Here are the New York seed regulations for inspection and sales of certified seed in the state. These are the regulations NYSIP and certified growers in the state must follow to be compliant with New York and Federal seed law. The potato regulations are slightly outdated – for example we no longer conduct Winter Tests in Florida. An update has been submitted to the NY Legislature. Click to download printer-friendly version of the NY Seed Certification Standards.

• 96. General Seed Certification Standards
• 97. Small Grain Seed Certification Standards
• 98. Birdsfoot Trefoil Seed Certifiction Standards
• 99. Red Clover Seed Certifications Standards
• 100. Bromegrass and Timothy Seed Certifications Standards
• 101. Kentucky Bluegrass Seed Certification Standards
• 102. Field Bean Seed Certifications Standards
• 103. Commercial Hybrid Corn Seed Certification Standards
• 104. Foundation Single-Cross Corn Seed Certification Standards
• 105. Tomato Seed Certification Standards
• 106. Seed Potato Certification Standards For Foundation Classes
• 107. Seed Potato Certification Standards For Certified Classes
• 108. Interagency Certification Standards and Procedures
• 109. Seed Standards For Interagency Certification
• 110. [Repealed]
• 111. General Tree Seed Certification Standards
• 112. Coniferous Tree Seed Certification Standards
• 113. Crownvetch Seed Certification Standards
• 114. Hybrid Summer Squash Seed Certification Standards
• 115. Soybean Bean Seed Certification Standards
• 116. Alfalfa Seed Certification Standards
• 117. Deertongue Seed Certification Standards
• 118. Flatpea Seed Certification Standards

TITLE 1. DEPARTMENT OF AGRICULTURE AND MARKETS CHAPTER III. PLANT INDUSTRY

SUBCHAPTER A. INSPECTION AND SALE OF SEEDS (ARTICLE 9, AGRICULTURE AND MARKETS LAW)

Parts 96-118

(Statutory authority: Agriculture and Markets Law, §§ 141, 142) Current through July 31, 2011, Updated 1/26/12

Note: The regulations contained herein are believed to be accurate and current at the time of printing of this document. These are not, however, the official version of the New York seed certification standards. The official version of the regulations governing seed certification is available from the New York State Department of Agriculture & Markets, 10B Airline Drive, Albany, NY 12235 (800) 554-4501.

PART 96. GENERAL SEED CERTIFICATION STANDARDS

Section 96.1. Definition of terms.

Definitions pertaining to specific crops are included in the specific certification standards for that crop. Definitions not included in this section and specific crop standards not found in this Title may be found in the Seed Certification Handbook, 2007 edition, published by the Association of Official Seed Certifying Agencies. The document is available from the Association of Official Seed Certifying Agencies, 1601 52nd Avenue, Suite #1, Moline, IL 61265. It is available for public inspection and copying in the office of the Director of Plant Industry, New York Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, or in the office of the Department of State, 41 State Street, Albany, NY 12231.

1. Variety. The term variety means a subdivision of a kind which is distinct, uniform, and stable; “distinct” in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge; “uniform” in the sense that variations in essential and distinctive characteristics are describable; and “stable” in the sense that the variety will remain unchanged to a reasonable degree of reliability in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties.

2. Other varieties. The term other varieties shall be considered to include plants or seed of the same kind that can be differentiated from the variety that is being inspected but shall not include variations which are environmental or characteristic of the variety as defined by the breeder.

3. Off-type. The term off-type means a plant or seed which deviates in one or more characteristics from that which has been described in accordance with section 96.2(a)(3) of this Part as being usual for the strain or variety.

4. Inbred line. The term inbred line means 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.

5. Single cross. The term single cross means the first general hybrid between two inbred lines.

6. Foundation single cross. The term foundation single cross means a single cross used in the production of a double cross, a three-way, or a top-cross.

7. Double cross. The term double cross means the first generation hybrid between two single crosses.

8. Top cross. The term top cross means 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.

9. Three-way cross. The term three-way cross means a first generation hybrid between a single cross and an inbred line.

10. Open-pollination. The term open-pollination means pollination that occurs naturally as opposed to controlled pollination, such as by detasselling, cytoplasmic male sterility, self- incompatibility or similar processes.

11. Lot of seed. The term lot of seed means a definite quantity of seed identified by a lot number, every portion or bag of which is uniform, within permitted tolerances, for the factors which appear in the labeling.

12. In bulk. The term in bulk shall mean seed when loose either in vehicles of transportation or in storage, and not seed in bags or other containers.

13. Department. The term department means the Department of Agriculture and Markets.

Section 96.2. Eligibility requirements for certification of crop varieties.

1. The certifying agency for the State of New York, as designated by the Commissioner of Agriculture, shall maintain a list of crop varieties eligible for certification. The certifying agency shall require the originator, developer, or owner of the variety, or agent thereof, to make the following available when eligibility for certification is requested:

   1. the name of the variety;

   2. a statement concerning the variety’s origin and the breeding procedure used in its development;

   3. a detailed description of the morphological, physiological and other characteristics of the plants and seed that distinguish it from other varieties;

   4. evidence supporting the identity of the variety, such as comparative yield data, insect and disease resistance, or other factors;

   5. a statement delineating the geographic area or areas of adaptation of the variety;

   6. a statement of the plans and procedures for the maintenance of seed classes, including the number of generations through which the variety may be multiplied;

   7. a description of the manner in which the variety is constituted when a particular cycle of reproduction or multiplication is specified;

   8. any additional restrictions on the variety, specified by the breeder, with respect to geographic area of seed production, age or stand or other factors affecting genetic purity; and

   9. a sample of seed representative of the variety as marketed.

2. To certify varieties not on the list of varieties eligible for certification in New York, refer to Parts 108 and 109 of this Title for rules and procedures for interagency certification.

Section 96.3. Classes and sources of certified seed.

Four classes of seed shall be recognized in seed certification; namely, breeder, foundation, registered and certified. These classes are defined as follows:

1. Breeder seed. Breeder seed is a class of certified seed directly controlled by the originating or sponsoring plant breeding institution, or person, or designee thereof, and is the source for the production of seed of the other classes of certified seed.

2. Foundation seed. Foundation seed is a class of certified seed which is the progeny of breeder or foundation seed and is produced and handled under procedures established by the certifying agency, in accordance with this Part, for producing the foundation class of seed, for the purpose of maintaining genetic purity and identity. Production of foundation seed must be carefully supervised or approved by the certifying agency.

3. Registered seed. Registered seed is a class of certified seed which is the progeny of breeder or foundation seed and is produced and handled under procedures established by the certifying agency, in accordance with this Part, for producing the registered class of seed, for the purpose of maintaining genetic purity and identity.

4. Certified seed. Certified seed is a class of certified seed which is the progeny of breeder, foundation, or registered seed, except as provided in section 96.4 of this Part, and is produced and handled under procedures established by the certifying agency, in accordance with this Part, for producing the certified class of seed, for the purpose of maintaining genetic purity and identity.

Section 96.4. 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 shall not exceed two generations beyond the foundation seed class with the following exceptions which may be made with the permission of the originating or sponsoring plant breeder, institution, or his 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 one 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.

Section 96.5. Production of all classes of certified seed.

1. The certifying agency shall determine that genetic purity and identity are maintained at all stages of certification including seeding, harvesting, processing, and labeling of the seed.

2. The unit of certification shall be a clearly defined field or fields.

3. One or more field inspection shall be made:

   1. previous to the time a seed crop of any class of certified seeds is to be harvested; and

   2. when genetic purity and identity can best be determined.

      The field shall be in suitable condition to permit an adequate inspection to determine genetic purity and identity.

4. One or more inspections of harvested lots of seed from inspected fields may be made at any time by authorized persons who shall have authority to recommend to the certifying agency the rejection for certification of any lot not properly protected from mixture, improperly identified or improperly handled.

5. Seed from inspected fields must be positively identified at all times. Bins containing bulk lots of seed (cleaned or uncleaned) must be identified either by bin number or by lot number and variety of the seed in the bin. If bin numbers are used, accurate records must be kept to correlate bin number with variety and lot number. Bags must be identified by a stenciled lot number or identification tag securely fastened to each bag.

6. All samples from each cleaned lot of seed eligible for certification shall be drawn by a person approved by the certifying agency and the department as demonstrated by an approved compliance agreement for the sampling of certified seed. Samples shall be taken according to the procedures set forth in the AASCO Handbook on Seed Sampling, 2006 edition, published by the Association of American Seed Control Officials. The document is available from Anita Hall, 101 East State Street, #214, Ithaca, NY 14850. It is available for public inspection and copying in the offices of the Director of Plant Industry, New York State Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, or in the offices of Department of State, 41 State Street, Albany, NY 12231. Samples shall be taken from and be truly representative of the entire lot of seed which has been recleaned and is in condition for sale. Such sample shall not be considered as being representative for any seed which is recleaned later. Evidence that any lot of seed has not been protected from contamination which might affect genetic purity, or is not properly identified, shall be cause for possible rejection of certification.

