective on and after June 15, 1969.

History

Order 1116, § 16-550-070, filed 5/14/69, effective 6/15/69.

Wash. Admin. Code § 16-550-080 Separability.

History

Order 1116, § 16-550-080, filed 5/14/69, effective 6/15/69.

Wash. Admin. Code § 16-550-500 Time, place, method for payment and collection of assessments.

Effective with the growing season of 1969, the following procedure is established for the reporting and paying assessments levied pursuant to section RCW 15.65.410 and WAC 16-550-040:

(1) All first handlers of blueberries for resale or for processing shall withhold the amount of the assessment from their remittances to growers and transmit same to the commission.

(2) All growers selling blueberries other than to first handlers for resale or processing, whether selling direct or through brokers, and including all sales at retail, shall pay the assessment directly to the commission.

(3) All growers having blueberries in cold storage that are not sold on October 31 of each year, shall compute the assessment due on such berries and pay same to the commission.

(4) All assessments for the crop year are due and payable to the commission on or before October 31 of each year.

(5) Any assessments paid on or after December 1 shall be accompanied with a penalty fee of 10% as provided in RCW 15.65.440 of the act.

History

Order 1, § 16-550-500, filed 7/10/69.

Chapter 16-557 Washington asparagus commission.

Wash. Admin. Code § 16-557-010 Definition of terms.

For the purpose of this marketing order:

"Act" means the Washington Agricultural Enabling Act of 1961 or chapter 15.65 RCW.

"Affected area" means the entire state of Washington.

"Affected handler" means both affected handler fresh and affected handler processor.

"Affected handler, fresh" means any person who acts as principal or agent or otherwise in selling, marketing, or distributing fresh asparagus not produced by them.

"Affected handler, processor" means any person who acts as principal or agent or otherwise in processing, freezing asparagus, and selling, marketing, or distributing said processed or frozen asparagus, not produced by them.

"Affected producer" means any person who produces in the state of Washington asparagus in commercial quantities for fresh market, for processing, or for sale to processors.

"Affected unit" means one pound net pay weight of asparagus.

"Asparagus" means and includes all kinds, varieties, and hybrids of "officinalis" Linn.

"Asparagus commodity board," hereinafter referred to as "board," means the commodity board formed under the provisions of WAC 16-557-020.

"Commercial quantity" means any asparagus produced for market in quantities of three tons (6,000 pounds) or more, in any calendar year.

"Department" means the department of agriculture of the state of Washington.

"Director" means the director of agriculture of the state of Washington or the director's duly appointed representative.

"Hosting" may include providing meals, refreshments, lodging, transportation, gifts of a nominal value, reasonable and customary entertainment, and normal incidental expenses at meetings or gatherings.

"Marketing season" or "fiscal year" means the 12-month period beginning with January 1st of any year and ending with the last day of December following, both dates being inclusive.

"Person" means any person, firm, association, or corporation.

"Promotional hosting" as used in these rules means the hosting of individuals and groups of individuals at meetings, meals, and gatherings for the purpose of cultivating trade relations and promoting sales of Washington grown asparagus.

"Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 25-05-101, s 16-557-010, filed 2/19/25, effective 3/22/25. Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 18-21-182, § 16-557-010, filed 10/24/18, effective 11/24/18. Statutory Authority: RCW 15.04.200, 15.65.280 and WAC 16-557-020. WSR 98-16-081, § 16-557-010, filed 8/5/98, effective 9/5/98. Statutory Authority: RCW 15.65.050 and chapter 15.65 RCW. WSR 91-09-003, § 16-557-010, filed 4/4/91, effective 5/5/91.

Wash. Admin. Code § 16-557-020 Asparagus commodity board.

(1) Administration. The provisions of this order and the applicable provisions of the act shall be administered and enforced by the board as the designee of the director.

(2) Board membership.

(a) The board shall consist of nine members. Six members shall be affected producers elected as provided in this section, one member shall be an affected handler, fresh, elected as provided in this section, one member shall be an affected handler processor, as provided in this section. The director shall appoint one member who is neither an affected producer nor a handler to represent the department and the public.

(b) Effective January 1, 2002, for the purpose of nomination and election of producer members of the board, the affected area shall be that portion of the state of Washington located east of the summit of the Cascade Mountains and shall be divided into three representative districts as follows:

(i) District I shall have two board members, being positions one and two, and shall be Benton, Kittitas, Klickitat, and Yakima counties and counties in western Washington.

(ii) District II shall have three board members, being positions three, four, and five, and shall include the counties of Adams, Columbia, Franklin, Grant, and Walla Walla counties and remaining counties in eastern Washington not in District I.

(iii) Position six will become an at large position in the state of Washington.

(3) Board membership qualifications.

(a) The affected producer members of the board shall be practical producers of asparagus and shall be citizens and residents of the state of Washington, must be at least 21 years of age, each of whom is and has been, either individually or as an officer or an employee of a corporation, firm, partnership, association, or cooperative, actually engaged in producing asparagus within the state of Washington for a period of five years and has, during that time, derived a substantial portion of their income therefrom.

(b) The affected handler member of the board shall be a practical handler of asparagus and shall be a citizen and resident of the state of Washington, who is and has been, either individually or as an officer or an employee of a corporation, firm, partnership association or cooperative actually engaged in handling asparagus within the state of Washington for a period of five years and has during that period derived a substantial portion of their income therefrom.

(4) Term of office.

(a) The term of office, for members of the board shall be three years, and one-third of the membership as nearly as possible shall be elected each year.

(b) Membership positions on the board shall be designated numerically; affected producers shall have positions one through six, affected handler member fresh product, position seven, affected handler member, processor, position eight, and the member appointed by the director, position nine.

(5) Nomination and election of board members. For the purpose of nominating candidates for election to board membership, the director shall call separate meetings of affected producers, affected handlers, fresh and affected handler processors. Each year the director shall call for nomination meetings in those districts whose board members' term is about to expire. Such meetings shall be held at least 30 days in advance of the date set by the director for the election of board members. Notice of every such meeting shall be published in a newspaper of general circulation within the affected area not less than 10 days in advance of the date of such meeting; and, in addition, written notice of every such meeting shall be given to all affected producers within the affected area and all affected handlers according to the list maintained by the director pursuant to RCW 15.65.200 of the act. Nonreceipt of notice by any interested person shall not invalidate the proceedings at such nomination meeting. Any qualified affected producer or affected handler may be nominated orally for membership on the board at such nomination meeting. Nominations may also be made within five days after any such meeting by written petition filed with the director, signed by not less than five affected producers or affected handlers. At the inception of this order, nominations may be made at the issuance hearing.

If the board moves and the director approves that the nomination meeting procedure be deleted, the director shall give notice of the vacancy by mail to all affected producers or handlers. Nominating petitions for producers shall be signed by not less than five affected producers of the district from which such a candidate will be elected. Nomination petitions for handlers, fresh and processed shall be signed by not less than three affected handlers. The final date for filing nominations which shall not be less than 20 days after the notice was mailed.

(6) Election of board members.

(a) Members of the board shall be elected by secret mail ballot within the month of November under the supervision of the director. Affected producer members of the board shall be elected by a majority of the votes cast by the affected producers within the affected district. Each affected producer within the affected district shall be entitled to one vote.

Affected handler, fresh, shall be elected by a majority of the votes cast by the affected handlers, fresh. Affected handler, processor, shall be elected by a majority of the votes cast by the affected handlers, processor.

(c) Notice of every election for board membership shall be published in a newspaper of general circulation within the affected area not less than 10 days in advance of the date of such election. Not less than 10 days prior to every election for board membership, the director shall mail a ballot of the candidates to each affected producer or affected handler entitled to vote whose name appears on the list of such affected producers and affected handler within the affected area maintained by the director in accordance with RCW 15.65.200. Any other affected producer or affected handler entitled to vote may obtain a ballot by application to the director upon establishing their qualifications. Nonreceipt of a ballot by any affected producer shall not invalidate the election of any board members.

(7) Vacancies prior to election. In the event of a vacancy on the board, the remaining members shall select a qualified person to fill the unexpired term.

(8) Quorum. A majority of the members shall constitute a quorum for the transaction of all business and the carrying out of all duties of the board.

(9) Board compensation. No member of the board shall receive any salary or other compensation, but each member may receive $35 or an amount as provided for in RCW 43.03.230 for each day in actual attendance at or traveling to and from meetings of the board or on special assignment for the board, together with travel expenses at the rates allowed state employees.

(10) Powers and duties of the board. The board shall have the following powers and duties:

(a) To administer, enforce, and control the provisions of this order as the designee of the director.

(b) To elect a chairman and such other officers as the board deems advisable.

(c) To employ and discharge at its discretion such personnel as the board determines necessary and proper to carry out the purpose of the order and effectuate the declared policies of the act.

(d) To pay only from moneys collected as assessments or advances thereon the costs arising in connection with the formulation, issuance, administration, and enforcement of the order. Such expenses and costs may be paid by check, draft, or voucher in such form and in such manner and upon the signature of the person as the board may prescribe.

(e) To reimburse any applicant who has deposited with the director in order to defray the costs of formulating the order.

(f) To establish an "asparagus board marketing revolving fund" and such fund to be deposited in a bank or banks or financial institution or institutions, approved for the deposit of state funds, in which all money received by the board, except for an amount of petty cash for each days' needs, not to exceed $50, shall be deposited daily.

(g) To keep or cause to be kept in accordance with accepted standards of good accounting practice, accurate records of all assessments, paid outs, moneys, and other financial transactions made and done pursuant to this order. Such records, books, and accounts shall be audited subject to procedures and methods lawfully prescribed by the state auditor. Such books and accounts shall be closed as of the last day of each fiscal year. A copy of such audit shall be delivered within 30 days after the completion thereof to the governor, the director, the state auditor, and the board.

(i) To prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of the order during each fiscal year.

(j) To establish by resolution, a headquarters which shall continue as such unless and until so changed by the board. All records, books, and minutes of board meetings shall be kept at such headquarters.

(k) To adopt rules and regulations of a technical or administrative nature, subject to the provisions of chapter 34.05 RCW (Administrative Procedure Act).

(l) To carry out the provisions of RCW 15.65.510 covering the obtaining of information necessary to effectuate the provisions of the order and the act.

(m) To bring actions or proceedings, upon joining the director as a party, for specific performance, restraint, injunction, or mandatory injunction against any person who violates or refuses to perform the obligations or duties imposed upon them by the act or the order.

(o) To carry out any other grant of authority or duty provided designees and not specifically set forth in this section.

(p) To authorize the members of a commodity board, or their agents or designees, to participate in federal or state hearings or other proceedings concerning regulation of the manufacture, distribution, sale, or use of any pesticide as defined by RCW 15.38.030(1) or any agricultural chemical which is of use or potential use in producing the affected commodity, and may authorize the expenditure of commission funds for this purpose.

(11) Procedures for board.

(a) The board shall hold regular meetings, at least quarterly, and such meetings shall be held in accordance with chapter 42.30 RCW (Open Public Meetings Act).

(b) The board shall hold an annual meeting, at which time an annual report will be presented. The budget shall be presented for discussion at the meeting. In addition to such notice as may be required by chapter 42.30 RCW, notice of the annual meeting shall be given by the board at least 10 days prior to the meeting by written notice to each producer, and handler and by regular news service.

(c) In accordance with RCW 42.30.080, the board shall establish by resolution, the time, place, and manner of calling special meetings of the board with reasonable notice to the members: Provided, that the notice of any special meeting may be waived by a waiver thereof by each member of the board.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 25-05-101, s 16-557-020, filed 2/19/25, effective 3/22/25. Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 18-21-182, § 16-557-020, filed 10/24/18, effective 11/24/18. Statutory Authority: Chapter 15.65 RCW. WSR 01-10-087, § 16-557-020, filed 5/1/01, effective 6/1/01. Statutory Authority: RCW 15.65.050 and Washington State Agricultural Enabling Act of 1961. WSR 95-17-116 (Order 5078), § 16-557-020, filed 8/23/95, effective 9/23/95. Statutory Authority: RCW 15.65.050 and chapter 15.65 RCW. WSR 91-09-003, § 16-557-020, filed 4/4/91, effective 5/5/91.

Wash. Admin. Code § 16-557-025 Rules for implementation of promotional hosting by the Washington asparagus commission.

The laws of section 1, chapter 26, Laws of 1985 (RCW 15.04.200) provide that agricultural commodity commissions shall adopt rules governing promotional hosting expenditures by agricultural commodity commission employees, agents, or commissioners. The rules governing promotional hosting expenditures for the Washington asparagus commission shall be as follows:

(a) Commissioners;

(b) Administrator;

(a) Name and position (if appropriate) of each person hosted;

(b) General purpose of the hosting;

(d) Location of the hosting;

(e) To whom payment was or will be made:

(f) Signature of person seeking payment or reimbursement.

(4) The chair of the commission, administrator, and/or treasurer are authorized to approve direct payment or reimbursements submitted in accordance with these rules.

(5) The following persons may be hosted when it is reasonably believed such hosting will cultivate trade relations and promote sales of Washington grown asparagus:

(a) An individual from private business, associations, commissions;

(b) Foreign government officials;

(d) The general public, at meetings and gatherings open to the general public;

(e) Commissioners and employees of the commission when their attendance at meetings, meals, and gatherings at which the persons described in (a) through (d) of this subsection are being hosted, will cultivate trade relations and promote sales of Washington grown asparagus;

(f) Spouses of the persons listed in (a), (b), (c), and (e) of this subsection when attendance of such spouse is customary and expected.

History

Statutory Authority: RCW 15.04.200, 15.65.280 and WAC 16-557-020. WSR 98-16-081, § 16-557-025, filed 8/5/98, effective 9/5/98.

Wash. Admin. Code § 16-557-030 Marketing order purposes.

The order is to promote the general welfare of the state, to enable producers of asparagus to help themselves establish orderly, fair, sound, efficient, unhampered marketing; facilitate cultural and harvesting improvements, and regulate unfair trade practices within the industry. To carry out the purposes of the order, the board may provide for a program in one or more of the following areas:

(1) Establish plans and conduct programs for advertising, sales, promotion, and/or other programs for maintaining present markets and/or creating new or larger markets for asparagus. Such programs shall be directed toward increasing the sale of asparagus without reference to any particular brand or trade name and shall neither make use of false or unwarranted claims in behalf of asparagus nor disparage the quality, value, sale, or use of any other agricultural commodity.

(2) Provide for research in the production, processing, and/or marketing of asparagus and expend the necessary funds for such purposes.

(3) Investigate and take necessary action to prevent unfair trade practices as set forth in RCW 15.65.340 and to correct where possible, trade practices which hinder marketing of Washington asparagus.

(4) Prohibit making or publishing false or misleading advertising. Such regulation may authorize uniform trade practices applicable to all similarly situated handlers and/or other persons.

History

Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 18-21-182, § 16-557-030, filed 10/24/18, effective 11/24/18. Statutory Authority: RCW 15.65.050 and chapter 15.65 RCW. WSR 91-09-003, § 16-557-030, filed 4/4/91, effective 5/5/91.

Wash. Admin. Code § 16-557-040 Assessments and collections.

(1) Assessments.

(a) The annual assessment on all varieties of asparagus shall be one percent of the gross receipts at first point of sale.

(b) For the purpose of collecting assessments, the board may:

(i) Require handlers to collect producer assessments from producers whose production they handle, and remit the same to the board; or

(ii) Require the person subject to the assessment to give adequate assurance or security for its payment.

(c) Subsequent to the first sale, no affected units shall be transported, carried, shipped, sold, marketed, or otherwise handled or disposed of until every due and payable assessment herein provided for has been paid and the receipt issued. The foregoing shall include all affected units shipped, or sold, both inside and outside the state.

(2) Collections. Any moneys collected or received by the board pursuant to the provisions of the order during or with respect to any season or year, may be refunded on a pro rata basis at the close of such season or year or at the close of such longer period as the board determines to be reasonably adapted to effectuate the declared policies of this act and the purposes of such marketing agreement or order, to all persons from whom such moneys were collected or received or may be carried over into and used with respect to the next succeeding season, year, or period whenever the board finds that the same will tend to effectuate such policies and purposes.

(3) Remedies. Any due and payable assessment herein levied in such specified amount as may be determined by the board pursuant to the provisions of the act and the order, shall constitute a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the board when payment is called for by it. In the event any person fails to pay the board the full amount of such assessment or such other sum on or before the date due, the board may, and is hereby authorized to, add to such unpaid assessment or sum an amount not exceeding ten percent of the same to defray the cost of enforcing the collecting of the same. In the event of failure of such person or persons to pay any such due and payable assessment or other such sum, the board may bring a civil action against such person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

History

Statutory Authority: RCW 15.65.050 and chapter 15.65 RCW. WSR 91-09-003, § 16-557-040, filed 4/4/91, effective 5/5/91.

Wash. Admin. Code § 16-557-041 Time—Place—Method for payment and collection of assessments.

Effective with the growing season of 1991, the following procedure is established for the reporting and paying of assessments levied pursuant to RCW 15.65.410 and WAC 16-557-040:

(1) All first handlers of asparagus for resale or for processing shall withhold the amount of the assessment from their remittance to growers and transmit same to the commission. All such assessments accumulated will be due and payable to the commission by the end of August. With the submission of the assessments, a report listing the name, address, pounds handled or purchased, and amount deducted or collected for each producer shall be submitted to the commission on forms provided by the commission.

(2) All growers selling asparagus other than to first handlers for resale or processing, whether selling direct or through brokers, and including all sales at retail, shall pay the assessment directly to the commission, within thirty days of sale of such product.

(3) Any assessments not paid by September 30th shall be accompanied by an administrative fee of 10% as provided in RCW 15.65.440 of the act.

History

Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 18-21-182, § 16-557-041, filed 10/24/18, effective 11/24/18. Statutory Authority: RCW 15.65.050 and chapter 15.65 RCW. WSR 91-09-003, § 16-557-041, filed 4/4/91, effective 5/5/91.

Wash. Admin. Code § 16-557-050 Obligations of the board.

Obligations incurred by the board or employee or agent thereof pertaining to their performance or nonperformance or misperformance of any matters or things authorized, required, or permitted them by the act or this order, and any other liabilities or claims against them or any of them shall be enforced in the same manner as if the whole organization under the order were a corporation. No liability for the debts or actions of the board, employee, or agent incurred in their official capacity under this order shall exist either against the board, officers, employees, and/or agents in their individual capacity, nor against the state of Washington or any subdivision or instrumentality thereof nor against any other organization, administrator, or board (or employee or agent thereof) established pursuant to this act or the assets thereof. The board, and its agents and employees, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other board, member of the board, or other person. The liability of the members of the board shall be several and not joint and no member shall be liable for the default of any other member.

History

Statutory Authority: RCW 15.65.050 and chapter 15.65 RCW. WSR 91-09-003, § 16-557-050, filed 4/4/91, effective 5/5/91.

Wash. Admin. Code § 16-557-060 Termination of the order.

The order shall be terminated if the director finds that 51 percent by numbers and 51 percent by volume of production of the affected producers favor or assent to such dissolution. The director may ascertain without compliance with RCW 15.65.050 through 15.65.130 of the act whether such termination is so assented to or favored whenever 20 percent by numbers and 20 percent by volume of production of the affected producers file written application with the director for such termination. The termination shall not, however, become effective until the expiration of the marketing season.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 25-05-101, s 16-557-060, filed 2/19/25, effective 3/22/25. Statutory Authority: RCW 15.65.050 and chapter 15.65 RCW. WSR 91-09-003, § 16-557-060, filed 4/4/91, effective 5/5/91.

Wash. Admin. Code § 16-557-070 Effective time.

The marketing order for asparagus shall become effective on April 1, 1991.

History

Statutory Authority: RCW 15.65.050 and chapter 15.65 RCW. WSR 91-09-003, § 16-557-070, filed 4/4/91, effective 5/5/91.

Wash. Admin. Code § 16-557-080 Separability.

History

Statutory Authority: RCW 15.65.050 and chapter 15.65 RCW. WSR 91-09-003, § 16-557-080, filed 4/4/91, effective 5/5/91.

Wash. Admin. Code § 16-557-090 Public records officer.

History

Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 18-21-182, § 16-557-090, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-557-095 Requests for public records.

(1) All requests for disclosure of public records must be submitted in writing directly to the commission's public records officer by mail at Washington Asparagus Commission, 2621 Ringold Road, Eltopia, WA 99330. The written request should include:

(a) The name of the person requesting the record and the person's contact information;

(b) The calendar date on which the request is made;

(a) Public records made available for inspection may not be removed from the area the commission makes available for inspection.

(b) Inspection of any public record will be conducted in the presence of the public records officer or designee.

(3) Public records may not be marked or altered in any manner during inspection.

(4) The commission has the discretion to designate the means and the location for the inspection of records. The viewing of those records that require specialized equipment shall be limited to the availability of that equipment located at the commission office and the availability of authorized staff to operate that equipment.

History

Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 18-21-182, § 16-557-095, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-557-100 Response to public records request.

(1) The public records officer shall respond to public records requests within five business days by:

(a) Providing the record;

(b) Providing a link or address for a record available on the internet under RCW 42.56.520;

(c) Acknowledging receipt of the request and providing a reasonable estimate of the time the commission will require to respond to the request; or

(d) Denying the public records request. Responses refusing in whole or in part the inspection of a public record shall include a statement of the specific exemption authorizing the withholding of the record (or any part) and a brief explanation of how the exemption applies to the record(s) withheld or to any redactions in records produced.

(2) Additional time to respond to the request may be based upon the need to:

(a) Clarify the intent of the request;

(b) Locate and assemble the information requested;

(d) Determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.

History

Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 18-21-182, § 16-557-100, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-557-105 Fees—Inspection and copying.

(1) No fee shall be charged for the inspection of public records.

(2) Pursuant to RCW 42.56.120(2) the commission declares for the following reasons that it would be unduly burdensome for it to calculate the actual costs it charges for providing copies of public records: Funds were not allocated for performing a study to calculate actual costs and the commission lacks the necessary funds to perform a study and calculations; staff resources are insufficient to perform a study and to calculate such actual costs; and a study would interfere with and disrupt other essential agency functions.

(3) The commission may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120. For all copying or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable to the Washington asparagus commission within fifteen days of receipt. The commission may require that all charges be paid in advance of release of the copies of the records.

(4) The commission or its designee may waive any of the foregoing copying costs.

History

Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 18-21-182, § 16-557-105, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-557-110 Exemptions.

(1) Production or sales records required to determine assessment levels and actual assessment payments to the commission under chapter 16.67 RCW (reference RCW 42.56.380(3)).

(2) Financial and commercial information and records supplied by persons:

(a) To the commission for the purpose of conducting a referendum for the establishment of the commission; or

(b) To the commission under chapter 15.65 RCW, with respect to domestic or export marketing activities or individual producer's production information (reference RCW 42.56.380(5)).

(3) Lists of individuals requested for commercial purposes (reference RCW 42.56.070(9)).

History

Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 18-21-182, § 16-557-110, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-557-115 Review of denials of public records requests.

(4) Any person may obtain court review of a denial of a public records request under RCW 42.56.550.

History

Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 18-21-182, § 16-557-115, filed 10/24/18, effective 11/24/18.

Wash. Admin. Code § 16-557-120 Records index.

The commission shall establish a records index, which shall be made available for public review.

History

Statutory Authority: RCW 15.65.047, 42.56.040 and chapter 34.05 RCW. WSR 18-21-182, § 16-557-120, filed 10/24/18, effective 11/24/18.

Chapter 16-560 Washington tree fruit research commission.

Wash. Admin. Code § 16-560-005 Authority and purpose.

These rules are promulgated by the Washington tree fruit research commission pursuant to the authority granted by chapter 15.26 RCW and in accordance with procedures required under chapter 1-12 WAC. The purpose of administrative rules and regulations adopted under this chapter is to administer and carry out the provisions of chapter 15.26 RCW, tree fruit research act, and chapter 42.56 RCW, Public Records Act.

History

Statutory Authority: Chapters 42.56 and 34.05 RCW. WSR 20-03-036, § 16-560-005, filed 1/8/20, effective 2/8/20
Order 4, § 16-560-005, filed 4/30/70
Emergency Order 3, filed 3/11/70. Formerly WAC 16-560-010 (part).

Wash. Admin. Code § 16-560-006 Definitions.

"Commission" means the Washington tree fruit research commission.

"Disclosure" means inspection or copying.

History

Statutory Authority: Chapters 42.56 and 34.05 RCW. WSR 20-03-036, § 16-560-006, filed 1/8/20, effective 2/8/20.

Wash. Admin. Code § 16-560-010 Withholding assessments by first handler.

All dealers, handlers, or processors who purchase commercial tree fruit from a producer for sale, processing, or shipment anywhere, shall withhold the assessment due and payable the Washington tree fruit research commission by producers of such commercial tree fruit unless adequate evidence is supplied by such producer that payment of the assessment has been or will have been made directly by themselves. The first handler is responsible for payment of the research assessment, but they shall charge the same against the producer, who is finally responsible for such assessment. A producer who transports their own fruit or fruit on consignment to fresh market is deemed to be a first handler.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 25-05-102, s 16-560-010, filed 2/19/25, effective 3/22/25
Order 4, § 16-560-010, filed 4/30/70
Emergency Order 3, filed 3/11/70
Order 2, § 16-560-010, Regulations 1, 2, 3, filed 9/26/69.

Wash. Admin. Code § 16-560-020 Payment of assessment by first handler.

All first handlers shall remit such assessment to the Washington state apple advertising commission, when such assessment has been withheld for apples, and such remittance shall be made in the same manner and time as assessments due the said Washington state apple advertising commission for apple advertising assessments; and to the Washington state fruit commission, when such assessment has been withheld for any other tree fruit, including winter pears, and such remittance shall be made in the same manner and time as assessments due the said Washington state fruit commission.

History

Order 4, § 16-560-020, filed 4/30/70
Emergency Order 3, filed 3/11/70. Formerly WAC 16-560-010 (part).

Wash. Admin. Code § 16-560-030 Collection and remittance of assessments on processing apples.

The Washington state apple advertising commission is hereby designated to collect assessments due and payable to the Washington tree fruit research commission on processing apples as defined in RCW 15.24.010(6). The Washington tree fruit research commission will prescribe the official form to be used by the Washington apple advertising commission and all dealers, handlers and processors handling processing apples in the collection and payment of such assessments. The Washington state apple advertising commission shall determine the manner and time of payment of such assessments in conformance with its system of assessment collections. The remittance of such assessments collected on processing apples shall be made by the Washington apple advertising commission to the Washington tree fruit research commission, in conformance with WAC 16-560-050.

History

Order 4, § 16-560-030, filed 4/30/70
Emergency Order 3, filed 3/11/70. Formerly WAC 16-560-010 (part).

Wash. Admin. Code § 16-560-040 Collection of assessments by state department of agriculture.

The Washington state department of agriculture may upon request of the Washington tree fruit research commission collect any or all assessments due and payable to the Washington tree fruit research commission.

History

Order 4, § 16-560-040, filed 4/30/70
Emergency Order 3, filed 3/11/70. Formerly WAC 16-560-010 (part).

Wash. Admin. Code § 16-560-050 Payments to tree fruit research commission.

All assessments collected by the Washington state apple advertising commission, the Washington state fruit commission, and the Washington state department of agriculture shall be paid to the Washington tree fruit research commission within thirty days of such collection.

History

Order 4, § 16-560-050, filed 4/30/70
Emergency Order 3, filed 3/11/70. Formerly WAC 16-560-010 (part).

Wash. Admin. Code § 16-560-060 Reports of dealer, handler, and processor.

Every dealer, handler, and processor shall annually, within 30 days following each August 31st, file with the Washington tree fruit research commission a report, under oath, on forms prescribed and furnished by said commission, stating the quantity of apples covered by the provisions of the Tree Fruit Research Act handled, shipped or processed by them during the 12-month period immediately preceding said August 31st. Said return shall in addition identify each person from whom said apples were received and the amount of apples furnished by each said person. All said returns shall be submitted directly to the Washington state apple advertising commission as the designated agent for audit and collection of assessments levied on apples pursuant to the provisions of the Tree Fruit Research Act. The above is to conform with RCW 15.26.190.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 25-05-102, s 16-560-060, filed 2/19/25, effective 3/22/25
Order 4, § 16-560-060, filed 7/17/72.

Wash. Admin. Code § 16-560-06001 Assessment rates.

(1) There is hereby levied on all commercial tree fruit produced in this state or held out as being produced in this state for fresh or processing use, an assessment of one dollar per ton on all such tree fruit: Provided, That such assessment for cherries shall be four dollars per ton.

(2) There is hereby established pursuant to RCW 15.26.155 an additional assessment for an industry services fund for programs related to sanitation, planting, production, harvesting, handling, processing and shipping. The assessment shall be set annually by the commission, upon approval of two-thirds of the voting members of the commission, to create and maintain this fund at or near one hundred thousand dollars. If this fund should inadvertently exceed one hundred thousand dollars due to larger crops than estimated or the addition of interest earned, the excess shall be credited to the following year's fund.

In consideration of maintaining this industry services fund, the commission shall annually consult with the affected industry and grower organizations.

(3) There is hereby established on all commercial tree fruit produced in this state or held out as being produced in the state for fresh or processing use, an additional assessment pursuant to RCW 15.26.150 of four dollars per ton on cherries and one dollar per ton on all other such tree fruit as approved by referendum vote of affected producers, the results of which shall be retained on file in the board's administrative office. This additional assessment shall be expended on a specific crop in proportion to the assessment collected for the specific crop. The additional assessment shall be imposed beginning in the 2012 crop year and be in effect until the total collection for all crops reaches thirty-two million dollars but in no case will be in effect for more than eight crop years. If thirty-two million dollars in additional assessment is collected in less than eight crop years, this additional assessment will expire at the end of the crop year and no further additional assessment will be collected in the subsequent crop years.

(4) The referendum for additional assessment under subsection (3) of this section having failed with regard to cherries and stone fruit, there is hereby established on all commercial stone fruit and cherries produced in this state or held out as being produced in the state for fresh or processing use, an additional assessment pursuant to RCW 15.26.150 to add to the fund established under subsection (3) of this section. This additional assessment shall be expended on a specific crop in proportion to the assessment collected for the specific crop. The additional assessment for stone fruit and cherries shall be one dollar per ton on stone fruit and four dollars per ton on cherries as approved by referendum vote of affected producers. If approved, the cherry and stone fruit assessment shall begin in the 2013 crop year. The cherry assessment shall continue in effect until the 2021 crop year or until the total collection for cherries reaches five million dollars or until the total collection for all crops reaches its maximum amount as defined under subsection (3) of this section, whichever comes first. The stone fruit assessment shall continue in effect until the 2021 crop year or until the total collection for stone fruit reaches two hundred seventy-five thousand dollars or until the total collection for all crops reaches its maximum amount under subsection (3) of this section, whichever comes first. The board shall retain the results of the referendum on file in the board's administrative office.

History

Statutory Authority: Chapters 15.26 and 34.05 RCW. WSR 13-05-059, § 16-560-06001, filed 2/15/13, effective 3/18/13
WSR 11-21-011, § 16-560-06001, filed 10/7/11, effective 11/7/11. Statutory Authority: RCW 15.26.110(2). WSR 96-07-054, § 16-560-06001, filed 3/19/96, effective 4/19/96. Statutory Authority: RCW 15.26.140 and 15.26.150. WSR 92-01-009, § 16-560-06001, filed 12/5/91, effective 1/5/92. Statutory Authority: RCW 15.26.155. WSR 86-14-066 (Order 8, Resolution No. 8), § 16-560-06001, filed 6/30/86, effective 8/1/86
WSR 85-10-005 (Order 7, Resolution No. 7), § 16-560-06001, filed 4/19/85. Statutory Authority: RCW 15.26.140. WSR 80-05-091 (Order 6, Resolution No. 6), § 16-560-06001, filed 5/1/80
Order 5, § 16-560-060 (codified as WAC 16-560-06001), filed 3/8/74.

Wash. Admin. Code § 16-560-070 Public records officer.

History

Statutory Authority: Chapters 42.56 and 34.05 RCW. WSR 20-03-036, § 16-560-070, filed 1/8/20, effective 2/8/20.

Wash. Admin. Code § 16-560-080 Requests for public records.

(1) All requests for disclosure of public records must be submitted in writing directly to the commission's public records officer by mail at 1719 Springwater Avenue, Wenatchee, WA 98801, or by email at kathy@treefruitresearch.com. The written request should include:

(a) The name of the person requesting the record and their contact information;

(b) The calendar date on which the request is made; and

(a) Public records made available for inspection may not be removed from the area the commission makes available for inspection.

(b) Inspection of any public record will be conducted in the presence of the public records officer or designee.

(d) The commission has the discretion to designate the means and the location for the inspection of records. The viewing of those records that require specialized equipment shall be limited to the availability of that equipment located at the commission office and the availability of authorized staff to operate that equipment.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 25-05-102, s 16-560-080, filed 2/19/25, effective 3/22/25. Statutory Authority: Chapters 42.56 and 34.05 RCW. WSR 20-03-036, § 16-560-080, filed 1/8/20, effective 2/8/20.

Wash. Admin. Code § 16-560-090 Response to public records requests.

(1) The public records officer shall respond to public records requests within five business days by:

(a) Providing the record;

(b) Providing a link or address for a record available on the internet under RCW 42.56.520;

(c) Acknowledging receipt of the request and providing a reasonable estimate of the time the commission will require to respond to the request; or

(d) Denying the public record request. Responses refusing in whole or in part the inspection of a public record shall include a statement of the specific exemption authorizing the withholding of the record (or any part) and a brief explanation of how the exemption applies to the records withheld or to any redactions in records produced.

(2) Additional time to respond to the request may be based upon the need to:

(a) Clarify the intent of the request;

(b) Locate and assemble the information requested;

(d) Determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.

History

Statutory Authority: Chapters 42.56 and 34.05 RCW. WSR 20-03-036, § 16-560-090, filed 1/8/20, effective 2/8/20.

Wash. Admin. Code § 16-560-100 Fees—Inspection and copying.

(1) No fee shall be charged for the inspection of public records.

(a) Funds were not allocated for performing a study to calculate actual costs and the commission lacks the necessary funds to perform a study and calculations;

(b) Staff resources are insufficient to perform a study and to calculate such actual costs; and

(3) The commission may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120.

(4) For all copying or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable within fifteen days of receipt of invoice payable to the Washington tree fruit research commission. The commission may require that all charges be paid in advance of release of the copies of the records.

(5) The commission or its designee may waive the fee when the expenses of processing payment exceeds the costs of providing copies.

History

Statutory Authority: Chapters 42.56 and 34.05 RCW. WSR 20-03-036, § 16-560-100, filed 1/8/20, effective 2/8/20.

Wash. Admin. Code § 16-560-105 Processing of public records requests—Electronic records.

(1) The process for requesting electronic public records is the same as for requesting paper public records.

(2) Providing electronic records:

(a) The commission has the discretion to determine whether to provide records electronically or in paper form.

(b) When a requestor requests records in an electronic format, the public records officer will endeavor to provide the nonexempt records or portions of such records that are reasonably locatable in an electronic format that is used by the commission and is generally commercially available, or in a format that is reasonably translatable from the format in which the commission keeps the record.

History

Statutory Authority: Chapters 42.56 and 34.05 RCW. WSR 20-03-036, § 16-560-105, filed 1/8/20, effective 2/8/20.

Wash. Admin. Code § 16-560-110 Protection of public records.

In order to adequately protect the commission's public records, the following will apply:

(1) Public records made available for inspection may not be removed from the area the commission makes available for inspection. The commission has the discretion to designate the means and the location for the inspection of records.

(2) Inspection of any public record will be conducted in the presence of a designated commission employee.

(3) Public records may not be marked or altered in any manner during inspection.

(4) After inspection is complete, the public records officer or designee will make requested copies or arrange for copying.

(5) Public records that are maintained in a file or jacket, or in chronological order, may not be dismantled except by a designated commission employee for purposes of copying.

(6) Whenever a public records request involves an entire file, a group of records, or a large number of records, the commission is allowed a reasonable time to review the records to determine whether information is exempt from disclosure under chapter 42.56 RCW or other law.

History

Statutory Authority: Chapters 42.56 and 34.05 RCW. WSR 20-03-036, § 16-560-110, filed 1/8/20, effective 2/8/20.

Wash. Admin. Code § 16-560-115 Exemptions.

(1) Production or sales records required to determine assessment levels and actual assessment payments to the commission under chapter 15.26 RCW (reference RCW 42.56.380(3)).

(2) Financial and commercial information and records supplied by persons:

(a) To the commission for the purpose of conducting a referendum for the establishment of the commission; or

(b) To the commission under chapter 15.26 RCW, with respect to domestic or export marketing activities or individual producer's production information (reference RCW 42.56.380(5)).

(3) Lists of individuals requested for commercial purposes (reference RCW 42.56.070(8)).

History

Statutory Authority: Chapters 42.56 and 34.05 RCW. WSR 20-03-036, § 16-560-115, filed 1/8/20, effective 2/8/20.

Wash. Admin. Code § 16-560-120 Review of denials of public records requests.

(4) Any person may obtain court review of a denial of a public records request under RCW 42.56.550.

History

Statutory Authority: Chapters 42.56 and 34.05 RCW. WSR 20-03-036, § 16-560-120, filed 1/8/20, effective 2/8/20.

Wash. Admin. Code § 16-560-125 Records index.

The commission shall establish a records index, which shall be made available for public review.

History

Statutory Authority: Chapters 42.56 and 34.05 RCW. WSR 20-03-036, § 16-560-125, filed 1/8/20, effective 2/8/20.

Chapter 16-561 Washington red raspberry commission.

Wash. Admin. Code § 16-561-005 Marketing order for Washington red raspberries—Policy statement.

(1) The marketing of red raspberries within this state is in the public interest. It is vital to the continued economic well-being of the citizens of this state and their general welfare that its red raspberries be properly promoted by:

(a) Enabling producers of red raspberries to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing of the red raspberries they produce; and

(b) Working towards stabilizing the agricultural industry by increasing consumption of red raspberries within the state, the nation, and internationally.

(2) That it is in the overriding public interest that support for the red raspberry industry be clearly expressed, that adequate protection be given to the industry and its activities and operations, and that red raspberries be promoted individually, and as part of a comprehensive agricultural industry to:

(a) Enhance the reputation and image of Washington state's red raspberries;

(b) Increase the sale and use of Washington state's red raspberries in local, domestic, and foreign markets;

(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production of Washington state's red raspberries;

(d) Increase the knowledge of the health-giving qualities and dietetic value of Washington state's red raspberries and products; and

(e) Support and engage in programs or activities that benefit the planting, production, harvesting, handling, processing, marketing, and uses of red raspberries produced in Washington state.

(3) The director is authorized to implement, administer, and enforce chapter 15.65 RCW through adoption of this marketing order.

(4) The Washington state red raspberry commodity board exists primarily for the benefit of the people of the state of Washington and its economy, and with oversight by the director, the board is authorized to speak on behalf of Washington state government with regard to red raspberries under the provisions of this marketing order.

History

Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-03-007, § 16-561-005, filed 1/6/14, effective 2/6/14.

Wash. Admin. Code § 16-561-006 Marketing order purposes.

This marketing order is to promote the general welfare of the state and for the purpose of maintaining existing markets or creating new or larger local, domestic, and foreign markets; increasing production efficiency; ensuring a fair regulatory environment; or increasing per capita consumption of red raspberries grown in Washington state. The Washington state red raspberry commodity board is designated by the director to conduct programs in accordance with chapter 15.65 RCW.

(1) To carry out the purposes of the marketing order, the board may provide for a program in one or more of the following areas:

(a) Establish plans and conduct programs for marketing, sales, promotion or other programs for maintaining present markets or creating new or larger markets for raspberries. Programs shall be directed toward increasing the sale of raspberries without reference to any particular brand or trade name and shall neither make use of false or unwarranted claims on behalf of raspberries nor disparage the quality, value, sale, or use of any other agricultural commodity. The board may also engage in cooperative efforts in the domestic or foreign marketing of red raspberries;

(b) Develop and engage in research for developing better and more efficient production, processing, irrigation, transportation, handling, or marketing of red raspberries and expend the necessary funds for such purposes. Insofar as practicable, such research shall be carried out by Washington State University, but if in the judgment of the board, Washington State University does not have adequate facilities for a particular project or if some other research agency has better facilities, the project may be carried out by other research agencies selected by the board;

(i) Marketing information and services to affected producers for the verification of weights, tests, and sampling of quality and quantity of raspberries purchased by handlers from affected producers;

(ii) Information and services enabling producers to meet their resource conservation objectives;

(iii) Red raspberry-related education and training.

(d) Subject to the provisions of chapter 15.65 RCW, provide information and communicate on matters pertaining to the production, irrigation, processing, transportation, marketing, or uses of red raspberries produced in Washington state to any elected official or officer or employee of any agency.

(2) The director shall approve any plans, programs, and projects concerning:

(a) The establishment, issuance, effectuation, and administration of programs authorized under this section for advertising and promotion of red raspberries; and

(3) The Washington state red raspberry commission will not adopt rules relating to grades and standards.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 18-15-009, § 16-561-006, filed 7/6/18, effective 8/6/18. Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-03-007, § 16-561-006, filed 1/6/14, effective 2/6/14.

Wash. Admin. Code § 16-561-010 Definitions.

Definitions for terms used in this chapter must be interpreted as consistent with the definitions in chapter 15.65 RCW, Washington state agricultural commodity boards.

"Affected area" means that portion of the state of Washington located west of the summit of the Cascade Mountains.

"Affected producer" means any person who produces or stores in the state of Washington raspberries in commercial quantities for fresh market, for processing, or for sale to processors. "To produce" means to act as a producer.

"Affected unit" means one pound net of raspberries.

"Commercial quantity" means any raspberries produced or stored in quantities of three tons (6,000 pounds) or more, in any calendar year.

"Department" means the department of agriculture of the state of Washington.

"Director" means the director of agriculture of the state of Washington or the director's duly appointed representative.

"Handler" means any person who acts as principal or agent or otherwise in processing, selling, marketing, storing, freezing, or distributing raspberries not produced by them. Handler does not include a common carrier used to transport an agricultural commodity. "To handle" means to act as a handler.

"Harvest season" means that period from May 1st to September 15th of each year.

"Hosting" may include providing meals, refreshments, lodging, transportation, gifts of a nominal value, reasonable and customary entertainment and normal incidental expenses at meetings or gatherings.

"Marketing season" or "fiscal year" means the 12-month period beginning with January 1st of any year and ending with the last day of December following, both dates being inclusive.

"Person" means any individual, firm, corporation, limited liability company, trust, association, partnership, society or any other organization of individuals or any unit or agency of local or state or federal government.

"Producer-handler" means any person who acts both as a producer and as a handler with respect to raspberries. A producer-handler shall be deemed to be a producer with respect to the raspberries which they produce and a handler with respect to the raspberries which they handle, including those produced by themselves.

"Promotional hosting" as used in these rules means the hosting of individuals and groups of individuals at meetings, meals, and gatherings for the purpose of cultivating trade relations, promoting sales of red raspberries, developing industry unity, and furthering the objectives of the commission.

"Raspberries" means and includes all kinds, varieties, and hybrids of "rubus idaeus" of red color.

"Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade.

"Washington red raspberry commission," hereinafter referred to as "board," "commission," or "WRRC" means the commodity board formed under the provisions of WAC 16-561-020.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 25-05-103, s 16-561-010, filed 2/19/25, effective 3/22/25. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 18-15-009, § 16-561-010, filed 7/6/18, effective 8/6/18. Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-03-007, § 16-561-010, filed 1/6/14, effective 2/6/14. Statutory Authority: Chapter 15.65 RCW. WSR 86-13-012 (Order 1888), § 16-561-010, filed 6/6/86. Statutory Authority: RCW 15.65.180. WSR 83-24-028 (Order 1809), § 16-561-010, filed 12/1/83
Order 1478, § 16-561-010, filed 7/29/76.

Wash. Admin. Code § 16-561-020 Red raspberry commodity board.

(1) Administration. The provisions of this order and the applicable provisions of chapter 15.65 RCW shall be administered and enforced by the board as the designee of the director.

(2) Board membership.

(a) The board shall consist of seven voting members. Six members shall be affected producers appointed or elected as provided in this section. The director shall appoint one member who is neither an affected producer nor a handler to represent the director. The position representing the director shall be a voting member.

(b) Director-appointed producer positions on the board shall be designated as position 1, position 5, and position 6.

(d) The position representing the director who is neither an affected producer nor a handler shall be designated as position 7.

(e) For the purpose of nomination, appointment, and election of producer members of the board, the affected area shall be that portion of the state of Washington located west of the summit of the Cascade Mountains.

(i) District I shall have four board members, being positions 1, 2, 3, and 4, and shall consist of Whatcom County.

(ii) Positions 5 and 6 are designated as at-large position and may be filled from any western Washington county. These positions may also be filled by employees of affected producers in any western Washington county. The positions are filled in accordance with RCW 15.65.250.

(f) The voting board may also appoint one and up to three additional nonvoting members to serve in an advisory capacity from among the crop advisors, handlers or others with expertise in the red raspberry industry. The voting members of the board will make these appointments at the first meeting of the calendar year. Advisory board member appointments are for a one-year period. Nonvoting advisory members may serve additional consecutive terms of office if reappointed by the board.

(3) Board membership qualifications. The producer members of the board must consist of a majority of practical producers of raspberries and each shall be a resident of this state, and over the age of 18 years. Each producer board member must be and have been actually engaged in producing raspberries within the state of Washington for a period of five years and has, during that time, derived a substantial portion of their income therefrom. Producer-handlers shall be considered to be acting only as producers for purpose of appointment or election and membership on a commodity board. A minority of the producer members may be employees of practical producers of raspberries who would serve under the direction of their employers. The qualifications of members of the board as herein set forth must continue during the terms of office.

(4) Term of office.

(a) The term of office, for members of the board shall be three years, and one-third of the membership as nearly as possible shall be elected each year. Terms shall expire on November 30th.

(b) Membership positions on the board shall be designated numerically; affected producers shall have positions one through six and the member representing the director, position seven.

Positions 1 and 2 - One year;

Positions 3, 4, 5, and 9 - Two years;

Positions 6, 7, 8, 10, and 11 - Three years.

(d) To accomplish the transition to the newly defined districts and areas and to a commodity board structure where the director appoints a majority of the voting board members, the initial producer appointments are as follows:

(i) The current incumbent representing position 6 will be appointed to the new position 1 with an expiration date of November 30, 2015;

(ii) The current incumbent representing position 8 will be appointed to the new position 2 with an expiration date of November 30, 2016;

(iii) The current incumbent representing position 3 will be appointed to the new position 3 with an expiration date of November 30, 2014;

(iv) The current incumbent representing position 5 will be appointed to the new position 4 with an expiration date of November 30, 2014;

(v) The current incumbent representing position 9 will be appointed to the new position 5 with an expiration date of November 30, 2015;

(vi) The current incumbent representing position 10 will be appointed to the new position 6 with an expiration date of November 30, 2016.

Any remaining board members not appointed to a new position will serve out the remainder of their existing term.

(e) Except for the director's representative, no appointed or elected member of the board may serve more than three full consecutive three-year terms. Any previous board member may be reelected to a qualified position after such term limits if at least one full three-year period has passed since the last date of the second consecutive term in office.

(5) Nomination of elected or director-appointed board members. Each year the director shall call a nomination meeting for elected or director-appointed producer board members. The meeting(s) shall be held at least 30 days in advance of the date set by the director for the election or advisory vote of board members.

(a) Notice of a nomination meeting shall be published in a newspaper of general circulation within the affected area not less than 10 days in advance of the date of such meeting; and, in addition, written notice of every such meeting shall be given to all affected producers within the affected area according to the list maintained by the board pursuant to RCW 15.65.295.

(b) Nonreceipt of notice by any interested person shall not invalidate the proceedings at such nomination meeting.

(c) Any qualified affected producer may be nominated orally for membership on the board at a nomination meeting. Nominations may also be made within five days after the meeting by written petition filed with the director, signed by not less than five affected producers.

(6) Election or advisory vote of board members.

(a) An election or advisory vote shall be conducted by secret ballot under the supervision of the director within the month of October. Each affected producer shall be entitled to one vote.

(b) Elected members of the board shall be elected by a majority of the votes cast by the affected producers within the affected area.

(c) If a nominee for an elected position does not receive a majority of the votes on the first ballot, a run-off election shall be held by mail in a similar manner between the two candidates for such position receiving the largest number of votes.

(d) An advisory vote shall be conducted for producer board members appointed by the director under the provisions of RCW 15.65.243. The names of the two candidates receiving the most votes in the advisory vote shall be forwarded to the director for potential appointment to the board. In the event there are only two candidates nominated for a board position, an advisory vote may not be held and the candidates' names shall be forwarded to the director for potential appointment.

(e) Notice of every election or advisory vote for board membership shall be published in a newspaper of general circulation within the affected area not less than 10 days in advance of the date of the election. Not less than 10 days prior to every election or advisory vote for board membership, the director shall mail a ballot of the candidates to each affected producer entitled to vote whose name appears on the list of affected producers within the affected area maintained by the board pursuant to RCW 15.65.295. Any other affected producer entitled to vote may obtain a ballot by application to the director upon establishing their qualifications.

(f) Nonreceipt of a ballot by any affected producer shall not invalidate the election of any board members.

(7) Vacancies.

(b) In the event of a vacancy in a director-appointed position, the remaining board members shall recommend to the director a qualified person for appointment to the vacant position. The director shall appoint the person recommended by the board unless the person fails to meet the qualifications of board members under chapter 15.65 RCW and this order.

(8) Quorum. A majority of the voting members shall constitute a quorum for the transaction of all business and the carrying out of all duties of the board.

(9) Board compensation. No member of the board shall receive any salary or other compensation, but each voting and advisory board member may be compensated in accordance with RCW 43.03.230 and shall be reimbursed for subsistence, lodging, and mileage in accordance with RCW 43.03.050 and 43.03.060, as provided for in RCW 15.65.270. The board may adopt by resolution provisions for reimbursement of actual travel expenses incurred by members and employees of the board in carrying out the provisions of this marketing order pursuant to RCW 15.65.270.

(10) Procedures for board.

(a) The board shall hold regular meetings, at least four times annually, and such meetings shall be held in accordance with chapter 42.30 RCW (Open Public Meetings Act). Notice of the time and place of regular meetings shall be published on or before January of each year in the Washington State Register. Notice of any change of the regular meeting schedule shall be published in the Washington State Register at least 20 days prior to the rescheduled meeting date.

(b) The board shall hold an annual meeting, at which time an annual report will be presented. The budget shall be presented for discussion at the meeting. Notice of the annual meeting shall be given by the board at least 10 days prior to the meeting by written notice to each producer and by regular news service.

(c) The board shall establish by resolution, the time, place, and manner of calling special meetings of the board with reasonable notice to the members: Provided, that the notice to a member of any special meeting may be waived by a waiver from that member of the board. Notice of special meetings will be in compliance with chapter 42.30 RCW.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 25-19-091, s 16-561-020, filed 9/17/25, effective 10/18/25. Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 25-05-103, s 16-561-020, filed 2/19/25, effective 3/22/25. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 18-15-009, § 16-561-020, filed 7/6/18, effective 8/6/18. Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-03-007, § 16-561-020, filed 1/6/14, effective 2/6/14. Statutory Authority: Chapter 15.65 RCW. WSR 92-12-003, § 16-561-020, filed 5/21/92, effective 6/21/92
WSR 86-13-012 (Order 1888), § 16-561-020, filed 6/6/86. Statutory Authority: RCW 15.65.180. WSR 83-24-028 (Order 1809), § 16-561-020, filed 12/1/83
Order 1478, § 16-561-020, filed 7/29/76.

Wash. Admin. Code § 16-561-035 Powers and duties of the board.

The board shall have the following powers and duties to:

(1) Administer, enforce, and control the provisions of this order as the designee of the director.

(2) Elect a chairman and such other officers as the board deems advisable.

(3) Employ and discharge at its discretion such personnel as the board determines necessary and proper to carry out the purpose of the order and effectuate the declared policies of chapter 15.65 RCW.

(4) Pay only from moneys collected as assessments or advances thereon the costs arising in connection with the formulation, issuance, administration, and enforcement of the order. Such expenses and costs may be paid by check, draft, or voucher in such form and in such manner and upon the signature of the person as the board may prescribe.

(5) Reimburse any applicant who has deposited with the director in order to defray the costs of formulating the order.

(6) Establish a "raspberry board marketing revolving fund" and such fund to be deposited in a bank or banks or financial institution or institutions, approved for the deposit of state funds, in which all money received by the board shall be deposited as often as advisable.

(7) Keep or cause to be kept in accordance with accepted standards of good accounting practice, accurate records of all assessments, paid outs, moneys, and other financial transactions made and done pursuant to this order. Such records, books, and accounts shall be audited subject to procedures and methods lawfully prescribed by the state auditor. Such books and accounts shall be closed as of the last day of each fiscal year. A copy of such audit shall be delivered within 30 days after the completion thereof to the governor, the director, the state auditor, and the board.

(8) Require a bond of all board members and employees of the board in a position of trust in the amount the board shall deem necessary. The premium for such bond or bonds shall be paid by the board from assessments collected. Such bond shall not be necessary if any such board member or employee is covered by any blanket bond covering officials or employees of the state of Washington.

(9) Prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of the order during each fiscal year. The board, at least 15 days prior to the beginning of its fiscal year, shall prepare and submit to the director for approval its research plan, its commodity-related education and training plan, and its budget.

(10) Establish by resolution, a headquarters which shall continue as such unless and until so changed by the board. All records, books, and minutes of board meetings shall be kept at such headquarters.

(11) Adopt rules of a technical or administrative nature for the operation of the board, subject to the provisions of chapter 34.05 RCW (Administrative Procedure Act).

(12) Carry out the provisions of RCW 15.65.510 covering the obtaining of information necessary to effectuate the provisions of chapters 16-561 WAC and 15.65 RCW, along with the necessary authority and procedure for obtaining such information.

(13) Bring actions or proceedings upon joining the director as a party for specific performance, restraint, injunction, or mandatory injunction against any person who violates or refuses to perform the obligations or duties imposed upon them by chapter 15.65 RCW or 16-561 WAC.

(14) Confer with and cooperate with the legally constituted authorities of other states and of the United States for the purpose of obtaining uniformity in the administration of federal and state marketing regulations, licenses, agreements, or orders.

(15) Authorize the members of a commodity board, or their agents or designees, to participate in federal or state hearings or other proceedings concerning regulation of the manufacture, distribution, sale, or use of any pesticide as defined by RCW 15.58.030 or any agricultural chemical which is of use or potential use in producing the affected commodity, and may authorize the expenditure of commission funds for this purpose.

(16) Work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes provided in this order.

(17) Enter into contracts or interagency agreements with any private or public agency, whether federal, state, or local. Personal service contracts must comply with chapter 39.26 RCW.

(18) Accept and expend or retain any gifts, bequests, contributions, or grants from private persons or private and public agencies.

(19) Enter into contracts or agreements for research in the production, irrigation, processing, transportation, marketing, use, or distribution of red raspberries.

(20) Retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of the commission. The retention of a private attorney is subject to review by the office of the attorney general.

(21) Engage in appropriate fund-raising activities for the purpose of supporting activities authorized by this order.

(22) Participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, irrigation, manufacture, regulation, transportation, distribution, sale, or use of red raspberries, including activities authorized under RCW 42.17A.635, including the reporting of those activities to the public disclosure commission.

(23) Maintain a list of the names and addresses of affected producers that may be compiled from information used to collect assessments under the provisions of this marketing order and data on the units of each producer's production pursuant to RCW 15.65.295. This list may be compiled from information used to collect producer assessments for a three-year period.

(24) Maintain a list of the names and addresses of persons who handle red raspberries within the affected area and data on the amount of the red raspberries handled by each person pursuant to RCW 15.65.295 for a minimum three-year period.

(25) Establish a foundation using commission funds as grant money for the purposes established in this marketing order.

(26) Acquire or own intellectual property rights, licenses, or patents and to collect royalties resulting from commission-funded research related to red raspberries.

(27) Submit for review and approval by the director of any new or amended marketing, including for the purposes required under RCW 15.65.287.

