reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter F - ADDITIONAL REQUIREMENTS FOR THE CERTIFICATION OF CERTAIN CROPS › Section 10.21 - Requirements and Standards for Hybrid Sorghum Varietal Purity Grow-Outs

Current through Reg. 49, No. 28; July 12, 2024
(a) Test planting requirements.
(1) Male sterile lines, pollinator lines, and
				  all sorghum hybrid seed must be test-planted (varietal purity grow-out test).
				  Such test must be conducted under the supervision of the Seed Quality Program,
				  as the enforcement agency. The required test for male sterile lines, pollinator
				  lines, and hybrid sorghum (grain types) must consist of not less than 1/10 acre
				  of not less than 3,000 plants in one location. The required test for forage and
				  grass type hybrids must consist of not less than 1/20 acre of not less than
				  1,000 plants in one location. It will be the responsibility of the seed
				  producer to notify his or her area Regional Office in the area where the seed
				  is stored when the lot of seed is ready to be sampled. Samples must be drawn as
				  directed by the department. Two pounds of seed will be required for each 1/10
				  acre test and one pound of seed for each 1/20 acre test. The test will be
				  inspected during the bloom stage by approved inspectors of the
				  department.
(2) A sample considered
				  to be on the borderline between acceptance and rejection or a sample rejected
				  by the department may be inspected by a sorghum advisory committee appointed
				  annually by the State Seed and Plant Board. The committee will consist of two
				  approved seed certification inspectors from the department, two Texas certified
				  hybrid sorghum seed growers, and one member of Texas AgriLife Research. The
				  committee will advise the Seed Quality Program of their recommendations. The
				  seed producer will have the privilege of having at least a one acre plot (of a
				  lot rejected in the grow-out test) of grain and forage hybrids planted for
				  reconsideration by the department and the advisory committee. In the case of
				  male sterile or pollinator lines planted for reconsideration, the test will be
				  at least 2/5 acre. The same controls will apply to the larger plot that are
				  applicable to the 1/10 or 1/20 acre tests.
(3) A fee of $180 for each sample grown for
				  reconsideration must be paid to the Texas Department of Agriculture, and the
				  travel and per diem expenses of department personnel necessary to sample,
				  plant, and inspect the larger plot must be paid by the seed producer.
(4) Removal of any plants from any of the
				  aforementioned grow-out tests at any time by the seed producer or by anyone
				  else, with his knowledge, prior to the acceptance or rejection of the lot
				  represented will immediately cancel the eligibility of the producer to
				  certify.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter F - ADDITIONAL REQUIREMENTS FOR THE CERTIFICATION OF CERTAIN CROPS › Section 10.22 - Requirements and Standards for Sunflower Varietal Purity Grow-Outs

Current through Reg. 49, No. 28; July 12, 2024
(a) All production of female seed parents,
				  pollinating seed parents, and commercial hybrids must be test-planted (variety
				  purity grow-out test). Such test must be conducted under the supervision of the
				  Seed Quality Program, as the enforcement agency. The required tests must
				  consist of not less than 1/10 acre of not less than 2,000 plants in one
				  location. It will be the responsibility of the seed producer to notify his or
				  her area Regional Office in the area where the seed is stored when the lot of
				  seed is ready to be sampled. Samples must be drawn as directed by the
				  department. One pound of seed will be required for each 1/10 acre test. The
				  test will be inspected during the bloom stage by approved inspectors of the
				  department.
(b) A sample considered
				  to be on the borderline between acceptance and rejection or a sample rejected
				  by the department may be inspected by an advisory committee annually appointed
				  by the State Seed and Plant Board. The committee will consist of two approved
				  seed certification inspectors from the department, two Texas certified seed
				  growers, and one member of Texas AgriLife Research. The committee will advise
				  the Seed Quality Program of their recommendations. The seed producer will have
				  the privilege of having at least a 2/5 acre plot (of a lot rejected in the
				  grow-out test) planted for reconsideration by the department and the advisory
				  committee. The same controls will apply to larger plots that are applicable to
				  the 1/10 acre tests.
(c) A fee of
				  $180 for each sample grown for reconsideration must be paid to the Texas
				  Department of Agriculture, and the travel and per diem expenses of department
				  personnel necessary to sample, plant, and inspect the larger plot must be paid
				  by the seed producer.
(d) Removal
				  of any plants from any of the aforementioned grow-out tests at any time by the
				  seed producer or by anyone else with his or her knowledge prior to the
				  acceptance or rejection of the lot represented will immediately cancel the
				  eligibility of the producer to certify.
(e) Varietal purity grow-out test standard.
Attached
					 Graphic
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter G - VEGETATIVELY PROPAGATED PASTURE GRASS AND TURFGRASS › Section 10.23 - Application and Amplification of General Certification Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) The general requirements, as adopted by
				  the State Seed and Plant Board, are basic and, together with the following
				  specific standards, constitute the standards for certification of vegetatively
				  propagated pasture grass and turfgrass.
(b) Three classes of stocks (foundation,
				  registered, and certified) are recognized under the vegetatively propagated
				  pasture grass and turfgrass standards.
(1)
				  Foundation. Foundation sprigs must be produced from a variety approved by the
				  State Seed and Plant Board tracing back to acceptable sources. Foundation
				  sprigs shall be the initial transplants from breeder vegetative propagating
				  material.
(2) Registered.
				  Registered sprigs must be the initial transplants from foundation
				  sprigs.
(3) Certified. Certified
				  sprigs must be the initial transplants from either foundation or registered
				  sprigs. A grower of the certified class of sprigs may increase his acreage from
				  his own production, provided he has complete control of the sprigs at all times
				  and they are planted on his own farm.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter G - VEGETATIVELY PROPAGATED PASTURE GRASS AND TURFGRASS › Section 10.24 - Land Requirements (Rules Covering Land Prior to Planting)

