Revisions to the Federal Seed Act Regulations
| Published date | 07 July 2020 |
| Citation | 85 FR 40571 |
| Record Number | 2020-12920 |
| Section | Rules and Regulations |
| Court | Agricultural Marketing Service,Agriculture Department |
Federal Register, Volume 85 Issue 130 (Tuesday, July 7, 2020)
[Federal Register Volume 85, Number 130 (Tuesday, July 7, 2020)]
[Rules and Regulations]
[Pages 40571-40584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12920]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 201 and 202
[Doc. No. AMS-ST-19-0039]
RIN 0581-AD91
Revisions to the Federal Seed Act Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This final rule revises the regulations that implement the
Federal Seed Act (FSA). Revisions are made to seed labeling, testing,
and certification requirements. The revisions add certain seed species
to the lists of covered kinds of seed and update the lists to reflect
current scientific nomenclature; update regulations related to seed
quality, germination and purity standards, and acceptable seed testing
methods; and update seed certification and recertification
requirements, including new eligibility standards and the recognition
of current breeding techniques. This rule aligns FSA regulations with
current industry practices, harmonizes FSA testing methods with
industry standards, and clarifies confusing or contradictory language
in the existing regulations. The revisions are expected to reduce trade
burden associated with interstate seed commerce and encourage
compliance with State and Federal laws.
DATES: Effective August 6, 2020.
FOR FURTHER INFORMATION CONTACT: Ernest Allen, Director, Seed
Regulatory and Testing Division, Science and Technology Program, AMS,
USDA; 801 Summit Crossing Place, Suite C, Gastonia, NC 28054, USA;
telephone: 704-810-8884; email [email protected].
SUPPLEMENTARY INFORMATION: The FSA (7 U.S.C. 1551-1611) regulates
interstate commerce of planting seeds for agricultural and gardening
purposes. The FSA requires seeds to meet certain germination rate,
purity, and certification standards. Under the FSA, seeds must be
truthfully labeled with specific quality information. As well, the FSA
requires all persons shipping agricultural seed in interstate commerce
to maintain records of seed variety, origin, treatment, germination,
and purity. Regulations established under the FSA (7 CFR part 201)
(regulations) implement the requirements of the FSA and are
administered by the Agricultural Marketing Service (AMS).
From time to time, AMS finds it necessary to update the regulations
to reflect current industry standards and practices and to remove
obsolete references. AMS last updated the regulations in 2011 (76 FR
31790). AMS met with representatives of major seed industry stakeholder
organizations in February 2019 to discuss possible revisions to make
the regulations more reflective of current industry practices and
updated testing methods. Based on stakeholder input, the Seed
Regulatory and Testing Division of AMS's Science and Technology Program
initiated this action to update the regulations.
AMS published a proposed rule in the Federal Register on January
27, 2020 (85 FR 4603), describing proposed revisions and updates to the
regulations. The proposed rule provided a 60-day public comment period
ending March 27, 2020. Seven comments were submitted. After considering
the comments, AMS revised some of the proposals based on those
comments. The comments and AMS's responses are discussed in detail in
the Comments section later in this document.
This final rule updates the lists of seed kinds which are covered
by the regulations and revises the names of several agricultural and
vegetable seeds to provide updated scientific nomenclature. This rule
further adds or revises the definitions of other terms used in the
regulations to provide greater clarity for regulated entities. Other
revisions in this rule update the seed labeling, testing, and
certification requirements to reflect revised terminology, as well as
the evolution of industry practices. Finally, this rule makes several
revisions of an administrative nature to correct misspellings and other
errors in the regulations. Specific revisions are described below.
Revisions
Nomenclature
The regulations specify the kinds of agricultural and vegetable
seed that are subject to regulation. This rule revises the list of
agricultural seed covered by the regulation in Sec. 201.2(h) by adding
camelina, radish, and teff to the list. The revisions add radish to the
list of seed kinds for which the variety is required on the label in
Sec. 201.10(a); add camelina, radish, and teff to the list of seed
kinds for which sample weights are specified in Table 1 to Sec.
201.46(d)(2)(iii); add camelina, radish, and teff to the list of seed
kinds for which germination requirements are specified in Table 2 to
Sec. 201.58(c)(3); add teff to the list of seed kinds for which purity
percentage tolerances are increased in Sec. 201.60(a)(1); and add
camelina, chickpea, hemp, radish, and sunn hemp to the list of seed
kinds for which standards related to certification are specified in
Table 5 to Sec. 201.76.
To assure clear market communication about seeds, the regulations
use the Latin scientific names assigned to plants in the International
Code of Nomenclature for Cultivated Plants \1\ and recognized
throughout the world. Occasionally, the International Union of
Biological Science's International Commission for the Nomenclature of
Cultivated Plants revises those scientific names. This rule further
revises Sec. 201.2(h) by updating the scientific names for 15
agricultural seed kinds already on the list (big bluestem, mountain
brome, buffalograss, crambe, galletagrass, guineagrass, forage kochia,
browntop millet, pearl millet, napiergrass, green needlegrass, green
panicgrass, bird rape, turnip rape, and smilo), and by adding another
common name for sunn crotalaria, one of the kinds already on the list.
The rule also updates the scientific name for tomato, which is on
[[Page 40572]]
the list of vegetable seed kinds in Sec. 201.2(i). Such changes align
regulatory language with current terminology and nomenclature
recognized in the industry.
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\1\ The International Code of Nomenclature for Cultivated Plants
(ICNCP or Cultivated Plant Code), published by the International
Society for Horticultural Science. The ICNCP was most recently
updated in 2016.
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Other sections of the regulations reference scientific names, as
well. This final rule updates those references by revising the
scientific names for quackgrass in Sec. 201.17(a); buffalograss,
sunflower, small-seeded legumes, carrot, and mint in Sec. 201.47a;
legumes and crucifers in 201.48(a); sunflower, carrot, and mint in
201.48(f); buffalograss in 201.48(g)(1); legumes in 201.51(a)(1);
quackgrass in 201.51(b)(2)(iv) and (v); sunflower in 201.51(b)(4), and
carrot in 201.56(d).
Other Terminology
Section 201.2 defines other terms used in the regulations. This
rule updates some terms to reflect changes in industry and AMS needs
and processes. This rule revises the term for ``person'' in Sec.
201.2(b) to include individuals and agents to clarify that such
entities are also subject to the regulations. A revision to Sec.
201.2(l)(1) clarifies that each person must keep required records
regarding seed treatment, including, but not limited to, records about
seed coating, film coating, encrusting, or pelleting. This rule makes
corresponding revisions to references to ``treatment'' in Sec.
201.4(b). Revisions to Sec. 201.2(p) clarify that seed mixtures
consist of more than one kind or variety of seed, each present in
excess of 5 percent by weight of the whole, and that combinations of
more than one variety of a single kind of seed may be referred to as
``blends.'' A revision to the definition of ``coated seed'' in Sec.
201.2(q) clarifies that coated seed is any seed covered with a coating
material, while new Sec. 201.2(nn) defines ``coating material'' to
mean any substance that changes the size, shape, or weight of the
original seed, and clarifies that ingredients such as rhizobia, dyes,
polymers, biologicals, and pesticides are not considered coating
materials. A revision to the term ``purity'' in Sec. 201.2(w) removes
the reference to ``crop seed.'' A revision to Sec. 201.2(x) revises
the definition of ``inoculant'' to mean a product consisting of
microorganisms applied to the seed for the purpose of enhancing the
availability or uptake of plant nutrients through the root system. Such
a change aligns FSA regulations with the current Environmental
Protection Agency definition of a plant inoculant,\2\ which is
recognized and used by the industry.
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\2\ See 40 CFR 152.6(g)(2)--EPA's definition of plant inoculant.
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Finally, this rule adds a new paragraph (oo) to Sec. 201.2 to
define the term ``brand,'' which means a name, term, sign, symbol, or
design, or a combination of them that identifies seed as the product of
a seller or group of sellers and distinguishes that seed from the seed
of other sellers. The term's definition will clarify its use in Sec.
201.36b(e).
Records
The FSA regulations require seed shippers to maintain records and
samples for each lot of agricultural and vegetable seed shipped in
interstate commerce. Sections 201.4 through 201.7a specify the
recordkeeping requirements related to seed origin, germination testing,
purity testing, and treatment. This rule revises Sec. 201.4 to clarify
that complete records about seed treatments include records about
treatments such as coating, film coating, encrusting, and pelleting
treatments.
Labeling
The FSA requires each container of agricultural and vegetable seed
shipped in interstate commerce to be labeled with specific information.
For agricultural seed, the label must include, among other things, the
name of each kind of seed comprising more than 5 percent of the
contents, and for certain kinds of seed, the labels must show the
variety(ies). Prior to this rule, Sec. 201.12a of the regulations
required mixtures of lawn and turf seed to be labeled as mixtures and
required the name and percentage of each seed component to be listed on
the label in the order of predominance. This rule revises Sec. 201.12a
by removing the reference to turf and lawn seed mixtures, requiring all
mixtures of agricultural seed for seeding or planting purposes to be
designated mixtures on the label, and requiring the label to list each
seed component on the label in order of predominance. This rule adds a
similar requirement for labeling vegetable seed mixtures by adding a
new Sec. 201.26a--Vegetable Seed Mixtures, which requires labels for
mixtures of vegetable seeds to list each seed component in order of
predominance. This change reflects the current market practice of
packaging vegetable seed mixtures, which has not previously been
addressed in the regulations.
The regulations prohibit the interstate shipment of agricultural
seeds containing seeds or bulblets of certain noxious weeds identified
in Sec. 201.16(b). This rule revises the list of prohibited noxious
weed seed in Sec. 201.16(b) by updating the scientific names of
several species to reflect the current names recognized in the market.