7. Analysis and tests of samples of seed and definitions and analytical terms shall be in accordance with the Rules for Testing Seeds, 2007 edition, published by the Association of Official Seed Analysts. The document is available from the Association of Official Seed Analysts, #285, 601 S. Washington, Mail Boxes, Etc., Stillwater, OK 74074. It is available for public inspection and copying in the office of the Director of Plant Industry, New York State Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, or in the office of the Department of State, 41 State Street, Albany, NY 12231. Testing shall be performed by laboratories approved by the certifying agency in consultation with the department.

8. Second sample. If a representative sample of the certified class of seed contains one prohibited seed, or in the case of quackgrass, one multiple floret, or fails to meet germination standards, the lot may be resampled by an official of the seed certifying agency. If the second sample thus obtained meets certification requirements, the lot will be accepted for certification.

Section 96.6. Processors and processing of all classes of certified seed.

The following requirements must be met by processors of all classes of certified seed:

1. Facilities shall be available to perform processing without introducing admixtures.

2. Identity of the seed must be maintained at all times.

3. Records of all operations relating to certification shall be complete and adequate to account for all incoming seed and final disposition of seed.

4. Processors shall permit inspection by the certifying agency of all records pertaining to all classes of certified seed.

5. Processors shall designate an individual who shall be responsible to the certifying agency for performing such duties as may be required by the certifying agency.

6. Seed lots for a specific crop shall be limited to a quantity characterized as uniform by the certifying agency and from which a representative sample may be obtained. Seed lots of the same variety and class may be blended and the class retained. If lots of different classes are blended, the lowest class shall be applied to the resultant blend. Such blending can only be done when authorized by the certifying agency.

Section 96.7. Labeling of all classes of certified seed.

1. All classes of certified seed when offered for sale shall have an official certification label affixed to each container clearly identifying the certifying agency, the lot number or other identification, the variety name (if certified as to variety), and the kind and class of seed. Except that for seed mixtures and seed in containers of five pounds or less, the certification labels need not bear the name of the kind or kind and variety of each component, provided the name of each kind or kind and variety is shown on the analysis label.

2. In the case of seed sold in bulk, the invoice or accompanying document shall identify the certifying agency, the crop kind, variety (if certified as to variety), class of seed, and the lot number or other identification.

3. The official certification label may be printed directly on the container when an accounting of the containers is required by the certifying agency.

4. Labels other than those printed on the containers shall be attached to containers in a manner that prevents removal and reattachment without tampering being obvious.

Section 96.8. Requirements for training seed producers.

Only growers or firms approved by the certifying agency shall be eligible to produce certified seed. Approval shall be based on the suitability of the land for seed production, ownership or access to acceptable seed processing equipment and the background, training, experience and integrity of the grower. The seed certifying agency will conduct educational programs to aid producers in the successful production and processing of certified seed.

Section 96.9. Handling of crop prior to inspection.

Roguing of off-type plants, objectionable crop plants and weeds is required prior to field inspection. Field boundaries shall be designated prior to field inspection.

Section 96.10. Establishing the source of seed.

In order to establish the source of seed used for the production of foundation, registered or certified seed the grower shall furnish documentary evidence to the certifying agency at the time of making application for field inspection. The documentary evidence shall consist of either a certification tag from a bag of seed planted, a signed affidavit giving the certification number or the seed lot number, or a sales record. This requirement shall apply whether the grower purchases eligible planting stock from another person or uses eligible seed or his own production.

Section 96.11. Qualifications for inspectors.

Inspection work requiring training shall be performed only by individuals trained under the supervision of the certifying agency.

Section 96.12. Management and condition of field.

Every field for which certification is requested shall show evidence of proper management and shall show that reasonable precaution has been taken to control contaminating crops and varieties and objectionable weeds, the seeds of which are indistinguishable or inseparable in available cleaning equipment from seed of the particular crop being inspected. Fields with excessive lodging or other conditions which make it difficult to perform satisfactory field inspection may be rejected for certification.

Section 96.13. Bulk certification.

1. Certified seed may be sold in bulk by a grower after obtaining approval by the certifying agency. Procedures and standards are the same as for bagged seed.

2. If a non-portable bin is the unit making up the lot, the maximum lot size is the capacity of that bin and a separate lot number and bulk sale certificate will be assigned for each filling.

3. If the bin or bins are portable, such as pallet boxes, the lot number may be for the boxes in the sale up to the total amount described in the lot and may be covered by one bulk sale certificate per sale.

4. Bulk handled seed, in addition to being properly identified by stencil label, or tag, when sold, must be accompanied by a bulk sale certification in lieu of an official tag. Such certificate shall be issued by the certifying agency on completion of all requirements for certification. Such sale is restricted to that of sale by producer grower to grower.

5. If certification is not completed by the producer grower and such seed is sold in bulk to another producer grower, a bulk transfer certificate may be issued to the seller and a copy to accompany the shipment to the buyer with the producer’s field inspection report.

6. If bulk-handled seed meeting all conditions for certification is sold to anyone other than a grower, such seed, when sold, shall be accompanied by a bulk transfer certificate. This transfer certificate may then be the basis for breakdown to bags requiring certified tags or labels or a bulk sales certificate when sold to a grower. Such service will require prior approval by the certifying agency.

Section 96.14. Seed failing to meet regular certification standards in respect to mechanical purity and/or germination.

1. When certified seed of any kind, variety or class is in short supply due to circumstances beyond the control of certified seed growers, seed meeting all certification requirements in respect to variety purity, but failing to meet other standards, may be certified. The conditions under which seed is certified shall be prescribed jointly by the certifying agency and the commissioner. Seeds so certified shall be tagged with a green certification tag which shall clearly show the class of certified seed and the respects in which the seed to which it is attached does not meet regular certification standards. No seed shall be certified under this provision under conditions which will be injurious to the reputation of the certified seed.

2. Foundation and registered seed failing to meet certification standards other than those affecting genetic purity may be identified as approved planting stock for the production of certified seed in New York State upon the approval of the certifying agency. The tag attached to such seed shall clearly show the class of certified seed that may be produced using these planting stocks and the respects in which the seed does not meet regular certification standards.

3. Should amounts of foundation seed be inadequate to meet demands for planting stock due to fire, drought or other disaster, the certifying agency in consultation with the Department of Agriculture and Markets shall be authorized to locate, purchase and distribute as “approved planting stock” any appropriate and suitable seed.

Section 96.15. Complying with Federal and State seed laws.

Responsibility for any obligations relating to proper labeling of seed, other than those concerned with certification (e.g., proper techniques in establishing genetic identity of seed), arising from the sale or shipment of seed which has been certified, rests with the grower or subsequent handler making the sale or shipment.

Section 96.16. Carry-over seed.

All carry-over seed for which certification has not been completed but which is eligible for certification must be reported to the certifying agency by August 15th of the year following the production season. Failure to report will disqualify the seed for certification. Carry-over certified seed shall have a current laboratory report from an approved laboratory based on a newly taken representative sample of the seed lot and shall meet all applicable certification standards.

Section 96.17. Rejection of certification.

In addition to the failure to meet any of the other certification standards set forth in this Part, any lot of seed may also be rejected for certification if its quality is substandard for reasons such as insect infestation, disease, poor cultural practices that interfere with disease identification, or other conditions or characteristics that could adversely affect the performance of the seed.

Section 96.18. Phyto-inspected seed.

1. Phyto-inspected shall be a term applied to seed of a crop from a field inspected for and meeting disease tolerance for that crop.

2. Phyto-inspection services may be provided for certain crops and certain varieties of such crops under the following conditions:

   1. If the variety and crop are approved for this service by the certifying agency.

   2. Unless otherwise specified the crop and variety approved for phyto- inspection service will be required to meet the pathological standards presently stated for that crop in the current seed certification regulations.

   3. An application entered for phyto-inspection for a new variety or crop must be submitted to the certifying agency at least 12 months prior to the stated deadline dates for the application for field inspection.

   4. Applications for phyto-inspection services are due on the same dates announced for standard certification services.

3. A certificate and/or special label may be provided by the certifying agency stating the limitation of the services provided regarding the specific lot of seed harvested from the phyto- inspected field.

Section 96.19. Advisory committee.

The Board of Directors of the New York Seed Improvement Cooperative, Inc. may serve as an advisory committee to the certifying agency and the department on matters relating to seed certification.

PART 97. SMALL GRAIN SEED CERTIFICATION STANDARDS

Section 97.1. Application and amplification of general certification standards.

1. The general seed certification standards are basic and together with the following specific standards constitute the standards for the certification of small grains.

Section 97.2. Land requirements.

1. A crop of winter grain will not be eligible for certification if planted on land on which any winter grain was grown the previous year.

2. A crop of spring grain may be grown where the previous crop was of the same or higher certification class of the same variety.

Section 97.3. Field inspection.

1. An inspector of the certifying agency shall make at least one field inspection of each field entered for certification.

