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Pennsylvania Code



Subchapter J. POTATO


GENERAL STANDARDS

Sec.


115.271.    Seed source.
115.272.    Field, greenhouse or laboratory conditions.
115.273.    Minimum acreage.

FIELD STANDARDS


115.281.    Isolation requirements.
115.282.    Diseases.
115.283.    Varietal mixtures.
115.284.    Recordkeeping requirements for certification of Prenuclear seed potatoes.
115.285.    Inspection and testing of Prenuclear seed potatoes.
115.286.    Complaints by users of certified Prenuclear seed potatoes.
115.287.    Violations.

SEED STANDARDS


115.291.    Winter test.
115.292.    Storage.
115.293.    Eligibility factors for tags.

GENERAL STANDARDS


§ 115.271. Seed source.

 Seed potatoes grown in this Commonwealth will be limited to 8 generations. Foundation G7 is the minimum acceptable source to produce 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.

Authority

   The provisions of this §  115.271 amended under 3 Pa.C.S. § §  7111 and 7117.

Source

   The provisions of this §  115.271 amended April 6, 1990, effective April 7, 1990, 20 Pa.B. 1878; amended May 22, 2009, effective June 22, 2009, 39 Pa.B. 2577. Immediately preceding text appears at serial page (276759).

§ 115.272. Field, greenhouse or laboratory conditions.

 (a)  Field conditions. The previous crop shall be other than potatoes. Potatoes showing a stand of less than 80% may be refused certification. When fields are rogued, the diseased plants and tubers shall be removed from the field.

 (b)  Greenhouse conditions. The following requirements shall be met prior to the introduction of Prenuclear seed potatoes to a greenhouse, and, if applicable, at all times that Prenuclear potatoes are present in the greenhouse:

   (1)  The greenhouse shall be cleaned and thoroughly disinfected.

   (2)  The interior of the greenhouse shall be treated to kill insects.

   (3)  Weeds shall be killed and removed from the interior of the greenhouse.

   (4)  Benches, floors, pots and tools shall be sanitized.

   (5)  The growth medium shall be sterilized.

   (6)  A foot dip tray shall be situated for use at each entrance. The use of the foot dip tray shall be required of all persons entering the greenhouse.

   (7)  An adequate amount of protective outerwear shall be in place at each entrance, and use of the protective outerwear shall be required of persons entering the greenhouse.

   (8)  Inspection, sampling and testing of potato plants and potato plant materials shall be conducted prior to the introduction of the plants or plant materials into the greenhouse. The plants and plant materials shall be free of Erwinia caratovora pv. caratovora, Erwinia caratovora pv. atroseptica, Clavibacter michiganense subsp. sepedonicum (synonym: Corynebacterium sepedonicum), potato spindle tuber viroid, potato leafroll virus and potato viruses A, M, S, X and Y.

   (9)  Access to the greenhouse shall be limited to trained personnel and escorted visitors.

   (10)  Smoking is not allowed within the greenhouse.

   (11)  Benches and containers shall be labeled or tagged with variety and seed lot information.

   (12)  Prior to entering the greenhouse, and between work with different seed lots within the greenhouse, persons shall wash, disinfect and rinse their hands.

   (13)  The greenhouse shall be free of holes, cracks or other portals of entry for insects and debris.

   (14)  A dead-air space shall exist between the outdoors and any entrance to the greenhouse.

 (c)  Laboratory conditions. In propagating Prenuclear seed potatoes, a laboratory shall use standard aseptic microbiological techniques at all stages of plant growth in tissue culture. The following additional requirements shall be met by the laboratory:

   (1)  Plant material in the certification program shall be physically and procedurally isolated from plant materials of unknown disease status.

   (2)  Media which allow the growth of microorganisms shall be used routinely in the propagation of plant material.

   (3)  Containers of plant material shall be labeled to identify variety and lot.

Authority

   The provisions of this §  115.272 amended under The Pennsylvania Seed Act of 1965 (3 P. S. § §  285-1—285-11); and the act of April 11, 1929 (P. L. 488, No. 205) (3 P. S. § §  291—297).

