Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 10.
SEED CERTIFICATION STANDARDS
The Texas Department of Agriculture (the department) and the State
Seed and Plant Board (the Board) adopt amendments to §§10.4, 10.5,
10.10-10.14, 10.21 and 10.22, concerning limitations of generations, bulk
sales labeling fees, additional requirements for certification and requirements
and standards for hybrid sorghum and sunflower varietal purity grow-outs,
without changes to the proposal published in the January 4, 2002 issue of
the
Texas Register
(27 TexReg 15-18). The
department is the certifying agency in the administration of the Seed and
Plant Certification Act, and is charged with administering and enforcing the
standards adopted by the Board. The amendment to §10.4, concerning recertification
of crops, deletes a requirement that prevents the Board from permitting production
of an additional generation of certified seed at anytime unless an emergency
is declared prior to the planting season. Many times recertification is not
needed prior to the planting season, but inclement weather conditions may
greatly reduce or destroy production areas and cause a severe reduction in
quantity and quality of seed. The amendment will allow the board to allow
recertification anytime a disaster occurs. The amendments to §§10.5,
10.10-10.13, and 10.21-10.22 are adopted to clarify the sections and change
the cost of selling bulk seed. This would allow for use of the same fee structure
for the sale of bulk seed as the fee structure currently provided in the Texas
Seed Law. The amendment to §10.14 adds Bluegrass to the Laboratory Analysis
Chart. This amendment is made to provide a standard for kinds and varieties
of bluegrass to be certified by the Board.
No comments were received on the proposal.
Subchapter A. GENERAL REQUIREMENTS
4 TAC §§10.4, 10.5, 10.10, 10.11
The amendments to §§10.4, 10.5 and 10.10, 10.11
are adopted under the Texas Agriculture Code (the Code) §62.002, which
provides the State Seed and Plant Board with the authority to establish standards
of genetic purity and identity as necessary for the efficient enforcement
of agricultural interests; the Code §62.008, which provides the department
with the authority to fix and collect a fee for the issuance of a certification
label; and the Code §12.016, which provides the department with the authority
to adopt rules for administration of the code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 8, 2002.
TRD-200200828
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: February 28, 2002
Proposal publication date: January 4, 2002
For further information, please call: (512) 463-4075
4 TAC §10.12
The amendment to §10.12 is adopted under the Texas Agriculture
Code (the Code), §62.002, which provides the State Seed and Plant Board
with the authority to establish standards of genetic purity and identity as
necessary for the efficient enforcement of agricultural interest and the Code §12.016,
which provides the department with the authority to adopt rules for administration
of the code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 8, 2002.
TRD-200200829
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: February 28, 2002
Proposal publication date: January 4, 2002
For further information, please call: (512) 463-4075
4 TAC §10.13
The amendment to §10.13 is adopted under the Texas Agriculture
Code (the Code), §62.002, which provides the State Seed and Plant Board
with the authority to establish standards of genetic purity and identity as
necessary for the efficient enforcement of agricultural interest and the Code §12.016,
which provides the department with the authority to adopt rules for administration
of the code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 8, 2002.
TRD-200200830
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: February 28, 2002
Proposal publication date: January 4, 2002
For further information, please call: (512) 463-4075
Subchapter B. FIELD INSPECTION CHART
Subchapter C. ACREAGE INSPECTION FEES FOR CERTIFICATION
Subchapter D. LABORATORY ANALYSIS CHART