2. Field inspection shall be made after the crop is fully headed when varietal or crop mixtures can be determined.

3. The inspector shall cross the field sufficiently to evaluate accurately the factors affecting the eligibility for certification.

Section 97.4. Field standards.

1. General.

   1. The field shall be considered the unit of certification. A field cannot be divided for purposes of certification unless satisfactory isolation exists.

   2. Isolation:

      1. Wheat, oats, barley, triticale, spelt. A strip of ground adequate to prevent mechanical mixtures, but no less than three feet wide, which is either mowed, uncropped, or planted to some crop other than the kind being certified, must be present between any plantings of wheat, oats, barley, triticale or spelt, and any other such plantings or combination of plantings.

      2. Rye. A field producing any class of certified seed must be isolated by at least 660 feet from fields of any other variety or the same variety of lower certified seed class.

   3. A field producing either foundation or registered seed being grown from seed which has been treated for the control of loose smut shall be isolated at least 330 feet from other fields or the same crop which are not planted to treated seed.

2. Specific requirements:

                           Maximum % permitted in each class

¹Other varieties shall be considered to include offtype plants not typical of the variety that can be differentiated from the variety that is being inspected.

²Inseparable other crops shall include crop plants, seed of which cannot be thoroughly removed by the usual methods of cleaning. Winter barley and winter wheat fields shall be free of rye.

³Certified small grain fields shall be free of corn cockle (Agrostemma githago), wild onion and/or garlic (Allium spp) and the following vetches: hairy (Vicia villosa), narrow leaf (V. angustifolia), and common (V. sativa).

(b)  Additional provisions.

1. 1. The maximum number of all weed seeds in the certified class of seed shall not exceed 15 seeds per pound of grain in oats or barley, and 10 per pound in rye, spelt, triticale, and wheat.

   2. Weeds considered as objectionable are quackgrass (Elytrigia repens), charlock (wild mustard) (Brassica kaber), and other wild Brassica species; Canada thistle (Cirsium arvense), corn cockle (Argostemma githago), dodder (Cuscuta spp.), bindweed (Convolvulus arvensis), horsenettle (Solanum carolinense), wild onion (Allium spp.), wild radish (Raphanus raphanistrum), Russian knapweed (Acroptilon repens), bedstraw (Galium spp.) and leafy spurge (Euphorbia esula).

   3. All certified small grain seed shall be free of vetch (Vicia spp.). Certified winter barley and wheat seed shall also be free of rye seeds.

   4. Variations which are typical of the variety shall not be included as other varieties.

   5. Fatuoid oats will be scored as pure seed.

   6. In the fluorescence test of oats, the following tolerances for off-types will be permitted. Foundation class – 9 seeds for pound; registered class – 18 seeds per pound; certified class – 36 seeds per pound.

PART 98. BIRDSFOOT TREFOIL SEED CERTIFICATION STANDARDS

Section 98.1. Application and amplification of general certification standards.

1. The general seed certification standards are basic and together with the following specific standards constitute the standards for certification of birdsfoot trefoil.

2. Section 96.3 of the general standards is amplified as follows to apply specifically to birdsfoot trefoil seed: Classes and sources of certified seed:

   1. The region of adaptation of Empire and Viking birdsfoot trefoil shall be New York State and all other States and portions thereof located between the Canadian boundary and the 40th parallel except in the extreme west where the southern boundary shall be the California-Oregon State line.

   2. When a variety is grown outside its designated region of adaptation, certification shall be limited to one generation. The class thus produced shall be the certified class.

   3. When the Empire and Viking varieties of birdsfoot trefoil are grown within the region of adaptation, certification shall be limited to three generations of increase from breeder seed. The three generations shall be foundation, registered and certified. Certified seed shall not be eligible as planting stock for the growing of certified seed.

Section 98.2. Land requirements.

1. Foundation seed for the production of registered seed shall be planted on land on which no birdsfoot trefoil except the same variety and class of certified seed was grown or planted during the five years prior to the one in which the present stand was planted. During the year immediately prior to seeding, the land shall have been in a cultivated crop and the land shall be free from volunteer plants. No manure or other contaminating amendments shall be applied during established and productive life of the stand.

2. Registered or foundation seed for the production of certified seed shall be planted on land on which no birdsfoot trefoil, except seed of the same variety which is eligible for certification, has been grown or planted during the three years prior to the one in which the present stand was planted. During the year immediately prior to seeding, the land shall have been in a cultivated crop and the land must be free from volunteer plants. No manure or other contaminating amendments shall be applied during established and productive life of the stand.

Section 98.3. Field inspection.

1. A field inspection will be made at the time that offtypes and varietal admixtures can most readily be detected.

2. Each grower shall file with the manager’s office of the certifying agency a farm map showing separate fields, properly identified, together with a record of each field showing the date of planting, seed used, and other pertinent information. In the case of a field being entered in thecertification program for the first time, a complete history for five years previous to birdsfoot trefoil planting shall be given. Each grower must keep a duplicate up-to-date farm map showing separate seed fields as a guide to proper identification for certification purposes and chronological history of the fields. The grower’s copy shall be made available to the inspector.

Section 98.4. Field standards.

1. General.

   1. A seed field shall be considered the unit for certification. A strip at least five feet in width and which is mowed, uncropped or planted to some crop other than the kind in question shall constitute a field boundary.

   2. Isolation requirements. All fields used for the production of foundation, registered, or certified seed must be isolated from other strains not meeting purity requirements for certified seed of the same species in accordance with the distances listed below:

       

      Class	Fields of less than 5 acres	Fields of 5 acres or more
      Foundation	80 rods	80 rods
      Registered	40 rods	40 rods
      Certified	20 rods	10 rods
      Different generation of same variety	10 rods	10 rods

   3. Volunteer plants shall be cause for rejection or reclassification of a seed field.

   4. Seed fields outside the region of adaptation. Certification of seed fields outside the region of adaptation of a variety shall be limited to stands not exceeding six years of age.

2. Specific requirements:

                          Maximum permitted in each class

¹ Other varieties shall be considered to include offtype plants and plants that can be differentiated from the variety that is being inspected.

² Objectionable weeds whose seeds are inseparable are dodder (Cuscuta spp.) and bedstraw (Galium aparine), (Galium mollugo) and (Galium verum).

¹ Objectionable weeds are: Bracted plantain (Plantago aristata), buckhorn plantain (Plantago lanceolata), docks: curly (Rumex crispus), bitter (R. obtusifolius), green (R. conglomeratus), smooth (R. altissimus), sour (R. acetosa), sorrel (Rumex acetosella), giant foxtail (Setaria faberii), and wild carrot (Daucus carota). Birdsfoot trefoil seed shall be free of the following weed seeds: Bindweed (Convolvulus arvensis), Canada thistle (Cirsium arvense), dogbane (Apocynum cannabium), horsenettle (Solanum carolinense), leafy spurge (Euphorbia esula), pennycress (Thlaspi arvense), Russian knapweed (Centaurea repens), white top (Lepirium draba)–(Hymenophysa pubescens), bedstraw (Galium spp.), dodder (Guscuta spp.), perennial sow thistle (Sonchus arvensis), quackgrass (Agropyron repens), corn cockle (Agrostemma githago) and wild onion (Allium spp.).

PART 99. RED CLOVER SEED CERTIFICATION STANDARDS

Section 99.1. Application and amplification of general certification standards.

(a) The general seed certification standards are basic and together with the following specific standards constitute the standards for certification of red clover.

(b) Section 96.4 of Part 96 of this Subchapter is amplified as follows to apply specifically to red clover:

Classes and sources of certified seed:

When a strain or variety is grown within its designated region of adaptation, certification shall be limited to two generations from breeder seed. These generations are (1) foundation, (2) certified. The certified seed shall not be used for further production of certified seed.

Section 99.2. Land requirements.

(a) A field established for the production of foundation seed shall be planted on land on which no red clover plants of another strain or variety have been grown within the preceding three years, during which time at least two cultivated crops have intervened. No manure or other contaminating material shall be applied one year preceding or during the production period of the stand.

(b) Foundation seed for the production of certified seed shall be planted only on land on which no red clover plants of another strain or variety have grown or been planted during the previous three years, during which at least one cultivated crop has intervened. No manure or other contaminating material shall be applied one year preceding or during the production period of the stand.

Section 99.3. Field inspection.

(a) A field inspection will be made at the time that offtypes and varietal admixtures can most readily be detected.

Section 99.4. Field standards.

(a) General.

1. Unit of certification. A field or portion of a field may be certified if the area to be certified is clearly defined. Portions of a field not meeting requirements for certification must not be allowed to reach the seed stage.

2. A field producing certified seed must have the minimum isolation distance from fields of any other variety that do not meet varietal purity requirements for certification, as given in the following table:

(b) Specific requirements.

Factor Maximum permitted Certified:   Other varieties¹ 0.50%

¹Other varieties shall be considered to include plants that can be differentiated from the variety that is being inspected.

