reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 8 - AGRICULTURAL HAZARD COMMUNICATION REGULATIONS › Section 8.12 - Emergency Response

Current through Reg. 49, No. 28; July 12,
				2024
(a) Covered
				employers.
(1) A covered employer who normally
				stores covered pesticide chemicals within one-quarter of a mile of a
				residential area composed of three or more private dwellings shall provide to
				the fire chief of the fire department having jurisdiction over the storage
				place the name(s) and telephone number(s) of a knowledgeable representative(s)
				of the covered employer who can be contacted for further information, or in
				case of an emergency. This information shall be in writing.
(2) A covered employer, upon reasonable
				request, shall provide a copy of the workplace chemical list and attachments to
				the fire chief having jurisdiction over the storage place.
(3) A covered employer shall notify the fire
				chief of any significant changes in any workplace chemical list including
				changes in the types of covered pesticide chemicals being stored, a substantial
				increase in the volume of covered pesticide chemicals, a change in the storage
				location of covered pesticide chemicals, or a change in the identity of the
				employer's representative.
(4) A
				covered employer shall allow the fire chief having jurisdiction over the
				storage place, or the fire chief's representative, upon reasonable request, to
				conduct on-site inspections of the chemicals on the workplace chemical list to
				prepare fire department emergency response activities.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 9 - SEED QUALITY › Subchapter A - DEFINITIONS › Section 9.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In addition to the definitions in the Texas Agriculture
					 Code, Chapter 61, the following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Cultural practice--The
				  control of weeds by either mechanical or chemical means or a combination of
				  both.
(2) Germination--In seed
				  laboratory practice, the emergence and development from the seed embryo of
				  those essential structures which, for the kind of seed in question, are
				  indicative of the ability to produce a normal plant under favorable
				  conditions.
(3) Hybrid--The first
				  generation of seed of a cross produced by controlling the pollination and by
				  combining two or more inbred lines; one inbred or a single cross with an open
				  pollinated variety; or two selected clones, seed lines, varieties, or species.
				  The second generation or subsequent generations from such crosses shall not be
				  regarded as hybrids.
(4) Kind--One
				  or more related species or subspecies which singly or collectively is known by
				  one common name (example: corn, oat, alfalfa, and timothy).
(5) Licenses--Includes all Texas Tested Seed
				  Labels, Reporting Systems Permits and Vegetable Seed Licenses.
(6) Lot--A definite quantity of seed
				  identified by a lot number or other mark, every portion or bag of which is
				  uniform within recognized tolerances for the factors which appear in the
				  labeling.
(7) Noxious weed
				  seed--Seeds, bulblets, or tubers of certain species designated in §
										9.9 of this chapter (relating to
				  Noxious Weed Seed) and considered highly objectionable and difficult to
				  eradicate. Noxious weed seeds are divided into two classes, prohibited and
				  restricted, and defined as follows:
(A)
				  Prohibited noxious weed seeds are the seeds or bulblets of weeds that reproduce
				  by seed and/or spread by underground roots, stems, and other reproductive
				  parts, and which, when established, are highly destructive and difficult to
				  control by ordinary good cultural practice;
(B) Restricted noxious weed seeds are the
				  seeds of such weeds that are objectionable in fields, lawns, and gardens, but
				  can be controlled by good cultural practices.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 9 - SEED QUALITY › Subchapter B - CLASSIFICATION OF LICENSES › Section 9.2 - Agricultural Seed

Current through Reg. 49, No. 28; July 12,
				  2024
(a) In addition to
				  the requirements of the Texas Agriculture Code (Code), §61.011, any person
				  who sells, offers, exposes, or otherwise distributes for sale agricultural seed
				  within this state for planting purposes shall pay an inspection fee thereon by
				  purchasing Texas Tested Seed Labels or by the Reporting System Permit. A person
				  may not use both the Texas Tested Seed Label and the Reporting System Permit
				  during the same quarter except when the person's previously purchased supply of
				  Texas Tested Seed Labels is exhausted and the person is changing from the Texas
				  Tested Seed Label to the Reporting System Permit. Invoices must reflect if the
				  inspection fee was paid by means of Texas Tested Seed Labels. Any change from
				  the Reporting System Permit to the Texas Tested Seed Label or vice versa must
				  begin on the first day of a quarter (September 1, December 1, March 1, or June
				  1). A person changing from the Reporting System Permit to the Texas Tested Seed
				  Label may order such labels prior to the beginning of the quarter, provided the
				  department is advised in writing of the person's intentions.
(b) Texas Tested Seed Label. When an
				  inspection fee is paid by means of a Texas Tested Seed Label, the person who
				  distributes, sells, offers for sale, or exposes for sale agricultural seed
				  shall:
(1) purchase the Texas Test Seed
				  Labels from the department at a cost of $0.45 for each 100-pound container of
				  seed or fraction thereof; and
(2)
				  attach such label printed with all of the analysis information required under
				  the Code, §61.004, to each container of seed sold, offered for sale, or
				  otherwise distributed for sale for planting purposes within this state; unless
				  the seed is sold in bulk, in which case the person selling, offering, exposing,
				  or otherwise distributing the seed for sale shall furnish the purchaser one
				  Texas Tested Seed Label for each 100 pounds of seed or fraction
				  thereof.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 9 - SEED QUALITY › Subchapter B - CLASSIFICATION OF LICENSES › Section 9.3 - Vegetable Seed

