Subchapter S. TREES
GENERAL REQUIREMENTS Sec.
115.411. Terms.
115.412. Evidence of qualification.
115.413. Tree variety approval committee.
RECORD REQUIREMENTS
115.421. Names.
115.422. Description.
115.423. Record of certification for seedlings.
115.424. Nursery reports for seedlings.
115.425. Data and analyses.
115.426. Parent descriptions for seed method.
115.427. Artificial control of seed.
115.428. Map of seed production area.
115.429. Renewal applications.
115.430. Seed collection reports.
115.431. Propagation reports for vegetative method.
115.432. Propagule collection report—vegetative method.
FIELD REQUIREMENTS
115.441. Inspections.
115.442. Unit of certification.
115.443. Growing seed and plant material.
115.444. Harvesting.
GENERAL REQUIREMENTS
§ 115.411. Terms.
The term ‘‘certified’’, shall be amplified to include several categories that apply specifically to forest tree seed, seedlings and vegetatively propagated trees, as follows:
(1) ‘‘Certified tree seed, seedlings or clones (blue tag)’’ shall be either seed, plants grown from seed or plants vegetatively propagated from trees of proven genetic superiority, and produced so as to assure genetic identity.
(2) ‘‘Selected tree seed, seedlings or clones (green tag)’’ shall be seed, plants grown from seed or plants vegetatively propagated from untested but rigidly selected trees that have promise but not proof of genetic superiority, and produced so as to assure genetic identity.
(3) ‘‘Source-identified tree seed or seedlings (yellow tag)’’ shall be seed, or plants grown from a natural population or a plantation for which the geographic location and the genetic background are clearly defined, and produced so as to assure genetic identity. This does not apply to vegetative propagation.
§ 115.412. Evidence of qualification.
(a) It shall be the responsibility of the producer to submit evidence that the seed-producing trees (seed), or seed from which plants are to be grown (seedlings), or trees from which plants are to be propagated (vegetative method) qualify for the category within which material is intended for certification.
(b) It is suggested, but not required, that for seed production or vegetative propagation methods a description of procedures to be followed to secure supporting data be submitted to the Department for approval by the tree variety committee before work is begun on selection and genetic testing.
(c) Supporting data shall be statistically and genetically sound. This may necessitate making provisions for obtaining and keeping records many years before seed is to be certified.
§ 115.413. Tree variety approval committee.
(a) A tree variety approval committee shall evaluate evidence to determine if seed, seedlings or clones qualify for one of the certification categories.
(b) The committee shall include professional forest geneticists representing the Department of Environmental Resources, the United States Forest Service, and the Pennsylvania State University School of Forest Resources.
(c) The committee shall look principally to proof, or promise of genetic superiority in at least one trait compared to other available varieties in the same certification category, and to lack of defects that would seriously jeopardize its intended use.
RECORD REQUIREMENTS
§ 115.421. Names.
(a) The name proposed for the variety (seed) or clone (vegetative) shall be such that it cannot be easily confused with other varieties, clones or taxonomic entities.
(b) Names shall be in accord with the International Code of Nomenclature for Cultivated Plants.
(c) Seedling varietal names shall be the same as those for the seed, except that a variance may be permitted if found to be justified by the Department.
§ 115.422. Description.
(a) A brief description of the variety or clone shall clearly state the methods of selection or breeding by which it was created, its distinctive characteristics, the uses for which it is intended, the geographic region to which it is adapted, and characteristics which may limit its usefulness.
(b) Subsequent advertising claims shall not contain any distortion of this statement, directly or by implication.
§ 115.423. Record of certification for seedlings.
(a) An original or photocopy document of certification and a bill of sale for each time the seed has changed hands shall be submitted.
(b) If inspection and certification are carried out by a different agency, an official copy of the certification standards and procedures of the agency shall be submitted, and these shall offer guarantees of genetic purity, genetic superiority and genetic identity equivalent to the tree standards of the Department of Agriculture.
(c) An English translation of all foreign documents shall be supplied.
§ 115.424. Nursery reports for seedlings.
A nursery or greenhouse report on plans for growing the seedlings shall include all of the following:
(1) A map showing exactly where the plants are to be grown and existence of barriers to prevent mixing with other seedlings.
(2) The species and variety grown in the area during the previous growing season, and its date of sowing.
(3) Weight and number of seeds to be sown.
(4) The nursery bed area in square feet and expected number of seedlings.
(5) Dates of sowing, transplanting, attainment of full size, lifting and shipping.
(6) A description of grading standards and procedures.
§ 115.425. Data and analyses.
Data and analyses supporting claims made in the varietal (seed) or clonal (vegetative) descriptions shall be appropriate to the following certification categories:
(1) Certified tree seed or clone.