Source

   The provisions of this §  115.272 amended through February 29, 1980, effective March 1, 1980, 10 Pa.B. 911; amended April 6, 1990, effective April 7, 1990, 20 Pa.B. 1878; amended April 2, 1993, effective April 3, 1993, 23 Pa.B. 1558. Immediately preceding text appears at serial page (147365).

Cross References

   This section cited in 7 Pa. Code §  115.285 (relating to inspection and testing of Prenuclear seed potatoes).

§ 115.273. Minimum acreage.

 Growers, other than growers of Prenuclear seed potatoes, having less than 10 acres of potatoes may not be eligible for the certification service. Less acres will be considered if located in a current seed-producing area.

Authority

   The provisions of this §  115.273 amended under the The Pennsylvania Seed Act of 1965 (3 P. S. § §  285-1—285-11); and the act of April 11, 1929 (P. L. 488, No. 205) (3 P. S. § §  291—297).

Source

   The provisions of this §  115.273 amended February 29, 1980, effective March 1, 1980, 10 Pa.B. 911; amended April 2, 1993, effective April 3, 1993, 23 Pa.B. 1558. Immediately preceding text appears at serial page (147365).

FIELD STANDARDS


§ 115.281. Isolation requirements.

 (a)  Isolation of fields. Fields entered for certification shall be isolated by a minimum distance of 200 feet from other potato fields that show more disease than is permitted at the final inspection. Certification fields shall be separated from noncertified fields by blank rows or other crops.

 (b)  Isolation of greenhouses, laboratories or other facilities used in the production of Prenuclear seed potatoes. Greenhouses, laboratories or other facilities used in the production of Prenuclear seed potatoes shall be isolated by a minimum distance of 200 feet from any potato field.

Authority

   The provisions of this §  115.281 amended under The Pennsylvania Seed Act of 1965 (3 P. S. § §  285-1—285-11); and the act of April 11, 1929 (P. L. 488, No. 205) (3 P. S. § §  291—297).

Source

   The provisions of this §  115.281 amended through February 29, 1980, effective March 1, 1980, 10 Pa.B. 911; amended April 2, 1993, effective April 3, 1993, 23 Pa.B. 1558. Immediately preceding text appears at serial pages (147365) to (147366).

§ 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.

   (1)  First field inspection will be made as early as possible to make accurate identification of diseases.

   (2)  Second or later inspections will take place at blossom time and before the vines are killed.

   (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 1
Spindle Tuber .25 .5 1
Yellow Dwarf .25 .5 1
Total Virus including Mosaic, Leaf Roll, Spindle Tuber and Yellow Dwarf .50 1.0  3
Ring Rot .00  .00  .00

   (4)  Maximum percentages allowed for diseases other than those listed in paragraph (3) will be determined by the certification office after identification.

   (5)  Ring rot, also referred to as Clavibacter michiganense subsp. sepedonicum (synonym: Corynebacterium sepedonicum), found at any time in bin or graded stock will be cause for rejection.

 (b)  Prenuclear seed potatoes. If Erwinia caratovora pv. caratovora, or Erwinia caratovora pv. atroseptica, or Clavibacter michiganense subsp. sepedonicum (synonym: Corynebacterium sepedonicum), or potato spindle tuber viroid, or potato leafroll virus, or potato virus A, M, S, X or Y is detected in a seed lot for which Prenuclear certification is sought, that particular seed lot will be rejected. Detection of virus vectors in a seed lot for which Prenuclear certification is sought will be grounds for rejection of the entire lot.

Authority

   The provisions of this §  115.282 amended under The Pennsylvania Seed Act of 1965 (3 P. S. § §  285-1—285-11); and the act of April 11, 1929 (P. L. 488, No. 205) (3 P. S. § §  291—297); amended under 3 Pa.C.S. § §  7111 and 7117.

