Part 1. TEXAS DEPARTMENT OF AGRICULTURE
Chapter 10. SEED CERTIFICATION STANDARDS
Subchapter A. GENERAL REQUIREMENTS
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Agriculture or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Agriculture (the department) and the State Seed and Plant (the Board) propose the repeal of §10.11 concerning bulk sales. The repeal is proposed in order to rewrite and update this entire section. Proposed new §10.11 is being filed 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 State Seed and Plant Board.
Mr. Price, Regulatory Branch Chief for Regulatory Programs, has determined that, for each year of the first five-year period the proposed repeal is in effect, there will be no fiscal implications for state or local government as result of enforcing or administering the proposed repeal.
Mr. Price also has determined that, for each year of the first five years the proposed repeal is in effect, the public benefit anticipated as a result of enforcing the repeal will be to eliminate an outdated rule. There will be no effect on microbusinesses, small or large businesses. There is no anticipated economic cost to persons who are required to comply with the repeal, as proposed.
Comments on the proposal may be submitted to Ed Price, Regulatory Branch Chief for Regulatory Programs, 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 repeal is proposed 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 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.
§10.11.Bulk Sales.
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 25, 2007.
TRD-200702640
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 5, 2007
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) and the State Seed and Plant Board (the Board) propose new §10.11, concerning additional requirements for bulk seed sales. The new section is proposed to update the sale of bulk seed for certification. Proposed new §10.11 clarifies the standards for genetic seed certification. 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 State Seed and Plant Board.
Ed Price, Regulatory Branch Chief for Regulatory Programs, 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 result of enforcing or administering the section. All fees imposed under this section will remain at their current levels.
Mr. Price 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 will be enhanced quality of genetically certified planting seed. There will be no effect on microbusinesses or small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed.
Comments on the proposal may be submitted to Ed Price, Regulatory Branch Chief for Regulatory Programs, 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.
§10.11.Bulk Sales.
(a) Requirements for sale. The Foundation class of seed may not be sold in bulk. The Registered class of only small grains and rice and the Certified class of any crop kind may be sold in bulk provided the identity of the seed is carefully maintained and the seed is handled in a manner which prevents a mixture. All field and seed standards other than even weight bagging must be met prior to date of sale.
(b) Seller's responsibility. It is the seller's responsibility to:
(1) handle seed in a manner to prevent mixtures and contamination;
(2) supply seed that is representative of the seed tested and approved for certification;
(3) insure that all bins, augers, conveyors, and other equipment are adequately cleaned before handling certified seed;
(4) determine that the vehicle receiving bulk certified seed is clean;
(5) keep a sample of each load of bulk certified seed sold; and
(6) not accept any returned seed.
(c) Maintaining purity of seed. It is the buyer's responsibility to maintain purity of the seed after it has been loaded into the buyer's vehicle. Any unplanted seed cannot be returned to seller.
(d) Selling seed of the Certified class in bulk. A maximum of two sales and two physical seed transfers are allowed. Delivery may be made by the certified seed grower or a retail seed facility, licensed under §9.2 of this title (relating to Agricultural Seed), directly to the consumer. Applications must be made on forms obtained from the department.
(1) The certified seed grower shall:
(A) submit a completed application and copy of the "Report of Seed Analysis" from an approved laboratory to the department;
(B) provide a completed and signed Bulk Sales Certificate, on a form approved by the department, to the buyer at delivery;
(C) submit a copy of the Bulk Sales Certificate and a one-pound sample of each transaction to the Seed Quality Program in Giddings within 30 days of each transaction along with the following information:
(i) weight of seed;
(ii) date of transaction;
(iii) buyer's name and address; and
(iv) delivery point;
(D) pay the necessary Bulk Sales Certificate fee ($.10 per one hundred pounds, or fraction of one hundred pounds of seed); and
(E) if delivery is made directly to the consumer, pay the necessary Agricultural Seed Inspection Fee ($.07 per one hundred pounds, or fraction of one hundred pounds of seed, if on the reporting system of $.07 per one hundred pounds, or fraction of one hundred pounds of seed, if using seed feed labels);
(F) maintain the following records:
(i) the amount of certified seed sold as bulk seed;
(ii) copies of the Bulk Sales Certificate;
(iii) a current inventory of seed of each variety available for sale.
(2) The retail seed facility shall:
(A) provide the consumer a completed Supplemental Bulk Certificate, on a form approved by the department, upon delivery;
(B) provide the consumer with necessary label(s) printed with all of the analysis information required under VTCA, Agriculture Code, §61.004, (relating to labeling of Agricultural Seed);
(C) submit a copy of the completed Supplemental Bulk Certificate to the Seed Quality Program in Giddings within 30 days of each transaction; and
(D) maintain the following records:
(i) the amount of certified seed sold as bulk seed;
(ii) copies of the Bulk Sales Certificate;
(iii) copies of the Supplemental Bulk Certificate; and
(iv) a current inventory of seed of each variety available for sale.
(e) Selling seed of the Registered class in bulk. A maximum of two sales with a maximum of one delivery are allowed. The delivery is to be made by the certified seed grower directly to the consumer. The certified seed grower shall comply with the requirements of subsection (d)(1) of this section and maintain the following records:
(1) the amount of certified seed sold as bulk seed;
(2) copies of the Bulk Sales Certificate; and
(3) a current inventory of seed of each variety available for sale.
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 25, 2007.
TRD-200702641
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 5, 2007
For further information, please call: (512) 463-4075