Where the shipment of noxious-weed seed is not prohibited under Sec.
201.16(b), the rate of occurrence in agricultural seed cannot exceed
the rate permitted by each State into which the seed is shipped or
reshipped, and the label must include the rate of occurrence according
to each State's requirements. See 7 CFR 201.16(a). This rule adds a new
Sec. 201.30c that provides similar restrictions for shipments of
noxious-weed seed in vegetable seed in containers weighing more than
one pound. This addition supports State laws regarding noxious-weed
seed in vegetable seed.
Prior to this rule, Sec. 201.18 specified that when agricultural
seeds other than the predominant kind, variety, or type named on the
label are included, they could be collectively identified as ``crop
seeds'' or ``other crop seeds'' by percentage. A change to Sec. 201.18
removes the reference to ``crop seeds'' to reduce confusion about what
is in the seed. Another labeling change removes the reference to
coating material in Sec. 201.19--Inert matter, since coating material
is excluded by definition in another provision.
Under Sec. 201.21, seed labels are required to show the percentage
of hard seed--seed with an impermeable seed coat that doesn't absorb
water and germinate--apart from the agricultural seed germination
percentage. A change to Sec. 201.21 requires labels to also show the
percentage of dormant seed--seed other than hard seed that fails to
germinate under specified conditions--apart from the germination
percentage. This change is necessary to reflect the emerging industry
practice of labeling dormant seed as such and providing the percentage
of dormant seed on the label.
A change to the heading and introductory paragraph of Sec. 201.31
clarifies that the germination standards for vegetable seeds in
interstate commerce are minimum standards.
Prior to this rule, the regulations required seed labels to include
the full name and address of the shipper or consignee, or to show a
code that identifies the shipper. Revisions to Sec. Sec. 201.23,
201.24, 201.27, and 201.28 require the labels of both agricultural and
vegetable seed to show the full name and address of the interstate
shipper or show both a code identifying the interstate shipper and the
full name and address of the consignee. Sections 201.23 and 201.27 are
further revised to define the terms ``shipper'' and ``consignee'' as
they pertain to labeling. AMS intends these changes to reduce
[[Page 40573]]
industry confusion about the labeling requirements.
Section 201.31a requires seed labels to include the name or
description of any treatment applied to the seed. Paragraph (b) of that
section specifies the names that can be used to identify substances
used in seed treatments. This rule revises Sec. 201.31a(b) to clarify
that active ingredient substances used in seed treatments must be
included in the label, and that biological active ingredients should be
identified by their brand names or genus and species names.
Seed Testing
The regulations specify testing requirements for seed shipped in
interstate commerce. Seed testing methodology continues to evolve as
new equipment and processes are developed. In addition to the revisions
described earlier in this document, this rule makes the following
revisions to the testing regulations in 7 CFR part 201 to ensure the
requirements reflect methods and procedures that have been adopted in
the industry and by AMS.
The rule revises the introductory text of Sec. 201.48 to clarify
that pure seed includes all seeds of each kind that are present in
excess of 5 percent by weight of the whole. Revisions to Sec.
201.48(g)(3) remove references to chewings fescue, red fescue, and
orchardgrass from the list of species for which special purity testing
procedures are provided in Sec. 201.51a(b). Corresponding revisions to
the Table of Factors to Apply to Multiple Units in Sec.
201.51a(b)(2)(ii) reflect the revisions to Sec. 201.48(g)(3). A
revision to Sec. 201.51a(a) adds more precise instructions relating to
the Uniform Blowing Procedure used to separate pure seed and inert
matter for seed testing, and the revision better aligns the regulation
with AOSA standards. A revision to Sec. 201.58(a) clarifies that if
the date for a final count for germination testing falls on a weekend
or public holiday, the count can be taken on the following workday. A
revision to Sec. 201.60(b)(2) corrects a reference to tolerance
determinations for ``crop seeds'' to refer to tolerance determinations
for ``other crop seeds.'' A revision to Sec. 201.61 revises the title
of the table in that section to be ``Fluorescence Tolerance, Based on
Test Fluorescence (TFL)'' to clarify that the ryegrass fluorescence
tolerances shown for 400-seed fluorescence tests are based on the test
fluorescence level (TFL) calculated under Sec. 201.58a.
This rule clarifies Sec. 201.64--Pure live seed by clarifying that
dormant seed is considered in the calculation and by adding a
mathematical formula to show how the tolerance for pure live seed is
calculated.
Certification
The regulations require seed certifying agencies to meet specified
qualification standards and comply with procedures outlined in the
regulations. One such procedure provided in Sec. 201.68 requires
certifying agencies to obtain specific information from certification
applicants. This rule revises the introductory text of Sec. 201.68 to
clarify that point, as the regulations have been confusing, making it
unclear that certifying agencies must request the specified
information. A further revision to Sec. 201.68(b) requires entities
applying for certification to supply information about the breeding or
reproductive stabilization procedures used to develop the variety. This
change is necessary to recognize that breeders use different processes
to develop new plant varieties.
A revision to Sec. 201.70(a) permits recertification of seed
beyond the standard two generations past the Foundation seed generation
only when neither Foundation nor Registered class seed are being
maintained. Previously, the regulations allowed recertification of
Certified class seed when no Foundation seed is being maintained, even
if Registered seed was being maintained. This revision prohibits
recertification of Certified class seeds when Registered class seed is
being maintained. Adding this restriction precludes recertification of
Certified class seed when seed of a higher certification class is
available. AMS intends such a restriction to prevent recertification of
the class of seed most likely to have changed over time when more
stable alternatives are available. Revisions to Sec. Sec. 201.74 and
201.75 remove the caveat that certified seed labeling requires the
variety name only if the seed has been certified as to variety. This
change removes contradictory or confusing language from the
regulations, since all certification is varietal.
Section 201.76 of the regulations establishes production standards
for Foundation, Registered, and Certified classes of various crop
seeds. As well as adding the five new crop kinds mentioned earlier in
the Terminology section, this rule adds four explanatory footnotes to
the chart of production standards in Sec. 201.76. New footnote 60
explains that land on which certain seed is grown for certification
must not have been planted in cruciferous crops during the previous
five years, or for the previous three years if the previous crop was of
the same variety and of the same or higher certification class. New
footnote 61 explains that fields producing any class of certified seed
must be at least 50 feet from any other variety or from fields of the
same variety that do not meet the varietal purity requirements for
certification. New footnote 62 pertains to the production of sunn hemp
and explains that no other varieties of Crotolaria species are allowed
in Foundation, Registered, and/or Certified seed production fields. New
footnote 63 explains that producers of certified seed of any class for
that crop should refer to the requirements established by certifying
agencies in the production States for applicable production standards.
AMS added these footnotes to explain specific standards for the new
crops that were added to the Table in Sec. 201.76 (camelina, chickpea,
hemp, radish, and sunn hemp), but most are generic in nature and could
apply to other crops in the future, as well.
Section 201.78 provides additional certification requirements
related to pollen control for hybrids of certain crops. Paragraph (e)
in Sec. 201.78 specifies the determination of the pollen production
index (PPI) for hybrid alfalfa. Paragraph (e) in Sec. 201.78 provides
maximum PPI for various hybrids of Foundation and Certified class seed.
This rule revises Sec. 201.78(e) to provide greater specificity about
maximum PPI allowances for hybrid alfalfa that would depend on the
production method, parentage, and generation of hybrid seed being
analyzed. The industry requested this revision in response to a change
in production practices for hybrid alfalfa seed. AMS expects this
revision to recognize the breadth of hybridization methods currently
used by different plant breeders.
Administrative Changes
AMS made several revisions of an administrative nature to the
regulations to correct typographical errors and update addresses and
other references to reflect current business practices or provide
clarity. A revision to Sec. 201.2(a) replaces the reference to ``the
FSA'' with the words ``the Federal Seed Act'' to clarify the meaning of
the term ``Act'' used throughout the regulations. References to the
``Act'' replace references to the ``act'' throughout the regulations,
and minor misspellings have been corrected in several sections. A
revision to Sec. 201.51a(a)(3) updates the address for obtaining
calibration samples and instructions from the Seed Regulatory and
Testing Division to its current address in Gastonia, North Carolina. A
revision to the entries for ``Oat'' and ``Brussels Sprouts'' in Table
[[Page 40574]]
2 to paragraph (c)(3) in Sec. 201.58 moves the additional germination
directions for fresh and dormant seed into the correct table column.
Finally, AMS revised the headings for Parts 201 and 202 to remove an
undesignated center heading in Part 201 that is no longer needed. These
changes replace references to the terms ``Rules'' or ``Regulations''
with terms that comply with Code of Federal Regulations nomenclature
conventions.
Comments
AMS received seven comments on the proposed rule. One comment from
an individual supports the proposed updates to scientific nomenclature
and to the standards relating to seed quality. The commenter wrote that
the proposed changes are likely to help buyers obtain quality seed.
Four comments from individuals expressed neither support nor opposition
to the proposed rule, but addressed topics unrelated to this
rulemaking. For example, comments advocated the production and use of
home-grown and patient-grown Aloe vera products in veterans' hospitals
and the reduction of tariffs and restrictions on seed trade so people
everywhere could have access to vital seeds. Accordingly, AMS is making
no changes to the rule as proposed based on these comments.
Two comments were submitted by seed trade industry associations.