(28) Carry out any other grant of authority or duty provided designees and not specifically set forth in this section.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 25-05-103, s 16-561-035, filed 2/19/25, effective 3/22/25. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 18-15-009, § 16-561-035, filed 7/6/18, effective 8/6/18. Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-03-007, § 16-561-035, filed 1/6/14, effective 2/6/14.

Wash. Admin. Code § 16-561-040 Assessments and collections.

(1) Assessments.

(a) The annual assessment on all varieties of raspberries for the crop year just concluded shall be set by the board prior to October 31st. The board has the authority to set the rate within a range of zero to two cents per affected unit (pound).

(b) For the purpose of collecting assessments, the board may:

(i) Require handlers to collect producer assessments from producers whose production they handle, and remit the same to the board; or

(ii) Require the person subject to the assessment to give adequate assurance or security for its payment; or

(iii) Require in the case of assessments against affected units stored in frozen condition:

(A) Cold storage facilities storing the commodity to file information and reports with the commission regarding the amount of commodity in storage, the date of receipt, and the name and address of each such owner; and

(B) That the commodity not be shipped from a cold storage facility until the facility has been notified by the commission that the commodity owner has paid the commission for any assessments imposed by the marketing order.

(C) Subsequent to the first sale, no affected units shall be transported, carried, shipped, sold, marketed, or otherwise handled or disposed of until every due and payable assessment herein provided for has been paid and the receipt issued. The foregoing shall include all affected units shipped, stored, or sold, both inside and outside the state.

(2) Collections. Any moneys collected or received by the board pursuant to the provisions of this order during or with respect to any season or year, may be refunded on a pro rata basis at the close of the season or year or at the close of such longer period as the board determines to be reasonably adapted to effectuate the declared policies of chapter 15.65 RCW and the purposes of this marketing order, to all persons from whom such moneys were collected or received or may be carried over into and used with respect to the next succeeding season, year, or period whenever the board finds that the same will tend to effectuate such policies and purposes.

(3) Penalties. Any due and payable assessment herein levied in a specified amount as may be determined by the board pursuant to the provisions of chapters 15.65 RCW and 16-561 WAC, shall constitute a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the board when payment is called for by it. In the event any person fails to pay the board the full amount of the assessment or other sum on or before the date due, the board may, and is hereby authorized to, add to such unpaid assessment or sum an amount not exceeding ten percent of the same to defray the cost of enforcing the collecting of it. In the event of failure of such person or persons to pay any such due and payable assessment or other such sum, the board may bring a civil action against such person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent, and the action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 18-15-009, § 16-561-040, filed 7/6/18, effective 8/6/18. Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-03-007, § 16-561-040, filed 1/6/14, effective 2/6/14. Statutory Authority: Chapter 15.65 RCW. WSR 86-13-012 (Order 1888), § 16-561-040, filed 6/6/86
WSR 81-09-003 (Order 1728), § 16-561-040, filed 4/6/81
Order 1478, § 16-561-040, filed 7/29/76.

Wash. Admin. Code § 16-561-041 Time—Place—Method for payment and collection of assessments.

Effective with the growing season of 1977, the following procedure is established for the reporting and paying of assessments levied pursuant to RCW 15.65.410 and WAC 16-561-040:

(1) All first handlers of raspberries for resale or for processing shall withhold the amount of the assessment from their remittance to growers and transmit same to the commission. Where the first handler does not remit proceeds to the producer, the first handler shall include in their bill for services the assessment due and upon payment by the producer shall remit same to the commission. All such assessments accumulated will be due and payable to the commission in four installments payable December 1st of the current calendar year, followed by February 1st, April 1st, and concluding June 1st of the following calendar year. First handlers shall submit to the commission on or before October 1st of each year, a report listing the name, address, pounds handled or purchased, and amount deducted or collected for each producer on forms provided by the commission.

(2) All growers selling raspberries other than to first handlers for resale or processing, whether selling direct or through brokers, and including all sales at retail, shall submit to the commission on or before October 1st of each year, a report listing the pounds produced in the current harvest season on forms provided by the commission, and shall pay the assessment directly to the commission in four installments payable December 1st of the current year, followed by February 1st, April 1st, and concluding June 1st of the following calendar year.

(3) All growers having raspberries in cold storage that are not sold on September 15th of each year, shall compute the assessment due on such berries and pay same to the commission by September 30th of each year.

(4) Any assessments paid after the above deadlines shall be accompanied by a penalty fee of 10 percent as provided in RCW 15.65.440.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 25-05-103, s 16-561-041, filed 2/19/25, effective 3/22/25. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 18-15-009, § 16-561-041, filed 7/6/18, effective 8/6/18. Statutory Authority: Chapter 15.65 RCW. WSR 86-13-012 (Order 1888), § 16-561-041, filed 6/6/86. Statutory Authority: RCW 15.65.180. WSR 83-24-028 (Order 1809), § 16-561-041, filed 12/1/83
Order 1, § 16-561-041, filed 6/3/77.

Wash. Admin. Code § 16-561-050 Obligations of the board.

Obligations incurred by the board or employee or agent thereof pertaining to their performance or nonperformance or misperformance of any matters or things authorized, required, or permitted them by the act or this order, and any other liabilities or claims against them or any of them shall be enforced in the same manner as if the whole organization under the order were a corporation. No liability for the debts or actions of the board, employee, or agent incurred in their official capacity under this order shall exist either against the board, officers, employees, and/or agents in their individual capacity, nor against the state of Washington or any subdivision or instrumentality thereof nor against any other organization, administrator, or board (or employee or agent thereof) established pursuant to this act or the assets thereof. The board, and its agents and employees, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other board, member of the board, or other person. The liability of the members of the board shall be several and not joint and no member shall be liable for the default of any other member.

History

Order 1478, § 16-561-050, filed 7/29/76.

Wash. Admin. Code § 16-561-060 Termination of the order.

Termination shall be accomplished pursuant to RCW 15.65.183 through 15.65.193.

History

Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-03-007, § 16-561-060, filed 1/6/14, effective 2/6/14
Order 1478, § 16-561-060, filed 7/29/76.

Wash. Admin. Code § 16-561-070 Effective time.

The marketing order for raspberries shall become effective on and after September 1, 1976.

History

Order 1478, § 16-561-070, filed 7/29/76.

Wash. Admin. Code § 16-561-080 Severability.

History

Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-03-007, § 16-561-080, filed 1/6/14, effective 2/6/14
Order 1478, § 16-561-080, filed 7/29/76.

Wash. Admin. Code § 16-561-120 Promotional hosting.

The implementation of the rules governing promotional hosting expenditures for the Washington red raspberry commission shall be as follows:

(a) Commissioners;

(b) Administrator;

(d) Contractors, as specifically authorized by the commission.

(3) Payment and reimbursement. All payments and reimbursements shall be identified and supported by vouchers to which receipts are attached. Voucher forms may be supplied by the commission, and shall require the following information:

(a) Name and position of each person hosted, provided that in case of a group of twenty-five or more persons, then only the name of the group hosted shall be required;

(b) General purpose of the hosting;

(d) Location of the hosting;

(e) To whom payment was or will be made;

(f) Signature of person seeking payment or reimbursement.

(4) The chairman and vice chairman-treasurer of the commission and the administrator are authorized to approve direct payment or reimbursements submitted in accordance with these rules.

(5) The following persons may be hosted when it is reasonably believed such hosting will cultivate trade relations, promote sales of red raspberries, or develop industry unity, provided that such hosting shall not violate federal or state conflict of interest laws:

(a) Individuals from private business;

(b) Foreign government officials;

(c) Federal and state officials, provided lodging, meals and transportation will not be provided when such officials may obtain reimbursement for these expenses from their government employer;

(d) The general public, at meetings and gatherings open to the general public;

(f) Spouses of the persons listed in (a), (b), (c), and (e) of this subsection when attendance of such spouse will serve to cultivate trade relations, promote the sale of red raspberries or develop industry unity.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 18-15-009, § 16-561-120, filed 7/6/18, effective 8/6/18. Statutory Authority: RCW 15.04.200 and 15.65.380. WSR 93-20-088 (Order 5016), § 16-561-120, filed 10/5/93, effective 11/5/93.

Wash. Admin. Code § 16-561-125 Description of commission, address and telephone number of the Washington red raspberry commission.

Headquartered at 204 Hawley Street, Lynden, Washington 98264, the Washington red raspberry commission serves Washington red raspberry producers by supporting the red raspberry industry in the areas of research and marketing. The telephone number is 360-354-8767.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 18-15-009, § 16-561-125, filed 7/6/18, effective 8/6/18.

Wash. Admin. Code § 16-561-130 Public records officer.

(2) The name of the commission's current public records officer is on file with the office of the code reviser in accordance with RCW 42.56.580 and is published in the Washington State Register.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 18-15-009, § 16-561-130, filed 7/6/18, effective 8/6/18.

Wash. Admin. Code § 16-561-135 Requests for public records.

(1) All requests for disclosure of public records must be submitted in writing directly to the commission's public records officer by mail to:

Washington Red Raspberry Commission

204 Hawley Street

Lynden, WA 98264

The request may also be submitted by fax to 360-354-0948 or by email to info@red-raspberry.org. The written request should include:

(a) The name, address and telephone number or other contact information of the person requesting the records;

(b) The calendar date on which the request is made; and

(a) Public records made available for inspection may not be removed from the area the commission makes available for inspection;

(b) Inspection of any public record will be conducted in the presence of the public records officer or designee;

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 18-15-009, § 16-561-135, filed 7/6/18, effective 8/6/18.

Wash. Admin. Code § 16-561-140 Response to public records requests.

(1) The public records officer shall respond to public records requests within five business days by:

(a) Making the records available for inspection or copying;

(b) Providing a link or address for a record available on the internet under RCW 42.56.520;

(c) Acknowledging receipt of the request and providing a reasonable estimate of the time the commission will require to respond to the request;

(d) Sending the copies to the requestor if copies are requested and payment of a deposit for the copies is made or terms of payment have been agreed upon; or

(2) Additional time to respond to the request may be based upon the need to:

(a) Clarify the intent of the request;

(b) Locate and assemble the information requested;

(d) Determine whether any of the information requested is exempt from disclosure and that a denial should be made as to all or part of the request.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 18-15-009, § 16-561-140, filed 7/6/18, effective 8/6/18.

Wash. Admin. Code § 16-561-145 Fees—Inspection and copying.

(1) No fee will be charged for the inspection of public records.

(3) The commission may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120. For all copying or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable within fifteen days of receipt of invoice payable to the Washington red raspberry commission. The commission may require that all charges be paid in advance of release of the copies of the records.

(4) The commission or its designee may waive any of the foregoing copying costs.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 18-15-009, § 16-561-145, filed 7/6/18, effective 8/6/18.

Wash. Admin. Code § 16-561-150 Exemptions.

(1) Production or sales records required to determine assessment levels and actual assessment payments to the commission under chapter 15.65 RCW (reference RCW 42.56.380(3)).

(2) Financial and commercial information and records supplied by persons:

(a) To the commission for the purpose of conducting a referendum for the establishment of the commission; or

(b) To the commission under chapter 15.65 RCW with respect to domestic or export marketing activities or individual producer's production information (reference RCW 42.56.380(5)).

(3) Lists of individuals requested for commercial purposes (reference RCW 42.56.070(8)).

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 18-15-009, § 16-561-150, filed 7/6/18, effective 8/6/18.

Wash. Admin. Code § 16-561-155 Review of denial of public records requests.

(4) Any person may obtain court review of a denial of a public records request under RCW 42.56.550.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 18-15-009, § 16-561-155, filed 7/6/18, effective 8/6/18.

Wash. Admin. Code § 16-561-160 Records index.

The commission shall establish a records index, which shall be made available for public review.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 18-15-009, § 16-561-160, filed 7/6/18, effective 8/6/18.

Chapter 16-565 Washington state cranberry commission.

Wash. Admin. Code § 16-565-010 Definition of terms.

For the purpose of this marketing order:

"Act" means the Washington Agricultural Enabling Act of 1961 or chapter 15.65 RCW.

"Affected area" means the state of Washington.

"Affected producer" means any person who produces cranberries in the state of Washington, in commercial quantities for fresh market, for processing, or for sale to processors.

"Affected unit" means 100 pounds (barrel) net of cranberries.

"Commercial quantity" means any cranberries produced for a market, by a producer in any calendar year.

"Cranberries" means and includes all kinds, varieties, and hybrids of "vaccinium macrocarpon" grown and marketed in the state of Washington.

"Cranberry commodity board," hereinafter referred to as "board," means the commodity board formed under the provisions of WAC 16-565-020.

"Department" means the department of agriculture of the state of Washington.

"Director" means the director of agriculture of the state of Washington or the director's duly appointed representative.

"Disclosure" means inspection or copying.

"Fiscal year" means the 12-month period beginning with September 1 of any year and ending with the last day of August following, both dates being inclusive.

"Handler" means any person who acts as principal or agent or otherwise in processing, selling, marketing, or distributing cranberries not produced by the handler.

"Order" means marketing order.

"Person" means any person, firm, association, or corporation.

"Producer-handler" means any person who acts both as a producer and as a handler with respect to cranberries. A producer-handler shall be deemed to be a producer with respect to the cranberries which they produce and a handler with respect to the cranberries which they handle, including those they produced.

"Public records" include any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the commission regardless of physical form or characteristics.

"Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade, other than those sold retail by the producer.

"Substantial portion" means five percent or more.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 25-09-010, s 16-565-010, filed 4/3/25, effective 5/4/25. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 22-12-077, § 16-565-010, filed 5/28/22, effective 6/28/22. Statutory Authority: RCW 15.65.380. WSR 85-15-018 (Order 1864), § 16-565-010, filed 7/8/85. Statutory Authority: Chapter 15.65 RCW. WSR 80-13-037 (Order 1713), § 16-565-010, filed 9/12/80, effective 10/13/80.

Wash. Admin. Code § 16-565-020 Cranberry commodity board.

(1) Administration. The provisions of this order and the applicable provisions of the act shall be administered and enforced by the board as the designee of the director.

(2) Board membership.

(a) The board shall consist of eight members. Seven members shall be affected producers elected as provided in this section. The director shall appoint one member who is neither an affected producer nor a handler to represent the department and the public.

(b) For the purpose of nomination and election of producer members of the board, the affected area shall be the state of Washington and shall be divided into three representative districts as follows:

District I shall have two board members, being Positions 1 and 2, and shall comprise that portion of Pacific County lying south of the Willapa River.

District II shall have four board members, being Positions 3, 4, 5, and 6, and shall comprise that portion of Pacific County and that portion of Grays Harbor County lying between the Willapa River and the Chehalis River.

District III shall have one board member, being Position 7, and shall comprise the rest of the state.

(3) Board membership qualifications. The affected producer members of the board shall be practical producers of cranberries and shall be citizens and residents of the state of Washington, over the age of 25 years, each of whom is and has been actually engaged in producing cranberries within the state of Washington for a period of five years and has, during that time, derived a substantial portion of their income therefrom. Producer-handlers shall be considered to be acting only as producers for purpose of election and membership on a commodity board. The qualifications of members of the board as herein set forth must continue during the terms of office.

(4) Term of office.

(a) The term of office for members of the board shall be three years, and one-third of the membership as nearly as possible shall be elected each year.

(b) Membership positions on the board shall be designated numerically; affected producers shall have positions one through seven and the member appointed by the director, position eight.

(5) Nomination and election of board members. Each year the director shall call for a nomination meeting. Such meeting shall be held at least 30 days in advance of the date set by the director for the election of board members. Notice of every such meeting shall be published in a newspaper of general circulation within the production area not less than 10 days in advance of the date of such meeting; and, in addition, written notice of every such meeting shall be given to all affected producers according to the list maintained by the director pursuant to RCW 15.65.200 of the act. Nonreceipt of notice by any interested person shall not invalidate the proceedings at such nomination meeting. Any qualified affected producer may be nominated orally for membership on the board at such nomination meeting. Nominations may also be made within five days after any such meeting by written petition filed with the director, signed by not less than five affected producers. At the inception of this marketing order, nominations may be made at the issuance hearing.

(6) Election of board members.

(a) Members of the board shall be elected by secret mail ballot within the month of June under the supervision of the director. Affected producer members of the board shall be elected by a majority of the votes cast by the affected producers. Each affected producer shall be entitled to one vote.

(c) Notice of every election for board membership shall be published in a newspaper of general circulation within the production area not less than 10 days in advance of the date of such election. Not less than 10 days prior to every election for board membership, the director shall mail a ballot of the candidates to each affected producer entitled to vote whose name appears on the list of such affected producers maintained by the director in accordance with RCW 15.65.200. Any other affected producer entitled to vote may obtain a ballot by application to the director upon establishing their qualifications. Nonreceipt of a ballot by any affected producer shall not invalidate the election of any board members.

(7) Vacancies prior to election. In the event of a vacancy on the board, the remaining members shall select a qualified person to fill the unexpired term.

(8) Quorum. A majority of the members shall constitute a quorum for the transaction of all business and the carrying out of all duties of the board.

(9) Board compensation. No member of the board shall receive any salary or other compensation, but each member may receive per diem in accordance with RCW 15.65.270 for each day in actual attendance at or traveling to and from meetings of the board or on special assignment for the board, together with travel expenses at the rates allowed state employees.

(10) Powers and duties of the board. The board shall have the following powers and duties:

(a) To administer, enforce, and control the provisions of this order as the designee of the director.

(b) To elect a chairman and such other officers as the board deems advisable.

(c) To employ and discharge at its discretion such personnel as the board determines necessary and proper to carry out the purpose of the order and effectuate the declared policies of the act.

(d) To pay from moneys collected as assessments or advances thereon the costs arising in connection with the formulation, issuance, administration, and enforcement of the order. Such expenses and costs may be paid by check, draft, or voucher in such form and in such manner and upon the signature of the person as the board may prescribe.

(e) To accept grants and gifts and expend the same consistent with the policies and purpose of this order.

(f) To reimburse any applicant who has deposited with the director in order to defray the costs of formulating the order.

(g) To establish a "cranberry board marketing revolving fund" and such fund to be deposited in a bank or banks or financial institution or institutions, approved for the deposit of state funds, in which all money received by the board, except as the amount of petty cash for each day's needs, not-to-exceed $100, shall be deposited each day or as advisable.

(h) To keep or cause to be kept in accordance with accepted standards of good accounting practice, accurate records of all assessments, paid outs, moneys, and other financial transactions made and done pursuant to this order. Such records, books, and accounts shall be audited at least every five years subject to procedures and methods lawfully prescribed by the state auditor. Such books and accounts shall be closed as of the last day of each fiscal year. A copy of such audit shall be delivered within 30 days after the completion thereof to the governor, the director, the state auditor, and the board.

(i) To require a bond of all board members and employees of the board in a position of trust in the amount the board shall deem necessary. The premium for such bond or bonds shall be paid by the board from assessments collected. Such bond shall not be necessary if any such board member or employee is covered by any blanket bond covering officials or employees of the state of Washington.

(j) To prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of the order during each fiscal year.

(k) To establish by resolution, a headquarters which shall continue as such unless and until so changed by the board. All records, books, and minutes of board meetings shall be kept at such headquarters.

(l) To adopt rules and regulations of a technical or administrative nature, subject to the provisions of chapter 34.05 RCW (Administrative Procedure Act).

(m) To carry out the provisions of RCW 15.65.510 covering the obtaining of information necessary to effectuate the provisions of the order and the act, along with the necessary authority and procedure for obtaining such information.

(n) To bring actions or proceedings upon joining the director as a party for specific performance, restraint, injunction, or mandatory injunction against any person who violates or refuses to perform the obligations or duties imposed upon them by the act or the order.

(o) To confer with and cooperate with the legally constituted authorities of other states and of the United States for the purpose of obtaining uniformity in the administration of federal and state marketing regulations, licenses, agreements, or orders.

(p) To carry out any other grant of authority or duty provided designees and not specifically set forth in this section.

(11) Procedures for board.

(a) The board shall hold regular meetings, at least semiannually, and such meetings shall be held in accordance with chapter 42.30 RCW (Open Public Meetings Act).

(c) The board shall establish by resolution, the time, place, and manner of calling special meetings of the board with reasonable notice to the members: Provided, That the notice of any special meeting may be waived by a waiver thereof by each member of the board.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 25-09-010, s 16-565-020, filed 4/3/25, effective 5/4/25. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 22-12-077, § 16-565-020, filed 5/28/22, effective 6/28/22. Statutory Authority: RCW 15.65.050. WSR 00-10-023, § 16-565-020, filed 4/24/00, effective 5/25/00. Statutory Authority: RCW 15.65.380. WSR 85-15-018 (Order 1864), § 16-565-020, filed 7/8/85. Statutory Authority: Chapter 15.65 RCW. WSR 80-13-037 (Order 1713), § 16-565-020, filed 9/12/80, effective 10/13/80.

Wash. Admin. Code § 16-565-030 Marketing order purpose.

The order is to promote the general welfare of the state to enable producers of cranberries to help themselves develop production methods and/or programs for the control of diseases, insects, weeds, and other problems associated with cranberry production and to provide for the dissemination of information to the affected producers.

Insofar as practicable, such research shall be carried on by experiment stations of Washington State University, but if in the judgment of the board, said experiment stations do not have the facilities or the staff for a particular project, the project may be carried out by other researchers or research agencies selected by the board.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 22-12-077, § 16-565-030, filed 5/28/22, effective 6/28/22. Statutory Authority: Chapter 15.65 RCW. WSR 80-13-037 (Order 1713), § 16-565-030, filed 9/12/80, effective 10/13/80.

Wash. Admin. Code § 16-565-040 Assessments and collections.

(1) Assessments.

(a) The annual assessment on all varieties of cranberries shall be ten cents per affected unit (100 lbs.).

(b) For the purpose of collecting assessments, the board may:

(i) Require handlers to collect producer assessments from producers whose production they handle, and remit the same to the board; or

(ii) Require the person subject to the assessment to give adequate assurance or security for its payment.

(3) Penalties. Any due and payable assessment herein levied in such specified amount as may be determined by the board pursuant to the provisions of the act and the order, shall constitute a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the board when payment is called for by it. In the event any person fails to pay the board the full amount of such assessment or such other sum on or before the date due, the board may, and is hereby authorized to, add to such unpaid assessment or sum an amount not exceeding ten percent of the same to defray the cost of enforcing the collecting of the same. In the event of failure of such person or persons to pay any such due and payable assessment or other such sum, the board may bring a civil action against such person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

History

Statutory Authority: Chapter 15.65 RCW. WSR 84-12-041 (Order 1828), § 16-565-040, filed 5/31/84, effective 7/1/84
WSR 80-13-037 (Order 1713), § 16-565-040, filed 9/12/80, effective 10/13/80.

Wash. Admin. Code § 16-565-041 Time, place, and method for payment and collection of assessments.

Effective with the 1981 crop, the following procedure is established for the reporting and payment of assessments levied pursuant to RCW 15.65.410 and WAC 16-565-040:

(1) All first handlers of cranberries for resale or for processing shall withhold the amount of the assessment from their remittance to growers and transmit same to the commission. All such assessments are due and payable on or before February 28 following the harvest period.

(2) All growers selling cranberries other than to first handlers for resale, including selling direct or through brokers, and including all sales at retail, shall pay the assessment directly to the commission on or before February 28 following the harvest period.

(3) Any assessment paid after the above deadline shall be accompanied by a penalty fee of ten percent as provided for in RCW 15.65.440.

History

Statutory Authority: RCW 15.65.410. WSR 81-19-109 (Order 1, Resolution 1), § 16-565-041, filed 9/22/81.

Wash. Admin. Code § 16-565-050 Obligations of the board.

Obligations incurred by the board or employee or agent thereof pertaining to their performance or nonperformance or misperformance of any matters or things authorized, required, or permitted them by the act or this order, and any other liabilities or claims against them or any of them shall be enforced in the same manner as if the whole organization under the order were a corporation. No liability for the debts or actions of the board, employee, or agent incurred in their official capacity under this order shall exist either against the board, officers, employees, and/or agents in their individual capacity, nor against the state of Washington or any subdivision or instrumentality thereof nor against any other organization, administrator, or board (or employee or agent thereof) established pursuant to this act or the assets thereof. The board, and its agents and employees, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other board, member of the board, or other person. The liability of the members of the board shall be several and not joint and no member shall be liable for the default of any other member.

History

Statutory Authority: Chapter 15.65 RCW. WSR 80-13-037 (Order 1713), § 16-565-050, filed 9/12/80, effective 10/13/80.

Wash. Admin. Code § 16-565-060 Termination of the order.

The order shall be terminated if the director finds that 51 percent by numbers and 51 percent by volume of production of the affected producers favor or assent such dissolution. The director may ascertain without compliance with RCW 15.65.050 through 15.65.130 of the act whether such termination is so assented to or favored whenever 20 percent by numbers and 20 percent by volume of production of the affected producers file written application with the director for such termination. The termination shall not, however, become effective until the expiration of the marketing season.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 25-09-010, s 16-565-060, filed 4/3/25, effective 5/4/25. Statutory Authority: Chapter 15.65 RCW. WSR 80-13-037 (Order 1713), § 16-565-060, filed 9/12/80, effective 10/13/80.

Wash. Admin. Code § 16-565-070 Separability.

History

Statutory Authority: Chapter 15.65 RCW. WSR 80-13-037 (Order 1713), § 16-565-070, filed 9/12/80, effective 10/13/80.

Wash. Admin. Code § 16-565-080 Requests for public records.

(1) All requests for disclosure of public records must be submitted in writing directly to the commission's public records officer by mail to Washington State Cranberry Commission, P.O. Box 597, Grayland, Washington, 98547. The written request should include:

(a) The name, address and telephone number or other contact information of the person requesting the records;

(b) The calendar date on which the request is made; and

(a) Public records made available for inspection may not be removed from the area the commission makes available for inspection.

(b) Inspection of any public record will be conducted in the presence of the public records officer or designee.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 23-11-137, § 16-565-080, filed 5/23/23, effective 6/23/23
WSR 22-12-077, § 16-565-080, filed 5/28/22, effective 6/28/22.

Wash. Admin. Code § 16-565-085 Response to public records requests.

(1) The public records officer shall respond to public records requests within five business days by:

(a) Making the records available for inspection or copying;

(b) Providing a link or address for a record available on the internet under RCW 42.56.520;

(c) Acknowledging receipt of the request and providing a reasonable estimate of the time the commission will require to respond to the request;

(d) Sending the copies to the requestor if copies are requested and payment of a deposit for the copies is made or terms of payment have been agreed upon; or

(2) Additional time to respond to the request may be based upon the need to:

(a) Clarify the intent of the request;

(b) Locate and assemble the information requested;

(d) Determine whether any of the information requested is exempt from disclosure and that a denial should be made as to all or part of the request.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 22-12-077, § 16-565-085, filed 5/28/22, effective 6/28/22.

Wash. Admin. Code § 16-565-090 Fees—Inspection and copying.

(1) No fee will be charged for the inspection of public records.

(3) The commission may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120. For all copying or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable within 15 days of receipt of invoice payable to the Washington state cranberry commission. The commission may require that all charges be paid in advance of release of the copies of the records.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 23-11-137, § 16-565-090, filed 5/23/23, effective 6/23/23
WSR 22-12-077, § 16-565-090, filed 5/28/22, effective 6/28/22.

Wash. Admin. Code § 16-565-095 Exemptions.

(1) Production or sales records required to determine assessment levels and actual assessment payments to the commission under chapter 15.65 RCW (reference RCW 42.56.380(3)).

(2) Financial and commercial information and records supplied by persons:

(a) To the commission for the purpose of conducting a referendum for the establishment of the commission; or

(b) To the commission under chapter 15.65 RCW with respect to domestic or export marketing activities or individual producer's production information (reference RCW 42.56.380(5)).

(3) Lists of individuals requested for commercial purposes (reference RCW 42.56.070(9)).

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 22-12-077, § 16-565-095, filed 5/28/22, effective 6/28/22.

Wash. Admin. Code § 16-565-100 Review of denial of public records requests.

(1) Any person who objects to the initial denial of a request to copy or inspect public records may petition the commission for review of such decision by submitting a written request to the commission. The request shall specifically refer to the statement that constituted or accompanied the denial.

(2) The commission's executive director or designee shall immediately consider the matter and either affirm or reverse the denial within 10 business days following the commission's receipt of the written request for review of the original denial.

(4) Any person may obtain court review of a denial of a public records request under RCW 42.56.550.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 22-12-077, § 16-565-100, filed 5/28/22, effective 6/28/22.

Wash. Admin. Code § 16-565-105 Records index.

The commission shall establish a records index, which shall be made available for public review. The index includes the following records:

(1) Commission authorizing statute;

(2) Commission marketing order;

(3) Minutes of commission meetings;

(4) Commission board roster; and

(5) List of research projects.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 22-12-077, § 16-565-105, filed 5/28/22, effective 6/28/22.

Chapter 16-573 Oilseeds commission.

Wash. Admin. Code § 16-573-005 Marketing order for Washington oilseeds—Policy statement.

(1) The marketing of canola, rapeseed, and mustard (oilseeds) within this state is in the public interest. It is vital to the continued economic well-being of citizens of this state and their general welfare that its canola, rapeseed, and mustard (oilseeds) industry be properly promoted by:

(a) Enabling producers of canola, rapeseed, and mustard (oilseeds) to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standardizing of the oilseeds they produce; and

(b) Working towards stabilizing the agricultural industry by increasing production of oilseeds within the state.

(2) That it is in the overriding public interest that support for the oilseed industry be clearly expressed, that adequate protection be given to the industry and its activities and operations, and that oilseeds be promoted individually and as part of a comprehensive agricultural industry to:

(a) Enhance the reputation and image of Washington state's oilseeds;

(b) Increase the sale and use of Washington state's oilseeds in local, domestic, and foreign markets;

(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production of Washington state's oilseeds;

(d) Increase the knowledge of the qualities and value of Washington state's oilseed products; and

(e) Support and engage in programs or activities that benefit the planting, production, harvesting, handling, processing, marketing, and uses of oilseeds produced in Washington state.

(3) The director is authorized to implement, administer, and enforce chapter 15.65 RCW through the adoption of this marketing order.

(4) The Washington state oilseeds commodity board exists primarily for the benefit of the people of the state of Washington and its economy and, with oversight by the director, the board is authorized to speak on behalf of Washington state government with regard to oilseeds under the provisions of this marketing order.

History

Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-06-050, § 16-573-005, filed 2/27/14, effective 3/30/14.

Wash. Admin. Code § 16-573-010 Definitions.

The following definitions for terms used in this chapter must be interpreted as consistent with the definitions in chapter 15.65 RCW, Washington state agricultural commodity boards.

"Act" means the Washington State Agriculture Enabling Act or chapter 15.65 RCW.

"Affected area" means the state of Washington.

"Affected unit" means one hundred pounds (hundredweight) of oilseeds as defined in this section.

"Board" means the oilseeds commodity board formed under WAC 16-573-020.

"Commercial quantity" means all oilseeds produced for market in any calendar year by any producer.

"Commission" means the Washington oilseeds commission.

"Department" means the department of agriculture of the state of Washington.

"Director" means the director of agriculture of the state of Washington or the director's duly appointed representative.

"Disclosure" means inspection or copying.

"Handler" means any person who acts as principal or agent or otherwise in processing, selling, marketing or distributing oilseeds not produced by the handler and includes any lending agencies for a commodity credit corporation loan to producers. For the purposes of this chapter, a handler is the same as an "affected handler" under chapter 15.65 RCW. Handler does not include a common carrier used to transport an agricultural commodity. "To handle" means to act as a handler.

"Marketing season" or "fiscal year" means the twelve-month period beginning on June 1st of any year and ending with the last day of May, both dates being inclusive.

"Oilseeds" means any of the Brassica Sp. oilseeds (canola and rapeseed) and all mustards, produced for use as oil, meal, planting seed, condiment, or other industrial or chemurgic uses.

"Person" means any individual, firm, association, corporation, limited liability company, trust, partnership, society, or any other organization of individuals or any unit or agency of local or state government.

"Producer" means any person who produces, or causes to be produced, in commercial quantities, oilseeds in the state of Washington. "To produce" means to act as a producer. For the purposes of this order, a "producer" is the same as an "affected producer" under chapter 15.65 RCW.

"Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter or trade.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-031, § 16-573-010, filed 2/8/17, effective 3/11/17. Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-06-050, § 16-573-010, filed 2/27/14, effective 3/30/14. Statutory Authority: Chapter 15.65 RCW. WSR 98-04-093, § 16-573-010, filed 2/4/98, effective 6/1/98.

Wash. Admin. Code § 16-573-020 The oilseeds board.

(1) Administration. The provisions of this order and the applicable provisions of the act is administered and enforced by the oilseeds board as the designee of the director.

(2) Board membership.

(a) The board shall consist of seven members as follows:

Position 1 is appointed by the director and must be a producer.

Position 2 is appointed by the director and must be a producer.

Position 3 is elected by the producers and must be a producer.

Position 4 is elected by the producers and must be a producer.

Position 5 is elected by the producers and must be a producer.

Position 6 is appointed by the director and must be a handler.

Position 7 is appointed by the director to represent the department and the public and must be neither a producer nor a handler.

(b) Transition to amended marketing order: The position numbers under the prior marketing order correspond to the positions under the amended marketing order as follow:

| Prior Marketing Order Position | Amended Marketing Order Position | | | | --- | --- | --- | --- | | 1 | | 1 | | | 2 | | 2 | | | 3 | | 3 | | | 4 | | Eliminated | | | 5 | | 4 | | | 6 | | 5 | | | 7 | | 6 | | | 8 | | 7 | |

(c) Board members elected or appointed under the prior marketing order shall continue to serve their respective terms, provided that thirty days from the effective date of this amended marketing order, the board shall forward to the director the names of the board members elected or appointed to position 1, 2, and 6 under this amended marketing order, whereupon the director will appoint the members to serve their respective terms. The qualifications required for each position under this amended marketing order become effective upon expiration of any terms starting under the prior marketing order. Any vacancies on the effective date of this amended marketing order must be filled in conformance with this amended marketing order.

(3) Board membership qualifications.

(a) At the time of election or appointment to the board, the producer members of the board must be actually engaged in producing oilseeds in the state of Washington; citizens and residents of the state; over the age of eighteen years; and not handlers or dealers of oilseeds. Further, the producer members must have derived a substantial portion of income from actually producing oilseeds in Washington during the preceding five-year period.

(b) At the time of appointment to the board, the handler member of the board must be actually engaged in handling oilseeds in the state of Washington, either individually or as an officer or an employee of a corporation, firm, partnership, association or cooperative; a citizen and resident of this state; and over the age of eighteen years. Further, the handler member must have derived a substantial portion of income from actually handling oilseeds in Washington during the preceding five-year period.

(4) Term of office. The term of office for members of the board is three years beginning under this amended marketing order as follows:

Positions 1 and 3: First term expires May 31, 2014;

Positions 2 and 4: First term expires May 31, 2015;

Positions 5 and 6: First term expires May 31, 2016.

(5) Nomination of board members.

(a) Each year the director shall call for nomination meetings for board position terms that are about to expire, regardless of whether the position is elected or director appointed. The meeting(s) must be held at least thirty days in advance of the date set by the director for the election or advisory vote.

(b) Notice of a nomination meeting must be published in newspapers of general circulation within the affected area at least ten days in advance of the date of the meeting and in addition, written notice of every meeting must be given to all affected producers according to the list maintained by the board pursuant to RCW 15.65.295.

(c) A finding that an interested person did not receive notice will not invalidate the proceedings at the nomination meeting.

(d) Any producer may nominate a qualified producer orally for membership on the board at the nomination meeting. Nominations may also be by written petition signed by at least five producers and filed with the director within five days after the nomination meeting.

(e) If the board moves and the director approves that the nomination meeting procedure be waived, the director shall give notice of the vacancy by mail to all producers. Nominating petitions for producers or handlers must be signed by at least five affected producers or handlers, as applicable. The final date for filing nominations must be at least twenty days after the notice was mailed.

(f) When only one nominee is nominated for any position, RCW 15.65.250 applies and the director shall determine whether the nominee meets the qualifications for the position and, if so, declare the nominee elected or appoint the nominee to the position.

(6) Election or advisory vote of board members.

(a) Elections and advisory votes must be conducted by secret mail ballot within the month of April under the supervision of the director. Elected producer members of the board must be elected by a majority of the votes cast by the producers. Each producer is entitled to one vote.

(b) If a nominee does not receive a majority of the votes on the first ballot a runoff election must be held by mail in a similar manner between the two candidates for the position receiving the largest number of votes.

(c) If more than two candidates are nominated for any director-appointed producer or handler board member position, an advisory vote must be conducted under RCW 15.65.243. The names of the two candidates receiving the most votes in the advisory vote shall be forwarded to the director for potential appointment to the board. If only two candidates are nominated for a board position, an advisory vote may not be held and the candidates' names shall be forwarded to the director for potential appointment.

(d) Notice of every election or advisory vote for board membership must be published in a newspaper of general circulation within the affected area at least ten days in advance of the date of the election or advisory vote. At least ten days before every election for board membership, the director shall mail a ballot of the candidates to each producer entitled to vote whose name appears upon the list of the producers maintained by the board pursuant to RCW 15.65.295. Any other producer entitled to vote may obtain a ballot by application to the director upon establishing their qualifications.

(e) A finding that a producer did not receive a ballot will not invalidate the election or advisory vote of any board member.

(7) Vacancies.

(a) In the event of a vacancy on the board in an elected position, the remaining members shall select a qualified person to fill the unexpired term. The appointment shall be made at the first or second board meeting after the position becomes vacant.

(b) In the event of a vacancy in a director-appointed position, the remaining board members will recommend to the director a qualified person for appointment to the vacant position. The director will appoint the person recommended by the board unless the person fails to meet the qualifications of board members under RCW 15.65 and this order.

(8) Quorum. A majority of the members is a quorum for the transaction of all business and to execute the duties of the board.

(9) Board compensation. No board member will receive any salary or other compensation, but each member may be compensated for each day in actual attendance at or traveling to and from meetings of the board or on special assignment for the board, in accordance with RCW 43.03.230 together with travel expenses in accordance with RCW 43.03.050 and 43.03.060. The board may adopt by resolution a provision for reimbursement of actual travel expenses incurred by members and employees of the board in carrying out the provisions of this marketing order pursuant to RCW 15.65.270.

(10) Powers and duties of the board. The board shall have the following powers and duties:

(a) To administer, enforce and control the provisions of this order as the designee of the director.

(b) To elect a chair and other officers as the board deems advisable.

(d) To pay only from moneys collected as assessments or advances thereon the costs arising in connection with the formulation, issuance, administration and enforcement of the order. The expenses and costs may be paid by check, draft or voucher in the form and the manner and upon the signature of the person as the board may prescribe.

(e) To reimburse any applicant who has deposited money with the director to defray the costs of formulating the order.

(f) To establish an "oilseed board marketing revolving fund" and to deposit the fund in a bank or banks or financial institution or institutions, approved for the deposit of state funds, in which all money received by the board, except as the amount of petty cash for each day's needs, not to exceed one hundred dollars, shall be deposited each day or as often during the day as advisable.

(g) To keep or cause to be kept in accordance with accepted standards of good accounting practice accurate records of all assessments, collections, receipts, deposits, withdrawals, disbursements, paid outs, moneys and other financial transactions made and done under this order. The records, books and accounts must be audited subject to procedures and methods lawfully prescribed by the state auditor. The books and accounts must be closed as of the last day of each fiscal year of the commission. A copy of the audit shall be delivered within thirty days after completion to the governor, the director, the state auditor and the board.

(h) To require a bond of all board members and employees of the board in a position of trust in the amount the board may deem necessary. The premium for the bond or bonds must be paid by the board from assessments collected. The bond may not be necessary if any board member or employee is covered by any blanket bond covering officials or employees of the state of Washington.

(i) To prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of the order during each fiscal year.

(j) To establish by resolution a headquarters which shall continue unless changed by the board. All records, books and minutes of board meetings must be kept at the headquarters.

(k) To adopt rules of a technical or administrative nature, under chapter 34.05 RCW (Administrative Procedure Act).

(l) To execute RCW 15.65.510 covering the obtaining of information necessary to effectuate the order and the act, along with the necessary authority and procedure for obtaining the information.

(o) To work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes provided in this order.

(p) To enter into contracts and interagency agreements with any private or public agency, whether federal, state, or local. Purchasing and contracting must comply with chapter 39.26 RCW.

(q) To accept and expend or retain any gifts, bequests, contributions, or grants from private persons or private and public agencies.

(r) To enter into contracts of agreements for research in the production, irrigation, processing, transportation, marketing, use, or distribution of oilseeds.

(s) To engage in appropriate fund-raising activities for the purpose of supporting activities authorized by this order.

(t) To participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, irrigation, manufacture, regulation, transportation, distribution, sale, or use of oilseeds including activities authorized under RCW 42.17A.635, including the reporting of those activities to the public disclosure commission.

(u) To maintain a list of names and addresses of producers that may be compiled from information used to collect assessments under the provisions of this marketing order and data on the value of each producer's production for a minimum three-year period pursuant to RCW 15.65.280.

(v) To maintain a list of names and addresses of all persons who produce oilseeds and the amount, by unit of oilseeds produced during the past three years pursuant to RCW 15.65.295.

(w) To establish a foundation using commission funds as grant money for the purposes established in this marketing order.

(x) To execute any other grant of authority or duty provided designees and not specifically set forth in this section.

(11) Procedures for board.

(a) The board shall hold regular meetings, at least quarterly, with the time and date fixed by resolution of the board and held in accordance with chapter 42.30 RCW (Open Public Meetings Act). The board shall file notice of the time and place of regular meetings with the code reviser on or before January of each year for publication in the state register. The board shall publish notice of any change from such meeting schedule in the state register for distribution at least twenty days prior to the rescheduled meeting date.

(b) The board shall hold an annual meeting, at which time an annual report will be presented. The proposed budget must be presented for discussion at the meeting. The board must give notice of the annual meeting at least ten days prior to the meeting by written notice to each producer.

(c) The board shall establish by resolution the time, place, and manner of calling special meetings of the board with reasonable notice to the members. Any board member may waive, in writing, notice of any special meeting. Notice of special meetings must comply with chapter 42.30 RCW.

History

Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-06-050, § 16-573-020, filed 2/27/14, effective 3/30/14. Statutory Authority: Chapter 15.65 RCW. WSR 98-04-093, § 16-573-020, filed 2/4/98, effective 6/1/98.

Wash. Admin. Code § 16-573-030 Marketing order purposes.

This marketing order is to promote the general welfare of the state and for the purpose of maintaining existing markets or creating new or larger local, domestic and foreign markets; or increasing production efficiency, ensuring a fair regulatory environment; or increasing per capita use of oilseed products grown in Washington state. The Washington state oilseeds board is designated by the director to conduct the following programs in accordance with chapter 15.65 RCW:

(1) Establish plans and conduct programs for marketing, sales, promotion or other programs for maintaining present markets or creating new or larger markets for oilseeds. The programs shall be directed toward increasing the sale of oilseeds without reference to any particular brand or trade name and shall neither make use of false or unwarranted claims in behalf of oilseeds nor disparage the quality, value, sale or use of any other agricultural commodity.

(2) Provide for research in the production, processing, irrigation, transportation, handling or distribution of oilseeds and expend the necessary funds for such purposes. Insofar as practicable, the research must be carried out by Washington State University, but if in the judgment of the board the Washington State University does not have adequate facilities for a particular project or if some other research agency has better facilities, the project may be carried out by other research agencies selected by the board.

(3) Provide for the prevention, modification or removal of trade barriers which obstruct the free flow of the affected commodity to market.

(4) Conduct programs for the purpose of providing information and education including:

(a) Marketing information and services for producers of oilseeds for the verification of grades, standards, weights, tests and sampling of quality and quantity of oilseeds purchased by handlers from producers;

(b) Information and services enabling producers to meet their resource conservation objectives;

(5) Subject to the provisions of the act, provide information and communicate on matters pertaining to the production, irrigation, processing, transportation, marketing, or uses of oilseeds produced in Washington state to any elected official or officer or employee of an agency.

(6) The director shall approve any plans, programs, and projects concerning:

(a) The establishment, issuance, effectuation and administration of programs authorized under this section for advertising and promotion of oilseeds.

(b) The establishment and effectuation of market research projects, market development projects, or both to the end that marketing and utilization of oilseeds may be encouraged, expanded, improved, or made more efficient.

(7) Prohibit making or publishing false or misleading advertising. The regulation may authorize uniform trade practices applicable to all similarly situated handlers and, or other persons.

History

Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-06-050, § 16-573-030, filed 2/27/14, effective 3/30/14. Statutory Authority: Chapter 15.65 RCW. WSR 98-04-093, § 16-573-030, filed 2/4/98, effective 6/1/98.

Wash. Admin. Code § 16-573-040 Assessments and collections.

(1) Assessments.

(a) The assessment on all varieties of oilseeds subject to this marketing order shall be ten cents per hundredweight and shall be deducted by the first purchaser from the price paid to the grower. The assessment shall be remitted to the board in accordance with procedures adopted by the board.

(b) The assessments shall not be payable on any oilseeds used by the producer on their premises for feed, seed and personal consumption.

(2) Collections. Excess moneys collected by the board under this order during the fiscal year may be carried over and used during the next successive fiscal year. The board may also recommend that excess moneys at the close of a fiscal year be refunded on a pro rata basis to the producers from whom the moneys were collected.

(3) Penalties. Any due and payable assessment levied in the specified amount as may be determined by the board under the act and this order is a personal debt of the person assessed or who owes the debt, and it is due and payable to the board when payment is called for by the board. If a person fails to pay the board the full amount of the assessment by the date due, the board may add to the unpaid assessment or sum an amount not exceeding ten percent of the amount owed. In the event of failure of the person or persons to pay the full amount due, the board may bring a civil action against the person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent, and the action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

History

Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-06-050, § 16-573-040, filed 2/27/14, effective 3/30/14. Statutory Authority: Chapter 15.65 RCW. WSR 98-04-093, § 16-573-040, filed 2/4/98, effective 6/1/98.

Wash. Admin. Code § 16-573-041 Time—Place—Method for payment and collection of assessments.

Effective with the growing season of 1998, the following procedure is established for the reporting and paying of assessments levied pursuant to RCW 15.65.410 and WAC 16-573-040:

(1) All first handlers of oilseeds grown in the state of Washington, or the person acting on behalf of a first buyer, shall withhold the amount of assessment from their remittance to growers of oilseeds and transmit it to the board.

(2) All assessments will be due and payable to the board within thirty days of collection. With the submission of the assessments, a report listing the name, address, volume handled or purchased and amount deducted or collected for each producer must be submitted to the board on forms provided by or approved by the board.

(3) Any assessments paid after the above deadlines shall be accompanied by a penalty fee of ten percent in accordance with RCW 15.65.440 of the act.

History

Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-06-050, § 16-573-041, filed 2/27/14, effective 3/30/14. Statutory Authority: Chapter 15.65 RCW. WSR 98-04-093, § 16-573-041, filed 2/4/98, effective 6/1/98.

Wash. Admin. Code § 16-573-050 Obligations of the board.

History

Statutory Authority: Chapter 15.65 RCW. WSR 98-04-093, § 16-573-050, filed 2/4/98, effective 6/1/98.

Wash. Admin. Code § 16-573-051 Description of commission, address, and telephone number of the Washington oilseeds commission.

Headquartered in Kennewick at 6601 W. Deschutes Ave., Suite C-2, Kennewick, WA 99336, the Washington oilseeds commission serves Washington oilseed producers by supporting the oilseed industry in the areas of research and marketing. The telephone number is 509-585-5460.

History

Statutory Authority: RCW 15.65.050 and chapter 34.05 RCW. WSR 19-02-062, § 16-573-051, filed 12/28/18, effective 1/28/19. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-031, § 16-573-051, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-573-052 Public records officer.

(1) The commission's public records shall be in the charge of the public records officer designated by the commission. The commission or its executive director may appoint a temporary public records officer to serve during the absence of the designated records officer. The public records officer shall be responsible for implementing the commission's rules regarding disclosure of public records, coordination of staff regarding disclosure of public records, and generally insuring compliance by staff with public records disclosure requirements.

(2) The name of the commission's current public records officer is on file with the office of the code reviser in accordance with RCW 42.56.580 and is published in the Washington State Register.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-031, § 16-573-052, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-573-053 Request for public records.

(1) All requests for disclosure of public records must be submitted in writing directly to the commission's public records officer by mail to Washington oilseeds commission, 6601 W. Deschutes Ave., Suite C-2, Kennewick, WA 99336. The request may also be submitted by fax to 509-585-2671 or by email to: shanej@agmgt.com. The written request must include:

(a) The name, address, and telephone number or other contact information of the person requesting the records;

(b) The calendar date on which the request is made; and

(a) Public records made available for inspection may not be removed from the area the commission makes available for inspection;

(b) Inspection of any public record will be conducted in the presence of the public records officer or designee;

History

Statutory Authority: RCW 15.65.050 and chapter 34.05 RCW. WSR 19-02-062, § 16-573-053, filed 12/28/18, effective 1/28/19. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-031, § 16-573-053, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-573-054 Response to public records requests.

(1) The public records officer shall respond to public records requests within five business days by:

(a) Making the records available for inspection or copying;

(b) Providing a link or address for a record available on the internet under RCW 42.56.520;

(c) Acknowledging receipt of the request and providing a reasonable estimate of the time the commission will require to respond to the request;

(d) Sending the copies to the requestor if copies are requested and payment of a deposit for the copies is made or terms of payment have been agreed upon; or

(2) Additional time to respond to the request may be based upon the need to:

(a) Clarify the intent of the request;

(b) Locate and assemble the information requested;

(d) Determine whether any of the information requested is exempt from disclosure and that a denial should be made as to all or part of the request.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-031, § 16-573-054, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-573-055 Fees—Inspection and copying.

(1) No fee will be charged for the inspection of public records.

(3) The commission may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120. For all copying or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable within fifteen days of receipt of invoice payable to the Washington oilseeds commission. The commission may require that all charges be paid in advance of release of the copies of the records.

(4) The commission or its designee may waive any of the foregoing copying costs.

History

Statutory Authority: Chapters 42.56 and 34.05 RCW. WSR 18-06-097, § 16-573-055, filed 3/7/18, effective 4/7/18. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-031, § 16-573-055, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-573-056 Exemptions.

(1) Production or sales records required to determine assessment levels and actual assessment payments to the commission under chapter 15.65 RCW (reference RCW 42.56.380(3)).

(2) Financial and commercial information and records supplied by persons:

(a) To the commission for the purpose of conducting a referendum for the establishment of the commission; or

(b) To the commission under chapter 15.65 RCW with respect to domestic or export marketing activities or individual producer's production information (reference RCW 42.56.380(5)).

(3) Lists of individuals requested for commercial purposes (reference RCW 42.56.070(9)).

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-031, § 16-573-056, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-573-057 Review of denial of public records requests.

(4) Any person may obtain court review of a denial of a public records request under RCW 42.56.550.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-031, § 16-573-057, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-573-058 Records index.

The commission shall establish a records index, which shall be made available for public review. The index includes the following records:

(1) Commission authorizing statute;

(2) Commission marketing order;

(3) Minutes of commission meetings;

(4) Commission board roster; and

(5) List of research projects.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-031, § 16-573-058, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-573-060 Termination of the order.

Termination shall be accomplished pursuant to RCW 15.65.183 through 15.65.193.

History

Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-06-050, § 16-573-060, filed 2/27/14, effective 3/30/14. Statutory Authority: Chapter 15.65 RCW. WSR 98-04-093, § 16-573-060, filed 2/4/98, effective 6/1/98.

Wash. Admin. Code § 16-573-080 Severability.

History

Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-06-050, § 16-573-080, filed 2/27/14, effective 3/30/14. Statutory Authority: Chapter 15.65 RCW. WSR 98-04-093, § 16-573-080, filed 2/4/98, effective 6/1/98.

Chapter 16-575 Wine commission.

Wash. Admin. Code § 16-575-005 Definitions.

"Commission" means the Washington wine commission.

History

Statutory Authority: RCW 15.88.070, 42.56.040, and chapter 34.05 RCW. WSR 18-16-035, § 16-575-005, filed 7/25/18, effective 8/25/18.

Wash. Admin. Code § 16-575-010 Time—Place—Method for payment and collection of assessments.

Effective with the growing season of 1990, the following procedure is established for the reporting and paying of the assessment of three dollars per ton of vinifera grapes harvested, levied pursuant to RCW 15.88.130:

(1) All first handlers of vinifera grapes for resale or for processing shall withhold the amount of the assessment from their remittance to growers and transmit same to the commission. All such assessments accumulated will be due and payable to the commission on or before December 31 of each year. First handlers shall submit to the commission on or before December 31 of each year, a report listing the name, address, tons of vinifera grapes handled or purchased, and amount deducted or collected for each grower on forms provided by the commission.

(2) All growers selling vinifera grapes for export, shall pay the assessment directly to the commission, on or before December 31 of each year. Such growers shall submit to the commission on or before December 31 of each year, a report listing the name and address of the exporter, tons sold, and assessment due, on forms provided by the commission.

History

Statutory Authority: RCW 15.88.130. WSR 90-23-042, § 16-575-010, filed 11/15/90, effective 12/16/90.

Wash. Admin. Code § 16-575-015 Rate of assessment—Method of adjustment—Notice.

(1) Beginning on July 1, 2007, the assessment rate for vinifera grapes grown in this state shall not be less than three dollars per ton nor more than twelve dollars per ton. The assessment rate for wine producers shall not be less than $0.02 per gallon nor more than $0.08 per gallon. The Washington wine commission may adjust the assessment amount levied on wine producers and grape growers as needed to fund necessary commission activities. Provided, that any adjustment in the assessment rate by the commission be levied in an equal and proportional manner upon both the wine producers and grape growers. In determining whether to adjust the assessment amount the commission shall consider the following factors:

(a) The commission's budgetary needs, including but not limited to a qualitative and quantitative review of programs carried out in the preceding year by the commission. This review should consider whether the program met its goals, benchmarks and objectives and whether the program constitutes the best use of the wine commission's finite resources;

(b) Projected grape production;

(d) Changes in the industry outside the control of the wine commission.

(2) The commission shall provide grape growers and wine producers notice of changes in assessment rates in a timely and reasonable manner and in no instance shall the notice be less than thirty days from the date the assessment is due.

History

Statutory Authority: RCW 15.88.110, 66.24.215 and chapter 34.05 RCW. WSR 07-08-079, § 16-575-015, filed 4/2/07, effective 5/3/07. Statutory Authority: Chapter 15.88 RCW and 1997 c 303. WSR 99-12-104, § 16-575-015, filed 6/2/99, effective 7/3/99.

Wash. Admin. Code § 16-575-020 Penalties.

Any due and payable assessment herein levied in such specified amount as may be determined by the commission pursuant to the provisions of the act and the order, shall constitute a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the commission on December 31 of each year.

In the event any person fails to pay the commission the full amount of such assessment or such other sum on or before the date due, the commission may, and is hereby authorized to, add to such unpaid assessment or sum an amount not exceeding ten percent of the same to defray the cost of enforcing the collection of the same.

In the event of failure of such person or persons to pay any such due and payable assessment or other such sum, the commission may bring a civil action against such person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

History

Statutory Authority: RCW 15.88.130. WSR 90-23-042, § 16-575-020, filed 11/15/90, effective 12/16/90.

Wash. Admin. Code § 16-575-030 Washington wine commission—Travel reimbursement policy.

(1) Except as provided in subsection (9) of this section, all travel by commissioners and by commission staff must be approved in advance of departure.

(2) Except as provided in subsection (9) of this section, each commissioner or commission employee expecting to travel on official wine commission business shall prepare a detailed, written description of the purpose of the proposed trip together with an estimate of expenses to be incurred for transportation, lodging, meals, promotional hosting, and all other costs which they expect to incur in connection with such travel.

(3) Reimbursement for transportation expenses shall be at actual cost subject to the following limitations. Air travel must be on US carriers if available. No business or first class air travel will be approved or reimbursed. If a commissioner or commission employee uses their automobile for transportation, mileage shall be reimbursed at the current rate established by the Internal Revenue Service for business travel.

(4) Reimbursement for lodging expenses shall be at actual cost up to a maximum of 200 percent of the per diem lodging rates for U.S. federal agency employees established by the U.S. General Services Administration.

(5) Reimbursement for meals shall be at actual cost, provided that such costs are reasonable for the particular market in which the expense is incurred.

