TITLE 4.AGRICULTURE

Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 10. SEED CERTIFICATION STANDARDS

Subchapter A. GENERAL REQUIREMENTS

4 TAC §10.11

The Texas Department of Agriculture (the department) and the State Seed and Plant Board (the Board) adopt the repeal of §10.11 concerning bulk sales. The repeal is adopted in order to rewrite and update this entire section. New §10.11 is being adopted in a separate submission. 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.

No comments were received on the proposal.

The repeal is adopted under the Texas Agriculture Code, §62.004, 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 and the Texas Agriculture 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 May 23, 2002.

TRD-200203175

Dolores Alvarado Hibbs

General Deputy Counsel

Texas Department of Agriculture

Effective date: June 12, 2002

Proposal publication date: April 5, 2002

For further information, please call: (512) 463-4075


4 TAC §10.11

The Texas Department of Agriculture (the department) and the State Seed and Plant Board (the Board) adopt new §10.11, concerning bulk sales. The new section is adopted to update requirement for the sale of bulk seed for certification. The new section will allow sales of Registered and Certified classes of small grains and rice in a form that will benefit farmers with modern planting equipment by allowing for a less cumbersome means of loading modern planting equipment. This will also allow Texas seedsmen to sell the registered class of small grains and rice and the certified class of all crop kinds across state lines and be recognized by other state certification programs. Further, the new section provides for the same fee structure on bulk seed sales as the existing rule, which is the same as that structure used in the sale of other seed under the Texas Seed Law. 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.

No comments were received on the proposal

The new section is adopted under the Texas Agriculture Code, §62.004, 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 and the Texas Agriculture 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 May 23, 2002

TRD-200203176

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: June 12, 2002

Proposal publication date: April 5, 2002

For further information, please call: (512) 463-4075