Both comments support the proposals generally. One commenter expressed
support for the proposed changes in sections not directly dealing with
seed certification, saying that the sections dealing with shipping,
labeling, and seed testing are closely related and important to seed
certification activities. Both commenters suggested revisions to
certain proposals. One commenter noted generally that AMS's proposals
seemed intended to align the requirements for vegetable seed more
closely with those for agricultural seed and that in some cases, that
wouldn't be appropriate. Both commenters' specific concerns are
summarized and addressed below.
Comment: Section 201.2(q) of the regulations defines coated seed as
seed coated with any substance that changes the seed's size, shape, or
weight, excluding certain specified coating material ingredients. AMS
proposed to add polymers and biologicals to the list of excluded
coating materials ingredients. One comment agreed with the addition of
polymers and biologicals to the list, but suggested further revising
the proposed language by specifying that coated seed is any seed coated
with coating material and adding a second definition for coating
material. The commenter suggested that coating material be defined as
any substance intended to change the seed's size, shape, or weight,
excluding certain specified ingredients, including polymers and
biologicals, thus retaining the proposed language, but including it in
a separate definition. The commenter pointed out that coating material
is referenced in several other provisions of the regulations. Thus,
defining the term would help clarify those provisions.
AMS response: AMS agrees that because coating material is
referenced elsewhere in the regulation and is not currently defined, it
makes sense to split the proposed definition of coated seed into two
definitions for greater clarity. Accordingly, AMS is revising the
proposed language for Sec. 201.2(q)--Coated Seed and adding a new
Sec. 201.2(nn)--Coating Material, based on the comment. AMS does not
agree with the commenter's proposal that material only be considered
coating material if it is intended to change a seed's size, shape, or
weight. Regardless of intent, if a substance changes the size, shape,
or weight of the original seed and is not one of the excluded
materials, it is considered coating material.
Comment: Section 201.2(w) of the regulations requires the inclusion
of the names and percentages of other materials in the seed, such as
crop seed and inert matter, when describing the purity of seed. AMS
proposed revising Sec. 201.2(w) by removing the reference to crop seed
and by specifying that inert matter includes coating material, if any
is present. A commenter agreed with removing the reference to crop
seed, as it is redundant to agricultural seed, which is specified in
the regulation. The commenter opposed adding the specification that
inert matter includes coating material, if any is present, because
inert matter is already defined as including coating material if any is
present in Sec. 201.51(c)(3).
AMS further proposed to revise the current definition of inert
matter in Sec. 201.19 to specify that inert matter includes coating
material, if any is present. The commenter also opposed this proposed
revision, again citing Sec. 201.51(c)(3), and saying that the addition
of this language would create unintended negative consequences for the
industry, but not explaining what those would be.
AMS response: AMS agrees that it is not necessary to include the
phrase ``and coating material, if any is present,'' which was proposed
as a clarification to the definitions of purity and inert matter. As
described in Sec. 201.51(c)(3), coating material that has been washed
from seed but is still present is considered inert material. Any
coating material adhering to the seed after it is washed during the
testing process is considered part of the seed. Accordingly, AMS is
revising the proposed language for Sec. 201.2(w) by removing the
reference to ``coating material, if any is present'' when determining
the percentage of inert matter, and by making no changes to the current
language of Sec. 201.19, based on comments.
Comment: AMS proposed to add the term acceptable to Sec. Sec.
201.6--Germination and 201.7--Purity to clarify for regulated entities
the kinds of tests related to seed germination and purity for which
records must be kept. AMS proposed also to add a new definition--
Acceptable test--to the regulations to mean testing according to
methods provided in the FSA regulations or according to the rules of
the Association of Official Seed Analysts (AOSA). Finally, AMS proposed
to replace the reference to ``analyses, tests, and examinations'' with
a reference to ``acceptable tests'' in Sec. 201.2(l)(1), which defines
the term Complete record. One comment opposed adding the definition for
Acceptable test, as well as adding the term acceptable to recordkeeping
requirements in Sec. Sec. 201.6 and 201.7, saying that AOSA rules
don't allow the use of tetrazolium (TZ) testing, which is important to
the reclamation seed business. According to the commenter, the U.S.
Bureau of Land Management (BLM) is the industry's largest single
purchaser of native seed, and BLM uses TZ tests to verify purchases of
native seed before the seed is distributed for reclamation projects.
AMS response: The current regulations do not specify which testing
rules can be followed to determine seed germination and purity. AMS's
proposal was intended to standardize testing by naming two conventions
that would be considered acceptable, but realizes the proposal would
not provide adequate flexibility to the industry. Accordingly, based on
the comments, AMS is not adding a new definition for Acceptable test,
as proposed, and is not adding the term acceptable test to the language
in Sec. Sec. 201.6 and 201.7, based on the comment. To conform with
these revisions to the proposed language, AMS removed the proposed
reference to acceptable test in Sec. 201.2(l)(1), even though the
commenter did not address that reference in the comment.
Comment: The term brand appears in various provisions of the
regulations, but it is not defined. AMS proposed to define brand to
mean word(s), name, symbol, number, mark, design, unique
[[Page 40575]]
design, or any combination of those which distinguishes the seed of one
entity from the seed of another. One commenter supported addition of
the new definition, but opposed the phrase ``distinguishes the seed of
one entity from the seed of another.'' The commenter wrote that
incorporating the word ``entity'' in the definition might be too
confusing. The commenter recommended rewording the proposed definition
of brand to mean word(s), name, symbol, number, mark, design, unique
design, or any combination of those which identifies the product.
AMS response: AMS agrees that a brand should identify a seed
product, but also believes a brand should distinguish between sellers.
To address the commenter's concern about use of the word ``entity,''
AMS referenced the definition of brand used by the American Marketing
Association (AMA). AMA's definition is similar to what was originally
proposed by AMS and provides for both identification of seed as
requested by the commenter and differentiation of seed of different
sellers. Accordingly, in response to the comment, AMS revised the
proposed definition of brand to mean a name, term, sign, symbol,
design, or any combination of them intended to identify the seed of one
seller or group of sellers and to differentiate that seed from the seed
of other sellers.
Comment: AMS proposed to add radish to the list of agricultural
seeds that must be labeled as to variety under Sec. 201.10(a). One
commenter supported the proposal and recommended that chicory,
collards, and kale also be added because they, too, are included in
seed mixtures used as cover crops.
AMS response: AMS understands that chicory, collards, and kale may
be included in cover crop seed mixtures. However, revising the proposed
regulations to add those crops would require further notice and
opportunity to comment. AMS may make such a proposal in the future. At
this time, AMS is making no changes to the proposed rule based on the
comment.
Comment: Section 201.8 of the regulations specify, among other
things, that the required information on the seed label can be in any
form that is clearly legible and may be on a tag securely attached to
the container or printed in a conspicuous manner on the side or top of
the container. The label may also contain information in addition to
that required by the Act, provided such information is not misleading.
One commenter suggested that Sec. 201.8 be revised to provide that
label information could be conveyed through a machine-readable optical
label (Quick Response or QR code) affixed to the container. The
commenter asserted that the technology is widely used in other
industries and readily available.
AMS response: AMS acknowledges that many products now include QR
codes on labels to provide consumers with additional product
information. However, we do not believe the technology is widely enough
available to trust that all consumers will have access to the required
label information. As provided in the regulation, seed labelers may
include QR codes to convey additional product information, but the
required label information must still be printed and attached to the
seed container as specified in the regulation. Accordingly, AMS made no
changes to the regulation based on the comment.
Comment: Currently, the regulations require seed labels to include
the full name and address of either the shipper or the consignee (the
entity buying or receiving the shipment). If the shipper's full name
and address are not provided, the label must show an AMS-approved code
that identifies the shipper, and the consignee's full name and address
must also appear on the label. AMS proposed to revise Sec. Sec.
201.23, 201.24, 201.27, and 201.28 to clarify the labeling requirements
for both agricultural and vegetable seed. AMS proposed to clarify that
labeling requirements pertain to interstate shipments and that if the
shipper is identified only by a code, the consignee's full information
must appear on the label. The proposals were intended to reduce
industry confusion about the labeling requirements. One commenter
requested that AMS revise the proposed language by replacing the word
``shipper'' with ``consignor,'' and by clarifying that label
requirements are for the seed package. The commenter further requested
that consignee information not be required because it would be
impossible to know the final destination of every seed package.
AMS response: AMS agrees that revisions to Sec. Sec. 201.23,
201.24, 201.27, and 201.28 should alleviate confusion about the label
requirements. AMS agrees also that the regulations should specify that
labeling requirements pertain to consumer packages or containers of
seed. AMS believes the commenter is confused about the use of the term
consignee in the regulation. Accordingly, AMS revised the proposed
language to better clarify labeling requirements for agricultural and
vegetable seed, based on the comment. The revisions clarify that labels
for containers or packages of seed must contain the shipper's full name
and address or an AMS designated code to identify the shipper. Further,
if a code--rather than the full name and address--is used to identify
the shipper, the label must include the consignee's full name and
address. Finally, the revised provisions include definitions of the
terms shipper and consignee as used in those sections to clarify their
meaning.
Comment: AMS proposed to revise Sec. 201.29 to clarify that the
germination of vegetable seed in containers of one pound or less should
be expressed as a percentage on the label. AMS further proposed to
revise Sec. Sec. 201.29, 201.29a, 201.30, and 201.63 to provide that
seed labels should show the amounts of dormant seed in containers of
seed as separate from the germination percentage. AMS also proposed a
revision to Sec. 201.31 that would clarify that minimum germination
standards for vegetable seeds in interstate commerce would be construed
to include hard seed and dormant seed. Currently, only the amount of
hard seed is shown on labels, and the germination standards for
vegetable seed in interstate commerce are construed to include hard
seed. One comment agreed with the clarification about expressing
germination by percentage, but opposed the requirement to account for
dormant seed. According to the commenter, vegetable seeds are sold by
count rather than weight, which should be considered when determining
container percentages. The commenter explained further that AOSA rules
do not include testing procedures for dormant seed, making compliance
with the requirement burdensome for the industry.
