reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08C - Fruits and Vegetables: Certification of Potatoes for Seeding Purposes › Section 61-8C-8 - Causes for rejection of field

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The causes for field rejection will be
				as follows:
8.1.1. The failure of the grower
				to comply with the general conditions as given above.
8.1.2. If, at any inspection prior to July
				15, the test row or rows produced from the sample of the seed potatoes
				furnished by the grower, and planted by the Commissioner in a test plot along
				side samples from other applicants, shows virus disease in excess of: Mosaic,
				nine percent (9%); leaf roll, five percent (5%); yellow dwarf, five percent
				(5%); spindle tuber, five percent (5%); or all virus diseases, nine percent
				(9%); the field will be rejected without further inspections.
8.1.3. Fields damaged by tip burn, leafhopper
				injury or other diseases or condition so as to prevent the detection of all
				diseases normally visible.
8.1.4.
				The field must not exceed the following minimum percent of visible disease at
				each inspection as set forth in the following table for each inspection.
1st%
2nd%
Leaf roll
3.00
1.00
Mosaic
3.00
1.00
Spindle tuber
3.00
2.00
Yellow dwarf
3.00
1.00
Total viruses
5.00
3.00
Fusarium wilt*
2.00
1.00
Total all disease
7.00
4.00
Giant hill
1.00
1.00
Weak hills
3.00
2.00
Varietal mixture
1.00
0.50
Purple top
10.00
*arium solani vari eumartii
8.1.5. The prevalence to a serious extent of
				any disease, serious insect damage, poor stand, poor cultural conditions or
				other conditions that impair the value of the potatoes for seeding purposes,
				not mentioned herein, may cause the rejection of the field.
8.1.6. At the time of digging or shortly
				thereafter the potatoes produced in the field to be certified must be within
				the following requirements:
Total stem discoloration
4.00%
Late blight (any degree)
1.00%
Spindle tuber
1.00%
Varietal mixture
0.50%
Total all defects, including sprouting, wilting,
							 sunscald, frost injury
6.00%
Ring rot
None
8.1.7. Before the sacks are sealed and the
				certification tags attached they must be graded to conform to United States No.
				1 grade or better but not more than five percent (5%) of the tubers can be
				above twelve (12) ounces. Seed sold at the farm directly to another grower and
				to be planted bv him may be graded as mutually agreed and need not be sealed
				but the sack fee, as indicated above, must be paid.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08C - Fruits and Vegetables: Certification of Potatoes for Seeding Purposes › Section 61-8C-9 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. "Field" means
				the entire area planted to one(1) variety of potatoes and covered by one
				(1)application for inspection.
9.2.
				"Multiplication Plot" means an area planted with hill selected seed, tuber
				indexed seed or northern-grown certified seed approved by the Commissioner and
				planted in tuber units.
9.3.
				"Planting Stock" means seed potatoes produced in multiplicaton plots or
				obtained from an approved northern source for use in planting the field to be
				certified.
9.4. "Roguing the Field"
				means going over the field and removing all plants showing symptoms of any
				recognizable disease.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08C - Fruits and Vegetables: Certification of Potatoes for Seeding Purposes › Section 61 8C-10 - Commissioner not responsible