Current through Reg. 49, No. 28; July 12,
				  2024
(a) A person may
				  not sell, offer, expose, or otherwise distribute for sale vegetable seed for
				  planting purposes in this state unless such person first obtains a vegetable
				  seed license from the department.
(b) A person desiring a vegetable seed
				  license shall submit to the department an "Application for Vegetable Seed
				  License" form prescribed by the department accompanied by a license fee in the
				  amount of $350.
(c) A vegetable
				  seed license must be obtained by each person whose name and address appears on
				  the label of the seed.
(d) Upon
				  approval of an application and the receipt of the license fee, the department
				  shall issue a vegetable seed license to the applicant.
(e) A Vegetable Seed License issued under
				  this section shall remain in force and effect until:
(1) the expiration date of the
				  license;
(2) canceled upon written
				  request of the licensee; or
(3)
				  canceled, suspended, or modified by the department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 9 - SEED QUALITY › Subchapter C - SEED TESTING › Section 9.4 - Procedures and Tolerances

Current through Reg. 49, No. 28; July 12,
				  2024
The department hereby adopts by reference Rules for Testing
					 Seeds of the Association of Official Seed Analysts, as to procedures, methods,
					 and tolerances for seed testing, except that in enforcement, no tolerance will
					 be allowed for balloonvine, castorbean, field bindweed, hedge bindweed,
					 itchgrass, serrated tussock, or tropical soda-apple. A tolerance of one will be
					 allowed for cocklebur. A tolerance of one will be allowed for nutsedge tubers
					 in a two-pound sample. If nutsedge tubers are found in excess of this
					 tolerance, an additional 50 pounds will be required for testing. The tolerance
					 of one nutsedge tuber will be allowed in this 50-pound sample. The tolerance
					 allowed for pure live seed will be the same as for germination. A laboratory
					 test used for labeling purposes must be made by the department, the official
					 state seed laboratory of another state, or a Registered Seed
					 Technologist/Society of Commercial Seed Technologist member laboratory.
					 Information relative to obtaining copies of the material adopted by reference
					 may be obtained by contacting the Texas Department of Agriculture, Seed Quality
					 Program, P.O. Box 629, Giddings, Texas 78942. A copy is also available for
					 public inspection at the Texas Department of Agriculture, Seed Quality Program,
					 W. H. (Bill) Pieratt Building, Giddings, Texas.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 9 - SEED QUALITY › Subchapter C - SEED TESTING › Section 9.5 - Seed Testing

Current through Reg. 49, No. 28; July 12,
				  2024
(a) At the request
				  of a farmer or dealer, the department will provide for the testing of seed for
				  germination and/or vigor. The department will also conduct red rice examination
				  for rice samples submitted to the department as required in §
										10.15 of this title (relating to
				  Genetic Seed Certification Standards). The following schedule of tests and
				  charges per sample submitted shall be applicable to all services of testing of
				  agricultural seed and vegetable seed conducted by the department:
(1) standard germination only test: $60 for
				  each component;
(2) standard
				  germination only test on grasses: $90 for each component;
(3) vigor test: $45 for each
				  component;
(4) examination 10-pound
				  rice seed sample for presence of red rice: $45 each; and
(5) examination 50-pound rice seed sample for
				  presence of red rice: $85 each
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 9 - SEED QUALITY › Subchapter D - LABELING PROVISIONS › Section 9.6 - Agricultural Seed