Source

   The provisions of this §  115.282 amended February 29, 1980, effective March 1, 1980, 10 Pa.B. 911; amended April 6, 1990, effective April 7, 1990, 20 Pa.B. 1878; amended April 2, 1993, effective April 3, 1993, 23 Pa.B. 1558; amended May 22, 2009, effective June 22, 2009, 39 Pa.B. 2577. Immediately preceding text appears at serial pages (276762) to (276763).

Cross References

   This section cited in 7 Pa. Code §  115.291 (relating to winter test).

§ 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%

Authority

   The provisions of this §  115.283 amended under The Pennsylvania Seed Act of 1965 (3 P. S. § §  285-1—285-11); and the act of April 11, 1929 (P. L. 488, No. 205) (3 P. S. § §  291—297).

Source

   The provisions of this §  115.283 amended February 29, 1980, effective March 1, 1980, 10 Pa.B. 911; amended April 6, 1990, effective April 7, 1990, 20 Pa.B. 1878; amended April 2, 1993, effective April 3, 1993, 23 Pa.B. 1558; amended May 22, 2009, effective June 22, 2009, 39 Pa.B. 2577. Immediately preceding text appears at serial page (276763).

Cross References

   This section cited in 7 Pa. Code §  115.291 (relating to winter test).

§ 115.284. Recordkeeping requirements for certification of Prenuclear seed potatoes.

 (a)  With respect to each seed lot for which Prenuclear certification is sought, the grower shall maintain complete and accurate records of the following:

   (1)  The source of the line.

   (2)  The pertinent field performance characteristics of the plant.

   (3)  The month and year of initiation into tissue culture.

   (4)  General propagation information.

   (5)  Disease testing history.

   (6)  Insect and disease resistance information.

 (b)  The records described in subsection (a) shall be kept in a manner approved by the Department, and shall be made available for inspection immediately upon the request of the Department.

Authority

   The provisions of this §  115.284 issued under The Pennsylvania Seed Act of 1965 (3 P. S. § §  285-1—285-11); and the act of April 11, 1929 (P. L. 488, No. 205) (3 P. S. § §  291—297).

Source

   The provisions of this §  115.284 adopted April 2, 1993, effective April 3, 1993, 23 Pa.B. 1558.

§ 115.285. Inspection and testing of Prenuclear seed potatoes.

 (a)  Inspections of each seed lot for which Prenuclear certification is sought shall be conducted as follows:

   (1)  As a requisite to Prenuclear status, the grower of the seed potatoes shall, at his own expense, annually inspect and test the tissue culture-grown materials for which certification is sought for trueness-to-variety and freedom from Erwinia caratovora pv. caratovora, Erwinia caratovora pv. atroseptica, Clavibacter michiganense subsp. sepedonicum (synonym: Corynebacterium sepedonicum), potato spindle tuber viroid, potato leafroll virus and potato viruses A, M, S, X and Y.

   (2)  The Department will annually inspect laboratory facilities used for the propagation of Prenuclear seed potatoes to verify compliance with §  115.272 (relating to field, greenhouse or laboratory conditions).

   (3)  The Department will annually inspect greenhouse facilities used for the propagation of tissue culture materials for compliance with §  115.272. This inspection will include sampling and testing of water and growth medium for the presence of Erwinia caratovora pv. caratovora and Erwinia caratovora pv. atroseptica.

   (4)  The Department will inspect the greenhouse crop between 3 and 4 weeks after planting. The inspector may sample any seed lot and may reject any seed lot showing signs of insect or disease pests which could compromise the quality of the seed potato or present a risk to the potato industry.

   (5)  The Department will inspect the greenhouse crop when plants are at peak foliar growth. Visual inspection for varietal trueness and the presence of insect or disease pests will be performed. Samples will be taken and tested for the presence of potato leafroll virus and potato viruses A, M, S, X and Y.

