Rulemaking


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Rule Making at WSDA


Through service, regulation, and advocacy, the Washington State Department of Agriculture (WSDA) supports the viability and vitality of agriculture while protecting consumers, public health, and the environment.

We have authority delegated through federal and state law to implement and enforce various laws and rules related to agriculture in Washington state. We accomplish this through our open and public rule making process, and by ensuring compliance with those laws and rules.

We are committed to transparency and public involvement throughout the rule making process.
 


We invite you to participate in our rule making process.


Use the tabs below to see the status of rules in different stages of the rule making process:

  • "Current Rule Making" means that the rule making process has officially begun by the department filing either a CR-101 or CR-105 form with the Code Reviser's Office.
  • "Completed Rule Making" means that the rule making process is complete and the agency has filed an order to adopt a rule (filed a CR-103 form). The rule will become effective 31 days after filing the CR-103, unless the department has stated a later date.
  • "Emergency Rule Making" means rule making that is conducted when immediate adoption, amendment, or repeal of a rule is necessary for preservation of public health, safety, or general welfare and observation of the time requirements of permanent rule making would be contrary to the public interest. These rules are only in effect for 120 days.

Clicking on the links will take you to the rule making web page for that rule chapter which contains information including documents, timelines, and contact information specific to that rule. 

Completed and emergency rule making pages are kept here for reference for one year after the date of adoption.

Rule Title/Topic

WAC Number

Summary

Latest Activity

Proposed Adoption Date

Animal Importation  16-54 Update definitions and references to CFR citations, update and/or remove requirements, processes, and forms to align with neighboring states and federal regulations. 07/03/2019 TBD
Cannabis Testing Laboratory Quality Standards (CLASP) 16-309 Establishes cannabis testing laboratory quality standards in rule as required by HB 1859 (Chapter 135, Laws of 2022). 02/21/2024 04/16/2024
Cannabis Certification in Accordance with the National Organic Progam  TBD Establishes standards for the certification of organic cannabis and cannabis products in compliance with the National Organic Program. 08/19/2022 TBD
Commercial Feed
Pet Food & Specialty Pet Food
16-250 16-252 Adopts the latest version of the Association of American Control Officials (AAFCO) Official Publication (OP), clarifying areas of the rule regarding livestock feed and including additional categories of product types that were previously absent. 03/24//2024 TBD
Electric Vehicle Supply Equipment 16-662 Aligns the required payment methods for electric vehicle supply equipment with the Federal Highway Administration’s National Electric Vehicle Infrastructure (NEVI) program’s technical requirements for electric vehicle supply equipment (EVSE) payment methods. 01/24/2024 TBD
Grain Inspection Program 16-240 Revises the structure of permanent staffing, including but not limited to fees, time frames and any services that are not specifically identified and increasing program fees 04/02/2024 TBD
Japanese Beetle Quarantine 16-470 Expands the internal quarantine and amends the regulated articles based on 2022 & 2023 trap season catches. 12/15/2022 TBD
Pesticide Rules, Certification & Training 16-228 Amends the chapter to align with SB 5330 (Chapter 186, Laws of 2023), the federal certification and training standards in 40 CFR 171 passed in 2017, and the Washington Plan for Certification of Pesticide Applicators approved by the Environmental Protection Agency in December 2022. 10/16/2023 TBD
Seed Assessment, Fees for Seed Services and Seed Certification 16-303 Increases the seed certifications fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum and small grains and adds quinoa as a crop these certification fees apply to. RULE MAKING INITIATED AS A RESULT OF A PETITION     10/17/2023 TBD
Seed Certification, General Rules 16-302 Aligns standards for applicable crops with the Association of Official Seed Certifying Agencies newly adopted seed and field standards, creates a Pacific Northwest sod quality standard and tagging process, makes clericals changes to address inconsistencies between crop standards, removes references to repealed WACs, adds an application deadline for dryland seed production and other clarifying changes.     11/21/2022 TBD