Current through Reg. 49, No. 28; July 12,
				  2024
(a) All seed must
				  be labeled according to these provisions unless clearly labeled "not for sale
				  for sowing purposes" or some similar statement of same meaning.
(b) Kinds of agricultural seed generally
				  labeled as to variety.
(1) When any of the
				  following kinds of agricultural seed is present in excess of 5.0% of the whole,
				  it must be labeled to show the variety name or the words "variety not stated":
				  alfalfa; bahiagrass; barley; bean, field; beet, field; brome, smooth;
				  broomcorn; clover, crimson; clover, red; clover, white; corn, field; corn, pop;
				  cotton; cowpea; crambe; fescue, tall; flax; lespedeza, striate; millet,
				  foxtail; millet, pearl; oats; pea, field; peanut; rice; rye; safflower;
				  sorghum; sorghum-sudangrass; soybean; sudangrass; sunflower; tobacco; trefoil,
				  birdsfoot; triticale; wheat.
(2) If
				  the name of a variety is given, the name may be associated with the name of the
				  kind with or without the words "kind and variety."
(3) The percentage of pure seed shown in such
				  a case shall apply only to the variety except for labeling of hybrids as
				  provided for in §
											RSA 9.8
				  of this title (relating to Hybrid Agricultural Seed).
(4) If separate percentages for the kind(s),
				  variety(s), or hybrid(s) are shown, the name of the kind and the name of the
				  variety or the term "hybrid," or the term "variety not stated" shall be clearly
				  associated with the respective percentages.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 9 - SEED QUALITY › Subchapter D - LABELING PROVISIONS › Section 9.7 - Vegetable Seed

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Vegetable seed
				  in containers weighing less than one pound may be labeled as to the year for
				  which the seed was packaged for sale in lieu of the actual date of test. If
				  this procedure for labeling is used, the words "packed for" must precede the
				  year. The year packed for will cover a period of time beginning August 1 of the
				  current year through September 30 of the following year. No seed showing packed
				  for the next year shall be offered for sale to the ultimate consumer:
(1) before August 1 of present year or after
				  September 30 of the next year; and
(2) for a period of time exceeding 12
				  consecutive months during the year for which it was packed.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 9 - SEED QUALITY › Subchapter E - SPECIAL PROVISIONS FOR LABELING › Section 9.8 - Hybrid Agricultural Seed

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) If any
				  one kind or kind and variety of seed present in excess of 5.0% is hybrid seed,
				  it shall be designated hybrid on the label. The percentage that is hybrid shall
				  be at least 95% of the percentage of pure seed shown unless the percentage of
				  pure seed which is hybrid is shown separately. If two or more kinds or
				  varieties are present in excess of 5.0% and are named on the label, each that
				  is hybrid shall be designated as hybrid on the label. Any one kind or kind and
				  variety that has pure seed which is less than 95% but more than 90% hybrid as a
				  result of incompletely controlled pollination in a cross shall be labeled to
				  show the percentage of pure seed that is hybrid. No kind or variety of seed
				  shall be labeled as hybrid if the pure seed contains less than 90% hybrid seed,
				  except hybrid wheat, hybrid millet and hybrid cotton.
(b) Hybrid wheat, hybrid millet and hybrid
				  cotton shall be labeled the same as all other hybrids except that any one kind
				  or kind and variety that has pure seed which is less than 95% but more than 75%
				  hybrid seed as a result of incompletely controlled pollination in a cross shall
				  be labeled to show:
(1) the percentage of pure
				  seed that is hybrid seed; or
(2) a
				  statement such as "contains from 75% to 95% hybrid seed." No one kind or
				  variety of seed shall be labeled as hybrid if the pure seed contains less than
				  75% hybrid seed.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 9 - SEED QUALITY › Subchapter E - SPECIAL PROVISIONS FOR LABELING › Section 9.9 - Noxious Weed Seed

Current through Reg. 49, No. 28; July 12,
				  2024
It shall be unlawful to sell, offer for sale, or expose for
					 sale any agricultural or vegetable seed for planting purposes in Texas
					 containing noxious weed seed in excess of the following limitations per
					 pound.
(1) Prohibited noxious weed
				  seeds are:
Attached
					 Graphic
(2)
				  Restricted noxious weed seeds and limitations per pound are:
Attached
					 Graphic
(3) If
				  bermudagrass (Cynodon dactylon) or giant bermudagrass (Cynodon spp.) occurs in
				  excess of 5.0% of the whole by weight, its presence therein must be indicated
				  as an agricultural seed on the labeling of such seed. When either bermudagrass
				  or giant bermudagrass is considered an agricultural seed, the seed of the other
				  kind, if present shall also be classified as an agricultural seed and must meet
				  the requirements for labeling of agricultural seed.
(4) Johnsongrass includes sorghum almum
				  (Sorghum almum) and all seeds indistinguishable from Johnsongrass. If
				  Johnsongrass occurs in excess of 5.0% of the whole by weight, its presence
				  therein must be indicated as an agricultural seed on the label of such
				  seed.
(5) Restricted noxious weed
				  seeds in any combination in excess of 500 per pound are prohibited from sale,
				  provided, however, that the rate per pound of annual bluegrass, bermudagrass,
				  giant bermudagrass, Johnsongrass and morningglory are exempt from the total
				  count.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 9 - SEED QUALITY › Subchapter E - SPECIAL PROVISIONS FOR LABELING › Section 9.10 - Treated Seed