   (6)  At or near harvest of a greenhouse crop, the Department will collect random samples from each seed lot, and test the samples for the presence of Erwinia caratovora pv. caratovora or Erwinia caratovora pv. atroseptica or Clavibacter michiganense subsp. sepedonicum (synonym: Corynebacterium sepedonicum).

 (b)  The Department may inspect greenhouse or laboratory facilities, records, equipment or other facilities or instruments used in the propagation of potatoes for which Prenuclear certification is sought, or for which Prenuclear certification has been granted, during normal business hours of the greenhouse or laboratory. During the inspection, the Department may take samples and perform tests it deems necessary. When samples are taken under this subsection, the Department will issue to the applicant, or leave with a responsible person at the facility from which the samples are taken, a receipt setting forth the number and description of the samples taken and the reason for the taking of the samples. Once the samples have been tested, the Department will provide the applicant with written notice of the tests conducted and the results of the tests.

 (c)  The tests and analyses described in this section shall be conducted at a laboratory approved by the Department using testing procedures approved by the Department. The Department will maintain, and provide upon request, a written description of the testing procedures and protocols to be applied, together with a list of the laboratories approved to conduct these tests and analyses. Whenever the Department makes changes to this written description or list, it will mail a copy of the updated description or list to each current applicant for Prenuclear certification, at the address indicated on the application.

 (d)  The expense of testing or analysis required under subsection (a) shall be borne by the applicant. The expense of testing or analysis conducted under subsection (b) will be borne by the Department, unless the testing or analysis is a ‘‘Florida Test,’’ or similar test, required by the Department under §  115.291(d) (relating to winter test).

Authority

   The provisions of this §  115.285 issued under The Pennsylvania Seed Act of 1965 (3 P. S. § §  285-1—285-11); and the act of April 11, 1929 (P. L. 488, No. 205) (3 P. S. § §  291—297).

Source

   The provisions of this §  115.285 adopted April 2, 1993, effective April 3, 1993, 23 Pa.B. 1558.

Cross References

   This section cited in 7 Pa. Code §  113.32 (relating to procedure for inspections); and 7 Pa. Code §  115.287 (relating to violations).

§ 115.286. Complaints by users of certified Prenuclear seed potatoes.

 The grower of seed potatoes which have been certified as Prenuclear seed potatoes shall forward to the Department complaints registered by users of the certified Prenuclear materials.

Authority

   The provisions of this §  115.286 issued under The Pennsylvania Seed Act of 1965 (3 P. S. § §  285-1—285-11); and the act of April 11, 1929 (P. L. 488, No. 205) (3 P. S. § §  291—297).

Source

   The provisions of this §  115.286 adopted April 2, 1993, effective April 3, 1993, 23 Pa.B. 1558.

§ 115.287. Violations.

 The Department may refuse, suspend or cancel Prenuclear certification with respect to a seed lot if one or more of the following applies:

   (1)  The applicable requirements of this chapter have not been complied with.

   (2)  The subject plants are found to be off-type, infected with one of the pathogens described in §  115.285 (relating to inspection and testing of Prenuclear seed potatoes) or infested with virus vectors.

   (3)  The status of plants produced and offered for certification under this chapter is knowingly misrepresented.

   (4)  The identity, propagation history or pathogen-testing history of the subject plants is incomplete, ambiguous or otherwise inadequate.

Authority

   The provisions of this §  115.287 issued under The Pennsylvania Seed Act of 1965 (3 P. S. § §  285-1—285-11); and the act of April 11, 1929 (P. L. 488, No. 205) (3 P. S. § §  291—297).

Source

   The provisions of this §  115.287 adopted April 2, 1993, effective April 3, 1993, 23 Pa.B. 1558.

SEED STANDARDS


§ 115.291. Winter test.

 (a)  Seed to be certified shall have a representative sample of the lot submitted for a test in which the representative sample is grown and examined for diseases prior to the growing of the remainder of the seed lot. This test may be known as a Florida Test, if conducted through the New York Seed Improvement Coop., Inc., a winter test, a grow-out test or some other designation.

