PROPOSED RULEMAKING
[7 PA. CODE CH. 115]
Standards for Seed Certification
[38 Pa.B. 2262]
[Saturday, May 17, 2008]The Department of Agriculture (Department), under 3 Pa.C.S. Chapter 71 (act) (relating to the Seed 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 115 (relating to standards 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 of administration and implementation of [the act].'' See 3 Pa.C.S. § 7117. Consistent with that authority and to establish regulations which are consistent with the provisions of the act, the Department hereby proposes the following amendments to Chapter 115.
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 § 115.71. Definitions.
The Department amended the definition of commercial hybrid field corn, by deleting ''modified single cross'' as a type of commercial hybrid field corn and replacing it with ''top cross.'' In addition, the Department added two more types (inbred line and open-pollination) to the definition of commercial hybrid field corn.
§ 115.82. Isolation requirements.
The Department deleted the current table, in subsection (d), related to the minimum number of border rows required for fields of various sizes and replaced it with an updated table.
§ 115.211. Seed standards.
The Department added the word ''restricted'' to the last sentence of this section.
§ 115.271. Seed source.
The Department added language clarifying that seed potatoes will be limited to 8 generations. In accordance with that change, the Department changed the language stating that foundation G3 was the minimum acceptable source to produce certified G4 to foundation G7 being the minimum acceptable source to produce certified G8.
§ 115.282. Diseases.
The Department reduced the tolerance allowed for diseases in Leaf Roll G4 through G8 from 2% to 1%.
§ 115.283. Varietal mixtures.
The Department added G4 through G8 to the chart related to prenuclear varietal mixtures.
§ 115.293. Eligibility factors for tags.
The Department expanded the generations eligible for production and tagging by deleting the language limiting the generations to generations 1--3 and adding language which makes generations 1--7 eligible for production and tagging.
§ 115.302. Treatment for diseases.
The Department rescinded this section.
§ 115.321. Preplanting.
The Department amended a grammatical error in subsection (c) by changing ''is'' to ''are.'' In addition, the Department modified the language of subsection (c)(4) to assure the citation to the act was correct.
§ 115.444. Harvesting.
The Department amended subsection (a)(5) to assure the citation to the act was correct.
Subchapter T. Interagency Turf Grass The Department added a full subchapter to deal with interagency turf grass standards and seed certification. Turf grass requirements are set forth in section 7104(b)(2) of the act (relating to labels and labeling) but are not covered by the current regulations.
§ 115.451. Purpose.
The purpose of this section is to provide a system for maintaining the genetic and mechanical purity of certified seed when repackaged or combined in mixtures of kinds and varieties. The requirements of this subchapter apply when the Department participates with an out-of-State certification agency in the seed certification process.
§ 115.452. Definitions.
The Department established definitions which are important to clarify and understand the substantive provisions of this section.
§ 115.453. Interagency standards and procedures.
This section delineates varieties which are eligible for interagency certification, the agencies or organizations which may certify this variety of seeds and the procedures and documentation necessary for final certification.
§ 115.454. Prior approval of cooperation.
This provision delineates that prior approval is not necessary unless the original certifying agency prohibits or limits the certification by a statement on its tag.
§ 115.455. Conditioner's application and requirements.
These provisions set forth the application requirements for conditioners of seed.
§ 115.456. Conditioner's facilities.
This section establishes standards which a conditioner's facilities must meet.
§ 115.457. Conditioner's required records.
This section delineates specific recordkeeping requirements for conditioners.
§ 115.458. Inspection of conditioning operations.
These provisions set forth the Department's authority to inspect conditioning operations, their seed stocks and their records.
§ 115.459. Appointment of responsible individual.
This section requires approved conditioners to designate an individual who will be responsible for performing the duties as may be required by the Department.
§ 115.460. Sampling and testing by the Department.
The provisions of this section delineate the sampling and testing techniques and standards to be carried out by the Department.
§ 115.461. Mixing procedures for certified turfgrass.
This section sets forth the mixing procedures which must be followed and adhered to by conditioners when mixing certified turfgrasses.
§ 115.462. Minimum seed standards for interagency certification of turfgrass seed.
The provisions of this section establish specific standards for certified turfgrass seed and establish an emergency provision for use of substandard turfgrass mixtures.
§ 115.463. Interagency certification tags and tagging.
This section sets the standards for turfgrass certification tags or labels.
§ 115.464. Rejection of interagency certification components' seed lots.
These provisions delineate the specific reasons for which the Department may or shall reject any certified component seed lot for interagency certification.