(6) Travel by commissioners and by the executive director of the Washington wine commission must be approved in advance by the chairperson of the commission. Travel by other commission staff must be approved in advance by the executive director of the commission.

(7) Each person traveling on official commission business shall submit a written request for reimbursement within 45 days after returning to the office from such trip. Written receipts for each expense in excess of $25 for which reimbursement is requested must accompany the reimbursement request. Expenses will not be reimbursed unless such a request, accompanied by receipts where required, is timely submitted.

(8) Expenses which have not been approved in advance will not be reimbursed unless the employee establishes, to the satisfaction of the person who reviewed and approved the estimated expenses, that the expense was both unanticipated and reasonably incurred.

(9) No advance approval of estimated travel expenses is required for attendance at a regular or special meetings of the commission or a committee thereof within the state of Washington. If attendance at such a meeting requires the commissioner/employee to travel at least 100 miles from their usual place of business, they are entitled to be reimbursed for the actual cost of one night's lodging, subject to the limits set forth in subsection (4) of this section. They are also entitled to reimbursement for costs of transportation and meals as provided in subsections (3) and (5) of this section.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 25-09-011, s 16-575-030, filed 4/3/25, effective 5/4/25. Statutory Authority: Chapter 15.88 RCW. WSR 03-01-048, § 16-575-030, filed 12/10/02, effective 1/10/03.

Wash. Admin. Code § 16-575-040 Rules for implementation of promotional hosting by the Washington wine commission.

RCW 15.04.200 provides that agricultural commodity commissions shall adopt rules governing promotional hosting expenditures by agricultural commodity commission employees, agents, or commissioners. "Promotional hosting" means the hosting of individuals or groups of individuals at meetings, meals, events, tours, or other gatherings for the purpose of agricultural development, trade promotion, cultivating trade relations, or in the aid of the marketing, advertising, or sale of Washington state wine or wine grapes.

The rules governing promotional hosting expenditures for the Washington wine commission shall be as follows:

(1) Budget approval. Commission expenditures for agricultural development, trade promotion, and promotional hosting shall be pursuant to specific budget items in the commission's annual budget as approved by the commission and the director.

(2) Officials and agents authorized to make expenditures. The following officials and agents are authorized to make expenditures for agricultural development, trade promotion, and promotional hosting in accordance with the provisions of these rules:

(a) Commissioners;

(b) Executive director;

(a) Name and position (if appropriate) of each person hosted, provided that in a group of ten or more persons, then only the name of the group hosted shall be required;

(b) General purpose of the hosting;

(d) Location of the hosting;

(e) To whom payment was or will be made;

(f) Signature of person seeking payment or reimbursement.

(4) The chair of the commission, executive director, and commission staff, as authorized in writing by the executive director, are authorized to approve direct payment or reimbursements submitted in accordance with these rules: Provided, That the chair, executive director, and commission staff are not authorized to approve their own vouchers.

(5) The following persons may be hosted when it is reasonably believed such hosting will promote agricultural development, promote trade, cultivate trade relations, or aid in the marketing, advertising, or sale of Washington state wine or wine grapes: Provided, That such hosting shall not violate federal or state conflict of interest laws:

(a) Individuals from private business, associations, commissions, and accompanying staff and interpreter(s);

(b) Members of the media and accompanying staff and interpreter(s);

(d) Federal, state, or local officials: Provided, That lodging, meals, and transportation will not be provided when such officials may obtain full reimbursement for these expenses from their government employer;

(e) The general public, at meetings or gatherings open to the general public;

(f) Commissioners and employees of the commission when their attendance at meetings, meals, and gatherings at which the persons described in (a) through (e) of this subsection are being hosted, will promote agricultural development, promote trade, cultivate trade relations, or aid in the marketing, advertising, or sale of Washington state wine or wine grapes;

(g) Spouses, partners, or significant others of the persons listed in (a), (b), (c), (d), and (f) of this subsection when attendance of such spouse, partner, or significant other is customary and expected or will serve to promote agricultural development, promote trade, cultivate trade relations, or aid in the marketing, advertising, or sale of Washington state wine or wine grapes.

History

Statutory Authority: RCW 15.04.200, chapters 15.88 and 34.05 RCW. WSR 11-01-003, § 16-575-040, filed 12/2/10, effective 1/2/11.

Wash. Admin. Code § 16-575-050 Description of commission, address and telephone number of the Washington wine commission.

Headquartered at:

Washington Wine Commission

1201 Western Avenue, Suite 450

Seattle, WA 98101-3402

Phone: 206-326-5759

The Washington wine commission serves Washington wine producers and wine grape growers by engaging directly or indirectly in the promotion of Washington wine.

History

Statutory Authority: RCW 15.88.070, 42.56.040, and chapter 34.05 RCW. WSR 18-16-035, § 16-575-050, filed 7/25/18, effective 8/25/18.

Wash. Admin. Code § 16-575-055 Public records officer.

(1) The commission's public records shall be in the charge of the public records officer designated by the commission. The commission or its executive director may appoint a temporary public records officer to serve during the absence of the designated records officer. The public records officer shall be responsible for implementing the commission's rules regarding disclosure of public records, coordination of staff regarding disclosure of public records, and generally insuring compliance by staff with public records disclosure requirements.

(2) The name of the commission's current public records officer is on file with the office of the code reviser and in accordance with RCW 42.56.580 and is published in the Washington State Register.

History

Statutory Authority: RCW 15.88.070, 42.56.040, and chapter 34.05 RCW. WSR 18-16-035, § 16-575-055, filed 7/25/18, effective 8/25/18.

Wash. Admin. Code § 16-575-060 Request for public records.

(1) All requests for disclosure of public records must be submitted in writing directly to the commission's public records officer by mail to:

Washington Wine Commission

1201 Western Avenue, Suite 450

Seattle, WA 98101-3402

The request may also be submitted by email to: Cchonette@washingtonwine.org. The written request must include:

(a) The name, address, and telephone number or other contact information of the person requesting the records;

(b) The calendar date on which the request is made; and

(a) Public records made available for inspection may not be removed from the area the commission makes available for inspection;

(b) Inspection of any public record will be conducted in the presence of the public records officer or designee;

History

Statutory Authority: RCW 15.88.070, 42.56.040, and chapter 34.05 RCW. WSR 18-16-035, § 16-575-060, filed 7/25/18, effective 8/25/18.

Wash. Admin. Code § 16-575-065 Response to public records requests.

(1) The public records officer shall respond to public records requests within five business days by:

(a) Making the records available for inspection or copying;

(b) Providing a link or address for a record available on the internet under RCW 42.56.520;

(c) Acknowledging receipt of the request and providing a reasonable estimate of the time the commission will require to respond to the request;

(d) Sending the copies to the requestor if copies are requested and payment of a deposit for the copies is made or terms of payment have been agreed upon; or

(2) Additional time to respond to the request may be based upon the need to:

(a) Clarify the intent of the request;

(b) Locate and assemble the information requested;

(d) Determine whether any of the information requested is exempt from disclosure and that a denial should be made as to all or part of the request.

History

Statutory Authority: RCW 15.88.070, 42.56.040, and chapter 34.05 RCW. WSR 18-16-035, § 16-575-065, filed 7/25/18, effective 8/25/18.

Wash. Admin. Code § 16-575-070 Fees—Inspection and copying.

(1) No fee will be charged for the inspection of public records.

(3) The commission may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120. For all copying or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable within fifteen days of receipt of the invoice and is payable to the Washington wine commission. The commission may require that all charges be paid in advance of release of the copies of the records.

(4) The commission or its designee may waive any of the foregoing copying costs.

History

Statutory Authority: RCW 15.88.070, 42.56.040, and chapter 34.05 RCW. WSR 18-16-035, § 16-575-070, filed 7/25/18, effective 8/25/18.

Wash. Admin. Code § 16-575-075 Exemptions.

(1) Production or sales records required to determine assessment levels and actual assessment payments to the commission under chapter 15.88 RCW (reference RCW 42.56.380(3));

(2) Financial and commercial information and records supplied by persons to the commission under chapter 15.88 RCW with respect to domestic or export marketing activities or individual producer's production information (reference RCW 42.56.380(5));

(3) Lists of individuals requested for commercial purposes (reference RCW 42.56.070);

History

Statutory Authority: RCW 15.88.070, 42.56.040, and chapter 34.05 RCW. WSR 18-16-035, § 16-575-075, filed 7/25/18, effective 8/25/18.

Wash. Admin. Code § 16-575-080 Review of denial of public records requests.

(1) Any person who objects to the initial denial of a request to copy or inspect public records may petition the commission for review of such decision by submitting a written request to the commission. The request shall specifically refer to the statement which constituted or accompanied the denial.

(4) Any person may obtain court review of a denial of a public records request under RCW 42.56.550.

History

Statutory Authority: RCW 15.88.070, 42.56.040, and chapter 34.05 RCW. WSR 18-16-035, § 16-575-080, filed 7/25/18, effective 8/25/18.

Wash. Admin. Code § 16-575-085 Records index.

The commission shall establish a records index, which shall be made available for public review.

History

Statutory Authority: RCW 15.88.070, 42.56.040, and chapter 34.05 RCW. WSR 18-16-035, § 16-575-085, filed 7/25/18, effective 8/25/18.

Chapter 16-585 Puget Sound salmon commission.

Wash. Admin. Code § 16-585-005 Marketing order for Puget Sound gillnet salmon—Policy statement.

(1) The marketing of Puget Sound gillnet salmon within this state is in the public interest. It is vital to the continued economic well-being of the citizens of this state and their general welfare that Puget Sound gillnet salmon be properly promoted by:

(a) Enabling producers of Puget Sound gillnet salmon to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standardizing of the Puget Sound gillnet salmon they produce; and

(b) Working towards stabilizing the agricultural industry by increasing consumption of Puget Sound gillnet salmon within the state, the nation, and internationally.

(2) That it is in the overriding public interest that support for the Puget Sound gillnet salmon industry be clearly expressed, that adequate protection be given to the industry and its activities and operations, and that Puget Sound gillnet salmon be promoted individually and as part of a comprehensive agricultural industry to:

(a) Enhance the reputation and image of Puget Sound gillnet salmon.

(b) Increase the sale and use of Puget Sound gillnet salmon in local, domestic, and foreign markets.

(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production of Puget Sound gillnet salmon.

(d) Increase the knowledge of the health-giving qualities and dietetic value of Puget Sound gillnet salmon and products.

(e) Support and engage in programs or activities that benefit the production, harvesting, handling, processing, marketing, and uses of Puget Sound gillnet salmon produced in Washington state.

(3) The director is authorized to implement, administer, and enforce chapter 15.65 RCW through the adoption of this marketing order.

(4) The Washington state Puget Sound salmon commodity board exists primarily for the benefit of the people of the state of Washington and its economy, and with oversight by the director, the board is authorized to speak on behalf of Washington state government with regard to Puget Sound gillnet salmon under the provisions of this marketing order.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-13-008, § 16-585-005, filed 6/3/05, effective 7/4/05.

Wash. Admin. Code § 16-585-006 Marketing order purposes.

This marketing order is to promote the general welfare of the state and for the purposes of maintaining existing markets or creating new or larger local, domestic, and foreign markets; increasing production efficiency; ensuring a fair regulatory environment; or increasing per capita consumption of Puget Sound gillnet salmon produced in Washington state. The Washington state Puget Sound salmon commodity board is designated by the director to conduct the following programs in accordance with chapter 15.65 RCW:

(1) Establish plans and conduct programs for marketing, labeling, sales, promotion, public relations, and consumer education, or other programs for maintaining present markets or creating new or larger markets for commercially harvested Puget Sound gillnet salmon and salmon products. Such programs shall be directed toward increasing the sale, improving the markets, or promoting Puget Sound gillnet salmon and salmon products without reference to any particular brand or trade name and shall neither make use of false or unwarranted claims on behalf of commercial Puget Sound gillnet salmon products nor disparage the quality, value, sale, or use of any other agricultural commodity. The board may also engage in cooperative efforts in the domestic or foreign marketing of Puget Sound gillnet salmon.

(2) Provide for research in the production, transportation, handling, management, harvest, harvest management, harvest selectivity, harvest regulation or proposed regulation, protection against harvest impact on habitat or other species, processing or marketing of commercial Puget Sound gillnet salmon products and expend the necessary funds for such purposes. Insofar as practicable, such research shall be carried on by experiment stations of Washington State University or the University of Washington, but if in the judgment of the board, said experiment stations do not have the facilities for a particular project or if some other research agency has better facilities therefore, the project may be carried out by other research agencies selected by the board.

(3) Conduct programs for the purpose of providing information and education including:

(a) Marketing information and services for affected producers of Puget Sound gillnet salmon for the verification of grades, standards, weights, tests, and sampling of quality and quantity of Puget Sound gillnet salmon purchased by handlers from affected producers.

(b) Information and services enabling affected producers to meet their resource conservation objectives.

(4) Investigate and take necessary action to prevent unfair trade practices and to correct where possible, trade practices which hinder marketing of Puget Sound gillnet salmon products.

(5) Allocation of assessments collected from affected producers shall be made by the board using the following formula:

(a) All operating costs will be borne by all affected producers.

(b) All programs, plans, research, and marketing deemed by the board to be in the collective best interest of all affected producers, regardless of Puget Sound gillnet salmon or salmon product produced, will be borne by all affected producers.

(6) Subject to the provisions of the act, provide information and communicate on matters pertaining to the production, processing, transportation, marketing, or uses of Puget Sound gillnet salmon produced in Washington state to any elected official or officer or employee of any agency.

(7) The director shall approve any plan, programs, and projects concerning:

(a) The establishment, issuance, effectuation, and administration of programs authorized under this section for marketing and promotion of Puget Sound gillnet salmon.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-13-008, § 16-585-006, filed 6/3/05, effective 7/4/05.

Wash. Admin. Code § 16-585-010 Definitions.

"Act" means the Washington Agricultural Commodity Boards Act or chapter 15.65 RCW.

"Affected area" means Western Washington.

"Affected commodity" means commercial quantities of Puget Sound gillnet salmon.

"Affected producer" means any person who is a commercial harvester of commercial quantities of Puget Sound gillnet salmon.

"Affected unit" means one pound landed weight of salmon.

"Commercial quantity" means any Puget Sound gillnet salmon produced for market.

"Commission" means the Puget Sound salmon commission.

"Department" means the department of agriculture of the state of Washington.

"Director" means the director of agriculture of the state of Washington or the director's duly appointed representative.

"Disclosure" means inspection or copying.

"Fiscal year" means the 12-month period beginning with July 1st of any year and ending with June 30th, both dates being inclusive.

"Handler" or "processor" shall mean those who purchase, process for market, or otherwise obtain from affected producers the affected commodity for further handling or sale in the course of commerce. "Handler" and "processor" include those who commercially harvest and then obtain from themselves, process, or further handle for subsequent direct sale to the public the affected commodity after having themselves produced that commodity as affected producers. "Handler" does not include a common carrier used to transport an agricultural commodity. "To handle" means to act as a handler.

"Order" means this marketing order.

"Process" means to prepare the affected commodity or product therefrom by filleting, heading, gutting, canning, cooking, smoking, fermenting, dehydrating, drying or packaging.

"Production area" means the waters of the state of Washington in and adjacent to the areas of Puget Sound, the San Juan Islands, Georgia Strait, and the Strait of Juan de Fuca east of Cape Flattery, or other lawful areas in which fishing is permitted pursuant to a Puget Sound commercial salmon gillnet license.

"Public records" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the department regardless of physical form or characteristics.

"Puget Sound gillnet salmon" means salmon and salmon products which have been harvested by affected producers in the production area pursuant to Puget Sound commercial salmon gillnet license or taken with gear lawfully permitted for use pursuant to Puget Sound commercial salmon gillnet license. "Puget Sound gillnet salmon" does not include privately farmed or cultivated salmon or salmon products nor salmon harvested pursuant to license issued by the various treaty Indian tribes. Nothing herein shall prevent the board from engaging in cooperative marketing of tribal and nontribal salmon.

"Puget Sound salmon commodity board" hereinafter referred to as "board" or "commission" means the commodity board formed under the provisions of this marketing order.

"Purchase" means obtain through sale, exchange, barter, or trade.

"Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade, whether directly or through agents.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 25-09-012, s 16-585-010, filed 4/3/25, effective 5/4/25. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-036, § 16-585-010, filed 2/8/17, effective 3/11/17. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-13-008, § 16-585-010, filed 6/3/05, effective 7/4/05. Statutory Authority: RCW 15.65.060 and 15.65.180. WSR 02-14-091, § 16-585-010, filed 7/1/02, effective 8/1/02. Statutory Authority: RCW 15.65.050 and chapter 16.65 WAC [ 15.65 RCW]. WSR 95-15-102, § 16-585-010, filed 7/19/95, effective 8/19/95.

Wash. Admin. Code § 16-585-020 Puget Sound salmon commodity board.

(1) Administration. The provisions of this marketing order and the applicable provisions of the act shall be administered and enforced by the board as the designee of the director.

(2) Board membership. The board shall consist of seven members, six of whom shall be affected producers appointed or elected as provided in this section. The director shall appoint one additional member to the board who is not an affected producer to represent the director. The position representing the director shall be a voting member.

(a) Director-appointed affected producer positions on the board shall be designated as position one, position two, and position three.

(b) Elected affected producer positions on the board shall be designated as position four, position five, and position six.

(3) Qualifications for board membership. The producer members of the board must be practical producers of the affected commodity and must be a citizen and resident of this state, over the age of 18 years. Each affected producer board member must be and have been actually engaged in producing such commodity within the state of Washington for a period of five years and has during that period derived a substantial portion of their income therefrom and who is not primarily engaged in business, directly or indirectly, as a handler or other dealer. The qualification of members of the board as herein set forth must continue during their terms of office.

(4) Term of office.

(a) The term of office for members of the board shall be three years. One-third of the membership as nearly as possible shall be appointed or elected each year.

(b) The term of office for the initial board members shall be as follows:

Positions one and four shall be for one year from the date of first election or until the first subsequent annual election is held.

Positions two and five shall be for two years from the date of first election or until the second subsequent annual election is held.

Positions three and six shall be for three years from the date of first election or until the third subsequent annual election is held.

(c) To accomplish the transition to a commodity board structure where the director appoints a majority of the board members, the names of the currently elected board members in positions one, two, and three shall be forwarded to the director for appointment within 30 days of the effective date of this amended marketing order.

(5) Nominations of elected or director-appointed board members. Each year the director shall call a nomination meeting for elected or director-appointed affected producer board members. The meeting(s) shall be held at least 30 days in advance of the date set by the director for the election or advisory vote of board members.

(a) Notice of every nomination meeting shall be published in a newspaper of general circulation within the affected area defined in this marketing order not less than 10 days in advance of the date of the meeting; and, in addition, written notice of every meeting shall be given to all affected producers according to the list maintained by the board pursuant to RCW 15.65.295.

(b) Nonreceipt of notice by any interested person shall not invalidate the proceedings at such nomination meeting.

(d) If the board moves and the director approves that the nomination meeting procedure be deleted, the director shall give notice of the open commission position(s) by mail to all affected producers. The notice shall call for nominations in accordance with this marketing order and shall give the final date for filing nominations which shall not be less than 20 days after the notice was mailed.

(e) When only one nominee is nominated by the affected producers for any position, RCW 15.65.250 shall apply.

(f) As authorized under RCW 15.65.680, the voting board may appoint up to two additional nonvoting members to serve in an advisory capacity from among producers, handlers or others with expertise in the Puget Sound salmon industry including, but not limited to, state and tribal fisheries partners. Advisory board member appointments are for a three-year period. A nonvoting advisory member may serve additional consecutive terms of office if reappointed by the board.

(6) Election or advisory vote of board members.

(a) An election or advisory vote shall be conducted by secret ballot under the supervision of the director. Each affected producer shall be entitled to one vote.

(b) Elected affected producer members of the board shall be elected during the month of February of each year by a majority of the votes cast by the affected producers. If a nominee does not receive a majority of the votes on the first ballot, a run-off election shall be held by mail in a similar manner between the two candidates for such position receiving the largest number of votes.

(c) An advisory vote shall be conducted for affected producer board members appointed by the director under the provisions of RCW 15.65.243 during the month of January of each year. The names of the two candidates receiving the most votes in the advisory vote shall be forwarded to the director for potential appointment to the board. In the event there are only two candidates nominated for a board position, an advisory vote may not be held and the candidates' names shall be forwarded to the director for potential appointment.

(d) Notice of every election or advisory vote for board membership shall be published in a newspaper of general circulation within the affected area defined in this marketing order not less than 10 days in advance of the date of the election or advisory vote. Not less than 10 days prior to every election or advisory vote for board membership, the director shall mail a ballot of the candidates to each affected producer entitled to vote whose name appears upon the list of such affected producers maintained by the board pursuant to RCW 15.65.295. Any other producer entitled to vote may obtain a ballot by application to the director upon establishing their qualifications.

(e) Nonreceipt of a ballot by any person entitled to vote shall not invalidate the election or advisory vote of a board member.

(7) Vacancies.

(a) In the event of a vacancy on the board in an elected position, the board shall appoint a qualified person to fill the unexpired term. The appointment shall be made at the board's first or second meeting after the position becomes vacant.

(b) In the event of a vacancy in a director-appointed position, the position shall be filled as specified in RCW 15.65.270.

(8) Quorum. A majority of the members shall constitute a quorum for the transaction of all business and the carrying out of all duties of the board.

(9) Board compensation. No member of the board shall receive any salary or other compensation, but each member may be compensated for each day in actual attendance at or traveling to and from meetings of the board or on special assignment for the board in accordance with RCW 43.03.230 together with travel expenses in accordance with RCW 43.03.050 and 43.03.060. The board may adopt, by resolution, provisions for reimbursement of actual travel expenses incurred by members of the board in carrying out the provisions of this marketing order pursuant to RCW 15.65.270. A board member may, in the discretion of the board, serve and be compensated as an employee of the commission.

(10) Powers and duties of the board. The board shall have the following powers and duties:

(a) To administer, enforce, and control the provisions of this order as the designee of the director;

(b) To elect a chairperson and other officers as it deems advisable;

(c) To employ and discharge at its discretion such assistance and personnel as the board determines necessary and proper to carry out the purpose of the order and to effectuate the policies of the act;

(d) To pay from moneys collected as assessments or advances thereon the costs arising in connection with the formulation, issuance, administration, and enforcement of the order and rules adopted under the order. Expenses may be paid by check, draft, or voucher in such form and in such manner and upon the signature of the person as the board may prescribe;

(e) To reimburse any applicant who has deposited funds with the director in order to defray the costs of formulating the order;

(f) To establish a fund to be deposited in a bank or banks or financial institution or institutions, approved for the deposit of state funds, in which all money received by the board, except the amount of petty cash for each day's needs, not to exceed $100, shall be deposited each day;

(g) To keep or cause to be kept in accordance with accepted standards of good accounting practice, accurate records of all assessments, disbursements, moneys, and other financial transactions made and done pursuant to this order. Records, books, and accounts shall be audited as provided in the act subject to procedures and methods lawfully prescribed by the state auditor. Books and accounts shall be closed as of the last day of each fiscal year. A copy of the audit shall be delivered within 30 days after the completion thereof to the governor, the director, the state auditor, and each member of the board;

(h) To require bond of board members and employees of the board in positions of trust in an amount the board deems necessary. Premiums for a bond or bonds shall be paid by the board from assessments collected. A bond shall not be necessary if any board member or employee is covered by any blanket bond covering officials or employees of the state of Washington;

(i) To prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of the order during each fiscal year. At least 60 days prior to the beginning of its fiscal year, the board shall prepare and submit to the director for approval its research plan, its commodity-related education and training plan, and its budget;

(k) To recommend to the director, administrative rules, orders and amendments thereto for the exercise of the director's power in connection with this marketing order;

(l) To carry out the provisions of RCW 15.65.510 covering the obtaining of information necessary to effectuate the provisions of this marketing order and the act, along with the necessary authority and procedure for obtaining such information;

(m) To bring actions or proceedings upon joining the director as a party for specific performance, restraint, injunction, or mandatory injunction against any person who violates or refuses to perform the obligations or duties imposed upon the person by the act or this order;

(n) To confer with and cooperate with the legally constituted authorities of other states of the United States for the purpose of obtaining uniformity in the administration of federal and state marketing regulations, licenses, agreements, or orders;

(o) To carry out any other grant of authority or duty provided designees and not specifically set forth in this section;

(p) To sue or be sued;

(q) To borrow money and incur indebtedness;

(r) To work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes provided in this order;

(s) To enter into contracts or interagency agreements with any private or public agency, whether federal, state, or local. Personal service contracts must comply with chapter 39.29 RCW;

(t) To accept and expend or retain any gifts, bequests, contributions, or grants from private persons or private and public agencies;

(u) To enter into contracts or agreements for research in the production, processing, transportation, marketing, use, or distribution of Puget Sound gillnet salmon;

(v) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of the commission. The retention of a private attorney is subject to review by the office of the attorney general;

(w) To engage in appropriate fund-raising activities for the purpose of supporting activities authorized by this marketing order;

(x) To participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, manufacture, regulation, transportation, distribution, sale, or use of Puget Sound gillnet salmon including activities authorized under RCW 42.17.190, including the reporting of those activities to the public disclosure commission;

(y) To maintain a list of the names and addresses of affected producers that may be compiled from information used to collect assessments under the provisions of this marketing order and data on the value of each affected producer's production for a minimum three-year period pursuant to RCW 15.65.280;

(z) To maintain a list of the names and addresses of persons who handle Puget Sound gillnet salmon within the affected area and data on the amount and value of the Puget Sound gillnet salmon handled for a minimum three-year period by each person pursuant to RCW 15.65.280;

(aa) To maintain a list of names and addresses of all affected persons who produce Puget Sound gillnet salmon and the amount, by unit, of Puget Sound gillnet salmon produced during the past three years pursuant to RCW 15.65.295;

(bb) To maintain a list of all persons who handle Puget Sound gillnet salmon and the amount of Puget Sound gillnet salmon handled by each person during the past three years pursuant to RCW 15.65.295;

(cc) To establish a foundation using commission funds as grant money for the purposes established in this marketing order pursuant to RCW 15.65.043.

(11) Procedures for board.

(a) The board shall hold regular meetings, at least semiannually, and such meetings shall be held in accordance with chapter 42.30 RCW (Open Public Meetings Act). Notice of the time and place of regular meetings shall be published on or before January of each year in the Washington State Register. Notice of any change to the meeting schedule shall be published in the state register at least 20 days prior to the rescheduled meeting date.

(b) The board shall hold an annual membership meeting, at which time an annual report will be presented. The proposed budget shall be presented for discussion at the meeting. Notice of the annual meeting shall be given by the board at least 10 days prior to the meeting by written notice to each producer and by notifying the regular news media.

(c) The board shall establish by resolution, the time, place, and manner of calling special meetings of the board with reasonable notice to the board members and affected producers. Notice for special meetings shall be in compliance with chapter 42.30 RCW.

History

Statutory Authority: RCW 15.24.035, 15.26.060, 15.28.023, 15.44.021, 15.65.240, 15.66.113, 15.88.050, 15.89.050, 15.115.060, 16.67.060, 43.01.160, and 43.23.025. WSR 25-09-012, s 16-585-020, filed 4/3/25, effective 5/4/25. Statutory Authority: RCW 15.65.047, 15.65.680, 42.56.040 and chapter 34.05 RCW. WSR 21-18-047, § 16-585-020, filed 8/25/21, effective 9/25/21. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-13-008, § 16-585-020, filed 6/3/05, effective 7/4/05. Statutory Authority: RCW 15.65.060 and 15.65.180. WSR 02-14-091, § 16-585-020, filed 7/1/02, effective 8/1/02. Statutory Authority: RCW 15.65.050 and chapter 16.65 WAC [ 15.65 RCW]. WSR 95-15-102, § 16-585-020, filed 7/19/95, effective 8/19/95.

Wash. Admin. Code § 16-585-040 Assessments and collections.

(1) The assessment on the affected commodity harvested in the production area shall be as follows: Two percent of the landed value of Puget Sound gillnet salmon shall be assessed to the producer.

(2) For the purpose of collecting assessments, the board may require the person subject to the assessment or the person responsible for collection of producer assessments to give adequate assurance or security for its collection or payment.

(3) All persons subject to the provisions of this marketing order shall make and render reports and furnish information to the director or the board as required under the act or this marketing order. Any financial and commercial information and records obtained by the director or commission are exempt from public disclosure under the provisions of RCW 15.65.203 and 42.17.31907, but shall not be disclosed to any other person save to a person with like right to obtain the same or any attorney employed by the director or the commission to give legal advice thereon or by court order.

(4) For the purpose of assuring and verifying compliance with the recordkeeping and reporting requirements of this order and the act, the director and the board through its duly authorized employees, shall have access to and the authority to audit and examine such reports or information.

(5) Any moneys collected or received by the board pursuant to the provisions of this marketing order during or with respect to any year, may be refunded on a pro rata basis at the close of each year or at the close of a period as the board determines to be reasonably adapted to effectuate the declared policies of the act and the purposes of this marketing order, to all persons from whom such moneys were collected or received or may be carried over into and used with respect to the next succeeding year.

(6) Any due and payable assessment herein levied in a specified amount as provided under the act and this marketing order and any assessment which is required hereunder to be collected, shall constitute a personal debt of every person so assessed, responsible for collection, or who otherwise owes the same, and the same shall be due and payable to the board when payment is called for by it. In the event any person fails to pay the board the full amount of assessment or other sum on or before the date due, the board may, and is hereby authorized to, add to the unpaid assessment or sum an amount not exceeding ten percent of the same to defray the cost of enforcing the collecting of the unpaid assessment. In the event of failure of a person or persons to pay any due and payable assessment or other sum, the board may bring a civil action against a person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent plus the costs and expenses of suit and a reasonable attorney's fee therein, and the action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

(7) Assessments may, with the consent of the affected producer, be collected prospectively.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-13-008, § 16-585-040, filed 6/3/05, effective 7/4/05. Statutory Authority: RCW 15.65.050 and chapter 16.65 WAC [ 15.65 RCW]. WSR 95-15-102, § 16-585-040, filed 7/19/95, effective 8/19/95.

Wash. Admin. Code § 16-585-050 Time—Place—Method for payment and collection of assessments—Landing reports.

The following procedure is established for the reporting and paying of assessments:

(1) At the time of Puget Sound gillnet salmon landing, first sale or completion of a Washington department of fish and wildlife landing receipt (fish ticket), the producer shall pay and the handler shall collect and deduct from the price paid to the producer the producer's two percent assessment on the landed value of the Puget Sound gillnet salmon. This collection and deduction shall be accurately reported on the fish ticket.

(2) No later than thirty days from the last day of any month in which any Puget Sound gillnet salmon has been obtained by a handler, each such handler shall:

(a) Remit to the board all sums required to be collected and deducted from affected producers upon their landings during that month for a total of two percent of the landed value of Puget Sound gillnet salmon obtained by that handler during that month.

(b) Provide to the board with such remittance a report indicating the full name, address, and commercial salmon fishing license number of each affected producer from whom the said handler has purchased or obtained affected commodity during the said month and for each such affected producer, indicate the landed value of the Puget Sound gillnet salmon purchased or obtained, and the amount of the producer's two percent assessment which has been collected from that producer.

(3) The board may require cold storage facilities storing Puget Sound gillnet salmon to file with the board information and reports regarding the amount of the affected commodity in storage, the date of receipt, and the name, address, and commercial salmon fishing license number of each such owner, and may require that such Puget Sound gillnet salmon not be shipped from a cold storage facility until the facility has been notified by the commission that the commodity owner has paid the commission for any assessments imposed by this marketing order.

(4) All assessments due from affected producers under this order shall be payable at the time of completion of a Washington department of fish and wildlife landing receipt (fish ticket) and shall be paid by the producer and collected by the handler at that time and shall be remitted to the board as provided in this order.

(5) Producer-handlers shall pay the producer assessments and shall fulfill all the responsibilities of handlers and producers under this order including the collection, recordkeeping, reporting, and remittance of assessments.

(6) When, in the judgment of the board, a particular handler or producer-handler has demonstrated its unreliability to make the collection or remittance of the producer assessments called for in this order, the board may require that said handler or producer-handler not transport, carry, ship, sell, market or otherwise handle or dispose of any of the affected commodity until every due and payable assessment provided for under this order has been paid to the board and the receipt issued.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-13-008, § 16-585-050, filed 6/3/05, effective 7/4/05. Statutory Authority: RCW 15.65.050 and chapter 16.65 WAC [ 15.65 RCW]. WSR 95-15-102, § 16-585-050, filed 7/19/95, effective 8/19/95.

Wash. Admin. Code § 16-585-060 Obligations of the board.

Obligations incurred by the board or employees or agents thereof pertaining to their performance or nonperformance or misperformance of any matters or things authorized, required, or permitted them by the act or this order, and any other liabilities or claims against them or any of them shall be enforced in the same manner as if the whole organization under this order were a corporation. No liability for the debts or actions of the board, employees, or agents incurred in their official capacity under this order shall exist either against the board, officers, employees, or agents in their individual capacity, nor against the state of Washington or any subdivision or instrumentality thereof nor against any other organization, administrator, or board (or employee or agent thereof) established pursuant to this act or the assets thereof. The board, and its agents and employees, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other board, member of the board, or other person. The liability of the members of the board shall be several and not joint and no member shall be liable for the default of any other member.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-13-008, § 16-585-060, filed 6/3/05, effective 7/4/05. Statutory Authority: RCW 15.65.050 and chapter 16.65 WAC [ 15.65 RCW]. WSR 95-15-102, § 16-585-060, filed 7/19/95, effective 8/19/95.

Wash. Admin. Code § 16-585-070 Termination of this order.

Termination shall be accomplished pursuant to RCW 15.65.183 through 15.65.193.

History

Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-13-008, § 16-585-070, filed 6/3/05, effective 7/4/05. Statutory Authority: RCW 15.65.050 and chapter 16.65 WAC [ 15.65 RCW]. WSR 95-15-102, § 16-585-070, filed 7/19/95, effective 8/19/95.

Wash. Admin. Code § 16-585-080 Effective time.

This marketing order for Puget Sound salmon shall become effective on or after April 1, 1995, and shall remain in full force and effect until terminated under the provisions of the act.

History

Statutory Authority: RCW 15.65.050 and chapter 16.65 WAC [ 15.65 RCW]. WSR 95-15-102, § 16-585-080, filed 7/19/95, effective 8/19/95.

Wash. Admin. Code § 16-585-090 Separability.

If any provisions hereof are declared invalid, or the applicability thereof to any person, circumstances, or thing is held invalid, the validity of the remainder hereof or of the applicability thereof to other person, circumstances, or thing shall not be affected thereby.

History

Statutory Authority: RCW 15.65.050 and chapter 16.65 WAC [ 15.65 RCW]. WSR 95-15-102, § 16-585-090, filed 7/19/95, effective 8/19/95.

Wash. Admin. Code § 16-585-105 Public records officer.

(2) The name of the commission's current public records officer is on file with the office of the code reviser in accordance with RCW 42.56.580 and is published in the Washington State Register.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-036, § 16-585-105, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-585-110 Requests for public records.

(1) All requests for disclosure of public records must be submitted in writing directly to the commission's public records officer by mail to Puget Sound Salmon Commission, 6601 W. Deschutes Avenue, Suite C-2, Kennewick, WA 99336. The request may also be submitted by fax to 509-585-2671 or by email to: mjohnson@agmgt.com. The written request should include:

(a) The name, address and telephone number or other contact information of the person requesting the records;

(b) The calendar date on which the request is made; and

(a) Public records made available for inspection may not be removed from the area the commission makes available for inspection.

(b) Inspection of any public record will be conducted in the presence of the public records officer or designee.

History

Statutory Authority: RCW 15.65.047, 15.65.680, 42.56.040 and chapter 34.05 RCW. WSR 21-18-047, § 16-585-110, filed 8/25/21, effective 9/25/21. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-036, § 16-585-110, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-585-115 Response to public records requests.

(1) The public records officer shall respond to public records requests within five business days by:

(a) Making the records available for inspection or copying;

(b) Providing a link or address for a record available on the internet under RCW 42.56.520;

(c) Acknowledging receipt of the request and providing a reasonable estimate of the time the commission will require to respond to the request;

(d) Sending the copies to the requestor if copies are requested and payment of a deposit for the copies is made or terms of payment have been agreed upon; or

(2) Additional time to respond to the request may be based upon the need to:

(a) Clarify the intent of the request;

(b) Locate and assemble the information requested;

(d) Determine whether any of the information requested is exempt from disclosure and that a denial should be made as to all or part of the request.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-036, § 16-585-115, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-585-120 Fees—Inspection and copying.

(1) No fee will be charged for the inspection of public records.

(2) The commission charges a fee of fifteen cents per page of black and white photocopy plus postage for reimbursement of the costs of providing public records.

(3) Requests for records in special formatting, including color copies, will be charged at the amount necessary to reimburse the commission for its actual production costs. If the public records officer deems it more efficient to have copying or duplicating done outside the commission, the charges will be based on the actual cost of such outside copying or duplicating service. For all copying or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable within fifteen days of receipt of the invoice and is payable to the Puget Sound salmon commission. The commission may require that all charges be paid in advance of release of the copies of the records.

(4) The commission or its designee may waive any of the foregoing copying costs.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-036, § 16-585-120, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-585-125 Exemptions.

(1) Production or sales records required to determine assessment levels and actual assessment payments to the commission under chapter 15.65 RCW (reference RCW 42.56.380(3)).

(2) Financial and commercial information and records supplied by persons:

(a) To the commission for the purpose of conducting a referendum for the establishment of the commission; or

(b) To the commission under chapter 15.65 RCW with respect to domestic or export marketing activities or individual producer's production information (reference RCW 42.56.380(5)).

(3) Lists of individuals requested for commercial purposes (reference RCW 42.56.070(9)).

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-036, § 16-585-125, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-585-130 Review of denial of public records requests.

(4) Any person may obtain court review of a denial of a public records request under RCW 42.56.550.

History

Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-036, § 16-585-130, filed 2/8/17, effective 3/11/17.

Wash. Admin. Code § 16-585-135 Records index.

The commission shall establish a records index, which shall be made available for public review.

History

Statutory Authority: RCW 15.65.047, 15.65.680, 42.56.040 and chapter 34.05 RCW. WSR 21-18-047, § 16-585-135, filed 8/25/21, effective 9/25/21. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-036, § 16-585-135, filed 2/8/17, effective 3/11/17.

Chapter 16-600 Honey.

Wash. Admin. Code § 16-600-001 Promulgation.

I, Sverre N. Omdahl, director of agriculture, by virtue of authority vested in me in RCW 69.28.020, do hereby promulgate the following laws and regulations.

History

Order 581, Promulgation, effective 7/17/50.

Wash. Admin. Code § 16-600-010 Grades to be uniform with federal grades.

Effective immediately, grades of honey sold in the state of Washington shall be uniform with the federal grades for extracted honey, comb honey and cut-comb honey.

History

Order 431, effective 7/10/45.

Chapter 16-602 Apiaries.

Wash. Admin. Code § 16-602-025 Apiarist registration fees, schedule.

(1) Beekeepers in the following two categories shall pay a fee for owning or operating colonies of bees in Washington:

(a) Resident beekeepers of Washington;

(b) Nonresident beekeepers operating colonies in Washington for the purpose of producing honey or other products, or their use or rental for pollination of agricultural crops.

(2) Both categories of beekeepers shall pay a fee based upon the number of colonies they own or will operate during the calendar year in Washington. The fee schedule shall be as follows:

| 1 | - | 5 colonies | $ | 5.00 | | --- | --- | --- | --- | --- | | 6 | - | 25 colonies | $ | 10.00 | | 26 | - | 100 colonies | $ | 25.00 | | 101 | - | 300 colonies | $ | 50.00 | | 301 | - | 500 colonies | $ | 100.00 | | 501 | - | 1,000 colonies | $ | 200.00 | | 1,001 | or more colonies | $ | 300.00 | |

(3) The registration fee shall be paid, on or before April first, on the number of colonies of bees:

(a) Owned by resident beekeepers;

(b) Operated and or rented for pollination by nonresident beekeepers during the calendar year in Washington.

History

Statutory Authority: Chapter 15.60 RCW. WSR 01-11-146, § 16-602-025, filed 5/23/01, effective 6/30/01
WSR 94-05-049 (Order 5030), § 16-602-025, filed 2/10/94, effective 3/13/94.

Wash. Admin. Code § 16-602-026 Broker registration fees.

In accordance with RCW 15.60.021, there is assessed an annual broker registration fee of $100 due and payable to the department on April 1 of each year. If a person registers as both a broker and an apiarist, only one of the registration fees shall be owed. The lesser of the two registration fees shall be waived.

History

Statutory Authority: Chapter 15.60 RCW. WSR 01-11-146, § 16-602-026, filed 5/23/01, effective 6/30/01. Statutory Authority: RCW 15.60.025 and 15.60.170(2). WSR 97-24-066, § 16-602-026, filed 12/2/97, effective 1/2/98.

Wash. Admin. Code § 16-602-050 Types of offenses and level of civil penalty assessment.

(1) Violations of the Apiaries Act include, but are not limited to:

(a) Failure to register as a resident or nonresident apiarist;

(b) Failure to register as a broker;

(d) Failure to remit broker registration fees.

(2) The level of civil penalty assessed for each individual violation shall be as follows:

First violation. . . .$100

Second violation. . . .$500

Third and each subsequent violation. . . .$1,000

History

Statutory Authority: Chapter 15.60 RCW. WSR 01-11-146, § 16-602-050, filed 5/23/01, effective 6/30/01. Statutory Authority: RCW 15.60.025 and 15.60.170(2). WSR 97-24-066, § 16-602-050, filed 12/2/97, effective 1/2/98.

Chapter 16-603 Aquaculture identification requirements.

Wash. Admin. Code § 16-603-010 Aquaculture identification requirements.

(1) Any sale or movement of private sector cultured aquatic products made by an aquatic farmer, other than retail sale for personal use by the purchaser or rendering or unmarketable solid waste disposal, shall:

(a) Be accompanied by a shipping document showing:

(i) The aquatic farmer's name;

(ii) The aquatic farm mailing address;

(iii) The aquatic farm registration number required by RCW 75.58.040;

(iv) The date of transfer by the aquatic farmer;

(v) The quantity of each species; and

(b) Be labeled, showing the name of the aquatic farmer and the farmer's aquatic farm registration number on each container of cultured aquatic products.

(c) The shipping documents and labeling required under this section shall be retained and maintained by the purchaser while the private sector cultured aquatic products are under the purchaser's possession or control.

(2) The provisions of this section do not apply to shellfish if the shellfish comply with rules enacted under the labeling requirements for the Sanitary Control of Shellfish Act (WAC 246-282-080), or to live finfish or their reproductive tissues, if the finfish comply with rules enacted under the Washington department of fisheries transfer procedure set forth in chapter 220-77 WAC.

History

Statutory Authority: Chapters 15.85 and 34.05 RCW. WSR 03-13-005, § 16-603-010, filed 6/4/03, effective 7/5/03. Statutory Authority: RCW 15.85.040 and 15.85.060. WSR 91-13-018 (Order 2086), § 16-603-010, filed 6/10/91, effective 1/1/92.

Chapter 16-604 Public livestock markets—Health, facilities, and sanitation.

Wash. Admin. Code § 16-604-009 Definitions.

For the purposes of this order:

"C.F.R." means Code of Federal Regulations.

"Consigned" means to deliver for sale at a public livestock market.

"Department" means the department of agriculture of the state of Washington.

"Director" means the director of the department or the director's duly authorized representative.

"Licensee" means any person licensed to operate a public livestock market.

"Livestock" means cattle, bison, horses, mules, donkeys, swine, sheep, goats, rabbits, llamas, alpacas, ratites, poultry, waterfowl, game birds, and other species so designated by statute. "Livestock" does not mean free ranging wildlife as defined in Title 77 RCW.

"Lot" means livestock of one ownership.

"Market" means public livestock market as defined in RCW 16.65.010(1).

"Market veterinarian" means a veterinarian licensed in the state of Washington, accredited by USDA, and contracted with a public livestock market.

"Official individual identification" means identifying an animal or group of animals using USDA-approved or WSDA-approved devices or methods including, but not limited to, official tags, unique breed registry tattoos, and registered brands when accompanied by a certificate of inspection from a brand inspection authority who is recognized by the director.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-20-094, § 16-604-009, filed 9/30/10, effective 10/31/10. Statutory Authority: RCW 16.36.040 and 16.36.096. WSR 92-21-022, § 16-604-009, filed 10/13/92, effective 11/13/92
Order 1102, § 16.604.009 (codified as WAC 16-604-009), filed 11/18/68
Order 1059, Regulation 1, filed 7/24/67, effective 8/23/67
Order 1025, Regulation 1, filed 7/22/66, effective 8/22/66.

Wash. Admin. Code § 16-604-020 Facilities and sanitation.

Licensees shall provide facilities and sanitation for the prevention of livestock diseases at their public livestock markets, as follows:

(1) The licensee shall be responsible for the moving and yarding of livestock necessary for animal disease traceability, brand, or animal health inspection. Personnel employed by the public livestock market will be required to sort and designate any unhealthy animals, as determined by the market veterinarian, before they are admitted into trade channels.

(2) The floors of all pens and alleys that are part of a public livestock market shall be constructed of concrete or similar impervious material and kept in good repair, with a slope of not less than one-fourth inch per foot to adequate drains leading to an approved system. The director may designate certain pens within such public livestock markets as feeding and holding pens and the floors and alleys of such pens shall not be subject to the aforementioned surfacing requirements.

(3) Feeding and holding pens maintained in an area adjacent to a public livestock market shall be constructed and separated from such public livestock market, in a manner prescribed by the director, in order to prevent the spread of communicable diseases to the livestock sold or held for sale in such public livestock market.

(4) All yards, chutes and pens used in handling livestock shall be constructed of such material which will render them easily cleaned and disinfected, and such yards, pens and chutes shall be kept clean, sanitary and in good repair at all times, as required by the director.

(5) Sufficient calf pens of adequate size to prevent overcrowding shall be provided, and such pens when used shall be cleaned and disinfected no later than the day subsequent to each sale.

(6) All swine pen facilities shall be covered and when used shall be cleaned and disinfected no later than the day subsequent to each sale.

(7) A water system carrying a pressure of forty pounds psi and supplying sufficient water to thoroughly wash all pens, floors, alleys and equipment shall be provided.

(8) Sufficient quarantine pens of adequate capacity shall be provided. Such pens shall be used to hold only cattle reacting to brucellosis and tuberculosis or to quarantine livestock with other contagious or communicable diseases and shall be:

(a) Hard surfaced with concrete or similar impervious material and shall be kept in good repair.

(b) Provided with separate watering facilities.

(c) Painted white with the word "quarantine" painted in red letters not less than four inches high on such quarantine pen's gate.

(d) Provided with a tight board fence not less than five and one-half feet high.

(e) Cleaned and disinfected not later than one day subsequent to the date of sale.

To prevent the spread of communicable diseases among livestock, the director shall have the authority to cause the cleaning and disinfecting of any area or all areas of a public livestock market and equipment or vehicles with a complete coverage of disinfectants approved by the director.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-20-094, § 16-604-020, filed 9/30/10, effective 10/31/10. Statutory Authority: RCW 16.36.040 and 16.36.096. WSR 92-21-022, § 16-604-020, filed 10/13/92, effective 11/13/92
Order 1174, § 16-604-020, filed 12/15/70
Order 1059, Regulation 3, filed 7/24/67, effective 8/23/67
Order 1025, Regulation 3, filed 7/22/66, effective 8/22/66
Order 954, filed 8/20/64
Order 913, filed 4/1/63
Order 853, filed 6/19/61
Order 788, effective 6/17/59.

Wash. Admin. Code § 16-604-025 Health regulations.

(1) The director shall require such testing, treating, identifying, examining and recordkeeping of livestock by a market veterinarian and/or livestock market as in the director's judgment may be necessary to prevent the spread of brucellosis, tuberculosis, or any other infectious, contagious or communicable disease among the livestock of this state.

(2) For livestock health purposes, the director shall establish procedures for inspection of livestock markets for compliance with sanitary requirements and to observe livestock being handled. Such inspections shall be conducted by animal health inspection personnel working under the jurisdiction of the director. Such inspectors will not issue health certificates, perform "private treaty work" or engage in functions other than those in connection with surveillance for communicable, infectious animal diseases and sanitary measures. Operators of markets shall arrange with a market veterinarian to perform animal health inspections, issue health certificates or certificates of veterinary inspection, perform private treaty work, and perform any testing, quarantine, or movement restrictions of animals as directed by the director of agriculture or required by federal law. Departmental inspectors will work in cooperation with any market veterinarians in performing yard inspections.

(3) Markets handling swine shall be required to identify all boars and sows with official identification. Markets must comply with chapters 16-54 and 16-80 WAC and 9 C.F.R. Sec. 71.19 and 71.20 when handling swine for market.

(4) No livestock may leave the market for points outside the state of Washington without first meeting the requirements of the state of destination and 9 C.F.R. Parts 71 through 89, interstate transportation of animals (including poultry) and animal products.

(5) Any animal or animals which have been found by the market veterinarian to be diseased or unhealthy shall be handled in accordance with instructions from the state veterinarian as to disposition. The market veterinarian may require they be marked "slaughter only" and:

(a) Be sold only to immediate slaughter at a federally inspected slaughter plant;

(b) Require they be sold "as is" with an announcement;

(d) Require they be held under quarantine in the yard.

(6) Market requirements.

(a) Animal health requirements as prescribed in chapters 16-54 and 16-86 WAC shall be met for animals entering or released from the public livestock markets. Those public livestock markets that are not specifically approved as per 9 C.F.R. Part 78 that wish to provide brucellosis blood testing as approved by the director shall comply with the facilities requirements for specifically approved public livestock markets. Specifically approved markets (9 C.F.R. Part 78) can accept cattle and bison from out-of-state without meeting the import requirements provided that all Washington state animal health requirements are met at the market upon arrival and the animals are consigned to sell through that market. Those markets not specifically approved can receive from out-of-state only those cattle and bison that have met all animal health requirements prior to entering the state.

(b) Animals released from Washington markets to points outside the state shall be in compliance with subsection (4) of this section.

(i) Tagged with reactor identification tags in the left ear and branded "B" according to 9 C.F.R. Sec. 78.1.

(ii) Placed in a "quarantine pen."

(iii) Sold at the close of the regular sale to licensed slaughterer or their designated agent operating under federal or state inspection or return to the farm of origin under a written quarantine.

(iv) The market veterinarian shall issue VS Form 1-27 on all suspects or reactors immediately after their sale or detection and the original copy must accompany the animals to slaughter or back to the farm of origin. The pink and yellow copies are to be mailed immediately to the state veterinarian's office at P.O. Box 42560, Olympia, Washington, 98504-2560 and the green copy mailed immediately to the destination of shipment.

(v) All brucellosis reactors consigned and transported directly to a licensed slaughtering establishment for immediate slaughter cannot be transported with any animals not so consigned. All trucks and railway cars or other conveyances used for the transportation of such reactors shall be cleaned and disinfected at destination under state and federal supervision.

(7) The market must provide to the department a certificate of permit (haul slip) for all livestock consigned to the market.

(8) All public livestock markets shall officially identify all sexually intact cattle and bison over eighteen months of age with official individual identification prior to being presented for sale. Records of official individual identification applied to the animal indicating seller, buyer, and brucellosis vaccination status if animal is a female shall be maintained by the market for a period of one year.

(9) Slaughter-only livestock.

(a) Livestock purchased through a market in the state of Washington for slaughter-only must be consigned to a federally inspected slaughter plant, restricted feedlot, or a category 2 restricted holding facility. Such animals will be cleared from the market on a Washington state cattle brand certificate and must reach the declared point of destination, slaughter establishment, category 2 restricted holding facility or restricted feedlot, within twelve hours of first being declared slaughter-only livestock. Official individual identification must not be removed and cattle brand certificates must be presented with the animals at declared point of destination and livestock shall not be diverted to any other point.

(b) Cattle that have been declared slaughter-only cattle shall not be commingled with cattle not so declared.

(c) No Washington state cattle brand certificate will be issued at any market unless the purchaser first provides the full name of the purchaser and seller and the complete physical address of the destination, and the cattle are identified to herd of origin.

(10) Health of swine.

(a) Intrastate consignments. Washington swine that are healthy, not known to be affected with or exposed to any contagious or infectious swine diseases, and not under quarantine may enter and leave any market in the state after veterinary inspection.

(b) Interstate consignments.

(i) Slaughter swine. Swine not known to be affected with or exposed to infectious or communicable swine diseases may be imported into the state without a certificate of veterinary inspection to a recognized federally inspected slaughter plant, or specifically approved livestock market under 9 C.F.R. Sec. 71.19 for immediate slaughter, and may not be diverted en route. The waybills or certificates for shipment must contain an entry permit number obtained from the office of the state veterinarian and must state for "slaughter only to a federally inspected slaughter plant."

(ii) Feeder and breeder swine - Must have originated from states in Stage IV or Stage V pseudorabies free status and/or comply with the entry requirements as stated in chapter 16-54 WAC. Animals must be accompanied by an official certificate of veterinary inspection stating that they are clinically free of symptoms of infectious and contagious disease or exposure thereto, unless consigned to a specifically approved livestock market under 9 C.F.R. Part 85. The certificate of veterinary inspection will contain an entry permit number obtained from the office of the state veterinarian and the consignor and consignee will be properly listed with exact physical origin and destination addresses clearly shown. Such swine must not come in contact with swine from states of unlike status prior to or during shipment, and must have been transported in one continuous movement.

(c) Swine brucellosis. All interstate swine over six months of age entering public livestock markets to be sold for breeding purposes must have been tested and found negative to swine brucellosis within thirty days prior to entry or originate in a validated swine brucellosis free herd or state. Swine not in compliance with this requirement will not be sold as breeder swine.

History

Statutory Authority: Chapters 16.36 and 34.05 RCW. WSR 10-20-094, § 16-604-025, filed 9/30/10, effective 10/31/10. Statutory Authority: RCW 16.36.040 and 16.36.096. WSR 92-21-022, § 16-604-025, filed 10/13/92, effective 11/13/92
Order 1174, § 16-604-025, filed 12/15/70
Order 1059, Regulation 4, filed 7/24/67, effective 8/23/67
Order 1025, Regulation 3, 7/22/66, effective 8/22/66
Order 954, filed 8/20/64
Order 913, filed 4/1/63
Order 853, filed 6/19/64
Order 788, effective 6/17/59.

Wash. Admin. Code § 16-604-040 Penalty.

The violation of any regulation set forth in this order shall constitute a violation of the applicable statute under which such regulation was adopted.

History

Order 1174, § 16-604-040, filed 12/15/70
Order 1059, Regulation 6, filed 7/24/67, effective 8/23/67
Order 1025, Regulation 6, filed 7/22/66, effective 8/22/66
Order 954, filed 8/20/64
Order 913, filed 4/1/63
Order 788, effective 6/17/59.

Chapter 16-610 Livestock identification.

Wash. Admin. Code § 16-610-005 Definitions.

In addition to the definitions found in RCW 16.57.010, 16.58.020, and 16.65.010, the following definitions apply to this chapter:

"Association of livestock breeders" means any properly incorporated association whose membership is made up of livestock breeders.

"Beef commission assessment point" means a person or business, as designated by the Washington state beef commission, required to collect and submit the mandatory per-head beef promotional fees directly to the commission when the sale of cattle occurs.

"Beef promotion fee" means the mandatory state and/or federal beef commission assessment fee under RCW 16.67.120 and 16.67.122 that is collected on each head of cattle at the time of sale.

"Call out fee" is a trip fee charged by department inspectors for conducting livestock inspections.

"Certified veterinarian" means an individual licensed to practice veterinary medicine in Washington state under chapter 18.92 RCW who has been certified to perform livestock inspections by the director.

"Electronic official individual identification" means an official USDA approved 840 radio-frequency identification (RFID) tag. Official USDA RFID ear tags are imprinted with an official USDA animal identification number (AIN), bear the official U.S. shield, and are tamper proof.

"Farmers cooperative association" means any cooperative association of livestock producers. Farmers cooperative association does not include livestock youth organizations such as 4-H, FFA, or other junior livestock groups.

"Field livestock inspector" means an individual who has been certified by the director to perform livestock inspections.

