Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter A - GENERAL REQUIREMENTS › Section 10.9 - Seed Testing

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Unless a
				  specialized laboratory is designated by the State Seed and Plant Board in
				  agreement with the Seed Quality Program, to do the testing of a specific seed
				  commodity, the laboratory test must be made by one of the department's seed
				  laboratories, the official state seed laboratory of another state or a
				  registered seed technologist in good standing with the Society of Commercial
				  Seed Technologists. In addition to the sample submitted to a laboratory for
				  analysis, a file sample shall be submitted to the Seed Quality Program, which
				  may be used for determining other varieties and/or off type plants. File
				  samples of seed lots submitted for certification must be drawn in the manner
				  recommended by the Association of Official Seed Analysts, and at least the size
				  shown in §
										RSA
				  10.14 of this title (relating to Minimum
				  Amount of Seed Required for Laboratory Analysis). For industrial hemp, the file
				  sample size shall be set by the certifying agency. Each sample must be
				  identified with the following information: name and address of applicant, kind
				  and variety of seed, seed class eligibility, year of production, final lot
				  number, and seed treatment substance.
(b) The rules for testing seed as adopted by
				  the Association of Official Seed Analysts are hereby adopted as the procedure
				  to be followed in the testing of seed subject to certification. However, when
				  no rules for testing have been adopted by the Association of Official Seed
				  Analysts, the procedure used must be mutually approved by the State Seed and
				  Plant Board and the Seed Quality Program. The results of such tests shall be
				  the basis for the enforcement of the provisions of this act for all classes of
				  seed recognized.
(c) The State Seed
				  and Plant Board has full authority to question the procedure used by
				  laboratories or technologists for testing eligible seed. Failure to follow the
				  correct testing procedure shall be cause for the board to consider all tests
				  made by the laboratory and/or technologist as no longer being acceptable in
				  meeting certification requirements.
(d) In order to allow the seedsmen to bag and
				  label in one operation, the certification labels for seed from a field or from
				  blended fields may be issued upon receipt of the inspector's completed report
				  showing all seed involved to have passed the field production standards, even
				  though the laboratory test has not been completed and in case of hybrid sorghum
				  seed, sorghum line seed, hybrid sunflower seed, and sunflower line seed, the
				  required varietal purity grow-out test has not been completed. In all cases, a
				  copy of the laboratory test from each lot represented which is identifiable
				  with the certification labels issued must be furnished the Seed Quality Program
				  prior to distribution of the seed. However, the applicant must furnish the Seed
				  Quality Program a copy of the laboratory test not later than July 31 of each
				  year for the previous year's production unless an extension in writing is
				  requested for a good and valid reason.