§ 115.465. Fees.
This section informs the regulated community that fees for interagency certification or established in section 7109 of the act (relating to fees).
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 provisions of the act or regulations.
Political Subdivisions
The proposed amendments will impose no additional costs and have no fiscal impact upon political subdivisions. The 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 amendments. There are no new certification or licensure requirements and any new labeling requirements are merely consistent with the provisions of 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 (Commission) 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 the Commission 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 Commission 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 Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulation, 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: 2-158. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 7. AGRICULTURE
PART V. BUREAU OF PLANT INDUSTRY
CHAPTER 115. STANDARDS FOR SEED CERTIFICATION
Subchapter D. CORN--COMMERCIAL HYBRIDS
GENERAL REQUIREMENTS § 115.71. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Commercial hybrid field corn--Corn planted for the production of corn for food or feed purposes, or for other commercial or farm use except for seed. It may consist of any one of the following:
* * * * * (iv) [Modified Single Cross--A cross in which either the male, female or both parents are sister line crosses. For example: (A1 × A2) × B or (A1 × A2) × (B1 × B2) or A × (B1 × B2)] Top Cross--The first generation hybrid of a cross between an inbred line and an open-pollinated variety or the first generation hybrid between a single cross and an open-pollinated variety.
(v) Inbred line--A relatively true-breeding strain resulting from at least five successive generations of controlled self-fertilization or of backcrossing to a recurrent parent with selection, or its equivalent, for specific characteristics.
(vi) Open-pollination--Pollination that occurs naturally as opposed to controlled pollination, such as by detasseling, cytoplasmic male sterility, self-incompatibility or similar processes.
* * * * *
FIELD STANDARDS § 115.82. Isolation requirements.
* * * * * (d) The following table indicates the minimum number of border rows required for fields of various sizes, when located at different distances from other corn:
Minimum Numbers of Male Border Rows Required [Minimum
Distance From
Contaminant
0-9 acres 10-19 acres 20-29 acres 30-39 acres 40-acres 600 2 -- -- -- -- 540 4 4 2 -- -- 480 6 4 4 4 2 420 8 8 6 6 6 360 10 10 8 8 8 300 12 10 10 10 8 240 12 12 12 10 10 180 14 14 12 12 12]
Minimum Distance
From Contaminant0-20 Acres
>20 Acres 660 0 0 570 4 2 490 6 2 410 8 4 330 10 6 270 12 8 210 14 10 150 16 12 90 18 14 <90 24* 16** *minimum of 60` including border rows.
**minimum of 40` including border rows.
* * * * *
Subchapter G. DEERTONGUE GRASS
SEED STANDARDS--DEERTONGUE GRASS § 115.211. Seed standards.
The following seed standards apply:
Certified Class Pure Seed (minimum) 97% Other crop seed 2% *Weed seeds 1% Inert matter (maximum) 3% Germination (minimum) 70% *A maximum of nine restricted noxious weed seeds per pound is allowed. * * * * *
Subchapter J. POTATO
GENERAL STANDARDS § 115.271. Seed source.
Seed potatoes grown in this Commonwealth will be limited to 8 generations. [Foundation--G3] Foundation G7 is the minimum acceptable source to produce [certified--G4] Certified G8. When out-of-State source is used, tags shall indicate generation. Signed documentation will be accepted in lieu of tag. Plantlets and mini-tubers entered shall come from an authorized source. Inspections of plantlets shall be made at the discretion of the certification office.
FIELD STANDARDS § 115.282. Diseases.
(a) Potatoes other than Prenuclear seed potatoes. The Department will inspect fields of potatoes at least twice during the growing season. Other inspections, which may include digging, may be made. A final inspection shall be made at shipping time for grade.
* * * * * (3) Seed lots will be rejected if found to contain more than the following diseases:
Maximum Percent Allowed
Disease G1 & G2 G3 G4-G8 Mosaic .25 .5 2 Leaf Roll .25 .5 [ 2] 1 Spindle Tuber .25 .5 1 Yellow Dwarf .25 .5 1 Total Virus including .50 1.0 3 Mosaic, Leaf Roll, Spindle Tuber and Yellow Dwarf
Ring Rot.00 .00 .00 * * * * * § 115.283. Varietal mixtures.
The maximum percentage of varietal mixture allowed is as follows:
Prenuclear 0% G1 0% G2 0% G3 .25% G4-G8 .25%
SEED STANDARDS § 115.293. Eligibility factors for tags.