AMS response: Label information about the germination and amount of
hard seed is expressed as percentages on the label, regardless of the
way seed is sold. Accordingly, AMS is making no change to the proposed
addition of the word ``percentage'' to the language in Sec. 201.29
based on the comment. Further, AMS recognizes that compliance with the
proposed requirement to account for dormant seed could be burdensome
for some segments of the seed industry, because not all testing
conventions require testing for dormant seed. Accordingly, AMS changed
the language as proposed by removing the requirement to show the amount
of dormant seed on labels in Sec. Sec. 201.29, 201.29a, and 201.30,
and by removing the proposed reference to dormant seed in Sec. 201.63,
based on the comment. Finally, AMS removed the proposed reference to
dormant seed in the revised language for Sec. 201.31 to conform with
other revisions, even though the commenter did not address that section
in the comment.
[[Page 40576]]
Comment: AMS proposed to revise Sec. 201.31a(b) to clarify that
the name of any active ingredient substance used to treat seed must be
included on the label. AMS further proposed to include examples of
genus and species names for brand-named biologicals that might be used
to identify active ingredient substances on labels. One commenter
agreed with the clarification that the names of active ingredient
substances must be included on labels, but opposed listing specific
examples because products constantly evolve, and the proposed examples
would be out of date in a short time.
AMS response: AMS agrees that the listed examples are likely to be
obsolete in a short time. Accordingly, we revised the proposed language
for Sec. 201.31a(b) by removing the genus and species name examples.
Comment: AMS proposed to revise Sec. 201.68 to clarify that when
the developer or owner of a variety requests certification of that
variety, the certifying agency must request certain information,
including a statement concerning the variety's origin and the breeding
technique or reproductive stabilization procedures used in its
development. Two commenters supported the proposal in general, but
opposed requiring the developer to state what breeding technique was
used. One of those commenters explained that when the industry met with
AMS in early 2019 as described earlier in this document, the subject
was discussed in light of situations where new varieties were selected
from among natural mutations rather than intentionally developed. Both
commenters agreed that requiring variety developers to reveal breeding
techniques would negatively impact plant breeding innovations. One
commenter asserted further that removing the word ``technique'' from
the proposed language would not have a negative impact on the review
process.
AMS response: AMS agrees that requiring developers to reveal
breeding techniques could negatively impact plant breeding and
innovation. Accordingly, we removed the word ``technique'' from the
proposed language for Sec. 201.68, based on the comment.
Comment: AMS proposed a revision to Sec. 201.70(a) that would
permit recertification of seed beyond the standard two generations past
the Foundation seed generation only when neither Foundation nor
Registered class seed is being maintained. One commenter wrote that
this section of the regulations is especially important in cases where
supplies of parent seed are insufficient to meet demand. The commenter
added that the proposed changes add clarity and expressed support for
the proposal.
AMS response: AMS agrees that this proposal gives the industry
added ability to produce desired seed varieties in case of higher
demand or emergency. Accordingly, AMS made no changes to the proposal
based on the comment.
Comment: Section 201.76 of the regulations establishes production
standards for Foundation, Registered, and Certified classes of various
crop seeds. As well as adding the five new crop kinds mentioned earlier
in the Terminology section, AMS proposed to add four explanatory
footnotes to the chart of production standards in Sec. 201.76. One
comment supported the addition of the footnotes.
AMS response: Each of the newly added crops requires unique growing
conditions. The footnotes provide specific standards for the
production, protection, and quality maintenance for certified classes
of crop seed. Accordingly, AMS made no changes to the proposal based on
the comment.
Comment: AMS proposed to revise Sec. 201.78(e) to provide greater
specificity about maximum pollen production index (PPI) allowances for
hybrid alfalfa that would depend on the production method, parentage,
and generation of hybrid seed being analyzed. One comment supported the
proposed revision.
AMS response: AMS's proposal reflects evolving trends in hybrid
alfalfa production for certification. Accordingly, AMS made no changes
to the proposal based on the comment.
Rulemaking Analyses
Executive Orders 12866, 13563, and 13771
AMS is issuing this final rule in conformance with Executive Orders
12866 and 13563, which direct agencies to assess all costs and benefits
of available regulatory alternatives and, if regulations are necessary,
to select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety effects,
distributive impacts, and equity). Executive Order 13563 emphasizes the
importance of quantifying both costs and benefits, reducing costs,
harmonizing rules, and promoting flexibility.
In the development of this rule, AMS considered alternatives,
including updating only the list of regulated seed varieties or making
no changes at all. Ultimately, AMS rejected those alternatives because
many references and processes in the regulations were obsolete and did
not reflect modern business and industry practices. AMS believes making
these revisions best serve the industry by aligning seed species
references with internationally recognized scientific names, clarifying
processes to simplify regulatory compliance, and improving AMS's
customer service. AMS does not expect this rule to provide any
environmental, public health, or safety benefits.
This rule does not meet the criteria of a significant regulatory
action under Executive Order 12866 as supplemented by Executive Order
13563. Therefore, the Office of Management and Budget (OMB) has not
reviewed this rule under those Orders. Because this rule does not meet
the criteria of a significant regulatory action, it does not trigger
the requirements in Executive Order 13771. See OMB's Memorandum titled
``Interim Guidance Implementing Section 2 of the Executive Order of
January 30, 2017, titled `Reducing Regulation and Controlling
Regulatory Costs''' (February 2, 2017).
AMS does not expect the revisions to impact compliance costs for
the private sector because the industry has already adopted the
practices reflected by the regulatory changes in order to comply with
State laws. AMS expects seed industry stakeholders to benefit from the
references to updated scientific nomenclature, which provides a common
language for marketing seed. Likewise, AMS expects updating the
labeling, testing, and certification requirements to simplify
compliance and facilitate the interstate marketing of seed. AMS also
expects stakeholders to benefit from streamlined AMS business
practices.
Regulatory Flexibility Act
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601 et seq.), AMS has considered the economic
impact of this action on small business entities. The affected industry
falls under the North American Industry Classification System (NAICS)
as code 54171--Research and development in the physical, engineering,
and life sciences. This classification includes firms that are not
plant breeders/plant research; however, no detailed industry data was
available for the analysis.
Table 1 shows the most recent descriptive data for the industry,
obtained from the County Business Pattern 2016 survey. This data set
provides information on the number of establishments, number of
employees and total annual payroll.
[[Page 40577]]
Table 1--Number of Establishments, Revenue and Payroll by Employee Count, NAICS Code 54171, 2016 County Business
Patterns \3\
----------------------------------------------------------------------------------------------------------------
Number of Number of paid Annual payroll
establishments employees ($1,000)
----------------------------------------------------------------------------------------------------------------
All establishments....................................... 17,292 695,810 $82,865,611
----------------------------------------------------------------------------------------------------------------
The Small Business Administration (SBA) determines firm size for
this industry by number of employees, but on a per firm basis, with
small firms defined as having fewer than 1,000 employees and 1,000 or
more employees per firm classified as large. Because firms may own more
than one establishment, and the County Business Patterns data are
compiled on an establishment rather than a firm basis, we must use the
Economic Census data to determine the number of small and large firms
for the industry.
---------------------------------------------------------------------------
\3\ Geography Area Series: County Business Patterns by
Employment Size Class, 2016 Business Patterns, https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=BP_2016_00A3&prodType=table.
---------------------------------------------------------------------------
Table 2 shows the most recent data available on the breakdown
between small (https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf.
Table 2--Number of Firms and Establishments, Revenue and Payroll by Employee Count, NAICS Code 54171, 2002
Economic Census \5\
----------------------------------------------------------------------------------------------------------------
Size of firm by number of Number of Number of Number of paid Revenue * Annual payroll *
employees firms establishments employees ($1,000) ($1,000)
----------------------------------------------------------------------------------------------------------------
Small--Firms with fewer than 10,200 11,753 273,601 $49,702,793 $24,780,487
1,000 employees............
Large--Firms with 1,000 79 1,380 283,816 30,095,258 27,776,903
employees or more..........
-----------------------------------------------------------------------------------
All firms............... 10,279 13,133 557,417 79,798,051 52,557,389
----------------------------------------------------------------------------------------------------------------
* Adjusted to 2016 values.
The 2002 Economic Census reported that fewer than one percent of
firms were considered large (79 of 10,279 firms, or 0.54 percent). The
10,279 firms at that time owned a total of 13,133 establishments, with
1,380 (nearly 11 percent) of these facilities owned by the 79 large
firms.
---------------------------------------------------------------------------
\5\ Professional, Scientific, and Technical Services: Subject
Series--Establishment and Firm Size: Employment Size of Firms for
the United States: 2002 Economic Census of the United States,
https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2002_US_54SSSZ5&prodType=table.
---------------------------------------------------------------------------
The tables show the extent of growth in the industry over time. The
number of establishments has grown from 13,133 in 2002 to 17,292 in
2016 (32 percent, or 2.3 percent per year). Total employment increased
from 557,417 workers to 695,810 (25 percent, or 1.8 percent per year),
and total annual payroll from $52,557,389 to $82,865,611 (58 percent or
4 percent per year). These figures indicate that the industry has seen
small to moderate growth, with a more highly paid work force over time.
There do not appear to be significant changes in the structure of the
industry between 2002 and 2016. AMS expects that the size distribution
of the firms affected by these revisions is consistent with data
reported in the 2002 Economic Census. Therefore, affected firms would
mostly be considered small business entities under the criteria
established by SBA (13 CFR 121.201).
