(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.
(c) These
written agreements cannot extend beyond one harvest per agreement.
(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.
