reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-12 - Establishing the Source of Seed

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The certifying agency shall be supplied
				with satisfactory evidence of the class and source of seed used to plant each
				crop being considered for certification.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-13 - Eligibility Requirements for Certified Crop Varieties

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Minimum standards of the Association of
				Official Seed Certifying Agencies (AOSCA) shall be met. Only those varieties
				that are accepted as meriting certification, in accordance with the criteria
				provided by the West Virginia Department of Agriculture, are eligible for
				certification. The department may deny or suspend certification when considered
				appropriate. Non-Certified seed or grains may be eligible for official AOSCA
				labels as outlined in the
AOSCA Quality Assurance (QA) Program
or the
General Standards for the Identity Preserved (IP)
				Program
.
13.1.1. Varieties will
				normally be considered eligible for certification if the variety has received
				favorable action by one or more of the following:
13.1.1.a. The National Variety Review Board
				(if one exists for that crop);
13.1.1.b. The Plant Variety Protection
				Office;
13.1.1.c. Another official
				seed certification agency; or
13.1.1.d. Variety is eligible for
				certification under the OECD Seed Schemes.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-14 - Uniform System for Bringing Varieties into Certification in the United States

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. AOSCA and the
				certifying agency shall require the originator, developer or owner of the
				variety, or agent thereof, to make the following information available when
				eligibility for certification is requested:
14.1.1. The name of the variety or temporary
				designation. Family, kind, genus and species;
14.1.2. A statement concerning the variety's
				origin and the breeding procedure used in its development;
14.1.3. The genealogy, including public and
				private varieties, lines or clones used and the breeding method;
14.1.4. Details of subsequent stages of
				selection and multiplication;
14.1.5. The type and frequency of variants
				during reproduction and multiplication and how these variants may be
				identified;
14.1.6. Evidence of
				stability;
14.1.7. A detailed
				description of the morphological, physiological and other characteristics of
				the plant and seed that distinguish it from other varieties;
14.1.8. Special characteristics of the seed
				and of the plant as it passes through the seedling stage, flowering stage and
				the fruiting stage;
14.1.9.
				Description of the mature plant and comparison with similar commercially
				available varieties grown under the same conditions;
14.1.10. Evidence supporting the identity of
				the variety, such as comparative yield data, insect and disease resistance, or
				other factors supporting the identity of the variety;
14.1.11. A statement delineating the
				geographic area or areas of adaptation of the variety;
14.1.12. A statement of the plans and
				procedures for the maintenance of seed classes, including the number of
				generations through which the variety may be multiplied;
14.1.13. A description of the manner in which
				the variety is constituted when a particular cycle of reproduction or
				multiplication is specified;
14.1.14. Any additional restrictions on the
				variety, specified by the breeder, with respect to geographic area of seed
				production, age of stand or other factors affecting genetic purity;
14.1.15. A sample of seed representative of
				the variety as marketed;
14.1.16. A
				declaration of the PVP (Plant Variety Protection) status as yes, no or
				undecided. The originator shall also declare if the variety is to be sold by
				name only as a class; and
14.1.17.
				The names of certifying agencies expected to certify seed.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-15 - Standards for Handling Experimental Lines

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The Experimental Line Program provides
				guidelines for seed increase using published AOSCA field and seed standards
				during the final stages of testing an experimental line so that classes of
				certified seed may be available in the event of the line being released as a
				variety. The program is to be used for seed production of an experimental line
				that has not been reviewed or accepted into certification. Seed produced using
				this program cannot be sold or represented as a class of certified seed, nor
				should it be included in a certified seed mix or blend the experimental line
				has been accepted as a variety for certification.
15.1.1. The following definitions apply to
				this section:
15.1.1.a. Experimental Line: A
				germplasm that has not been released and/or recognized as eligible for
				certification and is being tested with the possibility of release as a variety
				at some point in the future.
15.1.1.b. Classes of Experimental Lines
15.1.1.b.1. Exp-F: Eligible for Foundation
				seed upon variety acceptance.
15.1.1.b.2. Exp-R: Eligible for Registered
				seed upon variety acceptance.
15.1.1.b.3. Exp-C: Eligible for Certified
				seed upon variety acceptance.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-16 - Applying for Seed Certification in West Virginia