Current through Reg. 49, No. 28; July 12,
				  2024
Treated seed must meet the most current labeling
					 requirements adopted in the Federal Seed Act regulations. The Department of
					 Agriculture hereby adopts by reference the requirements found at 7 Code of
					 Federal Regulations §201.31a. Information relative to obtaining copies of
					 the material adopted by reference may be obtained by writing to the Texas
					 Department of Agriculture, Seed Quality, P.O. Box 629, Giddings, Texas 78942. A
					 copy is also available for public inspection at the Texas Department of
					 Agriculture, Seed Quality, W.H. (Bill) Pieratt Building, Giddings,
					 Texas.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 9 - SEED QUALITY › Subchapter E - SPECIAL PROVISIONS FOR LABELING › Section 9.11 - Hermetically-Sealed Containers

Current through Reg. 49, No. 28; July 12,
				  2024
For agricultural and vegetable seeds labeled and packed in
					 a hermetically-sealed container; the nine-month limitation on testing is
					 extended as provided herein, if the following conditions are met:
(1) The germination test shall be completed
				  within 36 months, not including the calendar month in which the test was
				  completed, immediately prior to being sold or offered, exposed, or transported
				  for sale.
(2) The seed was packaged
				  in the hermetically-sealed container within nine months after
				  harvest.
(3) The container does not
				  allow water vapor penetration (WVP) through any wall, including the seals,
				  greater than 0.05 grams of water per 24 hours per 100 square inches of surface
				  at 100 degrees Fahrenheit with a relative humidity on one side of 90% and on
				  the other side of 0.00%. WVP is measured by the standards of the U.S. Bureau of
				  Standards as: gm. H20/24 hour/100 sq. in./100 degrees F/90% RH V.0%
				  RH.
(4) The percentage of moisture
				  of the seed, on a wet weight basis, does not exceed the maximum allowable
				  percentage for that kind as shown in the following list.
Attached
					 Graphic
(5) The
				  container is conspicuously labeled to indicate:
(A) that the seed is hermetically
				  sealed;
(B) that the seed has been
				  preconditioned as to moisture content;
(C) the calendar month and year in which the
				  germination test was completed or an expiration date may be labeled in lieu of
				  the actual date of test or year for which the seed was packaged. If this
				  procedure for labeling is used, the words "Texas expiration date," "expiration
				  date," "exp. date," or "TX exp. date" must precede the month and year. Unless
				  otherwise specified, the expiration date will be the last day of the month
				  designated; and
(D) all other
				  labeling information required by the Texas Agriculture Code, Chapter 61, and
				  this chapter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 9 - SEED QUALITY › Subchapter F - SAMPLING PROCEDURES › Section 9.12 - Seed Sampling Procedures

