Washington Administrative Code

(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 …

(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 comp…

(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 municipa…

(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…

(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 inclu…

(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…

(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 b…

(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: P…

(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 …

(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…

(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 …

(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 mo…

(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 ap…

(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 eve…

(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…

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) Issu…

(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…

(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 nu…

(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…

(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 pe…

(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 ServiceFee Charged for In…

(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…

The department charges the following fees for issuing certificates related to hops and hop products:Type of CertificateFee for Each Certificate(1)State phytosanitary certificates$36.00 (2)Other certificates attesting to origin, compliance with standards of other states or nations…

(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 …

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…

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, …

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 an…

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 …

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 hum…

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 suc…

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, inju…

(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 dep…

(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…

(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 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 16-228-1…

(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 …

(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.[Statutory Authority: RC…

(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 s…

Table I Licensing ViolationsLevel of ViolationCommercial Applicator Operating UnlicensedPesticide Dealer Distributing Restricted Use Pesticides UnlicensedAll Other Violations for Operating UnlicensedFirst$2,500$1,000$1,000Second$5,000$2,500$2,500Third or more$7,500$5,000$5,000Tab…

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…

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 …

(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 pest…

(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…

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 th…

(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 c…

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.[Statutory Authority: Chapters 15.58, 17.21, and 34.05 RCW. WSR 02-12-017, § …

Only licensed pesticide dealers can distribute pesticides containing the active ingredient clopyralid.[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.]