(a) To be eligible to produce and tag generation 1[, 2 and 3] through 7 for recertification, the entire farm production shall be in the Certification Program.
* * * * *
Subchapter K. SMALL GRAIN
GENERAL STANDARDS § 115.302. [Treatment for diseases] (Reserved).
[The seed should be treated before planting to control seed-borne diseases as recommended by the County Agricultural Extension Agent located at each county seat.]
Subchapter L. SOD
INSPECTIONS § 115.321. Preplanting.
* * * * * (c) The seed standards for sod quality grass seed [is] are as follows:
* * * * * (4) A sod seed analysis based on the rules of the Association of Official Seed Analysts, c/o Illinois State Seed Laboratory, Post Office Box 4906, 801 Sangamen Avenue, Springfield, Illinois 62706 and section [3 of The Pennsylvania Seed Act of 1965 (3 P. S. § 285.3)] 3 Pa.C.S. § 7104 (relating to labels and labeling) shall be the basis of determining seed standards.
* * * * *
Subchapter S. TREES
FIELD REQUIREMENTS § 115.444. Harvesting.
(a) The following requirements apply to harvesting seed material:
* * * * * (5) The analysis tag shall state the weight of seed in the container in addition to information required by [The Pennsylvania Seed Act of 1965 (3 P. S. §§ 285-1--285.11)] 3 Pa.C.S. Chapter 71 (relating to the Seed Act).
* * * * * (Editor's Note: The following new subchapter is printed in regular text to enhance readability.)
Subchapter T. INTERAGENCY TURFGRASS Sec.
115.451. Purpose. 115.452. Definitions. 115.453. Interagency standards and procedures. 115.454. Prior approval of cooperation. 115.455. Conditioner's application and requirements. 115.456. Conditioner's facilities. 115.457. Conditioner's required records. 115.458. Inspection of conditioning operations. 115.459. Appointment of responsible individual. 115.460. Sampling and testing by the Department. 115.461. Mixing procedures for certified turfgrass. 115.462. Minimum seed standards for interagency certification of turfgrass seed. 115.463. Interagency certification tags and tagging. 115.464. Rejection of interagency certification components' seed lots. 115.465. Fees. § 115.451. Purpose.
(a) The purpose of this subchapter is to provide a system for maintaining the genetic and mechanical purity of certified seed when repackaged or combined in mixtures of kinds and varieties.
(b) The requirements of this subchapter apply when the Department participates with an out-of-State certification agency in the seed certification process.
§ 115.452. Definitions.
In addition to the definitions found in § 113.1 (relating to definitions), the following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise:
Component--A specific lot of a single variety that is used in a mixture.
Interagency certified mixture--Different kinds or varieties of seed certified by the state of origin that have been mixed under the Department's supervision and found by the Department to have met the specific minimum seed standards in this subchapter.
Mixing report--A form used by the Department to list each component of a specific mixture and the lots and amounts used in the mixture.
Official sample--A sample taken by a representative of the Department using sampling techniques recognized by the Association of Official Seed Certifying Agencies.
Sod quality--Seed which has met the quality standards established by the state of origin for use in cultivated sod and has been so labeled by the state of origin.
§ 115.453. Interagency standards and procedures.
(a) Varieties eligible for interagency certification shall be those approved by a member of the Association of Official Seed Certifying Agencies.
(b) Only seed certification by member agencies of the Association of Official Seed Certifying Agencies or agencies recognized by it may be used in the interagency certification program.
(c) The seed certification standards as adopted by the Department for the kinds to be certified shall be applied to interagency certified seed. These standards are found in the provisions of this subchapter which relate to the kind of seed in question. In the absence of Pennsylvania standards, the seed standards of the state in which the seed was grown and certified shall be applied.
(d) Seed will not be recognized for final certification by the Department unless it is received in containers carrying documentary evidence of its eligibility supplied by another certifying agency including:
(1) Variety and kind.
(2) Amount of seed.
(3) Class of seed.
(4) Inspection or lot number traceable to the previous certifying agency's records.
§ 115.454. Prior approval of cooperation.
The Department will not require advance approval of another certifying agency to engage in interagency certification activities unless the original certifying agency prohibits or limits the certification by a statement on its tag.
§ 115.455. Conditioner's application and requirements.
(a) Conditioners desiring interagency certification of seed shall apply annually to the Department and shall meet the requirements of this subchapter.
(b) Conditioners shall notify the Department far enough in advance of the date of mixing to allow for sampling and testing of component lots by the Department.