"Legacy brand" means a brand that has been in continuous use for at least 25 years.

"Livestock heritage brand" means a designation given to a brand that has been deactivated by the recorded owner. A heritage brand may not be applied to livestock.

"Market" means a public livestock market as defined in RCW 16.65.010(1).

"Special sale" means a public sale conducted by an individual, youth organization, livestock breeders association, or farmers cooperative association on a seasonal or occasional basis.

"USDA" means the United States Department of Agriculture.

History

Statutory Authority: RCW 16.57.350, 16.58.030, and 16.65.020. WSR 23-14-110, § 16-610-005, filed 7/5/23, effective 8/5/23. Statutory Authority: RCW 16.57.025, [16.57.]350, [16.57.]450(8), 16.58.030, 16.65.020, and [16.65.]350. WSR 19-20-022, § 16-610-005, filed 9/23/19, effective 10/24/19. Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-005, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-005, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-010 Livestock identification advisory committee.

(1) The livestock identification advisory committee is established in RCW 16.57.015 for the purpose of advising the director regarding:

(a) Livestock identification programs administered under chapter 16.57 RCW and these rules;

(b) Inspection fees; and

(2) The advisory committee must review the costs and operations of the livestock identification program.

(3) The committee is appointed by the director and is composed of 12 voting members as follows: Two beef producers, two livestock market owners, two horse producers, two dairy producers, two cattle feeders, and two meat processors.

Organizations representing the groups represented on the committee may submit nominations for these appointments to the director for the director's consideration. No more than two members at the time of their appointment or during their term may reside in the same county. Members may be reappointed and vacancies must be filled in the same manner as original appointments are made.

(4) The committee shall elect a member to serve as committee chair. The committee must meet at least twice a year. The committee shall meet at the call of the director, chair, or a majority of the committee. A quorum of the committee consists of a majority of members. If a member has not been designated for a position, that position may not be counted for purposes of determining a quorum. A member may appoint an alternate who meets the same qualifications as the member to serve during the member's absence. The director may remove a member from the committee if that member has two or more unexcused absences during a single calendar year.

(5) Livestock identification advisory committee members must be residents of the state of Washington and actively engaged in the industry they represent.

History

Statutory Authority: RCW 16.57.350, 16.58.030, and 16.65.020. WSR 23-14-110, § 16-610-010, filed 7/5/23, effective 8/5/23. Statutory Authority: RCW 16.57.025, [16.57.]350, [16.57.]450(8), 16.58.030, 16.65.020, and [16.65.]350. WSR 19-20-022, § 16-610-010, filed 9/23/19, effective 10/24/19. Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-010, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-010, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-012 Livestock identification advisory committee—Length of term.

(1) Advisory committee members serve staggered three-year terms. Terms begin on July 1 and end on June 30.

(2) Positions are numbered one through twelve as follows:

(a) Positions one and two - Beef producers;

(b) Positions three and four - Livestock market owners;

(d) Positions seven and eight - Dairy producers;

(e) Positions nine and ten - Cattle feeders; and

(f) Positions eleven and twelve - Meat processors.

History

Statutory Authority: RCW 16.57.025, [16.57.]350, [16.57.]450(8), 16.58.030, 16.65.020, and [16.65.]350. WSR 19-20-022, § 16-610-012, filed 9/23/19, effective 10/24/19. Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-012, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-012, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-013 Livestock identification advisory committee—Vacancies.

(1) To fill a vacancy resulting from an expired term, the director must solicit nominations from the organization representing the group statewide. Nominations from industry groups must be submitted to the director before May 1 of the year in which the term expires. If a nomination is not received for a vacant position, the director may appoint a qualified person to fill that position.

(2) The director may fill, for the unexpired portion of a term, vacancies that occur before a term expires. When such vacancies occur, the director will solicit nominations from organizations representing the groups statewide, which may then submit names to the director for consideration.

History

Statutory Authority: RCW 16.57.025, [16.57.]350, [16.57.]450(8), 16.58.030, 16.65.020, and [16.65.]350. WSR 19-20-022, § 16-610-013, filed 9/23/19, effective 10/24/19. Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-013, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-013, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-015 Certificate of permit.

(1) A certificate of permit (WSDA form #7020), commonly known as a "transportation permit" or a "haul slip," must accompany livestock:

(a) In transit (cattle);

(b) Consigned to a public livestock market, special sale, or livestock processing facility; or

(2) The certificate of permit may not be used as a bill of sale for cattle or horses.

(3) A certificate of permit may be purchased by contacting the department at:

Washington State Department of Agriculture

Animal Services Division

1111 Washington Street S.E.

P.O. Box 42577

Olympia, WA 98504-2577

Email: livestockid@agr.wa.gov

Phone: 360-902-1855

The price is $5.00 for a book of twenty-five.

(4) The certificate of permit must include:

(a) Owner's name and address;

(b) Livestock breed;

(d) Brand or other methods of livestock identification; and

(e) Any other information that the director considers necessary.

History

Statutory Authority: RCW 16.57.025, [16.57.]350, [16.57.]450(8), 16.58.030, 16.65.020, and [16.65.]350. WSR 19-20-022, § 16-610-015, filed 9/23/19, effective 10/24/19. Statutory Authority: RCW 16.57.160 and chapter 34.05 RCW. WSR 16-21-008, § 16-610-015, filed 10/7/16, effective 11/7/16. Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-015, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-015, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-016 Self-inspection certificates issued prior to June 10, 2010.

(1) A self-inspection certificate was used for cattle inspections involving twenty-five head or less at the point of private sale, trade, gifting, barter, or any other action not in connection with a public livestock market that constitutes a change of ownership.

(2) Self-inspection certificates completed after June 10, 2010, are not satisfactory proof of ownership for cattle. Self-inspection certificates completed prior to June 10, 2010, will be accepted as satisfactory proof of ownership of cattle if:

(a) The self-inspection certificate was completed and signed by the buyer and seller. The original completed copy of the certificate must accompany the cattle.

(b) The buyer must provide, at the time of reinspection, additional proof of ownership documentation for all cattle bearing brands not recorded to the seller listed on the self-inspection certificate.

History

Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. WSR 10-21-016, § 16-610-016, filed 10/7/10, effective 11/7/10
WSR 07-14-057, § 16-610-016, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-016, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-018 Proof of ownership documents.

(1) Proof of ownership for cattle and horses may be established at the time of a livestock inspection by presenting one of the following documents:

(a) An official livestock inspection certificate issued by the director.

(b) An official electronic cattle transaction reporting certificate.

(d) For cattle only, a self-inspection certificate completed prior to June 10, 2010, and any other information required in WAC 16-610-016.

(e) An official inspection certificate issued by another state or province that maintains a livestock inspection program.

(f) Registration papers on purebred horses.

(g) Registration papers on purebred cattle if the brand is not recorded in this state.

(h) For horses only, a bill of sale. A sample equine bill of sale is available by accessing the department's website at https://agr.wa.gov/departments/animals-livestock-and-pets/livestock.

(i) A certificate of veterinary inspection issued by a state that does not maintain a livestock inspection program. Vaccination/test tags and the animal description must be verifiable and match the document.

(2) Only original inspection certificates, official duplicate certificates, or certified copies of inspection certificates are acceptable. The name of the livestock owner must appear on the document that is submitted. Carbon copies, faxed copies or photocopies will not be accepted except for registration papers on purebred livestock.

History

Statutory Authority: RCW 16.57.025, [16.57.]350, [16.57.]450(8), 16.58.030, 16.65.020, and [16.65.]350. WSR 19-20-022, § 16-610-018, filed 9/23/19, effective 10/24/19. Statutory Authority: RCW 16.57.160 and chapter 34.05 RCW. WSR 16-21-008, § 16-610-018, filed 10/7/16, effective 11/7/16. Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. WSR 10-21-016, § 16-610-018, filed 10/7/10, effective 11/7/10
WSR 07-14-057, § 16-610-018, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-018, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-020 Cattle inspections for brands, electronic official individual identification, or other proof of ownership.

All cattle must be inspected for brands, electronic official individual identification or other proof of ownership:

(1) Before being moved out of Washington state, unless the provisions of WAC 16-610-035(2) apply.

(2) When offered for sale at any public livestock market or special sale approved by the director.

(3) Upon delivery to any cattle processing plant where the United States Department of Agriculture maintains a meat inspection program, unless the cattle:

(a) Originate from a certified feedlot; or

(b) Are accompanied by an inspection certificate issued by the director, a veterinarian certified by the director, a field livestock inspector certified by the director, or an agency in another state or Canadian province authorized by law to issue such a certificate.

(4) Upon entering or reentering any certified feedlot licensed under chapter 16.58 RCW and before commingling with other cattle unless the cattle are accompanied by an inspection certificate issued by the director, or a veterinarian certified by the director, or a field livestock inspector certified by the director, or an agency in another state or Canadian province authorized by law to issue such a certificate.

(5) At any point of private sale, trade, gifting, barter, or any other private action that constitutes a change of ownership. For transactions involving cattle not being moved or transported out of Washington state:

(a) Cattle must be presented for an inspection within fifteen days from the date of the initial transaction and accompanied by a certificate of permit. It shall be the responsibility of the seller to notify the department immediately that a sale has occurred. It shall be the responsibility of the buyer to present the animals for inspection.

(b) Cattle sold for 4-H and FFA youth projects are exempt from the fifteen day inspection requirement and can be inspected, if not prior, when consigned to a terminal show.

History

Statutory Authority: RCW 16.57.025, [16.57.]350, [16.57.]450(8), 16.58.030, 16.65.020, and [16.65.]350. WSR 19-20-022, § 16-610-020, filed 9/23/19, effective 10/24/19. Statutory Authority: RCW 16.57.160 and chapter 34.05 RCW. WSR 15-23-069, § 16-610-020, filed 11/16/15, effective 12/17/15. Statutory Authority: RCW 16.57.350 and chapter 34.05 RCW. WSR 15-02-026, § 16-610-020, filed 12/30/14, effective 7/1/15. Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. WSR 10-21-016, § 16-610-020, filed 10/7/10, effective 11/7/10
WSR 07-14-057, § 16-610-020, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-020, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-021 Electronic cattle transaction reporting.

(1) Individual private sales, trades, gifting, barter, or any other action that constitutes a change of ownership or movement out of state of cattle are required to obtain inspections under WAC 16-610-020 except when the seller holds an electronic cattle transaction reporting license under chapter 16.57 RCW and reports transactions through that system.

(2)(a) Any person may apply for an electronic cattle transaction reporting license. Applications shall be made on a form provided by the department to include:

(i) First and last name of the applicant.

(ii) Business name, physical address, mailing address, email address, and phone number.

(b) The license expires annually on June 30th.

(3) The initial license application fee is $33. The annual renewal fee is $33.

(4) The director may deny, suspend, or revoke an electronic cattle transaction reporting license for failure to comply with any condition of licensure under this section or any requirement of this chapter or chapter 16.57 RCW.

(5) All holders of an electronic cattle transaction reporting license must transmit to the department a record of each transaction containing the unique identification of each individual animal included in the transaction as assigned through a department-authorized identification method. All transactions reported to the department through the electronic cattle transaction reporting system must be reported within 24 hours of the transaction and include the following information:

(a) Buyer's first and last name, email address, phone number, mailing address, and physical address of destination;

(b) Number of cattle sold;

(d) Type and sex of each head of cattle sold;

(e) Breed and color of each head of cattle sold; and

(f) Date the transaction occurred.

(6) The following information is required for cattle that are branded in addition to the requirements in subsection (5) of this section:

(a) Design and location of the brand(s) on each head of cattle sold; and

(b) Washington brand number if the brand is recorded to the seller.

(i) If the brand is not recorded in Washington to the seller, the seller must provide proof of ownership under WAC 16-610-018. Proof of ownership must be uploaded at the time the transaction is reported. Original proof of ownership must be received by the department within seven days of the report of the transaction. Proof of ownership must be mailed to:

Washington State Department of Agriculture

Livestock Identification Program

P.O. Box 42577

Olympia, WA 98504-2577

(ii) A fee of 80 cents per head will be assessed for electronically reported transactions, along with any other applicable fees including, but not limited to, the fees listed in subsection (7) of this section. The fees are due and collected at the time of reporting through the electronic cattle transaction reporting system.

(7) Exemptions from mandatory inspections do not exempt cattle owners or sellers from paying beef promotion fees owed to the Washington state beef commission under chapter 16.67 RCW or the animal disease traceability fee owed to the department under chapter 16.36 RCW.

History

Statutory Authority: RCW 16.57.350, 16.57.450, 16.58.030, and 16.65.020. WSR 22-13-015, § 16-610-021, filed 6/3/22, effective 7/4/22. Statutory Authority: RCW 16.57.025, [16.57.]350, [16.57.]450(8), 16.58.030, 16.65.020, and [16.65.]350. WSR 19-20-022, § 16-610-021, filed 9/23/19, effective 10/24/19.

Wash. Admin. Code § 16-610-025 Horse inspections for brands or other proof of ownership.

All horses must be inspected for brands or other proof of ownership:

(1) Before being moved out of Washington state, unless the provisions of WAC 16-610-035 apply.

(2) When offered for saleat any public livestock market or special sale approved by the director.

(3) When offered for sale at any special open consignment horse sale as defined in RCW 16.65.010.

(4) At any special sale where horses of more than one owner are offered for sale.

History

Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-025, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-025, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-035 Inspections for cattle and horses moving out of Washington state.

(1) All cattle and horses must be inspected by the director, a field livestock inspector, or a certified veterinarian for brands, electronic official individual identification (cattle only), or other proof of ownership before being moved out of Washington state.

(2) Exceptions:

(a) Cattle and horses may be moved out of Washington state without inspection when they are destined for a public livestock market in another state where brand inspection is performed by Washington state department of agriculture inspectors or an agent according to an agreement with the other state.

(b) Cattle and horses moving out of Washington state to public livestock markets must be accompanied by a certificate of permit showing that the livestock are destined for and are being transported directly to the designated out-of-state inspection point. The certificate of permit is not valid for transportation to any point other than the designated inspection point.

History

Statutory Authority: RCW 16.57.025, [16.57.]350, [16.57.]450(8), 16.58.030, 16.65.020, and [16.65.]350. WSR 19-20-022, § 16-610-035, filed 9/23/19, effective 10/24/19. Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-035, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-035, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-045 Cattle inspections at certified feedlots, slaughter plants, and public livestock markets.

Inspections of cattle required under WAC 16-610-020 (2), (3), and (4) and at any other beef commission assessment collection point must be conducted by the director.

History

Statutory Authority: RCW 16.57.025, [16.57.]350, [16.57.]450(8), 16.58.030, 16.65.020, and [16.65.]350. WSR 19-20-022, § 16-610-045, filed 9/23/19, effective 10/24/19. Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-045, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-045, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-050 Cattle inspections for private transactions.

Inspections of cattle required under WAC 16-610-020 (1) or (5) may be conducted by:

(1) The director;

(2) Veterinarians certified by the director; or

(3) Field livestock inspectors certified by the director.

History

Statutory Authority: RCW 16.57.025, [16.57.]350, [16.57.]450(8), 16.58.030, 16.65.020, and [16.65.]350. WSR 19-20-022, § 16-610-050, filed 9/23/19, effective 10/24/19. Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. WSR 10-21-016, § 16-610-050, filed 10/7/10, effective 11/7/10
07-14-057, § 16-610-050, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-050, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-053 Physical address requirements.

(1) Livestock inspection certificates, electronic cattle transaction reporting certificates, certificate of permits, and equine bill of sales shall contain a destination physical address except where specifically exempted in this section. For purposes of this section, a physical address is the actual street location of the destination.

(2) All cattle and horses must be transported and delivered directly to the physical address noted on a livestock inspection certificate, electronic cattle transaction reporting certificate (cattle only), certificate of permit, and/or equine bill of sale. Cattle and horses shall not be diverted to any other physical address or location except for:

(a) A temporary destination due to a medical emergency where the immediate health of the animal is in jeopardy; or

(b) A category two restricted holding facility as defined in chapter 16-30 WAC if the cattle will be transported and delivered to a lot of like status.

(3) If the destination physical address cannot be determined due to no physical address assigned by the appropriate county jurisdiction or local emergency services, the following can be used:

(a) Descriptive driving directions to the physical location of where the cattle or horse(s) is being transported and delivered to; or

(b) The global positioning system (GPS) coordinates of the physical location of where the cattle or horse(s) is being transported and delivered to. GPS coordinates must contain two latitude or three longitude digits to the left of the decimal point and six digits to the right of the decimal point.

(4) Failing to provide the required destination physical address or acceptable alternative as defined in subsection (3) of this section or diverting cattle and horses from the destination physical address may result in a civil infraction per WAC 16-610-095.

History

Statutory Authority: RCW 16.57.025, [16.57.]350, [16.57.]450(8), 16.58.030, 16.65.020, and [16.65.]350. WSR 19-20-022, § 16-610-053, filed 9/23/19, effective 10/24/19. Statutory Authority: Chapters 16.57 and 34.05 RCW. WSR 12-02-068, § 16-610-053, filed 1/3/12, effective 2/3/12.

Wash. Admin. Code § 16-610-055 Ownership disputes.

The director may review or investigate any verified complaint involving disputed ownership that is filed with the director.

History

Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-055, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-055, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-060 Veterinarian and field livestock inspector certification.

(1)(a) The director may certify veterinarians, who are licensed and accredited in Washington state and field livestock inspectors who comply with the requirements of this section, to issue livestock inspection certificates.

(b) Certified veterinarians and field livestock inspectors may not conduct inspections at certified feedlots, slaughter plants, public livestock markets, or special sales unless the department has notified the facility in writing that department inspectors are not available to conduct inspections. If the department notifies a facility that its inspectors are not available to conduct inspections, the facility may use a certified veterinarian or field livestock inspector to conduct inspections during the period, as specified by the department, in which department inspectors are not available.

(c)(i) Certified veterinarians and field livestock inspectors may not perform livestock inspections for an individual or business if a conflict of interest exists.

(ii) For the purpose of this rule, a "conflict of interest" includes, but is not limited to, a financial or other interest, direct or indirect, in the livestock, the facility in which the livestock are presented for sale, or the event at which the livestock are being exhibited.

(2) Veterinarians licensed and accredited in Washington state and field livestock inspectors who wish to issue inspection certificates for livestock must apply for certification on the department's application form (WSDA form #7028). The application must include the following:

(a) The full name, address, telephone number, and email address of the individual applying for certification;

(b) The applicant's Washington state veterinary license number if the applicant is a veterinarian;

(d) A statement describing the applicant's experience with large animals, especially cattle and horses;

(e) A brief statement indicating that the applicant is requesting certification to issue inspection certificates for cattle, horses or both;

(f) The signature of the applicant; and

(g) Any other additional information as requested by the director.

(3) All applications must be accompanied by a check or money order for the amount of the certification fee of $60 per applicant.

(4) Certifications expire on the third December 31st following the date of issuance. For example, if a certification was issued on October 14, 2003, it would expire on December 31, 2005. All applications for renewal of certification must be submitted on AGR Form 930-7089 and accompanied by a check or money order for the amount of the certification fee of $60 per applicant.

(5) All applicants applying for certification or renewal of certification must complete department-provided training and pass a written test with no less than a score of 90 percent. The department will provide to each person applying for certification or renewal of certification a copy of the most current brand book and any supplements issued to date to each certified veterinarian or field livestock inspector. Training will include, but will not be limited to, the:

(a) Reading of printed brands;

(b) Reading of brands or other marks on animals, including the location of brands on animals;

(d) Completion of official documents; and

(e) Review of satisfactory ownership documents.

(6) The director will maintain a list of veterinarians and field livestock inspectors certified to perform livestock inspections. Interested parties may request a copy of the list by contacting the department at:

Washington State Department of Agriculture

Animal Services Division

1111 Washington Street S.E.

P.O. Box 42577

Olympia, WA 98504-2577

Email: livestockid@agr.wa.gov

Phone: 360-902-1855

Website: https://agr.wa.gov/departments/animals-livestock-and-pets/livestock

(7) Inspections by certified veterinarians and field livestock inspectors are conducted upon request and provided at the discretion of the veterinarian or field livestock inspector.

(8) Certified veterinarians and field livestock inspectors must submit all required inspection fees to the director and copies of each inspection certificate within 30 days of the date of issue.

(9) The director may deny certification or renewal of certification to issue inspection certificates if the veterinarian or field livestock inspector fails to meet the requirements of this section or knowingly makes false or inaccurate statements regarding his or her qualifications on the certification application.

History

Statutory Authority: RCW 16.57.350, 16.57.450, 16.58.030, and 16.65.020. WSR 22-13-015, § 16-610-060, filed 6/3/22, effective 7/4/22. Statutory Authority: RCW 16.57.025, [16.57.]350, [16.57.]450(8), 16.58.030, 16.65.020, and [16.65.]350. WSR 19-20-022, § 16-610-060, filed 9/23/19, effective 10/24/19. Statutory Authority: RCW 16.57.160 and chapter 34.05 RCW. WSR 16-21-008, § 16-610-060, filed 10/7/16, effective 11/7/16. Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. WSR 10-21-016, § 16-610-060, filed 10/7/10, effective 11/7/10
WSR 07-14-057, § 16-610-060, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-060, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-062 Veterinarian and field livestock inspector certification—Suspension and revocation.

(1) The director may suspend or revoke a veterinarian's or field livestock inspector's certification to issue inspection certificates if the veterinarian or field livestock inspector knowingly:

(a) Makes or acquiesces in false or inaccurate statements on livestock inspection certificates regarding:

(i) The date or location of the inspection;

(ii) The marks, electronic official individual identification, or brands on the livestock inspected;

(iii) The owner's name; or

(iv) Any other statement about the livestock inspected.

(b) Fails to properly verify the ownership status of the animal before issuing an inspection certificate.

(d) Fails to submit inspection fees and certificates issued to the director within thirty days from the date of issue.

(e) Conducts livestock inspections when a conflict of interest exists.

(2) Actions under this section will be taken in accordance with chapter 34.05 RCW.

History

Statutory Authority: RCW 16.57.025, [16.57.]350, [16.57.]450(8), 16.58.030, 16.65.020, and [16.65.]350. WSR 19-20-022, § 16-610-062, filed 9/23/19, effective 10/24/19. Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-062, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-062, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-065 Livestock identification fees.

All livestock identification inspection fees charged by the director are specified in statute under RCW 16.57.220 but are reproduced in this section for ease of reference.

A call out fee of $20 will be charged for conducting livestock inspections in accordance with RCW 16.57.220, 16.58.130 and 16.65.090. Public livestock markets, special sales, open consignment horse sales, certified feedlots, and USDA inspected slaughter facilities will be charged a call out fee per inspector per day, with the exception of:

Special sales conducted by youth livestock organizations such as 4-H, FFA, and junior livestock groups are exempt from call out fees. No call out fee is charged for an inspection done by a certified veterinarian or field livestock inspector.

| Certificate | Fees: | | --- | --- | | Inspection Certificate - Cattle | (1) The livestock inspection fee for cattle is $4.00 per head except: | | | The fee for livestock inspection for cattle is $1.21 per head when cattle are identified with a valid brand recorded to the owner or identified with an electronic official individual identification tag. | | | (2) The livestock inspection fee for cattle is $4.40 per head for cattle delivered to a USDA inspected slaughter facility with a daily capacity of no more than five hundred head of cattle. | | | (3) No inspection fee is charged for a calf that is inspected prior to moving out-of-state under an official temporary grazing permit if the calf is part of a cow-calf unit and the calf is identified with the owner's Washington state-recorded brand or identified with an electronic official individual identification tag. | | Inspection Certificate - Horse | (4) The livestock inspection fee for horses is $3.85 per head. | | Inspection Certificate - Groups of thirty or more horses | (5) The livestock inspection fee for groups of thirty or more horses is $2.20 per head, if: | | | (a) The horses are owned by one individual; and | | | (b) The inspection is performed on one date and at one location; and | | | (c) Only one certificate is issued. | | Inspection Certificate - Minimum fee | (6) The minimum fee for a livestock inspection is $5.50. The minimum fee does not apply to livestock consigned to and inspected at a public livestock market, special sale, or a cattle processing plant. | | Annual individual identification certificate for individual animals | (7)(a) The livestock inspection fee for an annual individual identification certificate for cattle and horses is $22.00 per head. | | | (b) The livestock inspection fee for an annual individual identification certificate for groups of thirty or more horses or cattle is $5.50 per head, if: | | | (i) The horses or cattle are owned by one individual; | | | (ii) The inspection is performed on one date and at one location; and | | | (iii) Only one certificate is issued. | | Lifetime individual identification certificate | (8) A livestock inspection fee for a lifetime individual identification certificate for horses and cattle is $63.00 per head. |

History

Statutory Authority: RCW 16.57.350, 16.58.030, and 16.65.020. WSR 23-14-110, § 16-610-065, filed 7/5/23, effective 8/5/23. Statutory Authority: RCW 16.57.025, [16.57.]350, [16.57.]450(8), 16.58.030, 16.65.020, and [16.65.]350. WSR 19-20-022, § 16-610-065, filed 9/23/19, effective 10/24/19. Statutory Authority: Chapters 16.57 and 34.05 RCW. WSR 12-21-013, § 16-610-065, filed 10/5/12, effective 11/5/12. Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. WSR 10-21-016, § 16-610-065, filed 10/7/10, effective 11/7/10
07-14-057, § 16-610-065, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-065, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-066 Replacement copies of brand inspection documents.

(1) Individuals can request replacement copies of inspection documents issued by the director which are held by the department.

(2) All requests for replacement copies will be submitted on AGR Form 930-7093 to the department. This form may be obtained from and sent to:

Washington State Department of Agriculture

Animal Services Division

1111 Washington Street S.E.

P.O. Box 42577

Olympia, WA 98504-2577

Email: livestockid@agr.wa.gov

Phone: 360-902-1855

Website: https://agr.wa.gov/departments/animals-livestock-and-pets/livestock

(3) A twenty-five dollar fee will be charged per document for replacement copies and must accompany the form.

(4) Replacement copies will only be issued to a requestor whose name appears as the buyer, seller, or owner on the document being requested.

History

Statutory Authority: RCW 16.57.025, [16.57.]350, [16.57.]450(8), 16.58.030, 16.65.020, and [16.65.]350. WSR 19-20-022, § 16-610-066, filed 9/23/19, effective 10/24/19. Statutory Authority: RCW 16.57.160 and chapter 34.05 RCW. WSR 16-21-008, § 16-610-066, filed 10/7/16, effective 11/7/16. Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. WSR 10-21-016, § 16-610-066, filed 10/7/10, effective 11/7/10.

Wash. Admin. Code § 16-610-070 Renewal of recorded brands.

Brand recordings are renewed for a period of four years, and the director may establish a staggered renewal schedule. Owners of recorded brands, upon notification by the director, must file for renewal by December 31st of the year in which a recording expires.

History

Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-070, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-070, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-075 Livestock heritage brands.

(1) A brand may be recorded as a livestock heritage brand upon initial application.

(2) The owner of a recorded brand may record the brand as a livestock heritage brand during any designated renewal period.

(a) The fee to record a livestock heritage brand is six hundred dollars.

(b) A livestock heritage brand is recorded for a period of twenty years.

(d) A livestock heritage brand is considered inactive and may not be applied to livestock.

(3) The owner of a livestock heritage brand may reactivate the brand at any time upon written notification to the director.

(a) The owner of a reactivated livestock heritage brand shall not be required to submit renewal fees during the remainder of the original twenty-year period as long as the recorded ownership of the brand does not change.

(b) If the owner of the reactivated brand changes the ownership status (adds, deletes, or transfers ownership to another), the brand will automatically be due for renewal at the end of the current four-year recording period.

History

Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-075, filed 6/28/07, effective 7/29/07.

Wash. Admin. Code § 16-610-080 Freeze branding.

Freeze branding techniques to identify livestock may be used to comply with the requirements of chapters 16.57 RCW and the other requirements of this section as long as the brand is recorded with the director.

History

Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-080, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-080, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-085 Production brands.

(1) Before a production brand may be used in Washington state, it must be recorded with the director according to the provisions of chapter 16.57 RCW and in the same manner as an ownership brand.

(2) Forms to record a brand may be obtained from and sent to:

Washington State Department of Agriculture

Animal Services Division

1111 Washington Street S.E.

P.O. Box 42577

Olympia, WA 98504-2577

Email: livestockid@agr.wa.gov

Phone: 360-902-1855

Website: https://agr.wa.gov/departments/animals-livestock-and-pets/livestock

(3) The director will not charge a fee to record a production brand if the person recording the brand has already paid to record an ownership brand.

(4) Production brands are not recognized for ownership purposes, recorded for ownership purposes, or accepted for livestock inspection purposes.

(5) Dairy cattle: Owners may use any digit or combination of digits as a production brand to identify their dairy cattle as long as the brand is located on the neck or between the hock and the stifle of a hind leg.

(6) Beef cattle: Owners may use a production brand to identify beef cattle but only when the cattle also bear a brand that is currently recorded to the owner of the animal.

(a) On beef cattle, production brands may be located on either side of the animal on the shoulder or hip.

(b) Any numeral digit or combination of digits may be used for a beef cattle production brand as long as they do not conflict with currently recorded ownership brands.

(7) Only Arabic numerals can be used for production brands.

History

Statutory Authority: RCW 16.57.025, [16.57.]350, [16.57.]450(8), 16.58.030, 16.65.020, and [16.65.]350. WSR 19-20-022, § 16-610-085, filed 9/23/19, effective 10/24/19. Statutory Authority: RCW 16.57.160 and chapter 34.05 RCW. WSR 16-21-008, § 16-610-085, filed 10/7/16, effective 11/7/16. Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-085, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-085, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-088 Transfer of recorded brands.

(1)(a) The application to transfer a brand shall be accompanied by a notarized form that includes a facsimile of the brand, a description, information about the current owners, and a twenty-seven dollar and fifty cent transfer fee.

(b) A legacy brand transfer requires a one hundred dollar transfer fee.

(2) The application form to transfer a brand or a legacy brand may be obtained from and sent to:

Washington State Department of Agriculture

Animal Services Division

1111 Washington Street S.E.

P.O. Box 42577

Olympia, WA 98504-2577

Email: livestockid@agr.wa.gov

Phone: 360-902-1855

Website: https://agr.wa.gov/departments/animals-livestock-and-pets/livestock

History

Statutory Authority: RCW 16.57.025, [16.57.]350, [16.57.]450(8), 16.58.030, 16.65.020, and [16.65.]350. WSR 19-20-022, § 16-610-088, filed 9/23/19, effective 10/24/19.

Wash. Admin. Code § 16-610-095 Penalty schedule for notices of infraction.

(1) If any person fails to comply with the requirements of chapters 16-610 WAC and 16.57 RCW (Identification of livestock), the director may issue that person a notice of infraction and may assess a penalty.

(2) The following infractions have the base penalty listed, not including statutory assessments.

Livestock Identification Program

Civil Infraction Schedule for Violations of Chapter 16.57 RCW

| Violation | Base Penalty | | --- | --- | | RCW 16.57.260 | Removal of cattle and horses from Washington state without an inspection certificate or an ECTR transaction certificate. | | First offense | $100.00 | | 2nd offense within three years | $150.00 | | 3rd offense within three years | $250.00 | | | | | RCW 16.57.267 | Failing to present an animal for mandatory inspection. | | First offense | $100.00 | | 2nd offense within three years | $150.00 | | 3rd offense within three years | $250.00 | | | | | RCW 16.57.270 | Refusing to assist in establishing ownership and identity. | | First offense | $100.00 | | 2nd offense within three years | $150.00 | | 3rd offense within three years | $250.00 | | | | | RCW 16.57.350 | Interfering with the director in the performance of livestock identification duties. | | First offense | $100.00 | | 2nd offense within three years | $150.00 | | 3rd offense within three years | $250.00 | | | | | RCW 16.57.440 | Transporting or delivering cattle or horses to any destination other than the designated physical address. | | First offense | $100.00 | | 2nd offense within three years | $150.00 | | 3rd offense within three years | $250.00 | | | | | RCW 16.57.050 | Using an unrecorded brand. | | Each offense | $37.00 | | | | | RCW 16.57.160 | Failing to designate a physical address. | | Each offense | $37.00 | | | | | RCW 16.57.243 | Moving cattle without proof of ownership. | | Each offense | $37.00 | | | | | RCW 16.57.275 | Transporting a carcass without proof of ownership. | | Each offense | $37.00 | | | | | RCW 16.57.277 | Failing to attach custom slaughter tags. | | Each offense | $37.00 | | | | | RCW 16.57.410 | Acting as a registering agency without a permit. | | Each offense | $37.00 |

History

Statutory Authority: RCW 16.57.025, [16.57.]350, [16.57.]450(8), 16.58.030, 16.65.020, and [16.65.]350. WSR 19-20-022, § 16-610-095, filed 9/23/19, effective 10/24/19. Statutory Authority: Chapters 16.57 and 34.05 RCW. WSR 12-02-068, § 16-610-095, filed 1/3/12, effective 2/3/12. Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-095, filed 6/28/07, effective 7/29/07.

Wash. Admin. Code § 16-610-100 Identification of custom slaughtered animals.

(1) Any person presenting cattle for slaughter to a licensed custom slaughterer must give the custom slaughterer a completed certificate of permit. The certificate of permit documents the ownership of the animal at the time of slaughter.

(2) Any person licensed as a custom slaughterer must complete and attach a custom slaughter beef tag to each of the four quarters of all slaughtered cattle that are handled. In order to identify the owner of the carcass, these tags must remain attached to the quarters until the carcass is processed and the quarters are cut and wrapped.

(3) Only the department may provide custom slaughter beef tags to custom slaughterers. The fee for each set of four custom slaughter beef tags is one dollar and fifty cents plus the animal disease traceability fee owed to the department under chapter 16.36 RCW.

(4)(a) Custom meat facilities may accept carcasses of cattle slaughtered by the cattle owner only if a certificate of permit, signed by the owner, accompanies the carcass.

(b) Without a certificate of permit signed by the owner, custom meat facilities can only accept carcasses from mobile or fixed location custom farm slaughterers or officially inspected slaughter plants.

History

Statutory Authority: RCW 16.57.350 and chapter 34.05 RCW. WSR 15-02-026, § 16-610-100, filed 12/30/14, effective 7/1/15. Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-100, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-100, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-115 Certified feedlots—Application inspection.

(1)(a) Before issuing an initial certified feedlot license, the director will conduct an inspection of all cattle in the feedlot inventory and their corresponding ownership documents.

(b) The applicable fee for this inspection of cattle is found in WAC 16-610-065.

(2) If a certified feedlot license is not renewed, all cattle in the feedlot inventory are subject to the inspection requirements for feedlots without a certification.

History

Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-115, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-115, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-120 Public livestock markets—Identification requirements.

(1) Any person licensed to operate a public livestock market is responsible for identifying all cattle and horses consigned to the public livestock market.

(2) Identification must be done under the supervision of the director and may occur either before or at the time the animals are inspected.

(3) Acceptable methods of identification are a USDA-approved numbered back tag placed on each animal or some other method of identification that is approved by USDA. Tags must be placed in numerical order.

(4) The licensee is responsible for moving, confining, and/or restraining livestock as needed to allow for a complete inspection.

(5) The director may exempt certain groups of one-brand or no-brand cattle under the same ownership from the individual identification requirements of this section if the integrity of the inspection process can be maintained.

(6) It is the responsibility of the licensee or consignor to present livestock to the director so an inspection can be performed.

History

Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-120, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-120, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-122 Release of cattle and horses from public livestock markets.

(1) Before allowing the removal of any cattle or horses from any public livestock market, a licensee or the licensee's agent or employee must:

(a) Obtain a livestock inspection certificate for the cattle or horses being removed; and

(b) Issue a release to the person wishing to remove the cattle or horses.

(2) The licensee shall hold proceeds from the sale of impounded cattle or horses for a reasonable period of time not to exceed 30 days to permit the consignor to establish ownership or the right to sell the cattle or horses. If the consignor fails to establish legal ownership or the right to sell the cattle or horses, the proceeds shall be paid to the director to be disposed of as any other estray proceeds under RCW 16.57.300.

(3) Cattle and horses that have been offered for sale at a public livestock market but did not sell, will not be assessed an additional inspection fee upon reconsignment if:

(a) The reconsignment occurs within eight days of the original sale;

(b) The animals are reconsigned to the original sale facility;

(d) The animals have not been commingled with other animals; and

(e) No animals have been added or removed from the group.

History

Statutory Authority: RCW 16.65.020. WSR 25-23-013, s 16-610-122, filed 11/7/25, effective 12/8/25. Statutory Authority: RCW 16.57.025, [16.57.]350, [16.57.]450(8), 16.58.030, 16.65.020, and [16.65.]350. WSR 19-20-022, § 16-610-122, filed 9/23/19, effective 10/24/19. Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-122, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-122, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-125 Public livestock market livestock inspection facilities.

The director must approve all livestock inspection facilities at public livestock markets. For the director's approval, inspection facilities must:

(1) Include a chute that is constructed according to the following specifications:

(a) Constructed with a solid base on each side of sufficient strength to contain cattle and horses. The base must be at least twenty-four but not more than thirty-six inches in height.

(b) Above the base on each side, the chute must have wire cables extended along its entire length. The cables must be separated by six-inch intervals and must extend vertically to a height of at least six feet.

(c) The cables must be attached every sixteen feet to a vertical post that is alternated with a pipe or stay every eight feet to provide support and to keep the cables tight.

(d) The chute must be well lit by shop, spot, or floodlights. These lights must be located on both sides of the chute at a height of five feet above the highest cable. Beginning at the head of the chute, this lighting must extend along three-fourths of the length of the chute.

(2) Electrical outlets must be available at all chutes so clippers can be conveniently used.

(3) Inspection areas must be well covered by adequate roofing and kept free of any water leaks or water build-up of any kind.

(4) Inspection areas must incorporate a work area for livestock inspectors on each side of the chute. The work area must:

(a) Provide an inspector with at least thirty inches of workspace along the entire length of the chute; and

(b) Be enclosed by fencing or some other permanent structure that protects inspectors while cattle and horses are unloaded and moved along the chute.

(5) Inspection areas must include an office. The office must:

(a) Be constructed according to dimensions of at least eight feet by ten feet;

(b) Contain adequate heating; and

(6) The licensee shall provide sufficient indoor office space as needed in order for the director to process and distribute inspection documents to the buyer.

History

Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-125, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-125, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-130 Public livestock market scales.

(1) To ensure that scales can be tested with relative ease and convenience:

(a) All scales that are inaccessible to a test truck must be accessible by a convenient, unobstructed, hard-surfaced approach ramp or walkway that connects with the scale deck at the scale deck level; and

(b) All doors and passageways leading to the scale must have a minimum width of six feet.

(2) Preferably, scale decks should be constructed using reinforced concrete with "Z" bar coping. If cleats are used that are more than three-fourths inch in thickness, they must be:

(a) Hinged; or

(b) Readily removable; or

(3) All stock racks must be securely fastened to the scale deck. There must be a minimum clearance of three inches between the rack and the surrounding stationary construction.

(4) Adequate space and visibility must be provided around scales so that interested parties may observe the weighing operation.

(5) All dial scales used by the licensee must be:

(a) Readily visible to all interested parties; and

(b) Equipped with a mechanical weight recorder.

(6) All beam scales used by the licensee must be equipped with a balance indicator, a weigh beam, and a mechanical weight recorder. The balance indicator, weigh beam, and mechanical weight recorder must be readily visible to all interested parties.

(7)(a) The pit and foundation beneath the scale deck must be constructed in a singular, uniform and massively solid way.

(b) Coping iron is required on all corners adjacent to the deck.

(c) The pit must be six feet in depth, dry and readily accessible for inspection. When conditions are sufficiently adverse, the director may allow exceptions to this six-foot depth requirement. However, a minimum of two feet clearance between the lowest scale lever and the pit floor must always be provided.

(d) To insure safe and accurate inspections, sufficient electrical lighting must be provided in the inspection facility, especially around the chute and scales and in the pit beneath the scale deck.

(8) The recording element must be adequately housed for protection against wind and weather.

(9) Scales are not required at markets only licensed to handle horses and mules unless these animals are sold by weight. When these animals are sold by weight, the scale requirements of this section apply.

History

Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-130, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-130, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-135 Failure to conduct a sale on an allocated sale day.

(1) If a licensed operator of a public livestock market fails more than six times in a twelve-month period to conduct a sale on a sale day that has been allocated to the licensee by the director, the allocation of that sale day is subject to change or revocation by the director.

(2) Any change or revocation of an allocated sale day must be considered in an administrative hearing conducted according to the provisions of chapter 34.05 RCW.

History

Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-135, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-135, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-140 Approval of special sales and open consignment horse sales.

(1) An individual, farmers cooperative association, association of livestock breeders, or youth livestock organization such as 4-H, FFA, or other junior livestock group may submit an application to the director for a special sale or open consignment horse sale. Approval of applications for a special sale or open consignment horse sale is at the discretion of the director.

(2) A livestock market may submit an application to the director for a special sale or open consignment horse sale on a day not specifically assigned to it. Approval of special sales and open consignment horse sales on unassigned days is at the discretion of the director.

(3) Special sales and open consignment horse sales are limited to three sales per month per applicant in any location, as long as all requirements are met and the proper permits and license have been obtained.

(4) "Special sale" does not mean a public sale by a group of individuals conducting private treaty sales of horses brought to a central location if:

(a) Funds are not handled by a third party; and

(b) The buyer meets the inspection requirements contained in RCW 16.57.260.

(5) Application for approval of a special sale or open consignment horse sale must be made at least fifteen days in advance of the proposed sale.

(6) The application for a special sale or open consignment horse sale must be made on forms provided by the director and must contain the following:

(a) Name, address, email address, and phone number of the applicant;

(b) Type of applicant: Producer, livestock market, or association;

(d) Type and number of livestock expected to be sold;

(e) Date, time, and location of the sale;

(f) Name and phone number of the veterinarian who will be providing animal health services; and

(g) The signature of the applicant.

(7) In addition to the requirements in subsections (5) and (6) of this section, the application for an open consignment horse sale must also provide the director with the following:

(a) A detailed statement showing all of the assets and liabilities of the applicant;

(b) A schedule of rates and charges that the applicant will impose on the seller or consignor, including the entry fee, commission, pass out (no sale) fees, stabling, etc.;

(d) Written evidence of valid bond, as per RCW 16.65.232; and

(e) The projected approximate value of the horses to be handled.

(8) The director charges a special sale application fee of fifty dollars, which is specified in RCW 16.65.420, and an open consignment horse sale license fee of one hundred dollars, as specified in RCW 16.65.042. Applications will not be processed until the application fee is paid. There is no application fee for youth livestock organizations.

History

Statutory Authority: RCW 16.57.025, [16.57.]350, [16.57.]450(8), 16.58.030, 16.65.020, and [16.65.]350. WSR 19-20-022, § 16-610-140, filed 9/23/19, effective 10/24/19. Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-140, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-140, filed 12/23/03, effective 1/23/04.

Wash. Admin. Code § 16-610-145 Requirements for farmers cooperative associations and associations of livestock breeders holding special sales.

To assure that any special sale proposed by a farmers cooperative association or association of livestock breeders is limited to the sale of their own livestock, the association may be required to provide verification to the director that any person offering livestock for sale at the special sale was a member of the association at the time of the filing of any consignment application, contract or commitment.

History

Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-145, filed 6/28/07, effective 7/29/07
WSR 04-01-171, § 16-610-145, filed 12/23/03, effective 1/23/04.

Chapter 16-611 Nutrient management.

Wash. Admin. Code § 16-611-005 Purpose.

The purpose of this chapter is to provide for fair and uniform determination of civil penalties issued for violations of chapter 90.64 RCW.

History

Statutory Authority: RCW 90.64.110 and chapter 34.05 RCW. WSR 12-22-019, § 16-611-005, filed 10/29/12, effective 11/29/12.

Wash. Admin. Code § 16-611-010 Definitions.

"Agronomic rate" means the application of nutrients to supply crop or plant nutrient needs to achieve realistic yields and minimize the movements of nutrients to surface and ground waters.

"Dairy nutrient management plan" means a plan meeting the requirements established under RCW 90.64.026.

"Dairy producer" means a person who owns or operates a licensed dairy farm.

"Department" means the Washington state department of agriculture.

"Nutrient," for purposes of this rule, means any product or combination of products used to supply crops with plant nutrients including, but not limited to, manure or commercial fertilizer.

"Transfer of manure" means the transfer of manure, litter or process waste water to other persons when the receiving facility is in direct control of:

(a) Application acreage;

(b) Application rate;

(d) Transfer rate and time.

History

Statutory Authority: RCW 90.64.110 and chapter 34.05 RCW. WSR 12-22-019, § 16-611-010, filed 10/29/12, effective 11/29/12.

Wash. Admin. Code § 16-611-020 Recordkeeping requirements.

(1) In accordance with RCW 90.64.010 (17)(c) and 90.64.102, dairy producers must maintain records to demonstrate that applications of nutrients to crop land are within acceptable agronomic rates.

(2) Dairy producers must maintain the following records to demonstrate that applications of nutrients to the land were within acceptable agronomic rates:

(a) Soil analysis.

(i) Annual postharvest soil nitrate nitrogen analysis;

(ii) Every three years, a current soil analysis that includes:

(A) Organic matter;

(B) pH;

(D) Phosphorus (the Bray-1 method must be used to determine soil phosphorus for soils below pH 7 and the Olsen bicarbonate method must be used for soils at or above pH 7);

(E) Potassium; and

(F) A measure of electrical conductivity.

(b) Nutrient analysis for all sources of organic and inorganic nutrients including, but not limited to, manure and commercial fertilizer supplied for crop uptake. Manure and other organic sources of nutrients must be analyzed annually for organic nitrogen, ammonia nitrogen, and phosphorus.

(i) Field identification and year of application;

(ii) Crop grown in each field where the application occurred;

(iii) Crop nutrient needs based on expected crop yield;

(iv) Nutrient sources available from residual soil nitrogen including contributions from soil organic matter, previous legume crop, and previous organic nutrients applied;

(v) Date of applications, method of application, nutrient sources, nutrient analysis, amount of nitrogen and phosphorus applied and available for each source;

(vi) Total amount of nitrogen and phosphorus applied to each field each year; and

(vii) Weather conditions twenty-four hours prior to and at time of application.

(d) Manure transfer records, including imports or exports. Records must include:

(i) Date of manure transfer;

(ii) Amount of nutrients transferred;

(iii) The name of the person supplying and receiving the nutrients; and

(iv) Nutrient analysis of manure transferred.

(e) Irrigation water management records. Records must include:

(i) Field identification;

(ii) Total amount of irrigation water applied to each field each year.

History

Statutory Authority: RCW 90.64.110 and chapter 34.05 RCW. WSR 12-22-019, § 16-611-020, filed 10/29/12, effective 11/29/12.

Wash. Admin. Code § 16-611-100 Assessing civil penalties.

The department may assess civil penalties.

(1) Nothing in this chapter shall prevent the department from:

(a) Choosing not to pursue a civil penalty;

(b) Issuing a notice of correction in lieu of pursuing a civil penalty;

(d) Referring a violation to any federal or state agency with jurisdiction over the activities in question.

(2) Prior violations may be used by the department for the purpose of determining the appropriate penalty for current violations.

(3) Responses and mitigating actions taken by the dairy and responsible party may be used by the department for the purpose of determining the appropriate penalty for current violations.

(4) Civil penalties under this rule are imposed pursuant to the procedures set forth in RCW 43.21B.300 and may be appealed to the pollution control hearings board in accordance with chapter 43.21B RCW.

History

Statutory Authority: RCW 90.64.110 and chapter 34.05 RCW. WSR 12-22-019, § 16-611-100, filed 10/29/12, effective 11/29/12.

Wash. Admin. Code § 16-611-110 Issuing a civil penalty without first issuing a notice of correction.

(1) Pursuant to RCW 43.05.100, the department may issue a notice of correction when the department becomes aware of conditions that are not in compliance with the applicable laws and rules enforced by the department.

(2) The department may assess a civil penalty without first issuing a notice of correction in accordance with RCW 43.05.110 and 34.05.110.

History

Statutory Authority: RCW 90.64.110 and chapter 34.05 RCW. WSR 12-22-019, § 16-611-110, filed 10/29/12, effective 11/29/12.

Wash. Admin. Code § 16-611-200 Penalty for lack of recordkeeping.

(1) In accordance with RCW 90.64.010 (17)(c) and 90.64.102, failure to maintain all records necessary to show that applications of nutrient to the land were within acceptable agronomic rates may be subject to a civil penalty. The aggregate amount of civil penalties issued to a dairy producer under this section shall not exceed five thousand dollars per calendar year. Each violation is a separate and distinct offense.

(2) The median penalty shall be assessed unless an adjustment is warranted due to the presence of aggravating or mitigating factors.

(3) Aggravating factors. The department may consider aggravating circumstances and enhance the penalty based on the seriousness of the violation. When the department determines that one or more aggravating factors are present, the department may assess the maximum penalty as listed within the penalty schedule table in subsection (5) of this section or may, in its discretion, assess a civil penalty in an amount between the median and maximum amount or increase the penalty above the maximum penalty listed for the violation in subsection (5) of this section. Aggravating factors include, but are not limited to, the following:

(a) The gravity and magnitude of the violation;

(b) Whether the violation was repeated or is continuous;

(d) The immediacy and extent to which the violation threatens the public health or safety or harms the environment.

(4) Mitigating factors. The department may consider mitigating circumstances and reduce the penalty. When the department determines that one or more mitigating factors are present, the department may assess the minimum penalty for the violation within the penalty schedule table in subsection (5) of this section or may, in its discretion, assess a civil penalty in an amount between the minimum and median amount listed for the violation in WAC 16-611-300(5). Mitigating factors include, but are not limited to, the following:

(a) Whether the cause of the violation was an unavoidable accident;

(b) The violator's efforts to correct the violation.

(5) Penalty schedule for recordkeeping violations.

| Penalties | Recordkeeping Violations | | | | | | | --- | --- | --- | --- | --- | --- | --- | | | Minimum | Median | Maximum | | | | | First | $100.00 | | $250.00 | | $2500.00 | | | Second | $200.00 | | $500.00 | | $3000.00 | | | Third or subsequent | $400.00 | | $1000.00 | | $5000.00 | |

History

Statutory Authority: RCW 90.64.110 and chapter 34.05 RCW. WSR 12-22-019, § 16-611-200, filed 10/29/12, effective 11/29/12.

Wash. Admin. Code § 16-611-300 Penalty for discharge of pollutants.

(1) In accordance with RCW 90.64.010 (17)(a), 90.48.080, and 90.48.144, a discharge of pollutants into the waters of the state may be subject to a civil penalty in the amount of up to ten thousand dollars a day for each violation. Each violation is a separate and distinct offense and, in case of a continuing violation, every day's continuance is a separate and distinct violation.

(2) The median penalty shall be assessed unless an adjustment is warranted due to the presence of aggravating or mitigating factors.

(3) Aggravating factors. The department may consider aggravating circumstances and enhance the penalty based on the seriousness of the violation. When the department determines that one or more aggravating factors are present, the department may assess the maximum penalty as listed within the penalty schedule table in subsection (5) of this section or may, in its discretion, assess a civil penalty in an amount between the median and maximum amount. Aggravating factors include, but are not limited to, the following:

(a) The magnitude of harm or potential harm to:

(i) Waters of the state;

(ii) Humans, animals, plants, property, the environment; or

(iii) Species listed as threatened or endangered caused by the violation(s).

(b) The similarity of the current alleged violation to previous history of the dairy, or the extent to which the alleged violation is part of a pattern of the same or substantially similar conduct.

(4) Mitigating factors. The department may consider mitigating circumstances and reduce the penalty. When the department determines that one or more mitigating factors are present, the department may assess the minimum penalty for the violation within the penalty schedule table in subsection (5) of this section or may, in its discretion, assess a civil penalty in an amount between the minimum and median amount listed for the violation in subsection (3) of this section. Mitigating factors include, but are not limited to, the following:

(a) Voluntary disclosure of a violation;

(b) Speed and effectiveness of actions taken to correct the violation or stop a discharge to waters of the state;

(c) Remedial actions taken to repair or compensate for impacts or that will result in increased public protection or that will permanently result in a decreased likelihood that the violation will be repeated.

(5) Penalty schedule for discharges to waters of the state.

| Violation | Discharge to Waters of the State | | | | --- | --- | --- | --- | | | Minimum | Median | Maximum | | First | $1000.00 | $4000.00 | $10,000.00 | | Second | $2000.00 | $6000.00 | $10,000.00 | | Third or subsequent | $4000.00 | $8000.00 | $10,000.001 |

| 1Statutory authority RCW 90.48.144. | | --- |

History

Statutory Authority: RCW 90.64.110 and chapter 34.05 RCW. WSR 12-22-019, § 16-611-300, filed 10/29/12, effective 11/29/12.

Chapter 16-622 Agriculture marketing and fair practices.

Wash. Admin. Code § 16-622-001 Purpose.

The department of agriculture promulgates this chapter to implement the provisions of the Agricultural Marketing and Fair Practices Act, chapter 15.83 RCW. The purpose of this act is to establish standards of fair practices required of handlers, producers, and association of producers dealing in sweet corn, potatoes, or pears and to establish the mutual obligation of handlers and accredited associations of producers to negotiate relative to the production or marketing of these agricultural commodities.

History

Statutory Authority: RCW 15.83.100 and 2020 c 176. WSR 21-08-016, § 16-622-001, filed 3/26/21, effective 4/26/21. Statutory Authority: RCW 15.83.020. WSR 90-08-069, § 16-622-001, filed 4/2/90, effective 5/3/90.

Wash. Admin. Code § 16-622-005 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Accredited association of producers" means an association of producers which is accredited by the director to be the exclusive negotiating agent for all producer members of the association within a negotiating unit.

(2) "Advance contract" means a contract for purchase and sale of a crop entered into before the crop becomes a growing crop and providing for delivery at or after the harvest of that crop.

(3) "Agricultural products" as used in this chapter means pears, sweet corn, and potatoes produced for sale from farms in this state.

(4) "Association of producers" means any association of producers of agricultural products engaged in marketing, negotiating for its members, shipping, or processing as defined in section 15(a) of the Federal Agriculture Marketing Act of 1929 or in section 1 of 42 Stat. 388.

(5) "Department" means the department of agriculture of the state of Washington.

(6) "Director" means the director of the department of agriculture or duly authorized representative.

(7) "Handler" means a processor or a person engaged in the business or practice of:

(a) Acquiring agricultural products from producers or associations of producers for use by a processor;

(b) Processing agricultural products received from producers or associations of producers, provided that a cooperative association owned by producers shall not be a handler except when contracting for crops from producers who are not members of the cooperative association;

(c) Contracting or negotiating contracts or other arrangements, written or oral, with or on behalf of producers or associations of producers with respect to the production or marketing of any agricultural product for use by a processor; or

(d) Acting as an agent or broker for a handler in the performance of any function or act specified in (a), (b), or (c) of this subsection.

(8) "Negotiate" means meeting at reasonable times and for reasonable periods of time commencing at least sixty days before the normal planting date for sweet corn and potatoes, or at least sixty days before the normal harvest date for pears, and concluding within thirty days of the normal planting date for sweet corn and potatoes, or within thirty days of the normal harvest date for pears, to make a serious, fair, and reasonable attempt to reach agreement by acknowledging or refuting with reason points brought up by either party with respect to the price, terms of sale, compensation for products produced under contract, or other terms relating to the production or sale of these products: Provided, That neither party shall be required to disclose proprietary business or financial records or information.

(9) "Negotiating unit" means a negotiating unit approved by the director under the provisions of this chapter and shall include all members of an accredited association of producers supplying qualified commodities to a single processing facility.

(10) "Person" means an individual, partnership, corporation, association, or any other entity.

(11) "Processing facility" means a facility operated by a processor at a single location where qualified commodities purchased from producers are canned, frozen, dried, dehydrated, cooked, pressed, powdered, or otherwise processed in a manner for eventual resale.

(12) "Processor" means any person that purchases agricultural crops from a producer and cans, freezes, dries, dehydrates, cooks, presses, powders, or otherwise processes those crops in any manner for eventual resale. A person who solely cleans, sorts, grades, and packages a farm product for sale without altering the natural condition of the product is not a processor. A person processing any portion of a crop is a processor.