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. To participate in the West Virginia
				seed certification program, applicants shall submit an application for seed
				certification to the appropriate certifying agency.
16.1.1. An application for seed certification
				shall be submitted for each crop, variety and field.
16.1.2. Applications may be obtained from a
				certified seed processor or the certifying agency.
16.1.3. The applicant is responsible for
				payment of all fees.
16.1.4. The
				applicant shall attach to the application for seed certification official
				tags/labels and/or other verification from seed stock planted.
16.1.5. When it is necessary for a grower to
				reseed due to a failure to get a stand, the grower shall retain records of seed
				lots used and the date of reseeding. Reseeding must be done within two years of
				the original planting date for grasses or within one year for all other crops.
				If seed stock of a different lot is used for reseeding, the grower shall submit
				proof of seed stock used on a seedling application form. An additional
				application fee will be charged.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 16-39-17 - Submitting an Application for Seed Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Applications for seed certification are
				due on or before:
17.1.1. April
				1st for Winter Grains;
17.1.2. May 1st
				for Spring Grains;
17.1.3. April
				1st for Turf Grasses;
17.1.4. May 1st
				for Industrial Hemp;
17.1.5. June
				1st for Corn;
17.1.6. June 1st
				for Soybeans;
17.1.7. June
				1st for all other crops; and
17.1.8. March 1st
				for Potatoes.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-18 - Responsibilities When Participating in the Seed Certification Program

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. All
				participants in the seed certification program shall:
18.1.1. Maintain the genetic purity and
				identity during seeding, growing, harvesting, and post-harvest storage, and
				ensure reasonable precaution is taken to control contaminating crops and
				varieties with noxious weeds, and seed-borne diseases;
18.1.2. Prevent seed crop and lot mixture
				when harvesting;
18.1.3. Identify
				the seed crop as it is delivered to the processor with the assigned field
				number or numbers;
18.1.4. Clean
				the seed crop at a seed conditioner approved by the department;
18.1.5. Comply with standards and procedures
				for seed certification under the authority of W._Va. Code §
				19-16-1
et seq
. and rules adopted thereunder;
18.1.6. Harvest of seed before a field
				inspection by the certifying agency causes forfeitures of both the application
				and field inspection fees, and completion of certification.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-19 - Land History - Seed Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Land requirements for seed
				certification are established in the specific seed crop standards. When a
				cultural practice has proved to be successful, requirements may be modified
				upon written approval of the seed certifying agency. Cultural practice may
				include any of the following:
19.1.1.
				Mechanical means such as deep plowing;
19.1.2. Chemical means such as fumigants;
				and
19.1.3. Other material for seed
				bed preparation. Materials and methods shall be a matter of record. Any
				practice used must be adequate to ensure varietal purity and must be approved
				in writing by the certifying agency. Any deviations from established land
				requirements must be submitted in writing to the certifying
				agency.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-20 - Seed Field Inspections by the Certifying Agency

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. The certifying agency conducts field
				inspections as follows:
20.1.1. A seedling
				field is inspected at the most appropriate time after receipt of a seedling
				application. If the field produces seed the same year of planting, a seedling
				producing inspection is made prior to harvest;
20.1.2. Each year a crop of certified seed is
				produced, field inspections are made at a time when factors affecting
				certification are most evident;
20.1.3. The unit of certification is defined
				as the entire field standing at the time of inspection. A portion of a field
				may be certified if the area to be certified is clearly defined by flagging,
				stakes or other visual means. The border area of the field is considered the
				unit of certification if it is planted to the same crop and is inclusive of the
				acreage applied for; and
20.1.4.
				The unit of inspection may include areas adjacent to a field or areas of
				surveillance if these areas contain factors that would impact the certification
				eligibility of the seed crop as defined in the specific crop standards. Such
				factors may be, but are not limited to, contaminating pollen sources or
				weeds.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-21 - Tolerances Stated as "None Found"