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				The Commissioner will not be responsible for potatoes sold as certified seed
				that are not in official wired and sealed sacks and contrary to law, nor for
				results obtained from certified seed.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08D - Grades And Standards For Apples › Section 61-8D-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative regulations establish general operating rules and procedures
				in the Fruit and Vegetable Division.
1.2. Authority. -- W. Va. Code
				'19-16.
1.3. Filing Date. -- April
				22, 1946.
1.4. Effective Date. --
				May 10, 1946.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08D - Grades And Standards For Apples › Section 61-8D-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. A
				multiplication plot is a field of potatoes planted in tuber units for the
				purpose of increasing a particularly desirable strain of potatoes or to produce
				seed suitable to be used as foundation stock for a field to be
				certified.
2.2. Application for
				inspection must be made as for certified seed.
2.3. Procedure. -- The requirements for
				certified seed must be met with the following additions:
2.3.1. The field must be planted in tuber
				units or be planted from the progeny of a single tuber grown in a tuber unit in
				previous years and qualified as foundation stock each year. Tuber units consist
				of cutting each tuber into four or more pieces and planting them consecutively
				in a row, each unit of four or more pieces being separated by twice the
				distance separating each piece in the unit. Any tuber showing internal
				discoloration as a browning or blackening at the stem end, just under the skin
				or in the flesh of the potato, must be discarded.
2.3.2. The field must be at least 400 feet
				from other potato fields showing more than five percent (5%) virus
				diseases.
2.3.3. Ordinary certified
				seed may be used as stock the first year the applicant has requested inspection
				but thereafter must be plant­ed with foundation stock, tuber indexed
				stock or potatoes selected from a field certified or planted in tuber units the
				previous year. The grower should use the very best seed available for the
				multiplication unit.
2.3.4. The
				percent of visible diseases should not exceed, at any inspection, the following
				specifications: (See Table 61-8DA).
2.3.5. Whenever a plant is detected as being
				diseased all the companion plants of that unit must also be removed.
2.3.6. The plot must be rogued five (5)
				times:
2.3.6.1. Just prior to the first
				inspection;
2.3.6.2. Immediately
				after the first inspection;
2.3.6.3. One (1) week after the first
				inspection;
2.3.6.4. After the
				second inspection; and
2.3.6.5.
				After the third inspection.
2.3.7. Potatoes produced in multiplication
				plots may be sold as certified seed but, when so sold, all fees incidental to
				the production of certified seed must be paid.
TABLE 61-8DA
1st %
2nd %
3rd %
Bin %
Leaf Roll
1.00
0.50
Mosaic
1.00
0.50
Spindle tuber
1.00
0.50
Total all virus diseases
2.00
1.00
0.20
0.50
Fusarium wilt **
1.00
0.50
0.50
0.50
Total all diseases
3.00
1.50
1.00
1.00
Giant hill
None
Weak hills
1.00
None
Varietal mixture
0.25
None
None
Purple top
0.50
0.50
0.50
Ring rot
None
None
Stem end discoloration
2.00
** Fusarium solani var eumartii
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08E - Controlled Atmosphere Storage Of Apples › Section 61-8E-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative regulations establish standards for controlled atmosphere
				storage conditions and sets forth procedures for keeping CA records.
1.2. Authority. -- W. Va. Code §§
									19-5A-3,
				7, 8, and 9.
1.3. Filing Date. --
				June 21, 2002.
1.4. Effective Date.
				-- June 21, 2002.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08E - Controlled Atmosphere Storage Of Apples › Section 61-8E-3 - Controlled Atmosphere Components And Time Limits

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The maximum amount of oxygen retained in
				a sealed CA storage shall not exceed five percent (5%) by volume.
3.2. The maximum amount of time in which the
				oxygen content shall have been reduced to the above amount shall not exceed
				twenty (20) cumulative calendar days.
3.3. The fruit temperature in a CA storage
				room shall be maintained without significant deviation in a range of
				temperature as recommended by recognized research authorities as normal for the
				variety.
3.4. A storage period of
				not less than sixty (60) calendar days shall be attained before fruit may be
				classed as CA stored. Maximum storage time shall not exceed ten (10) months,
				but in no case, later than August first of the year following harvest.
3.4.1. The time lapse between harvest date of
				the fruit to be CA stored and the sealing of the Controlled Atmosphere Room
				shall not be longer than thirty (30) consecutive calendar days which time the
				fruit shall be held under normal refrigeration.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08E - Controlled Atmosphere Storage Of Apples › Section 61-8E-4 - Forms