Current through Reg. 49, No. 28; July 12,
				  2024
(a) General
				  procedure.
(1) In order to secure a
				  representative sample, equal portions shall be taken from evenly distributed
				  parts of the quantity of seed to be sampled. Access shall be had to all parts
				  of that quantity. When more than one trierful of seed is drawn from a bag,
				  different paths shall be followed. When more than one handful is taken from a
				  bag, the handfuls shall be taken from well-separated points.
(2) For free-flowing seed in bags or bulk, a
				  probe, or trier shall be used. For small free-flowing seed in bags, a probe or
				  trier long enough to sample all portions of the bag should be used.
(3) Nonfree-flowing seed, such as certain
				  grass seed, uncleaned seed, or screenings, difficult to sample with a probe or
				  trier, shall be sampled by thrusting the hand into the bulk and withdrawing
				  representative portions. The hand is inserted in an open position and the
				  fingers are held closely together while the hand is being inserted and the
				  portion withdrawn.
(4) As the seed
				  or screenings are sampled, each portion shall be examined. If there appears to
				  be lack of uniformity, the portions shall not be combined into a composite
				  sample but shall be retained as separate samples or combined to form individual
				  container samples to determine such lack of uniformity as may exist.
(5) When the portions appear to be uniform,
				  they shall be combined to form a composite sample.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter A - GENERAL REQUIREMENTS › Section 10.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Controlling the
				  pollination--A method of hybridization which will produce pure seed which is at
				  least 75% hybrid seed.
(2) Field--A
				  parcel of land clearly defined by distinct boundary lines.
(3) Hybrid seed--The first generation seed of
				  a cross produced by controlling the pollination and by combining two or more
				  inbred lines, one inbred or a single cross with an open pollinated variety, or
				  two selected clones, seed lines, varieties, or species.
(4) Kind--One or more related species or
				  subspecies which singly or collectively is known by one common name (example:
				  corn, oat, alfalfa, and timothy).
(5) Off-type--A plant or seed which deviates
				  in one or more characteristics from that which has been described in accordance
				  with §
										RSA
				  10.2(b) of this title
				  (relating to Eligibility of Varieties).
(6) Open-pollinated seed--Seed produced as a
				  result of natural pollination, as opposed to hybrid seed produced as a result
				  of controlled pollination.
(7) Seed
				  Quality Program--A division of the Texas Department of Agriculture responsible
				  for administering certification standards.
(8) Select seed--A class of tree seed which
				  shall be the progeny of rigidly selected trees or stands of untested parentage
				  that have promise but not proof of genetic superiority, and further, for which
				  geographic source and elevation shall be stated on the certification
				  label.
(9) Source-identified--A
				  class of tree seed defined as seed from:
(A)
				  natural stands with known geographic source and elevation; or
(B) a plantation of known geographic
				  locations, as specified in the standards of the certifying agency.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter A - GENERAL REQUIREMENTS › Section 10.2 - Eligibility of Varieties

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Interagency
				  certification as allowed by the Federal Seed Act.
(1) Interagency certification of a variety by
				  Texas shall not be construed as meaning the variety is necessarily approved for
				  certification under the Texas requirements.
(2) A $200 fee will be assessed and must be
				  paid for each lot of seed on which interagency certification is
				  requested.
(3) Seed to be
				  recognized for interagency certification must be received in containers
				  carrying official certification labels, or if shipped for conditioning,
				  evidence of its eligibility from another official certifying agency, together
				  with the following information (forms are available from the Seed Quality
				  Program for this purpose):
(A)
				  variety;
(B) quantity of
				  seed;
(C) class of certified seed;
				  and
(D) inspection or lot number
				  traceable to the previous certifying agency's records.
(4) Each label used in interagency
				  certification shall be serially numbered, or carry the certification identity
				  number, and clearly identify the certifying agencies involved, and the variety,
				  kind and class of certified seed.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter A - GENERAL REQUIREMENTS › Section 10.3 - Approval of Applicant under Certification

Current through Reg.
				  49, No. 28; July 12, 2024
(a) An applicant for licensing as a
				  "Registered Plant Breeder" or a "Certified Seed Grower" as provided in the Act,
				  shall be a person, firm, or corporation of good character and have a reputation
				  for honesty, competency and fair dealing. All applicants for a license shall
				  pay a fee of $250 at the time of application.
(b) All applicants for licensing shall
				  furnish such information as the board may require and shall appear in person
				  before said board if so requested.
(c) When an applicant has satisfied the State
				  Seed and Plant Board as to qualifications and ability to produce certified seed
				  and all other requirements for certification have been met, the State Seed and
				  Plant Board shall issue a certificate evidencing the fact that the applicant is
				  fully licensed as a registered plant breeder or certified seed
				  grower.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter A - GENERAL REQUIREMENTS › Section 10.4 - Limitations of Generations

Current through Reg. 49, No. 28; July 12,
				  2024
The number of generations through which a variety may be
					 multiplied shall be limited to that specified by the originating breeder or
					 owner of a variety, but shall not exceed two generations beyond foundation
					 seed, with the following exceptions:
(1) Unlimited recertification of the
				  certified class may be permitted for older crop varieties where foundation seed
				  is not being maintained.
(2) The
				  production of an additional generation of the certified class only may be
				  permitted on a one year basis when an emergency is declared by the State Seed
				  and Plant Board stating that foundation and registered seed supplies are not
				  adequate to plant the needed certified acreage of the variety. The permission
				  of the originating or sponsoring plant breeder, institution, firm, or owner of
				  the variety, if existent, must be obtained. The additional generation of
				  certified seed to meet the emergency need is ineligible for
				  recertification.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter A - GENERAL REQUIREMENTS › Section 10.5 - Application for Field Inspection