(13) "Producer" means a person engaged in the production of agricultural products as a farmer or planter, including a grower or farmer furnishing inputs, production management, or facilities for growing or raising agricultural products. A producer who is also a handler shall be considered a handler under this chapter.

(14) "Qualified commodity" means agricultural products as defined in subsection (3) of this section.

History

Statutory Authority: RCW 15.83.100 and 2020 c 176. WSR 21-08-016, § 16-622-005, filed 3/26/21, effective 4/26/21. Statutory Authority: RCW 15.83.020. WSR 90-08-069, § 16-622-005, filed 4/2/90, effective 5/3/90.

Wash. Admin. Code § 16-622-010 Application for accreditation of an association of producers.

An association of producers requesting accreditation to serve as the exclusive negotiating agent on behalf of its members who are within a proposed negotiating unit with respect to any qualified commodity shall file with the director an application to accredit a negotiating unit containing the following information:

(1) The name and address of the processing facility for which accreditation of a negotiating unit is being requested;

(2) A description of the geographical boundaries of the proposed negotiating unit, stated in terms of the number of miles, from the processing facility in each direction of the most distant producer in the proposed unit;

(3) A list of the names of producers who are members of the proposed negotiating unit and the total number of acres of qualified commodities contracted for delivery by those producers to the processing facility for each of the previous two years;

(4) The total number of members of the association of producers proposing the negotiating unit, a list of the counties in which those members reside, and the total number of acres of qualified commodities the association of producers had contracts to represent on behalf of its producer members for the previous growing season; and

(5) A statement expressing their agreement to reimburse the department for all anticipated and uncovered costs incurred by the department for actions necessary to carry out the provisions of this chapter and chapter 15.83 RCW.

History

Statutory Authority: RCW 15.83.100 and 2020 c 176. WSR 21-08-016, § 16-622-010, filed 3/26/21, effective 4/26/21. Statutory Authority: RCW 15.83.020. WSR 90-08-069, § 16-622-010, filed 4/2/90, effective 5/3/90.

Wash. Admin. Code § 16-622-015 Accreditation file.

(1) Both the association of producers requesting accreditation of a negotiating unit and the person operating the processing facility for which the negotiating unit is being proposed shall create and maintain in their possession an accreditation file for the purpose of allowing the director to determine if the association of producers has met the requirements for the accreditation of the negotiating unit. The file shall be available to the department during normal working hours with reasonable advance notice.

(2) Documents contained in the file shall become a permanent part of the file and shall be serially numbered and indexed to assure the integrity of the file. Copies of original documents may be placed in the file or new documents may be created to satisfy the requirements of this chapter.

(3) The director may examine other records as necessary to confirm the validity of the information contained in the accreditation file.

(4) The accreditation files shall be maintained at the principal business address of the association of producers and the person operating the processing facility. In the case where the principal business address of the person operating a processing facility is located outside of the state of Washington, the accreditation file shall be maintained at the processing facility or at some other location within the state of Washington as approved by the director.

History

Statutory Authority: RCW 15.83.100 and 2020 c 176. WSR 21-08-016, § 16-622-015, filed 3/26/21, effective 4/26/21. Statutory Authority: RCW 15.83.020. WSR 90-08-069, § 16-622-015, filed 4/2/90, effective 5/3/90.

Wash. Admin. Code § 16-622-020 Accreditation file requirements—Association of producers.

The association of producers shall create and maintain an accreditation file for each negotiating unit it is requesting accreditation for, which shall include the following:

(1) A copy of the articles of incorporation and by-laws of the association;

(2) A copy of the contract between the association of producers and the producer empowering the association to sell or negotiate the terms of sale of its members qualified commodities and a list of the producers who have executed said contract; and

(3) A list of the names of producers who are members of the proposed negotiating unit together with the number of acres of qualified commodities that each producer had contracted to deliver to the processing facility for each of the previous two growing seasons.

History

Statutory Authority: RCW 15.83.020. WSR 90-08-069, § 16-622-020, filed 4/2/90, effective 5/3/90.

Wash. Admin. Code § 16-622-025 Accreditation file—Processor.

The processor shall create and maintain an accreditation file for each processing facility where a negotiating unit is being proposed by an association of producers, which shall include the following:

(1) A list of the names of producers for each facility with whom the processor had an advance contract for qualified commodities for each of the previous two growing seasons;

(2) The total number of acres of qualified commodities the processing facility had contracted to receive the production from under the provisions of advance contracts for each of the previous two growing seasons; and

(3) A copy of the contract between the processor and producer supplying the affected commodities.

History

Statutory Authority: RCW 15.83.100 and 2020 c 176. WSR 21-08-016, § 16-622-025, filed 3/26/21, effective 4/26/21. Statutory Authority: RCW 15.83.020. WSR 90-08-069, § 16-622-025, filed 4/2/90, effective 5/3/90.

Wash. Admin. Code § 16-622-030 Accreditation procedure.

(1) The director shall, upon receipt of an application for accreditation of a negotiating unit, promptly notify in writing the processor who operates the processing facility. The director shall schedule a time to examine the accreditation files of both the association of producers and the processor operating the processing facility. This examination shall not occur prior to five working days following the receipt of the notice to the processor of the application for accreditation of the negotiating unit.

(2) The director shall issue a report of findings resulting from the examination of the accreditation files of both parties which shall include:

(a) Whether the association of producers is owned and controlled by producers and that one of its functions is to act as principal or agent for its members in negotiations with processors;

(b) Whether the association of producers has valid and binding contracts with its members who are part of the proposed negotiating unit;

(c) Whether the members of the proposed negotiating unit represent more than fifty percent of the total average number of producers of record at the processing facility with advance contracts for the previous two growing seasons, or whether the number of acres of qualified commodities produced by members of the proposed negotiating unit, who were producers of records at the processing facility, represents more than fifty percent of the total average number of acres of qualified commodity obtained through advance contracts for the previous two growing seasons; and

(d) Sufficient resources, including public funds and any funds to be provided by the applicant under reimbursement agreements, will be available to cover department costs for services provided by the department in carrying out the provisions of this chapter, including department costs to defend a decision made by the department under this chapter and chapter 15.83 RCW if such a decision is appealed.

(3) If the director's findings regarding subsection (2) of this section are that the association meets the criteria for accreditation, a notice of accreditation of the negotiating unit will be issued to both parties. If the findings regarding subsection (2) of this section are that the association fails to meet any of the criteria for accreditation, a notice citing the specific deficiency will be issued to both parties pending the filing of an amended application in a timely manner.

(4) The director shall not accredit more than one negotiating unit for each processing facility. Should more than one proposed negotiating unit meet the criteria for accreditation, the director shall accredit the proposed negotiating unit that would function as the most effective agent for producers in negotiating with the processor. The director, when considering the accreditation of proposed negotiating units, shall consider the ratio of the number of producers to acres previously contracted by those producers, with substantial weight given to the number of acres contracted.

(5) The department shall provide the association of producers an estimate of expenses that may be incurred prior to the department's provision of services.

History

Statutory Authority: RCW 15.83.100 and 2020 c 176. WSR 21-08-016, § 16-622-030, filed 3/26/21, effective 4/26/21. Statutory Authority: RCW 15.83.020. WSR 90-08-069, § 16-622-030, filed 4/2/90, effective 5/3/90.

Wash. Admin. Code § 16-622-035 Amended application for accreditation.

An association of producers upon receiving notice of deficiencies in the application for accreditation of a proposed negotiating unit may file an amended application with the director. The amended application will be examined in the same manner as the initial application. Amended applications must be filed with the director within thirty days of receipt of the notice of deficiencies in the application.

History

Statutory Authority: RCW 15.83.020. WSR 90-08-069, § 16-622-035, filed 4/2/90, effective 5/3/90.

Wash. Admin. Code § 16-622-040 Renewal of application for accreditation.

An affected processor or an affected association of producers may petition the director to require an accredited association of producers to renew the application for accreditation of a negotiating unit. If the director concurs with the request of the petitioners or determines that a renewed application would best carry-out the purposes of the chapter, then the parties will be notified of the requirement that a new application be filed. The renewed application shall be examined in the same manner as an initial application.

History

Statutory Authority: RCW 15.83.020. WSR 90-08-069, § 16-622-040, filed 4/2/90, effective 5/3/90.

Wash. Admin. Code § 16-622-045 Hearings.

A hearing, conducted under the provisions of chapter 34.05 RCW, to determine whether alleged violations of RCW 15.83.030 or 15.83.040 have occurred may be held concurrently with the hearing for civil penalty under RCW 15.83.080.

History

Statutory Authority: RCW 15.83.100 and 2020 c 176. WSR 21-08-016, § 16-622-045, filed 3/26/21, effective 4/26/21. Statutory Authority: RCW 15.83.020. WSR 90-08-069, § 16-622-045, filed 4/2/90, effective 5/3/90.

Wash. Admin. Code § 16-622-050 Negotiating period.

The negotiating period provided in RCW 15.83.010 shall commence each year on January 15th for potatoes and sweet corn and June 1st for pears. Negotiations may begin at any time prior to this date and may continue past the date which is thirty days following this date by mutual consent of the affected parties. Contracts which are agreed to during this mutual consent period will be considered advance contracts.

History

Statutory Authority: RCW 15.83.100 and 2020 c 176. WSR 21-08-016, § 16-622-050, filed 3/26/21, effective 4/26/21. Statutory Authority: RCW 15.83.100. WSR 92-07-030, § 16-622-050, filed 3/10/92, effective 4/10/92. Statutory Authority: RCW 15.83.020. WSR 90-08-069, § 16-622-050, filed 4/2/90, effective 5/3/90.

Wash. Admin. Code § 16-622-055 Deadline for application for or review of negotiating unit accreditation.

Applications for accreditation of a negotiating unit or petitions by affected parties for renewal of an existing negotiating unit shall be received by the director by September 1st of each year to allow sufficient time to determine if the criteria for accreditation has been met. Applications or petitions received after that date will be considered for the next succeeding negotiating period.

History

Statutory Authority: RCW 15.83.100 and 2020 c 176. WSR 21-08-016, § 16-622-055, filed 3/26/21, effective 4/26/21. Statutory Authority: RCW 15.83.020. WSR 90-08-069, § 16-622-055, filed 4/2/90, effective 5/3/90.

Wash. Admin. Code § 16-622-060 Report of negotiating session.

(1) Each accredited association of producers and handler shall, within a reasonable time following a negotiating session, place a copy of a summary of the discussions into their respective accreditation file maintained for that negotiating unit. For the purposes of this section, a negotiating session is a meeting of the parties at which pertinent information is exchanged. Each summary shall accurately reflect the substance of discussions and the points raised by either side. Each summary shall be signed by an authorized representative of the association of producers or handler which prepared it. Each summary shall contain the last offer of contract terms placed on the table during that negotiating session. Either party may place supplementary materials regarding the negotiation into their file.

(2) At the conclusion of the forty-five day negotiating period which is thirty days prior to the normal planting date for sweet corn and potatoes or sixty days prior to the normal harvest date for pears, each of the parties to a negotiation shall place, in their respective accreditation file for that negotiating unit, a report summarizing the negotiations and indicating whether an agreement was reached.

History

Statutory Authority: RCW 15.83.100 and 2020 c 176. WSR 21-08-016, § 16-622-060, filed 3/26/21, effective 4/26/21. Statutory Authority: RCW 15.83.100. WSR 92-07-030, § 16-622-060, filed 3/10/92, effective 4/10/92.

Wash. Admin. Code § 16-622-900 Severability.

If any section or provision of this rule shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the rule as a whole, or any section, provision or part thereof, not adjudged invalid or unconstitutional.

History

Statutory Authority: RCW 15.83.020. WSR 90-08-069, § 16-622-900, filed 4/2/90, effective 5/3/90.

Chapter 16-623 Commission Merchant Act—Licensing fees, proof of payment, cargo manifests and registration of acreage commitments.

Wash. Admin. Code § 16-623-001 Purpose.

The purpose of this chapter is to implement and clarify selected portions of chapter 20.01 RCW. This chapter addresses four topics.

(1) Licensing fees and requirements for commission merchants, dealers, brokers, cash buyers or agents.

(2) Recordkeeping and proof of payment requirements for licensees.

(3) Cargo manifests and shipping documents that accompany hay and straw during transportation.

(4) Rules governing the registration of processor acreage commitments made to producers of annual crops.

History

Statutory Authority: RCW 20.01.020, 20.01.040, chapter 34.05 RCW, and 2012 2nd sp.s. c 7. WSR 12-19-031, § 16-623-001, filed 9/12/12, effective 10/13/12. Statutory Authority: Chapters 20.01 and 34.05 RCW, 2003 1st sp.s. c 25. WSR 05-09-094, § 16-623-001, filed 4/20/05, effective 5/21/05. Statutory Authority: RCW 20.01.040, [20.01.]125, [20.01.]370, [20.01.]380, [20.01.]410, [20.01.]510. WSR 00-22-071, § 16-623-001, filed 10/30/00, effective 11/30/00.

Wash. Admin. Code § 16-623-005 Definitions.

In addition to the definitions listed in RCW 20.01.010, the following definitions are important to understanding this chapter:

"Department" means the Washington state department of agriculture.

"Director" means the director of the Washington state department of agriculture or their designee.

History

Statutory Authority: RCW 20.01.020, 20.01.040, chapter 34.05 RCW, and 2012 2nd sp.s. c 7. WSR 12-19-031, § 16-623-005, filed 9/12/12, effective 10/13/12. Statutory Authority: Chapters 20.01 and 34.05 RCW, 2003 1st sp.s. c 25. WSR 05-09-094, § 16-623-005, filed 4/20/05, effective 5/21/05.

Wash. Admin. Code § 16-623-010 License requirements.

(1) The following table summarizes the license fee requirements for commission merchants, dealers, brokers, cash buyers, or agents:

| License Class | License Fee | Annual Expiration Date | Annual Renewal Date | Penalty Amount for Not Renewing Before January 1 | | --- | --- | --- | --- | --- | | Commission merchant | $605.00 | December 31 | Before January 1 | A late renewal penalty of twenty-five percent of the total fees | | Dealer | $605.00 | December 31 | Before January 1 | A late renewal penalty of twenty-five percent of the total fees | | Limited dealer | $335.00 | December 31 | Before January 1 | A late renewal penalty of twenty-five percent of the total fees | | Broker | $405.00 | December 31 | Before January 1 | A late renewal penalty of twenty-five percent of the total fees | | Cash buyer | $135.00 | December 31 | Before January 1 | A late renewal penalty of twenty-five percent of the total fees | | Agent | $66.00 | December 31 | Before January 1 | A late renewal penalty of twenty-five percent of the total fees | | Additional license per class | $25.00 | December 31 | Before January 1 | A late renewal penalty of twenty-five percent of the total fees |

(2) A licensee can be licensed in more than one class for an additional fee of twenty-five dollars per class. The principal license must be in the class requiring the greatest fee and all requirements must be met for each class in which a license is being requested.

(3) All fees and penalties must be paid before the department issues a license.

(4) Applications for licenses are considered incomplete unless an effective bond or other acceptable form of security is filed with the director.

(5) Licenses may be obtained by contacting the department's agricultural investigations program at 360-902-1854 or email at: commerch@agr.wa.gov. Application forms, bond forms, and forms for securities in lieu of a surety bond are available on the department's website at: http://www.agr.wa.gov/Inspection/CommissionMerchants/.

History

Statutory Authority: RCW 20.01.020, 20.01.040, chapter 34.05 RCW, and 2012 2nd sp.s. c 7. WSR 12-19-031, § 16-623-010, filed 9/12/12, effective 10/13/12. Statutory Authority: RCW 20.01.020, 20.01.040, chapter 34.05 RCW, and 2009 c 564. WSR 09-20-047, § 16-623-010, filed 10/1/09, effective 11/1/09. Statutory Authority: Chapters 20.01 and 34.05 RCW. WSR 07-13-097, § 16-623-010, filed 6/20/07, effective 7/21/07. Statutory Authority: Chapters 20.01 and 34.05 RCW, 2003 1st sp.s. c 25. WSR 05-09-094, § 16-623-010, filed 4/20/05, effective 5/21/05. Statutory Authority: RCW 20.01.040, [20.01.]125, [20.01.]370, [20.01.]380, [20.01.]410, [20.01.]510. WSR 00-22-071, § 16-623-010, filed 10/30/00, effective 11/30/00.

Wash. Admin. Code § 16-623-015 Securities in lieu of a surety bond.

An applicant or licensee may file an assignment of savings or irrevocable letter of credit with the director in lieu of a surety bond. These instruments are subject to the same requirements and provisions as bonds stated in RCW 20.01.210, 20.01.211, and 20.01.212.

History

Statutory Authority: RCW 20.01.020, 20.01.040, chapter 34.05 RCW, and 2012 2nd sp.s. c 7. WSR 12-19-031, § 16-623-015, filed 9/12/12, effective 10/13/12. Statutory Authority: Chapters 20.01 and 34.05 RCW, 2003 1st sp.s. c 25. WSR 05-09-094, § 16-623-015, filed 4/20/05, effective 5/21/05.

Wash. Admin. Code § 16-623-020 Recordkeeping requirements for commission merchants, dealers, brokers and cash buyers.

Every commission merchant, dealer, broker and cash buyer must keep accurate records. The recordkeeping requirements for:

(1) Commission merchants are specified in RCW 20.01.370;

(2) Dealers and cash buyers are specified in RCW 20.01.380; and

(3) Brokers are specified in RCW 20.01.400.

History

Statutory Authority: RCW 20.01.020, 20.01.040, chapter 34.05 RCW, and 2012 2nd sp.s. c 7. WSR 12-19-031, § 16-623-020, filed 9/12/12, effective 10/13/12. Statutory Authority: Chapters 20.01 and 34.05 RCW, 2003 1st sp.s. c 25. WSR 05-09-094, § 16-623-020, filed 4/20/05, effective 5/21/05. Statutory Authority: RCW 20.01.040, [20.01.]125, [20.01.]370, [20.01.]380, [20.01.]410, [20.01.]510. WSR 00-22-071, § 16-623-020, filed 10/30/00, effective 11/30/00.

Wash. Admin. Code § 16-623-030 Cargo manifest requirements for transporting hay and straw.

(1) All commission merchants, dealers, their employees or licensed agents must have a copy of the cargo manifest with each load when transporting hay or straw on equipment owned or under their control.

(2) Any common carrier transporting hay or straw for a commission merchant or dealer may use shipping documents required by either the Washington public utilities and transportation commission or interstate commerce commission instead of the department form described in subsection (5) of this section.

(3) Any common carriers, commission merchants, dealers, their employees or licensed agents transporting hay or straw may use shipping documents other than the department form described in subsection (5) of this section if they have been reviewed and authorized by the department before their use.

(4) Unless the exceptions in subsections (2) and (3) of this section apply, the manifest must be on a form prescribed by the director which is available from the department.

(5) At a minimum, the form requires the following information:

(a) Purchaser's name and address;

(b) Hauler's name and address;

(d) The commodity, unit count, unit price, total price, total weight, tare weight and weight of the commodity;

(e) Terms of the settlement;

(f) Date;

(g) Signature of the licensee or their agent; and

(h) Signature of the consignor or their authorized representative.

History

Statutory Authority: RCW 20.01.020, 20.01.040, chapter 34.05 RCW, and 2012 2nd sp.s. c 7. WSR 12-19-031, § 16-623-030, filed 9/12/12, effective 10/13/12. Statutory Authority: Chapters 20.01 and 34.05 RCW, 2003 1st sp.s. c 25. WSR 05-09-094, § 16-623-030, filed 4/20/05, effective 5/21/05. Statutory Authority: RCW 20.01.040, [20.01.]125, [20.01.]370, [20.01.]380, [20.01.]410, [20.01.]510. WSR 00-22-071, § 16-623-030, filed 10/30/00, effective 11/30/00.

Wash. Admin. Code § 16-623-040 Reporting a processor's plant capacity.

(1) According to RCW 20.01.510, a processor must report the daily total capacity in tons, cases or other legal and customary measure for:

(a) Each crop; and

(b) All plants that process any Washington agricultural product.

(2) For each processing plant reported, the report must include the:

(a) Name;

(b) Site address;

(d) Name of the person(s) who may receive legal service.

History

Statutory Authority: RCW 20.01.020, 20.01.040, chapter 34.05 RCW, and 2012 2nd sp.s. c 7. WSR 12-19-031, § 16-623-040, filed 9/12/12, effective 10/13/12. Statutory Authority: Chapters 20.01 and 34.05 RCW, 2003 1st sp.s. c 25. WSR 05-09-094, § 16-623-040, filed 4/20/05, effective 5/21/05. Statutory Authority: RCW 20.01.040, [20.01.]125, [20.01.]370, [20.01.]380, [20.01.]410, [20.01.]510. WSR 00-22-071, § 16-623-040, filed 10/30/00, effective 11/30/00.

Wash. Admin. Code § 16-623-050 Notification requirements for grower-processor commitments.

(1)(a) Within ten days after a commitment with a processor is made, a grower must notify the director that they have an oral commitment for a specified amount of product.

(b) The grower's notification to the director must be in writing and sent by certified mail to the Washington State Department of Agriculture, c/o the Agricultural Investigations Program, P.O. Box 42560, Olympia, Washington 98504-2560.

(2) Once the grower's notification is received, the director has five days to notify the processor by certified mail.

(3) Regardless of whether or not the processor confirms the director's notice, the processor must simultaneously notify the director and grower, by certified mail, within ten days of receipt of the director's notice.

(4) The processor may accept all, none, or any portion of the acreage and/or tonnage stated in the notice.

(5) Once the oral commitment is confirmed for all or for a portion of the acreage and/or tonnage, the processor is committed to receive the acreage or tonnage specified.

(6) If the contract is the processor's standard contract and the terms of the contract, price or other conditions later offered to the grower are unacceptable to the grower, then the agreement is not binding upon the processor.

History

Statutory Authority: RCW 20.01.020, 20.01.040, chapter 34.05 RCW, and 2012 2nd sp.s. c 7. WSR 12-19-031, § 16-623-050, filed 9/12/12, effective 10/13/12. Statutory Authority: Chapters 20.01 and 34.05 RCW, 2003 1st sp.s. c 25. WSR 05-09-094, § 16-623-050, filed 4/20/05, effective 5/21/05. Statutory Authority: RCW 20.01.040, [20.01.]125, [20.01.]370, [20.01.]380, [20.01.]410, [20.01.]510. WSR 00-22-071, § 16-623-050, filed 10/30/00, effective 11/30/00.

Wash. Admin. Code § 16-623-060 Establishing contract volumes.

For contracts purchasing the production of a specific number of acres, the:

(1) Amount contracted for will be based on the crop yield for the comparable area for the most recent five-year average; and

(2) Crop yield will be determined by using data from the USDA's National Agricultural Statistics Service.

History

Statutory Authority: RCW 20.01.020, 20.01.040, chapter 34.05 RCW, and 2012 2nd sp.s. c 7. WSR 12-19-031, § 16-623-060, filed 9/12/12, effective 10/13/12. Statutory Authority: Chapters 20.01 and 34.05 RCW, 2003 1st sp.s. c 25. WSR 05-09-094, § 16-623-060, filed 4/20/05, effective 5/21/05. Statutory Authority: RCW 20.01.040, [20.01.]125, [20.01.]370, [20.01.]380, [20.01.]410, [20.01.]510. WSR 00-22-071, § 16-623-060, filed 10/30/00, effective 11/30/00.

Chapter 16-645 Hops bales—Weights and tares.

Wash. Admin. Code § 16-645-005 Hops—Bale.

The standard weight for a bale of hops is fixed at from one hundred seventy-five to two hundred thirty pounds.

History

Statutory Authority: RCW 19.94.190 (1). WSR 99-06-072, § 16-645-005, filed 3/2/99, effective 4/2/99.

Wash. Admin. Code § 16-645-010 Hops—Tare.

(1) The amount of tare to be deducted from the gross weight of each bale of hops grown and sold is fixed at five pounds per bale for bales wrapped in burlap cloth. The tare for bales wrapped in plastic baling cloth is fixed at zero.

(2) Any vendor of hops using heavier sacking than specified above or using any extraneous material in the baling thereof shall have the additional sacking or extraneous material deducted as additional tare.

History

Statutory Authority: RCW 19.94.190 (1). WSR 99-06-072, § 16-645-010, filed 3/2/99, effective 4/2/99.

Chapter 16-659 Weights and measures—Liquefied petroleum gas.

Wash. Admin. Code § 16-659-002 Purpose.

The department of agriculture promulgates this chapter to implement the provisions of RCW 19.94.340. The provisions allow the director to issue reasonable rules as necessary to assure that the amounts of commodities sold are determined in accordance with good commercial practice and are determined and represented to be accurate and informative to all interested parties.

History

Statutory Authority: RCW 19.94.340 and [19.94].390. WSR 98-13-073, § 16-659-002, filed 6/15/98, effective 7/16/98.

Wash. Admin. Code § 16-659-010 Liquefied petroleum gas.

(1) Liquefied petroleum gas shall be sold or exposed for sale at retail only by avoirdupois weight, specified in pounds; liquid measure, specified in gallons; or vapor, specified in cubic feet.

(2) When sold by weight or by liquid measure or in units of cubic feet, it shall be dispensed and sold only by the use of such devices that conform to the requirements set forth in National Institute of Standards and Technology Handbook 44, edition specified in chapter 16-662 WAC.

(3) Liquefied petroleum gas sold or delivered to a consumer by liquid measure shall be corrected to a temperature of 60 F with an automatic correction device, or the quantity delivered shall be corrected to a temperature of 60 F in accordance with the volume correction factor table for liquefied petroleum gases set forth in subsection (6) of this chapter. When the delivery is made through a meter automatically corrected for temperature, the retail sales ticket shall show the meter adjusted gallons delivered and state that the temperature correction was made automatically. When the delivery is made through a meter not corrected automatically, the retail sales ticket shall show the metered gallons delivered and the temperature of the liquid at the time of delivery, the volume correction factor and the corrected gallonage: Provided, That this section shall be applicable to new equipment, equipment that has changed ownership or equipment used in the state of Washington for the first time after the effective date of this section. This subsection shall be applicable to all other equipment and with respect to the manual issuances of sales tickets as of January 1, 1969. This subsection shall not apply to unit sales or deliveries made direct to fuel tanks on trucks and automobiles operated on highways, or to containers of less than 200 pound water capacity.

(4) If a device is equipped with an automatic temperature compensator, this shall be connected, operable, and used at all times. Such automatic temperature compensator may not be removed, nor may a compensated device be replaced with an uncompensated device, without the written approval of the weights and measures authority having jurisdiction over the device. Nothing in this subsection shall prohibit the removal of a meter or temperature compensator for repair providing notice of such removal for repair shall be given the weights and measures office in Olympia within three working days.

(5)(a) Containers, including I.C.C. cylinders, with water capacity less than 200 pounds, shall be charged and sold by weight or by metered measure, except containers excluded by law or regulation. The tare weight of the container and the net weight of the contents shall be plainly and conspicuously marked on the outside of the container or on a label firmly attached thereto. This subsection shall not be construed to require the net weight to be labeled on a container that is being filled at the time of sale. Tare weight shall not be construed to include the valve protecting cap which shall be removed when weighing. When liquefied petroleum gas is sold by refilling of a container the vendor shall give the purchaser full credit for the unused liquid remaining in the container being refilled. When liquefied petroleum gas is sold by an exchange of containers the vendor shall specify conspicuously on a label firmly attached to the container the following: Tare weight of the container, the net weight of the contents and the name and address of the facility where the tank was filled. The address shall include the street address, city, state and zip code. Tare weight shall not be construed to include the valve protecting cap. The cap shall be removed when weighing.

(b) A delivery ticket shall be issued at the time of filling and shall set forth the exact amount of liquefied petroleum gas dispensed in terms of weight or if converted to gallons the weight factor used in such conversion. Any service charge shall be shown separately on the delivery ticket but may be included in the total price.

(c) When sold by weight, the tare weight, any unused portion and/or the net weight shall be determined only on devices that are adequately protected from wind and weather conditions that will assure normal accuracy.

(6) Volume correction factor table.

Specific Gravity at 60 F/60 F

[CODIFICATION NOTE: THE GRAPHIC PRESENTATION OF THESE TABLES HAS BEEN VARIED SLIGHTLY IN ORDER THAT THEY WOULD FALL WITHIN THE PRINTING SPECIFICATIONS FOR THE WASHINGTON ADMINISTRATIVE CODE. THE FOLLOWING TABLE WAS TOO WIDE TO BE ACCOMMODATED IN THE WIDTH OF THE WAC COLUMN. THE TABLE AS CODIFIED HAS BEEN DIVIDED INTO TWO TABLES COVERING THE "SPECIFIC GRAVITY AT 60 F/60 F." PART ONE IS FOR 0.500, 0.5079, 0.510, 0.520, 0.530, AND 0.540. PART TWO IS FOR 0.550, 0.560, 0.5631, 0.570, 0.580, AND 0.5844.]

[PART 1—0.500, 0.5079, etc.]

| Degrees Fahr | 0.500 | Propane 0.5079 | 0.510 | 0.520 | 0.530 | 0.540 | | | --- | --- | --- | --- | --- | --- | --- | --- | | | VOLUME CORRECTION FACTORS | | | | | | | | -15 | | 1.112 | 1.109 | 1.107 | 1.102 | 1.097 | 1.093 | | -10 | | 1.105 | 1.102 | 1.100 | 1.095 | 1.091 | 1.087 | | - 5 | | 1.098 | 1.094 | 1.094 | 1.078 | 1.085 | 1.081 | | 0 | | 1.092 | 1.088 | 1.088 | 1.084 | 1.080 | 1.076 | | 2 | | 1.089 | 1.086 | 1.085 | 1.081 | 1.077 | 1.074 | | 4 | | 1.086 | 1.083 | 1.082 | 1.079 | 1.075 | 1.071 | | 6 | | 1.084 | 1.080 | 1.080 | 1.076 | 1.072 | 1.069 | | 8 | | 1.081 | 1.078 | 1.077 | 1.074 | 1.070 | 1.066 | | 10 | | 1.078 | 1.075 | 1.074 | 1.071 | 1.067 | 1.064 | | 12 | | 1.075 | 1.072 | 1.071 | 1.068 | 1.064 | 1.061 | | 14 | | 1.072 | 1.070 | 1.069 | 1.066 | 1.062 | 1.059 | | 16 | | 1.070 | 1.067 | 1.066 | 1.063 | 1.060 | 1.056 | | 18 | | 1.067 | 1.065 | 1.064 | 1.061 | 1.057 | 1.054 | | 20 | | 1.064 | 1.062 | 1.061 | 1.058 | 1.054 | 1.051 | | 22 | | 1.061 | 1.059 | 1.058 | 1.055 | 1.052 | 1.049 | | 24 | | 1.058 | 1.056 | 1.055 | 1.052 | 1.049 | 1.046 | | 26 | | 1.055 | 1.053 | 1.052 | 1.049 | 1.047 | 1.044 | | 28 | | 1.052 | 1.050 | 1.049 | 1.047 | 1.044 | 1.041 | | 30 | | 1.049 | 1.047 | 1.046 | 1.044 | 1.041 | 1.039 | | 32 | | 1.046 | 1.044 | 1.043 | 1.041 | 1.038 | 1.036 | | 34 | | 1.043 | 1.041 | 1.040 | 1.038 | 1.036 | 1.034 | | 36 | | 1.039 | 1.038 | 1.037 | 1.035 | 1.033 | 1.031 | | 38 | | 1.036 | 1.035 | 1.034 | 1.032 | 1.031 | 1.029 | | 40 | | 1.033 | 1.032 | 1.031 | 1.029 | 1.028 | 1.026 | | 42 | | 1.030 | 1.029 | 1.028 | 1.026 | 1.025 | 1.023 | | 44 | | 1.027 | 1.026 | 1.025 | 1.023 | 1.022 | 1.021 | | 46 | | 1.023 | 1.022 | 1.022 | 1.021 | 1.020 | 1.018 | | 48 | | 1.020 | 1.019 | 1.019 | 1.018 | 1.017 | 1.016 | | 50 | | 1.017 | 1.016 | 1.016 | 1.015 | 1.014 | 1.013 | | 52 | | 1.014 | 1.013 | 1.012 | 1.012 | 1.011 | 1.010 | | 54 | | 1.010 | 1.010 | 1.009 | 1.009 | 1.008 | 1.007 | | 56 | | 1.007 | 1.007 | 1.006 | 1.006 | 1.005 | 1.005 | | 58 | | 1.003 | 1.003 | 1.003 | 1.003 | 1.003 | 1.002 | | 60 | | 1.000 | 1.000 | 1.000 | 1.000 | 1.000 | 1.000 | | 62 | | 0.997 | 0.997 | 0.997 | 0.997 | 0.997 | 0.997 | | 64 | | 0.993 | 0.993 | 0.994 | 0.994 | 0.994 | 0.994 | | 66 | | 0.991 | 0.990 | 0.990 | 0.990 | 0.991 | 0.992 | | 68 | | 0.986 | 0.986 | 0.987 | 0.987 | 0.988 | 0.989 | | 70 | | 0.983 | 0.983 | 0.984 | 0.984 | 0.985 | 0.986 | | 72 | | 0.979 | 0.980 | 0.981 | 0.981 | 0.982 | 0.983 | | 74 | | 0.976 | 0.975 | 0.977 | 0.978 | 0.980 | 0.980 | | 76 | | 0.972 | 0.973 | 0.974 | 0.975 | 0.977 | 0.978 | | 78 | | 0.969 | 0.970 | 0.970 | 0.972 | 0.974 | 0.975 | | 80 | | 0.965 | 0.966 | 0.967 | 0.969 | 0.971 | 0.972 | | 82 | | 0.961 | 0.963 | 0.963 | 0.966 | 0.968 | 0.969 | | 84 | | 0.957 | 0.959 | 0.960 | 0.962 | 0.965 | 0.966 | | 86 | | 0.954 | 0.956 | 0.956 | 0.959 | 0.961 | 0.964 | | 88 | | 0.950 | 0.952 | 0.953 | 0.955 | 0.958 | 0.961 | | 90 | | 0.946 | 0.949 | 0.949 | 0.952 | 0.955 | 0.958 | | 92 | | 0.942 | 0.945 | 0.946 | 0.949 | 0.952 | 0.955 | | 94 | | 0.938 | 0.941 | 0.942 | 0.946 | 0.949 | 0.952 | | 96 | | 0.935 | 0.938 | 0.939 | 0.942 | 0.946 | 0.949 | | 98 | | 0.931 | 0.934 | 0.935 | 0.939 | 0.943 | 0.946 | | 100 | | 0.927 | 0.930 | 0.932 | 0.936 | 0.940 | 0.943 | | 105 | | 0.918 | 0.920 | 0.923 | 0.927 | 0.932 | 0.935 | | 110 | | 0.907 | 0.911 | 0.913 | 0.918 | 0.923 | 0.927 | | 115 | | 0.897 | 0.901 | 0.904 | 0.910 | 0.915 | 0.920 | | 120 | | 0.887 | 0.892 | 0.894 | 0.900 | 0.907 | 0.912 |

To convert from measured volume at another temperature to net volume at 60°F: Measure the volume and temperature. Determine the gravity at 60°F. Refer to the column corresponding to this gravity and read the volume conversion factor opposite the observed temperature. Multiply the observed volume by this factor to obtain the volume at 60°F.

[PART 2—0.550, 0.560, etc.]

| Degrees Fahr | 0.550 | iso-Butane 0.560 | 0.5631 | 0.570 | 0.580 | N-Butane 0.5844 | | | --- | --- | --- | --- | --- | --- | --- | --- | | | VOLUME CORRECTION FACTORS | | | | | | | | -15 | | 1.089 | 1.084 | 1.083 | 1.080 | 1.077 | 1.075 | | -10 | | 1.083 | 1.079 | 1.078 | 1.075 | 1.072 | 1.071 | | - 5 | | 1.077 | 1.074 | 1.073 | 1.070 | 1.067 | 1.060 | | 0 | | 1.073 | 1.069 | 1.068 | 1.066 | 1.063 | 1.062 | | 2 | | 1.070 | 1.067 | 1.066 | 1.064 | 1.061 | 1.060 | | 4 | | 1.068 | 1.065 | 1.064 | 1.062 | 1.059 | 1.058 | | 6 | | 1.065 | 1.062 | 1.061 | 1.059 | 1.057 | 1.055 | | 8 | | 1.063 | 1.060 | 1.059 | 1.057 | 1.055 | 1.059 | | 10 | | 1.061 | 1.058 | 1.057 | 1.055 | 1.053 | 1.051 | | 12 | | 1.059 | 1.056 | 1.055 | 1.053 | 1.051 | 1.049 | | 14 | | 1.056 | 1.053 | 1.053 | 1.051 | 1.049 | 1.047 | | 16 | | 1.054 | 1.051 | 1.050 | 1.048 | 1.046 | 1.045 | | 18 | | 1.051 | 1.049 | 1.048 | 1.046 | 1.044 | 1.043 | | 20 | | 1.049 | 1.046 | 1.046 | 1.044 | 1.042 | 1.041 | | 22 | | 1.046 | 1.044 | 1.044 | 1.042 | 1.040 | 1.040 | | 24 | | 1.044 | 1.042 | 1.042 | 1.040 | 1.038 | 1.037 | | 26 | | 1.042 | 1.039 | 1.039 | 1.037 | 1.036 | 1.036 | | 28 | | 1.039 | 1.037 | 1.037 | 1.035 | 1.034 | 1.034 | | 30 | | 1.037 | 1.035 | 1.035 | 1.033 | 1.032 | 1.032 | | 32 | | 1.035 | 1.033 | 1.033 | 1.031 | 1.030 | 1.030 | | 34 | | 1.032 | 1.031 | 1.030 | 1.029 | 1.028 | 1.028 | | 36 | | 1.030 | 1.028 | 1.028 | 1.027 | 1.025 | 1.025 | | 38 | | 1.027 | 1.026 | 1.025 | 1.025 | 1.023 | 1.023 | | 40 | | 1.025 | 1.024 | 1.023 | 1.023 | 1.021 | 1.021 | | 42 | | 1.023 | 1.022 | 1.021 | 1.021 | 1.019 | 1.019 | | 44 | | 1.020 | 1.019 | 1.019 | 1.018 | 1.017 | 1.017 | | 46 | | 1.018 | 1.017 | 1.016 | 1.016 | 1.015 | 1.015 | | 48 | | 1.015 | 1.014 | 1.014 | 1.013 | 1.013 | 1.016 | | 50 | | 1.013 | 1.012 | 1.012 | 1.011 | 1.011 | 1.011 | | 52 | | 1.101 | 1.009 | 1.009 | 1.009 | 1.009 | 1.009 | | 54 | | 1.007 | 1.007 | 1.007 | 1.007 | 1.006 | 1.006 | | 56 | | 1.005 | 1.005 | 1.005 | 1.005 | 1.004 | 1.004 | | 58 | | 1.002 | 1.002 | 1.002 | 1.002 | 1.002 | 1.002 | | 60 | | 1.000 | 1.000 | 1.000 | 1.000 | 1.000 | 1.000 | | 62 | | 0.997 | 0.998 | 0.998 | 0.998 | 0.998 | 0.998 | | 64 | | 0.995 | 0.995 | 0.995 | 0.995 | 0.996 | 0.996 | | 66 | | 0.992 | 0.993 | 0.993 | 0.993 | 0.993 | 0.993 | | 68 | | 0.990 | 0.990 | 0.990 | 0.990 | 0.991 | 0.991 | | 70 | | 0.987 | 0.988 | 0.988 | 0.988 | 0.989 | 0.989 | | 72 | | 0.984 | 0.985 | 0.986 | 0.986 | 0.987 | 0.987 | | 74 | | 0.982 | 0.983 | 0.983 | 0.984 | 0.985 | 0.985 | | 76 | | 0.979 | 0.980 | 0.981 | 0.981 | 0.982 | 0.982 | | 78 | | 0.977 | 0.978 | 0.978 | 0.979 | 0.980 | 0.980 | | 80 | | 0.974 | 0.975 | 0.976 | 0.977 | 0.978 | 0.978 | | 82 | | 0.971 | 0.972 | 0.973 | 0.974 | 0.976 | 0.976 | | 84 | | 0.968 | 0.970 | 0.971 | 0.972 | 0.974 | 0.974 | | 86 | | 0.966 | 0.967 | 0.968 | 0.969 | 0.972 | 0.972 | | 88 | | 0.963 | 0.965 | 0.966 | 0.967 | 0.969 | 0.969 | | 90 | | 0.960 | 0.962 | 0.963 | 0.964 | 0.967 | 0.967 | | 92 | | 0.957 | 0.959 | 0.960 | 0.962 | 0.964 | 0.965 | | 94 | | 0.954 | 0.957 | 0.958 | 0.959 | 0.962 | 0.962 | | 96 | | 0.952 | 0.954 | 0.955 | 0.957 | 0.959 | 0.960 | | 98 | | 0.949 | 0.952 | 0.953 | 0.954 | 0.957 | 0.957 | | 100 | | 0.946 | 0.949 | 0.950 | 0.952 | 0.954 | 0.955 | | 105 | | 0.939 | 0.943 | 0.943 | 0.946 | 0.949 | 0.949 | | 110 | | 0.932 | 0.936 | 0.937 | 0.939 | 0.943 | 0.944 | | 115 | | 0.925 | 0.930 | 0.930 | 0.933 | 0.937 | 0.938 | | 120 | | 0.918 | 0.923 | 0.924 | 0.927 | 0.931 | 0.932 |

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency.

Chapter 16-662 Weights and measures—National handbooks, sale of motor fuel, electric vehicle supply equipment, and penalties for violations.

Wash. Admin. Code § 16-662-100 Purpose.

(1) This chapter establishes, under the authority of the Washington state department of agriculture (WSDA), requirements for the state of Washington that are reasonably consistent with the uniform rules adopted by the National Conference on Weights and Measures (NCWM) and published by the National Institute of Standards and Technology (NIST). This chapter also establishes requirements for the retail sale and advertising of motor fuel, and establishes a matrix for determining civil penalties under RCW 19.112.060 (1)(b) for motor fuel quality violations.

(2) This chapter applies specifically to the:

(a) Uniform specifications, tolerances and other technical requirements for weighing and measuring devices addressed in NIST Handbook 44;

(b) Uniform regulation for weighing and measuring devices under the national type evaluation program (NTEP) addressed in NIST Handbook 130;

(d) Uniform packaging and labeling regulation addressed in NIST Handbook 130;

(e) Uniform regulation for the method of sale of commodities addressed in NIST Handbook 130;

(f) Uniform examination procedure for price verification addressed in NIST Handbook 130;

(g) Engine fuels, petroleum products, and automotive lubricants regulation addressed in NIST Handbook 130;

(h) Specifications and tolerances for reference standards and field standard weights and measures addressed in the NIST Handbook 105 series;

(i) Requirements for the retail sale and advertising of motor fuel; and

(j) Civil penalties for motor fuel quality violations as provided for under RCW 19.112.060 (1)(b).

(3)(a) NISTHandbook 44, NIST Handbook 130, NIST Handbook 133, and NIST Handbooks 105 are available on the NIST website at http://www.nist.gov/pml/wmd/pubs/handbooks.cfm or may be purchased on the NCWM website at http://www.ncwm.net/publications or by mail from the National Conference on Weights and Measures, 1135 M Street, Suite 110, Lincoln, Nebraska 68508. Copies of the NIST handbooks and ASTM standards are available for viewing at the Washington State Department of Agriculture, 2nd Floor, Natural Resources Building, 1111 Washington Street S.E., Olympia, WA 98504-2560.

(b) You may search the NTEP database for certificates of conformance (CC) on the NCWM website at http://www.ncwm.net/ntep/cert_search.

(c) For information regarding the contents and application of these publications and database, contact the weights and measures program at the Washington State Department of Agriculture, P.O. Box 42560, Olympia, Washington 98504-2560, telephone number 360-902-1857, or email wts&measures@agr.wa.gov.

History

Statutory Authority: RCW 19.94.190, 19.94.195, 19.112.020, 19.112.140, and chapter 34.05 RCW. WSR 16-19-093, § 16-662-100, filed 9/21/16, effective 10/22/16
WSR 14-19-033, § 16-662-100, filed 9/9/14, effective 10/10/14. Statutory Authority: RCW 19.94.190, 19.112.020, 19.112.140 and chapter 34.05 RCW. WSR 13-03-054, § 16-662-100, filed 1/11/13, effective 2/11/13. Statutory Authority: Chapters 19.94, 19.112, and 34.05 RCW. WSR 12-02-021, § 16-662-100, filed 12/28/11, effective 1/28/12
WSR 09-19-007, § 16-662-100, filed 9/3/09, effective 10/4/09. Statutory Authority: Chapters 19.112 and 34.05 RCW. WSR 07-05-083, § 16-662-100, filed 2/21/07, effective 3/24/07. Statutory Authority: Chapters 19.94 and 34.05 RCW. WSR 05-10-088, § 16-662-100, filed 5/4/05, effective 6/4/05
WSR 03-08-017, § 16-662-100, filed 3/25/03, effective 4/25/03. Statutory Authority: Chapter 19.94 RCW. WSR 97-12-075, § 16-662-100, filed 6/4/97, effective 7/5/97.

Wash. Admin. Code § 16-662-105 Standards adopted by the Washington state department of agriculture (WSDA).

Except as otherwise modified in this chapter, WSDA adopts the following national standards:

| National standard for: | Contained in the: | | --- | --- | | (1) The specifications, tolerances, and other technical requirements for the design, manufacture, installation, performance test, and use of weighing and measuring equipment | 2016 Edition of NIST Handbook 44 - Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices | | (2) The procedures for checking the accuracy of the net contents of packaged goods | 2016 Edition of NIST Handbook 133 - Checking the Net Contents of Packaged Goods | | (3) The requirements for packaging and labeling, method of sale of commodities, national type evaluation, examination procedures for price verification, and engine fuels, petroleum products and automotive lubricants | 2016 Edition of NIST Handbook 130 - Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality. Specifically: | | (a) Weights and measures requirements for all food and nonfood commodities in package form | Uniform Packaging and Labeling Regulation as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2016 Edition. | | (b) Weights and measures requirements for the method of sale of food and nonfood commodities | Uniform Regulation for the Method of Sale of Commodities as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2016 Edition. | | (c) Weights and measures requirements for price verification | Examination Procedure for Price Verification as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2016 Edition. | | (d) Definitions; standard fuel specifications; classification and method of sale of petroleum products; retail storage tanks and dispenser filters; condemned product; product registration; and test methods and reproducibility limits | Uniform Engine Fuels and Automotive Lubricants Regulation as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2016 Edition. | | (e) Weights and measures requirements for national type evaluation | Uniform Regulation for National Type Evaluation as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2016 Edition. | | (4) Specifications and tolerances for reference standards and field standard weights and measures | NIST Handbook 105-1, Specifications and Tolerances for Field Standard Weights (NIST Class F) - 1990; | | | NIST Handbook 105-2, Specifications and Tolerances for Field Standard Measuring Flasks - 1996; | | | NIST Handbook 105-3, Specifications and Tolerances for Graduated Neck Type Volumetric Field Standards - 2010; | | | NIST Handbook 105-4, Specifications and Tolerances for Liquefied Petroleum Gas and Anhydrous Ammonia Liquid Volumetric Provers - 2010; | | | NIST Handbook 105-5, Specifications and Tolerances for Field Standard Stopwatches - 1997; | | | NIST Handbook 105-6, Specifications and Tolerances for Thermometers - 1997; | | | NIST Handbook 105-7, Specifications and Tolerances for Dynamic Small Volume Provers - 1997; | | | NIST Handbook 105-8, Specifications and Tolerances for Field Standard Weight Carts - 2003. |

History

Statutory Authority: RCW 19.94.190, 19.94.195, 19.112.020, 19.112.140, and chapter 34.05 RCW. WSR 16-19-093, § 16-662-105, filed 9/21/16, effective 10/22/16
WSR 14-19-033, § 16-662-105, filed 9/9/14, effective 10/10/14. Statutory Authority: RCW 19.94.190, 19.112.020, 19.112.140 and chapter 34.05 RCW. WSR 13-03-054, § 16-662-105, filed 1/11/13, effective 2/11/13
WSR 12-08-041, § 16-662-105, filed 3/30/12, effective 4/30/12. Statutory Authority: Chapters 19.94, 19.112, and 34.05 RCW. WSR 12-02-021, § 16-662-105, filed 12/28/11, effective 1/28/12. Statutory Authority: Chapters 19.94, 19.112, 34.05 RCW, and 2010 c 96. WSR 10-18-088, § 16-662-105, filed 9/1/10, effective 10/2/10. Statutory Authority: Chapters 19.94, 19.112, and 34.05 RCW. WSR 09-19-007, § 16-662-105, filed 9/3/09, effective 10/4/09. Statutory Authority: Chapters 19.94 and 34.05 RCW. WSR 08-05-007, § 16-662-105, filed 2/7/08, effective 3/9/08. Statutory Authority: Chapters 19.112 and 34.05 RCW. WSR 07-05-083, § 16-662-105, filed 2/21/07, effective 3/24/07. Statutory Authority: Chapters 19.94 and 34.05 RCW. WSR 07-01-115A, § 16-662-105, filed 12/20/06, effective 1/20/07
WSR 06-08-102, § 16-662-105, filed 4/5/06, effective 5/6/06
WSR 05-10-088, § 16-662-105, filed 5/4/05, effective 6/4/05
WSR 04-12-025, § 16-662-105, filed 5/26/04, effective 6/26/04
WSR 03-08-017, § 16-662-105, filed 3/25/03, effective 4/25/03. Statutory Authority: Chapter 19.94 RCW. WSR 02-12-029, § 16-662-105, filed 5/29/02, effective 6/29/02. Statutory Authority: RCW 19.94.195. WSR 01-16-005, § 16-662-105, filed 7/19/01, effective 8/19/01
WSR 00-14-005, § 16-662-105, filed 6/23/00, effective 7/24/00
WSR 99-07-056, § 16-662-105, filed 3/16/99, effective 4/16/99
WSR 98-13-072, § 16-662-105, filed 6/15/98, effective 7/16/98. Statutory Authority: Chapter 19.94 RCW. WSR 97-12-075, § 16-662-105, filed 6/4/97, effective 7/5/97.

Wash. Admin. Code § 16-662-115 Modifications to NIST Handbook 130.

(1) WSDA adopts the following modifications to the listed sections of the Uniform Regulation for the Method of Sale of Commodities requirements published in NIST Handbook 130, identified in WAC 16-662-105 (3)(b):

| Modified Section: | Modification: | | | --- | --- | --- | | Section 2.20.1. Method of Retail Sale | Modify the existing text in section 2.20.1 with the following: "Type of Oxygenate must be Disclosed. | | | | | (a) All automotive gasoline or automotive gasoline-oxygenate blends kept, offered, or exposed for sale, or sold at retail containing at least 1.5 mass percent oxygen shall be identified as "with" or "containing" (or similar wording) the predominant oxygenate in the engine fuel. The oxygenate contributing the largest mass percent oxygen to the blend shall be considered the predominant oxygenate. Where mixtures of only ethers are present, the retailer may post the predominant oxygenate followed by the phrase "or other ethers." In addition, gasoline-methanol blend fuels containing more than 0.15 mass percent oxygen from methanol shall be identified as "with" or "containing" methanol. | | | | (b) Methanol at one percent or greater, by volume, in gasoline for use as motor vehicle fuel must be labeled with the maximum percentage of methanol contained in the motor vehicle fuel. | | | | (c) Gasoline-ethanol blend fuels containing not more than ten percent ethanol by volume, must be labeled "Contains up to 10% Ethanol." | | | | (d) This information shall be posted on the upper fifty percent of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at least 12.7 mm (1/2 in.) in height, 1.5 mm (1/16 in.) stroke (width of type)." | | Section 2.23.2. Animal Bedding | Modify the existing text to add: "2.23.2. Sawdust, Barkdust, Decorative Wood Particles, and Similar Products. As used in this subsection, "unit" means a standard volume equal to 200 cubic feet. When advertised, offered for sale, or sold within Washington state, quantity representations for sawdust, barkdust, decorative wood particles, and similar loose bulk materials must be in cubic measures or units and fractions thereof." | | | Section 2.30.2. Labeling Requirements | Modify the existing text to add: Ethanol flex fuel identification and labeling must be done in accordance with 16 C.F.R. Part 306. | | | Section 2.31.2. Labeling of Retail Dispensers | Modify the existing text to add the following: "2.31.2.5. Labeling of Retail Dispensers Containing Not More Than 5% Biodiesel. | | | | | (a) Each retail dispenser of biodiesel or biodiesel blend containing not more than five percent biodiesel must be labeled "May contain up to 5% Biodiesel." | | | | (b) This information shall be posted on the upper 50% of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at least 12.7 mm (1/2 in.) in height, 1.5 mm (1/16 in.) stroke (width of type)." | | | Modify the existing text to add the following: "2.31.2.6. Labeling of Retail Dispensers Containing More Than 5% Biodiesel. | | | | | (a) Each retail dispenser of biodiesel or biodiesel blend containing more than five percent biodiesel must be labeled with the capital letter B followed by the numerical value representing the volume percentage of biodiesel fuel and ending with either "biodiesel" or "biodiesel blend" (examples: B100 Biodiesel; B60 Biodiesel Blend). | | | | (b) This information shall be posted on the upper 50% of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at least 12.7 mm (1/2 in.) in height, 1.5 mm (1/16 in.) stroke (width of type)." | | Section 2.31.4. Exemption | Modify the existing text to delete section 2.31.4. | | | Section 2.34. Retail Sales of Electricity Sold as a Vehicle Fuel | Modify the existing text to delete section 2.34. | |

(2) WSDA adopts the following modifications to the listed sections of the Uniform Engine Fuels and Automotive Lubricants Regulation requirements published in NIST Handbook 130, identified in WAC 16-662-105 (3)(d):

| Modified Section: | Modification: | | | | --- | --- | --- | --- | | Section 2.1.2. Gasoline-Ethanol Blends | Replace the existing text in section 2.1.2 with the following: "When gasoline is blended with 1 to 10 volume percent ethanol, the ethanol shall meet the requirements of ASTM D4806 and either: | | | | | | (a) The base gasoline used for blending with ethanol shall meet the requirements of ASTM D4814; except that the base gasoline shall meet the minimum temperature for a Vapor-Liquid Ratio of 20 for the applicable vapor lock protection class as follows: | | | | | | (1) Class 1 shall be 60°C (140°F) | | | | | (2) Class 2 shall be 56°C (133˚F) | | | | | (3) Class 3 shall be 51°C (124°F) | | | | | (4) Class 4 shall be 47°C (116°F) | | | | | (5) Class 5 shall be 41°C (105°F) | | | or | | | | | | (b) The blend shall meet the requirements of ASTM D4814." | | | | Modify the existing text to add the following: "2.1.2.1. Maximum Vapor Pressure. The maximum vapor pressure of a gasoline-ethanol blend shall not exceed ASTM D4814 limits by more than 1.0 psi for: | | | | | | (a) Only 9 to 10 volume percent ethanol blends from June 1 through September 15. | | | | | (b) All blends of 1 to 10 volume percent ethanol from September 16 through May 31." | | | Section 3.2.6. Method of Retail Sale | Modify the existing text in section 3.2.6 with the following: "Type of Oxygenate must be Disclosed. | | | | | | (a) All automotive gasoline or automotive gasoline-oxygenate blends kept, offered, or exposed for sale, or sold at retail containing at least 1.5 mass percent oxygen shall be identified as "with" or "containing" (or similar wording) the predominant oxygenate in the engine fuel. The oxygenate contributing the largest mass percent oxygen to the blend shall be considered the predominant oxygenate. Where mixtures of only ethers are present, the retailer may post the predominant oxygenate followed by the phrase "or other ethers." In addition, gasoline-methanol blend fuels containing more than 0.15 mass percent oxygen from methanol shall be identified as "with" or "containing" methanol. | | | | | (b) Methanol at one percent or greater, by volume, in gasoline for use as motor vehicle fuel must be labeled with the maximum percentage of methanol contained in the motor vehicle fuel. | | | | | (c) Gasoline-ethanol blend fuels containing not more than ten percent, by volume, must be labeled "Contains up to 10% Ethanol." | | | | | (d) This information shall be posted on the upper 50% of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at least 12.7 mm (1/2 in.) in height, 1.5 mm (1/16 in.) stroke (width of type)." | | | Section 3.8.2. Labeling Requirements | Modify the existing text to add: Ethanol flex fuel identification and labeling shall be in accordance with 16 C.F.R. Part 306. | | | | Section 3.9.2. Retail Dispenser Labeling | Modify the existing text in section 3.9.2 to add: "(c) Each retail dispenser of fuel methanol shall be labeled by the capital letter M followed by the numerical value maximum volume percent and ending with the word "Methanol." (Example: M85 Methanol.) This information shall be posted on the upper 50% of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at least 12.7 mm (1/2 in.) in height, 1.5 mm (1/16 in.) stroke (width of type)." | | | | Section 3.15.2. Labeling of Retail Dispensers | Modify the existing text in subsection 3.15.2 to add: "3.15.2.5. Labeling of Retail Dispensers Containing Not More Than 5% Biodiesel. Each retail dispenser of biodiesel blend containing not more than five percent biodiesel must be labeled "May contain up to 5% Biodiesel."" | | | | | Modify the existing text in subsection 3.15.2 to add: "3.15.2.6. Labeling of Retail Dispensers Containing More Than 5% Biodiesel. Each retail dispenser of biodiesel or biodiesel blend containing more than five percent biodiesel must be labeled with the capital letter B followed by the numerical value representing the volume percentage of biodiesel fuel and ending with either "Biodiesel" or "Biodiesel blend" (examples: B100 Biodiesel; B60 Biodiesel blend)." | | | | | Modify the existing text in subsection 3.15.2 to add: "3.15.2.7. Placement of label. Labels shall be posted on the upper 50% of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at least 12.7 mm (1/2 in.) in height, 1.5 mm (1/16 in.) stroke (width of type)." | | | | Section 3.15.4. Exemption | Delete section 3.15.4. | | |

(3) WSDA adopts the following modifications to the listed sections of the Uniform Regulation for National Type Evaluation requirements published in NIST Handbook 130, identified in WAC 16-662-105 (3)(e):

| Modified Section: | Modification: | | --- | --- | | Section 2.3. Director | Modify the existing text in section 2.3 with the following: "Director – Means the director of the Washington state department of agriculture." | | Section 4. Prohibited Acts and Exemptions | Modify the existing text in subsection (c) with the following: "A device in service in this state prior to July 5, 1997, that meets the specifications, tolerances, and other technical requirements of the National Institute of Standards and Technology Handbook 44 shall not be required to be traceable to an active CC." | | | Modify the existing text in subsection (d) with the following: "A device in service in this state prior to July 5, 1997, removed from service by the owner or on which the department has issued a removal order after July 5, 1997, and returned to service at a later date shall be modified to meet all specifications, tolerances, and other technical requirements of the National Institute of Standards and Technology Handbook 44 effective on the date of the return to service. Such a device shall not be required to be traceable to an active CC." | | | Modify the existing text in subsection (e) with the following: "A device in service in this state prior to July 5, 1997, which is repaired after such date shall meet the specifications, tolerances, and other technical requirements of the National Institute of Standards and Technology Handbook 44 and shall not be required to be traceable to an active CC." | | | Modify the existing text in subsection (f) with the following: "A device in service in this state prior to July 5, 1997, that is still in use may be installed at another location in this state provided the device meets requirements in effect as of the date of installation in the new location; however, the device shall not be required to be traceable to an active CC." | | | Modify the existing text in subsection (g) with the following: "A device in service in another state prior to July 5, 1997, may be installed in this state; however, the device shall meet the specifications, tolerances, and other technical requirements for weighing and measuring devices in the National Institute of Standards and Technology Handbook 44 and be traceable to an active CC." | | Section 5. Participating Laboratory and Agreements | Modify the existing text to delete section 5. | | Section 6. Revocation of Conflicting Regulations | Modify the existing text to delete section 6. | | Section 7. Effective Date | Modify the existing text to delete section 7. |

History

Statutory Authority: RCW 19.94.190, 19.94.195, 19.112.020, 19.112.140, and chapter 34.05 RCW. WSR 16-19-093, § 16-662-115, filed 9/21/16, effective 10/22/16
WSR 14-19-033, § 16-662-115, filed 9/9/14, effective 10/10/14. Statutory Authority: RCW 19.94.190, 19.112.020, 19.112.140 and chapter 34.05 RCW. WSR 13-03-054, § 16-662-115, filed 1/11/13, effective 2/11/13
WSR 12-08-041, § 16-662-115, filed 3/30/12, effective 4/30/12. Statutory Authority: Chapters 19.94, 19.112, 34.05 RCW, and 2010 c 96. WSR 10-18-088, § 16-662-115, filed 9/1/10, effective 10/2/10. Statutory Authority: Chapters 19.94, 19.112, and 34.05 RCW. WSR 09-19-007, § 16-662-115, filed 9/3/09, effective 10/4/09. Statutory Authority: Chapters 19.112 and 34.05 RCW. WSR 07-05-083, § 16-662-115, filed 2/21/07, effective 3/24/07. Statutory Authority: Chapters 19.94 and 34.05 RCW. WSR 05-10-088, § 16-662-115, filed 5/4/05, effective 6/4/05
WSR 03-08-017, § 16-662-115, filed 3/25/03, effective 4/25/03. Statutory Authority: RCW 19.94.195. WSR 98-13-072, § 16-662-115, filed 6/15/98, effective 7/16/98. Statutory Authority: Chapter 19.94 RCW. WSR 97-12-075, § 16-662-115, filed 6/4/97, effective 7/5/97.

