PROPOSED RULEMAKING
DEPARTMENT OF AGRICULTURE
[ 7 PA. CODE CH. 113 ]
General Provisions for Seed Certification
[38 Pa.B. 2253]
[Saturday, May 17, 2008]The Department of Agriculture (Department), under the authority conferred by 3 Pa.C.S. Chapter 71 (relating to the Seed Act) (act) and under the specific authority of sections 7111 and 7117 of the act (relating to powers and duties of secretary and department; and rules and regulations) proposes to amend Chapter 113 (relating to general provisions for seed certification). The act replaces The Pennsylvania Seed Act of 1965 (3 P. S. §§ 285-1--258-11).
Section 7111 of the act authorizes and empowers the Department to enforce the provisions of the Act and to '' . . . prescribe, modify and enforce such reasonable rules, regulations, standards, tolerances and orders as in the judgment of the secretary shall be necessary to carry out the provisions of [the act].'' See 3 Pa.C.S. § 7111(a). In addition, section 7111 of the act establishes specific powers and duties of the Department and provides for delegation of such authority. See 3 Pa.C.S. §§ 7111(b) and (c). Section 7117 of the act specifically delineates that the Department '' . . . shall promulgate and enforce rules and regulations necessary for administration and implementation of [the act].'' See 3 Pa.C.S. § 7117 Therefore, consistent with that authority and to establish regulations which are consistent with the act, the Department hereby proposes the following amendments to Chapter 113.
Background
The proposed amendments are made necessary by and are established under the authority of, and in accordance with, the act.
The major features and amendments to the proposed amendments are summarized as follows:
Summary of Major Features and Amendments § 113.1. Definitions.
The Department added and amended several definitions to be consistent with and clarify the provisions of the act.
§ 113.3. Responsibility and applicability.
The Department deleted the Pennsylvania Seedsman's Association from the list of cooperating entities in subsection (b) and added PennAg Industry Association's Seed Council to the list and clarified subsection (d) with regard to the Association standards to be utilized when no standards exist in this Commonwealth.
§ 113.4. Classes and sources of seed.
The Department added another class or seed source to the classes of seed recognized for seed certification. This is to assure the regulations are consistent with the act.
§ 113.6. Limitations of generations for certified seed.
The Department added a section to establish limitations on generations for certified seed. This is consistent with the act and industry standards.
§ 113.22. Completion of application.
The Department added subsections (b) and (c) to the application provisions. Subsection (b) requires applicants to maintain genetic purity and identity of a crop at all stages of the certification process. Subsection (c) requires an applicant to furnish maps identifying the location of the fields of the crop to be inspected. This is now an ongoing process, because crops tend to be rotated. Therefore, the old provisions--in § 113.23 (relating to new applications)--requiring mapping only at the time of a new application have been deleted and this change implemented. These provisions will help assure proper enforcement of the act.
§ 113.23. New applications.
This provision was rescinded because the mapping criteria was combined with the application provisions of § 113.22.
§ 113.26. Fees.
This entire section, including the table of fees, was deleted because the fees are now set forth in the act. New language was added stating the applicant shall be responsible for payment of fees as outlined in the act.
§ 113.34. Reinspection
The Department revised paragraph (1) to allow a grower to request reinspection from the inspector ''or the Certification Office.''
§ 113.42. Color code for tags.
The Department amended this section by further segregating seed classes and adding tag colors for different types of registered and certified seed. These standards are more in line with National standards.
§ 113.43. Two-tag system.
The Department amended subsection (c) to reference the current act.
§ 113.44. Attachment of tags and labels.
The Department added a provision to require that tags and labels be attached in a manner which will prevent obvious removal and reattachment.
§ 113.51. Handling and blending of seed--conditioner's responsibilities.
The Department added language to subsection (f) to make it clear that the applicant is the responsible party.
§ 113.53. Seed testing.
The Department amended language in subsection (c) to assure the regulation properly cites the current act.
Fiscal Impact
Commonwealth
The proposed amendments will not impose additional fiscal impacts upon the Commonwealth for administration and enforcement. The amendments will not require the Department to commit an additional amount of time or manpower to the enforcement of the act or regulations.
Political Subdivisions
The proposed amendments will impose no additional costs and have no fiscal impact upon political subdivisions. The proposed amendments do not impose any additional burden of enforcement or review on political subdivisions.
Private Sector
The proposed amendments will not impose additional costs on the regulated community, which is part of the private sector or any other part of the private sector. Any additional fees are set forth in the act and merely referenced in the regulations. There are no new certification or licensure requirements and any new labeling requirements are merely consistent with the act and will not impose additional costs on the regulated community.