Current through Reg. 49, No. 28; July 12, 2024
(a) A field to be eligible for the production
				  of foundation or registered turfgrass sprigs, must have been inspected by a
				  representative of the Texas Department of Agriculture the year preceding the
				  year it is to be planted, and it must have been found free of all other
				  perennial grasses and objectionable weeds. This requirement does not apply to
				  pasture grasses.
(b) A field, to be
				  eligible for production of the certified class of stock, must be inspected by a
				  representative of the department during the growing season. At least two
				  inspections approximately six weeks apart must be made. The field must be found
				  free of all other perennial grasses and objectionable weeds. The second
				  inspection must be made within 15 days of planting. During the interval between
				  the two inspections, the soil must not be mechanically disturbed.
(c) In lieu of the preceding requirements, a
				  field, to be eligible for production of foundation, registration, or certified
				  class stock, may be thoroughly treated with a recommended soil fumigant or
				  chemical treatment and left undisturbed for four weeks, at which time an
				  official inspection must be made to determine if the land is free of perennial
				  grasses and objectionable weeds. After fumigation or chemical treatment, soil
				  conditions must be favorable for seed germination and active plant growth in
				  order to determine if the soil fumigation was effective and will qualify the
				  land for acceptance.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter G - VEGETATIVELY PROPAGATED PASTURE GRASS AND TURFGRASS › Section 10.25 - Handling the Crop Prior to Inspection

Current through Reg. 49, No.
				  28; July 12, 2024
(a)
				  Fees. The pre-planting inspection fee and annual inspection fee, as shown in
				  Table I of §
										RSA
				  10.13 of this title (relating to Acreage
				  Inspection Fees for Certification), is required to be paid.
(b) Applications. All applications for
				  pre-planting inspection and annual inspection must be filed with the Seed
				  Quality Program prior to March 1.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter G - VEGETATIVELY PROPAGATED PASTURE GRASS AND TURFGRASS › Section 10.26 - Field Inspection

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Pasture
				  grasses. At least one official inspection must be made during the growing
				  season at a time when it is possible to identify any other perennial grasses
				  and/or strains or noxious weeds.
(b) Turfgrasses. At least four official
				  inspections must be made during the growing season at a time when it is
				  possible to identify any other perennial grasses and/or strains or
				  objectionable weeds.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter G - VEGETATIVELY PROPAGATED PASTURE GRASS AND TURFGRASS › Section 10.27 - Field Standards

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Unit of
				  certification. The entire acreage standing at the time of inspection must be
				  inspected as a unit from a map showing the exact specifications and permanent
				  location of the field.
(b)
				  Isolation.
(1) Pasture grasses. Foundation,
				  registered, and certified sprigs must be isolated from any other strain of the
				  same species or other objectionable species by a distance of at least 30
				  feet.
(2) Turfgrass (except St.
				  Augustine grass). Foundation, registered, and certified class stock must be
				  isolated from any other perennial grass by a strip at least 10 feet wide. In
				  addition to the required 10 feet of isolation, when the contaminant is a
				  Cynodon spp. producing viable seed, the production field must be isolated by a
				  terrace or a similar barrier approved by the inspector so as to prevent washing
				  of the seed into the production blocks. This barrier will be included in the
				  10-foot isolation distance.
(3) St.
				  Augustinegrass. Foundation, registered, and certified class stock must be
				  isolated from any other perennial grass and/or objectionable weeds by a strip
				  at least six feet wide.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter G - VEGETATIVELY PROPAGATED PASTURE GRASS AND TURFGRASS › Section 10.28 - Stock Handling