Current through Reg. 49, No. 28;
				  July 12, 2024
(a)
				  Applications must be made on forms obtained from the Seed Quality Program. The
				  application fee must be submitted along with specific acreage inspection fees.
				  The acreage inspection fee will be refunded if the application is canceled in
				  time to save an inspector making a trip to the field.
(b) A late fee of $100 will be assessed and
				  must be paid for each field on which certification is requested after the
				  deadline date established for each specific crop. Applications will not be
				  accepted if it can be determined by the certifying agency that the crop is too
				  far advanced in development to allow satisfactory inspection.
(c) Applicants must furnish, with the
				  application, a certification label, analysis label, and a copy of the stock
				  purchase invoice from the seller showing the kind and variety, certification
				  class, quantity, and the date of transaction for each lot of seed to be
				  increased. Provided, however, a copy of the stock purchase invoice need not be
				  furnished with the application when eligible production for certification
				  increase is planted back by the producer. The applicant must also submit a map
				  with scale of at least one inch = two miles, showing exact location of each
				  field for which inspection is requested. Each field must be identified by a
				  field identification number on a sign or stake at a point of common
				  entry.
(d) Unless otherwise
				  specified when two or more seed crops are produced during the year from the
				  same stand, a separate application and field inspection fee must be filed for
				  each crop, and each crop must be inspected in accordance with the specific crop
				  standards. When application is made for inspection of other than the first
				  crop, it should be so identified on the application form, i.e., "second crop,
				  third crop."
(e) The applicant may
				  request reinspection of a rejected field provided the cause for rejection can
				  be corrected and provided the applicant resubmits an inspection fee for the
				  acreage involved. In no case will the reinspection fee be less than $100.
				  Request for reinspection of a rejected field will not be accepted if it can be
				  determined that the inspector will not be able to visit the field in sufficient
				  time before harvest to make a satisfactory inspection.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter A - GENERAL REQUIREMENTS › Section 10.6 - Handling of Crop Prior to Inspection

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) Care
				  must be exercised in planting to avoid mixing of the variety in the seeding
				  equipment and in the transporting vehicle. The applicant must see that these
				  machines are thoroughly cleaned in order to safeguard the purity of the seed.
				  Identity of the seed must be maintained at all times.
(b) Every field for which certification is
				  requested shall show evidence of good management and shall show that reasonable
				  precaution has been taken to control contamination by other varieties. Constant
				  roguing must be practiced throughout the season. The right is reserved to
				  reject a field on general certification principles when weeds, diseases, or
				  lack of good management make accurate inspection difficult or
				  impossible.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter A - GENERAL REQUIREMENTS › Section 10.7 - Field Inspection

Current through Reg. 49, No. 28; July 12,
				  2024
(a) 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 required
				  inspection.
(b) One or more field
				  inspections shall be made by an approved inspector of the department when
				  genetic purity and identity, or any other factor affecting certification, can
				  best be determined. The tolerances for the field standards shall be based on
				  plants and not heads unless otherwise specified.
(c) Unless otherwise specified and if, in the
				  opinion of the inspector, such action is justified, a portion of a field may be
				  certified provided the portion not certified or that is rejected is destroyed
				  or removed before pollen shed has an opportunity to produce contamination. If
				  pollen contamination is not a factor, the portion not certified or that is
				  rejected may be destroyed or removed either before or after harvest of the
				  eligible portion in a manner to prevent admixing. The portion not certified or
				  that is rejected shall be clearly defined by stakes, flags, etc. at the time
				  the decision is made.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter A - GENERAL REQUIREMENTS › Section 10.10 - Labels

Current through Reg. 49, No. 28; July 12, 2024
(a) Distribution of seed represented as being
				  of a certified class before the commodity standards and general requirements
				  have been met, shall be grounds for cancellation of the applicant's eligibility
				  and shall be cause for recall of all certification labels issued to the
				  applicant.
(b) Forms for ordering
				  certification labels are available from the Seed Quality Program.
(c) Unless otherwise specified, all classes
				  of certified seed offered for sale must be sacked in new, clean, even weight
				  containers. The certification label must be affixed to each container in such a
				  way as to prevent easy removal and reattachment. The use of a minimum of two
				  staples of heavy enough quality to cause the label to be torn or obviously
				  mutilated when removed, is considered as one acceptable method of
				  attachment.
(d) All classes of
				  certified seed, when offered for sale, shall have an official certification
				  label affixed to each container clearly identifying the certifying agency, the
				  reference number, the variety name, and the kind and class of seed. All classes
				  of certified seed offered for sale shall bear the proper certification label
				  issued by the Seed Quality Program. Such labels shall bear the state seal.
				  Unless the specific standard provides for an additional label color, the labels
				  shall be printed as follows:
(1) foundation
				  label on a background of white;
(2)
				  registered label on a background of purple; or
(3) certified label on a background of
				  blue.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter A - GENERAL REQUIREMENTS › Section 10.11 - Bulk Sales