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. A tolerance of "none found" for
				contaminating or diseased material in either field or clean seed standards
				means that none was found during the normal procedure of field inspection or
				seed sample testing. None found does not constitute a guarantee that the field
				or seed is entirely free of the contaminant or disease.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-22 - Seed Fields Ineligible for Seed Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. A seed field is not eligible for
				certification unless a field inspection is made prior to defoliation or
				harvesting.
22.2. Prohibited
				noxious weeds shall be controlled to prevent seed formation. Follow-up
				inspections may be conducted to ensure weed control was sufficiently carried
				out to prevent prohibited noxious weed seeds from being harvested with the seed
				crop. Excessive objectionable weeds may be cause for rejection of a seed field.
				Excessive weeds, poor stands, lack of vigor, or other conditions which make
				inspection inaccurate may be cause for rejection. A field producing foundation
				or registered seed that warrants a rejection because of noxious weeds may be
				reclassified to certified blue tag class if upon reinspection the field meets
				certified blue tag standards.
22.3.
				If a seed field is rejected for certification, the grower may reapply to the
				certifying agency and pay a fee for reinspection after the cause for rejection
				is corrected, unless otherwise specified in this rule. No more than two
				re-inspections are permitted for each field per year.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-23 - Withdrawing a Field From Inspection for Seed Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. The applicant applying for seed
				certification may withdraw a field from field inspection for seed certification
				by notifying the certifying agency before the field is inspected.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-24 - Agency Power to Reject Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. The certifying agency may reject from
				certification any lot of seed not meeting the requirements of this rule. The
				regulating agency reserves the right to refuse certification on any lot of seed
				if, in the opinion of the certifying agency, the color appearance, or the
				condition of the seed might be detrimental to the certification program. The
				certifying agency may refuse certification if the labeling of containers is
				misleading or may tend to be confusing as to its contents.
24.2. Persons found guilty of violation or
				misuse or abuse of this rule are subject to prosecution under W. Va. Code
				§
									19-16-7. Proof
				of violation may result in removal of privileges of certifying, dealing in or
				handling certified seed.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-25 - Sampling - Methods Used in the Sampling, Inspecting, Testing, Analyzing, and Examining Seed for Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. The terms used in seed testing and the
				methods of sampling, inspecting, analyzing, testing and examining seed for
				certification are those adopted by the AOSA as shown in W. Va. Code §
									19-16-6.
				Other testing methodologies such as, but not limited to, genetic testing may
				also be used to determine certification eligibility.
25.2. The entire lot of seed must be cleaned,
				the quantity defined, and in condition for sale at the time of
				sampling.
25.3. A representative of
				the department shall take a representative sample for laboratory analysis of
				each lot of seed for certification. The sample shall be taken in accordance
				with official sampling procedures. Official sampling procedures are those
				adopted by AASCO as shown in W. Va. Code §
									19-16-6.
25.3.1. A sampling fee will be charged under
				provisions of this rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-26 - Identification of Seed Containers With Field or Lot Numbers

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. The field number shall be on all seed
				containers or bulk seed delivery documents to ensure identity when delivered to
				the seed conditioner.
26.2. All
				seed for certification shall be packaged in clean, new containers of uniform
				weight and identified with a lot number when tagged and sealed. The lot number
				must identify the producer and year of production for each lot of
				seed.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-27 - Seed Certification - Prohibited Noxious Weed Seed

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1. Prohibited noxious weed seed are those
				found in 61 C.S.R. 9-13.1.1.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-28 - Seed Certification - Objectionable Noxious Weed Seed

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1. Objectionable
				noxious weed seed are those found listed as restricted noxious weed seed in 61
				C.S.R. 9-13.1.2.
28.2.
				Objectionable noxious weed seed for lawn and turf seed certification are those
				found listed as restricted noxious weed seed or undesirable grass seed in 61
				C.S.R. 9-13.1.3.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-29 - Completion of Seed Certification - Tagging, Labeling, or Sealing