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Commissioner may accept forms for recording air component determinations such
				as are used by established storage firms: Provided, That such forms clearly
				show the information required in section eight of the law and which form has
				been submitted to the Commissioner for approval. In addition to the
				requirements of section eight, a licensee shall maintain in his daily record
				which shall begin on the date of filling the room begins:
4.1.1. The quantity of fill by variety and
				lot identification.
4.1.2. The
				dates of any entry or resealing of the CA room.
4.1.3. The percentage of relative
				humidity.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08E - Controlled Atmosphere Storage Of Apples › Section 61-8E-5 - Minimum Condition Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The minimum condition and maturity
				standards for apples to be classed as CA shall be the United States Condition
				Standards for Export as amended from time to time.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Section 61-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule declares those seeds that are noxious seeds, establishes
				germination test dates, germination standards, specifies additional labeling
				for tree and shrub seeds, defines what corn may be sold as "Certified Hybrid,"
				specifies white sweet clover labeling requirements, specifies seed labeling
				requirements for distribution to wholesalers, obtaining registration forms,
				defines sampler or display units and where fee stamps are to be displayed and
				reporting of pounds sold, establishes an assessment of penalty fees, provides
				laboratory service to individuals, farmers and dealers and sets fees, defines
				hermetically sealed seed requirements, defines growers declaration, establishes
				program for analysis of hold-over seed, specifies relabeling requirements,
				establishes a seed certification agency, establishes labeling requirements for
				seeds for sprouting, and sets requirements for treated seed.
1.2. Authority. -- W. Va. Code §
									19-16-6.
1.3. Filing Date. -- April 13,
				2021
1.4. Effective Date. -- May
				3, 2021
1.5. Sunset Provision. -
				This rule shall expire and have no further force and effect August 1, 2031.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Section 61-9-2 - Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. All persons
				distributing agricultural, forest and shrub, flower, and vegetable seeds in the
				state of West Virginia, are equally responsible for full compliance with the
				provisions of W. Va. Code, §§
									19-16-1 et
				seq. All persons are responsible for complying with the law, obtaining a
				certificate of registration, paying appropriate poundage and reporting fees,
				labeling the seed or any other legal requirement if not met by another
				person.
2.2. The documents of the
				following organizations are incorporated in their entirety by reference;
2.2.1. Association of American Seed Control
				Officials - Handbook for Seed Inspectors;
2.2.2. United States Department of
				Agriculture, Title I - V Federal Seed Act; Federal Seed Act Regulations Part
				201-202;
2.2.3. United States
				Standards for Grades of Seed Potatoes § 51, Effective March 6, 1987.
				2.2.4. Association of Official Seed Analysts, Rules for Testing Seeds, Volumes
				1 - 4.
2.2.5. Association of
				Official Seed Analysts, Seed Vigor Testing Handbook.
2.2.6. Association of Official Seed Analysts,
				Seed Moisture Testing Handbook.
2.2.7 Association of Official Seed Analysts,
				Cultivar Purity Handbook.
2.2.8
				Association of Official Seed Analysts, Tetrazolium Testing Handbook.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Section 61-9-3 - Germination Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				following germination test dates apply to seeds packaged in containers as
				indicated:
3.1.1. Seeds packed in regular
				containers: Twelve (12) months excluding the month in which the test was
				completed; and
3.1.2. Seeds packed
				in "Hermetically" sealed containers: Thirty-six (36) months excluding the month
				in which the test was completed. The percentage of moisture shall not exceed
				percentages established in Appendix Number 2, Hermetically Sealed Seed.
3.1.3. For cool season lawn and
				turf grasses including Kentucky bluegrass, red fescue, chewings fescue, hard
				fescue, tall fescue, perennial ryegrass, intermediate ryegrass, annual
				ryegrass, colonial bentgrass, creeping bentgrass, and mixtures thereof: Fifteen
				(15) months excluding the month in which the test was completed.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Section 61-9-4 - Additional Tree and Shrub Seed Labeling Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
In addition to the label requirements established by law, the
				  following data shall be shown on the analysis tag and invoice for all seeds
				  listed in Appendix 4, Kind of Tree and Shrub Seeds Subject to Germination
				  Labeling:
4.1. Seed Origin:
4.1.1. For seed collected from a
				predominantly indigenous (natural) stand, the area of collection given by
				latitude and longitude or geographic description or political subdivision such
				as state or county.
4.1.2. For
				seed collected from other than predominantly indigenous stand (plantation), the
				identity of the area of collection and the origin of the stand or the statement
				"Origin Not Indigenous.";
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Section 61-9-5 - Hybrid Seed Corn

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Only seed
				of field corn hybrids that has been certified by an officially recognized
				certifying agency in the state, province or county in which the seed is grown
				may be labeled or advertised as "Certified Hybrid Seed Corn."
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Section 61-9-6 - White Sweet Clover

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Sweet
				clover seed containing more than five (5) percent of yellow sweet clover seed
				when tested (or more than 1.25 percent mottled seeds as identified during a
				visual examination) may not be labeled white sweet clover. Such seed must be
				labeled as sweet clover or as a mixture.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Section 61-9-7 - Certificate Of Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Application forms may be obtained for certificate of registration from the West
				Virginia Department of Agriculture, Charleston, West Virginia.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Section 61-9-8 - Sampler Or Display Unit - Reporting of Pounds Seed Sold