(c) Conditioners shall be responsible for all applicable fees for application, sampling and testing according to the 3 Pa.C.S. Chapter 71 (relating to the Seed Act).
(d) The identity of the seed shall be maintained at all times.
§ 115.456. Conditioner's facilities.
(a) Facilities shall be available to perform the function requested without introducing contaminants or admixtures.
(b) Equipment used for making mixtures of turf grasses shall have all areas which come into direct contact with the seed accessible for thorough cleaning by the conditioner and inspection by the Department.
§ 115.457. Conditioner's required records.
(a) Records of all movement of seed and procedures must be adequate to account for all incoming seed and seed that has passed final certification. The following records shall be included:
(1) Receiving records consisting of:
(i) Variety and kind.
(ii) Name and address of shipper.
(iii) Shipper's lot number or inspection number.
(iv) Date of shipment.
(v) Date received.
(vi) Weight received.
(vii) Receiving lot number assigned by consignee.
(viii) Name and address of delivering carrier.
(2) Records of mixing or rebagging consisting of:
(i) Variety and king of each component.
(ii) Lot number of each component.
(iii) Lot number and name assigned to each mixture.
(iv) Weight of each bag and number of bags used in each component.
(v) Weight of each bag and number of bags in completed lot.
(vi) Date of mixing or rebagging.
(3) Disposition or stock records of completed lot consisting of:
(i) Name of mixture and lot number.
(ii) Weight of bags and number of bags in final lot.
(iii) Invoice number and weight of each shipment made from the lot.
(iv) Balance of lot remaining after each shipment.
(4) Invoice or other sales records consisting of:
(i) Name of mixture and lot number.
(ii) Name and address of buyer or consignee.
(iii) Date sold or shipped.
(iv) Number of bags and weight of bags sold or shipped.
(b) Conditioners shall permit inspection by the Department of all records of all lots of the kind of seed certified, including both certified and noncertified lots.
§ 115.458. Inspection of conditioning operations and records.
The Department will make as many inspections of both seed and records as may be required to ascertain that only seed meeting the requirements of this subchapter is labeled with interagency certification tags.
§ 115.459. Appointment of responsible individual.
Approved conditioners who have met the requirements in §§ 115.456--115.458 (relating to conditioner's facilities; conditioner's required records; and inspection of conditioning operations and records) shall designate an individual who shall be responsible to the Department for performing duties that may be required.
§ 115.460. Sampling and testing by the Department.
(a) When mixing lots of seed for certification, the conditioner shall use only lots of seed preapproved by the Department. Before approving of a lot, the Department will:
(1) Take an official sample of each component.
(2) Perform tests necessary to verify the eligibility of each component lot.
(b) After the different components have been mixed under the supervision of the Department, the conditioner shall permit the Department to take an official sample of each mixture to retain for reference.
(c) Samples of component lots and certified mixes will be retained by the Department for 3 years.
§ 115.461. Mixing procedures for certified turfgrass.
(a) Before mixing, the conditioner shall ensure that:
(1) Mixing equipment, pallets, scales and floor area adjacent to and around the mixing area are clean and free from seed and foreign material.
(2) Sufficient quantities of new containers are marked with the name of the mixture.
(3) Sufficient quantities of properly completed analysis tags are prepared.
(4) Analysis test reports for purity, germination and sod quality, if applicable, from the state of origin shall be supplied for the Department's records for each lot of each component used in the mixture.
(5) A mixing report shall be completed for the Department with the following information:
(i) The business name, address and phone number of the conditioner.
(ii) The lot number, state of origin and percentage of each component used.
(iii) The name, lot number and date of the mixture.
(iv) The weight of each package of the mixture and the total number of packages in the mixture.
(v) The starting and ending numbers of the certification labels used and the total number of certification labels issued.
(vi) A copy of the analysis label either printed on or attached to the report.
(vii) The signature of the designated representative of the conditioner and the signature of the Department's representative at the completion of the mixing and packaging process.
(6) Each component used is assembled in close proximity to the mixing area.
(7) Each container of each component is clean and sealed, with a certification tag attached.
(8) Damaged containers are not accepted.
(9) Sufficient personnel are available to complete the mixing process.
(b) Before mixing, a Department representative will do the following:
(1) Inspect the equipment for cleanliness.
(2) Inspect the mixing area for cleanliness.
(3) Inspect the new containers provided for the mixture to ensure that they are appropriate.
(4) Inspect the analysis tags for completeness and accuracy.