Wash. Admin. Code § 16-662-120 Inspections of the net contents of packaged goods under NIST Handbook 133.

WSDA will inspect packages using either "used dry tare" or "unused dry tare" in accordance with the procedures in NIST Handbook 133 and as defined in Appendix F Glossary. WSDA does not use "wet tare" in inspecting packages.

History

Statutory Authority: RCW 19.94.190, 19.94.195, 19.112.020, 19.112.140, and chapter 34.05 RCW. WSR 14-19-033, § 16-662-120, filed 9/9/14, effective 10/10/14. Statutory Authority: Chapters 19.94, 19.112, and 34.05 RCW. WSR 12-02-021, § 16-662-120, filed 12/28/11, effective 1/28/12. Statutory Authority: Chapters 19.94 and 34.05 RCW. WSR 05-10-088, § 16-662-120, filed 5/4/05, effective 6/4/05.

Wash. Admin. Code § 16-662-125 Enforcement actions for price verification inspections under NIST Handbook 130.

WSDA uses NIST Handbook 130, Examination Procedure For Price Verification, Section 11.2., Model Enforcement Levels. Overcharges will be used to determine price accuracy for enforcement actions under chapter 19.94 RCW.

History

Statutory Authority: RCW 19.94.190, 19.112.020, 19.112.140, and chapter 34.05 RCW. WSR 12-08-041, § 16-662-125, filed 3/30/12, effective 4/30/12. Statutory Authority: Chapters 19.94 and 34.05 RCW. WSR 05-10-088, § 16-662-125, filed 5/4/05, effective 6/4/05.

Wash. Admin. Code § 16-662-140 Retail sales of motor fuels.

All devices used for retail motor fuel sales shall:

(1) Display the price per gallon or price per liter as set forth in NIST Handbook 44 adopted under this chapter;

(2) Indicate the amount of fuel delivered during a single retail transaction as set forth in NIST Handbook 44 adopted under this chapter;

(3) Compute and display the selling price per unit as set forth in NIST Handbook 44 adopted under this chapter;

(4) Compute and display the total selling price for a single retail transaction as set forth in NIST Handbook 44 adopted under this chapter; and

(5) Provide a receipt for retail transactions as set forth in NIST Handbook 44 adopted under this chapter.

History

Statutory Authority: RCW 19.94.190, 19.112.020, 19.112.140 and chapter 34.05 RCW. WSR 13-03-054, § 16-662-140, filed 1/11/13, effective 2/11/13.

Wash. Admin. Code § 16-662-145 Posting of motor fuel prices—Cash and credit sales.

The following rules apply to the posting of prices of retail sales of motor fuels. As used herein, motor fuel means any fuel used in motor vehicles including, but not limited to, gasoline, diesel, propane, and alcohol-gasoline blends. As used herein, motor vehicles shall include all wheeled motorized vehicles, and all boats and airplanes.

(1) The posted or advertised price of motor fuel at retail outlets must be available to all consumers. Any condition or qualification required to obtain the posted price must be clearly displayed in letters of contrasting color at least one-third the size of the posted price and immediately adjacent thereto.

(2) The posted or advertised grade of fuel must be clearly displayed in letters of contrasting color at least one-sixth the size of the posted price and immediately adjacent thereto.

(3) A cash price may be posted or advertised if the posting of the price clearly shows it to be limited to cash purchases. The information shall be in letters at least one-third the size of the posted price and immediately adjacent thereto.

(4) If mixed case letters are used to display the grade of the fuel and any condition or qualification, the size requirements of the letters apply to the upper case letters and any lower case letters must be in proportionate scale.

(5) Cash and credit sales. If a retailer elects to establish separate islands or individual dispensers for cash and credit sales, the islands or dispensers shall be clearly marked as such in letters at least six inches in height and of proportional width.

(6) Posted prices of motor fuels at retail outlets shall include all federal, state, and local taxes.

History

Statutory Authority: RCW 19.94.190, 19.94.195, 19.112.020, 19.112.140, and chapter 34.05 RCW. WSR 14-19-033, § 16-662-145, filed 9/9/14, effective 10/10/14. Statutory Authority: RCW 19.94.190, 19.112.020, 19.112.140 and chapter 34.05 RCW. WSR 13-03-054, § 16-662-145, filed 1/11/13, effective 2/11/13.

Wash. Admin. Code § 16-662-150 Unlawful acts—National type evaluation program (NTEP).

It shall be unlawful for a person to:

(1) Use a device in commercial application if a certificate of conformance has not been issued for such device, unless exempt under WAC 16-662-105 (3)(e).

(2) Sell a device for use in commercial application if a certificate of conformance has not been issued for such device, unless exempt under WAC 16-662-105 (3)(e).

History

Statutory Authority: RCW 19.94.190, 19.94.195, 19.112.020, 19.112.140, and chapter 34.05 RCW. WSR 14-19-033, § 16-662-150, filed 9/9/14, effective 10/10/14.

Wash. Admin. Code § 16-662-160 Definitions for civil penalties and enforcement—Motor fuel quality.

The following definitions apply to WAC 16-662-165 and 16-662-170:

"Violation" means commission of an act or acts prohibited by chapter 19.112 RCW, Motor Fuel Quality Act, and this chapter or the failure to act in compliance with the requirements of chapter 19.112 RCW and this chapter. Violations include the following: Marketing motor fuels in any manner that may deceive or tend to deceive the purchaser as to the nature, price, quantity and quality of a motor fuel; hindering or obstructing the director or the director's authorized agent in the performance of their duties; marketing a motor fuel that is contrary to the provisions of chapter 19.112 RCW and the regulations adopted under the authority of the Motor Fuel Quality Act.

"First violation" means an act or omission unlawful under RCW 19.112.050 that has resulted in a notice of violation or a notice of correction.

"Second violation" means one same or similar violation as a first violation that occurs within two years of the first violation.

"Third violation" means one same or similar violation as a second violation that occurs within two years of the second violation.

"Fourth violation" means one same or similar violation as a third violation that occurs within two years or the third violation.

"Subsequent violation" means one same or similar violation as a fourth violation that occurs within two years of the fourth or any subsequent violation.

"Similar violation" means a violation of a comparable but not identical standard or requirement. For example: A violation of an ASTM fuel standard would be a violation similar to a violation of a different ASTM fuel standard. A violation of an ASTM fuel standard would not be similar to a violation of fuel pricing violation. When determining the level of violation, prior incidents will be based on the date that a final order or stipulated order resolved the prior violation and not from the date that the incident occurred.

"Notice of correction" means a document issued by the department in accordance with RCW 43.05.100. A notice of correction will identify any condition that is a violation. Any violation identified in a notice of correction is a violation even though that violation is not subject to a civil penalty when the notice of correction is issued.

"Notice of intent" means a document issued by the department in accordance with RCW 43.05.110. A notice of intent assesses a civil penalty under RCW 19.112.060 (1)(b) for violations of chapter 19.112 RCW as provided under WAC 16-662-165 and 16-662-170.

History

Statutory Authority: RCW 19.94.190, 19.94.195, 19.112.020, 19.112.140, and chapter 34.05 RCW. WSR 16-19-093, § 16-662-160, filed 9/21/16, effective 10/22/16.

Wash. Admin. Code § 16-662-165 Civil penalties and enforcement—Motor fuel quality.

(1) Enforcement actions and civil penalties will be assessed as described below. The department considers each violation to be a separate and distinct occurrence.

(a) Penalties for ASTM specifications violations include a gasoline or diesel sample not meeting one or more ASTM quality specifications as indicated by the department's contract laboratory certificate of analysis. The applicable standards include: D4814 gasoline and gasoline – oxygenate blends, ASTM D7467 biodiesel blends greater than five percent and equal to or less than twenty percent, ASTM 6751 B100 and D975 diesel and biodiesel blends equal to or less than five percent, gasoline - ethanol blends exceeding legal limits, ASTM D5798 ethanol flex fuel, also referred to as E85 fuel ethanol or E85 motor fuel.

| | Gasoline | Diesel | Biodiesel and biodiesel blends | Other fuels | | --- | --- | --- | --- | --- | | 1st Violation | Notice of Correction | Notice of Correction | Notice of Correction | Notice of Correction | | 2nd Violation | $1,500.00 | $1,500.00 | $1,500.00 | $1,500.00 | | 3rd Violation | $3,000.00 | $3,000.00 | $3,000.00 | $3,000.00 | | 4th and subsequent violations | $10,000.00 | $10,000.00 | $10,000.00 | $10,000.00 |

(b) Penalties for biodiesel and biodiesel blend ratio violations, including biodiesel and biodiesel blends above or below what is labeled on the dispenser.

| | Blends between 0 and 5 percent | Blends between 6 and 20 percent | Blends between 21 and 99 percent | 100% Biodiesel | | --- | --- | --- | --- | --- | | 1st Violation | Notice of Correction | Notice of Correction | Notice of Correction | Notice of Correction | | 2nd Violation | $1,200.00 | $1,400.00 | $1,400.00 | $1,400.00 | | 3rd Violation | $1,700.00 | $1,900.00 | $1,900.00 | $1,900.00 | | 4th and subsequent violations | $2,700.00 | $2,900.00 | $2,900.00 | $2,900.00 |

(c) Penalties for water in retail fuel storage tanks violations, including failed field tests to determine water in fuel storage tanks exceeding NIST Handbook 130, Uniform Engine Fuels and Automotive Lubricants Regulation, Retail Storage Tanks and Dispenser Filters, Subsections 4.1 and 4.2.

| | Water phase exceeding 1 inch in storage tanks used for gasoline or diesel Water phase exceeding 1/4 inch in storage tanks used for biodiesel blends up to 20% | Water phase exceeding 1/4 inch in storage tanks used for gasoline ethanol blends or biodiesel blends above 20% | Any fuel storage tank with a water phase exceeding 6 inches | | --- | --- | --- | --- | | 1st Violation | NOC | Stop-Sale and $200.00 | Stop-Sale and $1,500.00 | | 2nd Violation | $1,000.00 | Stop-Sale and $1,000.00 | Stop-Sale and $3,000.00 | | 3rd Violation | $2,500.00 | Stop-Sale and $2,500.00 | Stop-Sale and $6,000.00 | | 4th and subsequent violation | $5,000.00 | Stop-Sale and $5,000.00 | Stop-Sale and $10,000.00 |

(d) Penalties for fuel dispenser labeling and retail storage tank fill connection marking violations, including biodiesel, ethanol blended and other fuels offered for sale without dispenser labeling required by WAC 16-662-105 and NIST Handbook 130, Uniform Engine Fuels and Automotive Lubricants Regulation, Section 3 Classification and Method of Sale of Petroleum Products as modified by WAC 16-662-115; and retail storage tanks missing fill connection markings as required by NIST Handbook 130, Uniform Engine Fuels and Automotive Lubricants Regulation, Retail Storage Tanks and Dispenser Filters, Subsection 4.4 Product Storage Identification.

| | Biodiesel blends | Gasoline and gasoline-ethanol blends up to 10 percent | Ethanol flex fuel | Other fuels | | --- | --- | --- | --- | --- | | 1st Violation | Notice of Correction | | | | | 2nd Violation | $200.00 | | | | | 3rd Violation | $500.00 | | | | | 4th and subsequent violations | $1,000.00 | | | |

(e) Penalties for octane labeling violations, including octane levels in gasoline lower than posted on the fuel dispenser.

| | Between .7 and .9 octane lower | Between 1 and 1.9 octane lower | Between 2 and 2.9 octane lower | Greater than 3 octane lower | | --- | --- | --- | --- | --- | | 1st Violation | Notice of Correction | Notice of Correction | Notice of Correction | Notice of Correction | | 2nd Violation | $1,000.00 | $1,500.00 | $2,500.00 | $3,000.00 | | 3rd Violation | $2,500.00 | $3,000.00 | $5,000.00 | $6,000.00 | | 4th and subsequent violations | $10,000.00 | $10,000.00 | $10,000.00 | $10,000.00 |

(2) Penalties for other violations. Penalties for violations not covered under subsection (1) of this section will be determined by applying one of the above sections that is most similar to the violation and by applying aggravating and mitigating factors under WAC 16-662-170.

History

Statutory Authority: RCW 19.94.190, 19.94.195, 19.112.020, 19.112.140, and chapter 34.05 RCW. WSR 16-19-093, § 16-662-165, filed 9/21/16, effective 10/22/16.

Wash. Admin. Code § 16-662-170 Civil penalties and enforcement—Aggravating and mitigating factors.

(1) As provided under RCW 19.112.060 (1)(b), the department has discretion to determine the civil penalty based on circumstances such as the gravity of violations and the history of violations. Criteria for determining whether and how to adjust the civil penalties specified in WAC 16-662-165 are considered aggravating and mitigating factors.

(2) When assessing a penalty using aggravating or mitigating factors, the department will provide a written summary to include the base penalty amount provided in the civil penalty section and any aggravating and/or mitigating factors it considered when arriving at a final civil penalty amount that differs from the base penalty amount.

(3) The department may increase a civil penalty based on the penalties found in WAC 16-662-165 because of aggravating factors including, but not limited to, the following:

(a) Situations where the civil penalty assessed is not substantially equivalent to the violator's economic benefit derived from the violation.

(b) The number of separate violations contained within a single notice of intent.

(c) The magnitude of the harm or potential harm caused by the violation, including the degree of harm to any affected vehicles, property, people, or to the environment.

(d) The sameness or similarity of the current violation to previous violations committed within the previous two years.

(e) The extent to which the violation is part of a pattern of the same or substantially similar violations including violations at other locations operated by the same business or person.

(f) The department may assess up to the maximum penalty of ten thousand dollars as authorized under RCW 19.112.060 (1)(b) when the department determines one or more aggravating factors are associated with violations presenting grave risks to persons, property, or the environment or that represent a pattern of repeated violations presenting moderate risks to persons, property, or the environment.

(4) The department may reduce a civil penalty based on the civil penalty identified in WAC 16-662-165 because of mitigating factors including, but not limited to, the following:

(a) Voluntary disclosure of a violation.

(b) Promptly taking voluntary corrective actions to stop further harm and/or minimize the likelihood that the violation will be repeated.

(c) Promptly making appropriate restitution to any identified customers who were affected or may have been affected by the violation.

(d) Proof that the violations occurred due to structural failures or unintentional errors on the part of the business owner or operator when such failures or errors were outside the control or responsibility of the owner or operator. However, the owner or operator is responsible for the quality of fuel offered for sale at that location.

History

Statutory Authority: RCW 19.94.190, 19.94.195, 19.112.020, 19.112.140, and chapter 34.05 RCW. WSR 16-19-093, § 16-662-170, filed 9/21/16, effective 10/22/16.

Wash. Admin. Code § 16-662-175 Other actions not precluded.

When appropriate, the department may decide: Not to pursue a civil penalty; to issue a notice of correction in lieu of pursuing a civil penalty or issuing a stop sale order; to negotiate settlements of cases; and to refer violations or alleged violations to any federal, state, or county authority with jurisdiction.

History

Statutory Authority: RCW 19.94.190, 19.94.195, 19.112.020, 19.112.140, and chapter 34.05 RCW. WSR 16-19-093, § 16-662-175, filed 9/21/16, effective 10/22/16.

Wash. Admin. Code § 16-662-200 Electric vehicle supply equipment compliance dates.

(1) Any publicly available electric vehicle supply equipment, including both level 2 and direct current fast chargers, installed and placed into service before January 1, 2024, is exempt from the requirements in WAC 16-662-210 through 16-662-220 until January 1, 2034. Equipment that is replaced or retrofitted with new hardware on or after January 1, 2024, is considered to have been installed and placed into service after January 1, 2024, and must comply with the requirements in WAC 16-662-210 through 16-662-220 upon installation.

(2) Publicly available electric vehicle supply equipment that is exempt as described in subsection (1) of this section must be clearly marked with the date of installation in a conspicuous location that is easily seen during normal use by the public. Acceptable ways to clearly mark the installation date may include:

(a) A sign, sticker, or plaque; or

(b) Any other visible marker that is readable, such as a digital display showing the installation date on the home screen or through a menu that is intuitive, making the installation date easily identified.

(c) When dates are located on a kiosk, the installation date of each electric vehicle supply equipment serviced by that kiosk shall be clearly identified.

(3) If the installation date is not clearly marked, the device will be considered to have been installed and placed into service after January 1, 2024, and will be subject to the requirements in WAC 16-662-210 through 16-662-220.

History

Statutory Authority: 2021 c 238, RCW 19.94.010, 19.94.190, 19.94.555, 19.94.565, 19.94.570, and 19.94.575. WSR 23-01-091, § 16-662-200, filed 12/16/22, effective 1/1/24.

Wash. Admin. Code § 16-662-210 Electric vehicle supply equipment payment method and fee disclosure requirements.

(1) All publicly available electric vehicle supply equipment installed in Washington that requires payment shall provide for secure payment methods, accessible to persons with disabilities, which at a minimum shall include:

(a) A contactless payment method that accepts major debit and credit cards; and

(b) An automated toll-free phone number or a short message/messaging system (SMS) that provides the electric vehicle charging customer with the option to initiate a charging session and submit payment.

(2) "Contactless payment methods" means a secure method for consumers to purchase services using a debit card, credit card, smartcard, mobile applications, or another payment device including, but not limited to, those using radio frequency identification (RFID) technology and near-field communication (NFC).

(3) At a minimum, the electric vehicle service provider shall disclose to the user, at the point of sale, the following minimum information, if applicable:

(a) A fee for use of the parking space;

(b) A nonmember plug-in fee from the electric vehicle service provider;

(d) Any potential changes in the price to refuel, in United States dollars per kilowatt-hour or mega joule, due to variable pricing; and

(e) Any other fees charged for a charging session.

(4) If the charging session or portion of a charging session is offered at no cost, it must be disclosed at the location where the charging session is initiated and prior to a user or a vehicle initiating a charging session.

(5) The electric vehicle service provider may not require a subscription, membership, or account or a minimum balance on an account in order to initiate a charging session at an electric vehicle supply equipment subject to this section.

(6) The requirements of this section shall not apply to electric vehicle supply equipment exempted under RCW 19.94.555.

History

Statutory Authority: RCW 19.94.010, 19.94.190, and 19.94.565. WSR 25-01-044, s 16-662-210, filed 12/10/24, effective 1/10/25. Statutory Authority: 2021 c 238, RCW 19.94.010, 19.94.190, 19.94.555, 19.94.565, 19.94.570, and 19.94.575. WSR 23-01-091, § 16-662-210, filed 12/16/22, effective 1/1/24.

Wash. Admin. Code § 16-662-215 Electric vehicle supply equipment language requirements.

(1) The electric vehicle supply equipment must provide means for conducting a charging session in at least one language other than English. The electric vehicle service provider shall consider the demographics of the area in which the unit will be installed, and the language(s) most commonly spoken in that location, when determining the alternative language(s) provided. At a minimum, electric vehicle service providers shall consult data published from the American Community Survey (ACS).

(2) The requirements of this section shall not apply to electric vehicle supply equipment exempted under RCW 19.94.555.

History

Statutory Authority: 2021 c 238, RCW 19.94.010, 19.94.190, 19.94.555, 19.94.565, 19.94.570, and 19.94.575. WSR 23-01-091, § 16-662-215, filed 12/16/22, effective 1/1/24.

Wash. Admin. Code § 16-662-220 Interoperability requirements related to electric vehicle supply equipment.

(1) All publicly available electric vehicle supply equipment must be in compliance with the following interoperability requirements:

(a) The electric vehicle service provider shall, at a minimum, use Open Charge Point Interface (OCPI) version 2.1.1 or 2.2 standards.

(b) All networked electric vehicle supply equipment shall be compliant with Open Charge Point Protocol (OCPP) version 1.6 or 2.0.1 standards.

(2) Upon request, electric vehicle service providers shall provide the department with documentation that demonstrates compliance with the requirements of this section. If a certification is available for a standard, the documentation to be provided shall include the certification, otherwise acceptable documentation may include a self-attestation by the service provider. The service provider must provide additional documentation as the department may require to demonstrate compliance.

(3) The requirements of this section shall not apply to:

(a) Electric vehicle supply equipment exempted under RCW 19.94.555.

(b) Publicly available electric vehicle supply equipment provided by a manufacturer of electric vehicles for the exclusive use by vehicles it manufactures.

History

Statutory Authority: 2021 c 238, RCW 19.94.010, 19.94.190, 19.94.555, 19.94.565, 19.94.570, and 19.94.575. WSR 23-01-091, § 16-662-220, filed 12/16/22, effective 1/1/24.

Chapter 16-663 Service agents—Reporting, test procedures, standards and calibration of weighing and measuring devices.

Wash. Admin. Code § 16-663-100 Purpose.

The following regulation addresses the mandatory registration, rights and responsibilities of service agents involved in installing, servicing and calibrating weighing and measuring devices. The rule addresses reporting devices placed in service, test procedures, reporting forms and submission of test standards by persons servicing and calibrating weighing and measuring devices.

History

Statutory Authority: RCW 19.94.010, 19.94.190. WSR 00-22-072, § 16-663-100, filed 10/30/00, effective 11/30/00.

Wash. Admin. Code § 16-663-110 Definitions.

(1) Installation - Setting up for use, connecting or adjusting any new, used or remanufactured commercial weighing or measuring device being placed into service.

(2) Placed in service - To cause or permit the commercial usage of any commercial weighing or measuring device.

(3) Returned to service - The instance where servicepersons or service agencies are called upon to service, repair, or recondition a commercial weighing or measuring device that has been "rejected," ordered "out of service," or "condemned" by weights and measures officials with the intent of placing such a device back into service.

(4) Registered serviceperson - Any individual who for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a commercial weighing or measuring device, and who registers himself as such with the director.

(5) Registered service agent - Any agent, firm, partnership, company, or corporation, which, for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a commercial weighing or measuring device, and which registers with the director.

(6) Commercial weighing and measuring device - Any weight or measure or weighing or measuring device commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight, measure or count. It shall include any accessory attached to or used in connection with a commercial weighing or measuring device when the accessory is designed or installed so that its operation affects, or may affect, the accuracy, correctness, or indication of the device.

(7) Reciprocity - The mutual cooperative interchange of rights and agreements between any other state or states that have similar rules and laws concerning registered service agents and recognition of standards.

(8) Laboratory - The metrology laboratory of any state, agency, or any recognized private industry metrology laboratory as determined by the director. All such laboratories must possess current appropriate National Institute of Standards and Technology (NIST) certifications.

(9) Accuracy - Commercial weighing or measuring devices are considered accurate when the performance or value - That is, its indications, its deliveries, its recorded representations, or its capacity or actual value, etc., as determined by tests made with suitable standards - Conforms to the standards, tolerances and other performance requirements set forth in the edition of National Institute of Standards and Technology Handbook 44 currently adopted by the director.

(10) Correct - A weighing or measuring device is considered correct when in addition to being accurate, it meets all applicable specifications and requirements as set forth in the edition of National Institute of Standards and Technology Handbook 44 currently adopted by the director.

(11) Certification - A document provided by the director to service agents registered with the department.

History

Statutory Authority: RCW 19.94.010, 19.94.190. WSR 00-22-072, § 16-663-110, filed 10/30/00, effective 11/30/00.

Wash. Admin. Code § 16-663-120 Registration, certification and standards.

(1) Service agents and servicepersons who intend to provide service that permits a weighing or measuring device to be placed back into commercial service must register with the department annually. Service agents and servicepersons must register on a form provided by the department annually. The fee for registration is specified in RCW 19.94.2582. This registration requirement does not apply to city sealers.

(2) Service agents and servicepersons registering with the department will specifically state the types of devices they will be placing in service. Such a statement is the agent's or person's certification that they are knowledgeable of the requirements of the state and possess proper and certified equipment and standards to perform the services.

(3) The registered service agent or serviceperson shall submit a copy of their tag or label, seal or seal press identification mark to the department at time of registration.

(4) The department will issue an official registration certification for each service agent and serviceperson whose application is approved. Official registration certificates are valid for a period of one year from date of registration.

(5) For requests that are denied the department will provide reasons, in writing, for the denial and refund payment.

History

Statutory Authority: Chapters 19.94 and 34.05 RCW. WSR 08-20-069, § 16-663-120, filed 9/25/08, effective 10/26/08. Statutory Authority: RCW 19.94.010, 19.94.190. WSR 00-22-072, § 16-663-120, filed 10/30/00, effective 11/30/00.

Wash. Admin. Code § 16-663-130 Adequacy of standards and submission of standards for certification.

(1) All service agents and servicepersons shall use standards of adequate quantity and design to place commercial weighing and measuring devices in service.

(2) Submission of standards for inspection. All standards used for servicing, repairing and/or calibrating commercial weighing and measuring devices must be submitted at least every two years for examination and certification. The standards will be submitted to the state's metrology laboratory or a laboratory of any state in which a reciprocity agreement has been entered. The state metrology laboratory examines and certifies standards using the current version of National Institute of Standards and Technology Handbook 105.

(3) Recognition of out-of-state certification of any standard that has been inspected and examined by any state or agency in which the director has entered a reciprocity agreement will be considered correct if said examination is within the previous two-year period. Proof of inspection must be submitted to the department with the registration application.

(4) Proof of certification shall be maintained by the owner of the standards and be kept with the standards during normal usage for the purpose of inspection by the director or authorized representative.

History

Statutory Authority: Chapters 19.94 and 34.05 RCW. WSR 08-20-069, § 16-663-130, filed 9/25/08, effective 10/26/08. Statutory Authority: RCW 19.94.010, 19.94.190. WSR 00-22-072, § 16-663-130, filed 10/30/00, effective 11/30/00.

Wash. Admin. Code § 16-663-140 Identification of work—Labels and seals.

(1) Each registered service agent and serviceperson shall identify their work on commercially used weighing and measuring devices by:

(a) Applying an adhesive tag or label in a conspicuous location on the device; or

(b) Using a distinctive security seal or seal press impression.

(2) The adhesive tag or label shall legibly show at least the serviceperson registration number, business telephone number and date of service.

(3) Any security seal or seal press used to comply with subsection (1) of this section shall identify the individual registered serviceperson applying the seal.

(4) The registered service agent or serviceperson shall submit a copy of the tag or label, seal or seal press identification mark to the department at time of registration.

History

Statutory Authority: RCW 19.94.010 and 43.01.160. WSR 24-22-044, s 16-663-140, filed 10/28/24, effective 11/28/24. Statutory Authority: Chapters 19.94 and 34.05 RCW. WSR 08-20-069, § 16-663-140, filed 9/25/08, effective 10/26/08. Statutory Authority: RCW 19.94.010, 19.94.190. WSR 00-22-072, § 16-663-140, filed 10/30/00, effective 11/30/00.

Wash. Admin. Code § 16-663-150 Reports and responsibilities of service agents and servicepersons.

(1) Any person installing a new or used weighing or measuring device that is being put in use for the first time at that location must provide a notice of installation to the department. The notice shall state the date placed in service, type of device, capacity, business' name and site address, and name and address of the service company installing the device. The report shall also indicate whether the device is new or used.

(2) After correcting a rejected device, registered service agents or servicepersons must return the reject report issued by the weights and measures official to the address indicated on the form within seven days from completion of work. All discrepancies noted on the department's rejection report must be corrected before returning the device to service. The form must be signed and dated by the registered serviceperson returning the device to service. The form must also legibly indicate the service agent's or serviceperson's registration number and show the number or identifying mark of security seals that were removed and applied to affect the correction.

(3) A registered service agent or serviceperson will submit a copy of their test report showing the as-found and as-corrected readings with the reject report when putting a rejected device back into service.

(4) Commercially used weighing or measuring devices put into service or returned to service must be correct and meet all applicable specifications and requirements set forth in the edition of National Institute of Standards and Technology Handbook 44 currently adopted by the director. The device must also meet current (NTEP) requirements in effect for the device.

(5) Devices must be installed in accordance with manufacturer's instructions.

(6) A device installed in a fixed location must be installed so that its operation or performance will not be adversely affected by any characteristic of the foundation, supports, or any other detail of the installation.

(7) Equipment must be installed in such a manner that all required markings are readily observable.

(8) A device must be installed so that it will be correct and it meets all performance requirements when associated or nonassociated equipment is operated in its usual and customary manner.

(9) Faulty installation conditions must be corrected, and any defective parts must be renewed or suitably repaired, before adjustments are made.

(10) When equipment is adjusted, the adjustment must be made so that performance errors are as close as practicable to zero value.

(11) Equipment put into service, repaired, adjusted, calibrated or refurbished must be sealed with an appropriate security seal and the seal number recorded on the inspection test report. Any security seal removed prior to servicing the device will be noted on the test report and will include the number or identifying mark of the security seal.

(12) Equipment must be assembled and installed so that it does not facilitate the perpetration of fraud.

History

Statutory Authority: RCW 19.94.010 and 43.01.160. WSR 24-22-044, s 16-663-150, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 19.94.010, 19.94.190. WSR 00-22-072, § 16-663-150, filed 10/30/00, effective 11/30/00.

Wash. Admin. Code § 16-663-160 Registration certificate—Revocation, suspension, refusal to renew—Appeal.

(1) The department has the authority to revoke, suspend, or refuse to renew the official registration certificate of any service agent or serviceperson for any of the following reasons:

(a) Fraud or deceit in obtaining an official registration certificate;

(b) A finding by the department of a pattern of intentional fraudulent or negligent activities in the installation, inspection, testing, checking, adjusting, or systematically standardizing and approving the graduations of any weighing or measuring instrument or device;

(c) Knowingly placing back into commercial service any weighing or measuring instrument or device that is incorrect or inaccurate;

(d) A violation of any provision of this chapter; or

(e) Conviction of a crime or an act constituting a crime under the laws of this state, the laws of another state, or federal law.

(2) If the department revokes, suspends, or refuses to renew an official registration certificate, an individual will have the right to appeal the decision in accordance with the Administrative Procedure Act, chapter 34.05 RCW, and RCW 19.94.2584.

History

Statutory Authority: RCW 19.94.010, 19.94.190. WSR 00-22-072, § 16-663-160, filed 10/30/00, effective 11/30/00.

Wash. Admin. Code § 16-663-170 Unlawful practices—Penalties.

Any person who, by themself, by their agent or employee, or as the agent or employee of another person, violates the provisions of this rule is subject to a civil penalty of up to $5,000 as specified in RCW 19.94.510.

History

Statutory Authority: RCW 19.94.010 and 43.01.160. WSR 24-22-044, s 16-663-170, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 19.94.010, 19.94.190. WSR 00-22-072, § 16-663-170, filed 10/30/00, effective 11/30/00.

Chapter 16-674 Weights and measures—Exemptions, weighmasters and device registration.

Wash. Admin. Code § 16-674-010 Exemptions and definitions.

(1) The weighing or measuring instruments or devices listed below are exempted from the sealing or marking inspection and testing requirements of RCW 19.94.163, because they are of such character or size that such sealing or marking would be inappropriate, impractical, or damaging to the apparatus in question:

(a) Measure containers

(b) Milk bottles

(d) Berry baskets and boxes.

(2) Unless the context clearly requires otherwise, the definitions provided for in chapter 19.94 RCW and in this section shall apply to this chapter.

(a) "Commercial weighing or measuring device" shall be construed to include any weighing or measuring device commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight or measure. It shall also include any accessory attached to or used in connection with a commercial weighing or measuring device when such accessory is so designed or installed that its operation affects the accuracy of the device.

(b) "Owner" shall be construed to mean the individual or business actually using a weighing or measuring device for commercial purposes, regardless of who is the legal owner or lien holder of such device.

History

Statutory Authority: RCW 19.94.010, 19.94.190, and 15.18.410. WSR 02-15-141, § 16-674-010, filed 7/22/02, effective 8/22/02. Statutory Authority: 1995 c 355 §§ 1, 2, 3, 4, 9, 10, 15 and 16. WSR 96-01-040, § 16-674-010, filed 12/13/95, effective 1/13/96. Statutory Authority: 1992 c 237. WSR 93-03-079, § 16-674-010, filed 1/19/93, effective 2/19/93
Order 1145, § 16-674-010, filed 2/27/70, effective 4/1/70
Order 792, Regulation 3, effective 3/1/60.

Wash. Admin. Code § 16-674-030 Weighmaster license issuance, expiration and fees.

(1) Weighmaster licenses issued under RCW 15.80.460 shall expire on June 30th following the date of issuance.

(2) Upon expiration, suspension or revocation of the license, the weighmaster must surrender their impression seal to the director or the director's representative within 10 days if they do not renew their license, if their license is suspended or if their license is revoked. The seal may be surrendered by sending the seal to the department or by surrendering the seal to the director or the director's duly appointed representative.

(3) Businesses or individuals applying to renew their license or applying for their initial license with the department must have a current bond in the amount specified in RCW 15.80.480 and that bond must remain in force and effect for not less than the entire licensing period.

(4) Weighing and measuring devices used by weighmasters are considered to be in commercial use and must be registered. Registrations are accomplished through the department of licensing as part of the master license service under chapter 19.02 RCW.

(5) Proof of a scale test within the last 12 months must be submitted with the application.

(6) Applications must be submitted with the proper fees as specified in chapter 15.80 RCW.

(7) Applications received without subsections (3), (4), (5) and (6) of this section will be considered incomplete applications and will be returned to the applicant.

History

Statutory Authority: RCW 19.94.010 and 43.01.160. WSR 24-22-042, s 16-674-030, filed 10/28/24, effective 11/28/24. Statutory Authority: Chapters 15.80 and 34.05 RCW. WSR 08-20-070, § 16-674-030, filed 9/25/08, effective 10/26/08. Statutory Authority: RCW 19.94.010, 19.94.190, and 15.18.410. WSR 02-15-141, § 16-674-030, filed 7/22/02, effective 8/22/02. Statutory Authority: RCW 15.32.100, 15.32.110, 15.32.584, 69.07.040, 16.49.440, 16.49.630, 15.80.460, 15.80.470, 15.80.500, 16.58.060, 20.01.050, 22.09.050, 22.09.055, 22.09.070, 22.09.075, 17.21.070, 17.21.110, 17.21.126, 17.21.129, 17.21.220, 17.21.122, 15.58.200, 15.58.210, 15.58.220, 17.21.140 and 16.57.080. WSR 91-16-005 (Order 2091), § 16-674-030, filed 7/25/91, effective 8/25/91.

Wash. Admin. Code § 16-674-040 Weighmaster license—Late renewal penalty.

(1) Renewal applications for weighmaster licenses issued under chapter 15.80 RCW not filed by July 1st of any one year are subject to a penalty of fifty percent of the renewal fee as provided by RCW 15.80.470.

History

Statutory Authority: RCW 19.94.010, 19.94.190, and 15.18.410. WSR 02-15-141, § 16-674-040, filed 7/22/02, effective 8/22/02. Statutory Authority: RCW 15.32.100, 15.32.110, 15.32.584, 69.07.040, 16.49.440, 16.49.630, 15.80.460, 15.80.470, 15.80.500, 16.58.060, 20.01.050, 22.09.050, 22.09.055, 22.09.070, 22.09.075, 17.21.070, 17.21.110, 17.21.126, 17.21.129, 17.21.220, 17.21.122, 15.58.200, 15.58.210, 15.58.220, 17.21.140 and 16.57.080. WSR 91-16-005 (Order 2091), § 16-674-040, filed 7/25/91, effective 8/25/91.

Wash. Admin. Code § 16-674-050 Weigher license.

Weigher licenses issued under RCW 15.80.500 shall expire on June 30th following the date of issuance.

History

Statutory Authority: RCW 15.32.100, 15.32.110, 15.32.584, 69.07.040, 16.49.440, 16.49.630, 15.80.460, 15.80.470, 15.80.500, 16.58.060, 20.01.050, 22.09.050, 22.09.055, 22.09.070, 22.09.075, 17.21.070, 17.21.110, 17.21.126, 17.21.129, 17.21.220, 17.21.122, 15.58.200, 15.58.210, 15.58.220, 17.21.140 and 16.57.080. WSR 91-16-005 (Order 2091), § 16-674-050, filed 7/25/91, effective 8/25/91.

Wash. Admin. Code § 16-674-055 Weighing and measuring devices.

(1) Weighing and measuring devices used by weighmasters must meet all legal requirements for commercial weighing and measuring devices.

(2) Weighmaster scales must be tested not less than every 12 months and must conform to the tolerances and specifications in the edition of NIST Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," adopted by the department in chapter 16-662 WAC. Inspections must be performed by either service agents registered with the department or by the department. The department is under no obligation to provide this inspection service.

(3) A legible copy of the current scale inspection and current master business license must be maintained at the same site as the scale and must be immediately made available to the director or the director's representative upon request.

History

Statutory Authority: RCW 19.94.010 and 43.01.160. WSR 24-22-042, s 16-674-055, filed 10/28/24, effective 11/28/24. Statutory Authority: Chapters 15.80 and 34.05 RCW. WSR 08-20-070, § 16-674-055, filed 9/25/08, effective 10/26/08. Statutory Authority: RCW 19.94.010, 19.94.190, and 15.18.410. WSR 02-15-141, § 16-674-055, filed 7/22/02, effective 8/22/02.

Wash. Admin. Code § 16-674-095 Device registration.

(1) All weighing or measuring devices used for commercial purposes in the state shall be registered annually. Devices in commercial use within a city having a city sealer and a weights and measures program that has adopted registration fees shall be registered with the city. Devices used commercially outside of such city shall register with the department. If the commercial use of the device is within such city that has not adopted fees, the device shall be registered with the department.

(2) The device registration fees established in RCW 19.94.175 shall apply unless a city jurisdiction has adopted separate registration fees for devices used within its jurisdiction. Cities may establish separate annual registration fees for devices within city jurisdictions; however, they may not exceed the fees in RCW 19.94.175 for registering the use of a similar instrument or device. Payment of the device registration fee constitutes registration. Cities shall notify the department of agriculture regarding the adoption of fee levels and any changes in fees.

(3) All device registrations with the department shall be accomplished as part of the department of licensing, master license system under chapter 19.02 RCW. Devices shall be initially registered at the time the owner applies for a master license for a new business or when the device is first placed into commercial use. Device registrations with a city may be accomplished through the master licensing system with a letter of request for implementation assistance from the city to the department of agriculture.

(4) The department of licensing shall remit to the department of agriculture all registration fees collected less reasonable collection expenses. The department of agriculture shall forward to the city that portion of fees attributable to city registrations.

History

Statutory Authority: RCW 19.94.010, 19.94.190, and 15.18.410. WSR 02-15-141, § 16-674-095, filed 7/22/02, effective 8/22/02. Statutory Authority: 1995 c 355 §§ 1, 2, 3, 4, 9, 10, 15 and 16. WSR 96-01-040, § 16-674-095, filed 12/13/95, effective 1/13/96.

Chapter 16-675 Calibration services, special inspection and testing fees.

Wash. Admin. Code § 16-675-015 What is the purpose of this chapter?

The purpose of this chapter is to implement:

(1) RCW 19.94.216(1) and 19.94.325(2), which allows the director of the Washington state department of agriculture to establish reasonable fees for inspection, tolerance testing and calibration services performed on weights and measures standards by the metrology laboratory; and

(2) RCW 19.94.175(3), which allows the director to establish fees for inspecting and testing weighing and measuring devices when the inspections and tests are specifically requested by the device’s owner.

History

Statutory Authority: Chapters 19.94 and 34.05 RCW. WSR 04-23-043, § 16-675-015, filed 11/10/04, effective 12/11/04.

Wash. Admin. Code § 16-675-025 What definitions apply to this chapter?

The following definitions apply to this chapter.

"Calibration" means the comparison of a measurement standard or instrument with another standard or instrument to detect, correlate, report, or eliminate, by adjustment, any inaccuracy of the compared standard or instrument.

"Department" means the Washington state department of agriculture (WSDA).

"Director" means the director of the department or the director's designated representative.

"Laboratory" means the metrology laboratory operated by the department.

"Tolerance testing" means a measurement operation performed to determine whether the actual value of a standard, artifact, or instrument is within a permitted tolerance of its nominal value.

History

Statutory Authority: Chapters 19.94 and 34.05 RCW. WSR 04-23-043, § 16-675-025, filed 11/10/04, effective 12/11/04.

Wash. Admin. Code § 16-675-035 What condition must your weights and measures standards be in when they are submitted to the laboratory for testing or calibration?

Weights and measures standards submitted to the laboratory for tolerance testing or calibration must be in a physical condition that allows the laboratory to perform the requested service.

History

Statutory Authority: Chapters 19.94 and 34.05 RCW. WSR 04-23-043, § 16-675-035, filed 11/10/04, effective 12/11/04.

Wash. Admin. Code § 16-675-037 Does the laboratory repair weights and measures standards brought in for testing and calibration?

(1) Weights and measures standards, whose physical condition, prevents the laboratory from performing the requested service may be:

(a) Returned to the sender at the sender's expense; or

(b) Repaired, if possible, by the laboratory.

(2) When possible, the laboratory will make repairs:

(a) At the rate of one hundred dollars per hour; and

(b) Only after a signed written repair agreement between the department and the owner of the weights or measures standard is concluded.

(3) All repair fees charged by the laboratory are in addition to any testing or calibration fees charged by the laboratory.

History

Statutory Authority: Chapters 19.94 and 34.05 RCW. WSR 04-23-043, § 16-675-037, filed 11/10/04, effective 12/11/04.

Wash. Admin. Code § 16-675-045 What fees does the laboratory charge for the services it performs?

The metrology laboratory charges the following fees for services performed:

| Service Performed | Fee | | --- | --- | | Inspection, tolerance testing and calibration services performed at the metrology laboratory | $105.50 per hour | | Inspection, tolerance testing and calibration services performed at other than the metrology laboratory | $105.50 per hour plus mileage and per diem at the rates established by the office of financial management (OFM) when the service is performed | | Any service provided by the laboratory | Minimum one-half hour charge |

History

Statutory Authority: Chapters 19.94 and 34.05 RCW. WSR 07-13-051, § 16-675-045, filed 6/14/07, effective 7/15/07
WSR 04-23-043, § 16-675-045, filed 11/10/04, effective 12/11/04.

Wash. Admin. Code § 16-675-055 What fees are charged when the inspecting and testing of a weighing or measuring device is specifically requested by the device's owner?

The fees in the following table apply to inspecting and testing weighing or measuring devices when the inspection or test is:

(1) Specifically requested by the device's owner or their representative; or

(2) Performed on devices used by an agency or institution that receives money from the legislature or the federal government.

| Weighing and Measuring Device | Inspection and/or Testing Fee | | --- | --- | | Small scales "zero to 400 pounds capacity" | $16.80 per scale | | Intermediate scales "400 pounds to 5,000 pounds capacity" | $56.10 per scale | | Large scales "over 5,000 pounds capacity" | $140.30 per scale | | Large scales with supplemental devices | $168.40 per scale | | Railroad track scales | $1,123.00 per scale | | Liquid fuel meters with flows of less than 20 gallons per minute | $16.80 per meter | | Liquid fuel meters with flows of at least 20 but not more than 150 gallons per minute | $56.10 per meter | | Fuel meters with flows over 150 gallons per minute | $168.40 per meter | | Liquid petroleum gas meters with one-inch diameter or smaller dispensers | $56.10 per meter | | Liquid petroleum gas meters with greater than one-inch diameter dispensers | $168.40 per meter | | Inspection services not covered by the above special inspection fees | $37.80 per hour for labor and travel time (minimum one hour charge) |

History

Statutory Authority: RCW 19.94.010 and 43.01.160. WSR 24-22-045, s 16-675-055, filed 10/28/24, effective 11/28/24. Statutory Authority: Chapters 19.94 and 34.05 RCW. WSR 07-13-051, § 16-675-055, filed 6/14/07, effective 7/15/07
WSR 04-23-043, § 16-675-055, filed 11/10/04, effective 12/11/04.

Wash. Admin. Code § 16-675-065 What requirements apply to testing railroad track scales in Washington state?

(1) All railroad track scale owners in Washington state must provide a suitable:

(a) Facility or facilities for testing track scales;

(b) Car or other device for testing track scales.

(2) The department must use the car, device, or facility provided to test the accuracy of all track scales.

(3) Track scale owners (railroad companies) must move the car, device, or facility to locations designated by the department without charge.

(4) The cost of providing and maintaining the car, device, or facility must be equitably and reasonably apportioned by the department among all railroad track scale owners.

History

Statutory Authority: Chapters 19.94 and 34.05 RCW. WSR 04-23-043, § 16-675-065, filed 11/10/04, effective 12/11/04.

Chapter 16-695 Rules relating to ginseng management.

Wash. Admin. Code § 16-695-005 Purpose.

These rules are promulgated under chapter 34.05 RCW to establish standards and administer a ginseng management program. This program will promote the production and export of cultivated ginseng and prohibit acts detrimental to the survival of the indigenous wild ginseng population of the United States. These rules shall regulate the sale and export of ginseng, establish a registration program for dealers and growers, and provide for the certification of cultivated American ginseng.

History

Statutory Authority: Chapter 15.17 RCW. WSR 97-23-059, § 16-695-005, filed 11/18/97, effective 12/19/97.

Wash. Admin. Code § 16-695-010 Definitions.

The following definitions shall apply:

(1) "Cultivated ginseng" means any part of a ginseng plant that is growing or grown in managed beds under artificial or natural shade and cultivated according to recognized ginseng horticultural practices. Cultivated ginseng includes woodsgrown ginseng.

(2) "Dealer" means anyone who buys ginseng for resale, or grows and sells it for export. This definition does not apply to persons who buy ginseng solely for the purpose of final retail sale to consumers in the United States.

(3) "Dealer registration" means an annual registration issued by the department authorizing a dealer to buy, collect, or otherwise acquire ginseng for resale or export.

(4) "Department" means the Washington state department of agriculture.

(5) "Director" means the director of the department or their duly appointed representative.

(6) "Dry weight" means the weight in pounds and ounces of harvested or collected ginseng root that is dried and is no longer viable.

(7) "Export" means export outside the boundaries of the United States.

(8) "Out-of-state ginseng" means ginseng that is grown or originated outside the state of Washington.

(9) "Ginseng" means any and all parts of the plant known as American ginseng (Panax quinquefolius L.) including, but not limited to: Plants, whole roots, essentially intact roots, root chunks, slices, seeds, and tissue.

(10) "Green ginseng" means a ginseng root from which the moisture has not been removed by drying.

(11) "Green weight" means the weight in pounds and ounces of freshly harvested or collected ginseng root that is not dried and is still viable.

(12) "Grower" means a person who grows "cultivated," "wild simulated" and or "woodsgrown" ginseng, and sells it to a dealer.

(13) "Grower registration" means an annual registration issued by the department which enables a grower to sell cultivated ginseng that the grower has produced.

(14) "Person" means any individual, firm, partnership, corporation, company, society, association or other business entity, and every officer, agent or employee thereof, agency or organized group of persons whether or not incorporated.

(15) "Wild ginseng" means ginseng growing naturally within its native range.

(16) "Wild simulated ginseng" means cultivated ginseng grown in a wooded site where wild ginseng is not established.

(17) "Woodsgrown ginseng" means ginseng grown in managed beds under natural shade.

History

Statutory Authority: RCW 15.17.030(1) and 43.01.160. WSR 24-22-046, s 16-695-010, filed 10/28/24, effective 11/28/24. Statutory Authority: Chapter 15.17 RCW. WSR 97-23-059, § 16-695-010, filed 11/18/97, effective 12/19/97.

Wash. Admin. Code § 16-695-015 Collection of wild ginseng.

No grower's or dealer's registration will be issued for the collection, sale or distribution of wild ginseng for the purpose of sale or distribution.

History

Statutory Authority: Chapter 15.17 RCW. WSR 97-23-059, § 16-695-015, filed 11/18/97, effective 12/19/97.

Wash. Admin. Code § 16-695-020 Dealers and growers—Annual registration with the department—Requirements.

Dealers and growers must register with the Washington state department of agriculture, and the following requirements apply.

(1) No person may act as a dealer without first registering with the department. Registration shall be made annually on a form provided by the department and will expire on March 31 of each year. The department will assign a registration number to each person registered under this subsection.

(2) No person shall act as a grower without first registering with the department. Registration shall be made annually on a form provided by the department and will expire on March 31 of each year. The department will assign a registration number to each person registered under this subsection.

(3) Any person who acts as a dealer and a grower must register as both.

History

Statutory Authority: Chapter 15.17 RCW. WSR 97-23-059, § 16-695-020, filed 11/18/97, effective 12/19/97.

Wash. Admin. Code § 16-695-025 Grower records.

A grower selling cultivated ginseng shall do all of the following when selling to a dealer:

(a) Provide a record of sale containing all of the following information to the dealer:

(i) Grower's name and address;

(ii) Grower's registration number;

(iii) Ginseng certificate number;

(iv) Ginseng dry weight;

(v) Year harvested;

(vi) County of harvest;

(vii) Date of transaction;

(b) Certify that the ginseng was grown in Washington state. The certificate of origin shall be in the form prescribed by the director;

History

Statutory Authority: Chapter 15.17 RCW. WSR 97-23-059, § 16-695-025, filed 11/18/97, effective 12/19/97.

Wash. Admin. Code § 16-695-030 Dealer records.

Dealers shall keep true and accurate records of transactions, including both sales and purchase records, in a format prescribed by the director. Records must be maintained for a period of three years.

(1) Purchase records shall include:

(a) Dealer's name;

(b) Dealer's registration number;

(d) Grower/seller name;

(e) Grower/seller registration number;

(f) Ginseng weight in pounds and ounces;

(g) Designation of green or dry ginseng;

(h) Designation of wild or cultivated ginseng;

(i) Harvest year of ginseng;

(j) County in which the ginseng was harvested;

(k) Date of transaction;

(2) Sales records shall include the following information:

(a) Dealer's name;

(b) Dealer's registration number;

(d) Buyer's name;

(e) Buyer's registration number;

(f) Ginseng weight in pounds and ounces;

(g) Designation of green or dry ginseng;

(h) Designation of wild or cultivated ginseng;

(i) Harvest year;

(j) County in which the ginseng was harvested;

(k) Date of transaction.

History

Statutory Authority: Chapter 15.17 RCW. WSR 97-23-059, § 16-695-030, filed 11/18/97, effective 12/19/97.

Wash. Admin. Code § 16-695-035 Out-of-state ginseng.

(1) No dealer may purchase, receive or import out-of-state ginseng unless it is accompanied by a valid certificate of origin issued by the state or country of origin. The certificate must include the state or country of origin, the source (wild or cultivated), year of harvest, and dry weight of the out-of-state ginseng.

(2) The dealer shall retain for a period of three years a copy of each written certificate of origin received.

(3) If a dealer receives ginseng not accompanied by a valid certificate of origin, the uncertified ginseng must be returned within 30 days to the state or country of origin. Failure to do so shall render the ginseng illegal for commerce.

History

Statutory Authority: Chapter 15.17 RCW. WSR 97-23-059, § 16-695-035, filed 11/18/97, effective 12/19/97.

Wash. Admin. Code § 16-695-040 Selling and/or shipping of ginseng—Certificates.