Section 99.5. Seed standards.

¹ Objectionable weeds are: Bracted plantain (Plantago aristata), buckhorn plantain (Plantago lanceolata) docks: curly (Rumex cripus), bitter (R. obtusfolius), green (R. conglomeratus), smooth (R. altissimus), sour (R. acetosa); sorrel (Rumex acetosella), giant foxtail (Setaria faberii), and wild carrot (Daucus carota). Red clover seed shall be free of the following weed seeds: Bindweed (Convolvulus arvensis), Canada thistle (Cirsium arvense), dogbane (Apocynum cannabinum), horsenettle (Solanum carolinense), leafy spurge (Euphorbia esula), pennycress (Thlaspi arvense), Russian knapweed (Centaurea repens), white top (Lepidium draba)–(Hymenophysa pubescens), bedstraw (Galium spp.), dodder (Cuscuta spp.), perennial sow thistle (Sonchus arvensis), quackgrass (Agropyron repens), corn cockle (Agrostemma githago) and wild onion (Allium spp.).

PART 100. BROMEGRASS AND TIMOTHY SEED CERTIFICATION STANDARDS

Section 100.1. Application and amplification of general certification standards.

(a) The general seed certification standards are basic and together with the following specific standards constitute the standards for the certification of grass seed.

Section 100.2. Land requirements.

(a) Breeder seed for the production of foundation seed shall be planted on land on which no seed of the same species has grown or been planted during the previous five years. Land must be free from volunteer plants.

(b) Foundation or registered seed for the production of registered or certified seed respectively shall be planted on land on which no seed of the same species has grown or been planted during the previous year, except for foundation, registered, or certified seed of the same strain. The land shall be free from volunteer plants.

Section 100.3. Field inspection.

(a) A field inspection will be made at the time that offtypes and varietal admixtures can most readily be detected.

Section 100.4. Field standards.

(a) General.

1. A seed field shall be considered the unit for certification. A strip at least five feet in width and which is mowed, uncropped, or planted to some crop other than the kind in question shall constitute a field boundary.

2. Isolation requirement. All fields used for the production of foundation, registered, or certified seed must be isolated from other strains of the same species in accordance with the distance listed below:

¹ Other varieties shall be considered to include offtype plants that can be differentiated from the variety being inspected.

Section 100.5. Seed standards.

¹Objectionable weeds are: Bracted plantain (Plantago aristata), buckhorn plantain (Plantago lanceolata), docks: curly (Rumex crispus), bitter (R. obtusifolius), green (R. conglomeratus), smooth (R. altissimus), sour (R.acetosa); sorrel (Rumex acetosella), giant foxtail (Setaria faberii), and wild carrot (Daucus carota). Bromegrass seed shall be free of the following weed seeds: Bindweed (Convolvulus arvensis), Canada thistle (Cirsium arvense), dogbane (Apocynum cannabinum), horsenettle (Solanum carolinense), leafy spurge (Euphorbia esula), pennycress (Thlaspi arvense), Russian knapweed (Centaurea repens), white top (Lepidium draba)– (Hymenophysa pubescens), bedstraw (Galium spp.), dodder (Cuscuta spp.), perennial sow thistle (Sonchus arvensis), quackgrass (Agropyron repens), corn cockle (Agrostemma githago) and wild onion (Allium spp.).Climax and Essex timothy shall be free of the weeds listed in the paragraph above except that in the case of pennycress (Thlaspi arvense), Canada thistle (Cirsium arvense), and perennial sow thistle (Sonchus arvensis), the lot shall be eligible for certification as the certified class of seed providing that a representative one half pound sample, (ref. § 96.11), contains not more than a total of two seeds of any one or combination of these three weeds.

PART 101. KENTUCKY BLUEGRASS SEED CERTIFICATION STANDARDS

Section 101.1. Application and amplification of general certification standards.

(a) The general seed certification standards are basic and together with the following specific standards constitute the standards for the certification of grass seed.

(b) Section 96.3 of the general standards is amplified as follows:

Classes and sources of certified seed:

Certified seed is the progeny of foundation or registered seed. Only the certified class of seed is eligible for certification by the New York Seed Improvement Cooperative, Inc.

Section 101.2. Land requirements.

Foundation or registered seed for the production of certified seed shall be planted on land which has not grown or been seeded to this grass during the previous 3 years unless the previous crop was of the same variety and passed certification requirements.

Section 101.3. Field inspection.

(a) A field inspection will be made at the time that offtypes and varietal admixtures can most readily be detected.

Section 101.4. Field standards.

(a) General.

1. The field shall be considered the unit of certification. A strip at least five feet in width and which is mowed, uncropped, or planted to some other crop shall constitute a field boundary.

2. Isolation requirement. Fields for the production of certified seed shall be isolated from other strains of bluegrass by five rods.

(b) Specific requirements.

Smut maximum: 0.50%

Other varieties including offtype plants: 100%

¹Objectionable weeds are: Bracted plantain (Plantago aristata), buckhorn plantain (Plantago lanceolata), docks: curly (Rumex crispus), bitter (R. obtusifolius), green (R. conglomeratus), smooth (R. altissimus), sour (R. acetosa); sorrel (Rumex acetosella), giant foxtail (Setaria faberii), and wild carrot (Daucus carota). Kentucky bluegrass seed shall be free of the following weed seeds: Bindweed (Convolvulus arvensis), Canada thistle (Cirsium arvense), dogbane (Apocynum cannabinum). horsenettle (Solanum carolinense), leafy spurge (Euphorbia esula), pennycress (Thlaspi arvense), Russian knapweed (Centaurea repens), white top (Lepidium draba)-(Hymenophysa pubescens), bedstraw (Galium spp.), dodder (Cuscuta spp.), perennial sow thistle (Sonchus arvensis), quackgrass (Agropyron repens), corn cockle (Agrostemma githago) and wild onion (Allium spp.).

PART 102. FIELD BEAN SEED CERTIFICATION STANDARDS

Section 102.1. Application and amplification of general certification standards.

1. The general seed certification standards are basic and together with the following specific standards constitute the standards for the certification of field beans.

2. Section 96.3 of the general standards is amplified as follows: A field of any variety, for which foundation seed stocks are maintained by the New York Seed Improvement Cooperative, Inc. will be eligible for certification only if planted with registered seed or foundation seed.

Section 102.2. Land requirements.

1. Foundation seed shall not be produced on land on which beans were grown the previous year.

2. A field must be free from volunteer bean plants. Section 102.3. Field inspection.

One or more field inspections will be made at the time or times when diseased and off-type plants can best be detected.

Section 102.4. Field standards.

1. General.

   1. Unit of certification. The unit of certification shall be a field, or portion of a field separated from the remainder by a definite boundary of at least 50 feet wide not planted to beans.

   2. Isolation requirement. Different varieties shall be isolated by at least:

       

      Foundation	Registered	Certified
      50 feet	50 feet	50 feet

   3. Approval of areas. Bean inspection service shall be limited to areas of New York State approved by the New York State College of Agriculture Seed Committee and the certifying agency.

2. Specific standards.

                       Maximum permitted in each class

² 3.00% for varieties of the Marrow type.

³ Discoloration due to weathering is that caused by the growth of molds of bacteria on the seed coat as result of wet weather at harvest time or by improper storage.

⁴ 0.50% for the Yelloweye variety.

PART 103. COMMERCIAL HYBRID CORN SEED CERTIFICATION STANDARDS

Section 103.1. Application and amplification of general certification standards.

1. The general seed certification standards are basic and together with the following specific standards constitute the standards for the certification of commercial hybrid corn.

2. Section 96.3 of the general standards is modified as follows: Only the certified class is recognized.

3. A commercial hybrid to be certified must be produced from certified foundation seed or seed stock approved by the College of Agriculture seed committee.

4. A commercial hybrid is one to be planted for the production of feed or any other commercial or farm use except seed. It may be a (1) double cross (2) three way cross or (3) single cross.

5. A closed pedigree hybrid may be certified provided the producer submits an affidavit with his application designating the hybrid. Pedigrees of these hybrids may be coded. Seed produced under this program will be designated “Certified” and marked with a distinctly colored tag and labeled as a closed pedigree hybrid. Such hybrids shall be listed separately with adequate and proper explanation in the seed directory published annually by the cooperative.

Section 103.2. Land requirements.

There are no requirements as to previous crop. Section 103.3. Field inspection.

At least three field inspections shall be made during the pollinating period, said inspections to be made without previous notification to the grower.

Section 103.4. Field standards.

1. General.

   1. Unit of certification. The unit of certification shall be a field, but a portion of the field may be approved for certification, provided the remainder is designated specifically, harvested separately and the seed is eliminated from certification.