Current through Reg. 49, No. 28; July 12,
				  2024
(a) To be eligible
				  for certification, all classes of planting stock at the time of bulk
				  distribution or shipping shall conform to the following standards.
Attached
					 Graphic
(b)
				  General requirements.
(1) Constant care and
				  grower supervision must be maintained throughout harvesting, handling, and
				  packing of stock eligible under the provisions of the program so as to maintain
				  the identity and purity of it. All stock must be measured in bushels when
				  distributed if it is to retain certification status. The standard measure of a
				  bushel is considered to be 1 1/4 cubic feet.
(2) Planting stock is subject to sampling by
				  an approved inspector at any time during the digging season when the material
				  is being packaged or distributed.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter H - FOREST REPRODUCTIVE MATERIAL › Section 10.29 - Application and Amplification of General Certification Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) The general requirements, as adopted by
				  the State Seed and Plant Board are basic, and together with the following
				  specific standards constitute the standards for certification of forest
				  reproductive material. Forest reproduction material will include seed,
				  seedlings, and propagules of all species normally used in forestry including
				  specialized products or uses such as Christmas trees, windbreaks,
				  etc.
(b) In addition to the
				  definitions found at §
										RSA 10.1 of this
				  title (relating to Definitions), the following words and terms when used in
				  this subchapter, shall have the following meanings, unless the context clearly
				  indicates otherwise.
(1) Certified forest
				  tree seed and seedlings (blue label)--Certified forest tree seed and seedlings
				  from trees of proven genetic superiority, as defined by the following standards
				  produced so as to assure genetic identity. (Seeds and seedlings from
				  interspecific hybrids of forest trees may be included.) Certified seedlings
				  (blue label) must be the first generation from certified seed (blue label). In
				  addition, the following subclass may be acceptable for certification.
(2) Certified selected forest tree seed and
				  seedlings (green label)--Seed and seedlings from untested parentage of rigidly
				  selected trees, including elite trees, or stands that have promise, but not
				  proof, of genetic superiority. Cultivars, as well as clones, may be certified.
				  Certified selected seedlings (green label) must be the first generation from
				  certified selected seed (green label).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter H - FOREST REPRODUCTIVE MATERIAL › Section 10.30 - Seedling Production, Certified (Blue Label), and Certified Selected (Green Label)

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Handling the
				  crop prior to inspection.
(1) Fees. The
				  inspection fee as shown in Table I is required to be paid for each nursery
				  site.
(2) Applications. All
				  applications for inspection of forest tree seedlings must be filed with the
				  Seed Quality Program at least 30 days before seed sowing.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter I - NATIVE PLANT MATERIALS › Section 10.31 - Texas Native Plant Materials

Current through Reg. 49, No. 28; July
				  12, 2024
(a) Eligibility
				  Requirements. Only forbs, grasses and shrubs that are native to and produced in
				  Texas are eligible for certification. These standards address seed, seedlings,
				  or other propagating materials of species, selections, clones, or intraspecific
				  hybrids, which have not been released as a variety.
(b) Definitions. In addition to the
				  definitions found at §
										RSA 10.1 of this
				  title (relating to Definitions), the following words and terms when used in
				  this subchapter, shall have the following meanings, unless the context clearly
				  indicates otherwise.
(1) Generation 1--The
				  progeny of a Selected Texas Native Germplasm selection;
(2) Generation 2--The progeny of a Selected
				  Texas Native Germplasm Generation 1.
(3) Generation 3--The progeny of a Selected
				  Texas Native Germplasm Generation 1 or Generation 2.
(4) Generation 4--The progeny of a Selected
				  Texas Native Germplasm Generation 1, Generation 2, or Generation 3.
(5) Generation 5--The progeny of a Selected
				  Texas Native Germplasm Selected Native Germplasm Generation 1, Generation 2,
				  Generation 3, or Generation 4.
(6)
				  Generation 6--The progeny of a Selected Texas Native Germplasm Generation 1,
				  Generation 2, Generation 3, Generation 4, or Generation 5.
(7) Generation 7--The progeny of a Selected
				  Texas Germplasm Generation 1, Generation 2, Generation 3, Generation 4,
				  Generation 5 or Generation 6.
(8)
				  Selected Texas Native Germplasm (green label)--Seed, seedlings, or other
				  propagating materials from untested parentage of rigidly selected Texas native
				  plant stands that have promise, but not proof, of genetic
				  superiority.
(9) Source Identified
				  Texas Native Germplasm (yellow label)--Seed, seedlings, or other propagating
				  materials collected from native plant stands in Texas, where no selection or
				  testing of the parent population has been made.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter J - SEED POTATO STANDARDS › Section 10.40 - Application and Amplification of General Certification Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) The general requirements as adopted by
				  the State Seed and Plant Board, are basic standards and, together with the
				  following specific standards, constitute the standards for certification of
				  seed potatoes.
(b) In addition to
				  the definitions listed in §
										RSA 10.1 of this
				  title (relating to Definitions), the following words and terms when used in
				  this subchapter, shall have the following meanings, unless the context clearly
				  indicates otherwise.
(1) Internal
				  discoloration--Any type of necrosis, stem-end browning, internal brown spot or
				  other similar types of discoloration not visible externally, except
				  blackheart.
(2) Mass or straight
				  planting--As opposed to tuber-unit planting. May refer to whole or cut seed
				  planted in a conventional manner.
(3) Potato lot--A field, or the potatoes
				  harvested therefrom.
(4) Seed
				  potatoes--The vegetatively propagated tuber or portion of tuber used for
				  reproduction of the potato rather than true seed that is sexually produced from
				  the potato flowers.
(5) Soft rot or
				  wet breakdown--Any soft, mushy, or leaky condition of the tissue.
(6) Tuber-unit field--A field that is planted
				  by tuber-unit method and from which entire units are rogued if any plant in a
				  unit is found to have virus disease.
(7) Tuber-unit planting--A method of dropping
				  two or more seed pieces from one tuber consecutively in a row.
(8) U.S. export seed potatoes--Potatoes that
				  meet the requirements, disease tolerances and grade standards for international
				  export as listed under the UNITED STATES EXPORT STANDARDS FOR SEED POTATOES;
				  Appendix P - USDA Export Certification Manual as revised.
(9) U.S. standards for seed potatoes--The
				  grades of potatoes as defined and issued by the United States Department of
				  Agriculture (USDA).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter J - SEED POTATO STANDARDS › Section 10.41 - General Requirements