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A sampler or display unit means a
				display collection of garden, vegetable, or flower seeds commonly known as
				"Packet Seeds" originally packed in primary consumer containers of eight (8)
				ounces (226.8 grams) or less by the person, firm or corporation who has
				registered to sell the seeds.
8.2.
				For sampler or display units, stamps shall be attached by the Dealer in a
				conspicuous place on the front of the display unit. The appropriate fees are
				listed in Appendix 6 - Registration and Poundage Fees.
8.3. For seeds requiring a sworn statement of
				pounds sold, the total poundage of each kind sold shall be reported by the
				Dealer/Distributor on a form supplied by the Commissioner and the fee paid at
				the rate prescribed - Appendix 6 - Registration and Poundage Fees.
8.4. For seed potatoes: The number, variety
				and size of containers bought, offered or exposed for sale shall be reported by
				the person first entering the seed potatoes into West Virginia trade channels
				on forms provided by the Commissioner. The person first offering seed potatoes
				for sale within the State of West Virginia shall pay the required fee and shall
				furnish to his or her customers an invoice bearing the statement "West Virginia
				Seed Fee Paid". The statement may also be used by wholesale dealers on an
				arrears basis to accommodate their bookkeeping systems: Provided, that arrears
				payments shall be not later than the fifteenth day of the following month for
				the previous reporting period. Any person having in his or her custody any lot
				of seed potatoes and who is unable to produce evidence that he or she paid the
				seed fee is liable for payment of the fee.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Section 61-9-9 - Laboratory Service To Individuals, Farmers and Dealers

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Seed testing facilities are available
				for making purity, noxious weed, vigor, moisture, seed identification, and
				germination analyses for interested persons.
9.2. The charges for these tests are
				specified in Appendix 7 - Testing Fees.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Section 61-9-10 - Hold Over Seed

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Seeds
				bearing germination test dates older than those specified in Subsection 3.1 of
				this rule shall be retested and relabeled or removed from sale.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Section 61-9-11 - Establishment of Certifying Agency

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The West Virginia Associated Crop
				Growers is hereby designated as an official certifying agency for the seeds,
				other than industrial hemp, grown in West Virginia.
11.2 The West Virginia Department of
				Agriculture is hereby designated as an official certifying agency for all
				seeds, including industrial hemp, grown in West Virginia.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Section 61-9-12 - Treated Seed

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. For all
				seeds named and treated as defined in this Rule (for which a separate label may
				be used) the following is required:
12.1.1. A
				word or statement indicating that the seed has been treated;
12.1.2. The commonly accepted coined,
				biological, chemical or abbreviated chemical (generic) name of the applied
				substance or description of the process used; and
12.1.3. If the substance in the amount
				present with the seed is harmful to humans or other vertebrate animals, a
				caution statement such as "Do not use for food or feed or oil purposes;
				and
12.1.4. If the seed is treated
				with an inoculant, the date beyond which the inoculant is not to be considered
				effective (date of expiration).
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Section 61-9-14 - Certified Seed Potatoes

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. As
				required by W. Va. Code §
									19-16-2(s)
				only "certified seed potatoes" shall be sold in the state of West
				Virginia.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Section 61-9-15 - Relabeling

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The following
				information shall appear on a label for relabeling seeds in their original
				containers:
15.1.1. The calendar month and
				year the test was completed to determine such percentage.
15.1.2. The same lot designation as on the
				original labels.
15.1.3. The
				identity of the labeling person if different from original
				labeler.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Section 61-9-16 - Labeling of Seed Distributed to Wholesalers

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. After seed has been conditioned, it
				must be labeled before distribution to any person including a wholesaler. Each
				bag or bulk lot must be completely labeled when supplied to a retailer or
				consumer.
16.2. Labeling of seed
				supplied to a wholesaler, one whose predominant business is to supply seed to
				other distributors rather than to consumers of seed, may be by invoice if each
				bag or other container is clearly identified by a lot number stenciled on the
				container or if the seed is in bulk. Each bag or container that is not so
				identified must carry complete labeling.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Section 61-9-17 - Seeds for Sprouting

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1 The
				following information shall be indicated on all labels of seeds sold for
				sprouting for salad or culinary purposes.
17.1.1. Commonly accepted name of kind or
				kinds.
17.1.2. Lot number.
17.1.3. Percentage by weight of
				each pure seed component in excess of 5% of the whole, other crop seeds, inert
				matter and weed seeds if occurring.
17.1.4. Percentage of germination of each
				pure seed component.
17.1.5.
				Percentage of hard seed, if present.
17.1.6. The calendar month and year the test
				was completed to determine such percentages.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Section 61-9-18 - Hermetically-Sealed Seed

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. The
				following standards, requirements and conditions must be met before seed is
				considered to be hermetically-sealed under the provisions of this Act:
18.1.1. The seed was packaged within 9 months
				after harvest.
18.1.2. The
				container used does not allow water vapor penetration through any wall,
				including the seals, greater than 0.05 grams of water per 24 hours per 100
				square inches of surface at 100- F. with a relative humidity on one side of 90
				percent and on the other side 0 percent. Water vapor penetration or WVP is
				measured by the standards of the U.S. Bureau of Standards as: gm.H20/24 hr./100
				sq. in./100....F./90% RHV.0% RH.
18.1.3. The seed in the container does not
				exceed the percentage of moisture, on a wet weight basis, as listed in Appendix
				2 - Hermetically Sealed Seed.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Section 61-9-19 - Labeling Kind and Variety or Type and Performance Characteristic of Flower Seeds