(1) Except as described in subsection (7) of this section, no person shall sell or ship ginseng out-of-state or export Washington grown ginseng unless it is accompanied by a valid, prenumbered certificate of origin on a form issued by the department. The department shall, upon request and payment of the required fee(s), provide each registered grower or dealer with forms for certificates of origin. The department shall identify each certificate of origin form with a serial number, the registration number of the grower or dealer, and the expiration date of the certificate. The expiration date shall be the following March 31. Registered growers or dealers may certify their own cultivated ginseng by filling out and signing a certificate of origin form. The certificate of origin shall contain the following information:

(a) State of origin;

(b) Serial number of certificate;

(d) Year of harvest of ginseng being certified;

(e) Designation as cultivated roots or plants;

(f) Designation as dried or fresh (green) roots, or live plants;

(g) Weight of roots or plants (or number of plants) separately expressed both numerically and in writing;

(h) Date of certification;

(i) Signature of grower or dealer making certification.

(2) All of the following conditions must be met in order for a Washington certificate of origin to be valid:

(a) The certificate of origin form must be used on or prior to its expiration date,

(b) The certificate must be signed by the grower or dealer whose registration number was entered on it by the department, and

(3) Forms for certificates of origin are issued by the department in triplicate. The original is designated for the dealer's use in commerce; the first copy is for the dealer's records; and the second copy shall be sent within two weeks of issuance by the grower or dealer to the Washington State Department of Agriculture, Laboratory Services Division, 1111 Washington Street, P.O. Box 42560, Olympia, WA 98504-2560.

(4) Unused forms for certificates of origin shall become void on the March 31 following issuance by WSDA. All voided certificates of origin and forms for certificates of origin shall be sent within two weeks to the Washington State Department of Agriculture, Laboratory Services Division, 1111 Washington Street, P.O. Box 42560, Olympia, WA 98504-2560.

(5) No person shall export ginseng grown in Washington using an out-of-state issued certificate.

(6) Certificates of origin shall not be issued for wild ginseng.

(7) Subsection (1) of this section shall not apply to a person who sells or ships cultivated ginseng out-of-state to a person who is buying or receiving it solely for the purpose of final retail sale to consumers in the United States, if the person selling or shipping keeps a record for a period of three years which includes:

(a) Name and address of the buyer or receiver;

(b) Weight of the ginseng in pounds and ounces;

(d) County of harvest of the ginseng;

(e) Year of harvest of the ginseng.

History

Statutory Authority: Chapter 15.17 RCW. WSR 97-23-059, § 16-695-040, filed 11/18/97, effective 12/19/97.

Wash. Admin. Code § 16-695-045 Maintaining separate lots of ginseng.

Dealers shall maintain separation between lots of out-of-state ginseng and that harvested in Washington until a certificate of origin has been issued for the ginseng harvested in the state.

History

Statutory Authority: Chapter 15.17 RCW. WSR 97-23-059, § 16-695-045, filed 11/18/97, effective 12/19/97.

Wash. Admin. Code § 16-695-050 Dealer and/or grower holding ginseng after March 31 of the year.

Any grower or dealer holding ginseng on or after March 31 must report all carryover stocks on a form provided by the department, which shall list name and address of the grower or dealer, location of the lot, lot identification, county of harvest, dry or green weight in pounds and ounces, and year of harvest.

History

Statutory Authority: Chapter 15.17 RCW. WSR 97-23-059, § 16-095-050, filed 11/18/97, effective 12/19/97.

Wash. Admin. Code § 16-695-055 Inspection or submission of records.

(1) All records required to be kept under this chapter must be made available to the Washington state department of agriculture upon request for audit, inspection, and/or copying.

(2) Pursuant to the authority provided in chapter 15.17 RCW, the department shall not disclose information obtained regarding purchases, sales, or production of an individual American ginseng dealer, except for providing reports to the United States Fish and Wildlife Service. This information is exempt from public disclosure required by chapter 42.17 RCW.

History

Statutory Authority: Chapter 15.17 RCW. WSR 97-23-059, § 16-695-055, filed 11/18/97, effective 12/19/97.

Wash. Admin. Code § 16-695-060 Export procedures.

Valid federal CITES documents are necessary to export ginseng.

History

Statutory Authority: Chapter 15.17 RCW. WSR 97-23-059, § 16-695-060, filed 11/18/97, effective 12/19/97.

Wash. Admin. Code § 16-695-065 Fees—Hourly, overtime.

Fees shall be charged sufficient to cover the department's cost of implementing this chapter.

(1) Ginseng certification activities shall be provided at an hourly and overtime rate. The overtime rate shall apply for service provided subsequent to a regularly scheduled eight-hour week day shift or on Saturdays, Sundays, and state legal holidays. No service will be performed on Thanksgiving Day, Christmas Day or New Years Day, beginning at 5:00 p.m., on the previous day.

(2) Charges shall be for a minimum of one hour. Additional time shall be charged in one-half hour increments.

History

Statutory Authority: Chapter 15.17 RCW. WSR 97-23-059, § 16-695-065, filed 11/18/97, effective 12/19/97.

Wash. Admin. Code § 16-695-070 Schedule of fees and charges.

The following schedule for ginseng certification activities shall apply:

(1) Certificate of origin form, each. . . . $25.65

(2) Hourly rate as established in chapter 16-401 WAC.

(3) Overtime rate as established in chapter 16-401 WAC.

(4) Travel time at the appropriate hourly or overtime rate shall be assessed.

(5) Mileage and per diem shall be charged at the rate established by the state office of financial management.

(6) Postage and other miscellaneous costs shall be charged back at actual cost.

(7) Certification activities shall include auditing records of the production, sales and storage of ginseng, and issuing certificates.

History

Statutory Authority: Chapter 15.19 RCW. WSR 02-12-031, § 16-695-070, filed 5/29/02, effective 6/29/02. Statutory Authority: Chapter 15.17 RCW. WSR 97-23-059, § 16-695-070, filed 11/18/97, effective 12/19/97.

Wash. Admin. Code § 16-695-075 Unlawful activities.

A person shall not do any of the following:

(1) Fail to maintain all required records.

(2) Fail to submit information to the department as required in WAC 16-695-050.

(3) Fail to submit voided certificates of origin or forms for certificates of origin to the department.

(4) Buy, otherwise acquire, or possess uncertified ginseng, which is required by this chapter to be certified.

(5) Export uncertified ginseng from this state.

(6) Possess ginseng originating from another state without authorization from the state of origin.

(7) Violate chapter 15.17 RCW or any rule promulgated thereunder, or any lawful order of the director.

(8) Knowingly provide incorrect or false information on a registration application, report, certificate of origin, or other document required under this act.

(9) Provide a purchaser with a record of sale for more ginseng than is actually sold or otherwise exchanged.

History

Statutory Authority: Chapter 15.17 RCW. WSR 97-23-059, § 16-695-075, filed 11/18/97, effective 12/19/97.

Wash. Admin. Code § 16-695-080 Enforcement actions.

(1) The director may take any enforcement action authorized by chapter 15.17 RCW.

(2) Upon determination that an applicant or registered ginseng dealer or grower has violated this chapter, and after following the notice and hearing requirements and provisions of chapter 34.05 RCW concerning adjudicative proceedings, the director of the department may deny, suspend, or revoke any registration or application for registration.

History

Statutory Authority: Chapter 15.17 RCW. WSR 97-23-059, § 16-695-080, filed 11/18/97, effective 12/19/97.

Chapter 16-700 State fair fund—Proration.

Wash. Admin. Code § 16-700-002 Definitions.

"Agricultural fair" means a fair or exhibition intended to promote agriculture by having a balanced variety of exhibits of livestock and agricultural products; agriculture related arts and manufactures; products of the farm home; and educational contests, displays, and demonstrations designed to train youth and to promote the importance of agriculture and support rural economic development. There are five categories of agricultural fairs: Area fairs, community fairs, county fairs, district fairs, and youth shows or fairs.

"Allocation" means amounts from the state fair fund, the account established in RCW 15.76.115, allocated to agricultural fair categories.

"Area fair" means an agricultural fair with both open and junior participation and an extensive diversification of classes, displays, and exhibits. Area fairs serve an area larger than one county; have organized governing boards of directors; are nonprofit; show evidence of community support; and are not under county commissioner jurisdiction.

"Community fair" means an agricultural fair with either or both open or junior classes, displays or exhibits. Community fairs do not have as extensive diversification of classes, displays, or exhibits as area, county, or district fairs. Community fairs serve an area smaller than areas served by area, county, and district fairs; have organized governing boards of directors; are nonprofit; and show evidence of community support. There may be more than one community fair in a county.

"County fair" means an agricultural fair with both open and junior participation but not as extensive diversification of classes, displays, and exhibits as an area fair. County fairs are authorized by RCW 36.37.050, serve a single county, and are under the jurisdiction of a board of county commissioners.

"Department" means the Washington state department of agriculture.

"Director" means the director of the Washington state department of agriculture.

"District fair" means an agricultural fair with both open and youth participation but not as extensive diversification of classes, displays, and exhibits as an area fair. District fairs are authorized by RCW 36.37.050, serve more than one county, and are under county commission jurisdiction.

"Operating expenses" means the amount awarded for premiums and awards; expenses for special agricultural education and demonstrations; judges' fees; staffing expenses; and other expenses used to operate an agricultural fair.

"Premiums and awards" means anything of value given as a reward or incentive for exhibits and educational contests, displays, and demonstrations of an educational nature. Premiums and awards do not include livestock sale revenues, nor anything of value given as a reward or incentive for promotional or entertainment activities, such as queen contests, parades, dances, rodeos, and races.

"Reimbursement" means a proportion of an allocation distributed to eligible applicants as reimbursement for operating costs incurred according to the requirements of chapter 15.76 RCW and this chapter.

"Youth fair or show" means a 4-H or FFA agricultural fair with the purpose of educating and training youth in agriculture and life skills. Youth fairs or shows serve three or more counties; must be approved by an approving agency; have organized governing boards of directors; are nonprofit; and show evidence of community support.

"Youth fair or show approving agency" means either the Washington State University, which approves 4-H fairs and shows, or the office of the superintendent of public instruction, which approves FFA fairs and shows.

History

Statutory Authority: RCW 15.76.180 and chapter 34.05 RCW. WSR 18-22-049, § 16-700-002, filed 10/31/18, effective 12/1/18. Statutory Authority: Chapter 15.76 RCW. WSR 80-01-019 (Order 1662), § 16-700-002, filed 12/14/79, effective 1/1/81.

Wash. Admin. Code § 16-700-015 Applications for reimbursement.

(1) Agricultural fairs must use reimbursement application forms supplied by the department. Applicants for reimbursement must include all information requested by the application forms including, but not limited to, the number of exhibits and exhibitors, the amount awarded for premiums and awards, and operating expenses.

(2) An area, county, or district fair applying for a reimbursement must submit to the director an annual application and a certified auditor's report of operating expenses on or before February 15th in the year following the fair.

(3) A community fair applying for a reimbursement must submit to the director an annual notarized application on or before December 1st in the year of holding the fair.

(4) Youth fairs or shows applying for a reimbursement must submit to the director an annual notarized application on or before December 1st in the year of holding the fair. The department will submit a copy of each youth fair or show application to the approving agency.

History

Statutory Authority: RCW 15.76.180 and chapter 34.05 RCW. WSR 18-22-049, § 16-700-015, filed 10/31/18, effective 12/1/18.

Wash. Admin. Code § 16-700-022 Requirements to qualify for reimbursement.

Any agricultural fair, except for single species youth shows, applying for reimbursement of operating expenses must:

(1) Provide special activities for youth training and development, such as judging contests, educational demonstrations, and displays.

(2) Hold all activities to be considered as part of the fair on consecutive days. A fair may hold a portion of these activities up to seven days before the first day of the fair.

(3) Have all displays or exhibits in one place and open to the public for at least a seven-hour period.

History

Statutory Authority: RCW 15.76.180 and chapter 34.05 RCW. WSR 18-22-049, § 16-700-022, filed 10/31/18, effective 12/1/18. Statutory Authority: Chapter 15.76 RCW. WSR 80-01-019 (Order 1662), § 16-700-022, filed 12/14/79, effective 1/1/81.

Wash. Admin. Code § 16-700-024 Director's review.

Any fair not qualifying under WAC 16-700-022 may apply to the director for a review of its circumstances and the director has discretion to determine eligibility in consideration of those circumstances on a case-by-case basis.

History

Statutory Authority: RCW 15.76.180 and chapter 34.05 RCW. WSR 18-22-049, § 16-700-024, filed 10/31/18, effective 12/1/18. Statutory Authority: Chapter 15.76 RCW. WSR 80-01-019 (Order 1662), § 16-700-024, filed 12/14/79, effective 1/1/81.

Wash. Admin. Code § 16-700-050 Merit criteria.

(1) After allocation to fair categories, fairs commissioners evaluate agricultural fairs to help determine the distribution of reimbursement according to the merit rating.

(2) Fairs commissioners evaluating agricultural fairs have discretion in award of merit points.

(3) In determining the merit of agricultural fairs, the fairs commissioners use standards based on the following criteria:

(a) Aims and purposes: Evidence of successful achievement of the fair or show's stated aims and purposes. Fairs and shows should have a written statement prominently displayed to the public that describes the reason or purposes for which the fair or show is held.

(b) Organization and management: The extent to which the organization, its officers and management, and the physical facilities and financial resources are geared to accomplish the objectives stated in the written statement of aims and purposes.

(c) General attractiveness: The agricultural, educational, commercial and recreational features that help make the fair attractive to the fairgoing public.

(d) Exhibits: The number, quality and diversity of exhibits and their general rating judged by recognized standards of excellence, as well as their neatness and orderliness in all departments, in open and junior classes.

(i) To qualify for the maximum number of animal exhibit merit points, fairs should have three or more large animal categories, such as beef, sheep, swine, horses, dairy, goats, and llamas; and three or more small animal categories, such as dogs, cats, poultry, rabbits, cavies, and pocket pets.

(ii) To qualify for the maximum number of still life exhibit merit points, fairs should have three or more still life categories, such as baked goods, food preservation, clothing and sewn items, decorative arts, fine arts, photography, horticulture, crops, floriculture, crafts and hobbies, ag mechanics, and STEM (science, technology, engineering and mathematics) exhibits.

(iii) Animal-only fairs and shows are exempt from the still life requirement.

(e) Community, county or area interest: The participation and support from the area served as indicated by attendance, both paid and total; and by active support from service clubs, farm organizations and other groups.

(f) Success of the fair: How successful the fair appears, measured by its accomplishment in relation to resources available.

(4) In the case of youth fairs and shows, fair commissioners also consider to the extent to which the show or fair supplements youth programs; provides opportunities for showing results of supervised training in these programs; and provides special activities for youth development, such as judging contests, educational demonstrations, banquets, barbecues, programs, or other supervised recreation.

History

Statutory Authority: RCW 15.76.180 and chapter 34.05 RCW. WSR 18-22-049, § 16-700-050, filed 10/31/18, effective 12/1/18. Statutory Authority: RCW 15.76.180. WSR 97-04-078, § 16-700-050, filed 2/5/97, effective 3/8/97
Order 847, Regulation 5, effective 6/8/61.

Wash. Admin. Code § 16-700-070 Reserve for disaster grants.

The department must reserve not less than five thousand dollars for the purpose of making disaster grants to fairs that have experienced disasters resulting from fire, flood, wind, snow, earthquake or other acts of God.

History

Statutory Authority: RCW 15.76.180 and chapter 34.05 RCW. WSR 18-22-049, § 16-700-070, filed 10/31/18, effective 12/1/18
Order 847, Regulation 7, effective 6/8/61.

Chapter 16-720 Dietary supplements—Elemental iron.

Wash. Admin. Code § 16-720-001 Promulgation.

I, Stewart Bledsoe, director of agriculture of the state of Washington, by virtue of the authority vested in me under chapter 70.106 RCW, after due notice as provided under chapters 42.32 [42.30] and 34.04 RCW, and a public hearing held in Olympia, Washington on January 28, 1976 and on August 30, 1976 do hereby promulgate the following regulations requiring dietary iron supplements and dietary multiple-vitamin-with iron supplements to be packaged in child-resistant containers.

History

42.30] and 34.04 RCW, and a public hearing held in Olympia, Washington on January 28, 1976 and on August 30, 1976 do hereby promulgate the following regulations requiring dietary iron supplements and dietary multiple-vitamin-with iron supplements to be packaged in child-resistant containers.[Order 1483, § 16-720-001, filed 9/2/76, effective 6/2/77
Order 1433, § 16-720-001, filed 3/1/76, effective 1/1/77.

Wash. Admin. Code § 16-720-010 Definition.

Dietary supplement means any vitamin and/or mineral preparation offered in tablet, capsule, wafer or other similar uniform unit form; in powder, granular, flake, or liquid form; or in the physical form of a conventional food but which is not a conventional food; and which purports to be or is represented for special dietary use by humans to supplement their diets by increasing the total dietary intake of one or more of the essential vitamins and/or minerals.

History

Order 1483, § 16-720-010, filed 9/2/76, effective 6/2/77
Order 1433, § 16-720-010, filed 3/1/76, effective 1/1/77.

Wash. Admin. Code § 16-720-020 Requirement.

Iron preparations. Animal and human drugs (except for injectable drugs), and dietary supplements, as defined in WAC 16-720-010, that provide an equivalent of 250 milligrams or more of elemental iron per total package, shall be packaged in accordance with the provisions of chapter 70.106 RCW, the Washington Poison Prevention Act of 1974.

History

Order 1483, § 16-720-020, filed 9/2/76, effective 6/2/77
Order 1433, § 16-720-020, filed 3/1/76, effective 1/1/77.

Wash. Admin. Code § 16-720-030 Penalty.

Any person found to be in violation of WAC 16-720-020 shall be subject to the penalties provided in RCW 70.106.140.

History

Order 1483, § 16-720-030, filed 9/2/76, effective 6/2/77
Order 1433, § 16-720-030, filed 3/1/76, effective 1/1/77.

Chapter 16-740 Food assistance programs.

Wash. Admin. Code § 16-740-010 Authority.

These rules are adopted under the authority of chapter 68, Laws of 2010, which provides that the director may adopt rules necessary to implement the food assistance programs.

History

Statutory Authority: 2010 c 68 and chapter 34.05 RCW. WSR 10-20-061, § 16-740-010, filed 9/27/10, effective 10/28/10.

Wash. Admin. Code § 16-740-020 Purpose.

The purpose of this chapter is to set forth the conditions and procedures under which state funding will be made available to assist local emergency food programs.

History

Statutory Authority: 2010 c 68 and chapter 34.05 RCW. WSR 10-20-061, § 16-740-020, filed 9/27/10, effective 10/28/10.

Wash. Admin. Code § 16-740-030 Definitions.

"Administrative costs" means management and general expenses, including membership dues that cannot be readily identified with a particular program or direct services.

"Applicant" means a public or private nonprofit organization, tribe or tribal organization who applies for state emergency food assistance.

"Commodity program" means a program that primarily distributes USDA surplus commodities to clients (TEFAP).

"Contractor" means an applicant who has been awarded state funds under the emergency food assistance program, and who has entered into a contract with the department to provide emergency food assistance to individuals.

"Department" means the Washington state department of agriculture.

"Director" means the director of the Washington state department of agriculture or the director's authorized representative.

"Emergency food" means food that is given to clients who do not have the means to acquire that food themselves, so that they will not go hungry.

"Emergency food assistance program" or "EFAP" means the statewide activities of the department to assist local emergency food programs by allocating and awarding state funds.

"Food bank" means an emergency food program that distributes unprepared food without charge to its clients, is open a fixed number of hours and days each week or month, and such hours and days are publicly posted.

"Food distributor" means a food distribution agency that collects, warehouses, and distributes food to emergency food programs and other charities on a county, regional, or statewide basis.

"In-kind" means the value of volunteer services or donated goods such as staff time, rent, food, supplies and transportation.

"Lead agency contractor" means a contractor who may subcontract with one or more local food banks to provide emergency food assistance to individuals, and with food distributors to provide food to food banks.

"Operational expenses" means those costs clearly identifiable with providing direct services to eligible clients, or distribution services to food banks such as staff time, transportation costs, and equipment rental.

"Participating food bank" means a local public or private nonprofit food bank that enters into a subcontract with a lead agency contractor to provide emergency food assistance to individuals.

"Religious service" means any sectarian or nondenominational service, rite, or meeting that involves worship of a higher being.

"Special dietary needs" means funds to purchase food that meets the nutritional needs of a special needs population.

"Tribal food voucher program" means the statewide activities of the department that allocate and award state funds to tribes and tribal organizations that issue food vouchers to clients.

History

Statutory Authority: 2010 c 68 and chapter 34.05 RCW. WSR 10-20-061, § 16-740-030, filed 9/27/10, effective 10/28/10.

Wash. Admin. Code § 16-740-040 Contractor funding allocation and award of contracts.

At least seventy percent of the total allocation appropriated by the legislature shall be contracted to lead agency contractors. These funds shall be for the purpose of funding the activities of food banks and food distributors, the purchase of special dietary needs foods, and providing special dietary needs training. The specific appropriation for timber and salmon dependent communities shall be contracted to food banks in those communities. Of the remainder of the total allocation, not including department administrative costs, allocations shall be contracted to a discretionary program if the department elects to award such contracts, the tribal food voucher program, and additional special dietary needs training. Allocations for each county shall be contracted to lead agency contractors on the following basis:

(1) A formula for distributing the funds in proportion to need shall be established by the department in consultation with a committee appointed by the director or the director's designee. This formula may only be changed at the beginning of a biennial contract period.

(2) The department shall award the lead agency contract to an eligible contractor, as defined by the department, which is supported by a least two-thirds of the participating food banks in a county.

(3) The department may award the combined allocation for two or more counties to a single applicant.

(4) The department shall award a contract to no more than one lead agency contractor in each county, with the exception of King County, where there may be three lead agency contractors, to administer subcontracts with one or more participating food banks and food distributors.

(5) Federally recognized tribes may apply to the department directly for the food bank program without having to subcontract with the lead agency. They must meet all the same criteria and requirements as lead agencies.

(6) Within each lead agency service area, except for the additional funds specifically allocated for food banks in timber and salmon dependent communities, funds shall be allocated between food distributors, food banks, and special dietary needs foods and training based on a two-thirds vote of all participating food banks and the lead agency.

(7) The additional funds specifically allocated for food banks in timber and salmon dependent communities shall remain in the amounts identified by the legislature.

(8) If participating food banks designate funds for food distribution, they shall elect with a two-thirds vote of the participating food banks and the lead agency, an eligible distributor as defined by the department. They may choose more than one distributor with which to subcontract. The lead agency contractor shall be responsible for subcontracting with the food distributor(s).

(9) A formula for distributing the funds to each tribe and tribal organization participating in the emergency food assistance program in proportion to need shall be established by the department in consultation with a committee consisting of representatives from all tribes participating in the program. This formula may only be changed at the beginning of a biennial contract period.

(10) The department shall pay for services provided under the emergency food assistance program after the contractor submits a monthly report of expenditures incurred and a request for reimbursement.

(11) Tribes may apply for the food bank funds or the food voucher funds or both. Tribes will receive the same amount of funds whether they participate in one or both programs, computed as their share of the allocated EFAP tribal funds. It will be up to the discretion of each participating tribe how it allocates the EFAP funds.

(12) In the event that funds are not claimed by an eligible organization in a county or that a portion of the funds allocated to a county remains unspent, the lead agency contractor may request authorization from the department to reallocate funds, within its service area, to an area of unmet need.

(13) In the event that a portion of the funds allocated to a subcontracting tribe within a tribal contractor's contract remains unspent or unclaimed, the tribal contractor may request authorization from the department to reallocate funds to one of its other subcontracting tribes with unmet needs.

History

Statutory Authority: 2010 c 68 and chapter 34.05 RCW. WSR 10-20-061, § 16-740-040, filed 9/27/10, effective 10/28/10.

Wash. Admin. Code § 16-740-050 Applicant eligibility criteria.

(1) The applicant must have a certified form from the IRS stating nonprofit status under section 501 (c)(3), or be a public nonprofit agency, be a recognized tribe, a tribal organization with section 501 (c)(3) status, or an unrecognized tribe with section 501 (c)(3) status.

(2) The applicant for funding as lead agency must have been operating as a public nonprofit or private nonprofit with section 501 (c)(3) status for one year prior to the beginning date of the contract.

(3) The applicant for funding as a participating food bank must have been operating as a public nonprofit or private nonprofit with section 501 (c)(3) status food bank for one year prior to the beginning date of the subcontract.

(4) The applicant for funding as a food distributor must have been operating as a public nonprofit or a private nonprofit with section 501 (c)(3) status food distributor for one year prior to the beginning date of the contract.

(5) The applicant for lead agency or tribal contractor may or may not actually provide emergency food program services.

(6) The applicant must practice nondiscrimination in providing services and employment.

(7) The applicant must not require participation in a religious service as a condition of receiving emergency food or a food voucher.

(8) Applicants within a county or multicounty region, or tribes with established parameters for service, may define their service area boundaries for the purpose of equitably allocating resources. The department encourages the provider to serve the client no matter what service areas the client resides in. If appropriate, the provider may then refer the client to the agency servicing the area in which the client resides, or to the tribe which has established jurisdiction over the individual, for further assistance. Providers must practice nondiscrimination when applying their service area policies.

(9) The applicant may not charge for food or food vouchers given to a client.

History

Statutory Authority: 2010 c 68 and chapter 34.05 RCW. WSR 10-20-061, § 16-740-050, filed 9/27/10, effective 10/28/10.

Wash. Admin. Code § 16-740-060 Financial support application process.

(1) Potential applicants will be notified by the department that in order to be considered for state emergency food financial assistance, an application must be submitted to the department.

(2) An applicant must make formal application using forms issued and procedures established by the department. Such application shall be for the period indicated on the contract face sheet. Failure of an applicant to make application in a timely manner, as specified by the department, may result in denial of the funding request.

(3) Department funds may not supplant other existing funding sources.

(4) The department shall notify successful applicants and shall provide to each of them a contract for signature. This contract must be signed by an official with authority to bind the applicant and must be returned to the department prior to the award of any funds under this program.

(5) Applicants that receive food bank or food distribution funds are subject to the following fiscal requirements:

(a) The total funds from the department received by a nontribal lead agency contractor or a food distribution subcontractor must be equally matched by funds from other sources during the fiscal year. No more than fifty percent of that match may be documented in-kind contributions. Nontribal participating food banks receiving funds from the department have two options for matching funds: They may equally match the EFAP funds, with no more than fifty percent being documented in-kind contributions; if they do not have at least one-half of their minimum match as cash, they may match their department funds by at least two hundred percent in in-kind contributions from other sources.

(b) Administrative costs for food bank and food distributor subcontractors under this program are limited to ten percent of their total contract award. Administrative costs for a lead agency contractor who also provides direct emergency food assistance services as a participating food bank and/or services as a food distributor are limited to ten percent of the contractor's allocation for providing direct services, ten percent of the contractor's allocation for providing food distributor services, and ten percent of the total contract award as food bank lead agency; total administrative costs, however, may not exceed fifteen percent of the total contract award. Administrative costs for agencies who are lead agency contractors only are limited to ten percent of their total contract award.

(6) Tribal applicants are subject to the following fiscal requirements:

(a) Tribal contractors and subcontractors must match thirty-five percent of the funds received by the department for the emergency food assistance program. No more than fifty percent of that match may be documented in-kind contributions.

(b) Of a contract award allocated to the tribal food voucher program, tribal contractors may not spend more than ten percent on administrative costs, and five percent on operational expenses. The balance of funds is to be used for food vouchers issued to clients. Of funds allocated to the food bank program, tribal contractors are subject to the same spending requirements as nontribal food bank contractors under subsection (5)(b) of this section.

History

Statutory Authority: 2010 c 68 and chapter 34.05 RCW. WSR 10-20-061, § 16-740-060, filed 9/27/10, effective 10/28/10.

Chapter 16-750 State noxious weed list and schedule of monetary penalties.

Wash. Admin. Code § 16-750-001 State noxious weed list—Purpose.

In accordance with RCW 17.10.080 a state noxious weed list of the names of those plants which the state noxious weed control board finds to be highly destructive, competitive, or difficult to control by cultural or chemical practices is adopted.

History

Statutory Authority: Chapter 17.10 RCW. WSR 99-24-029, § 16-750-001, filed 11/23/99, effective 1/3/00
WSR 91-24-072, § 16-750-001, filed 12/2/91, effective 1/2/92. Statutory Authority: RCW 17.10.080. WSR 88-07-016 (Order 22, Resolution No. 22), § 16-750-001, filed 3/7/88.

Wash. Admin. Code § 16-750-003 Definitions.

(1) The definitions in this section shall apply throughout this chapter, unless the context plainly requires otherwise:

(a) "Action" means the transaction of the official business of the Washington state noxious weed control board including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, and final actions.

(b) "Board" means the Washington state noxious weed control board, or a duly authorized representative.

(d) "Executive secretary" means the executive secretary of the Washington state noxious weed control board.

(e) "Department" means the department of agriculture of this state.

(f) "Final action" means a collective positive or negative decision, or an actual vote by a majority of board members when sitting as a body or entity, upon a motion, proposal, resolution, or order.

(g) "Meeting" means meetings at which action is taken.

(h) "Regular meetings" means recurring meetings held in accordance with a periodic schedule in compliance with applicable statute or rule.

(2) The definitions in this subsection apply throughout this chapter, chapter 17.10 RCW, and any rules adopted thereunder unless the context plainly requires otherwise:

(a) "Control" of noxious weeds means to prevent all seed production and to prevent the dispersal of all propagative parts capable of forming new plants.

(b) "Contain" means to confine a noxious weed and its propagules to an identified area of infestation.

(d) "Prevent the spread of noxious weeds" means to contain noxious weeds.

(e) Class A noxious weeds consist of those noxious weeds not native to the state that are of limited distribution or are unrecorded in the state and that pose a serious threat to the state.

(f) Class B noxious weeds consist of those noxious weeds not native to the state that are of limited distribution or are unrecorded in a region of the state and that pose a serious threat to that region.

(g) "Class B designate" means those Class B noxious weeds whose populations in a region or area are such that all seed production can be prevented within a calendar year.

(h) Class C are any other nonnative to Washington state noxious weeds.

(3) Any county noxious weed control board may enhance the clarity of any definition contained in subsection (2) of this section, making that definition more specific, but shall not change its general meaning.

History

Statutory Authority: Chapters 17.10 and 34.05 RCW. WSR 23-23-168, § 16-750-003, filed 11/21/23, effective 1/1/24
WSR 10-03-046, § 16-750-003, filed 1/14/10, effective 2/14/10. Statutory Authority: Chapter 17.10 RCW. WSR 99-24-029, § 16-750-003, filed 11/23/99, effective 1/3/00
WSR 97-06-108, § 16-750-003, filed 3/5/97, effective 4/5/97
WSR 93-01-004, § 16-750-003, filed 12/2/92, effective 1/2/93
WSR 91-24-072, § 16-750-003, filed 12/2/91, effective 1/2/92
WSR 91-01-016, § 16-750-003, filed 12/7/90, effective 1/7/91
WSR 90-01-004, § 16-750-003, filed 12/7/89, effective 1/7/90
WSR 88-18-001 (Order 24, Resolution No. 24), § 16-750-003, filed 8/25/88.

Wash. Admin. Code § 16-750-004 Noxious weed region descriptions.

The state of Washington is divided into six regions for the purpose of designating Class B noxious weeds.

(1) Region 1 description. A region containing all lands lying within the boundaries of Clallam, Jefferson, Grays Harbor, Mason, and Pacific counties.

(2) Region 2 description. A region containing all lands lying within the boundaries of San Juan, Whatcom, Skagit, Snohomish, Island, King, Kitsap, Pierce, and Thurston counties.

(3) Region 3 description. A region containing all lands lying within the boundaries of Lewis, Cowlitz, Wahkiakum, Clark, and Skamania counties.

(4) Region 4 description. A region containing all lands lying within the boundaries of Chelan, Douglas, Okanogan, Ferry, Stevens, and Pend Oreille counties.

(5) Region 5 description. A region containing all lands lying within the boundaries of Klickitat, Yakima, Kittitas, Grant, Adams, Lincoln, Spokane, and Whitman counties.

(6) Region 6 description. A region containing all lands lying within the boundaries of Benton, Franklin, Walla Walla, Columbia, Garfield, and Asotin counties.

History

Statutory Authority: Chapters 17.10 and 34.05 RCW. WSR 13-01-038, § 16-750-004, filed 12/12/12, effective 1/12/13. Statutory Authority: Chapter 17.10 RCW. WSR 99-24-029, § 16-750-004, filed 11/23/99, effective 1/3/00
WSR 91-24-072, § 16-750-004, filed 12/2/91, effective 1/2/92
WSR 88-18-001 (Order 24, Resolution No. 24), § 16-750-004, filed 8/25/88.

Wash. Admin. Code § 16-750-005 State noxious weed list—Class A noxious weeds.

| Common Name | Scientific Name | | --- | --- | | broom, French | Genista monspessulana | | broom, Spanish | Spartium junceum | | common crupina | Crupina vulgaris | | cordgrass, common | Spartina anglica | | cordgrass, dense-flowered | Spartina densiflora | | cordgrass, salt meadow | Spartina patens | | cordgrass, smooth | Spartina alterniflora | | delta arrowhead | Sagittaria platyphylla | | dyer's woad | Isatis tinctoria | | eggleaf spurge | Euphorbia oblongata | | false brome | Brachypodium sylvaticum | | floating primrose-willow | Ludwigia peploides | | flowering rush | Butomus umbellatus | | garlic mustard | Alliaria petiolata | | giant hogweed | Heracleum mantegazzianum | | goatsrue | Galega officinalis | | hydrilla | Hydrilla verticillata | | Johnsongrass | Sorghum halepense | | knapweed, bighead | Centaurea macrocephala | | knapweed, Vochin | Centaurea nigrescens | | kudzu | Pueraria montana var. lobata | | meadow clary | Salvia pratensis | | oriental clematis | Clematis orientalis | | Palmer amaranth | Amaranthus palmeri | | purple starthistle | Centaurea calcitrapa | | reed sweetgrass | Glyceria maxima | | ricefield bulrush | Schoenoplectus mucronatus | | round leaf bittersweet | Celastrus orbiculatus | | sage, clary | Salvia sclarea | | sage, Mediterranean | Salvia aethiopis | | silverleaf nightshade | Solanum elaeagnifolium | | small-flowered jewelweed | Impatiens parviflora | | South American spongeplant | Limnobium laevigatum | | sunflower broomrape | Orobanche cumana | | Syrian bean-caper | Zygophyllum fabago | | Texas blueweed | Helianthus ciliaris | | thistle, Italian | Carduus pycnocephalus | | thistle, marsh | Cirsium palustre | | thistle, milk | Silybum marianum | | thistle, slenderflower | Carduus tenuiflorus | | thistle, Turkish | Carduus cinereus | | variable-leaf milfoil and hybrids | Myriophyllum heterophyllum Myriophyllum heterophyllum x Myriophyllum hippuroides | | waterhemp | Amaranthus tuberculatus | | wild four o'clock | Mirabilis nyctaginea |

History

Statutory Authority: Chapters 17.10 and 34.05 RCW. WSR 26-08-059, s 16-750-005, filed 3/27/26, effective 4/27/26
WSR 25-24-076, s 16-750-005, filed 12/1/25, effective 1/1/26
WSR 24-23-085, s 16-750-005, filed 11/19/24, effective 1/1/25
WSR 23-23-168, § 16-750-005, filed 11/21/23, effective 1/1/24
WSR 20-24-098, § 16-750-005, filed 11/30/20, effective 1/1/21
WSR 19-24-052, § 16-750-005, filed 11/26/19, effective 1/1/20
WSR 17-24-035, § 16-750-005, filed 11/29/17, effective 1/1/18
WSR 16-24-031, § 16-750-005, filed 11/30/16, effective 1/1/17
WSR 14-24-103, § 16-750-005, filed 12/2/14, effective 1/2/15
WSR 14-02-072, § 16-750-005, filed 12/30/13, effective 1/30/14
WSR 13-01-038, § 16-750-005, filed 12/12/12, effective 1/12/13
WSR 12-01-050, § 16-750-005, filed 12/15/11, effective 1/15/12
WSR 09-01-071, § 16-750-005, filed 12/15/08, effective 1/16/09
WSR 07-24-023, § 16-750-005, filed 11/28/07, effective 1/1/08
WSR 05-24-026, § 16-750-005, filed 11/30/05, effective 12/31/05
WSR 03-04-001, § 16-750-005, filed 1/22/03, effective 2/22/03. Statutory Authority: Chapter 17.10 RCW. WSR 99-24-029, § 16-750-005, filed 11/23/99, effective 1/3/00
WSR 98-24-026, § 16-750-005, filed 11/23/98, effective 1/2/99
WSR 97-24-051, § 16-750-005, filed 11/26/97, effective 1/2/98. Statutory Authority: RCW 17.10.080. WSR 96-06-030, § 16-750-005, filed 2/29/96, effective 3/31/96. Statutory Authority: Chapter 17.10 RCW. WSR 93-01-004, § 16-750-005, filed 12/2/92, effective 1/2/93
WSR 91-24-072, § 16-750-005, filed 12/2/91, effective 1/2/92
WSR 91-01-016, § 16-750-005, filed 12/7/90, effective 1/7/91
WSR 90-01-004, § 16-750-005, filed 12/7/89, effective 1/7/90
WSR 88-24-002 (Order 26, Resolution No. 26), § 16-750-005, filed 11/29/88. Statutory Authority: RCW 17.10.080. WSR 88-07-016 (Order 22, Resolution No. 22), § 16-750-005, filed 3/7/88.

Wash. Admin. Code § 16-750-011 State noxious weed list—Class B noxious weeds.

| | Name | | Will be a "Class B designate" in all lands lying within: | | --- | --- | --- | --- | | (1) | blueweed, Echium vulgare | (a) | regions 1, 2, 3, 4, 6 | | | | (b) | region 5, except Spokane County | | (2) | Brazilian elodea, Egeria densa | (a) | region 1, except Grays Harbor County | | (b) | region 2, except Kitsap County and Green Lake in King County | | | | | | (c) | King County of region 2, except lakes Dolloff, Fenwick, Union, Washington, and Sammamish, and the Sammamish River | | | | (d) | region 3, except Wahkiakum County | | | | (e) | regions 4, 5, and 6 | | (3) | bugloss, annual, Lycopsis arvensis | (a) | regions 1, 2, 3, 4, and 6 | | (b) | region 5, except Spokane County | | | | (4) | bugloss, common, Anchusa officinalis | (a) | regions 1, 2, 3, and 6 | | (b) | All of region 4 except those areas lying within the Entiat River Valley between the Columbia River confluence and Stormy Creek in Chelan County | | | | | | (c) | region 5, except Spokane County | | (5) | butterfly bush, Buddleja davidii | (a) | Grays Harbor County of region 1 | | | | (b) | San Juan County of region 2 | | | | (c) | Cowlitz County of region 3 | | (6) | camelthorn, Alhagi maurorum | (a) | regions 1, 2, 3, 4, 5, and 6 | | (7) | common fennel, Foeniculum vulgare (except bulbing fennel, F. vulgare var. azoricum) | (a) | region 1, except Jefferson County | | | (b) | region 2, except King and Skagit counties | | | | | (c) | region 3, except Clark County | | | | (d) | regions 4, 5, and 6 | | (8) | common reed, Phragmites australis (nonnative genotypes only) | (a) | regions 1, 2, 3, and 4 | | (b) | region 5, except Grant County | | | | (c) | Asotin, Columbia, and Garfield counties of region 6 | | | | (9) | common tansy, Tanacetum vulgare | (a) | Clallam County of region 1 | | (b) | Kitsap and San Juan counties of region 2 | | | | | | (c) | Cowlitz County of region 3 | | | | (d) | Adams and Lincoln counties of region 5 | | (10) | Dalmatian toadflax, Linaria dalmatica ssp. dalmatica | (a) | regions 1, 2, and 3 | | (b) | Adams, Kittitas, and Lincoln counties of region 5 | | | | | | (c) | Benton, Franklin, and Walla Walla counties of region 6 | | (11) | Eurasian watermilfoil, Myriophyllum spicatum | (a) | region 1, except Pacific County | | (b) | Island, Kitsap, and San Juan counties of region 2 | | | | | | (c) | Clark and Cowlitz counties of region 3 | | | | (d) | Chelan and Okanogan counties, and all lakes with public boat launches except Fan Lake in Pend Oreille County of region 4 | | | | (e) | Adams, Kittitas, Lincoln, and Whitman counties of region 5 | | | | (f) | Asotin, Columbia, and Garfield counties of region 6 | | (12) | European coltsfoot, Tussilago farfara | (a) | regions 1, 2, 3, 4, 5, and 6 | | (13) | fanwort, Cabomba caroliniana | (a) | regions 1, 2, 4, 5, and 6 | | (b) | region 3, except Cowlitz County | | | | (14) | gorse, Ulex europaeus | (a) | region 1, except Grays Harbor and Pacific counties | | | | (b) | regions 2, 3, 4, 5, 6 | | (15) | grass-leaved arrowhead, Sagittaria graminea | (a) | region 1 | | (b) | region 2, except Snohomish County | | | | | | (c) | regions 3, 4, 5, and 6 | | (16) | hairy willow-herb, Epilobium hirsutum | (a) | regions 1, 3, and 4 | | (b) | region 2, except Thurston and Whatcom counties | | | | | | (c) | region 5, except Klickitat County | | | | (d) | region 6, except Benton and Franklin counties | | (17) | hanging sedge, Carex pendula, Carex pendula subsp. pendula and Carex pendula subsp. agastachys | (a) | regions 1, 3, 4, 5, and 6 | | (b) | region 2, except for King County | | | | (18) | hawkweed oxtongue, Picris hieracioides | (a) | regions 1, 2, 4, 5, and 6 | | (b) | region 3, except Skamania County | | | | (19) | hawkweed, orange, Hieracium aurantiacum | (a) | regions 1, 3, and 6 | | (b) | region 2, except Whatcom County | | | | | | (c) | region 4, except Pend Oreille and Stevens counties | | | | (d) | region 5, except Kittitas and Spokane counties | | (20) | hawkweeds: All nonnative species and hybrids of the Meadow subgenus (Pilosella), including, but not limited to, mouseear (Hieracium pilosella), pale (H. lactucella), queen-devil (H. glomeratum), tall (H. piloselloides), whiplash (H. flagellare), yellow (H. caespitosum), and yellow-devil (H. x floribundum) | (a) | region 1 | | | (b) | region 2, except Thurston County | | | | (c) | region 3, except Cowlitz County | | | | (d) | region 4, except Pend Oreille and Stevens counties | | | | (e) | region 5, except Klickitat and Spokane counties | | | | (f) | region 6 | | | (21) | hawkweeds: All nonnative species and hybrids of the Wall subgenus (Hieracium), including, but not limited to, common (Hieracium lachenalii), European (H. sabaudum), polar (H. atratum), smooth (H. laevigatum), spotted (H. maculatum), and wall (H. murorum) | (a) | regions 1, 3, 5, and 6 | | | (b) | region 2, except King, Skagit, Snohomish, and Whatcom counties | | | | (c) | region 4, except Stevens County | | | (22) | herb-Robert, Geranium robertianum | (a) | regions 4, 5, and 6 | | (23) | hoary alyssum, Berteroa incana | (a) | regions 1, 2, 3, and 6 | | (b) | region 4, except Pend Oreille and Ferry counties | | | | | | (c) | region 5, except Klickitat County | | (24) | houndstongue, Cynoglossum officinale | (a) | regions 1, 2, and 3 | | (b) | Chelan and Douglas counties of region 4 | | | | | | (c) | Yakima, Grant and Adams counties of region 5 | | | | (d) | Benton and Franklin counties of region 6 | | (25) | indigobush, Amorpha fruticosa | (a) | regions 1, 2, and 4 | | (b) | Lewis County of region 3 | | | | | | (c) | region 5, except Klickitat County | | (26) | knapweed, black, Centaurea nigra | (a) | regions 1, 2, 3, 4, 5, and 6 | | (27) | knapweed, brown, Centaurea jacea | (a) | regions 1, 2, 3, 4, 5, and 6 | | (28) | knapweed, diffuse, Centaurea diffusa | (a) | region 1 | | (b) | region 2 | | | | | | (c) | region 3, except Cowlitz County | | | | (d) | Adams County of region 5 | | (29) | knapweed, meadow, Centaureax gerstlaueri | (a) | regions 1 and 4 | | (b) | region 2, except Whatcom County | | | | | | (c) | Thurston County of region 2, except below the ordinary high-water mark of the Nisqually River | | | | (d) | Lewis and Wahkiakum counties of region 3 | | | | (e) | region 5, except Kittitas and Klickitat counties | | | | (f) | region 6, except Franklin and Walla Walla counties | | (30) | knapweed, Russian, Rhaponticum repens | (a) | regions 1, 2, and 3 | | (b) | Ferry and Pend Oreille counties of region 4 | | | | | | (c) | Lincoln, Spokane, and Whitman counties of region 5 | | | | (d) | Adams County of region 5, except for the area west of Highway 17 and north of Highway 26 | | | | (e) | Asotin and Garfield counties of region 6 | | (31) | knapweed, spotted, Centaurea stoebe | (a) | region 1, except Grays Harbor | | (b) | region 2, except Whatcom County | | | | | | (c) | Clark, Lewis, and Wahkiakum counties of region 3 | | | | (d) | Ferry and Douglas counties of region 4 | | | | (e) | Adams, Grant and Yakima counties of region 5 | | | | (f) | region 6, except Columbia and Walla Walla counties | | (32) | knotweed, Bohemian, Fallopia x bohemica | (a) | Island and San Juan counties of region 2 | | (b) | Skamania County of region 3 | | | | | | (c) | region 4, 5, and 6 | | (33) | knotweed, giant, Fallopia sachalinensis | (a) | region 2, except King, Pierce, and Snohomish counties | | (b) | region 3, except Cowlitz and Lewis counties | | | | (c) | regions 4, 5, and 6 | | | | (34) | knotweed, Himalayan, Persicaria wallichii | (a) | region 1, except Pacific County | | (b) | region 2, except King and Pierce counties | | | | | | (c) | region 3, except Wahkiakum County | | | | (d) | region 4, 5, and 6 | | (35) | knotweed, Japanese, Fallopia japonica | (a) | Island, San Juan, and Whatcom counties of region 2 | | (b) | Skamania County of region 3 | | | | | | (c) | region 4, except Okanogan County | | | | (d) | region 5, except Spokane County | | | | (e) | region 6 | | (36) | kochia, Bassia scoparia | (a) | regions 1, 2, and 3 | | (b) | Stevens and Pend Oreille counties of region 4 | | | | | | (c) | Adams County of region 5 | | (37) | lesser celandine, Ficaria verna | (a) | region 1, 3, 4, 5, and 6 | | | | (b) | region 2, except King and Whatcom counties | | (38) | loosestrife, garden, Lysimachia vulgaris | (a) | regions 1, 2, 3, 4, 5, 6 | | (39) | loosestrife, purple, Lythrum salicaria | (a) | Clallam, Jefferson, and Mason counties of region 1 | | (b) | region 2, except Kitsap, Skagit, and Snohomish counties | | | | | | (c) | Clark, Lewis, and Skamania counties of region 3 | | | | (d) | region 4, except Douglas County | | | | (e) | region 5, except Grant and Spokane counties | | | | (f) | region 6, except Asotin and Franklin counties | | (40) | loosestrife, wand, Lythrum virgatum | (a) | Clallam, Jefferson, and Mason counties of region 1 | | (b) | region 2, except Kitsap, Skagit, and Snohomish counties | | | | | | (c) | Clark, Lewis, and Skamania counties of region 3 | | | | (d) | region 4, except Douglas County | | | | (e) | region 5, except Grant and Spokane counties | | | | (f) | region 6, except Asotin and Franklin counties | | (41) | Malta starthistle, Centaurea melitensis | (a) | regions 1, 2, and 3 | | (b) | region 4, except T36 R38 in the area contained within Hwy 395/Hwy 20, Pingston Creek Road, and Highland Loop Road in Stevens County | | | | | | (c) | region 5, except Klickitat and Whitman counties | | (42) | parrotfeather, Myriophyllum aquaticum | (a) | region 1, except Pacific County | | (b) | regions 2, 4, 5, and 6 | | | | | | (c) | Clark and Skamania counties of region 3 | | (43) | perennial pepperweed, Lepidium latifolium | (a) | regions 1, 2, and 4 | | (b) | region 3, except Clark and Cowlitz counties | | | | | | (c) | Kittitas, Lincoln and Spokane counties of region 5 | | | | (d) | Columbia and Garfield counties of region 6 | | (44) | poison hemlock, Conium maculatum | (a) | Clallam, Mason, and Pacific counties of region 1 | | (b) | region 2, except King, Skagit, and Whatcom counties | | | | | | (c) | Clark and Skamania counties of region 3 | | | | (d) | Chelan, Douglas, and Pend Oreille counties of region 4 | | | | (e) | Grant, Kittitas and Lincoln counties of region 5 | | (45) | policeman's helmet, Impatiens glandulifera | (a) | region 1, 3, 4, 5, and 6 | | (b) | region 2, except Thurston and Whatcom counties | | | | (46) | puncturevine, Tribulus terrestris | (a) | regions 1, 2, and 3 | | (b) | Ferry, Pend Oreille, and Stevens counties of region 4 | | | | | | (c) | region 5, except Grant, Klickitat, and Yakima counties | | (47) | Ravenna grass, Tripidium ravennae | (a) | Cowlitz County of region 3 | | (b) | region 4 | | | | | | (c) | region 5, except Yakima County | | | | (d) | region 6, except Benton County | | (48) | rough chervil, Chaerophyllum temulum | (a) | regions 1, 3, 4, 5, and 6 | | (b) | region 2, except for King County | | | | (49) | rush skeletonweed, Chondrilla juncea | (a) | regions 1, 2, and 3 | | (b) | region 4, except all areas of Stevens County south of Township 29 | | | | | | (c) | Kittitas and Yakima counties of region 5, and Adams County, except those areas lying east of Sage Road, the western border of Range 36 | | | | (d) | Asotin County of region 6 | | (50) | saltcedar, Tamarix ramosissima (unless intentionally planted prior to 2004) | (a) | regions 1, 3, 4, 5, and 6 | | (b) | region 2, except King and Thurston counties | | | | (51) | Scotch broom, Cytisus scoparius | (a) | regions 4 and 6 | | (b) | region 5, except Klickitat County | | | | (52) | shiny geranium, Geranium lucidum | (a) | regions 1, 4, 5, and 6 | | (b) | region 2, except King, Snohomish, and Thurston counties, and east of the Narrows Bridge in Pierce County | | | | | | (c) | region 3, except Clark County | | (53) | spurge flax, Thymelaea passerina | (a) | region 4, except Okanogan County | | (b) | regions 5 and 6 | | | | (54) | spurge laurel, Daphne laureola | (a) | region 1, except Clallam and Jefferson counties | | (b) | region 2, except King, Kitsap, and Pierce counties | | | | | | (c) | region 3 | | | | (d) | regions 4, 5, and 6 | | (55) | spurge, leafy, Euphorbia virgata | (a) | regions 1, 2, 3, and 4 | | (b) | region 5, except Spokane County | | | | | | (c) | region 6, except Columbia County | | (56) | spurge, myrtle, Euphorbia myrsinites | (a) | region 1, except Clallam and Jefferson counties | | (b) | region 2, except King, Kitsap, Pierce, and Whatcom counties | | | | | | (c) | regions 3, 5, and 6 | | | | (d) | region 4, except Okanogan County | | (57) | sulfur cinquefoil, Potentilla recta | (a) | region 1 | | (b) | region 2, except Pierce and Thurston counties | | | | | | (c) | region 3, except Lewis and Skamania counties | | | | (d) | Adams, Grant, Lincoln, and Whitman counties of region 5 | | | | (e) | region 6, except Asotin County | | (58) | tansy ragwort, Jacobaea vulgaris | (a) | Island and San Juan counties of region 2 | | (b) | Clark and Wahkiakum counties of region 3 | | | | | | (c) | regions 4, 5, and 6 | | (59) | thistle, musk, Carduus nutans | (a) | regions 1, 2, 3, and 6 | | (b) | region 4, except Douglas and Ferry counties | | | | | | (c) | region 5, except Kittitas County | | (60) | thistle, plumeless, Carduus acanthoides | (a) | regions 1, 2, 3, 5, 6 | | (b) | region 4, except those areas north of State Highway 20 in Stevens County | | | | (61) | thistle, Scotch, Onopordum acanthium | (a) | regions 1, 2, 3, and 4 | | (b) | region 5, except Spokane and Whitman counties | | | | (62) | velvetleaf, Abutilon theophrasti | (a) | regions 1, 2, 3, 4, and 6 | | (b) | region 5, except Yakima County | | | | (63) | water primrose, Ludwigia hexapetala | (a) | regions 1, 2, 3, 4, 5, and 6 | | (64) | white bryony, Bryonia alba | (a) | regions 1, 2, 3, and 4 | | (b) | region 5, except Whitman County | | | | | | (c) | Benton and Garfield counties of region 6 | | (65) | Wild basil/basil savory, Clinopodium vulgare | (a) | regions 1, 2, 4, 5, and 6 | | (b) | region 3, except for Skamania County | | | | (66) | wild chervil, Anthriscus sylvestris | (a) | regions 1, 3, 4, and 6 | | (b) | region 2, except Whatcom County | | | | | | (c) | region 5, except Whitman County | | (67) | yellow archangel, Lamiastrum galeobdolon | (a) | Clallam County of region 1 | | (b) | Island, San Juan, Skagit, and Whatcom counties of region 2 | | | | | | (c) | Cowlitz, Skamania, and Wahkiakum counties of region 3 | | | | (d) | regions 4, 5, and 6 | | (68) | yellow floating heart, Nymphoides peltata | (a) | regions 1, 2, 3, and 6 | | (b) | region 4, except Stevens County | | | | | | (c) | region 5, except Spokane County | | (69) | yellow nutsedge, Cyperus esculentus | (a) | regions 1 and 4 | | (b) | region 2, except Skagit and Thurston counties | | | | | | (c) | region 3, except Clark County | | | | (d) | region 5, except Klickitat and Yakima counties | | | | (e) | region 6, except Franklin and Walla Walla counties | | (70) | yellow starthistle, Centaurea solstitialis | (a) | regions 1, 2, and 3 | | (b) | region 4, except T36 R38 in the area contained within Hwy 395/Hwy 20, Pingston Creek Road, and Highland Loop Road in Stevens County | | | | | | (c) | region 5, except Klickitat, and Whitman counties |

History

Statutory Authority: Chapters 17.10 and 34.05 RCW. WSR 24-23-085, s 16-750-011, filed 11/19/24, effective 1/1/25
WSR 23-23-168, § 16-750-011, filed 11/21/23, effective 1/1/24
WSR 22-24-059, § 16-750-011, filed 12/1/22, effective 1/1/23
WSR 22-01-040, § 16-750-011, filed 12/7/21, effective 1/1/22
WSR 20-24-098, § 16-750-011, filed 11/30/20, effective 1/1/21
WSR 19-24-052, § 16-750-011, filed 11/26/19, effective 1/1/20
WSR 18-24-010, § 16-750-011, filed 11/26/18, effective 1/1/19
WSR 17-24-035, § 16-750-011, filed 11/29/17, effective 1/1/18
WSR 16-24-031, § 16-750-011, filed 11/30/16, effective 1/1/17
WSR 15-24-078, § 16-750-011, filed 11/30/15, effective 12/31/15
WSR 14-24-103, § 16-750-011, filed 12/2/14, effective 1/2/15
WSR 14-02-072, § 16-750-011, filed 12/30/13, effective 1/30/14
WSR 13-01-038, § 16-750-011, filed 12/12/12, effective 1/12/13
WSR 12-01-050, § 16-750-011, filed 12/15/11, effective 1/15/12
WSR 10-24-037, § 16-750-011, filed 11/22/10, effective 12/23/10
WSR 09-01-071, § 16-750-011, filed 12/15/08, effective 1/16/09
WSR 07-24-023, § 16-750-011, filed 11/28/07, effective 1/1/08
WSR 06-24-056, § 16-750-011, filed 12/4/06, effective 1/4/07
WSR 05-24-026, § 16-750-011, filed 11/30/05, effective 12/31/05
WSR 05-01-012, § 16-750-011, filed 12/2/04, effective 1/2/05. Statutory Authority: Chapter 17.10 RCW. WSR 04-13-014, § 16-750-011, filed 6/4/04, effective 7/5/04. Statutory Authority: Chapters 17.10 and 34.05 RCW. WSR 03-24-012, § 16-750-011, filed 11/20/03, effective 12/21/03
WSR 03-04-001, § 16-750-011, filed 1/22/03, effective 2/22/03. Statutory Authority: Chapter 17.10 RCW. WSR 01-24-035, § 16-750-011, filed 11/28/01, effective 12/29/01
WSR 00-24-017, § 16-750-011, filed 11/28/00, effective 1/2/01
WSR 99-24-029, § 16-750-011, filed 11/23/99, effective 1/3/00
WSR 98-24-026, § 16-750-011, filed 11/23/98, effective 1/2/99
WSR 97-24-051, § 16-750-011, filed 11/26/97, effective 1/2/98
WSR 97-06-108, § 16-750-011, filed 3/5/97, effective 4/5/97. Statutory Authority: RCW 17.10.080. WSR 96-06-030, § 16-750-011, filed 2/29/96, effective 3/31/96. Statutory Authority: Chapter 17.10 RCW. WSR 95-06-002, § 16-750-011, filed 2/16/95, effective 3/19/95
WSR 94-01-076, § 16-750-011, filed 12/10/93, effective 1/10/94
WSR 93-01-004, § 16-750-011, filed 12/2/92, effective 1/2/93
WSR 91-24-072, § 16-750-011, filed 12/2/91, effective 1/2/92
WSR 91-01-016, § 16-750-011, filed 12/7/90, effective 1/7/91
WSR 90-01-004, § 16-750-011, filed 12/7/89, effective 1/7/90
WSR 88-24-002 (Order 26, Resolution No. 26), § 16-750-011, filed 11/29/88
WSR 88-18-001 (Order 24, Resolution No. 24), § 16-750-011, filed 8/25/88. Statutory Authority: RCW 17.10.080. WSR 88-07-016 (Order 22, Resolution No. 22), § 16-750-011, filed 3/7/88.