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Any disease or
				  other condition seriously affecting seed potato quality, and its ability to
				  sprout and grow normally that is not mentioned in these rules, may be cause for
				  the department to reject a lot entered for certification.
(b) Any lot of seed potatoes may be rejected
				  by the department at any time such lot is found not to meet the certification
				  standards.
(c) The applicant is
				  responsible for all laboratory virus testing. All laboratory virus tests must
				  be from a laboratory approved by the department.
(d) All potato fields in the farming
				  operation that are eligible and entered for certification must be physically
				  separated from those potato fields on the farming operation not entered for
				  certification. In addition, all equipment and storage bins used in the farming
				  operation utilized for the purpose of certified seed production must be cleaned
				  and disinfected prior to being used to plant, harvest, cultivate, spray or
				  store certified seed potatoes.
(e)
				  All potato fields entered for certification must be adequately isolated by a
				  minimum of 60 feet from adjacent fields not entered for certification or lots
				  rejected for serious seed-borne diseases during the current season. Potato
				  fields entered for certification not meeting isolation requirements will be
				  reduced in acreage accordingly.
(f)
				  Each lot of seed potatoes in storage must be adequately separated from other
				  potatoes to prevent mixture or contamination.
(g) Each lot of certified seed potatoes must
				  be kept in an isolated storage bin that contains only potatoes approved by the
				  department. Potatoes from seed lots rejected for certification due to bacterial
				  ring rot will not be allowed under any circumstances.
(h) New sacks must be used if seed potatoes
				  are harvested, stored or marketed in sacks unless they are shipped in
				  bulk.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter J - SEED POTATO STANDARDS › Section 10.42 - Labels, Bulk Certificates, Seals

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) Labels
				  or bulk certificates will be issued by the department, only to the applicant or
				  his agent. No mutilation of labels or bulk certificates, by writing or marking
				  over, or otherwise altering original information printed thereon, will be
				  permitted. The responsibility of proper use of labels and bulk certificates is
				  placed on the person to whom such articles have been issued.
(b) A seal shall be placed on the conveyance
				  doors of bulk shipment containers identified by a bulk certificate.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter J - SEED POTATO STANDARDS › Section 10.43 - Grades and Grade Inspection

Current through Reg. 49, No. 28; July 12,
				  2024
(a) All certified
				  seed potatoes must be graded to conform with the U.S. standard grades and sizes
				  for seed potatoes unless a signed waiver of grade inspection has been obtained
				  from the purchaser as outlined in subsections (d) or (g) of this
				  section.
(b) All seed potatoes must
				  be shipped under labels or bulk certificates that represent the grade to which
				  they have been sorted. Potatoes failing to meet the grade specified on the
				  label or bulk certificate shall be:
(1)
				  resorted to meet the grade requirements;
(2) re-labeled with new labels or re-issued a
				  new bulk certificate representative of the grade of the potatoes; or
(3) the labels must be removed.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter J - SEED POTATO STANDARDS › Section 10.45 - Post Harvest Testing