   2. Isolation requirement. A specific commercial hybrid to be inspected for certification must be so located that the ear parent is not less than 40 rods from other corn, provided; however, that the distance may be modified, depending on the acreage of the specific cross by the planting of border rows of pollen parent and except also as shown in subdivision (b),

      (1) and (2) below. The following table applies to all sides of the specific cross exposed to contamination from other corn, whether located directly opposite or diagonally, and indicates the minimum number of border rows required for fields of various sizes when located at different distances from the contaminating corn:

       

      When the number of acres in the crossing field is:

      9 or less  10-14    15-19    20-24    25-29    30-34    35-39  40 or over Then at least this number

      and the distance of the ear parent from other corn is at least: of border rows is required

       

      Rods	Rods	Rods	Rods	Rods	Rods	Rods	Rods
      40	39	38	37	36	35	34	33	1
      37.5	36.5	35.5	34.5	33.5	32.5	31.5	30.5	2
      35	34	33	32	31	30	29	28	3
      32.5	31.5	30.5	29.5	28.5	27.5	26.5	25.5	4
      30	29	28	27	26	25	24	23	5
      27.5	26.5	25.5	24.5	23.5	22.5	21.5	20.5	6
      25	24	23	22	21	20	19	18	7
      22.5	21.5	20.5	19.5	18.5	17.5	16.5	15.5	8
      20	19	18	17	16	15	14	13	9
      17.5	16.5	15.5	14.5	13.5	12.5	11.5	10.5	10
      15	14	13	12	11	10	9	8	11
      12.5	11.5	10.5	9.5	8.5	7.5	6.5	5.5	12
      10	9	8	7	6	5	4	3	13

2. Use of border rows to modify isolation requirements shall not apply:

   1. For corn where the contaminating field is sweet corn or of types other than that being grown for certification.

   2. When differential maturity dates prevail and providing there are no receptive silks in the ear parent at the time pollen is being shed in the contaminating corn.

   3. Where natural barriers such as (i) woods intervene which are three rods or more in width and have sufficiently dense foliage to prevent cross pollination and (ii) where a thick hedge row 20 feet or more in height intervenes plus 10 rows of pollen parent.

3. Detasseling. The following requirements apply only when five per cent or more of the parent plants have apparently receptive silks.

   1. A commercial hybrid will be disqualified for certification if more than one per cent of the ear parent stalks have shed pollen on any one inspection or if the total for three inspections on different dates exceeds two per cent.

   2. Sucker tassels, portions of tassels, or tassels on main plants will be counted as shedding pollen when two inches or more of the central stem, the side branches or a combination of the two have the anthers extended from the glumes.

1. The designation of the grade of a specific lot of seed shall be at the discretion of the producer or distributor.

2. The range in sizes of hybrid corn seed shall be no larger than 26/64 inch or smaller than 17/64 inch in width.

3. The range in width of kernels in any given lot of seed shall be no greater than 4/64 of an inch.

4. All lots of seed shall be graded for thickness.

5. With the submission of each sample of seed for certification, there shall be a statement specifying the screen sizes over and through which the lot of seed represented by the sample was graded for thickness and width.

6. The maximum off-grade tolerance shall be 10 per cent. No kernels shall be more than 1/64 of an inch larger than the grade and no more than one per cent shall be more than 1/64 of an inch smaller than the grade.

7. Hybrids sold outside the State are exempt from these specific grade standards.

PART 104. FOUNDATION SINGLE-CROSS CORN SEED CERTIFICATION STANDARDS

Section 104.1. Application and amplification of general certification standards.

1. The general seed certification standards are basic and together with the following specific standards constitute the standards for certification of foundation single crosses of corn.

2. Section 96.3 of the general seed certification standards is amplified as follows to apply specifically to foundation single crosses:

   1. Only the foundation class is recognized.

   2. A foundation single cross to be eligible for certification must be produced from inbred lines whose source assures their identity. Such inbred lines must be certified, and approved by the college seed committee.

   3. A foundation single cross shall consist of the first generation of a hybrid between two inbred lines to be used in the production of double, three-way, or top crosses.

Section 104.2. Land requirements.

There are no requirements as to previous crop. Section 104.3. Field inspection.

At least four inspections shall be made by an inspector of the certifying agency before and during the pollinating period, said inspections to be made without previous notification to the grower.

Section 104.4. Field standards.

1. General.

   1. Unit of certification. The entire acreage of any one specific foundation single cross grown by and/or belonging to one applicant must be eligible and be inspected. Any field or portion of a field failing to meet requirements must be so disposed of that it cannot be used for seed purposes.

   2. Isolation requirement. A production field of a specific foundation single cross involving male sterile material must be so located that it is not less than 40 rods from any other kind of corn. In case of normal single cross seed production fields, the following exceptions will apply:

      1. Adequate natural barriers for modifying isolation distances; and

      2. Differential maturity dates may permit modifying isolation distances, provided that there are no receptive silks in the ear parent at the time pollen is being shed in the contaminating field.

   3. Detasseling. The following requirements apply only when 5.0 per cent or more of the ear parent plants have apparently receptive silks:

      1. A foundation single cross will not be accepted for certification if on any one inspection more than 1.0 per cent of the ear parent plants have shed pollen, or on any three inspections on different dates exceeds 2.0 per cent;

      2. When more than one combination is being grown in the same isolation and the ear parent of one or more of them is shedding pollen in excess of 1.0 per cent, all ear parents having five per cent or more apparently receptive silks at that time will be disqualified unless adequately isolated from the shedding ear parent;

      3. Sucker tassels, portions of tassels on main plants will be counted as shedding pollen when two inches or more of the central stem, the side branches or a combination of the two have the anthers extended from the glumes.

2. Specific requirements.

   1. An isolation in which more than 0.1 per cent definitely offtype, or more than 1.0 per cent, doubtful-type plants in the pollen parent have shed pollen, will not be certified.

   2. At the time of the last inspection the ear parent shall not contain in excess of 0.1 per cent definitely offtype or 1.0 per cent doubtful-type plants.

   3. Any plant shedding pollen in the male sterile rows must be completely destroyed. Section 104.5. Seed standards.

Foundation single crosses shall be ear-inspected after maturity by the certifying agency. They shall not contain in excess of 0.1 per cent of definitely offtype or more than 0.2 per cent of ears with off-colored kernels.

PART 105. TOMATO SEED CERTIFICATION STANDARDS

Section 105.1. General requirements.

1. Certification is limited to only those varieties which are approved by the College of Agriculture Seed Committee and the certifying agency.

2. Each applicant will be required to furnish information as to the source of his seed stock and to furnish a reasonable and satisfactory guaranty as to its identity. Stock seed for the production of certified seed must be hot water treated.

Section 105.1. General requirements.

1. Certification is limited to only those varieties which are approved by the College of Agriculture Seed Committee and the certifying agency.

2. Each applicant will be required to furnish information as to the source of his seed stock and to furnish a reasonable and satisfactory guaranty as to its identity. Stock seed for the production of certified seed must be hot water treated.

Section 105.2. Field requirements.

1. The term field as used herein applies to the area occupied by one variety of tomatoes planted or handled as a continuous operation which is covered by one inspection report. A portion of a field will not be accepted for inspection. Varieties must be separated by at least 30 feet.

2. Certification may be denied to any field within 30 feet of a field where tomatoes were grown the previous year.

3. Evidence of poor cultural care, or poor and uneven growth, or a serious injury by insects, or other conditions which make accurate inspection impossible will disqualify a field.

Section 105.3. Field inspections.

1. There will be at least two field inspections, the first of which shall be before the first picking. Fields are subject to inspection at any time without notice to the grower.

2. The guide in making inspections for general conformity to type of the variety named shall be an official description obtained from originator of the variety and on file in the office of the certification agency, or a description in any accepted standard.

Section 105.4. Field standards.

1. Not over 0.5 percent mixture (distinctly off-type plants) will be allowed on first inspection. No more than 0.25 percent mixture shall be allowed on second inspection. All rogued plants and fruits shall be removed immediately from the fields.

2. Fields showing more than 0.10 percent of bacterial canker or bacterial fruit spot will be rejected. Fields showing streak, Fusarium wilt or Verticillium wilt will be disqualified if any one or a combination of these diseases is present to such an extent as to mask or make impossible the recognition of other diseases which may be present. Any field showing more than 10 percent of the foliage affected by Septoria blight or more than five percent of the fruit affected by potato late blight or buckeye rot (Phytophthora footrot) at any one inspection shall be rejected. The presence of an unusally large number of weak plants, the cause of which might be a diseased condition, shall disqualify a field. No infection with bacterial wilt (Pseudomonas solanacearum) nor potato ring rot (Corynebacterium sepedoneium) will be permitted.

Section 105.5. Seed samples.

A representative one-ounce sample of the seed of each field (or blended lots of two or more fields) shall be taken for laboratory analysis by an authorized representative of the certifying agency. The sample shall be clearly marked with the grower’s name and address and with the words “For Certification” and shall be sent prepaid to the State Seed Laboratory, Geneva, NY for such tests as may be required.

1. New York certified tomato seed must conform to all provisions of this standard, also to all rules and regulations of the certifying agency and to the New York State seed law, and, when shipped outside the State, to the Federal Seed Act.

