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) propose 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.
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 proposed 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 amendments
will allow the board to allow recertification anytime a disaster occurs. The
proposed amendments to §§10.5, 10.10 - 10.13, 10.21 and 10.22 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 that fee structure
which is currently provided in the Texas Seed Law. The proposed amendment
to §10.14 adds Bluegrass to the Laboratory Analysis Chart.
Kelly Book, Seed Quality Branch Chief, has determined that for the first
five-year period the rules are in effect there will be fiscal implications
for state government as a result of enforcing or administering the sections.
There will be an estimated increase in state revenue of approximately $4,000
per year resulting from the increase of fees for the selling of bulk seed.
There will be no fiscal implications for local government as a result of enforcing
or administering the sections.
Ms. Book also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be to clarify sections and eliminate a technicality to allow
for a plentiful supply of genetically certified planting seed. For the first
five-year period the sections are in effect, the cost of compliance for both
micro-businesses, small, and large businesses could be a cost increase of
approximately $200 per year due to an increase in the fees for the selling
of bulk seed. The anticipated economic cost to persons who are required to
comply with the rules as proposed could be a cost increase of approximately
$200 per year per individual selling bulk seed.
Comments on the proposal may be submitted to Kelly Book, Seed Quality Branch
Chief, Secretary, State Seed and Plant Board at the Texas Department of Agriculture,
P.O. Box 12847, Austin, Texas 78711. Comments must be received no later than
30 days from the date of publication of the proposal in the
Texas Register
.
Subchapter A. GENERAL REQUIREMENTS
4 TAC §§10.4, 10.5, 10.10, 10.11
The amendments to §§10.4, 10.5, 10.10, and 10.11
are proposed 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.
The Texas Agriculture Code, Chapter 62, is affected by the proposal.
§10.4.Limitations of Generations.
The number of generations through which a variety may be multiplied
shall be limited to that specified by the originating breeder or owner of
a variety, but shall not exceed two generations beyond foundation seed, with
the following exceptions:
(1)
(No change.)
(2)
The production of an additional generation of the certified
class only may be permitted on a one year basis when an emergency is declared
[
§10.5.Application for Field Inspection.
(a)
Applications must be made on [
(b) - (d)
(No change.)
(e)
The applicant may request reinspection of a rejected field
provided the cause for rejection can be corrected and provided he/she again
submits an inspection fee for the acreage involved[
§10.10.Labels.
(a)
(No change.)
(b)
Forms
[
(c)
(No change.)
(d)
All classes of certified seed, when offered for sale, shall
have an official certification label affixed to each container clearly identifying
the certifying agency, the reference number, the variety name, and the kind
and class of seed. All classes of certified seed offered for sale shall bear
the proper certification label issued by the Seed Quality Program. Such labels
shall bear the state seal. Unless the specific standard provides for an additional
label color, the labels shall be printed as follows:
(1) - (3)
(No change.)
(e) - (h)
(No change.)
(i)
The cost of certification labels shall be
$.08 each,
or $.08 for each 100 pounds or fraction of 100 pounds of seed. The type of
labels available are
:
(1)
foundation, registered, and certified labels[
(2)
Organization for Economic Cooperation and Development (OECD)
certified labels[
(3)
Pressure sensitive labels[
(4)
gum labels[
§10.11.Bulk Sales.
(a) - (b)
(No change.)
(c)
The certified seed grower
must
[
(1) - (7)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on December 20, 2001.
TRD-200108200
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 463-4075
4 TAC §10.12
The amendment to §10.12 is proposed 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.
The Texas Agriculture Code, Chapter 62, is affected by the proposal.
§10.12.Number and Time of Field Inspections.
The following chart designates the date of application and time of
field inspection for various crop kinds, as required for seed certification.
Figure: 4 TAC §10.12
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on December 20, 2001.
TRD-200108201
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 463-4075
4 TAC §10.13
The amendment to §10.13 is proposed 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.
The Texas Agriculture Code, Chapter 62, is affected by the proposal.
§10.13.Inspection Fees for Certification.
The following chart designates fees per acre for various crop kinds
as required for seed certification.
Figure: 4 TAC §10.13
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on December 20, 2001.
TRD-200108202
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 463-4075
prior to the planting season
] by the State Seed and Plant Board
stating that foundation and registered seed
supplies
[
supplied
] are not adequate to plant the needed certified acreage of the variety.
The permission of the originating or sponsoring plant breeder, institution,
firm, or owner of the variety, if existent, must be obtained. The additional
generation of certified seed to meet the emergency need is ineligible for
recertification.
official
] forms
obtained from the Seed Quality Program. The application fee must be submitted
along with specific acreage inspection fees. The acreage inspection fee will
be refunded if the application is canceled in time to save an inspector making
a trip to the field.
, thereby bringing
the total inspection fee to twice that stated in the commodity standards
].
In no case will the reinspection fee be less than $20. Request for reinspection
of a rejected field will not be accepted if it can be determined that the
inspector will not be able to visit the field in sufficient time before harvest
to make a satisfactory inspection.
Application forms
] for ordering
certification labels are available from the Seed Quality Program.
--$.08
each
];
--$.08 each
];
--$.08 each
];
--$.08 each
].
shall
]
provide a copy of the shipping order or bill of lading to the consumer upon
delivery and an invoice to the deliver purchaser. A copy of each
and
the necessary certification tag fee (at $.08 per one hundred pounds) must
[
shall
] be forwarded to the[
, director
] Seed
Quality Program, within 30 days. The following information must be included
on the invoice:
Subchapter B. FIELD INSPECTION CHART
Subchapter C. ACREAGE INSPECTION FEES FOR CERTIFICATION
Subchapter D. LABORATORY ANALYSIS CHART