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Test required.
				  All Texas certified seed potatoes must be subjected to a post harvest test and
				  meet prescribed standards to be eligible for re-certification.
(b) Planting of samples. Due to the inability
				  to detect certain virus diseases at all times under field conditions, samples
				  from seed lots eligible for re-certification shall be planted where these
				  diseases can be observed in the greenhouse or in the south during the winter
				  months.
(c) Selection of samples.
				  Samples are to be selected so as to represent all field areas of any given seed
				  lot. Tubers must be in the 2-3 ounce size range.
(d) Post Harvest Test.
(1) Generation 1 (stocks for sale only). Not
				  less than 25 tubers or 1.0% of the population, not to exceed 400 tubers in a
				  given seed lot, shall be sampled. The applicant may elect to have laboratory
				  testing for leafroll and potato virus Y prior to vine kill conducted in lieu of
				  a southern post harvest test at similar sampling rates. The department will
				  determine the actual number of tubers selected.
(2) Generation 2. In any given seed lot, not
				  less than 100 tubers or 1.0% of the population, not to exceed 400 tubers or the
				  levels established for Generations 3-6, shall be sampled
(3) Generations 3-6.
(A) 400 tubers per seed lot for lots up to 40
				  acres.
(B) 800 tubers per seed lot
				  for lots 41-80 acres.
(C) An
				  additional 200 tubers will be required for each 40 acres or portion thereof
				  beyond 80 acres.
(D) Exceptionally
				  small lots - Not less than 100 tubers or 1.0% of the population.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter J - SEED POTATO STANDARDS › Section 10.46 - Out-of-State Seed Stocks

Current through Reg. 49, No. 28; July 12,
				  2024
Any potato cultivar or numbered clone brought in from
					 out-of-state whose disease symptom expression resulting from infection with the
					 ring rot bacterium
(Clavibacter michiganensis
subsp.
Sepedonicus)
or potato leafroll virus is unknown under Texas
					 growing conditions shall be eligible for certification under the following
					 conditions:
(1) If test results
				  demonstrate adequate symptom intensity, that will normally permit inspectors to
				  visually detect the presence of these diseases under field conditions, the seed
				  lot will be allowed to proceed through the certification process and be
				  approved provided other requirements are met. Testing to determine disease
				  reaction will be concurrent with field production of the cultivars or numbered
				  clones in question. Applicants who intend to enter such stocks in the current
				  year's certification program must provide a minimum of 75 tubers of each
				  cultivar or numbered clone to the department by May 1st of any given growing
				  season.
(2) In the event disease
				  expression is totally latent or mild to the degree that prevents detection
				  during field inspection an affidavit must be signed by the buyer that
				  acknowledges the limitations to disease detection.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter J - SEED POTATO STANDARDS › Section 10.47 - Laboratory Virus Testing Required

Current through Reg. 49, No. 28; July
				  12, 2024
Laboratory virus testing is required as follows:
Attached
					 Graphic
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter J - SEED POTATO STANDARDS › Section 10.48 - Special Requirements for Limited Generation Seed Potatoes

Current through Reg. 49, No. 28; July 12, 2024
(a) Identification requirements. Each lot of
				  seed potatoes entered for certification shall be identified as Limited
				  Generation, Non-Generation Certified or Experimental. Experimental seed must be
				  accompanied by written authorization from the breeding program from which the
				  numbered potato selections originate (germplasm release notice). Each seed lot
				  must meet all General Requirements and applicable Special Requirements provided
				  herein. Any seed lot brought into the Texas limited generation system from
				  out-of-state will have its entry level determined by the State Seed and Plant
				  Board. Listed below are the various steps that any given seed stock will pass
				  through in the Limited Generation System:
(1)
				  Nuclear (Lab and/or greenhouse produced)
(2) Generation 1 (1st year in
				  field)
(3) Generation 2 (2nd year
				  in field)
(4) Generation 3 (3rd
				  year in field)
(5) Generation 4
				  (4th year in field)
(6) Generation
				  5 (5th year in field)
(7)
				  Generation 6 (6th year in field)
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter J - SEED POTATO STANDARDS › Section 10.49 - Special Requirements for Non-Generation Seed Potatoes

Current
				  through Reg. 49, No. 28; July 12, 2024
Seed identified as Non-Generation Certified (NGC) is
					 intended to provide limited opportunity for a applicant to produce certified
					 stocks of cultivars for which micropropagated laboratory-tested seed sources
					 are temporarily not available. Applicants who intend to produce NGC seed must
					 verify to the Department prior to April 1st of any given growing season that
					 the cultivar in question is not available from a Limited Generation seed
					 program, and furthermore have each request reviewed and approved by the State
					 Seed and Plant Board. However, any prospective seed lots must have been post
					 harvest tested and meet qualifications for re-certification. NGC seed lots will
					 be inspected and classified according to the disease tolerances and all of the
					 applicable Rules and Regulations established for Generation 6. These stocks
					 will be identified in the Seed Directory and when sold will be inspected for
					 grade and properly identified with labels or bulk certificates. The symbols
					 "NGC" shall be printed on the labels and bulk certificates to denote their
					 status.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter J - SEED POTATO STANDARDS › Section 10.50 - Grade Standards for Certified Seed Potatoes