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. The
				requirements of Chapter 19 Article 16 Section 2 specifying that flower seeds
				shall be labeled with, "the name of the kind and variety or a statement of type
				and performance characteristics as prescribed in the rules and regulations
				promulgated under the provisions of this Act", shall be met as follows: 19.1.1.
				For seeds of plants grown primarily for their blooms -
19.1.1.a. If the seeds are of a single names
				variety, the kind and variety shall be stated, for example - "Marigold,
				Butterball".
19.1.1.b. If the seeds
				are of a single type and color for which there is no specific variety name, the
				type of plant (if significant), and the type and color of bloom shall be
				indicated, for example, - "Scabiosa, Tall, Large Flowered, Double, Pink".
19.1.1.c. If the seeds consist of
				an assortment or mixture of colors or varieties of a single kind, the kind
				name, the type of plant (if significant) and the type or types of bloom shall
				be indicated. In addition, it shall be clearly indicated that the seed is mixed
				or assorted. An example of labeling such a mixture or assortment is -"Marigold,
				Dwarf Double French, Mixed Colors".
19.1.1.d. If the seeds consist of an
				assortment or mixture of kinds or kinds and varieties, it shall be clearly
				indicated that the seed is assorted or mixed and the specific use of the
				assortment or mixture shall be indicated, for example - "Cut Flower Mixture",
				or "Rock Garden Mixture". Such statements as "General Purpose Mixture", Wonder
				Mixture", or any other statement which fails to indicate the specific use of
				the seed shall not be considered as meeting the requirements of this provision
				unless the specific use of the mixture is also stated. Containers with over 3
				grams of seed shall list the kind or kind and variety names of each component
				present in excess of 5.0% of the whole in the order of their predominance
				giving the percentage by weight of each. Components of 5.0% or less shall be
				listed but need not be in order or predominance. A single percentage by weight
				shall be given for these components. If no component of a mixture exceeds 5% of
				the whole, the statement "No component in excess of 5%" may be used. Containers
				with 3 grams of seed or less shall list the components without giving
				percentage by weight and need not be in order of predominance.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Section 61-9-20 - Flower Seeds Subject to Germination Labeling Requirement

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. The flower seeds listed in Appendix 5 -
				Germination Standard for Flower Seed, are those for which standard testing
				procedures have been prescribed and which are therefore required to be labeled
				in accordance with the germination labeling provisions of W. Va. Code §
									19-16-2.
				The percentage listed opposite each kind is the germination standard for that
				kind. For the kinds marked with an asterisk, the percentage is the total of
				percentage germination and percentage hard seed. For other kinds, it is the
				percentage germination.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Section 61-9-21 - Assessment of Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. A
				penalty shall be assessed each time a lot of seed is found to be deficient in
				any of the following areas.
21.1.1. When it
				fails for any component of the purity analysis.
21.1.2. When it fails for the germination
				analysis.
21.1.3. When it is found
				to contain excess weed seed.
21.1.4. When it fails for the noxious weed
				seed examination.
21.1.5. When no
				analysis tag is attached.
21.1.6.
				When it is found to be mislabeled.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Appendix 1

Current through Register Vol. XLI, No. 28, July 12, 2024
Germination Standard for Agricultural
				  Seeds
The germination standard for all other agricultural seed,
				  for which a standard has not been established, shall be 70%.
Kind
Percent
Alfalfa
75
Barley
80
Bentgrass
75
Bluegrass
65
Buckwheat
80
Clover, Alike
80
Clover, Crimson
75
Clover, Ladino
80
Clover, Red
80
Clover, Sweet
75
Clover, White
80
Cowpea
65
Corn, Field
80
Fescue
70
Lespedeza
75
Millet
70
Oat
75
Orchardgrass
75
Rye
70
Ryegrass
80
Sorghum
65
Soybean
75
Sudangrass
70
Timothy
75
Vetch
80
Wheat
80
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Appendix 2