As a result of meeting with representatives of major seed industry
stakeholder organizations in February 2019, AMS is updating regulations
to reflect current industry standards and practices and to remove
obsolete references. The revisions to the existing FSA regulations do
the following:
1. Update the lists of seed kinds which are covered by the
regulations and revise the names of several agricultural and vegetable
seeds to provide updated scientific nomenclature;
2. Revise the definitions of other terms used in the regulations to
provide greater clarity for regulated entities;
3. Update the seed labeling, testing, and certification
requirements to reflect revised terminology and industry practices; and
4. Correct misspellings and other errors in the regulations.
Most of the revisions listed above (1, 2, and 4) are changes in the
regulations that would not impact costs to the private sector. The
third revision listed above is expected to lower the costs of seed
testing for three grass species. The revisions will eliminate the
requirement to segregate certain components of seed in purity testing
for those three species. This will reduce the number of component
separations for those species from five to four. Cost savings are
difficult to estimate. Information on the exact costs of the tests was
difficult to obtain because of the variability in seed testing fees by
third-party labs. Costs for these tests are generally based on hourly
laboratory charges and can range between $10 and $50 per test. Without
data on the breakdown of cost for each of the separations performed in
the test, it is assumed testing costs for the three affected crops
could fall by 20 percent as a result of the proposed revisions.
The revisions ease the requirement to follow test procedures
according to the Federal Seed Act before engaging in interstate
commerce by allowing the use of seed testing methods from Association
of Official Seed Analysts Rules used by most seed testing laboratories
in the U.S. These revisions also expand the time requirement of the
current regulation by allowing testing to be completed only on
laboratory workdays, which effectively acknowledges the existence of
weekends and holidays, eliminating the need for staff to work or
reschedule completion dates.
[[Page 40578]]
The burden of labeling radishes is also expected to fall, as it was
not previously considered agricultural seed under the Federal Seed Act.
Radishes were previously considered only as a vegetable crop and had to
be labeled by variety. Inclusion of radishes as agricultural seed under
the Act will allow the industry to exclude varieties in labeling
agricultural radish seed.
This rule reduces the trade burden associated with interstate seed
commerce and encourages compliance with State and Federal laws. AMS has
determined that this action would not have a significant negative
economic impact on a substantial number of these small business
entities.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information requirements under the regulations have
been approved previously by OMB and assigned OMB No. 0581-0026. No
changes are necessary in those requirements as a result of this action.
Reports and forms are periodically reviewed to reduce information
requirements and duplication by industry and public sector agencies.
Should any changes become necessary, they would be submitted to OMB for
approval.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a major rule as defined by 5 U.S.C. 804(2).
E-Government Act
USDA is committed to complying with the E-Government Act (44 U.S.C.
3601, et seq.) by promoting the use of the internet and other
information technologies to provide increased opportunities for citizen
access to Government information and services, and for other purposes.
Executive Order 13175
This action has been reviewed in accordance with the requirements
of Executive Order 13175--Consultation and Coordination with Indian
Tribal Governments. The review reveals that this regulation would not
have substantial and direct impacts on Tribal governments or
significant Tribal implications.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. It is not intended to have retroactive effect. There
are no administrative procedures that must be exhausted prior to
judicial challenge to the provisions of this final rule.
List of Subjects
7 CFR Part 201
Certified seed, Definitions, Inspections, Labeling, Purity
analysis, Sampling.
7 CFR Part 202
Administrative practice and procedure, Agricultural commodities,
Imports, Labeling, Seeds, Vegetables.
For the reasons set forth in the preamble, 7 CFR parts 201 and 202
are amended as follows:
PART 201--FEDERAL SEED ACT REQUIREMENTS
0
1. The authority citation for part 201 continues to read as follows:
Authority: 7 U.S.C. 1592.
0
2. In part 201, revise the heading to read as set forth above.
0
3. Remove the undesignated center heading ``RULES AND REGULATIONS OF
THE SECRETARY OF AGRICULTURE''.
Sec. 201.2 [Amended]
0
4. Amend Sec. 201.2 by:
0
a. In paragraph (a), removing the word ``FSA'' and adding in its place
the words ``Federal Seed Act'';
0
b. In paragraph (b), removing the words ``a partnership'' and adding in
their place the words ``an individual partnership'' and removing the
words ``or trustee'' and adding in their place the words ``trustee, or
agent'';
0
c. In paragraph (h):
0
i. Removing the terms ``Bluestem, big--Andropogon gerardii Vitman'',
``Brome, mountain--Bromus marginatus Steud.'', ``Buffalograss--Buchloe
dactyloides (Nutt.) Engelm.'', ``Crambe--Crambe abyssinica R.E. Fr.'',
``Crotalaria, sunn--Crotalaria juncea L.'', ``Galletagrass--Hilaria
jamesii (Torr.) Benth.'', ``Guineagrass--Panicum maximum Jacq. var.
maximum'', ``Kochia, forage--Kochia prostrata (L.) Schrad.'', ``Millet,
browntop--Brachiaria ramosa (L.) Stapf'', ``Millet, pearl--Pennisetum
glaucum (L.) R. Br.'', ``Napiergrass--Pennisetum purpureum Schumach.'',
``Needlegrass, green--Stipa viridula Trin.'', ``Panicgrass, green--
Panicum maximum Jacq.'', ``Rape, bird--Brassica rapa L. subsp.
campestris (L.) A.R. Clapham'', ``Rape, turnip--Brassica rapa L. subsp.
campestris (L.)'', and ``Smilo--Piptatherum miliaceum (L.) Coss'';
0
ii. Adding in alphabetical order the terms ``Bluestem, big--Andropogon
gerardi Vitman'', ``Brome, mountain--Bromus carinatus var. marginatus
(Steud.) Barworth & Anderton'', ``Buffalograss--Bouteloua dactyloides
(Nutt.) Columbus'', ``Camelina--Camelina sativa (L.) Crantz subsp.
sativa'', ``Crambe--Crambe hispanica L. subsp. abyssinica'',
``Crotalaria, sunn or sunn hemp--Crotalaria juncea L.'',
``Galletagrass--Pleuraphis jamesii Torr.'', ``Guineagrass--Megathyrsus
maximus (Jacq.) B.K. Simon & S.W.L. Jacobs'', ``Kochia, forage--Bassia
prostrata (L.) A.J. Scott'', ``Millet, browntop--Urochloa ramose (L.)
T.Q. Nguyen'', ``Millet, pearl--Cenchrus americanus (L.) Morrone'',
``Napiergrass--Cenchrus purpureus (Schumach,) Morrone'', ``Needlegrass,
green--Nassella viridula (Trin.) Barkworth'', ``Panicgrass, green--
Megathyrsus maximus (Jacq.) B.K. Simon & S.W.L. Jacobs'', ``Radish--
Raphanus sativus L.'', ``Rape, bird--Brassica rapa L. subsp.
oleifera'', ``Rape, turnip--Brassica rapa L. Subsp. oleifera'',
``Smilo--Oloptum miliaceum (L.) R[ouml]ser & Hamasha'', and ``Teff--
Eragrostis tef (Zuccangi) Trotter'';
0
d. In paragraph (i), removing the term ``Tomato--Lycopersicon
esculentum Mill.'' and adding in its place the term ``Tomato--Solanum
lycopersicum L.'';
0
e. In paragraph (j), removing the word ``act'' and replacing it with
the word ``Act'';
0
f. In paragraph (l)(1) in the first sentence after each use of the word
``treatment'' adding the words ``(including but not limited to coating,
film coating, encrusting, or pelleting)'';
0
g. In the second sentence of paragraph (l)(1), removing the word
``treatment'' and adding in its place the words ``chemical or
biological treatment''.
0
h. Revising paragraphs (p) and (q);
0
i. In paragraph (w), removing the words ``or crop seed'';
0
j. In paragraph (x), removing the words ``commercial preparation
containing nitrogen fixing bacteria applied to seed'' and adding in
their place the words ``product consisting of microorganisms applied to
the seed for the purpose of enhancing the availability or uptake of
plant nutrients through the root system'';
0
k. In paragraph (z), removing the word ``act'' and adding in its place
the word ``Act'';
0
l. In paragraph (mm), removing the word ``detasselling'' and adding in
its place the word ``detasseling''; and
0
m. Adding paragraphs (nn) and (oo).
The revision and additions read as follows:
* * * * *
(h) * * *:
[[Page 40579]]
Bluestem, big--Andropogon gerardi Vitman
* * * * *
Brome, mountain--Bromus carinatus var. marginatus (Steud.) Barworth &
Anderton
* * * * *
Buffalograss--Bouteloua dactyloides (Nutt.) Columbus
* * * * *
Camelina--Camelina sativa (L.) Crantz subsp. sativa
* * * * *
Crambe--Crambe hispanica L. subsp. Abyssinica
* * * * *
Crotalaria, sunn or sunn hemp--Crotalaria juncea L.
* * * * *
Galletagrass--Pleuraphis jamesii Torr.
* * * * *
Guineagrass--Megathyrsus maximus (Jacq.) B. K. Simon & S. W. L. Jacobs
* * * * *
Kochia, forage--Bassia prostrata (L.) A. J. Scott
* * * * *
Millet, browntop--Urochloa ramosa (L.) T. Q. Nguyen
* * * * *
Millet, pearl--Cenchrus americanus (L.) Morrone
* * * * *
Napiergrass--Cenchrus purpureus (Schumach.) Morrone
Needlegrass, green--Nassella viridula (Trin.) Barkworth
* * * * *
Panicgrass, green--Megathyrsus maximus (Jacq.) B. K. Simon & W. L.
