RCW 15.51.010
Findings
—
Purpose.
The legislature finds that the growing, production, or formation of seed from plants of the genus
Brassica
for the purpose of producing seed, oil, biofuel or associated by-products, commercial vegetables, forage, or cover crops is in the interest of the public welfare. The legislature finds that species, hybrids, varieties, and variations of plants of the genus
Brassica
have potential to form genetic crosses, particularly when they are grown in geographic proximity, and will, if not properly regulated, result in significant loss of quality, purity, and value in the seed produced.
The legislature finds that production of biofuel using
Brassica
seed crops, generally known as canola or rapeseed, can help citizens and businesses conserve energy and reduce the use of petroleum-based fuels, improve air and water quality, and create new industries and jobs for Washington citizens. The legislature also finds that Washington state offers conditions uniquely suited to the production of high quality, high value
Brassica
vegetable seed, and that the vegetable seed industry is a significant contributor to the diversity and economic viability of the agricultural community.
The purpose of chapter 181, Laws of 2007 is to provide for the orderly production of potentially incompatible varieties of
Brassica
seed crops.
[
2007 c 181 s 1
.]
RCW 15.51.020
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "
Brassica
" means any plants in the genus
Brassica
.
(2) "
Brassica
seed crop" means any commercial production of any species, hybrid, or variety of the genus
Brassica
that results in pollen or seed formation.
Brassica
seed crop includes, but is not limited to,
Brassica
seeds grown for planting, and species generally known as rapeseed or canola, including
Brassica napus
,
Brassica rapa
, and
Brassica juncea
, grown for oil or biofuel and associated by-products. For purposes of this chapter, forage and cover crops from the genus
Brassica
are considered
Brassica
seed crops. Plants from the genus
Brassica
grown as vegetables for human or animal consumption such as cabbage, broccoli, rutabaga, and kohlrabi are not
Brassica
seed crops as long as they are not allowed to produce pollen or seed.
(3) "Department" means the state department of agriculture.
(4) "Director" means the director of the department or the director's authorized representative.
(5) "Grower" means a person who grows a
Brassica
seed crop within a
Brassica
seed production district or, for purposes of RCW 15.51.030, within a proposed
Brassica
seed production district.
(6) "Processor" means a person who commercially uses, sells, or processes a
Brassica
seed crop grown within a
Brassica
seed production district or, for purposes of RCW 15.51.030, within a proposed
Brassica
seed production district.
(7) "Volunteer and weed
Brassica
plants" means plants of the genus
Brassica
that arise from accidental or unintentional scattering or occurrence of seed.
[
2007 c 181 s 2
.]
RCW 15.51.030
Brassica seed production districts
—
Grower's petition
—
Rules.
Any grower or processor of a
Brassica
seed crop may submit a petition to the director requesting establishment of a
Brassica
seed production district. The petition must include proposed geographic boundaries of the district and the proposed types of regulations for designated
Brassica
seed crop species within the district. The petition must contain the signatures of at least ten growers or processors of affected
Brassica
seed crops grown within the boundaries of the proposed
Brassica
seed production district. If there are fewer than ten growers or processors of affected
Brassica
seed crops grown within the boundaries of the proposed district, then the applicant may submit a list of names and contact information for all
Brassica
seed crop growers and processors within the proposed district and a petition signed by at least fifty percent of these persons. In response to the petition, the director may adopt rules to establish
Brassica
seed production districts.
[
2007 c 181 s 3
.]
RCW 15.51.040
Brassica production agreements.
(1) Any person who wishes to conduct an activity otherwise prohibited within a
Brassica
seed production district must first enter into a
Brassica
production agreement with the director. Each
Brassica
production agreement shall be developed by the applicant and the director in consultation with an advisory committee comprised of at least three individuals appointed by the director, none of whom shall have a financial interest in the request for agreement or its outcome and at least one of whom shall be a grower in or processor of
Brassica
seed crops grown within the
Brassica
seed production district. The director shall not enter into any
Brassica
production agreement unless the director, in the exercise of his or her discretion, is satisfied that the agreement contains terms and conditions that are necessary and sufficient to mitigate reasonably possible risks to the economic well-being of growers within the
Brassica
seed production district from the proposed activity.
(2) The applicant or any grower or processor of a
Brassica
seed crop grown within the
Brassica
seed production district that would be affected by the
Brassica
production agreement may appeal, under RCW 34.05.570
(4), the director's decision whether or not to enter into a
Brassica
production agreement. Any such appeal must be filed in the superior court of Thurston county or the county in which the activity to be allowed under the
Brassica
production agreement would occur.
[
2007 c 181 s 4
.]
RCW 15.51.050
Rules.
The director may adopt rules necessary to carry out the purpose and provisions of this chapter concerning, but not limited to:
(1)
Brassica
seed production districts;
(2) Notification of a designated central clearinghouse for growers to report their intention to plant a
Brassica
seed crop within a
Brassica
seed production district;
(3) Isolation distances between
Brassica
seed crops within a
Brassica
seed production district;
(4) Exclusion of designated
Brassica
seed crops within a
Brassica
seed production district, except under terms of a
Brassica
production agreement;
(5) Control of volunteer and weed
Brassica
plants within a
Brassica
seed production district; and
(6)
Brassica
production agreements.
[
2007 c 181 s 5
.]
RCW 15.51.060
Violation or threatened violation of chapter
—
Action to enjoin.
The director or any grower or processor of a
Brassica
seed crop grown within a
Brassica
seed production district may bring an action to enjoin the violation or threatened violation of any provision of this chapter or its rules, or any
Brassica
production agreement entered into by an applicant and the director, in the superior court of Thurston county or the county in which the violation or threatened violation occurs or is about to occur.
[
2007 c 181 s 6
.]
RCW 15.51.070
Application of chapter
34.05
RCW.
Chapter
34.05
RCW governs the rights, remedies, and procedures respecting the administration of this chapter, including rule making.
[
2007 c 181 s 7
.]