Current through Register Vol. XLI, No. 28, July 12, 2024
Hermetically Sealed Seed The seed in the container does not
				  exceed the percentage of moisture, on a wet weight basis as listed:
Agricultural Seeds
Percent
Beet, Field
7.5
Beet, Sugar
7.5
Bluegrass, Kentucky
6.0
Clover, Crimson
8.0
Fescue, Red
8.0
Ryegrass, Annual
8.0
Ryegrass, Perennial
8.0
All others
6.0
Mixtures of Above
8.0
Bean, Garden
7.0
Bean, Lima
7.0
Beet
7.5
Broccoli
5.0
Brussels Sprouts
5.0
Cabbage
5.0
Carrot
7.0
Cauliflower
5.0
Celeriac
7.0
Celery
7.0
Chard, Swiss
7.5
Chinese Cabbage
5.0
Chives
6.5
Collards
5.0
Corn, Sweet
8.0
Cucumber
6.0
Eggplant
6.0
Kale
5.0
Kohlrabi
5.0
Leek
6.5
Lettuce
5.5
Muskmelon
6.0
Mustard, India
5.0
Onion
6.5
Onion, Welsh
6.5
Parsley
6.5
Parsnip
6.0
Pea
7.0
Pepper
4.5
Pumpkin
6.0
Radish
5.0
Rutabaga
5.0
Spinach
8.0
Squash
6.0
Tomato
5.5
Turnip
5.0
Watermelon
6.5
All Others
6.0
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Appendix 3

Current through Register Vol. XLI, No. 28, July 12, 2024
Germination Standard for Vegetable Seeds
The germination standards for all other vegetable and herb
				  seed, for which a standard has not been established, shall be 50%.
Kind
Percent
Anise
50
Artichoke
60
Asparagus
70
Asparagusbean
75
Basil, Sweet
70
Bean, garden
70
Bean, Lima
70
Bean, Runner
75
Beet
65
Broadbean
75
Broccoli
75
Brussel Sprouts
70
Burdock, Great
60
Cabbage
75
Cabbage Tronchuda
70
Cantaloupe
(see Muskmelon)
Caraway
55
Cardoon
60
Carrot
55
Cauliflower
75
Celeraic
55
Celery
55
Chard, Swiss
65
Chervil, Salad
65
Chicory
65
Chinese Cabbage
75
Chives
50
Collards
80
Citron
65
Coriander
70
Corn, Pop
75
Corn, Sweet
75
Cornsalad
70
Cowpea
75
Cress, Garden
75
Cress, Upland
60
Cress, Water
40
Cucumber
80
Dandelion
60
Eggplant
60
Endive
70
Fennel, Florence
60
Fennel, Sweet
50
Kale
75
Kale, Chinese
75
Kale, Siberian
75
Kohlrabi
75
Leek
60
Lettuce
80
Muskmelon
75
Marjoram, Sweet
50
Mustard
75
Mustard, Spinach
75
Okra
50
Onion
70
Onion, Welsh
70
Oregano
60
Pak-Choi
75
Parsley
60
Parsnip
60
Pea
80
Peanut
80
Pepper
60
Pumpkin
75
Radish
75
Rhubarb
60
Roquette
60
Rosemary
30
Rutabaga
75
Sage
60
Salsify
75
Savory, Summer
55
Sorrel
65
Soybean
75
Spinach
GO
Spinach, New Zealand
40
Squash
75
Thyme
50
Tomato
75
Tomato, Husk
50
Turnip
80
Watermelon
70
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Appendix 6

Current through Register Vol. XLI, No. 28, July 12, 2024
REGISTRATION AND POUNDAGE FEES
(1)
Registration of Seedsman
$125.00
(2)
Packet Display Stamps
$10.00 each
(3)
Poundage Fee for Forest and Forage Seeds
								-
$0.50 per 100 weight
(4)
Poundage Fee for Agriculture Crop Seeds
								-
$0.50 per 100 weight
(5)
Seed Potatoes -
$0.35 per 100 weight
(6)
Registration Late Fee Penalty
$100.00
(7)
Tonnage Late Fee Penalty
$100.00
(8)
Seed Conditioning Facility
								Inspection
$100.00
(9)
Seed Conditioner Permit
$125.00
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-09 - WV Seed Law › Appendix 7