Current through Reg. 49,
				  No. 28; July 12, 2024
(a) The following grade standards apply to
				  all certified seed potatoes.
Attached
					 Graphic
(b) Blue
				  Label Grade shall consist of potatoes which meet the requirements of the
				  disease tolerances and grade standards previously listed for Certified Seed
				  Potatoes. In addition, they shall be graded to conform to the U.S. No.1 seed
				  potatoes grade as defined under U.S. Standards for Grades of Seed Potatoes with
				  the following exceptions:
(1) Not more than
				  1% of the potatoes shall be damaged by dry rot.
(2) Size shall be 1-1/2" to 12 oz. unless a
				  smaller maximum is specified on the label or bulk certificate.
(3) Not more than 3% of the potatoes in any
				  lot may be below the specified size and, in addition, not more than 8% may be
				  above the specified size.
(4)
				  Physiological internal pigmentation shall not be considered a grade
				  factor.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter K - INDUSTRIAL HEMP SEED, FIELD STANDARDS › Section 10.51 - Application and Amplification of Industrial Hemp Seed Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) The general requirements, as adopted by
				  the State Seed and Plant Board, are basic and, together with the following
				  specific standards, constitute the standards for certification of industrial
				  hemp seed.
(b) "Industrial hemp" or
				  "hemp" as defined Texas Agriculture Code §
										RSA 121.001 means
				  the plant species Cannabis sativa L. and any part of that plant, including the
				  seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids,
				  salts, and salts of isomers, whether growing or not, with a delta-9
				  tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight
				  basis. Industrial Hemp includes varieties of these kinds:
(1) Dioecious type: with male and female
				  flowers on separate plants.
(2)
				  Monoecious type: with male and female flowers on the same plant.
(3) (Unisexual Female) Hybrids: with sterile
				  male and fertile female flowers on the same plant.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter K - INDUSTRIAL HEMP SEED, FIELD STANDARDS › Section 10.52 - Land Requirements (Rules Covering Land Prior to Planting)

Current
				  through Reg. 49, No. 28; July 12, 2024
(a) Hemp crops for Foundation and Registered
				  classes must not be grown on land which in any of the preceding three years
				  produced a crop of industrial hemp.
(b) Hemp crops for Certified classes must not
				  be grown on land which:
(1) In the preceding
				  year produced a certified crop of the same variety; or
(2) In either of the preceding 2 years
				  produced a non-certified crop of industrial hemp or a different variety of
				  industrial hemp.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter K - INDUSTRIAL HEMP SEED, FIELD STANDARDS › Section 10.53 - Handling of Crop Prior to Inspection

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) Fees.
				  The annual inspection fee, as shown in Table 1 of §
										RSA
				  10.13 of this title (relating to Acreage
				  Inspection Fees for Certification), is required to be paid.
(b) Applications. All applications for annual
				  inspection must be filed with the Seed Quality Program no later than 30 days
				  after planting.
(c) Licenses. All
				  applicants must be a Certified Seed Grower and possess the proper license under
				  the Chapter 62 of Texas Agriculture Code
(d) Varieties. Only varieties of industrial
				  hemp approved by the Texas Department of Agriculture Certification Program and
				  the Texas Department of Agriculture Hemp Program and are eligible for
				  certification.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter K - INDUSTRIAL HEMP SEED, FIELD STANDARDS › Section 10.54 - Field Standards

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Crop Inspection.
(1) The applicant shall notify the
				  department's Regional Office in the area in which the field is located, two
				  weeks prior to the time of the first inspection.
(2) It is the applicant's responsibility to
				  ensure that fields are registered and inspected by a representative of the
				  Texas Department of Agriculture at least once prior to swathing or harvesting.
				  Foundation, Registered, and Certified monoecious types and unisexual hybrids
				  and Foundation dioecious types shall be inspected by a representative of the
				  department at least two times.
(3)
				  A field that is cut, swathed or harvested prior to any required crop inspection
				  is not eligible for certification.
(4) Fields must be inspected at a stage of
				  growth when varietal purity is best determined. Crops not inspected at the
				  proper stage for best determining varietal purity may be cause for declining
				  certified status.
(A) First inspection for
				  all classes of monoecious types must be made just before or at early flowering.
				  First inspection for all classes of dioecious types must be made after
				  flowering when male plants are beginning to senesce.
(B) Second inspection for all classes of
				  monoecious types and the Foundation class of dioecious types must be made when
				  seeds are physiologically maturity.
(C) Isolation areas will be inspected for
				  volunteer industrial hemp plants on each inspection.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 11 - TEXAS OFFICE OF PRODUCE SAFETY › Subchapter A - GENERAL PROVISIONS › Section 11.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In addition to the definitions set forth in 21 CFR Part
					 112, the following words and terms, when used in this chapter, shall have the
					 following meanings, unless the context clearly indicates otherwise.
(1) Anniversary Date--The last day following
				  two years from the issuance of a Qualified Exemption.
(2) CFR--Code of Federal
				  Regulations.
(3) Department--The
				  Texas Department of Agriculture.
(4) Egregious condition--A practice,
				  condition, or situation on a covered farm or in a packing facility that is
				  undertaken as part of a covered activity that directly causes, or is likely to
				  directly cause:
(A) serious adverse health
				  consequences or death from the consumption of or exposure to covered produce;
				  or
(B) an imminent public health
				  hazard.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 11 - TEXAS OFFICE OF PRODUCE SAFETY › Subchapter A - GENERAL PROVISIONS › Section 11.2 - Covered Produce