General Public
The proposed amendments will impose no costs and have no fiscal impact on the general public.
Paperwork Requirements
The proposed amendments will not result in a substantial increase of paperwork.
Public Comment Period
Interested persons are invited to submit written comments regarding the proposed amendments within 30 days following publication in the Pennsylvania Bulletin.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of these proposed amendments on May 2, 2008, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Agriculture and Rural Affairs Committee and the Senate Agriculture and Rural Affairs Committee (Committees). In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form. A copy of this material is available to the public upon request.
If the IRRC has any objections to any portion of the proposed amendments, it will notify the Department within 30 days after the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regular Reviw Act specifies detailed procedures for review, prior to final publication of the regulations, by the Department, the General Assembly and the Governor of objections raised.
Contact Person
Further information is available by contacting the Department of Agriculture, Bureau of Plant Industry, 2301 North Cameron Street, Harrisburg, PA 17110-9408; Attention: Joe Garvey, (717) 787-4843.
Effective Date
These proposed amendments will be effective upon final-form publication in the Pennsylvania Bulletin.
DENNIS C WOLFF,
SecretaryFiscal Note: 2-157. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 7. AGRICULTURE
PART V. BUREAU OF PLANT INDUSTRY
CHAPTER 113. GENERAL PROVISIONS FOR
SEED CERTIFICATION
PRELIMINARY PROVISIONS § 113.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Field--An individual area of land for the crop under inspection, which is clearly defined by distinct lines of demarcation, such as fences, roads, natural barriers, other crops, mowed or an uncropped area. A field is the basic unit of certification.
* * * * * Inbred line--A relatively true-breeding strain resulting from at least five successive generations of controlled self-fertilization or of back-crossing to a recurrent parent with selection, or its equivalent, for specific characteristics.
* * * * * Open-pollination--Pollination that occurs naturally as opposed to controlled pollination, such as by detasseling, cytoplasmic male sterility, self-incompatibility or similar processes.
* * * * * Seed Act--3 Pa.C.S. Chapter 71 (relating to the Seed Act).
* * * * * § 113.3. Responsibility and applicability.
* * * * * (b) In conducting the seed certification program, the Department and the Bureau of Plant Industry will cooperate with the Pennsylvania State University, College of Agriculture, Pennsylvania Foundation Seed Coop., the [Pennsylvania Seedsman's Association] Seed Council of PennAg Industries Association and seed growers.
* * * * * (d) In cases where there are no crop standards in this Commonwealth, the standards being used by a member of the [official seed certifying agencies] Association of Official Seed Certifying Agencies will be used.
§ 113.4. Classes and sources of seed.
The following classes of seed are recognized for seed certification:
* * * * * (6) Foundation G1-Foundation G7 seed potato classes.
§ 113.6. Limitations of generations for certified seed.
The number of generations through which a variety may be multiplied shall be limited to that specified by the originating breeder or owner and may not exceed two generations beyond the Foundation seed class with the following exceptions which may be made with the permission of the originating plant breeder, institution or a designee:
(1) Recertification of the Certified class may be permitted when no foundation seed is being maintained.
(2) The production of an additional generation of the Certified class may be permitted on a 1-year basis only when an emergency is declared by any official seed certifying agency stating that the Foundation and Registered seed supplies are not adequate to plant the needed Certified acreage of the variety. The additional generation of Certified seed to meet the emergency need is ineligible for recertification.
APPLICATIONS § 113.22. Completion of application.
* * * * * (b) Maintaining genetic purity and identity. An applicant is responsible for maintaining genetic purity and identity of the crop at all stages of certification including seeding, harvesting, conditioning and labeling.
(c) Field maps. Applications shall be accompanied by maps showing the location of the fields and the boundaries of the crop to be inspected.
(d) Requirements for Prenuclear seed potato certification. An applicant for certification of Prenuclear seed potatoes shall file the following:
* * * * * § 113.23. [New applications] (Reserved).
[For those persons making application for the first time, a map of the location of the farm shall be included.]
§ 113.26. Fees.
[(a) A current schedule listing application, inspection, tag and label fees shall be sent annually to each applicant.
(b) The application fee for each crop shall accompany the application. Fees shall be paid by check made payable to the ''Commonwealth of Pennsylvania.'' Fees will not be refunded.
(c) The field inspection fee is based on the total acres inspected or, in the case of grass and legumes, the pounds of clean seed produced. An invoice stating the amount of the fee will be sent to the applicant.
(d) Acreage or plants withdrawn by the applicant prior to the actual inspection may not be included, except as provided in § 113.32(b) (relating to procedure for inspections).