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Requirements
				  for sale. The Foundation class of seed may not be sold in bulk. The Registered
				  class of only small grains and rice and the Certified class of any crop kind
				  may be sold in bulk provided the identity of the seed is carefully maintained
				  and the seed is handled in a manner which prevents a mixture. All field and
				  seed standards other than even weight bagging must be met prior to date of
				  sale.
(b) Seller's responsibility.
				  It is the seller's responsibility to:
(1)
				  handle seed in a manner to prevent mixtures and contamination;
(2) supply seed that is representative of the
				  seed tested and approved for certification;
(3) insure that all bins, augers, conveyors,
				  and other equipment are adequately cleaned before handling certified
				  seed;
(4) determine that the
				  vehicle receiving bulk certified seed is clean;
(5) keep a sample of each load of bulk
				  certified seed sold; and
(6) not
				  accept any returned seed.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter B - FIELD INSPECTION CHART › Section 10.12 - Number and Time of Field Inspections

Current through Reg. 49, No. 28;
				  July 12, 2024
The following chart designates the date of application and
					 time of field inspection for various crop kinds, as required for seed
					 certification.
Attached
					 Graphic
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter C - ACREAGE INSPECTION FEES FOR CERTIFICATION › Section 10.13 - Inspection Fees for Certification

Current through Reg. 49, No. 28;
				  July 12, 2024
The following chart designates fees per acre for various
					 crop kinds as required for seed certification.
Attached Graphic
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter D - LABORATORY ANALYSIS CHART › Section 10.14 - Minimum Amount of Seed Required for Laboratory Analysis

Current through
				  Reg. 49, No. 28; July 12, 2024
The following chart details the minimum amount of seed
					 required for laboratory analysis.
Attached Graphic
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 10 - SEED CERTIFICATION STANDARDS › Subchapter E - GENETIC SEED CHART › Section 10.15 - Genetic Seed Certification Standards

Current through Reg. 49, No.
				  28; July 12, 2024
The Genetic Seed Certification Chart and footnotes are
					 adopted by reference by the State Seed and Plant Board for the purpose of seed
					 certification for genetic identity only. Copies may be obtained from the Texas
					 Department of Agriculture, Seed Quality Program, P.O. Box 629, Giddings, Texas
					 78942.
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 10.16 - Length of Stand Requirements

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Alfalfa.
(1) The region of adaptation for seed
				  production of a given variety shall be that recommended by the originating
				  plant breeder. This shall meet the requirements of the National Certified
				  Alfalfa Variety Review Board. When a variety is grown within its designated
				  region of adaptation, certification is limited to a maximum of three
				  generations from breeders seed. The three generations are foundation,
				  registered, certified, i.e., breeder seed to foundation seed; foundation seed
				  to registered seed; registered seed to certified seed.
(2) When a variety is grown outside its
				  designated region of adaptation, certification is limited to one generation
				  from foundation or registered seed, i.e., foundation to certified or registered
				  to certified.
(3) The certified
				  class is limited to seed crops produced from the same stand, not to exceed a
				  six-year period, beginning with the year in which the crop is first seeded.
				  Application must be made each year whether seed production is intended or not,
				  if certification is desired in a later year.
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 10.17 - Restrictions on Number of Varieties Per Farm

Current through Reg. 49,
				  No. 28; July 12, 2024
(a) Arrowleaf clover. Only one variety of
				  arrowleaf clover may be grown on a farm for seed production. A farm is any size
				  body of land operated by one farmer which is not adjacent to any other body of
				  land operated by the same farmer. When adjacent bodies of land are rented or
				  leased by the same farmer from different owners, each body of land shall be
				  considered a separate farm.
(b)
				  Cotton. Production must be on a one-variety farm when specified by the
				  originating breeder and/or institution. A farm is any size body of land
				  operated by one farmer which is not adjacent to any other body of land operated
				  by the same farmer. When adjacent bodies of land are rented or leased by the
				  same farmer from different owners, each body of land shall be considered a
				  separate farm.
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 10.18 - Definition of Terms and Other Requirements