2. Every package containing New York certified tomato seed shall be marked clearly with all required information, including:

   1. kind and variety;

   2. percentage germination and date of test; and

   3. registered identification number.

3. Certification tags, labels or stamps appropriate for the grade will be furnished or authorized by the certifying agency and shall be attached to all packages containing certified seed.

4. Seed held over more than nine months beyond the original date of certification shall not be recognized as certified. However, it shall be eligible for recertification, provided a representative sample of regular size be submitted which meets the current certification requirements. Furthermore, the grower and owner shall declare to the New York Seed Improvement Cooperative, Inc., in writing, and on forms provided by the cooperative, that it is the seed and no other seed than that originally certified. In case of recertification, new tags bearing date of last germination test and other data required by the State and Federal seed laws may be issued.

PART 106. SEED POTATO CERTIFICATION STANDARDS FOR FOUNDATION CLASSES

Section 106.1. Classification and eligibility for inspection.

1. Limited generation. All foundation seed shall be produced in a limited generation production scheme. Seed lots are limited to a maximum of six generations of propagation, designated as follows:

Section 106.2. Restrictions applying to the production of foundation seed.

1. Foundation-Uihlein Generation 1.

   1. Plantings shall be on land not used for potatoes the previous year.

   2. Seed grown on farms where bacterial ring rot is found during the current or previous season is not eligible for designation as Foundation-Uihlein Generation 1.

2. Foundation-Uihlein Generations 2 and 3.

   1. Plantings shall be on land which was not used for potatoes the previous year. However, plantings may be made on the same field for two consecutive years, provided that seed of the same variety which meets foundation requirements is produced in both years and is approved by the certifying agency.

   2. Seed grown on farms where bacterial ring rot is found during the current or previous season is not eligible for designation as Foundation Generation 2 or 3.

3. Foundation Generations 4 through 6.

   1. Plantings shall be on land not used for potatoes the previous year. However, plantings may be made on the same field for two consecutive years, provided seed of the same variety meeting foundation requirements is produced in both years and is approved by the certifying agency.

   2. Seed grown on farms where bacterial ring rot is found during the current season is not eligible for designation as Foundation.

      Section 106.2. Restrictions applying to the production of foundation seed.

      1. Foundation-Uihlein Generation 1.

         1. Plantings shall be on land not used for potatoes the previous year.

         2. Seed grown on farms where bacterial ring rot is found during the current or previous season is not eligible for designation as Foundation-Uihlein Generation 1.

      2. Foundation-Uihlein Generations 2 and 3.

         1. Plantings shall be on land which was not used for potatoes the previous year. However, plantings may be made on the same field for two consecutive years, provided that seed of the same variety which meets foundation requirements is produced in both years and is approved by the certifying agency.

         2. Seed grown on farms where bacterial ring rot is found during the current or previous season is not eligible for designation as Foundation Generation 2 or 3.

      3. Foundation Generations 4 through 6.

         1. Plantings shall be on land not used for potatoes the previous year. However, plantings may be made on the same field for two consecutive years, provided seed of the same variety meeting foundation requirements is produced in both years and is approved by the certifying agency.

         2. Seed grown on farms where bacterial ring rot is found during the current season is not eligible for designation as Foundation.

Section 106.3. Florida test.

1. One or more representative samples from each seed source shall be submitted from each field for planting in the Florida test plot. The number of tubers required to be submitted per sample shall be determined by the certifying agency. Tubers selected for the Florida test shall not be smaller than 1 1/2 inches nor larger than 2 1/4 inches.

2. Florida test results shall not show a total in excess of one half of one percent of virus (mosaics, leaf roll, other virus) and spindle tuber.

Section 106.4. General.

1. The certifying agency may deny certification as foundation seed to any field or seed lot which, in its opinion, would be likely to produce potatoes unsuitable for foundation stock. For example, certification may be denied because of poor cultural practices, such as inadequate weed or blight control, which interfere with disease identification.

2. All classes of foundation seed shall have a tolerance of 0.25 percent for varietal mixture.

3. Requirements with respect to matters not specifically covered in the Seed Potato Certification Standards for Foundation Classes in this Part shall be the same as for certified class seed.

4. Records required. Each grower shall keep a record of persons from whom foundation seed was purchased. These records shall be available for examination by the official certifying agency or New York State Department of Agriculture and Markets represent active upon request. Such records shall include variety, quantity, field number(s) and other pertinent certification documents.

PART 107. SEED POTATO CERTIFICATION STANDARDS FOR CERTIFIED CLASSES

Section 107.0. [Repealed]

Section 107.1. Definitions. For the purposes of this Part:

1. Field means the entire area occupied by one variety and one seed source of potatoes and which is covered by one inspection report. Fences, ditches, highways or strips planted to other crops may run through the field provided the separation is not excessive and other conditions are similar.

2. Seed lot means a unit of tubers or plants increased clonally from a single source of tubers or plants. If two or more seed lots are commingled in the field or in storage, seed lots shall be classified at the lowest acceptable seed class or shall be rejected from certification as appropriate.

Section 107.2. Classification and eligibility for inspection.

1. Limited generation. All certified seed shall be produced in a limited generation production scheme. Seed lots are limited to a maximum of six generations of propagation as follows:

    

   Class	Generation
   Certified	G1
   Certified	G2
   Certified	G3
   Certified	G4
   Certified	G5
   Certified	G6

   Generation numbers shall increase with years of production from the original seed source. Certified class seed shall be downgraded automatically one generation each year. The generation year for certified class seed shall be printed on tags by the certifying agency. When disease tolerances for certified class seed lots are exceeded, the lots shall be rejected for certification. Seed lots shall originate from in vitro culture in which all plantlets have tested free from potato viruses A, M, S, X, Y, (all may cause the mosaic disease) and leaf roll; Potato Spindle tuber viroid; Corynebacterium sepedonicum (causes the ring rot disease); and Erwinia carotovora (causes the soft rot and black leg diseases). Propagation of seed lots from the Uihlein Farm at Cornell University or equivalent sources shall be limited to six years with a Generation 5 (G5) lot originating from outside New York State being the last generation eligible for planting. A three year exemption shall be permitted at the discretion of the certifying

   agency for numbered selections from breeding programs or for named varieties for which pathogen-tested seed lots do not exist or are not available.

2. Certified-Uihlein Generation 1. Seed obtained directly from the Uihlein Farm of Cornell University will be eligible for planting.

3. Certified-Uihlein Generation 2. Seed one year removed from the Uihlein Farm of Cornell University and showing a performance in a winter test acceptable to the certifying agency will be eligible for planting.

4. Certified-Uihlein Generation 3. Seed two years removed from the Uihlein Farm of Cornell University and showing a performance in a winter test acceptable to the certifying agency will be eligible for planting.

5. Certified-Generations 1 through 6.

   1. foundation class seed meeting New York blue tag or yellow tag grade requirements originating from New York, other states or Canada; or

   2. certified class seed meeting New York blue tag or yellow tag grade requirements originating from New York, other states or Canada as evidenced by an inspection performed by the State or Federal-State Inspection Service, that have passed a winter test acceptable to the certifying agency; or

   3. New York certified or foundation seed meeting New York white tag grade requirements as evidenced by an inspection performed by the State or Federal-State Inspection Service, that have passed a winter test acceptable to the certifying agency; or

   4. potatoes planted by New York certified seed growers utilizing planting stocks of their own production that are direct progeny from eligible planting stocks and have passed a winter test acceptable to the certifying agency shall be eligible for planting.

6. The certifying agency may reject as planting stocks any seed lot which in its opinion would be likely to produce potatoes unsuitable for certification.

7. Records required. Each grower shall keep a record of persons from whom foundation and/or certified seed was purchased. These records shall be available for examination by the certifying agency or New York State Department of Agriculture and Markets representative upon request. Such records shall include: variety, quantity, field numbers(s) and other pertinent certification documents.

Section 107.3. Restrictions applying to the production of certified class seed.

1. Varieties. Varieties must meet the approval of the certifying agency to be eligible for certification.

2. Land requirements. Seed potatoes shall not be planted on land where ring rot infected potatoes were produced the previous year.

3. Separation of fields. Fields for inspection must be separated from each other and from other potatoes by a vacant space of at least one planting row; six feet is recommended.

4. Disease in nearby fields. Any portion of a field entered for certification which is within 200 feet of potatoes showing 10 percent or more virus disease or more than five percent leaf roll, will be rejected.

5. Seed grown on farms where bacterial ring rot is found during the current or previous season is not eligible for designation as “Certified-Uihlein Generation 1,” “Certified-Uihlein Generation 2,” or “Certified-Uihlein Generation 3.”

6. Inspection procedures. Field and bin inspections shall be conducted on the basis of a visual observation of sample plants and tubers under growing conditions and during storage. A minimum of two field inspections shall be made during the growing season with a visual examination being made of a minimum of 100 plants for each planted acre. Inspections of bins and storage areas shall include a visual inspection of at least 100 stored tubers from each harvested acre. Certification shall not extend to diseases which cannot be observed on the basis of a visual inspection of plants and tubers.