Jacobs
* * * * *
Radish--Raphanus sativus L.
* * * * *
Rape, bird--Brassica rapa L. subsp. oleifera
Rape, turnip--Brassica rapa L. subsp. oleifera
* * * * *
Smilo--Oloptum miliaceum (L.) R[ouml]ser & Hamasha
* * * * *
Teff--Eragrostis tef (Zuccagni) Trotter
* * * * *
(p) Mixture. The term ``mixture'' means seeds consisting of more
than one kind or variety, each present in excess of 5 percent by weight
of the whole. A mixture of varieties of a single kind may be labeled as
a blend.
(q) Coated seed. The term ``coated seed'' means any seed unit
covered with a coating material.
* * * * *
(nn) Coating material. The term ``coating material'' means any
substance that changes the size, shape, or weight of the original seed.
Ingredients such as rhizobia, dyes, polymers, biologicals, and
pesticides are not coating material for purposes of this part.
(oo) Brand. The term ``brand'' means a name, term, sign, symbol, or
design, or a combination of them that identifies the seed of one seller
or group of sellers and differentiates that seed from the seed of other
sellers.
0
5. Revise Sec. 201.3 to read as follows:
Sec. 201.3 Administrator.
The Administrator of the Agricultural Marketing Service may perform
such duties as the Secretary requires in enforcing the provisions of
the Act and of the regulations in this part.
Sec. 201.4 [Amended]
0
6. Amend Sec. 201.4 by:
0
a. In paragraph (a), removing the word ``act'' and adding in its place
the word ``Act''; and
0
b. In paragraph (b) after the word ``treatment'' wherever it appears
adding the words ``(including, but not limited to, coating, film
coating, encrusting, or pelleting)'' and removing the word ``act'' and
adding in its place the word ``Act''.
Sec. 201.7 [Amended]
0
7. Amend Sec. 201.7 by removing in the first sentence the words
``analyses, tests, and examinations'' and adding in their place the
word ``tests,''.
Sec. 201.8 [Amended]
0
8. Amend Sec. 201.8 by removing in the last sentence the word ``act''
and adding in its place the word ``Act''.
Sec. 201.10 [Amended]
0
9. In Sec. 201.10 amend paragraph (a) by adding the word ``Radish;''
after the word ``Peanut;''.
0
10. Revise Sec. 201.12a to read as follows:
Sec. 201.12a Seed mixtures.
Seed mixtures intended for seeding/planting purposes shall be
designated as a mixture on the label and each seed component shall be
listed on the label in the order of predominance.
0
11. Amend Sec. 201.16 by:
0
a. In paragraph (a) in the first sentence removing the word ``state''
and adding in its place the word ``State'';
0
b. In paragraph (b):
0
i. Removing the terms ``Emex australis Steinh.'', ``Emex spinosa (L.)
Campd.'', ``Leptochola chinensis (L.) Nees'', ``Pennisetum clandestinum
Chiov.'', ``Pennisetum macrourum Trin.'', ``Pennisetum pedicellatum
Trin.'', ``Pennisetum polystachion (L.) Schult.'', and ``Rubus
fruticosus L. (complex)''; and
0
ii. Adding in alphabetical order the terms ``Cenchrus caudatus
(Schrad.) Kuntze'', ``Cenchrus clandestinus Morrone'', ``Cenchrus
pedicellatus (Trin.) Morrone'', ``Cenchrus polystachios (L.) Morrone'',
``Dinebra chinensis (L.)P. M. Peterson & N. Snow'', ``Rubus plicatus
Weihe & Nees'', ``Rumex hypogaeus T.M. Schust & Reveal'', and ``Rumex
spinosus L.''.
The additions read as follows:
Sec. 201.16 Noxious-weeds seeds
* * * * *
(b) * * *
Cenchrus caudatus (Schrad.) Kuntze
Cenchrus clandestinus Morrone
Cenchrus pedicellatus (Trin.) Morrone
Cenchrus polystachios (L.) Morrone
* * * * *
Dinebra chinensis (L.) P. M. Peterson & N. Snow
* * * * *
Rubus plicatus Weihe & Nees
Rumex hypogaeus T.M. Schust & Reveal
Rumex spinosus L.
* * * * *
Sec. 201.17 [Amended]
0
12. Amend Sec. 201.17 by removing the words ``Quackgrass (Elytrigia
repens)'' and adding in their place the words ``Quackgrass (Elymus
repens)''.
0
13. Revise Sec. 201.18 to read as follows:
Sec. 201.18 Other agricultural seeds.
Agricultural seeds other than those included in the percentage or
percentages of kind, variety, or type may be expressed as ``other crop
seeds,'' but the percentage shall include collectively all kinds,
varieties, or types not named upon the label.
0
14. Revise Sec. 201.20 to read as follows:
Sec. 201.20 Germination
The label shall show the percentage of germination for each kind,
kind and variety, kind and type, or kind and hybrid of agricultural
seed comprising more than 5 percent of the whole. The label shall show
the percentage of germination for each kind, kind and variety, kind and
type, or kind and hybrid of agricultural seed comprising 5 percent of
the whole or less if the seed is identified individually on the label.
0
15. Revise Sec. 201.21 to read as follows:
Sec. 201.21 Hard seed or dormant seed.
The label shall show the percentage of hard seed or dormant seed,
as defined in Sec. 201.57 or Sec. 201.57a, if any is present. The
percentages of hard seed and dormant seed shall not be included as part
of the germination percentage.
[[Page 40580]]
0
16. Revise Sec. 201.23 to read as follows:
Sec. 201.23 Seller and buyer information.
Consumer packages or containers of agricultural seed for interstate
shipment must be labeled as follows:
(a) The full name and address of the interstate shipper or a code
designation identifying the interstate shipper, pursuant to Sec.
201.24, must be printed on the label.
(b) If pursuant to paragraph (a) only a code is used to identify
the interstate shipper, the full name and address of the consignee must
appear on the label.
(c) For purposes of this section and Sec. 201.24, the term shipper
means the seller or consignor who puts the seed into interstate
commerce, and the term consignee means the buyer or recipient of the
seed shipment.
0
17. Revise Sec. 201.24 to read as follows:
Sec. 201.24 Code designation.
The code designation used in lieu of the full name and address of
the interstate shipper pursuant to Sec. 201.23(a) shall be approved by
the Administrator of the Agricultural Marketing Service (AMS) or such
other person designated by the Administrator for the purpose. When
used, the AMS code designation shall appear on the label in a clear and
legible manner, along with the full name and address of the consignee.
Sec. 201.25 [Amended]
0
18. Amend Sec. 201.25 by removing in the third sentence the word
``act'' and adding in its place the word ``Act''.
0
19. Add Sec. 201.26a to read as follows:
Sec. 201.26a Vegetable seed mixtures.
Vegetable seed mixtures for seeding/planting purposes shall be
designated as a mixture on the label, and each seed component shall be
listed on the label in the order of predominance.
0
20. Revise Sec. 201.27 to read as follows:
Sec. 201.27 Seller and buyer information.
Consumer packages or containers of vegetable seed for interstate
shipment must be labeled as follows:
(a) The full name and address of the interstate shipper or a code
designation identifying the interstate shipper, pursuant to Sec.
201.28, must be printed on the label.
(b) If pursuant to paragraph (a) only a code is used to identify
the interstate shipper, the full name and address of the consignee must
appear on the label.
(c) For purposes of this section and Sec. 201.28, the term shipper
means the seller or consignor who puts the seed into interstate
commerce, and the term consignee means the buyer or recipient of the
seed shipment.
0
21. Revise Sec. 201.28 to read as follows:
Sec. 201.28 Code designation.
The code designation used in lieu of the full name and address of
the interstate shipper pursuant to Sec. 201.27(a) shall be approved by
the Administrator of the Agricultural Marketing Service (AMS) or such
other person designated by the Administrator for the purpose. When
used, the AMS code designation shall appear on the label in a clear and
legible manner, along with the full name and address of the consignee.
0
22. Revise Sec. 201.29 to read as follows:
Sec. 201.29 Germination of vegetable seed in containers of 1 pound
or less.
Vegetable seeds in containers of 1 pound or less which have a
germination percentage equal to or better than the standard set forth
in Sec. 201.31 need not be labeled to show the percentage of
germination and date of test. Each variety of vegetable seed which has
a germination percentage less than the standard set forth in Sec.
201.31 shall have the words ``Below Standard'' clearly shown in a
conspicuous place on the label or on the face of the container in type
no smaller than 8 points. Each variety which germinates less than the
standard shall also be labeled to show the percentage of germination
and the percentage of hard seed (if any).
0
23. Add Sec. 201.30c to read as follows:
Sec. 201.30c Noxious-weed seeds of vegetable seed in containers of
more than 1 pound.
Except for those kinds of noxious-weed seeds shown in Sec.
201.16(b), the names of kinds of noxious-weed seeds and the rate of
occurrence of each shall be expressed in the label in accordance with,
and the rate shall not exceed the rate permitted by, the law and
regulations of the State into which the seed is offered for
transportation or is transported. If in the course of such
transportation, or thereafter, the seed is diverted to another State of
destination, the person or persons responsible for such diversion shall
cause the seed to be relabeled with respect to noxious-weed seed
content, if necessary, to conform to the laws and regulations of the
State into which the seed is diverted.
0
24. Amend Sec. 201.31 by revising the heading and the introductory
paragraph to read as follows:
Sec. 201.31 Minimum germination standards for vegetable seeds in
interstate commerce.