Current through Register Vol. XLI, No. 28, July 12, 2024
29.1. The seed
				certification tag, label or seal is evidence of the genetic identity and purity
				of the contents shall be attached to a container of certified seed prior to
				distribution. Seed that fails to meet certification standards because of
				genetic purity is not eligible for labeling.
29.2. Seed certification tags, labels, and
				seals must be obtained from the certifying agency and must be attached to seed
				containers in accordance with the certifying agency's rules.
29.3. Certification of seed is valid only if
				the tag, label or seal is affixed to each container in accordance with the
				AOSCA procedures.
29.4. A tag,
				label or seal may not be removed and reused without permission of the
				certifying agency.
29.5. A
				certified seed sale certificate shall be issued upon completion of final
				certification for all seed to be sold in bulk. This certificate shall accompany
				any shipment or transfers including those to other seed plants, out-of-state
				shipments or with any brokered seed. The seed plants own invoice may be used in
				lieu of a certified seed sale certificate for retail sales to growers. The
				invoice shall contain the certification information from the certified seed
				sale certificate as well as labeling information as required in W. Va. Code
				§
									19-16-2.
29.6. Seed that fails to meet certification
				requirements on factors other than genetic purity may be designated substandard
				at the discretion of the certifying agency. The certification tag or label
				attached to the seed shall clearly show the reason the seed is substandard.
				Seed shall not be tagged substandard if the seed can be remilled to meet
				minimum seed standards.
29.7. Seed
				labeling regulations are contained in W. Va. Code §
									19-16-2.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-30 - Limitation of Liability - Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
30.1. The issuance of a certified seed label
				or certificate by the certifying agency for a lot of seed affirms that seed has
				been produced and conditioned according to this rule and the certification
				rules adopted thereunder. The certifying agency makes no warranty, expressed or
				implied or any representation as to the freedom from disease or quality of
				certified seed.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-31 - Labeling, Advertising or Other Representation of Seed - Prohibitions

Current through Register Vol. XLI, No. 28, July 12, 2024
31.1. It is
				unlawful and a violation of W. Va. Code §
									19-16-7 to
				label, advertise, or make any representation regarding:
31.1.1. Seed to be certified seed or any
				class thereof unless it has been determined by a seed certifying agency that
				such seed conforms to standards of purity and identity as to species (and
				subspecies, if appropriate), and variety, in compliance with the rules and laws
				of that agency pertaining to such seed.
31.1.2. Seed to be foundation, registered, or
				certified seed unless it has been inspected and tagged accordingly by a
				certifying agency as meeting certification standards of the
				department.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-32 - Conditioning Seed in West Virginia

Current through Register Vol. XLI, No. 28, July 12, 2024
32.1. Under the authority of W. Va. Code
				§
									19-16-1 et
				seq., a seed conditioning facility must be inspected and approved by the
				department or its authorized agent prior to conditioning seed in West Virginia.
				Upon approval by the department, a seed conditioning permit is issued and the
				facility is placed on a list of approved seed conditioning plants. A copy of
				the list can be obtained by contacting the department.
32.2. A person desiring to condition seed
				must make application to the department for a permit on a form provided by the
				department.
32.3. To obtain
				department approval for a seed-conditioning permit, the department or its
				authorized agent conducts an inspection. A facility must show evidence that:
32.3.1. Seed for certification is handled in
				a manner which prevents the mixture of lots of seed;
32.3.2. The seed conditioning facility is
				maintained and cleaned. Equipment must be easily accessible for cleaning and
				inspection, and must be cleaned between lots;
32.3.3. Each lot of seed is identified with a
				lot number; and
32.3.4. Screenings
				are disposed of in accordance with 61 C.S.R. 9-23.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-33 - Responsibilities of a Seed Conditioner

Current through Register Vol. XLI, No. 28, July 12, 2024
33.1. A department approved seed conditioner
				shall operate in a manner that:
33.1.1.
				Maintains the purity and identity of seed conditioned, stored, transshipped or
				labeled;
33.1.2. Complies with the
				standards and procedures for conditioning seed in accordance with W. Va. Code
				§
										19-16-1 et
				seq. and rules adopted thereunder; and
33.1.3. Prior to shipping seed out-of-state,
				adheres to the interagency seed certification requirements set forth in this
				rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-34 - Considerations for Blending Seed

Current through Register Vol. XLI, No. 28, July 12, 2024
34.1. Size of seed blend permitted is
				dependent on factors such as quality of the seed lots to be blended and the
				conditioning plant facilities.
34.2. A blend data sheet is filed with the
				certifying agency and shall be maintained by the seed conditioner. Laboratory
				analysis shall be completed before tags are issued.
34.3. Seed shall be blended by a seed
				conditioner approved by the department, W. Va. Code §
									19-16-1 et
				seq.
34.4. A representative of the
				certifying agency may supervise the blending operation.
34.5. Seed lots resulting from a blend of
				different certified classes may only be labeled at the lower class.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-35 - Standards for Verification of Turf Seed Ingredients