(e) The fee schedule is as follows:
(1) Application and inspection fees:
Crop Application
FeeInspection Fee Potatoes (other than Prenuclear seed potatoes) $25 $10 per acre Prenuclear seed potatoes (Greenhouse) 25 15¢ per sq. ft., assessed once per crop Prenuclear seed potatoes (Laboratory) 25 $50 assessed annually Tobacco 25 50 (minimum) Winter barley, wheat, rye 25 3 per acre Hybrid field corn 25 7 per acre Spring barley, oats 25 3 per acre Soybean 25 3 per acre Grass, legume 25 4¢ per pound production fee. Any field inspection $3 per acre Turfgrass sod 25 4 per acre (preplant inspection) 7 per acre (final inspection) Trees 25 Fees based on the actual administrative costs incurred by the Department
(2) Tag and label fees. The Department may charge the following maximum fees for certification tags and labels. Although the Department may periodically change these fees through publication of notice in the Pennsylvania Bulletin, it will not charge certification tag and label fees higher than the following amounts:
Tag Label Pennsylvania Certified Seed 10¢ 10¢ Interagency Certified Seed 15¢ 15¢ Pennsylvania Certified Sod -- 20¢ Pennsylvania Certified Seed Potatoes 10¢ -- (3) Official interagency samples. There shall be a $25 per lot fee charged for each official interagency sample taken.
(4) Shipping inspection fee. The shipping inspection fee for potatoes is $30 per inspection.
(5) Laboratory testing fees. An applicant who is responsible to pay the costs of laboratory tests conducted or performed by the Department shall pay testing fees as are established by the Department. The Department will establish the fee for a particular laboratory test by multiplying the average labor cost (salary and benefits) of the person performing the test by the average labor time which it takes to complete the test, and then adding to that product the average cost of material required for the test. The Department will maintain, and provide upon request, a schedule of the current values of the variables in this mathematical formula. The Department may establish laboratory testing fees, or may change the fees for established tests through publication in the Pennsylvania Bulletin of the schedule of the current values of the variables justifying the fees under the mathematical formula described in this paragraph. The fee for a particular laboratory test will not be increased, but may be decreased, within 9 months of a prior fee increase with respect to that same laboratory test.] The applicant shall be responsible for the payment of fees as outlined in the Seed Act.
INSPECTIONS § 113.34. Reinspection.
A crop not meeting the appropriate field, greenhouse or laboratory inspection requirements in certain respects at the time of the initial inspection may be reinspected in accordance with the following:
(1) A grower desiring reinspection shall make a request to the inspector or the Certification Office.
* * * * *
CONTAINERS, LABELS AND TAGS § 113.42. Color code for tags.
(a) Agricultural seed.
(1) White tags shall designate the Foundation class of seed [and the Prenuclear seed potato class].
[(b)] (2) Lilac tags shall designate the Registered class of seed.
[(c)] (3) Blue tags shall designate the Certified class of seed.
(4) Green tags shall designate the Quality Assurance class of seed.
(b) Seed potatoes.
(1) White tags shall designate the Prenuclear class of seed potatoes.
(2) Blue tags shall designate the Foundation class of seed potatoes.
(3) Green tags shall designate the Certified class of seed potatoes.
(c) Tree seed.
(1) Green tags shall designate the Selected class of tree seed.
(2) Yellow tags shall designate the Source Identified class of tree seed.
§ 113.43. Two-tag system.
* * * * * (c) Second, or analysis, tags shall be supplied by the grower and contain [such] information such as variety, lot number, purity percentage, germination percentage, date of test and other information as required by the [act of April 11, 1929 (P. L. 488, No. 205) (3 P. S. §§ 291--297)] Seed Act.
§ 113.44. Attachment of tags and labels.
* * * * * (e) Tags and labels shall be attached in a manner which will prevent obvious removal and reattachment.
GENERAL REQUIREMENTS § 113.51. Handling and blending of seed--conditioner's responsibilities.
* * * * * (c) [--]The following apply to the blending of seeds:
* * * * * (f) Conditioners shall designate an individual who is responsible to the [certification office] Certification Office for performing the duties required by the office. In the absence of any other designated individual, the applicant shall be the responsible individual.
§ 113.53. Seed testing.
* * * * * (b) Seed samples will be drawn, tested and analyzed in accordance with Chapter 111 (relating to seed testing, labeling and standards). The applicant will be charged the fee established in [Chapter 111] the Seed Act for the tests. In the event of unforeseen problems, samples may be sent to another laboratory approved by the Department.
* * * * *
[Pa.B. Doc. No. 08-919. Filed for public inspection May 16, 2008, 9:00 a.m.]
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