The following minimum germination standards for vegetable seeds in
interstate commerce, which shall be construed to include hard seed, are
determined and established under section 403(c) of the Act:
* * * * *
0
25. Amend Sec. 201.31a by revising paragraph (b) to read as follows:
Sec. 201.31a Labeling treated seed.
* * * * *
(b) Name of substance or active ingredient. The name of any active
ingredient substance as required by paragraph (a) of this section shall
be the commonly accepted coined, chemical (generic), or abbreviated
chemical name. The label shall include either the name of the genus and
species or the brand name as identified on biological product labels.
Commonly accepted coined names are free for general use by the public,
are not private trademarks, and are commonly recognized as names of
particular substances, such as thiram, captan, lindane, and dichlone.
Examples of commonly accepted chemical (generic) names are blue-stone,
calcium carbonate, cuprous oxide, zinc hydroxide, hexachlorobenzene,
and ethyl mercury acetate. The terms ``mercury'' or ``mercurial'' may
be used in labeling all types of mercurials. Examples of commonly
accepted abbreviated chemical names are BHC (1,2,3,4,5,6-
Hexachlorocyclohexane) and DDT (dichloro diphenyl trichloroethane).
* * * * *
Sec. 201.33 [Amended]
0
26. In Sec. 201.33 amend paragraphs (a) and (b) by removing wherever
it appears the word ``act'' and adding in its place the word ``Act''.
Sec. 201.36b [Amended]
0
27. In Sec. 201.36b, amend paragraph (a) by removing wherever it
appears the word ``act'' and adding in its place the word ``Act''.
Sec. 201.37 [Amended]
0
28. Amend Sec. 201.37 by removing wherever it appears the word ``act''
and adding in its place the word ``Act''.
Sec. 201.38 [Removed and Reserved]
0
29. Remove and reserve Sec. 201.38.
Sec. 201.39 [Amended]
0
30. In Sec. 201.39, amend paragraph (c) by removing the word
``proble'' in and adding in its place the word ``probe''.
0
31. Amend Sec. 201.46 by:
0
a. Revising paragraph (b); and
0
b. Adding in Table 1 to paragraph (d)(2)(iii) entries for ``Camelina'',
``Radish'', and ``Teff'' in the ``Agricultural Seed'' section in
alphabetical order.
[[Page 40581]]
The revisions and additions read as follows:
Sec. 201.46 Weight of working sample.
* * * * *
(b) Mixtures consisting of one predominant kind of seed or groups
of kinds of similar size. The weights of the purity and noxious-weed
seed working samples in this category shall be determined by the kind
or group of kinds which comprise more than 50 percent of the sample.
* * * * *
(d) * * *
(2) * * *
(iii) * * *
Table 1 to Paragraph (d)(2)(iii)
----------------------------------------------------------------------------------------------------------------
Minimum weight
Minimum weight for noxious- Approximate
Name of seed for purity weed seed number of seed
analysis examination per gram
(grams) (grams)
----------------------------------------------------------------------------------------------------------------
Agricultural Seed:
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Camelina........................................................ 4 40 880
* * * * * * *
Radish.......................................................... 30 300 75
* * * * * * *
Teff............................................................ 1 10 3,288
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Sec. 201.47a [Amended]
0
32. Amend Sec. 201.47a by:
0
a. in paragraph (b)(6) removing the words ``Buchloe dactyloides'' and
adding in their place the words ``Bouteloua dactyloides'';
0
b. In paragraph (c) removing the word ``Compositae'' and adding in its
place the word ``Asteraceae'';
0
c. In paragraph (d) removing the word ``Legumionsae'' and adding in its
place the word ``Fabaceae'';
0
d. In paragraph (e) removing the word ``Umbelliferae'' and adding in
its place the word ``Apiaceae''; and
0
e. In paragraph (f) removing the word ``Labiatae'' and adding in its
place the word ``Lamiaceae''.
0
33. Amend Sec. 201.48 by revising the first sentence of the
introductory text and paragraphs (a), (f), and (g)(1) and (3) to read
as follows:
Sec. 201.48 Kind or variety considered pure seed.
The pure seed shall include all seeds of each kind or each kind and
variety under consideration present in excess of 5 percent by weight of
the whole. * * *
(a) Immature or shriveled seeds and seeds that are cracked or
injured. For seeds of legumes (Fabaceae) and crucifers (Brassicaceae)
with the seed coats entirely removed refer to Sec. 201.51(a)(1);
* * * * *
(f) Intact fruits, whether or not they contain seed, of species
belonging to the following families: Sunflower (Asteraceae), buckwheat
(Polygonaceae), carrot (Apiaceae), valerian (Valerianaceae), mint
(Laminaceae) and other families in which the seed unit may be a dry,
indehiscent one-seeded fruit. For visibly empty fruits, refer to inert
matter, Sec. 201.51(a)(6);
(g) * * *
(1) Intact burs of buffalograss (Bouteloua dactyloides) shall be
considered pure seed whether or not a caryopsis is present. Refer to
Sec. 201.51(a)(6) for burs which are visibly empty.
* * * * *
(3) Special purity procedures for smooth brome, fairway crested
wheatgrass, standard crested wheatgrass, intermediate wheatgrass,
pubescent wheatgrass, tall wheatgrass, and western wheatgrass are
listed in Sec. 201.51a(b).
* * * * *
Sec. 201.51 [Amended]
0
34. Amend Sec. 201.51 by:
0
a. In paragraph (a)(1) removing the words ``Leguminosae'',
``crucifers'', and ``Cruciferae'', and adding in their places the words
``Fabaceae'', ``brassica'', and Brassicaceae'', respectively;
0
b. In paragraph (b)(2)(iv) removing the word ``Agropyron'' and adding
in its place the word ``Elymus'';
0
c. In paragraph (b)(2)(v) removing the words ``A. repens'' and adding
in their place the words ``E. repens''; and
0
d. In paragraph (b)(4) removing the word ``Compositae'' and adding in
its place the word ``Asteraceae''.
0
35. Amend Sec. 201.51a by revising paragraph (a) and the table in
paragraph (b)(2)(ii) to read as follows:
Sec. 201.51a Special procedures for purity analysis.
(a) The laboratory analyst shall use the Uniform Blowing Procedure
described in this paragraph to separate pure seed and inert matter in
the following: Kentucky bluegrass, Canada bluegrass, rough bluegrass,
Pensacola variety of bahiagrass, orchardgrass, blue grama, and side-
oats grama.
(1) Separation of mixtures. Separate seed kinds listed in this
section from other kinds in mixtures before using the Uniform Blowing
Procedure.
(2) Calibration samples. Obtain calibration samples and
instructions, which are available on loan through the Seed Regulatory
and Testing Division, S&T, AMS, 801 Summit Crossing Place, Suite C,
Gastonia, North Carolina 28054.
(3) Blowing point. Use the calibration samples to establish a
blowing point prior to proceeding with the separation of pure seed and
inert matter for these kinds.
(i) Refer to the specifications on the calibration samples for
Kentucky bluegrass, orchardgrass, and Pensacola variety of bahiagrass
to determine their appropriate blowing points for the Uniform Blowing
Procedure.
(ii) Use the calibration sample for Kentucky bluegrass to determine
the blowing points for Canada bluegrass, rough bluegrass, blue grama,
and side-oats grama.
[[Page 40582]]
(A) The blowing point for Canada bluegrass shall be the same as the
blowing point determined for Kentucky bluegrass.
(B) The blowing point for rough bluegrass shall be a factor of 0.82
(82 percent) of the blowing point determined for Kentucky bluegrass.
The 0.82 factor is restricted to the General-type seed blower.
(C) The blowing point for blue grama shall be a factor of 1.157 of
the blowing point determined for Kentucky bluegrass. Before blowing,
extraneous material that will interfere with the blowing process shall
be removed. The sample to be blown shall be divided into four
approximately equal parts and each blown separately. The 1.157 factor
is restricted to the General-type seed blower.
(D) The blowing point for side-oats grama shall be a factor of
1.480 of the blowing point determined for Kentucky bluegrass. Before
blowing, extraneous material that will interfere with the blowing
process shall be removed. The sample to be blown shall be divided into
four approximately equal parts and each part blown separately. The
1.480 factor is restricted to the General-type seed blower.
(4) Blower calibration. Calibrate and test the blower according to
the instructions that accompany the calibration samples before using
the blower to analyze the seed sample. Use the anemometer to set the
blower gate opening according to the calibration sample specifications.
(i) Determine the blowing point using a calibrated anemometer.
(ii) Position the anemometer fan precisely over the blower opening,
set it at meters per second (m/s), run the blower at the calibrated
gate setting, and wait 30 seconds before reading the anemometer.
(iii) Use this anemometer reading to determine the blower gate
setting whenever the Uniform Blowing Procedure is required.
(5) Pure seed and inert matter. Use the calibrated blower to
separate the seed sample into light and heavy portions. After
completing the initial separation, remove and separate all weed and
other crop seeds from the light portion. The remainder of the light
portion shall be considered inert matter. Remove all weed and other
crop seeds and other inert matter (stems, leaves, dirt) from the heavy
portion and add them to the weed seed, other crop seed, or inert matter
separations, as appropriate. The remainder of the heavy portion shall
be considered pure seed.