7. Tolerance at field inspection. Fields are to be kept rogued and are subject to inspection at any time. Upon inspection seed lots shall show not more than the following tolerances:

    

   Factor	First inspection Percent	2nd or later inspection Percent
   Mosaics	3.00	1.00
   Leaf roll	3.00	1.00
   Other virus	1.00	0.50
   Spindle tuber	1.00	0.10
   Total virus and spindle tuber	4.00	2.00
   Fusarium1 and verticillium wilt	2.00	5.00
   Varietal mixture	0 .25
   Ring rot2	0.00	0.00

   ¹ Fusarium wilt is understood to mean the diseases caused by Fusarium solani var. eumartii and Fusarium oxysporum.

   ² Ring rot found at any time in bin or graded stock will cause rejection.

8. Interpretation of tolerances. Seed lots which comply with the provisions of this standard and which are found by inspection of an adequate representative sample to contain no more than the specified tolerance of plants or tubers showing visible symptoms of the diseases and defects mentioned will be approved for certification; however, no assurance is implied that these diseases and defects may not be present in a latent form or in greater amounts or even that the inspection of larger samples might not reveal the presence of amounts in excess of stated tolerances. Furthermore, with special reference to ring rot, certification implies that both the growing crop and the harvested lot have been inspected and that no evidence of ring rot has been found, but does not imply that the lot is absolutely free from this disease. Precautions always should be taken to guard against the increase or spread of this disease.

9. Roguing. The grower is responsible for roguing all diseased and abnormal plants that appear during the growing season. Early removal is extremely important in preventing the spread of virus diseases; both the vines and tubers should be carried from the field.

10. Florida test. One or more representative samples from each seed lot shall be submitted from each field for planting in the Florida test plot. The number of tubers required to be submitted per sample shall be determined by the certifying agency. Tubers selected for the Florida test shall not be smaller than 1 1/2 inches nor larger than 2 1/4 inches. Florida test results shall not show a total in excess of five percent virus (mosaics, leaf roll, other virus) and spindle tuber viroid. Seed potatoes shipped before winter test readings are available will be certified if field, harvest and/or bin readings are within required tolerances.

11. Unsuitable fields. The certifying agency may deny certification to any field or seed lot which, in its opinion, would be likely to produce potatoes unsuitable for certified seed stock. Consideration for denial may be given to unfavorable factors, such as unsuitable cultural conditions, weeds, chemical damage and high aphid population.

Section 107.4. Tuber requirements–grades.

1. All classes of certified seed potatoes shall be graded in conformity to New York certified seed grades as designated by the New York State Commissioner of Agriculture and Markets, and as jointly approved by the College Seed Committee and the board of directors of the New York Seed Improvement Cooperative, Inc.

2. All certified seed potatoes shall be graded in conformity with the requirements of blue, yellow or white tag grades.

   1. Blue tag grade. Blue tag grade shall meet the requirements of U.S. No. 1 seed potatoes. Reference, “United States Standard for Grades of Seed Potatoes”, effective March 6, 1987, United States Department of Agriculture, Agriculture Marketing Services, Washington, DC. This document is available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. It is available for public inspection and copying in the counsel’s office or in the office of the Director of Plant Industry, New York State Department of Agriculture and Markets, Capital Plaza, One Winners Circle, Albany, NY 12235.

   2. Yellow tag grade. Yellow tag grade consists of potatoes identified as certified seed or of one variety which meet the following requirements:

      1. fairly well shaped;

      2. free from: freezing injury, blackheart, late blight tuber rot, nematode or tuber moth injury, bacterial ring rot, soft rot or wet breakdown;

      3. free from serious damage caused by: hollow heart, growth cracks, dirt and/or other foreign material;

      4. free from damage by sprouts and growth cracks and any other cause;

      5. size: minimum diameter, unless otherwise specified, shall not be less than 1 1/2 inches; and maximum size, unless otherwise specified, shall not exceed 3 1/4 inches in diameter or 12 ounces in weight;

      6. factors not affecting grade: brown discoloration following skinning, dried stems, flattened depressed areas (showing no underlying flesh discoloration), greening, skin checks, and sunburn do not affect seed quality, and shall not be scored against the grade. In addition, sprouts shall not be scored against New York yellow tag grade, after March 31st of the year following production; and

      7. tolerances: in order to allow for variations incident to proper grading and handling in the foregoing grade, the following tolerances, by weight, are provided as specified.

1. For defects:

   1. Twenty percent for potatoes in any lot which are seriously damaged by growth cracks.

   2. Twenty percent for potatoes in any lot which are seriously damaged by hollow heart.

   3. Twenty percent for potatoes in any lot with sprouts over one inch in length prior to April 1st.

   4. Twenty percent for potatoes which fail to meet the remaining requirements of the grade including therein not more than 10 percent seriously damaged and further provided that included in these tolerances not more than the following percentages shall be allowed for the defects listed:

       

      	Percent
      Bacterial ring rot	0.00
      Serious damage by dry or moist type fusarium tuber rot	2.00
      Late blight tuber rot	1.00
      Nematode or tuber moth injury	0.00

      Varietal mixture 0.25

      Frozen, soft rot or wet breakdown3 0.50

       

      3 Individual containers may contain up to two times the specified tolerance or 1.0 percent provided, that en route or at destination, an additional 0.5 percent or a total of one percent, shall be allowed for potatoes which are frozen or affected by soft rot or wet breakdown.

2. For size:

   1. Undersize. Three percent for potatoes in any lot which fail to meet the required or specified minimum size except five percent shall be allowed when the minimum size specified is 2 1/4 inches or more in diameter or five ounces or more in weight.

   2. Oversize. Ten percent for any potatoes in any lot which fail to meet the required or specified maximum size.

   3. White tag grade. White tag grade shall consist of potatoes identified as certified seed of one variety which meet the following requirements:

      1. free from: freezing injury, blackheart, late blight tuber rot, nematode or tuber moth injury, bacterial ring rot, soft rot or wet breakdown.

      2. tolerances: in order to allow for variations incident to proper grading and handling in the foregoing grade, the following tolerances, by weight, are provided as specified.

          

         	Percent
         Bacterial ring rot	0.00
         Serious damage by dry or moist type fusarium tuber rot	2.00
         Late blight tuber rot	1.00
         Nematode or tuber moth injury	0.00
         Varietal mixture	0.25
         Frozen, soft rot or wet breakdown4.	0.50

         4 Individual containers may contain up to two times the specified tolerance or 1.0 percent, provided, that en route or at destination, an additional 0.5 percent or a total of one percent, shall be allowed for potatoes which are frozen or affected by soft rot or wet breakdown. Tolerances and definitions of damage or serious damage for other physical defects and size requirements are to be determined by agreement between buyer and seller.

3. Definitions.

   1. Damage means any defect (except sunburn, greening, flattened depressed areas, external brown surface discoloration following skinning, dried stems and dirt) or any combination of defects which detracts from the internal or external appearance of the

      potato, or any external defect which cannot be removed without a loss of more than five percent of the total weight of the potato.

   2. Serious damage means any defect (except sunburn, greening, flattened depressed areas, external brown surface discoloration following skinning, growth cracks and dried stems) or any combination of defects which seriously detracts from the internal or external appearance of the potato, or any external defect which cannot be removed without a loss of more than 10 percent of the total weight of the potato.

   3. Serious damage by dirt means that an individual potato is badly caked with dirt.

   4. Damage by sprouts means any potato having sprouts over one inch in length.

   5. For other definitions, application of tolerances, sampling procedures and size determination, see U.S. standards for grades of seed potatoes.

Section 107.5. Rules governing sale of certified seed.

1. Inspection and certification.

   1. No potatoes shall be sold or represented as certified seed potatoes unless they have been officially inspected by the certifying agency and inspection certificates or reports have been issued showing that such potatoes have been produced under and met applicable field and bin inspection standards and requirements, and conform to all other certification standards and requirements as provided herein, including grade standards for the grade under which the seed is to be sold.

   2. Field and bin inspections shall be made by the certifying agency and grading inspections shall be made by the Federal-State Inspection Service. No grading inspection shall be made or grading certificates issued by the cooperative until both a field inspection and separate bin inspection certificate or report have first been issued by the certifying agency.

   3. No person shall sell, offer for sale, have in possession with intent to sell, advertise, label or otherwise represent any potatoes as certified seed or as being of a grade prescribed in these rules; or use in connection with the sale of seed potatoes any work, phrase or designation which suggests that they have been inspected, certified, or graded, unless such potatoes have been inspected, graded and certified under this Chapter, and conform to the grades specified in the grading certificate.