Current through Reg. 49,
				  No. 28; July 12, 2024
(a) Corn.
(1) Hybrid corn is seed to be planted for any
				  use except seed. It may be any one of the following:
(A) a single cross, i.e., a first generation
				  of cross between two inbred lines;
(B) a double cross, i.e., the first
				  generation of a cross between two single crosses;
(C) a three way cross, i.e., the first
				  generation of a cross between a single cross and an inbred line; or
(D) a top cross, i.e., the first generation
				  of a cross between an inbred line and an open pollinated variety, or the first
				  generation of a cross between a single cross and an open pollinated
				  variety.
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 10.19 - Tolerances and Detasseling Requirements for Corn

Current through Reg.
				  49, No. 28; July 12, 2024
(a) Pollen rows in each field must be
				  identified by stakes at each end.
(b) Upon request, a representative of the
				  firm applying for certification of hybrid corn seed will accompany the
				  inspector to each field, subject to certification at least 10 days prior to
				  detasseling.
(c) Single cross
				  fields submitted for inspection for the foundation class will not be approved
				  if, at any one inspection more than one-fifth of 1.0% of the stalks of the
				  female parent have shed pollen and at the same time more than 1.0% of the
				  stalks of the female parent have receptive stalks. Any plant in an inbred or
				  single cross field submitted for inspection for the foundation class that is
				  shedding pollen in male sterile rows must be completely destroyed at
				  pollinating time to eliminate the possibility of its seed production.
(d) Commercial hybrid seed fields submitted
				  for inspection for certification will not be accepted if at any one inspection
				  more than 1.0% of the stalks of the female parent have shed pollen and at the
				  same time more than 5.0% of the stalks of the female parent have receptive
				  silks. The total for three inspections shall not exceed 2.0%.
(e) Detasseling.
(1) Tassels shall be removed thoroughly
				  enough so that not more than 1.0% of the plants in seed rows on any one
				  inspection, or not more than 2.0% of the total of any three inspections, shall
				  have shed pollen while more than 3.0% of the seed parent plants have receptive
				  silks. Such percentage is to be determined on the basis of stalks large enough
				  to be in the detasseling stage.
(2)
				  The following shall be used in defining a shedding tassel and a receptive silk.
(A) Shedding tassel. In fertile fields, a
				  shedding tassel shall be considered as shedding or having shed pollen when
				  there are two inches or more of the exposed center spike and/or panicle
				  branches showing exerted anther sacs. One- fifth of a shredding tassel shall be
				  counted if a total of less than two inches of the center spike and/or panicle
				  branches show exerted anther sacs. In sterile fields, tassels shedding less
				  than 50% pollen shall be counted as one-tenth of a full tassel. The exerted
				  anther sacs on cytoplasmic male sterile seed parents must be shedding if
				  classed as a shedding tassel.
(B)
				  Receptive silks. Receptive silks shall be regarded as susceptible for
				  fertilization when any fresh turgid silks are showing on the ear. As soon as a
				  silk wilts it is regarded as fertilized, although it may not become brown or
				  dry for one or two days after fertilization.
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 10.20 - Bagging Procedures for Grain and Forage Type Sorghum

Current
				  through Reg. 49, No. 28; July 12, 2024
(a) Requirements for production of registered
				  seed for growers' own increase or for commercial distribution. (It is
				  recommended that new growers obtain the assistance of the inspector or an
				  established grower to learn bagging techniques.)
(1) A paper bag of adequate size and good
				  quality should be used. Bags may be tied or fastened with wire
				  staples.
(2) Bagging should be
				  started when the first plants come into full boot, but may be done any time
				  before heads shed pollen.
(3) The
				  grower shall notify the Regional Office in the area in which he resides of the
				  date he expects to begin bagging.
(4) Good, thrifty plants which have had an
				  opportunity for normal development should be selected. Bags should be placed
				  over the head and securely fastened.
(5) The grower should raise the bags on the
				  stalk when necessary to prevent the head from puncturing the bag. All heads
				  which become exposed must be discarded immediately. Bags should remain on the
				  plants until the fertilization is complete. Time required for completion of
				  fertilization ranges from ten days to two weeks.
(6) After fertilization is completed on the
				  bagged heads, the paper bags shall be split open, pulled down from over the
				  head, and left fastened to the stalk. The bagged heads can thus be identified
				  when they are ready for harvest.
(7) When the seed from the bagged heads are
				  fully mature, they should be hand headed, stored, and allowed to thoroughly
				  dry. Seed must be threshed or rubbed out, properly identified, and stored under
				  conditions to prevent any mechanical mixtures.