4 TAC §10.31
The Texas Department of Agriculture (the department) and
the State Seed and Plant Board (the Board) propose new §10.31, concerning
Native Plant Materials. The new section will address the eligibility requirements
for species of native forbs, grasses and shrubs. These standards address seed,
seedlings, or other propagating materials of native species, selections, clones,
or intraspecific hybrids, which have not been released as a variety. 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.
Ed Price, Regulatory Programs Branch Chief, has determined that for the
first five-year period the new section is in effect there will be an increase
of state revenue of approximately $4,000 per year generated by certification
fees. There will be no fiscal implications for local government as result
of enforcing or administering the new section.
Mr. Price also has determined that for each year of the first five years
the new section is in effect the public benefit anticipated as a result of
enforcing the new section will be an enhanced supply of Texas native plant
materials available to consumers and eligible for participation in remediation
programs. For the first five-year period the new section is in effect, the
cost of compliance for both small and large businesses who are required to
comply with the section as proposed could be a cost of approximately up to
$200 per year per individual. The fees for certification of Texas native plants
will be the same acreage fees for certification that are provided at §10.13
of the department's Seed Certification Standards, and the estimated cost per
individual is based on a $25 per field fee and an average cost of $5 per acre.
Comments on the proposal may be submitted to Ed Price, Seed Quality Branch
Chief, 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
.
The new section is proposed under the Texas Agriculture 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 Texas Agriculture 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.
§10.31.Texas Native Plant Materials.
(a)
Eligibility Requirements. Only forbs, grasses and shrubs
that are native to and produced in Texas are eligible for certification. These
standards address seed, seedlings, or other propagating materials of species,
selections, clones, or intraspecific hybrids, which have not been released
as a variety.
(b)
Definitions. In addition to the definitions found at §10.1
of this title (relating to Definitions), the following words and terms when
used in this subchapter, shall have the following meanings, unless the context
clearly indicates otherwise.
(1)
Generation 1--The progeny of a Selected Texas Native Germplasm
selection;
(2)
Generation 2--The progeny of a Selected Texas Native Germplasm
Generation 1.
(3)
Generation 3--The progeny of a Selected Texas Native Germplasm
Generation 1 or Generation 2.
(4)
Generation 4--The progeny of a Selected Texas Native Germplasm
Generation 1, Generation 2, or Generation 3.
(5)
Generation 5--The progeny of a Selected Texas Native Germplasm
Selected Native Germplasm Generation 1, Generation 2, Generation 3, or Generation
4.
(6)
Generation 6--The progeny of a Selected Texas Native Germplasm
Generation 1, Generation 2, Generation 3, Generation 4, or Generation 5.
(7)
Generation 7--The progeny of a Selected Texas Germplasm
Generation 1, Generation 2, Generation 3, Generation 4, Generation 5 or Generation
6.
(8)
Selected Texas Native Germplasm (green label)--Seed, seedlings,
or other propagating materials from untested parentage of rigidly selected
Texas native plant stands that have promise, but not proof, of genetic superiority.
(9)
Source Identified Texas Native Germplasm (yellow label)--Seed,
seedlings, or other propagating materials collected from native plant stands
in Texas, where no selection or testing of the parent population has been
made.
(c)
Designation of Classes of Seed. For the purposes of this
subchapter, Selected Texas Native Germplasm and Source Identified Texas Native
Germplasm are eligible for certification. The classes are:
(1)
Source Identified Texas Native Germplasm;
(2)
Generation 1;
(3)
Generation 2;
(4)
Generation 3;
(5)
Generation 4;
(6)
Generation 5;
(7)
Generation 6;
(8)
Generation 7.
(d)
Field Standards.
Figure: 4 TAC §10.31(d)
(e) Seed Standards. The seed must meet the requirements of §10.9
of this title (relating to Seed Testing).
(f) Label requirements.
(1) The Selected Texas Native Germplasm certification label
shall include the following information:
(A) producer's name and address or code designation;
(B)
genus and species (and subspecies, if appropriate);
(C)
lot number;
(D)
generation,
(E)
net weight.
(2)
The Source Identified Texas Native Germplasm label shall
include the following information:
(A)
producer's name and address or code designation;
(B)
genus and species (and subspecies, if appropriate);
(C)
lot number;
(D)
net weight.
(3)
In addition to the requirements of the Texas Agriculture
Code §61.004, an analysis tag or label is required on each certified
seed container and must contain the following additional information:
(A)
scientific name of the genus and species (and subspecies,
if appropriate);
(B)
geographic collection site (location of collection- state
and county or other acceptable geographic zone within the state).
(4) Treated seed. Treated seed must meet the requirements adopted
in §9.10 of this title (relating to Treated Seed).
(5) Specific requirements.
Figure 1: 4 TAC §10.31(f)(5)
Figure 2: 4 TAC §10.31(f)(5)
(g) Application and Fees for Field Inspection.
(1) Application and inspection fees, as shown in Table I of §10.13
of this title (relating to Inspection fees for Certification) , are required
to be paid at the time of application.
(2) Filing of applications. In addition to the requirements
of §10.15 of this title (relating to Genetic Seed Certification Standards),
all applications for inspection must be filed with the department at least
30 days prior to flowering.
(3)
Field inspections.
(A)
At least one official inspection must be completed during
the growing season at a time when it is possible to identify any other perennial
grasses and/or strains of noxious weeds.
(B)
After the initial inspection, subsequent inspections are
required only in years in which certified seed production is planned, provided
that subsequent inspections shall not be more than five years apart.
(C)
Additional inspections may be performed at the discretion
of the department at any time during seed collection and cleaning without
prior notice.
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 June 5, 2006.
TRD-200603026
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 16, 2006
For further information, please call: (512) 463-4075