(i) Seed progeny test records of individuals or populations or clonal test records (vegetative) shall attest that the following requirements have been met, and shall list the names of all persons involved. Alternatively, if a clone was certified by a different agency, a document of certification and an official copy of its certification standards and procedures may be submitted if they offer equivalent guarantees of genetic qualities.
(ii) Each test shall be designed to evaluate differences in specified characteristics at appropriate ages, and test results shall be expressed in those terms. The statistical design shall be recorded in detail to guide the analyses of test data and the evaluation of results. Replication, randomization and specification of appropriate error terms for evaluating differences shall be essential features. Results shall be expressed in standard units of measure, and statistical tests of significance shall be provided for differences between means.
(iii) Test locations shall adequately sample the geographic region for which the variety of clone is to be recommended. The record shall describe the test sites, including location, climate, soil, past use, site preparation, cultural treatments and occurrence of damage caused by freezes, droughts, insects, diseases or other agencies.
(iv) Seeds or plants subjected to testing shall truly represent seeds or plants that subsequently are to be submitted for certification. If there are possible differences due to pollination or propagation method, seed collection, propagule collection procedures or sampling, it shall be shown that the departures do not bias the test results or their applicability to certification.
(v) One or more check clones of seedling varieties shall be incorporated in the progeny tests or clonal tests. The checks shall represent seeds or plants that would have been acceptable to a prudent, well-informed purchaser had the improved seed or clone not been produced or propagated.
(vi) Records shall indicate that reasonable efforts were made to avoid experimental bias that could be introduced by variation in nursery beds, cultural practices, lifting, grading, packing, storage, transportation, planting, plantation treatments, measurements techniques or mixed identities.
(vii) Measurements and observations made during the progeny or clonal test shall be preserved in readily understandable form, together with statistical analyses and clear, verified summaries. The report shall include quantitative comparisons between the candidate progenies or clones and the checks for each characteristic measured and for each measurement date, whether or not any differences revealed are favorable or statistically significant.
(2) Selected tree seed and clones. Selection records of populations and their individual members shall attest that the following requirements have been met:
(i) The genetic background or ancestry from which the trees were derived shall be described, including provenance, the possible eugenic or disgenic effects of earlier selection practices in the same or previous generations, and deviations from the usual mating patterns in natural populations of the same species of seed.
(ii) There shall be at least indirect evidence that each clone, or each population from which phenotypically superior trees or clones were selected, is well adapted for the geographic region and uses for which the improved variety is intended. There is no reason for suspecting that the clone or the seed may have a serious genetic defect.
(iii) Selection shall be carried out for or against specified characteristics. Selection criteria and procedures shall be described in detail, including the names of all persons involved.
(iv) Selection intensity shall be given for each characteristic in terms of the quantitative differences between the selected trees or clones and the populations from which they were selected. The procedures for computing these values shall be clearly described.
(v) If it exists, pertinent genetic information such as inheritance patterns, heritability estimates or provenance comparisons (for seed), or concerning clonal variation (vegetative), derived from the literature on the same or closely related species (seed) or clones (vegetative) should be summarized and the literature citations listed.
(3) Source-Identified tree seed. The following shall be included:
(i) The genetic background or ancestry from which the trees were derived shall be described, including provenance, possible eugenic or disgenic effects of earlier selection practices in the same or previous generations and deviations from the usual mating patterns in natural populations of the same species.
(ii) There shall be at least indirect evidence that the population is well adapted for the geographic region and uses for which the improved variety is intended. There is no reason for suspecting that it may have serious defects.
§ 115.426. Parent descriptions for seed method.
A list and description of each maternal and paternal seed parent (clone) shall be part of the application for certified or selected tree seed, but not for source-identified tree seed. The description may be in tabular form, and shall include quantitative data obtained during progeny testing or selection pertaining to each characteristic that is claimed to be genotypically or phenotypically superior or inferior.
§ 115.427. Artificial control of seed.
The method of pollination, the system of mating, and any control exerted by man on the genetic quality of the seed shall be described.
§ 115.428. Map of seed production area.
(a) A map shall show the scale, location, access roads and trails, permanent reference points and boundaries of the production area.
(b) For certified or selected tree seed, the map shall also show the isolation zone and the position and number of each maternal and paternal seed parent. Members of the same clone shall be identified by a common number, letter or color.
§ 115.429. Renewal applications.
(a) After an original application pertaining to a particular tree or group of trees (seed method) or a particular clone (vegetative method) has been approved, a renewal application shall be submitted for certification in any subsequent years in which certification is desired.
(b) The renewal application shall confirm that all statements in the original application remain valid, or specify all changes that have occurred (both seed and vegetative).
§ 115.430. Seed collection reports.