(b) * * *
(2) * * *
(ii) * * *
Table of Factors To Apply to Multiple Units \a\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Crested wheat- Pubescent Intermediate Tall wheat- Western wheat-
Percent of single units of each kind grass \b\ wheat-grass wheat-grass grass \c\ grass \c\ Smooth brome
--------------------------------------------------------------------------------------------------------------------------------------------------------
50 or below............................................. 70 66 72 .............. .............. 72
50.01-55.00............................................. 72 67 74 .............. .............. 74
55.01-60.00............................................. 73 67 75 .............. .............. 75
60.01-65.00............................................. 74 67 76 .............. .............. 76
65.01-70.00............................................. 75 68 77 .............. 60 78
70.01-75.00............................................. 76 68 78 .............. 66 79
75.01-80.00............................................. 77 69 79 50 67 81
80.01-85.00............................................. 78 69 80 55 68 82
85.01-90.00............................................. 79 69 81 65 70 83
90.01-100.00............................................ 79 70 82 70 74 85
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ The factors represent the percentages of the multiple unit weights which are considered pure seed. The remaining percentage is regarded as inert
matter.
\b\ Includes both standard crested wheatgrass and fairway crested wheatgrass.
\c\ Dashes in table indicate that no factors are available at the levels shown.
Sec. 201.56 [Amended]
0
36. In Sec. 201.56, amend paragraph (d) by removing the word
``Umbelliferae'' and adding in its place the word ``Apiaceae.''
0
37. Amend Sec. 201.58 by:
0
a. Revising paragraphs (a)(1) and (b)(13);
0
b. Adding in Table 2 to paragraph (c)(3) entries for '' Camelina'',
``Radish'', and ``Teff'' in the ``Agricultural Seed'' section in
alphabetical order;
0
c. Revising in Table 2 to paragraph (c)(3) the entry for ``Oat'' in the
``Agricultural Seed'' section; and
0
d. Revising in Table 2 to paragraph (c)(3) the entry for ``Brussels
Sprouts'' in the ``Vegetable Seed'' section.
The revisions and additions read as follows:
Sec. 201.58 Substrata, temperature, duration of test, and certain
other specific directions for testing for germination and hard seed.
* * * * *
(a) Definitions and explanations applicable to table 2--(1)
Duration of tests. The following deviations are permitted from the
specified duration of tests: Any test may be terminated prior to the
number of days listed under ``Final count'' if the maximum germination
of the sample has then been determined. The number of days stated for
the first count is approximate and a deviation of 1 to 3 days is
permitted. If at the time of the prescribed test period the seedlings
are not sufficiently developed for positive evaluation, it is possible
to extend the time of the test period two additional days. If the
prescribed test period or the allowed extension falls on a weekend or
public holiday, the test may be extended to the next working day.
(Also, see paragraph (a)(5) of this section and Sec. 201.57.)
* * * * *
(b) * * *
(13) Fourwing Saltbush (Atriplex canscens); preparation of seed for
test. De-wing seeds and soak for 2 hours in 3 liters of water, after
which rinse with approximately 3 liters of distilled water. Remove
excess water, air dry for 7 days at room temperature, then test for
germination as indicated in Table 2.
(c) * * *
(3) * * *
[[Page 40583]]
Table 2 to Paragraph (c)(3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Additional directions
Temperature First count Final count ---------------------------------------------
Name of seed Substrata ([deg]C) days days Fresh and dormant
Specific requirements seed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Agricultural Seed:
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Camelina........................... TB................... 20 4 7
* * * * * * *
Oat................................ B, T, S.............. 20; 15 5 10 Prechill at 5 or 10 [deg]C for 5 days and
test for 7 days or predry and test for 10
days.
* * * * * * *
Radish............................. B, T................. 20 4 6
* * * * * * *
Teff............................... TB................... 20--30 4 7 KNO3.................
* * * * * * *
Vegetable Seed:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Brussels Sprouts................... B, P, T.............. 20--30 3 10 Prechill 5 days at 5 or 10 [deg]C for 3
days; KNO3 and Light.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
Sec. 201.59 [Amended]
0
38. Amend Sec. 209.59 by removing wherever it appears the word ``act''
and adding in its place the word ``Act''.
Sec. 201.60 [Amended]
0
39. Amend Sec. 201.60 by:
0
a. In paragraph (a)(1) adding in the second sentence the word ``teff,''
after the words ``sweet vernalgrass,'';
0
b. In paragraph (a)(2) removing in the first sentence the word ``act''
and adding in its place the word ``Act''; and
0
c. In paragraph (b)(2) adding in the first sentence the word ``other''
before the words ``crop seeds''.
0
40. Amend Sec. 201.61 by revising the table heading to read as
follows:
Sec. 201.61 Fluorescence percentages in ryegrasses.
* * *
Fluorescence Tolerance, Based on Test Fluorescence (TFL)
* * * * *
0
41. Revise Sec. 201.64 to read as follows:
Sec. 201.64 Pure live seed.
The tolerance for pure live seed shall be determined by applying
the respective tolerances to the germination plus the hard seed and
dormant seed, and the pure seed.
[GRAPHIC] [TIFF OMITTED] TR07JY20.002
0
42. Amend Sec. 201.68 by revising the introductory text and paragraph
(b) to read as follows:
Sec. 201.68 Eligibility requirements for certification of varieties.
When a seed originator, developer, owner of the variety, or agent
thereof requests eligibility for certification, the certification
agency shall require the person to provide the following information
upon request:
* * * * *
(b) A statement concerning the variety's origin and the breeding or
reproductive stabilization procedures used in its development.
* * * * *
0
43. Amend Sec. 201.70 by revising paragraph (a) to read as follows:
Sec. 201.70 Limitations of generations for certified seed.
* * * * *
(a) Recertification of the Certified class may be permitted when no
Foundation or Registered seed is being maintained; or
* * * * *
Sec. 201.74 [Amended]
0
44. Amend Sec. 201.74 by removing in paragraphs (a), (b), and (c) the
words ``(if certified as to variety)''.
Sec. 201.75 [Amended]
0
45. Amend Sec. 201.75 by removing in paragraphs (b)(1) and (c)
wherever it appears the words ``(if certified as to variety)''.
0
46. In Sec. 201.76 amend Table 5 by adding in alphabetical order
entries for ``Camelina'', ``Chickpea'', ``Hemp'', ``Radish'', ``Sunn
hemp'' and footnotes ``60'' through ``63'' to read as follows:
Sec. 201.76 Minimum Land, Isolation, Field, and Seed Standards.
* * * * *
[[Page 40584]]
Table 5 to Sec. 201.76
--------------------------------------------------------------------------------------------------------------------------------------------------------
Foundation Registered Certified
Crop -------------------------------------------------------------------------------------------------------------------
Land Isolation Field Seed Land Isolation Field Seed Land Isolation Field Seed
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Camelina............................ \8\ 1 \61\ 50 5,000 0.1 \8\ 1 \61\ 50 2,000 0.2 \8\ 1 \61\ 50 1,000 0.3
(\59\ (\59\ (\59\
15.24m) 15.24m) 15.24m)
Chickpea............................ \7\ 1 \23\ 0 10,000 0.1 \7\ 1 \23\ 0 2,000 0.2 \7\ 1 \23\ 0 1,000 0.2
* * * * * * *
Hemp................................ \63\ \63\ \63\ \63\ \63\ \63\ \63\ \63\ \63\ \63\ \63\ \63\
* * * * * * *
Radish.............................. \60\ 5 1,320 (\59\ 0 0.05 \60\ 5 1,320 (\59\ 1,000 0.1 \60\ 5 660 (\59\ 500 0.25
402.34m) 402.34m) 201.17m)
* * * * * * *
Sunn hemp........................... \7\ 1 1,320 (\59\ \62\ 0.1 \7\ 1 660 (\59\ \62\ 0.25 \7\ 1 330 (\59\ \62\ 0.5
402.34m) 5,000 201.17m) 1,000 100.58m) 500
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\60\ Land must not have grown or been seeded to any cruciferous crops during the previous 5 years. This interval may be reduced to 3 years, if following
the same variety and the same or higher certification class.
\61\ Field producing any class of certified seed must be at least 50 feet from any other variety or fields of the same variety that do not meet the
varietal purity requirement for certification.
\62\ No other Crotalaria species allowed in Foundation, Registered and/or Certified production fields.
\63\ Refer to the certifying agency in the production State(s) for certification standards.
0
47. Amend Sec. 201.78 by revising paragraph (e) to read as follows:
Sec. 201.78 Pollen control for hybrids.
* * * * *
(e) Hybrid alfalfa. When at least 75 percent of the plants are in
bloom and there is no more than 15 percent seed set, 200 plants shall
be examined to determine the pollen production index (PPI). Each plant
is rated as 1, 2, 3 or 4 with ``1'' representing no pollen, ``2''
representing a trace of pollen, ``3'' representing substantially less
than normal pollen, and ``4'' representing normal pollen. The rating is
weighted as 0, 0.1, 0.6 or 1.0, respectively. The total number of
plants of each rating is multiplied by the weighted rating and the
values are totaled. The total is divided by the number of plants rated
and multiplied by 100 to determine the PPI. For hybrid production using
separate male and female rows, the maximum PPI allowed for 95 percent
hybrid seed is 14 for the Foundation class, and 6 for the F1 hybrid.
For hybrid production using comingled parent lines, the maximum PPI
allowed for 75 percent hybrid Certified class seed is 25, with an
allowance for blending to reach a PPI of 25 for fields with a PPI above
25, but no greater than 30.
PART 202--FEDERAL SEED ACT ADMINISTRATIVE PROCEDURES
0
48. The authority citation for part 202 continues to read as follows:
Authority: 302, 305, 402, 408, 409, 413, 414, 53 Stat. 1275, as
amended; 7 U.S.C. 1582, 1585, 1592, 1598, 1599, 1603, and 1604.
0
49. In part 202, the heading is revised to read as set forth above.
Subpart C--Provisions Applicable to Other Proceedings
0
50. In subpart C, revise the heading to read as set forth above.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2020-12920 Filed 7-6-20; 8:45 am]
BILLING CODE 3410-02-P