Wash. Admin. Code § 16-750-015 State noxious weed list—Class C noxious weeds.

| Common Name | Scientific Name | | --- | --- | | absinth wormwood | Artemisia absinthium | | Austrian fieldcress | Rorippa austriaca | | babysbreath | Gypsophila paniculata | | beach grass, European, American, and hybrids | Ammophila arenaria, A. breviligulata, and A. arenaria x breviligulata | | black henbane | Hyoscyamus niger | | blackberry, evergreen | Rubus laciniatus | | blackberry, Himalayan | Rubus bifrons | | blackgrass | Alopecurus myosuroides | | black locust | Robinia pseudoacacia | | buffalobur | Solanum rostratum | | cereal rye | Secale cereale | | common barberry | Berberis vulgaris | | common catsear | Hypochaeris radicata | | common groundsel | Senecio vulgaris | | common holly | Ilex aquifolium, except where commercially grown | | common St. Johnswort | Hypericum perforatum | | common teasel | Dipsacus fullonum | | curly-leaf pondweed | Potamogeton crispus | | English hawthorn | Crataegus monogyna | | English ivy 4 cultivars only: | Hedera hibernica 'Hibernica' | | | Hedera helix 'Baltica' | | | Hedera helix 'Pittsburgh' | | | Hedera helix 'Star' | | Eurasian watermilfoil hybrid | Myriophyllum spicatum x M. sibiricum | | field bindweed | Convolvulus arvensis | | fragrant water lily | Nymphaea odorata | | green alkanet | Pentaglottis sempervirens | | hairy whitetop | Lepidium appelianum | | hoary cress | Lepidium draba | | Italian arum | Arum italicum | | Japanese eelgrass | Nanozostera japonica | | jointed goatgrass | Aegilops cylindrica | | jubata grass | Cortaderia jubata | | lawnweed | Soliva sessilis | | longspine sandbur | Cenchrus longispinus | | Medusahead | Taeniatherum caput-medusae | | nonnative cattail species and hybrids | Including, but not limited to, Typha angustifolia, T. domingensis and T. x glauca | | Norway maple | Acer platanoides | | old man's beard | Clematis vitalba | | oxeye daisy | Leucanthemum vulgare | | pampas grass | Cortaderia selloana | | perennial sowthistle | Sonchus arvensis ssp. arvensis | | reed canarygrass | Phalaris arundinacea | | Russian olive | Elaeagnus angustifolia | | scentless mayweed | Tripleurospermum inodorum | | smoothseed alfalfa dodder | Cuscuta approximata | | spikeweed | Centromadia pungens | | spiny cocklebur | Xanthium spinosum | | spotted jewelweed | Impatiens capensis | | Swainsonpea | Sphaerophysa salsula | | thistle, bull | Cirsium vulgare | | thistle, Canada | Cirsium arvense | | tree-of-heaven | Ailanthus altissima | | ventenata | Ventenata dubia | | white cockle | Silene latifolia | | wild carrot (except subs. sativus where grown commercially or for food) | Daucus carota | | yellow flag iris | Iris pseudacorus | | yellow toadflax | Linaria vulgaris |

History

Statutory Authority: Chapters 17.10 and 34.05 RCW. WSR 25-24-076, s 16-750-015, filed 12/1/25, effective 1/1/26
WSR 25-08-024, s 16-750-015, filed 3/25/25, effective 4/25/25
WSR 23-23-168, § 16-750-015, filed 11/21/23, effective 1/1/24
WSR 22-01-040, § 16-750-015, filed 12/7/21, effective 1/1/22
WSR 20-24-098, § 16-750-015, filed 11/30/20, effective 1/1/21
WSR 17-24-035, § 16-750-015, filed 11/29/17, effective 1/1/18
WSR 15-24-078, § 16-750-015, filed 11/30/15, effective 12/31/15
WSR 14-24-103, § 16-750-015, filed 12/2/14, effective 1/2/15
WSR 14-02-072, § 16-750-015, filed 12/30/13, effective 1/30/14
WSR 13-01-038, § 16-750-015, filed 12/12/12, effective 1/12/13
WSR 12-01-050, § 16-750-015, filed 12/15/11, effective 1/15/12
WSR 10-24-037, § 16-750-015, filed 11/22/10, effective 12/23/10
WSR 09-01-071, § 16-750-015, filed 12/15/08, effective 1/16/09
WSR 07-24-023, § 16-750-015, filed 11/28/07, effective 1/1/08
WSR 06-24-056, § 16-750-015, filed 12/4/06, effective 1/4/07
WSR 05-01-012, § 16-750-015, filed 12/2/04, effective 1/2/05. Statutory Authority: Chapter 17.10 RCW. WSR 04-13-014, § 16-750-015, filed 6/4/04, effective 7/5/04. Statutory Authority: Chapters 17.10 and 34.05 RCW. WSR 03-24-012, § 16-750-015, filed 11/20/03, effective 12/21/03
WSR 03-04-001, § 16-750-015, filed 1/22/03, effective 2/22/03. Statutory Authority: Chapter 17.10 RCW. WSR 01-24-035, § 16-750-015, filed 11/28/01, effective 12/29/01
WSR 00-24-017, § 16-750-015, filed 11/28/00, effective 1/2/01
WSR 99-24-029, § 16-750-015, filed 11/23/99, effective 1/3/00
WSR 98-24-026, § 16-750-015, filed 11/23/98, effective 1/2/99
WSR 97-06-108, § 16-750-015, filed 3/5/97, effective 4/5/97. Statutory Authority: RCW 17.10.080. WSR 96-06-030, § 16-750-015, filed 2/29/96, effective 3/31/96. Statutory Authority: Chapter 17.10 RCW. WSR 95-06-002, § 16-750-015, filed 2/16/95, effective 3/19/95
WSR 94-01-076, § 16-750-015, filed 12/10/93, effective 1/10/94
WSR 93-01-004, § 16-750-015, filed 12/2/92, effective 1/2/93
WSR 91-24-072, § 16-750-015, filed 12/2/91, effective 1/2/92
WSR 91-01-016, § 16-750-015, filed 12/7/90, effective 1/7/91
WSR 90-01-004, § 16-750-015, filed 12/7/89, effective 1/7/90
WSR 88-24-002 (Order 26, Resolution No. 26), § 16-750-015, filed 11/29/88. Statutory Authority: RCW 17.10.080. WSR 88-07-016 (Order 22, Resolution No. 22), § 16-750-015, filed 3/7/88.

Wash. Admin. Code § 16-750-020 Noxious weeds—Civil infractions—Schedule of monetary penalties.

Civil infractions under chapter 17.10 RCW shall be assessed a monetary penalty according to the following schedule:

(1) Any owner knowing of the existence of any noxious weeds on the owner's land who fails to control the noxious weeds may be assessed monetary penalties per parcel, per noxious weed species, per day after expiration of the notice to control filed pursuant to RCW 17.10.170 as follows:

(a) Any Class A noxious weed:

| 1st offense within five years | $ 750 | | --- | --- | | 2nd and any subsequent offense | 1,000 |

(b) Any Class B designate noxious weed in the noxious weed control region in which the land lies:

| 1st offense within five years | $ 500 | | --- | --- | | 2nd offense | 750 | | 3rd and any subsequent offense | 1,000 |

(c) Any Class B nondesignate noxious weed in the noxious weed control region in which the land lies; or any Class C noxious weed:

| 1st offense within five years | $ 250 | | --- | --- | | 2nd offense | 500 | | 3rd offense | 750 | | 4th and any subsequent offense | 1,000 |

(2) Any person who enters upon any land in violation of an order in force pursuant to RCW 17.10.210 will be assessed as follows:

| 1st offense within five years | $ 500 | | --- | --- | | 2nd offense | 750 | | 3rd and any subsequent offense | 1,000 |

(3) Any person who interferes with the carrying out of the provisions of chapter 17.10 RCW shall be assessed as follows:

| 1st offense within five years | $ 500 | | --- | --- | | 2nd offense | 750 | | 3rd and any subsequent offense | 1,000 |

History

Statutory Authority: Chapters 17.10 and 34.05 RCW. WSR 23-23-168, § 16-750-020, filed 11/21/23, effective 1/1/24. Statutory Authority: Chapter 17.10 RCW. WSR 99-24-029, § 16-750-020, filed 11/23/99, effective 1/3/00
WSR 97-06-108, § 16-750-020, filed 3/5/97, effective 4/5/97
WSR 93-01-004, § 16-750-020, filed 12/2/92, effective 1/2/93.

Wash. Admin. Code § 16-750-022 Noxious weed list—Listing process.

The noxious weed list is adopted annually by the Washington state noxious weed control board. The listing process is open to the public, and there are several opportunities for participation. The process of considering changes to the list begins with the board's noxious weed committee. The weed listing process consists of the following steps each year:

(1) The board accepts proposals to make additions, deletions, or changes to the weed list between January and the end of April.

(2) Starting in May, the committee reviews and evaluates the proposals and may conduct additional research including literature reviews, surveys of counties, discussions with other states, and field investigations during its deliberations, which continue into September.

(3) The board considers the committee's recommendations in September and votes on which proposed changes to include in a public hearing, typically held in November.

(4) The board solicits public comment at the public hearing and makes its final decisions on proposed changes to the weed list after considering the testimony received.

(5) The new revised noxious weed list comes into effect January 1st.

(6) Proposals to add new species to the weed list that were not adopted by the board will not be reconsidered for future listing unless additional information is provided, including additional data from scientific and/or noxious weed professional sources regarding any invasive and noxious qualities of the species, as well as existing positive economic benefits.

History

Statutory Authority: Chapters 17.10 and 34.05 RCW. WSR 23-23-168, § 16-750-022, filed 11/21/23, effective 1/1/24
WSR 12-01-050, § 16-750-022, filed 12/15/11, effective 1/15/12.

Wash. Admin. Code § 16-750-025 Plant monitor list—Purpose.

The purpose of the monitor list is to gather more information on suspect weeds as well as monitor for occurrence or spread. Information collected may be used to justify future inclusion on the state noxious weed list. There is no regulatory aspect to this list. Reasons for plant inclusion on the monitor list include:

(1) There is reason to believe the species is invasive or poses a potential threat to Washington.

(2) Additional information is needed on distribution, abundance, or biology.

(3) The species was once present in Washington and on the state noxious weed list. It is now being monitored for reoccurrence.

(4) There is need to verify existence (site investigation), verify identification, and/or obtain voucher specimen.

(5) It exists in an adjacent state or province or occurs on an adjacent state or province's noxious weed list and is not known to occur in Washington.

Native species of Washington will not be included on the monitor list. Each weed included on the monitor list will be included by vote of the noxious weed committee. A sponsor is required in order to place a weed on the monitor list. The current monitor list is kept in the state noxious weed board office.

A sponsor will be point of contact for their monitor species. A sponsor will house the data and information collected. A sponsor will make available information for their species to the WSNWCB.

History

Statutory Authority: Chapters 17.10 and 34.05 RCW. WSR 23-23-168, § 16-750-025, filed 11/21/23, effective 1/1/24. Statutory Authority: Chapter 17.10 RCW. WSR 99-24-029, § 16-750-025, filed 11/23/99, effective 1/3/00
WSR 93-01-004, § 16-750-025, filed 12/2/92, effective 1/2/93.

Wash. Admin. Code § 16-750-100 State noxious weed control board—Description—Purpose.

The board was created pursuant to chapter 17.10 RCW, Noxious weeds—Control boards. The board is a regulatory board with rule-making and administrative duties under chapter 17.10 RCW and an advisory board to the department regarding the state noxious weed program.

History

Statutory Authority: Chapters 17.10 and 34.05 RCW. WSR 23-23-168, § 16-750-100, filed 11/21/23, effective 1/1/24. Statutory Authority: Chapter 17.10 RCW. WSR 93-01-004, § 16-750-100, filed 12/2/92, effective 1/2/93.

Wash. Admin. Code § 16-750-105 State noxious weed control board—Powers—Duties—Responsibilities.

The powers and duties of the board include:

(1) Adopting rules defining the words "control," "contain," "eradicate," and the term "prevent the spread of noxious weeds";

(2) Conducting elections to the board, and adopting rules as set forth in this chapter establishing a position number for each elected position to the board and designating in which county noxious weed control board members are eligible to vote for each elected position;

(3) Electing officers, conducting meetings, holding hearings, appointing committees, entering upon any property to administer chapter 17.10 RCW, and adopting the necessary rules to carry out its powers and duties identified herein;

(4) When petitioned, holding a hearing in a county to determine the need for activation of the county noxious weed control board and, if such a need is found to exist, ordering the county legislative authority to activate and appoint members to such board;

(5) Each year or more often, adopting a state noxious weed list, classifying the weeds on the list, and entering written findings for the inclusion of each weed on the list;

(6) Sending a copy of the state noxious weed list to each activated county noxious weed control board, regional noxious weed control board, weed district, and each county legislative authority of each county with an inactivated noxious weed control board;

(7) When petitioned and following a hearing, ordering any county noxious weed board to include a noxious weed from the state list on the county board or district's weed list;

(8) Adopting a schedule of monetary penalties for each violation of chapter 17.10 RCW classified as a civil infraction and submitting the schedule to the appropriate courts;

(9) Employing an executive secretary whose qualifications, duties, and responsibilities are set forth in this chapter and RCW 17.10.070;

(10) Preparing and distributing a biennial written report showing the expenditure of state funds on noxious weed control; specifying how the funds were spent; the status of state, county, and district programs; recommending the continued best use of state funds; and recommending the long-term needs regarding weed control;

(11) Advising the director as provided for in chapter 17.10 RCW.

History

Statutory Authority: Chapter 17.10 RCW. WSR 99-24-029, § 16-750-105, filed 11/23/99, effective 1/3/00
WSR 93-01-004, § 16-750-105, filed 12/2/92, effective 1/2/93.

Wash. Admin. Code § 16-750-110 State noxious weed control board—Mission.

The mission of the board is to serve as responsible stewards of Washington by protecting and preserving the land and resources from the degrading impact of noxious weeds.

The board believes that prevention is the best approach and may be achieved through full implementation of the intent of the state noxious weed law. To further that, the board strives for enhanced public awareness through improved educational efforts.

The board does not deal directly in control activities but rather works to achieve this end through others. For that reason, the board seeks to improve communication, gain cooperation, and improve coordination of the efforts for noxious weed control.

The board believes noxious weed control is best carried out by strong, adequately funded programs at the local level. To achieve this, the board strives to build public support for local programs and to empower those programs to be more successful.

History

Statutory Authority: Chapter 17.10 RCW. WSR 98-24-026, § 16-750-110, filed 11/23/98, effective 1/2/99
WSR 93-01-004, § 16-750-110, filed 12/2/92, effective 1/2/93.

Wash. Admin. Code § 16-750-115 State noxious weed control board—Membership.

The board is comprised of nine voting members and three nonvoting members selected as follows:

(1) Four of the members are elected by the members of activated county noxious weed control boards eligible to vote for the elected position established by the state noxious weed board. Two members are elected from the west side of the state, the crest of the Cascades being the dividing line, and two from the east side of the state.

(2) The director is a voting member or the director's appointed representative.

(3) One member is elected by the directors of activated weed districts formed under chapter 17.04 or 17.06 RCW.

(4) The Washington state association of counties appoints one voting member who must be a member of a county legislative authority.

(5) The director appoints two voting members to represent the public interest, one from the west side and one from the east side of the state.

(6) The director appoints three nonvoting members representing scientific disciplines relating to weed control.

(7) A statewide association representing county noxious weed coordinators appoints a nonvoting technical advisor.

History

Statutory Authority: Chapters 17.10 and 34.05 RCW. WSR 23-23-168, § 16-750-115, filed 11/21/23, effective 1/1/24. Statutory Authority: Chapter 17.10 RCW. WSR 99-24-029, § 16-750-115, filed 11/23/99, effective 1/3/00
WSR 93-01-004, § 16-750-115, filed 12/2/92, effective 1/2/93.

Wash. Admin. Code § 16-750-120 State noxious weed control board—Nominations—Elections—Terms of office—Vacancies.

(1) Nominations and elections to board positions are conducted by regular mail.

(2) The board calls for nominations to elected positions at least 60 days prior to expiration of position terms.

(3) The board sends ballots to eligible activated county noxious weed control boards or weed district directors by regular mail at least 45 days prior to expiration of each position term.

(4) Ballots must be returned no later than 30 days before expiration of each term. Only official ballots will be accepted. Photocopied ballots will be considered invalid.

(5) The board chairperson appoints a committee to count ballots and certify elections at least 30 days prior to expiration of each term.

(6) Results of elections are announced prior to the next scheduled board meeting.

(7) For the purpose of conducting nominations or elections, the board uses the current list of county noxious weed control board voting members and weed district directors.

(8) Any person who is a resident in and member of an activated county noxious weed control board in the counties represented by positions 1, 2, 3, and 4 may enter their name, or that of any qualified person in nomination for election to the board position by voting members of the above activated county noxious weed control boards.

(9) Any director of an active weed district formed under chapter 17.04 or 17.06 RCW may enter a name in nomination for election to position 5 on the board.

(10) Each candidate or each person nominating such candidate must complete a certificate of nomination, and must return it to the board postmarked by the date specified.

(11) The board creates a ballot listing the names in alphabetical order beginning with the last name first, of the candidates nominated to the position of the board: Provided, That the board shall remove the name of any person nominated who notifies the board in writing that they are unwilling to serve on the board.

(12) The ballot, along with the statement, if any, of each candidate in the election will be mailed by regular mail to each voting member of an activated county noxious weed control board or director of an active weed district. Only county board members or weed district directors within the established position area are eligible to vote for the board member to represent that area.

(13) Each voting member of an activated county noxious weed control board or director of an activated weed district may cast one vote for the candidates appearing on the appropriate ballot and return it to the board as provided above and as per the dates specified.

(14) The candidate receiving the highest number of votes is elected: Provided, That if the candidate fails to receive more than 50 percent of the votes cast in an election, a second election will be held between such candidate and the candidate receiving the next highest votes and: Provided further, That if there is only one candidate, that candidate will be deemed elected unanimously.

(15) The term of office for all members of the board is four years from the date of election or appointment.

(16) Vacancies among board members appointed by the director will be filled by the director. Vacancies among elected members will be filled by special election by those entities eligible to elect that position for the expired term. Special elections follow the same procedure as regular elections and repeated as needed until position is filled. Board members appointed to fill vacancies will serve out the existing term.

History

Statutory Authority: Chapters 17.10 and 34.05 RCW. WSR 24-23-085, s 16-750-120, filed 11/19/24, effective 1/1/25
WSR 23-23-168, § 16-750-120, filed 11/21/23, effective 1/1/24. Statutory Authority: Chapter 17.10 RCW. WSR 99-24-029, § 16-750-120, filed 11/23/99, effective 1/3/00
WSR 93-01-004, § 16-750-120, filed 12/2/92, effective 1/2/93.

Wash. Admin. Code § 16-750-125 State noxious weed control board position numbers—Eligibility for voting.

Position numbers for elected members of the board and those eligible to vote for each position are as follows:

| position | | voting eligibility | | --- | --- | --- | | (1) Westside, southern tier | (a) | Voting members of activated county noxious weed control boards in Grays Harbor, Mason, Thurston, Pierce, Lewis, Pacific, Wahkiakum, Cowlitz, Skamania, and Clark counties. | | (2) Eastside, southern tier | (a) | Voting members of activated county noxious weed control boards in Adams, Whitman, Asotin, Garfield, Columbia, Walla Walla, Franklin, Benton, Klickitat, and Yakima counties. | | (3) Westside, northern tier | (a) | Voting members of activated county noxious weed control boards in Whatcom, Skagit, San Juan, Island, Snohomish, King, Kitsap, Clallam, and Jefferson counties. | | (4) Eastside, northern tier | (a) | Voting members of activated county noxious weed control boards in Okanogan, Ferry, Stevens, Pend Oreille, Spokane, Lincoln, Grant, Kittitas, Chelan, and Douglas counties. | | (5) Weed districts | (a) | Directors of activated weed districts in Washington. |

History

Statutory Authority: Chapter 17.10 RCW. WSR 93-01-004, § 16-750-125, filed 12/2/92, effective 1/2/93.

Wash. Admin. Code § 16-750-130 State noxious weed control board—Organization.

The organization of the board is as follows:

(1) The officers of the board are the chairperson, vice chairperson, and secretary. The title of the chief administrative officer is the executive secretary.

(2) Duties of officers.

(a) The chairperson presides at all meetings of the board, has the power to appoint committees, acts as ex officio member of all committees except the executive committee, serves as chairperson of the executive committee, serves as official signer of agreements between the board and public or private agencies, and performs such other duties as pertain to the office.

(b) The vice chairperson performs the duties of the chairperson in the chairperson's absence, acts as an ex officio member of all committees, and any other duties delegated by the chairperson. The vice chairperson will assume the duties of and serve out the term of the chairperson upon permanent departure of the chairperson.

(c) The secretary is the official keeper of the minutes and, approves them, and presents them to the board for adoption. In the absence of the chairperson and vice chairperson, the secretary performs the duties of the chairperson.

(d) The duties of the executive secretary, in addition to administrative duties assigned elsewhere in this chapter, are to keep a record of the proceedings of the board, notify all board members, county noxious weed control boards, and weed districts of meetings, act as an ex officio nonvoting member of all committees, negotiate agreements with public and private agencies on behalf of the board, and perform other responsibilities as delegated by the chairperson.

(3) Term of office. Term of office for officers of the board is two years following elections held at the first board meeting in January and ending at the January meeting of the second year.

(4) Election of officers. Elections will be held every two years at the January meeting of the first year. Officers are elected by a majority vote of the voting members present.

(5) Vacancies of officers other than chairperson, shall be filled for the remainder of the term, by election of the voting board members present.

History

Statutory Authority: Chapters 17.10 and 34.05 RCW. WSR 24-23-085, s 16-750-130, filed 11/19/24, effective 1/1/25
WSR 23-23-168, § 16-750-130, filed 11/21/23, effective 1/1/24
WSR 14-24-103, § 16-750-130, filed 12/2/14, effective 1/2/15
WSR 12-01-050, § 16-750-130, filed 12/15/11, effective 1/15/12. Statutory Authority: Chapter 17.10 RCW. WSR 99-24-029, § 16-750-130, filed 11/23/99, effective 1/3/00
WSR 97-06-108, § 16-750-130, filed 3/5/97, effective 4/5/97
WSR 93-01-004, § 16-750-130, filed 12/2/92, effective 1/2/93.

Wash. Admin. Code § 16-750-135 State noxious weed control board—Meetings.

(1) All meetings of the board are open and public and all persons are permitted to attend any meeting of the board, except as otherwise provided in the Open Public Meetings Act, chapter 42.30 RCW.

(2) Members of the public are not required, as a condition to attendance at a board meeting, to register names, other information, or otherwise to fulfill any condition prior to attending.

(3) Interruptions. In the event that any meeting is interrupted by any person as to render the orderly conduct of the meeting unfeasible, and order cannot be restored by the removal of individuals who are interrupting the meeting, the chairperson may order the meeting room cleared and continue in session or may adjourn the meeting and reconvene at another location selected by a majority vote of the board members present. In such a session, the board will follow the procedures set forth in the Open Public Meetings Act (RCW 42.30.050).

(4) Adoption of rules, regulations, resolution, etc. The board shall not adopt any rules, regulations, resolution, etc. except in a meeting open to the public and then only at a meeting, the date of which is fixed by rule, or at a meeting of which notice has been given according to the provisions of the Open Public Meetings Act. Any action taken at meetings failing to comply with this section is null and void.

(5) Regular meetings—Schedule—Publication in State Register—Notice of change. The board will meet at least five times per year and at other times determined by the chairperson or by a majority of the voting members. If any regular meeting falls on a holiday, the meeting will be held on the next business day. The executive secretary files with the code reviser a schedule of the time and place of regular meetings on or before January of each year for publication in the Washington State Register. Notice of any change from this meeting schedule will be published in the State Register for distribution at least 20 days prior to the rescheduled meeting date.

(6) Notice. Each board member, county noxious weed control board, and weed district will be notified of public meetings and provided an agenda within 10 days.

(7) Special meetings. The 10-day notice may be waived for special meetings which may be called at any time by the chairperson, director, or a majority of the voting board members. Special meeting notification shall follow the procedures for special meetings set forth in the Open Public Meetings Act (RCW 42.30.080).

(8) Adjournments. If a meeting is adjourned before the advertised time, a written notice will be posted at the meeting place that specifies when the meeting was adjourned.

(9) Executive sessions.

(a) The board may hold an executive session during a regular meeting which may be called by the chairperson or a majority of voting board members present. No official actions will be taken at executive sessions. Executive sessions may deal only with matters authorized by RCW 42.30.110.

(b) Before convening in executive session, the chairperson shall publicly announce the purpose of excluding the public from the meeting place and the time when the executive session will be concluded. The executive session may be extended to a later time by announcement of the chairperson.

(10) Agenda. The agenda will be prepared by the executive secretary in consultation with the chairperson. Items may be submitted by all board members to the executive secretary at least 15 days prior to the board meeting.

(11) Attendance. Each board member is expected to attend all board and assigned committee meetings. In the event a board member is unable to attend, they are requested to provide the chairperson or executive secretary with the reasons for the absence prior to the meeting. Any voting member who misses two consecutive board meetings without providing the chairperson or the executive secretary with the reasons for the absences prior to the meeting may be removed from the board, following due notice and a hearing. Removal procedures may be initiated by a quorum vote of the board.

(12) Voting procedures. Board voting procedures on all matters are as follows:

(a) Five voting members constitute a quorum to conduct the affairs of the board.

(b) The chairperson may vote on all matters coming before the board.

(d) All members have the right to move or second motions.

(e) Proxy voting is not permitted.

(13) Minutes. The minutes of all regular and special meetings, except executive sessions, will be promptly recorded and such records are open to public inspection.

(14) Press releases. All press releases and official information concerning board activities will be released from the board office.

(15) Public participation.

(a) Any person wishing to make a formal presentation at a regularly scheduled meeting of the board must notify the executive secretary of the subject matter at least 15 days before the meeting.

(b) Permission to appear before the board will be granted by the executive secretary in consultation with the chairperson before the meeting. Permission includes the date and time of the meeting and the time set for formal presentation.

(c) The chairperson may, at their discretion, recognize anyone in the audience who indicates at the time of the meeting a desire to speak.

History

Statutory Authority: Chapters 17.10 and 34.05 RCW. WSR 24-23-085, s 16-750-135, filed 11/19/24, effective 1/1/25
WSR 23-23-168, § 16-750-135, filed 11/21/23, effective 1/1/24
WSR 09-01-071, § 16-750-135, filed 12/15/08, effective 1/16/09. Statutory Authority: Chapter 17.10 RCW. WSR 99-24-029, § 16-750-135, filed 11/23/99, effective 1/3/00
WSR 93-01-004, § 16-750-135, filed 12/2/92, effective 1/2/93.

Wash. Admin. Code § 16-750-137 State noxious weed control board—Conflict of interest.

(1) When a member of the board is beneficially interested, directly or indirectly, in a contract, sale, lease, purchase or grant that may be made by, through, or is under the supervision of the SNWCB, in whole or in part, or when the member accepts, directly or indirectly, any compensation, gratuity, or reward from any other person beneficially interested in such contract, sale, lease, purchase or grant, the member shall:

(a) Recuse themselves from the board discussion regarding the specific contract, sale, lease, purchase or grant;

(b) Recuse themselves from the board vote on the specific contract, sale, lease, purchase or grant; and

(c) Refrain from attempting to influence the remaining SNWCB members in their discussion and vote regarding the specific contract, sale, lease, purchase or grant.

(2) When a board member has an interest, financial or otherwise, direct or indirect, or has engaged in a business or transaction or professional activity, or has incurred an obligation of any nature, that is in conflict with the proper discharge of that board member's official duties, including the adoption of the state noxious weed list, the member shall:

(a) Recuse themselves from the board discussion regarding the decision implicated by the board member's conflict of interest;

(b) Recuse themselves from the board vote on the decision implicated by the board member's conflict of interest; and

(c) Refrain from attempting to influence the remaining SNWCB members in their discussion and vote regarding the decision implicated by the board member's conflict of interest.

(3) Under subsection (2) of this section, a board member has an interest that is in conflict with the proper discharge of their duties when the interest substantially impairs their ability to perform their duties as a board member in an objective and nonbiased manner. For example, a board member has such a conflict of interest where that board member is engaged in, or has a beneficial interest in an entity that is engaged in, the commercial production of a species that is being considered for addition on the state noxious weed list.

(4) The prohibition against discussion set forth in subsections (1)(a) and (c), (2)(a) and (c) of this section shall not prohibit the member of the SNWCB from using their general expertise to educate and provide general information on the subject area to the other members.

(5) If recusal occurs pursuant to subsection (1) or (2) of this section, the member of the SNWCB shall disclose to the public the reasons for their recusal from any board action whenever recusal occurs. The SNWCB staff shall record each recusal and the basis for the recusal.

(6) Under subsection (1) of this section, "any other person" has a beneficial interest in a contract, sale, lease, purchase or grant when the other person bids or otherwise seeks to be awarded the contract, sale, lease, purchase or grant.

History

Statutory Authority: Chapters 17.10 and 34.05 RCW. WSR 24-23-085, s 16-750-137, filed 11/19/24, effective 1/1/25
WSR 23-23-168, § 16-750-137, filed 11/21/23, effective 1/1/24.

Wash. Admin. Code § 16-750-140 State noxious weed control board—Committees.

Standing committees shall fairly reflect the composition of the board and unless advertised and open to the public, not more than four voting members may attend a committee meeting.

(1) Executive committee. An executive committee is authorized to make recommendations regarding housekeeping and personnel matters, subject to board approval at the next scheduled board meeting. The chairperson appoints the executive committee with approval of the board.

(2) Standing committees. The standing committees of the board are: Budget, executive, legislative, noxious weed, and education. The board chairperson appoints the chairperson and other members of each committee.

(3) Ad-hoc committees may be appointed from time to time.

(4) Committee voting procedures.

(a) All members of a particular committee have the right to vote. Other members in attendance may enter into discussion, but shall have no vote.

(b) Proxy voting is not permitted.

(5) Advisory committees. Advisory committees are established by the board as deemed necessary to the functioning of the board. Advisory committees are limited in their scope to the purposes determined by the board.

(6) Notice. Notice of committee meetings shall be given to the executive secretary.

(7) Committee recommendations.

(a) Committee recommendations are submitted to the board except when committees meet in conjunction with the board.

(b) Minority reports may be submitted by members of a committee, if signed by those members.

(8) Committee compensation. Board members attending meetings of committees will, upon request, be reimbursed on the same basis as for attendance at regularly called board meetings.

(9) All committee appointments will be reviewed in January of even-numbered years.

History

Statutory Authority: Chapters 17.10 and 34.05 RCW. WSR 23-23-168, § 16-750-140, filed 11/21/23, effective 1/1/24
WSR 19-24-052, § 16-750-140, filed 11/26/19, effective 1/1/20
WSR 12-01-050, § 16-750-140, filed 12/15/11, effective 1/15/12. Statutory Authority: Chapter 17.10 RCW. WSR 99-24-029, § 16-750-140, filed 11/23/99, effective 1/3/00
WSR 93-01-004, § 16-750-140, filed 12/2/92, effective 1/2/93.

Wash. Admin. Code § 16-750-142 State noxious weed control board—Executive secretary and education specialist—Hiring and dismissal.

The board has the responsibility for hiring and removing from office the executive secretary and education specialist. The executive secretary is an exempt employee. The executive secretary or education specialist may be dismissed by a majority vote of the full board upon the recommendation of the chairperson and the executive committee. Prior to initiating a dismissal the executive committee will notify the department. Neglect of duty, gross inefficiency, gross incompetence, gross misconduct, malfeasance or willful violation of obligations may give cause for a recommendation for dismissal or dismissal. Before any action is taken by the board to dismiss the executive secretary or education specialist, the chairperson and one member of the executive committee will confer with the employee and provide in writing and fully explain the charges and contemplated recommendation for dismissal. The privilege of a hearing before the executive committee or full board will be granted to the employee prior to any formal action taken by the board. The employee is granted 30 days preparation time for the hearing and is entitled to present evidence, to be assisted by favorable witnesses, and to confront unfavorable witnesses at the hearing.

History

Statutory Authority: Chapters 17.10 and 34.05 RCW. WSR 23-23-168, § 16-750-142, filed 11/21/23, effective 1/1/24
WSR 19-24-052, § 16-750-142, filed 11/26/19, effective 1/1/20.

Wash. Admin. Code § 16-750-145 State noxious weed control board—Executive secretary—Definition.

The executive secretary acts as the chief administrative officer for the board, duties of whom are fixed by the board which include, but are not limited to, as follows:

(1) Implements and administers the statutes, administrative rules, and policies of the noxious weed control program assigned to the board;

(2) Plans, develops, and prepares administrative rules and policies for the state noxious weed control program in conjunction with the board and the department; arranges public hearings in compliance with the Administrative Procedure Act and acts as chief hearing officer for the board; conducts elections for positions on the board;

(3) Coordinates board activities with the department, maintains a liaison and performs coordinating activities with other public and private agencies;

(4) Negotiates agreements, with consultation and approval of the board, with federal agencies, tribes, and other public and private agencies;

(5) Represents the board before the state legislature; coordinates the development, edits, and oversees the production of the biennial report to the county noxious weed boards and weed districts on how state funds were spent and recommendations for the continued best use of state funds for noxious weed control;

(6) Acts as the principal spokesperson of the board to the media, technical audiences, and the public;

(7) Provides technical advice to county noxious weed boards and weed districts on the state noxious weed law and related rules;

(8) Plans and coordinates statewide approaches to selected noxious weeds, assists in the development of statewide noxious weed survey standards, coordinates efforts with department weed specialists;

(9) Coordinates the activities of the board by scheduling all regular and committee meetings; in consultation with the chair, prepares meeting agendas; prepares all board correspondence; updates board on local, state, and federal noxious weed activities; acts as an ex officio, nonvoting member of all committees;

(10) Ensures that the official records of the board are recorded and ensures their distribution; maintains all board records, acts as public records officer;

(11) Oversees fiscal management of the board's administrative budget and cooperates with the department in budget development;

(12) Supervises additional board employees, approves hiring, rehiring, promotion, and termination of additional board employees and ensures these processes and any disciplinary actions comply with state and department personnel policies; notifies board and department prior to initiating an adverse personnel action against any employee;

(13) Performs other assignments as determined by the board.

History

Statutory Authority: Chapters 17.10 and 34.05 RCW. WSR 23-23-168, § 16-750-145, filed 11/21/23, effective 1/1/24
WSR 19-24-052, § 16-750-145, filed 11/26/19, effective 1/1/20. Statutory Authority: Chapter 17.10 RCW. WSR 99-24-029, § 16-750-145, filed 11/23/99, effective 1/3/00
WSR 93-01-004, § 16-750-145, filed 12/2/92, effective 1/2/93.

Wash. Admin. Code § 16-750-146 State noxious weed control board—Education specialist—Definition.

The education specialist duties whom are fixed by the board which include, but are not limited to, as follows:

(1) Supports and assists the educational and weed control efforts of county and regional noxious weed control boards and weed districts;

(2) Plans, prepares, and presents programs on noxious weed control, specific weed species, and the role of the board;

(3) Maintains a collection of scientific and technical information relating to noxious weeds and integrated vegetation management; prepares written findings for the inclusion of species on the state noxious weed list;

(4) Develops, maintains, and ensures dissemination of information relating to noxious weeds to county noxious weed control boards and weed districts and keeps the general public and program participants informed of board activities and accomplishments;

(5) Acts as an ex officio, nonvoting member of the education committee;

(6) Performs other assignments as determined by the board and/or executive secretary.

History

Statutory Authority: Chapters 17.10 and 34.05 RCW. WSR 23-23-168, § 16-750-146, filed 11/21/23, effective 1/1/24
WSR 19-24-052, § 16-750-146, filed 11/26/19, effective 1/1/20.

Wash. Admin. Code § 16-750-155 State noxious weed control board—Exchange time.

The board shall provide exchange time in lieu of overtime pay to its employees for hours worked in excess of forty hours per week. The time shall accrue on an hour-for-hour basis. Exchange time has no cash value.

History

Statutory Authority: Chapter 17.10 RCW. WSR 99-24-029, § 16-750-155, filed 11/23/99, effective 1/3/00
WSR 93-01-004, § 16-750-155, filed 12/2/92, effective 1/2/93.

Wash. Admin. Code § 16-750-160 State noxious weed control board—Antidiscrimination clause.

No person shall be denied participation in any phase of the board's program activities because of race, color, religion, sex, marital status, national origin, age, physical, sensory, or mental handicap, or sexual orientation. This nondiscrimination shall extend to employment by the board including retirement, selection, hiring, promotion, benefits, and dismissal.

History

Statutory Authority: Chapter 17.10 RCW. WSR 93-01-004, § 16-750-160, filed 12/2/92, effective 1/2/93.

Wash. Admin. Code § 16-750-165 State noxious weed control board—Budget and finances.

(1) All board funds must be expended in a manner consistent with board wishes. The executive secretary is authorized to make these expenditures as appropriate. All matters related to payment of compensation and other expenses of the board are subject to the State Budget and Accounting Act (chapter 43.88 RCW).

(2) Budget approval. The executive secretary prepares the biennial budget after consulting the budget committee. The budget will provide for costs associated with salary, personal benefits, travel, equipment, and goods and services for the operation of the board. A budget is reviewed by the board for recommendation to the department and office of financial management for approval.

(3) The board reserves the right to pursue additional funds for its administrative budget independent of the department.

History

Statutory Authority: Chapters 17.10 and 34.05 RCW. WSR 23-23-168, § 16-750-165, filed 11/21/23, effective 1/1/24. Statutory Authority: Chapter 17.10 RCW. WSR 99-24-029, § 16-750-165, filed 11/23/99, effective 1/3/00
WSR 93-01-004, § 16-750-165, filed 12/2/92, effective 1/2/93.

Wash. Admin. Code § 16-750-170 State noxious weed control board—Legal counsel.

On an as needed basis, a member of the attorney general's staff will serve as legal counsel for the board.

History

Statutory Authority: Chapter 17.10 RCW. WSR 93-01-004, § 16-750-170, filed 12/2/92, effective 1/2/93.

Wash. Admin. Code § 16-750-180 State noxious weed control board—Rules of order.

Robert's Rules of Order newly revised shall serve as parliamentary authority for procedures not covered in these rules.

History

Statutory Authority: Chapter 17.10 RCW. WSR 93-01-004, § 16-750-180, filed 12/2/92, effective 1/2/93.

Wash. Admin. Code § 16-750-185 State noxious weed control board—Access to public records and documents.

(1) In accordance with the Public Records Disclosure Act of Washington, the board shall make available for public inspection and copying all public records, unless the record falls within the specific exemptions of RCW 42.17.260(6), 42.17.310, 42.17.315, or other statute which exempts or prohibits disclosure of specific information or records.

(2) The provisions of chapter 42.17 RCW shall be liberally construed to promote full access to public records so as to assure continuing public confidence and to assure the public interest will be fully protected.

(3) Place and times for inspection and copying. The executive secretary will make public records available for inspection upon request.

(4) Charges for copying. No fee shall be charged for the inspection of public records. The executive secretary may impose a reasonable charge for providing copies of public records and for the use by any person of agency equipment to copy public records, which charges shall not exceed the amount necessary to reimburse the board for its actual costs incident to such copying.

(5) Responses to requests. Responses to requests for public records shall be made promptly. Within five business days of receiving a public record request the board will respond as follows:

(a) With the record requested;

(b) Acknowledgment of the request and a reasonable estimate of the time it will take to provide the requested records or documents;

Denials of requests will be accompanied by a written statement of the specific reasons the request is being denied and shall have received a prompt review and final determination by the board's executive committee. Additional time may be required to respond to a request due to time needed to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt. In acknowledging receipt of a public record request that is unclear, the executive secretary may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the board will not respond to it.

History

Statutory Authority: Chapter 17.10 RCW. WSR 99-24-029, § 16-750-185, filed 11/23/99, effective 1/3/00
WSR 93-01-004, § 16-750-185, filed 12/2/92, effective 1/2/93.

Chapter 16-752 Noxious weed seed and plant quarantine.

Wash. Admin. Code § 16-752-600 Establishing the noxious weed seed and plant quarantine.

Washington agriculture, environmental quality and natural resources, including waters and wetlands, are threatened by nonnative, aggressive species of noxious weeds. A number of these noxious weeds are transported and sold within the state of Washington both as nursery plants and as seeds in packets of flower seeds or "wildflower mixes." Subsequent "escape" of these ornamentals has been a documented source of a number of infestations and has resulted in large public and private expenditures by landowners and land managers, weed boards, and weed districts and the department of agriculture to achieve the control mandated in chapter 17.10 RCW. The director of agriculture, pursuant to the powers provided in chapters 17.10 and 17.24 RCW, finds that regulation of the sale of these seed packets and plants as "regulated articles" is necessary to protect Washington agriculture and natural resources and to prevent public and private costs of control.

History

Statutory Authority: RCW 17.10.074, 17.24.011, 17.24.041, and chapter 34.05 RCW. WSR 16-14-003, § 16-752-600, filed 6/23/16, effective 7/24/16
WSR 14-07-040, § 16-752-600, filed 3/12/14, effective 4/12/14. Statutory Authority: Chapters 17.24, 17.10 RCW. WSR 00-24-021, § 16-752-600, filed 11/28/00, effective 12/29/00
WSR 92-07-025, § 16-752-600, filed 3/10/92, effective 4/10/92.

Wash. Admin. Code § 16-752-605 Quarantine area.

The area under the noxious weed seed and plant quarantine for regulated articles includes all counties within the state of Washington and all states, territories, and districts of the United States.

History

Statutory Authority: RCW 17.10.074, 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 14-07-040, § 16-752-605, filed 3/12/14, effective 4/12/14. Statutory Authority: Chapters 17.10 and 17.24 RCW. WSR 92-07-025, § 16-752-605, filed 3/10/92, effective 4/10/92.

Wash. Admin. Code § 16-752-610 Regulated articles.

All plants, plant parts, and seeds in packets, blends, and "wildflower mixes" of the following listed species are designated as regulated articles under the terms of this noxious weed seed and plant quarantine. This list is comprised of the most recent and accepted scientific and common names of the quarantine plant species. Regulated status also applies to all synonyms of these botanical names and interspecies hybrids if both parents are regulated species:

| Scientific Name | Common Names | | --- | --- | | Abutilon theophrasti | velvetleaf | | Ailanthus altissima | tree-of-heaven | | Alhagi maurorum | camelthorn | | Alliaria petiolata | garlic mustard | | Amaranthus palmeri | Palmer's amaranth | | Amorpha fruticosa | indigobush, lead plant | | Anchusa officinalis | common bugloss, alkanet, anchusa | | Anthriscus sylvestris | wild chervil | | Aponogeton distachyos | cape pondweed | | Arum italicum | Italian arum | | Arundo donax (except variegated cultivars) | giant reed | | Bassia scoparia (syn. Kochia scoparia) | kochia, summer-cyprus, burning-bush, fireball, Mexican fireweed | | Berteroa incana | hoary alyssum | | Brachypodium sylvaticum | false brome | | Buddleia davidii (except accepted sterile cultivars) | butterfly bush | | Butomus umbellatus | flowering rush | | Cabomba caroliniana | fanwort | | Carduus acanthoides | plumeless thistle | | Carduus cinereus | Turkish thistle | | Carduus nutans | musk thistle, nodding thistle | | Carduus pycnocephalus | Italian thistle | | Carduus tenuiflorus | slenderflower thistle | | Carex pendula, Carex pendula subsp. pedula and Carex pendula subsp. Agastachys | hanging sedge | | Centaurea calcitrapa | purple starthistle | | Centaurea diffusa | diffuse knapweed | | Centaurea jacea | brown knapweed, rayed knapweed, brown centaury horse-knobs, hardheads | | Centaurea macrocephala | bighead knapweed | | Centaurea nigra | black knapweed | | Centaurea nigrescens | Vochin knapweed | | Centaurea stoebe | spotted knapweed | | Centaurea x gerstlaueri (syn. Centaurea jacea x nigra) | meadow knapweed | | Chaenorhinum minus | dwarf snapdragon | | Chaerophyllum temulum | rough chervil | | Clematis orientalis | oriental clematis | | Clinopodium vulgare | wild basil/basil savory | | Conium maculatum | poison hemlock | | Crassula helmsii | Australian swamp stonecrop | | Crupina vulgaris | common crupina | | Cynoglossum officinale | houndstongue | | Cyperus esculentus | yellow nutsedge | | Cyperus rotundus | purple nutsedge | | Cytisus scoparius | Scotch broom | | Daphne laureola | spurge laurel | | Daucus carota (except for subsp. sativus) | wild carrot, Queen Anne's lace | | Echium vulgare | blueweed, blue thistle, blue devil, viper's bugloss, snake flower | | Egeria densa | Brazilian elodea | | Epilobium hirsutum | hairy willow herb | | Euphorbia myrsinites | myrtle spurge | | Euphorbia oblongata | eggleaf spurge | | Euphorbia virgate (syn. Euphorbia esula) | leafy spurge | | Fallopia japonica | Japanese knotweed | | Fallopia sachalinensis | giant knotweed | | Fallopia x bohemica | Bohemian knotweed | | Ficaria verna | lesser celandine | | Foeniculum vulgare (except bulbing fennel, F. vulgare var. azoricum) | common fennel | | Galega officinalis | goatsrue | | Genista monspessulana | French broom | | Geranium lucidum | shiny geranium | | Geranium robertianum | herb-Robert | | Glossostigma diandrum | mud mat | | Glyceria maxima | reed sweetgrass, tall manna grass | | Gymnocoronis spilanthoides | Senegal tea plant | | Hedera helix | common (English) ivy | | Hedera hibernica | Atlantic ivy | | Helianthus ciliaris | Texas blueweed | | Heracleum mantegazzianum | giant hogweed, giant cow parsnip | | Hibiscus trionum | Venice mallow, flower-of-an-hour, bladder ketmia, modesty, shoo-fly | | Hieracium spp. All nonnative species and hybrids | nonnative hawkweeds | | Hydrilla verticillata | hydrilla | | Hydrocharis morsus-ranae | European frog-bit | | Impatiens capensis | spotted touch-me-not | | Impatiens glandulifera | policeman's helmet | | Impatiens parviflora | small-flowered jewelweed | | Iris pseudacorus | yellow flag iris | | Isatis tinctoria | dyers' woad | | Jacobaea vulgaris (syn. Senecio jacobaea) | tansy ragwort | | Lagarosiphon major | African elodea | | Lamiastrum galeobdolon | yellow archangel | | Lepidium latifolium | perennial pepperweed | | Leucanthemum vulgare | oxeye daisy, white daisy, whiteweed, field daisy, marguerite, poorland flower | | Limnobium laevigatum | South American spongeplant | | Limnobium spongia | American spongeplant | | Linaria dalmatica spp. dalmatica | Dalmatian toadflax | | Ludwigia hexapetala | water primrose | | Ludwigia peploides | floating primrose-willow | | Lycopsis arvensis | annual bugloss | | Lysimachia vulgaris | garden loosestrife | | Lythrum salicaria | purple loosestrife | | Lythrum virgatum | wand loosestrife | | Marsilea mutica | Australian water clover | | Mirabilis nyctaginea | wild four o'clock, umbrella-wort | | Murdannia keisak | marsh dew flower, Asian spiderwort | | Myriophyllum aquaticum | parrotfeather | | Myriophyllum heterophyllum | variable-leaf milfoil | | Myriophyllum spicatum | Eurasian watermilfoil | | Najas minor | slender-leaved naiad, brittle naiad | | Nymphoides peltata | yellow floating heart | | Onopordum acanthium | Scotch thistle | | Pentaglottis sempervirens | green alkanet | | Persicaria wallichii (syn. Polygonum polystachyum) | Himalayan knotweed | | Potentilla recta | sulfur cinquefoil | | Proboscidea louisianica | unicorn-plant | | Pueraria montana var. lobata | kudzu | | Rhaponticum repens | Russian knapweed | | Sagittaria graminea | grass-leaved arrowhead | | Sagittaria platyphylla | delta arrowhead | | Salvia aethiopis | Mediterranean sage | | Salvia pratensis | meadow clary | | Salvia sclarea | clary sage | | Schoenoplectus mucronatus | ricefield bulrush | | Silybum marianum | milk thistle | | Solanum elaeagnifolium | silverleaf nightshade | | Solanum rostratum | buffaloburr | | Soliva sessilis | lawnweed | | Sorghum halepense | johnsongrass | | Spartina alterniflora | smooth cordgrass | | Spartina anglica | common cordgrass | | Spartina densiflora | dense-flowered cordgrass | | Spartina patens | salt meadow cordgrass | | Spartium junceum | Spanish broom | | Stratiotes aloides | water soldier | | Tamarix ramosissima | saltcedar | | Thymelaea passerina | spurge flax | | Torilis arvensis | hedgeparsley | | Trapa natans | water chestnut, bull nut | | Trapa bicornus | water caltrap, devil's pod, bat nut | | Tribulus terrestris | puncturevine | | Tripidium ravennae | Ravenna grass | | Tussilago farfara | European coltsfoot | | Ulex europaeus | gorse, furze | | Utricularia inflata | swollen bladderwort | | Zygophyllum fabago | Syrian bean-caper |

History

Statutory Authority: RCW 17.10.074, 17.24.011, and 17.24.041. WSR 26-02-069, s 16-752-610, filed 1/7/26, effective 2/7/26
WSR 25-15-040, s 16-752-610, filed 7/9/25, effective 8/9/25
WSR 21-05-019, § 16-752-610, filed 2/8/21, effective 3/11/21. Statutory Authority: RCW 17.10.074, 17.24.011, 17.24.041, and chapter 34.05 RCW. WSR 16-14-003, § 16-752-610, filed 6/23/16, effective 7/24/16
WSR 14-07-040, § 16-752-610, filed 3/12/14, effective 4/12/14. Statutory Authority: Chapters 17.10, 17.24, and 34.05 RCW. WSR 09-19-006, § 16-752-610, filed 9/3/09, effective 10/4/09
WSR 04-19-004, § 16-752-610, filed 9/2/04, effective 10/3/04. Statutory Authority: Chapters 17.24, 17.10, 15.13 RCW. WSR 02-12-030, § 16-752-610, filed 5/29/02, effective 6/29/02. Statutory Authority: Chapters 17.24, 17.10 RCW. WSR 00-24-021, § 16-752-610, filed 11/28/00, effective 12/29/00
WSR 98-13-008, § 16-752-610, filed 6/4/98, effective 7/5/98. Statutory Authority: Chapters 17.10 and 17.24 RCW. WSR 92-07-025, § 16-752-610, filed 3/10/92, effective 4/10/92.

Wash. Admin. Code § 16-752-620 Prohibited acts.

It is prohibited to transport, buy, sell, offer for sale, or to distribute plants or plant parts of the regulated species listed in WAC 16-752-610 into or within the state of Washington or to sell, offer for sale, or distribute seed packets of the seed, flower seed blends, or wildflower mixes of these regulated species into or within the state of Washington.

History

Statutory Authority: RCW 17.10.074, 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 14-07-040, § 16-752-620, filed 3/12/14, effective 4/12/14. Statutory Authority: Chapters 17.10 and 17.24 RCW. WSR 92-07-025, § 16-752-620, filed 3/10/92, effective 4/10/92.

Wash. Admin. Code § 16-752-630 Quarantine exceptions.

The prohibition on transporting of plants and plant parts established in WAC 16-752-620 does not apply to plants or plant parts collected for herbariums, research in control methods, creation of pressed specimens, or for educational or identification purposes and other scientific activities, as long as all such activities are conducted in such a manner as to prevent infestation. In addition, plants or plant parts may be transported, as a part of a noxious weed control activity, to a sanitary landfill, to be burned, or otherwise for disposal under the guidelines of a noxious weed control agency.

History

Statutory Authority: RCW 17.10.074, 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 14-07-040, § 16-752-630, filed 3/12/14, effective 4/12/14. Statutory Authority: Chapters 17.24, 17.10 RCW. WSR 00-24-021, § 16-752-630, filed 11/28/00, effective 12/29/00
WSR 92-07-025, § 16-752-630, filed 3/10/92, effective 4/10/92.

Wash. Admin. Code § 16-752-640 Compliance agreements.

The director may allow activities prohibited under this chapter by compliance agreement. Such compliance agreement shall specify the terms and conditions under which such activities are allowed. A fee may be charged for these services under WAC 16-401-027 or 16-470-912 and 16-470-921.

History

Statutory Authority: RCW 17.10.074, 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 16-14-003, § 16-752-640, filed 6/23/16, effective 7/24/16
WSR 14-07-040, § 16-752-640, filed 3/12/14, effective 4/12/14. Statutory Authority: Chapters 17.10 and 17.24 RCW. WSR 92-07-025, § 16-752-640, filed 3/10/92, effective 4/10/92.

Wash. Admin. Code § 16-752-650 Disposal of regulated articles.

Any plants, plant parts, or seed packets transported, bought, sold, or offered for sale in violation of this chapter are subject to destruction or shipment out-of-state or other disposition in a manner prescribed by the director to prevent infestation. Any such action will be at the expense of the owner or the owner's agent and without compensation.

History

Statutory Authority: RCW 17.10.074, 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 14-07-040, § 16-752-650, filed 3/12/14, effective 4/12/14. Statutory Authority: Chapters 17.24, 17.10 RCW. WSR 00-24-021, § 16-752-650, filed 11/28/00, effective 12/29/00
WSR 92-07-025, § 16-752-650, filed 3/10/92, effective 4/10/92.

Wash. Admin. Code § 16-752-660 Penalties.

Any person who violates the terms of this chapter or who aids or abets in such violation, shall be subject to the civil and/or criminal penalties provided in chapter 17.24 RCW.

History

Statutory Authority: RCW 17.10.074, 17.24.011, 17.24.041 and chapter 34.05 RCW. WSR 14-07-040, § 16-752-660, filed 3/12/14, effective 4/12/14. Statutory Authority: Chapters 17.10 and 17.24 RCW. WSR 92-07-025, § 16-752-660, filed 3/10/92, effective 4/10/92.