Current through Register Vol. XLI, No. 28, July 12, 2024
Testing Fees
Kind of Seed
Germination
Purity & West Virginia Noxious Weed Seed
								Examinations
Complete Test*
Bulk Examination
Vegetables
$10
$10
$15
$10
Lawn, Forage, & Native
								Grasses
$15
$15
$25
$15
Grains
$10
$10
$17
$10
Clovers, Alfalfas, Lespedezas, & Similar
								Seeds
$10
$10
$17
$10
Flowers
$15
$15
$25
$15
Trees & Shrubs
$20
$20
$25
$20
*A Complete Test consists of purity, germination, and
				  West Virginia noxious weed seed examination.
Miscellaneous Tests
All States Noxious Weed Seed
								Examination
$35
Seed Count
$10
Moisture Content
$10
Miscellaneous Charges
Washing of Coated, Pelleted, or Treated
								Seed
$10
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-10 - Fresh Food Act › Section 61-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				purpose of this law is to establish rules and regulations for enforcement and
				administration of the West Virginia Fresh Food Act, with a goal of increasing
				the availability of locally-grown foods, developing a market for locally-grown
				foods, encouraging state-funded institutions to engage in agricultural
				activities, and spurring self-sufficiency and economic independence.
1.2. Authority. -- West Virginia Code §
									19-37-3
1.3. Filing Date. - April 15, 2022
1.4. Effective Date. - April 18,
				2022
1.5. Sunset Provision. -- This
				rule shall terminate and have no further force and effect August 1,
				2032.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-10 - Fresh Food Act › Section 61-10-3 - State-Funded Institution Liaisons

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No later than September 1, 2019, each
				state-funded institution shall appoint an individual to serve as primary
				liaison to the Department for purposes of providing information to monitor and
				ensure compliance with the Fresh Food Act.
3.1.a. An individual may serve as the primary
				liaison for one or more state-funded institutions, so long as he or she has
				access to the required information to perform the functions of the
				role.
3.1.b. Each state-funded
				institution shall annually review and, if necessary, update its primary liaison
				with the Department.
3.1.c.
				Compliance with this registration requirement is a prerequisite for a
				state-funded institution to obtain a phase-in waiver from full compliance with
				the requirements of the Act for Fiscal Year 2020, as provided in section 6.2
				below.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-10 - Fresh Food Act › Section 61-10-4 - Initial Submission of Information

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No later than January 1, 2020, each
				state-funded institution shall submit to the Department all contracts or
				agreements for food, or for which food was an element (such as a conference
				agreement or other service agreement) entered into by the state-funded
				institution in the preceding three completed fiscal years.
4.2. No later than March 31, 2020, each
				state-funded institution shall submit, in a form provided by the Department,
				the following analysis of the contracts and agreements submitted pursuant to
				section 4.1:
4.2.a. A calculation detailing
				the percentage of West Virginia foods that were purchased annually over the
				preceding three years;
4.2.b. The
				types of West Virginia foods that were purchased as part of those contracts or
				agreements;
4.2.c. Any efforts
				taken to solicit or obtain West Virginia foods as part of those contracts or
				agreements; and
4.2.d. Contact
				information for each entity with which a contract or agreement was
				made.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-10 - Fresh Food Act › Section 61-10-5 - Requirements for State-funded Institutions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Beginning July 1, 2019, all state-funded
				institutions are required to purchase a minimum of five percent of its food
				from in-state producers.
5.2. No
				later than August 31, 2020, and by August 31 of each year thereafter, each
				state-funded institution shall submit to the Department a food purchasing
				report, on a form provided by WVDA, the following information for the prior
				fiscal year:
5.2.a. The total amount spent,
				either directly or indirectly, on the purchase of food;
5.2.b. The quantity, and reasonable cash
				value, of the produce, meat, and poultry grown or raised by the institution
				which shall count toward its required purchase percentage of West Virginia
				foods;
5.2.c. The percentage, as a
				share of dollars spent, of food purchased over the past fiscal year that
				satisfied the West Virginia foods requirement;
5.2.d. Prior fiscal year documentation
				detailing expenditures on all food purchased; and
5.2.e. Any other information requested by the
				Commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-10 - Fresh Food Act › Section 61-10-6 - Waiver Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				The Commissioner shall have the sole authority to grant waivers to institutions
				in certain circumstances. Two types of waivers are recognized:
6.1.a. Phase-in waivers, which will authorize
				a state-funded institution to gradually increase its purchase of West Virginia
				food, as provided in section 5.3 of this rule; and
6.1.b. Waivers from the annual purchase
				requirements, which will authorize a state-funded institution to obtain a
				retroactive waiver from the requirements of the Fresh Food Act.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-10 - Fresh Food Act › Section 61-10-7 - Enforcement of the Fresh Food Act with State-Funded Institutions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				Commissioner has authority to enforce the provisions of this rule and the Fresh
				Food Act.
7.2. If a state-funded
				institution is determined to be in violation of the requirements of the Fresh
				Food Act and has not obtained a waiver from the Commissioner, the Commissioner
				has the authority to require a state-funded institution to:
7.2.a. Submit to additional and ongoing
				oversight by the Department;
7.2.b.
				Obtain Department approval prior to entering into any contracts that involve
				the purchase of food;
7.2.c. Pay a
				fine commensurate with the good faith, or lack thereof, demonstrated by the
				state-funded institution in attempting to comply with the requirements of the
				Fresh Food Act; or
7.2.d. Engage in
				any other conduct reasonably believed by the Commissioner to improve the
				ability of the state-funded institution to comply with the requirements of the
				Fresh Food Act in future years.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-10 - Fresh Food Act › Section 61-10-8 - Enforcement Against West Virginia Producers and Sellers of West Virginia Foods