(5) Inspect each component to ensure that the correct lots are present in the proper amounts, and that all containers of seed to be used in certified mixtures bear a certification tag.
(c) A Department representative shall be present during the mixing process and supervise the loading and bagging of the mixed lot after the components have been thoroughly mixed for the appropriate length of time.
(d) A Department representative will have the sole responsibility to:
(1) Draw an official sample of the completed mixture.
(2) Determine whether the mixer should be cleaned before the next seed mixture is made.
§ 115.462. Minimum seed standards for interagency certification of turfgrass seed.
(a) Turfgrass mixtures intended for use in Pennsylvania certified sod and other states certified sod must meet the following requirements:
(1) Component lots shall be those designated as sod quality by the state of origin; the minimum seed standards found in § 115.321 (relating to preplanting); or the standards required by the state into which the mixture is to be shipped.
(2) Varieties and mixtures of varieties may be approved for use by the state in which they are to be shipped.
(3) It is the responsibility of the conditioner to inform the Department that a certain mixture is to comply with a certain states' standards.
(4) The seed analysis tag must bear the statement ''Eligible for _____Certified Sod,'' when appropriate.
(b) For certified mixtures made for sod growers, other than those in subsection (a), the components used shall be sod quality.
(c) The components for all other mixtures must comply with the following seed standards:
Kind Min. Purity Max. Other Varieties Min. Germ Max. Other Crop* Max. Weed+ Kentucky Bluegrass 96% 2% 80% .25% .2% Red Fescues 97% 2% 85% .25% .2% Hard Fescues 97% 2% 85% .25% .2% Tall Fescue 97% 2% 85% .25% .2% Perennial Ryegrass 97% 2% 85% .50% .2% Bentgrass** 98% 3% 85% .25% .2% Rough Bluegrass 96% 2% 80% .25% .2% *Up to 18 seeds per pound is the maximum amount of the following species: Annual bluegrass (Poa annua), Big Bluegrass (Poa ampla), Rough bluegrass (Poa trivialis), Meadow fescue (Festuca elatior), Tall Fescue (F, arundinacea--except in lots containing tall fescue), Ryegrass (Lolium spp.--except in lots containing ryegrass), Bentgrass (Agrostis spp.--except in lots containing bentgrass), Timothy (Phleum pratense), Smooth Brome (Bromus inermis), Wild oat (Avena fatua), Foxtail (Setaria spp.) Panicum spp., Nutsedge (Cyperus spp.), Bermudagrass (Cynodon dactylon), Velvetgrass (Holcus lanatus), Orchardgrass (Dactylis glomerata). Up to 90 seeds per pound is the maximum amount permitted of the following objectionable weed seeds; Dock and Sorrel (Rumex spp.), Plantain (Plantago spp.), Black medic (Medicago lupulina), Chickweeds (Cerastium spp. and Stellaria spp.), Field Pennycress (Thlaspi arvense), Wild carrot (Daucus carota), Speedwell (Veronica spp.), Spurge (Euphorbia spp.), Wood sorrel (Oxalis stricta), Yarrow (Achillea millefolium), Clover (Trifolium spp.). In addition, no noxious weed seeds are permitted. **Bentgrass purity and germination standards may be 96% minimum pure seed and 80% germination for specific varieties as determined by the certifying agency of the state of origin. (d) In an emergency, and at the discretion of the Department, seed lots failing to meet these standards for other than genetic reasons may be used for interagency certified mixtures. Use of those lots shall be made only when the Department determines that there is a serious shortage of seed meeting these standards.
§ 115.463. Interagency certification tags and tagging.
(a) Certification tags issued by the Department for interagency certified seed will be serially numbered and show class of seed.
(b) The analysis tags supplied by the conditioner must carry the name of the mixture and the number of the lot, show clearly the certifying agencies involved and the kinds and varieties of seed, as well as conform with 3 Pa.C.S. § 7104 (relating to labels and labeling).
§ 115.464. Rejection of interagency certification components' seed lots.
The Department will reject any certified component seed lot for interagency certification that fails to meet the seed standards as described in this subchapter or that exhibits seed damage or contamination. This damage or contamination may include:
(1) Rodent or insect damage.
(2) Moisture damage.
(3) Disease.
(4) Weed seed.
(5) Other crop seeds.
(6) Inert matter.
§ 115.465. Fees.
Fees for interagency certification are set forth in 3 Pa.C.S. § 7109 (relating to fees).
[Pa.B. Doc. No. 08-921. Filed for public inspection May 16, 2008, 9:00 a.m.]
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