A seed collection report shall be filed within 90 days after collection begins. It shall include the variety name; geographic location and number of parent trees; dates of picking; description of collection, processing and safeguards against mixed identities; the total weight of cleaned seeds per pound or kilogram; and the names and responsibilities of all persons who handled or directly supervised the work. The signatures of all of the persons shall attest to the accuracy and completeness of the report as it applies to their part in the seed collection.
§ 115.431. Propagation reports for vegetative method.
A propagation report on plans for growing the plants shall include all of the following:
(1) A map showing exactly where plants or tissue cultures that will serve as sources of propagating materials are to be maintained.
(2) Map showing exactly where propagules are to be grown.
(3) A description of precautions that will be taken to prevent mixed identities.
(4) The propagation area in square feet and expected number of plants.
(5) Anticipated dates of propagule collection, planting, transplanting, attainment of full commercial size, lifting and shipping.
(6) A description of grading standards and procedures.
Cross References This section cited in 7 Pa. Code § 115.432 (relating to propagule collection report—vegetative method).
§ 115.432. Propagule collection report—vegetative method.
A propagule collection or tissue sub-culture report shall be filed within 30 days after the report described in § 115.431 (relating to propagation reports for vegetative method) has been completed. It shall include the name of the clone; actual dates of collection; description of collection, processing and safeguards against mixed identities; the total number of propagules; and the names and responsibilities of all persons who handled or directly supervised the work. The signatures of the persons shall attest that their part in the work has been described accurately.
FIELD REQUIREMENTS
§ 115.441. Inspections.
(a) At least two field inspections shall be made for each seed, seedling or vegetative crop in the following manner:
(1) Seed crop. The first inspection shall be scheduled shortly before or during pollen dissemination and the second during the seed maturation period. The original inspection shall be made before pollination to assure that proper isolation and roguing of seed production areas has been provided.
(2) Seedling and vegetative crops. The first inspection shall be scheduled within 30 days before or after the proposed sowing date for seedlings and the proposed propagule collection date for seedlings and the proposed propagule collection date for vegetative propagation and the second prior to removal from the place of propagation, and within 30 days before or after the date when plants are expected to attain their full size.
(b) The inspector’s estimate of production, whether seed, seedling or vegetative, shall become confidential information to the certifying agency.
(c) Additional inspections may be made at any time without prior notice during seed methods clone collection, seed extraction, cleaning and storage (seed); and the seedling or clonal crop production and shipping period.
§ 115.442. Unit of certification.
(a) Seed method. Certification applies only to the seed crop in one particular year of the trees specified in the application. For certified or selected tree seed, each tree shall be identifiable in the field by number and its location and characteristics shall agree with the information supplied in the application. Boundaries of the seed-producing area and its isolation zone shall be distinct and unmistakable.
(b) Seedling method. Certification applies to one seedling crop grown from a particular lot of certified seed in a particular nursery bed or container, as specified in the application.
(c) Vegetative method. Certification applies to one crop vegetatively propagated from particular members of a certified clone in particular nursery beds or containers, as specified in the application. Each plant or tissue culture which provides a source of propagules shall be labeled with the clonal name, any other reference number and the date that it became a separate organism. If the members of a clone are planted in a row, it shall suffice to label both ends of each row.
§ 115.443. Growing seed and plant material.
(a) Seed method. The following requirements apply to growing seed method material:
(1) Within 500 feet of seed producing trees there may be no tolerance for pollen-producing trees that have the potential for genetic contamination of the seed.
(2) Inadequate pollen production, dispersal or viability may be cause for disqualification if it jeopardizes the seed quality of the variety, in the inspector’s judgment.
(b) Seedling and vegetative methods. Locations and boundaries of nursery beds or other propagating areas shall be distinct and unmistakable. If plants are to be grown in containers, the varietal or clonal name shall be firmly attached to each container or a tree in it.
(c) Seedling method. The following requirements apply solely to growing by the seedling method:
(1) During the 12 months prior to sowing, only seed of the same certified variety or seed of an entirely different species shall be permissible in the soil.
(2) Seed containers shall be properly labeled at all times and handled so as to prevent mixed identities. To prevent contamination, seedling equipment shall be thoroughly cleaned before use.
(3) Isolation strips or barriers to immigration of seed of the same species from adjacent areas shall be maintained until germination is complete.
(4) If resowing is required, only seed of the same certified variety shall be added.
(d) Vegetative method. Containers or propagules shall be properly labeled with the clonal name at all times, and handled so as to prevent mixed identities. Tissue culture equipment shall be thoroughly cleaned before use, to prevent contamination.
§ 115.444. Harvesting.
(a) The following requirements apply to harvesting seed material:
(1) Certified or selected tree seed or fruit shall be collected directly from producing trees.
(2) Each container of seed or fruit shall be labeled with the name of the variety at all times.
(3) There shall be adequate safeguards against mixed identities at all times throughout processing and storage.
