TITLE agriculture

Part I. Texas Department of Agriculture

Chapter 9. Seed Quality

Special Provisions for Labeling

4 TAC §9.10

The Texas Department of Agriculture (the department) proposes an amendment to §9.10, concerning the labeling of treated seed under the Texas Seed Law. The purpose of the proposed amendment is to provide notice to consumers using treated seed so that they can take precautionary action if necessary, based on the label. The Texas seed regulations currently do not address the labeling of treated seed offered for sale or sold within Texas, and the Federal Insecticide, Fungicide, and Rodenticide Act only covers applications of a substance to the seed and does not extend to the labeling of the seed product after treatment. The department published an emergency adoption of this proposed amendment in the December 17, 1996, issue of the Texas Register (21 TexReg 12039), effective until March 9, 1997.

Charles Leamons, director for seed quality, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Mr. Leamons also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section is providing notice of seed treatment to consumers so that consumers using treated seed can take precautionary action if necessary based on the label. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed.

Comments on the proposal may be submitted to Charles Leamons, Director for Seed Quality, Texas Department of Agriculture, P. O. Box 629, Giddings, Texas 78942. Comments must be received no later than 30 days from the date of the publication of the proposal in the Texas Register .

The amendment is proposed under the Texas Agriculture Code, §61.002, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary for the efficient enforcement of the Texas Seed Law.

The Texas Agriculture Code, Chapter 61, is affected by the proposal.

§9.10.Treated Seed.

Treated seed must meet the most current labeling requirements adopted in the Federal Seed Act regulations. The Department of Agriculture hereby adopts by reference the requirements found at 7 Code of Federal Regulations, §201.31a. Information relative to obtaining copies of the material adopted by reference may be obtained by writing to the Texas Department of Agriculture, Seed Quality, P. O. Box 629, Giddings, Texas 78942. A copy is also available for public inspection at the Texas Department of Agriculture, Seed Quality, W. H. (Bill) Pieratt Building, Giddings, Texas. [All treated seed shall be labeled in accordance with the Federal Insecticide, Fungicide and Rodenticide Act, as amended].

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.

Issued in Austin, Texas, on January 6, 1997.

TRD-9700166

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: February 17, 1997

For further information, please call: (512) 463-7583