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Covered
				  produce. Covered produce includes produce listed in
				  RSA
				  112.1.
(b) Produce that is not covered.
(1) The following produce is "not covered" by
				  the Produce Safety Rule under
				  RSA
				  112.2(a):
(A) produce that is produced by an individual
				  for personal consumption or produced for consumption on the farm or another
				  farm under the same management;
(B)
				  produce that is not a RAC; and
(C)
				  produce that is rarely consumed raw, specifically the produce on the following
				  exhaustive list: Asparagus; beans, black; beans, great Northern; beans, kidney;
				  beans, lima; beans, navy; beans, pinto; beets, garden (roots and tops); beets,
				  sugar; cashews; cherries, sour; chickpeas; cocoa beans; coffee beans; collards;
				  corn, sweet; cranberries; dates; dill (seeds and weed); eggplants; figs;
				  ginger; hazelnuts; horseradish; lentils; okra; peanuts; pecans; peppermint;
				  potatoes; pumpkins; squash, winter; sweet potatoes; and water
				  chestnuts.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 11 - TEXAS OFFICE OF PRODUCE SAFETY › Subchapter A - GENERAL PROVISIONS › Section 11.3 - Covered Farms

Current through Reg. 49, No. 28; July 12,
				  2024
Per
					 RSA
					 112.4, the following farms are covered by the
					 Produce Safety Rule and this chapter:
(1) a farm which produces covered produce
				  sold during the previous 3-year period in an amount more than $25,000 (on a
				  rolling basis), adjusted for inflation using 2011 as the baseline year for
				  calculating the adjustment;
(2) a
				  farm which has its primary production that is devoted to growing, harvesting
				  (such as hulling or shelling), packing, and/or holding of RAC; or
(3) a farm which performs covered activities,
				  including manufacturing/processing of covered produce on a farm, but only to
				  the extent that such activities are performed on RAC.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 11 - TEXAS OFFICE OF PRODUCE SAFETY › Subchapter A - GENERAL PROVISIONS › Section 11.4 - FDA Coordinated Outbreak Response and Evaluation ("CORE") Network

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to its cooperation agreement with
				  FDA, TOPS will work in coordination with the FDA's Coordinated Outbreak
				  Response and Evaluation ("CORE") Network to respond to an outbreak which has
				  been identified by CORE.
(b) FDA
				  will be the lead agency conducting on-site visits and inspections related to an
				  outbreak.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 11 - TEXAS OFFICE OF PRODUCE SAFETY › Subchapter B - COVERAGE AND EXEMPTIONS › Section 11.20 - Qualified Exemption

Current through Reg. 49, No. 28; July 12,
				  2024
(a) TOPS may
				  conduct a pre-assessment review to determine whether a farm is covered by the
				  Produce Safety Rule and/or eligible for a Qualified Exemption.
(1) A covered farm is eligible for a
				  Qualified Exemption if it meets the requirements of
				  RSA
				  112.5.
(2) A covered farm which is eligible for a
				  Qualified Exemption under
				  RSA
				  112.5, must establish and maintain adequate
				  records demonstrating compliance with criteria necessary for Qualified
				  Exemption as required by
				  RSA
				  112.7(b).
(3) A covered farm eligible for a Qualified
				  Exemption is subject to the modified requirements set forth in
				  RSA
				  112.6, and this chapter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 11 - TEXAS OFFICE OF PRODUCE SAFETY › Subchapter B - COVERAGE AND EXEMPTIONS › Section 11.21 - Verification of Exemption