(4) Storage conditions shall maintain viability of the seed, according to requirements of the species.
(5) The analysis tag shall state the weight of seed in the container in addition to information required by 3 Pa.C.S. Chapter 71 (relating to the Seed Act).
(b) The following minimum acceptable purity and germination standards apply to seed material:
Species Seed Standards common name scientific name pure seed min. % inert material max. % germi-
nation min. %seed lot wt. (lbs.) Balsam fir Abies balsamea 80 20 30 90 Fraser fir Abies fraseri 80 20 30 90 Black Walnut Juglans nigra 96 4 60 — European larch Larix decidua 90 10 40 70 Japanese larch Larix leptolepis 90 10 40 50 Norway spruce Picea abies 94 6 80 80 White spruce Picea glauca 90 10 80 30 Colorado Blue spruce Picea pungens 92 8 80 50 Red spruce Picea rubens 92 8 80 40 Shortleaf pine Pinus echinata 96 4 85 100 Red pine Pinus resinosa 96 4 85 100 Eastern White pine Pinus strobus 96 4 85 200 Scotch pine Pinus sylvestris 96 4 85 80 Virginia pine Pinus virginiana 96 4 85 100 Sycamore Platanus occidentalis 80 20 30 — Black cherry Prunus serotina 96 4 60 — Douglas fir Pseudotsuga menziesii 85 15 75 125 White oak Quercus alba 98 2 60 — Red oak Quercus borealis 98 2 60 — Black locust Robinia pseudoacacia 96 4 50 — Eastern hemlock Tsuga canadensis 90 10 75 30 (1) Pure seed minimum category allows no other species.
(2) Standard testing procedures have not been established for black walnut, sycamore, white oak or red oak.
(3) The seed lot weight figure is based on an average lot of seed containing approximately 5 million seeds. It is only a suggested figure giving the maximum weight for convenient storage and testing and not a requirement.
(4) Germination tests shall have been completed within a six-month period prior to shipment and the seed should be stored in appropriate containers at a temperature of not more than 38° F.
(c) The following requirements apply to harvesting of seedlings:
(1) Containers or packages used for transporting the trees shall be labeled with the name of the variety and the seed lot number at all times.
(2) There shall be adequate safeguards against mixed identities at all times throughout the lifting, transporting, storing, grading and packing processes.
(3) Optimum conditions shall be maintained so that the plants will be healthy and vigorous at the time of sale. Seriously diseased plants will not be approved.
(4) Labeling tags shall contain the name and address of the producer; the species and subspecies, if applicable; the variety name; date packed; and lot number and quantity.
(5) After processing, seedlings shall be free of diseases, insects and any type of damage that would adversely affect survival and growth to a significant extent. Plants should meet suggested height and caliper requirements in subsection (e) of this section. The producer shall specify in his advertising the range in plant size, by height and caliper.
(d) The following requirements apply to harvesting vegetative materials:
(1) There shall be adequate safeguards against mixed identities at all times throughout the propagule collection, culturing, planting, transplanting, lifting, transporting, storing, grading and packing processes. The certified clonal materials shall be kept completely separate from similar materials.
(2) Optimum conditions shall be maintained so that the plants will be healthy and vigorous at the time of sale. Seriously diseased plants will not be approved.
(3) Labeling tags shall contain the name and address of the producer; species and subspecies, if applicable; clone name; date packed; and lot number and quantity.
(4) Clone grade standards shall be: After processing, vegetatively reproduced plants or plant parts shall be free of diseases, insects and any type of damage that would adversely affect survival and growth to a significant extent. Plants should meet suggested height and caliper requirements as specified in subsection (e). The producer shall specify in his advertising the range in plant size, by height and caliper.
(e) The following seedling and clone grade standards are recommended:
(1) Trees should be alive and healthy, but in a dormant condition.
(2) Evergreen conifers should have live foliage covering two-thirds of their height.
(3) Roots should be full and fibrous and a minimum of 6 inches in length.
(4) The top-to-root ratio should not exceed four-to-one in green weight.
(5) The minimum stem diameter should be the following:
Plant Height in Inches Stem Diameter in Inches Coniferous seedling stock
(80% of plants)4—6 .10 6—9 .15 9—15 .20 Coniferous transplant stock
(90% of plants)6—9 .20 9—15 .25 Hardwood seedling stock
(80% of plants)6—10 .15 10—18 .20 Hybrid popular cuttings
(95% of plants)10 (min.) .25 (small end)
Authority The provisions of this § 115.444 amended under 3 Pa.C.S. § § 7111 and 7117.
Source The provisions of this § 115.444 amended May 22, 2009, effective June 22, 2009, 39 Pa.B. 2577. Immediately preceding text appears at serial pages (276788) to (276791).
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