Current through Register Vol. XLI, No. 28, July 12, 2024
35.1. The general rules for seed
				certification are basic and together with the following specific requirements
				constitute the rules for certification identity of mixtures of different kinds
				of turf certified seed:
35.1.1. A blend data
				sheet, including proof of certification, verifying the origin and the
				certifying agency along with the analysis and pounds of each lot shall be
				submitted to the certifying agency for approval.
35.1.2. Each lot of certified seed shall:
35.1.2.a. Meet standards acceptable to the
				certifying agency; and
35.1.2.b. Be
				sampled under supervision of the certifying agency prior to mixing. The sample
				shall be obtained in accordance with official sampling procedures. The sample
				shall be identified with:
35.1.2.b.1. The
				verification of certification, origin, and certifying agency;
35.1.2.b.2. The kind/variety; and
35.1.2.b.3. The analysis and size of
				lot.
35.1.3.
				The certifying agency reserves the right to:
35.1.3.a. Refuse permission to use individual
				lots;
35.1.3.b. Approve the
				equipment to be used and procedure to follow in mixing;
35.1.3.c. Approve the containers and labeling
				to be used; and
35.1.3.d. Sample
				the final mixture.
35.1.4. The certifying agency shall identify
				each container with an official certification label verifying that the
				individual lots used were certified seed lots.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-36 - Interagency Seed Certification Standards and Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
36.1. Interagency certification is the
				participation of two or more certifying agencies in performing the services
				required to certify the same final lot or lots of seed.
36.1.1. Eligibility
36.1.1.a. Seed recognized for interagency
				certification shall be received in containers carrying official certification
				labels, accompanied by transfer certificates or other proper documentation
				showing evidence of its eligibility from another official certifying agency
				together with the following information:
36.1.1.a.1. Variety and species;
36.1.1.a.2. Quantity of seed;
36.1.1.a.3. Class of seed; and
36.1.1.a.4. Field or lot number traceable to
				the previous certifying agency's records.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-37 - Other Considerations in Applying the Standards for Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
37.1. Any crop
				certification standard, with the exception of germination, that is expressed as
				a percent will be derived from a test based on the minimum weight for purity
				analysis as specified in the AOSA rules for that crop unless otherwise
				specified in rule.
37.2. Any crop
				certification standard that is based on a number per pound will be derived from
				a test based on the minimum weight for noxious weed seed examination as
				specified in the AOSA rules for that crop unless otherwise specified in
				rule.
37.3. For species that have a
				high rate of inherent dormancy, it will be acceptable to use the percent of
				total viability instead of germination percentage for certification only. State
				and federal seed laws require seed be labeled on a germination test.
37.4. For species or varieties that contain
				GMO (genetically modified organism) traits, herbicide resistant traits, or
				other novel traits, each seed lot shall be required to meet minimum trait
				standards as defined by the breeder or trait owner. The variety description
				shall define the trait. To determine the level of trait present, a test such as
				PCR (polymerase chain reaction) or specified bioassay test shall be required.
				If a test is not otherwise available the variety owner must provide testing
				protocols to the department.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-38 - Certification Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
38.1. Fees
				apply to both new and renewal applications.
38.1.1. The application fee for seed
				certification is $35 per field. The penalty for late applications is
				$50.
38.1.2. The Inspection &
				Sampling Fee for the seedling producing or field is $35 per hour, plus mileage
				rates as established by WVDA. This fee schedule applies also to any additional
				inspections or reinspections that may be required.
38.1.3. The Production Fee, including
				tagging, is $0.15 per tag issued, with a minimum fee of
				$15.00.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-39 - Industrial Hemp (Cannabis sativa L. Subsp. sativa) Certification Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
39.1. Standards for
				Industrial Hemp Seed Production
39.1.1. The
				general seed certification definitions and standards in this rule are basic and
				together with the following specific standards constitute the standards for
				industrial hemp seed certification.
39.1.2. Fees for seed certification are set
				forth in section 38 of this rule.
39.1.3. All growers of industrial hemp
				certified seed crops shall be licensed under the department's industrial hemp
				licensing rules, W. Va. Code R. 61 C.S.R. 9.
39.1.4. Only varieties of industrial hemp
				approved by the department
are
be eligible for certification.
				An approved variety must be a variety recognized by an international
				organization recognized by the department, such as the association of official
				seed certifying agencies or the organization for economic cooperation and
				development (OECD) seed scheme.
39.1.5. The allowable area of an industrial
				hemp seed crop area or seed production field may be determined and limited by
				the department under W. Va. Code §
										19-12E-1
et seq
.
39.1.6.
				All industrial hemp fields established for seed certification shall be planted
				with not less than thirty-inch row spacing to facilitate inspection, roguing,
				and harvesting.
39.1.7. Growers
				must post signage approved by the department on at least four sides, including
				the main entry point of each authorized field.
39.1.8. The department shall sample plants to
				analyze for tetrahydrocannabinol (THC), as required by W. Va. Code §
										19-12E-7.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-40 - Definitions Specific to Industrial Hemp Seed Production