Rule Title/Topic

WAC Number

Summary

Adoption Date

Animal Diseases - Reporting 16-70 Clarifies reporting requirements for veterinarian and veterinary laboratories, amends the list of reportable diseases, modify reporting times from 24 hours/monthly to immediate reporting, revises language to increase clarity and readability. 05/11/2023
Cannabis-Infused Edibles 16-131 Changes all references of the term ‘marijuana’ to ‘cannabis’ to align with HB 1210. EXPEDITED RULE MAKING 12/11/2023
Commodity Commission Recently Adopted Rules TBD   TBD
Cottage Foods 16-149 Increases the annual sales cap to $35,000 and changes the renewal cycle from annually to every two years in alignment with HB 1500 (Chapter 352 Laws of 2023). EXPEDITED RULE MAKING 12/11/2023
Fruit & Vegetable Inspection Fees & Other Charges 16-390 Amends section -240, USDA Audit Verification and Terminal Market Inspection Fees, to match the fees most recently adopted by the USDA-AMS to comply with the department’s cooperative agreement with USDA-AMS for services the department provides. EXPEDITED RULE MAKING 08/28/2023
Grain Inspection [Expedited] 16-240 Amends WAC 16-240-039 by adding clarifying language which identifies Commodity Cooperative Service Agreement Fees and Agricultural Marketing Act (AMA), Rice Cooperative Service Agreement Fees as separate line items from the unit fees charged for each service. EXPEDITED RULE MAKING 01/05/2024
Hops - Certification Analyses - Fees
Expedited
16-218 Adds clarifying language which identifies Commodity Cooperative Service Agreement Fees and Agricultural Marketing Act (AMA), as separate line items from the unit fees charged for each service. 04/16/2024
Livestock Identification [Expedited] 16-610 Aligns the rule with SSB 5439 by adding a statement that the $20.00 call out fee is not charged by certified veterinarians or private field inspectors and adding a requirement that the Livestock Identification Advisory Committee must review the costs and operations of the livestock identification program. Also amends the rule by clarifying the definition of ‘Call Out Fee’ by stating that it is a fee charged by Department Inspectors. EXPEDITED RULE MAKING 07/05/2023
Nursery Inspection Fees 16-401 Updates fees in this chapter. 05/05/2023
Organic Food Standards & Certification [Expedited] 16-157 Adopts the March 20, 2023 version of the USDA organic regulations. EXPEDITED RULE MAKING 07/26/2023
Organic Food Standards & Certification Fees 16-157 Updates the certification fee schedule. 12/19/2023
Quarantine - Agricultural Pests (Fees) 16-470 Updates fees charged by both the Nursery/Plant Services Program and Plant Pathology Lab in this chapter. 05/05/2023
Registration of Materials for Organic Food Production 16-160 Updates registration fee schedules and registered material logo. 09/28/2023
Seed Potato Isolation District 16-325 Adds requirements for all lots entering the isolation district to be test free of bacterial ring rot. Provides 48-hour notification to the department of all shipments entering the isolation district. Adds a new violation section regarding the disposition of material shipped into the isolation district violation. RULE MAKING INITIATED AS A RESULT OF A PETITION 08/15/2023
Seed Potato Quarantine 16-482 Adds a section stating that potatoes entering the seed potato isolation district are subject to additional requirements under chapter 16-325 WAC. RULE MAKING INITIATED AS A RESULT OF A PETITION 08/15/2023
Sheep and Goat Diseases in Washington State  16-89 Adds a definition for “premises”, clarifies that all sheep moved off a premises must have official scrapie program identification, adds goats to official scrapie program identification requirement when moved off a premises, removes requirement that all goats commingled with or exposed to sheep have official scrapie
program identification, removes low-risk commercial goats from official scrapie program identification exemption, removes Q fever testing requirements for raw milk dairies, and removes the indemnity section.
05/11/2023
Swine Diseases in Washington State 16-80 Removes definitions and section no longer applicable, clarifies identification requirements and exemptions, requires the observation of feral swine to be reported and adopts the most recent version of applicable federal regulations. 05/11/2023
Rule Title/Topic WAC Number Summmary Adoption Date Expiration Date
Japanese Beetle Quarantine 16-470 Expands the internal quarantine boundaries based on 2022-2023 trap season catches, and adds requirements related to soil samples, signage and cut flowers 03/07/2024 07/05/2024
Japanese Beetle Quarantine 16-470 Expands the internal quarantine boundaries based on 2022 trap season catches. 12/06/2023 03/07/2024

Related Links


Contact Information


Gloriann Robinson
Agency Rules Coordinator
grobinson@agr.wa.gov
(360) 902-1802