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 and records.
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.
Authority The provisions of this Subchapter T adopted under 3 Pa.C.S. § § 7111 and 7117, unless otherwise noted.
Source The provisions of this Subchapter T adopted May 22, 2009, effective June 22, 2009, 39 Pa.B. 2577, unless otherwise noted.
§ 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 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.
Cross References This section cited at 7 Pa. Code § 115.459 (relating to appointment of responsible individual).
§ 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 kind 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.
Cross References This section cited at 7 Pa. Code § 115.459 (relating to appointment of responsible individual).
§ 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.
Cross References This section cited at 7 Pa. Code § 115.459 (relating to appointment of responsible individual).
§ 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 this Commonwealth, 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.
§ 115.465. Fees.
Fees for interagency certification are set forth in 3 Pa.C.S. § 7109 (relating to fees).
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