Current through Register Vol. XLI, No. 28, July 12, 2024
40.1. "Approved Cultivar" means any variety
				designated as eligible for production by federal or local regulatory
				authorities.
40.2. "Approved
				Laboratory" means a laboratory approved by the commissioner under this
				article.
40.3. "Commissioner" means
				the Commissioner of Agriculture of the State of West Virginia or his or her
				duly authorized agent.
40.4.
				"Dioecious type" means a type of industrial hemp that has male and female
				flowers on separate plants.
40.5.
				"Industrial hemp" means all parts and varieties of the genera Cannabis,
				cultivated or possessed by a grower, whether growing or not, that contain a THC
				concentration of .03 percent or less by dry weight.
40.6. "Industrial hemp seed production" means
				an industrial hemp seed production field established with an appropriate
				generation of certified seed intended to produce a subsequent generation of
				certified seed.
40.7. "Monoecious
				type" means a type of industrial hemp that has male and female flowers on the
				same plant.
40.8.
				"Tetrahydrocannabinol" or "THC" means the natural or synthetic equivalents of
				the substances contained in the plant, or in the resinous extractives of,
				cannabis, or any synthetic substances, compounds, salts, or derivatives of the
				plant or chemicals and their isomers with similar chemical structure and
				pharmacological activity.
40.9.
				"Too male" means an intersexual plant that exceeds the ratio of male and female
				flowers as described in the variety description.
40.10. "Unisexual female" means a monoecious
				type of industrial hemp plant that has a sterile male and fertile female
				flowers.
40.11. "Unisexual female
				hybrid" means a hybrid where the A line is a unisexual female type and the B
				line produces fertile male flowers.
40.12. "Volunteer plant" means an industrial
				hemp plant that results from a previous crop.
40.13. "West Virginia landrace cannabis seed"
				means seed from the plant
Cannabis sativa
that possesses
				characteristics of a unique and specialized cannabis seed variety that is
				present in West Virginia or has been recognized as produced in West
				Virginia.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-41 - Land Requirements for Industrial Hemp Seed Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
41.1. Crops shall
				not be planted on land where foreseeable volunteer growth from a previous crop
				may cause contamination detrimental to certification.
41.2. Fields for foundation and registered
				classes shall not be planted on land which in the previous three years produced
				a crop of industrial hemp.
41.3.
				Crops for certified class shall not be planted on land which in the previous
				year produced a certified crop of the same variety of industrial
				hemp.
41.4. Crops for certified
				class shall not be planted on land which in either of the previous two years
				produced a non-certified crop of industrial hemp or a different variety of
				industrial hemp.
41.5. The presence
				of Broomrape (
Orobanche
spp.) in industrial hemps crops is
				cause for declining certified status.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-43 - Field Inspection Standards and Tolerances for Industrial Hemp Seed Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
43.1.
				Industrial hemp seed production crop fields shall be inspected by the
				department in three stages.
43.1.1. The first
				inspection for all classes of monoecious types shall 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.
43.1.2. The second inspection for all classes
				of monoecious types, and the Foundation class of dioecious types shall be made
				when seeds are well forming.
43.1.3. The third inspection should be
				conducted within ten days prior to harvest. The grower shall notify the
				department of the anticipated harvest date. Fields not harvested within ten
				days of the third inspection shall require an additional inspection and THC
				test.
43.1.4. Isolation areas will
				be inspected for volunteer plants and harmful contaminants at each department
				inspection.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-44 - Seed Standards for Industrial Hemp Seed Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
Foundation
Registered
Certified
Pure seed (minimum)
98.00%
98.00%
98.00%
Other crop (maximum)
0.01%
0.03%
0.08%
Inert matter (maximum)*
2.00%
2.00%
2.00%
Weed seed (maximum)
0.10%
0.10%
0.10%
Other kinds (maximum)**
0.01%
0.03%
0.07%
Other varieties (maximum)**
0.005%
0.01%
0.05%
Germination (minimum)***
80.00%
80.00%
80.00%
*
Inert matter shall not contain more than 0.50% of
							 material other than seed fragments.
**
Other kinds shall not exceed 2 per lb. (454 grams)
							 for Foundation; 6 for Registered; 10_for Certified.
***Exclusive of dormancy, firm or hard seed, or any
							 other reference to viability.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-45 - Seed Potato (Solanum tuberosum) Certification Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
45.1. Standards for Seed Potato Production
45.1.1. The general seed certification
				definitions and standards in this rule are basic and together with the
				following specific standards constitute the standards for seed potato
				certification.
45.1.2. Fees for
				seed certification are contained in section 38 of this rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				legislative rule establishes operating rules and procedures for West Virginia
				dairy farms producing pasteurized milk that do not meet the Grade A PMO or the
				Manufacture Grade Milk in the state, and from which all milk and dairy products
				are to be sold only in the state of West Virginia.
1.2. Authority. - W. Va. Code §
									19-11E-8.
1.3. Filing Date. - April 13, 2021
1.4. Effective Date. - May 3,
				2021
1.5. Sunset Date. - This rule
				shall expire and have no further force and effect August 1, 2026.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-3 - Minimum quality standards