Current through Reg. 49, No. 28; July 12,
				  2024
(a) A covered farm
				  shall be required to reaffirm eligibility for a Qualified Exemption upon its
				  Anniversary Date. Qualified Exemption determinations for covered farms shall be
				  valid for two years from the date of verification by TOPS.
(b) TDA will provide notice of the required
				  reaffirmation and renewal of a Qualified Exemption by sending a Qualified
				  Exemption Verification Form to the producer's last known address, as reflected
				  in TDA's records, at least 30 days prior to the Anniversary Date.
(c) Failure to return a Qualified Exemption
				  Verification Form within 45 days after the Anniversary Date shall result in a
				  required on-site visit by TOPS to reevaluate exemption, coverage, or
				  eligibility for a qualified exemption. Failure to return a Qualified Exemption
				  Verification Form within 60 days of the Anniversary Date shall result in the
				  presumption by TOPS that the farm is subject to all requirements of the Produce
				  Safety Rule and this chapter.
(d)
				  TOPS reserves the right to schedule, at any time, an on-site visit to verify
				  whether a farm is exempt, covered, or eligible for a Qualified
				  Exemption.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 11 - TEXAS OFFICE OF PRODUCE SAFETY › Subchapter B - COVERAGE AND EXEMPTIONS › Section 11.22 - Change in Eligibility

Current through Reg. 49, No. 28; July
				  12, 2024
If a farm's qualification for an exemption or eligibility
					 for a Qualified Exemption changes, or if its Qualified Exemption is withdrawn
					 by the FDA as outlined in 21 CFR Part 112, Subpart R, the farm will be
					 considered "Covered" and will be subject to all requirements of the Produce
					 Safety Rule and this chapter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 11 - TEXAS OFFICE OF PRODUCE SAFETY › Subchapter C - COMPLIANCE AND ENFORCEMENT › Section 11.40 - Right of Entry

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Right of Entry
				  to Determine Coverage or Verify Exceptions. TOPS may enter the premises of a
				  farm growing produce during normal business hours to determine coverage and/or
				  verify exceptions to the Produce Safety Rule.
(b) Right of Entry to Conduct Inspections.
				  TOPS may enter all locations or areas of a covered farm or Qualified Exempt
				  farm during operating hours where there are activities, conditions, produce,
				  and equipment, or at any other location where covered activities occur, to
				  conduct inspections.
(c) Egregious
				  Condition. TOPS may enter the premises of a covered and exempt/or Qualified
				  Exempt farm at any time to conduct an inspection in response to an egregious
				  condition at all locations or areas where there are activities, conditions,
				  produce, and equipment, or at any other location where covered activities
				  occur.
(d) Failure to Comply.
				  Refusal to allow a TOPS inspection, or interfering with TOPS' ability to
				  perform its duties under this section, shall result in a violation, as stated
				  in § 11.41 of this chapter, relating to Enforcement and
				  Penalties.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 11 - TEXAS OFFICE OF PRODUCE SAFETY › Subchapter C - COMPLIANCE AND ENFORCEMENT › Section 11.41 - Enforcement and Penalties

Current through Reg. 49, No. 28; July
				  12, 2024
(a) The
				  following actions may be taken, and penalties may be assessed in response to
				  findings of violations of the Produce Safety Rule.
Attached Graphic
(b) A corrective action plan must
				  be developed by the producer and approved by TOPS in response to one or more
				  findings by TOPS of a violation of the Produce Safety Rule. The producer must
				  implement the corrective action plan and demonstrate, upon a follow up
				  inspection by TOPS, that it has fully and permanently corrected the violations
				  of the Produce Safety Rule made the subject of the findings by TOPS in its
				  previous inspection.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 11 - TEXAS OFFICE OF PRODUCE SAFETY › Subchapter C - COMPLIANCE AND ENFORCEMENT › Section 11.42 - Stop Sale

Current through Reg. 49, No. 28; July 12,
				  2024
(a) TOPS may issue
				  a stop sale order upon a finding of an egregious condition or for repeated
				  failure to comply with one or more corrective action plans which may result in
				  risk to public health.
(b) A stop
				  sale order shall apply to all covered produce, lots, batches, or bins that are
				  determined to be non-compliant, at-risk, or affected by an egregious condition.
				  A stop sale order may also include covered produce that is stored or in
				  transit.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 11 - TEXAS OFFICE OF PRODUCE SAFETY › Subchapter C - COMPLIANCE AND ENFORCEMENT › Section 11.43 - Complaint Investigation

Current through Reg. 49, No. 28; July
				  12, 2024
(a) Any person
				  with reasonable cause to believe that a producer has violated the Produce
				  Safety Rule or this chapter may file a complaint with TOPS.
(b) TOPS may, in its sole discretion,
				  investigate the complaint and make a full written report.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 12 - WEIGHTS AND MEASURES › Subchapter B - DEVICES › Section 12.11 - Registration of Commercial Weighing and Measuring Devices

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Registration
				  Required. Except as provided by §
										RSA
				  12.13 of this chapter (relating to Devices
				  Subject to Registration and Inspection; Exemptions), a person who intends to
				  operate one or more devices for commercial transactions at a particular
				  location shall, prior to using the devices for commercial transactions:
(1) register the location where the devices
				  are to be operated; and
(2) provide
				  the public notice of registration required by subsection (i) of this
				  section.