 (b)  Seed will be rejected if a test described in subsection (a) shows disease to be in excess of the foliage inspection described in §  115.282 (relating to diseases). Varietal mixture may not exceed the maximums in §  115.283 (relating to varietal mixtures).

 (c)  It is the responsibility of the grower to have the test described in subsection (a) made. The Florida Test is available through the New York Seed Improvement Coop. Inc., Ithaca, New York 14850. Payment is required when samples are submitted.

 (d)  Subsections (a)—(c) do not apply to Prenuclear seed potatoes. The Department may require a Florida Test, or similar test, for particular lots of Prenuclear seed potatoes if virus vectors are detected during the later stages of growth in the greenhouse or laboratory. If this testing is required by the Department as a condition of the Prenuclear certification, the cost of the testing shall be borne by the applicant.

Authority

   The provisions of this §  115.291 amended under The Pennsylvania Seed Act of 1965 (3 P. S. § §  285-1—285-11); and the act of April 11, 1929 (P. L. 488, No. 205) (3 P. S. § §  291—297).

Source

   The provisions of this §  115.291 amended February 29, 1980, effective March 1, 1980, 10 Pa.B. 911; amended April 6, 1990, effective April 7, 1990, 20 Pa.B. 1878; amended April 2, 1993, effective April 3, 1993, 23 Pa.B. 1558. Immediately preceding text appears at serial page (147367).

Cross References

   This section cited in 7 Pa. Code §  115.285 (relating to inspection and testing of Prenuclear seed potatoes).

§ 115.292. Storage.

 (a)  Seed potatoes may not be stored where it is known or suspected that potatoes infected with bacterial ring rot were previously stored, unless the storage areas are properly cleaned and disinfected by means and methods satisfactory to the inspector.

 (b)  When a variety of potatoes in storage are found infected with ring rot, all of this variety grown on a given farm from the particular seed source involved shall be rejected. Equipment used in handling diseased lots shall be thoroughly cleaned and disinfected before it may be used for grading certified seed.

 (c)  No seed for recertification may be sold for 2 crop years from a farm where ring rot has been found.

Source

   The provisions of this §  115.292 amended April 6, 1990, effective April 7, 1990, 20 Pa.B. 1878. Immediately preceding text appears at serial page (48892).

§ 115.293. Eligibility factors for tags.

 (a)  To be eligible to produce and tag generation 1 through 7 for recertification, the entire farm production shall be in the Certification Program.

 (b)  If the disease reading is too high for generation being produced, seed may be tagged the generation to match reading.

 (c)  Certification tags will be issued at shipping time. Tubers, including Prenuclear class tubers, shall meet Pennsylvania Certified Grade which is comparable to U. S. Grade No. 1 Seed Potatoes. Title 7 of the Code of Federal Regulations 51.3000—51.3006 (relating to United States Standards for Seed Potatoes) describes the applicable criteria which shall be met for tubers to be eligible for a Blue or White Tag. Exception will be made for tubers less than 1 1/2 inch in diameter (known as ‘‘B’’ ’s) if size is noted on Blue or White Tag. Tubers, other than Prenuclear class tubers, that meet all certification requirements except grade or size, or both, are eligible for a Green Tag, subject to a Buyer-Seller agreement. Green tagged seed is not eligible for recertification.

Authority

   The provisions of this §  115.293 amended under The Pennsylvania Seed Act of 1965 (3 P. S. § §  285-1—285-11); and the act of April 11, 1929 (P. L. 488, No. 205) (3 P. S. § §  291—297); amended under 3 Pa.C.S. § §  7111 and 7117.

Source

   The provisions of this §  115.293 amended February 29, 1980, effective March 1, 1980, 10 Pa.B. 911; amended April 6, 1990, effective April 7, 1990, 20 Pa.B. 1878; amended April 2, 1993, effective April 3, 1993, 23 Pa.B. 1558; amended May 22, 2009, effective June 22, 2009, 39 Pa.B. 2577. Immediately preceding text appears at serial pages (276767) to (276768).



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