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Acceptable milk for the manufacture of milk and/or dairy products shall meet
				the following standards:
3.1.1. Sight and
				odor: The milk shall be free from visible foreign matter. It shall not be
				curdled, ropy, bloody, or mastitic as indicated by sight or odor. It shall be
				free from feed odors or other objectionable odors;
3.1.2. Temperature: Milk shall be cooled to
				45 degrees Fahrenheit or lower within two hours after milking and shall be
				maintained at 45 degrees Fahrenheit or lower until shipped or used to
				manufacture milk products;
3.1.3.
				Bacterial limits: Milk from an individual producer shall not exceed 1,000,000
				bacterial count per milliliter as determined by standard plate count;
3.1.4. Inhibitory substances: No
				inhibitory substances are permitted in milk; and
3.1.5. Sediment: Milk should not have more
				than 1.5 mg of sediment as determined by the Standard Methods for the
				Examination of Dairy Products.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-4 - Minimum testing requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. At
				least once each month at irregular intervals the producer shall take samples of
				the milk. The samples shall be tested for compliance with the standards set
				forth in this rule and are subject to the abnormal milk provisions of this
				rule. Additional samples may also be collected by an inspector.
4.2. Samples shall be analyzed at an approved
				official or officially designated laboratory. All sampling procedures and
				required laboratory examinations shall be in substantial compliance with rules
				set forth by the Commissioner.
4.3. The Commissioner should arrange to visit
				each producer who continually does not meet the requirements for acceptable
				milk, for the purpose of inspecting equipment, utensils, and facilities at the
				farm and to offer constructive assistance for improvement in the quality of the
				milk.
4.4. Concurrent with all
				test results made to a producer regarding bacteria counts, sediment, or
				inhibited substances, the laboratory shall send a copy of the results to the
				Commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-5 - Inhibitory substances