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				Commissioner has authority to review purchases and investigate the eligibility
				of products identified as qualifying as West Virginia foods.
8.2. Any seller who fraudulently
				misrepresents the geographical source of food sold to a state-funded
				institution, or otherwise engages in deception or other disqualifying
				practices, shall be barred from participating in the West Virginia Fresh Food
				Act and its enforcement.
8.3. Upon
				a conclusion that a producer has violated the provisions of section 5.2, the
				Commissioner shall make products sold by that producer ineligible to be
				considered West Virginia foods.
8.3.a. The
				period of ineligibility shall be for a minimum of one year from the date on
				which the order is issued.
8.3.b.
				Upon the conclusion of the ineligibility period, the producer may petition the
				Commissioner for reinstatement into the program.
8.3.c. The Commissioner shall have the sole
				discretion to effect reinstatement or to continue to bar a seller that has
				engaged in fraud.
8.3.d. The
				Commissioner may consider the totality of the circumstances in using his or her
				discretion to grant or deny the petition for reinstatement into the West
				Virginia Fresh Food Program.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-10 - Fresh Food Act › Section 61-10-9 - Construction of Rules to Further Public Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. These rules shall be construed broadly
				to further the public policy set forth in the Fresh Food Act. In the event of
				question of eligibility or any form of ambiguity, the Commissioner of
				Agriculture has the authority to decide if identifying the proposed food as a
				West Virginia food will benefit the West Virginia agricultural
				economy.
9.2. These rules shall not
				be construed to allow West Virginia entities to resell products produced or
				grown outside of West Virginia's borders that have been subject to only minimal
				processing in order to satisfy the provisions of the Fresh Food Act.
9.3. These rules shall not be construed to
				prevent producers from purchasing agricultural inputs from out-of-state
				vendors. Inputs may include but are not limited to feed, seed, fertilizer,
				plugs, seedlings, chicks, livestock, or other inputs for West Virginia
				foods.
9.4. Any contract for the
				purchase of food entered into by a state institution must contain a provision
				requiring five percent of the food purchased be West Virginia foods.
9.4.a. If a state entity has qualified for
				the phase-in waiver established in section 6.2, the contract may also include
				such phase-in.
9.4.b. Inclusion of
				phase-in language by a state institution that has not qualified for the
				phase-in waiver will constitute a violation of the Act.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11 - Reg Governing Public Markets › Section 61-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These regulations establish general operating procedures for public
				markets.
1.2. Authority. -- W. Va.
				Code ''19-1-4B, 19-2 and 2A.
1.3.
				Filing Date. -- April 11, 1991.
1.4. Effective Date. -- April 15,
				1991.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11 - Reg Governing Public Markets › Section 61-11-3 - Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Permit -- All
				persons desiring to operate a public market shall obtain a permit from the
				Commissioner.
3.2. Application for
				permit. -- All persons applying for a permit to operate a public market shall
				make application to the Commissioner on forms furnished by him. The application
				shall contain the following:
3.2.1. Proposed
				location of such market;
3.2.2.
				Type of ownership: Individual, partnership, corporation or
				association;
3.2.3. Principal
				owners and their addresses;
3.2.4.
				How financed;
3.2.5. A fee of
				twenty dollars ($20.00);
3.2.6. A
				plat showing the location and the amount of land, including its elevations, in
				relation to highways or railroads and general accessibility to the
				public;
3.2.7. Blueprints which
				show the details of construction of all barns, buildings and other
				facilities.
3.2.8. Before a permit
				shall be issued by the Commissioner, the applicant shall furnish a bond payable
				to the State of West Virginia for the benefit of consignors, who may be wronged
				or damaged by any fraud or fraudulent practices of the market, in the amount
				prescribed by the Commissioner, but in no case shall the bond be less than the
				average bond maintained by all other public markets in the state that have been
				in operation more than twelve (12) months.