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. If the
				milk from a dairy farm contains an inhibitory substance, the producer shall not
				use any more milk produced by such farm for at least two days following the
				test to ship or manufacture milk products. The producer shall not use any more
				milk until the production from the farm has been found to be free of inhibitory
				substances. The two-day exclusionary provisions cited shall be increased to
				three days for a repeat violation within six months and shall be increased to
				four days for subsequent violations within that period.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-6 - Abnormal milk

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A producer
				shall not use for manufacturing milk which is found to be abnormal by sight or
				odor, which is from animals that show evidence of the secretion of abnormal
				milk in one or more quarters, or which is from animals that have consumed
				chemical, medicinal, or radioactive agents that may be secreted in the milk.
6.2. Equipment, containers, and
				utensils used to handle abnormal milk shall be cleaned and sanitized by the
				producer before they are used for milk for manufacturing purposes. The
				equipment shall meet the construction requirements set forth in this
				Rule.
6.3. Milk from animals
				treated with or exposed to pesticides not approved for use on dairy animals by
				the U. S. Environmental Protection Agency shall not be used for manufacturing
				purposes until the milk has been tested and found acceptable by the
				Commissioner.
6.4. When a
				confirmatory test on a routine sample indicates a somatic cell count above
				1,000,000 cells per milliliter, the Commissioner shall send written
				notification of the unsatisfactory cell count to the producer.
6.5. When two out of the last four routine
				samples have a somatic cell count above 1,000,000 cells per milliliter, the
				Commissioner shall send a written notice of the counts to the producer and a
				representative of the Commissioner shall contact the producer to endeavor to
				determine and eliminate the source of the violative cell count.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-7 - Adulteration

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Milk is
				considered to be adulterated if it contains any poisonous or deleterious
				substances, does not meet the quality standards set forth in this rule, has
				been produced, processed, or held under unsanitary conditions, contains added
				water, or contains bacteria in excess of those standards set forth in this
				rule.
7.2. The producer shall not
				use milk if it is adulterated.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-8 - Milking bar or parlor construction and maintenance

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Each farm shall have a milking barn or
				milking parlor of adequate size and arrangement to permit normal sanitary
				milking operations. Such milking barn or parlor shall be well lighted and
				ventilated, and the floors and gutters in the milking area shall be constructed
				of concrete or other impervious material. The milking barn or parlor
				construction must be approved by the commissioner before milking can begin.
8.2. The milking barn or parlor
				shall be kept clean, with the manure removed daily and stored to prevent access
				of animals to the accumulation of the manure. No swine, fowl or other domestic
				or wild animals shall be permitted in any part of the milking area.
8.3. If milk is exposed during straining or
				transferring in the milking areas it shall be protected from falling particles
				from areas above the milking facility.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-9 - Milking barn or parlor cleanliness

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The interior of the milking barn or
				parlor shall meet the following standards of cleanliness:
9.1.1. The interior of the facilities shall
				be kept clean;
9.1.2. The bedding
				material, if used, shall not contain more manure than that which has
				accumulated since the previous milking;
9.1.3. The gutter shall be kept reasonably
				clean, with manure removed daily; and
9.1.4. All pens and stalls, if not separated
				from the milking barn or parlor shall be kept clean.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-10 - Barnyard

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A barnyard
				shall meet the following requirements:
10.1.1. The barnyard shall be graded and
				drained. Depressions and soggy areas shall be filled and lanes shall be
				reasonably dry.
10.1.2. Approaches
				to the barn door and the surroundings of stock watering and feeding stations
				shall be solid to the footing of the animals.
10.1.3. Wastes from the barn or milkhouse
				shall not be allowed to pool in the barnyard. Barnyards which are muddy due to
				recent rains do not violate this section.
10.1.4. Manure, soiled bedding, and waste
				feed shall not be stored or permitted to accumulate in the barnyard in such a
				manner as to permit the soiling of udders and flanks. Housing areas (stables
				without stanchions, such as loose-housing stables, pen stables, resting barns,
				holding barns, loafing sheds, wandering sheds, free-stall housing) are
				considered a part of the barnyard. Manure packs shall be solid to the footing
				of the animal.
10.1.5. Barnyards
				shall be kept reasonably free of droppings. Droppings shall not be allowed to
				accumulate in piles that are accessible to the animals.
10.1.6. The yard or loafing area shall be of
				ample size to prevent overcrowding.