2. Containers and tags. All certified seed potatoes shall be sold and delivered in new containers, or containers approved by the certifying agency. Containers packed with potatoes meeting these standards shall be tagged or marked “New York Certified Seed Blue Tag Grade” or “New York Certified Seed Yellow Tag Grade” or “New York Certified Seed White Tag Grade,” as the case may be, and shall bear tags furnished by the certifying agency showing the grower’s name.

3. Required inspection. All New York blue tag grade and yellow tag grade seed stock sold or offered for sale shall be inspected by the Federal-State Inspection Service. If the potatoes do not meet the grade as marked, the tags or markings shall be removed unless potatoes are regraded and pass inspection.

4. Bulk shipments. Bulk shipments meeting certification standards shall be identified as New York certified seed blue tag grade or New York certified seed yellow tag grade, or New York certified seed white tag grade, as the case may be, and shall be accompanied by a bulk transfer certificate issued by the certifying agency.

5. Storage requirements. Potatoes stored in a public storehouse shall not be sold as certified seed if ring rot is found or known to be present in potatoes in nearby bins. Sections of a public storehouse which are separated by solid walls or partitions shall be regarded as separate storehouses.

6. Limitations for New York white tag grade. New York white tag grade shall be sold or offered for sale only within the State of New York. It is not eligible as planting stock for recertification unless it meets the requirements of the grade as evidenced by an inspection performed by the Federal-State Inspection Service.

7. Records required. Each grower shall keep a record of persons to whom certified seed was sold. These records shall be available for examination by the official certifying agency or New York State Department of Agriculture and Markets representative upon request. Such records shall include: variety, quantity, field number(s), and other pertinent certification documents.

PART 108. INTERAGENCY CERTIFICATION STANDARDS AND PROCEDURES

Section 108.1. Application and amplification of general certification standards.

The general seed certification standards are basic and the applicable requirements together with the following specific standards constitute the standards for interagency certification.

Section 108.2. Varieties eligible.

Interagency certification of crops and varieties other than those recommended by Cornell for use in New York and other than those listed in “Varieties Eligible for Certification” list, shall be considered only on prior application to the certifying agency. Approval for interagency certification of such a variety is contingent on it being recommended by an appropriate State agency in the area of intended use. Crop varieties not listed in “Varieties Eligible for Certification” but recommended by the Cornell University Agricultural Experiment Station for use by New York State farmers will be eligible for interagency certification upon application to the certifying agency.

Section 108.3. Application of standards.

1. The seed certification standards of the New York Seed Improvement Cooperative shall apply to seed certified under interagency procedures. Standards applicable to the class of certification service rendered shall prevail. If there are no standards for the crop handled under interagency certification, the standards of the State in which the seed was field inspected shall be applied. In either case such standards shall be equal to or better than the Association of Official Seed Certifying Agencies’ standards.

2. Seed entering New York that was produced as certified seed in another state or province may be eligible for New York certification providing that this seed falls within recognized tolerances of the seed standards of the New York Seed Improvement Cooperative. Recognized tolerances shall be those listed in the most recent edition of the rules for testing, adopted by the Association of Official Seed Analysts. The analysis sample size shall be that specified by the Association of Official Seed Analysts in this same edition.

Section 108.4. Evidence of seed eligibility.

In order for seed to be eligible for final certification by the New York Seed Improvement Cooperative, Inc., it must be received in containers carrying documentary evidence of its eligibility supplied by another certifying agency including:

1. variety and kind of seed;

2. amount of seed (pounds or bushels);

3. class of seed (foundation, registered, certified); and

4. inspection or lot number.

Section 108.5. Prior approval of cooperating agencies.

The New York Seed Improvement Cooperative, Inc. need not obtain prior approval of another agency, which is a member of the Association of Official Seed Certifying Agencies, to engage in interagency certification activities unless the original certifying agency prohibits or limits interagency certification by a statement of its certification tag. Complete information on seed certified is to be returned by the New York Seed Improvement Cooperative, Inc. to the certifying agency last having jurisdiction of the seed. Such information shall include: the amount of seed received, amount of seed finally certified, nature of the service rendered (recleaning, rebagging, retagging, etc.).

Section 108.6. Blending.

Lots of the same variety and class of seed may be blended. If lots eligible for more than one seed class are blended, the lowest class shall be applied.

Section 108.7. Approval of the processor.

Processors desiring interagency certification services shall apply annually (by January 1st), to the New York Seed Improvement Cooperative, Inc., Ithaca, New York. Requirements to be met by the cooperating processors shall include the following:

1. Facilities, determined by inspection, shall be available to properly perform the functions requested.

2. Identity of the seed must be maintained at all times.

3. Use of certification service shall be a regular function of the processor.

4. Records of all operations shall be complete and adequate to account for all incoming and finally certified seed. These shall include:

   1. Receiving records, including the following information:

      1. variety and kind;

      2. name and address of the shipper;

      3. shipper’s lot number or inspection number;

      4. date of shipment;

      5. date received;

      6. weight received;

      7. receiving lot number as assigned to the lot of seed by the consignee; and

      8. name and address of common carrier.

   2. Record of cleaning, blending, rebagging, retagging, or other processing including:

      1. variety and kind;

      2. lot numbers of component lots used in making the final or blended lot and final lot number;

      3. number of bags and weight of each component;

      4. number of bags and weight of recleaned seed or blended seed, including size and variety of packages;

      5. weight of refuse or screenings and its disposition;

      6. date processed or rebagged; and

      7. serial numbers of certification tags attached to each lot of seed.

   3. Disposition or stock book record, which shall include:

      1. variety and kind;

      2. number of bags and weight of the final lot;

      3. invoice or order number and weight covering each shipment;

      4. balance remaining after each shipment; and

      5. amount used in other lots and the identity of the other lots into which it was blended.

   4. Invoice or other sales records which shall include:

      1. variety and kind;

      2. name and address of the buyer or consignee;

      3. date sold or shipped;

      4. number of bags and weight of seed sold or shipped; and

      5. lot number.

5. Processors shall permit inspection by the certifying agency of all records of the kind of seed processed for seed purposes including both certified and noncertified seed.

6. Processors shall designate an individual who shall be responsible for performing such duties as may be required.

Section 108.8. Reports to and by the New York Seed Improvement Cooperative, Inc.[PENDING UPDATE: Reports to and by the New York Seed Improvement Project]

1. Upon completion of the processing and bagging, the dealer shall complete and transmit to the certifying agency, certification form C-1, “Dealer Interagency Processing and Bagging Report”.

2. For lots of certified seed tagged, the processor shall complete form C-2, “Processor Interagency Tagging Report” and transmit same to the New York Seed Improvement Cooperative, Inc.[PENDING UPDATE: New York Seed Improvement Project]

Section 108.9. Inspection of processing operations.

The certifying agency shall make as many inspections of both the seed and records as may be required to satisfy itself that only the seed meeting requirements is labeled with certification tags.

Section 108.10. Samples.

1. Samples as specified in the general seed certification standards shall be obtained for the certifying agency. Samples of all lots of seed whether processed or rebagged handled under the interagency certification shall be retained for the New York Seed Improvement Cooperative, Inc.

2. Seed of lots handled under interagency certification shall be obtained in commerce and compared in the laboratory, and as growing plants with the sample submitted for final certification.

3. Where certification service includes cleaning, bulking and blending, a representative sample of such seed is to be submitted to the seed laboratory of the New York State Agricultural Experiment Station at Geneva for testing as to compliance with the interagency certification standards.

4. Seed previously interagency certified by an officially recognized seed certifying agency will be accepted for certification provided an analysis sample of the size specified in section 96.13 of this Title does not contain more than one prohibited seed and it meets New York standards in all other respects. If more than one prohibited weed seed is found the lot shall not be eligible for resampling unless it is reprocessed.

Section 108.11. Tags and tagging.

1. Serially numbered interagency certification tags shall be sent to approved processors on request. Such tags are to be inventoried by the processor and used in accordance with the interagency certification standards and procedures and instructions of the New York Seed Improvement Cooperative, Inc. Minimum information to be imprinted on interagency certification tags is as follows:

   Crop and variety

   Class of seed, i.e., (certified)

   Certifying agency making field and seed inspections Lot number

   If official pressure sensitive labels are used, refer to subdivision (c) of this section.

2. Labeling information may be imprinted on the interagency certification tags in which case identification of the processor or vendor must also appear. Interagency certification tags may be used by approved processors on any certified seed except where specifically prohibited.

3. When serially numbered interagency pressure sensitive labels are used the information of crop and variety, class, state or origin and lot number must be included on the supporting analysis label or tag on each bag or package of seed bearing the interagency label.

PART 109. SEED STANDARDS FOR INTERAGENCY CERTIFICATION

Section 109.1. Applicable standards.

1. In the interagency certification of seeds, standards which shall be equal to or better than the Association of Official Seed Certifying Agencies’ standards for the crop in question and outlined herewith shall apply. Such standards shall apply to seed under interagency certification which is cleaned, bulked, blended or rebagged.

2. If seed is handled under interagency certification for which no standards have been adopted by the New York Seed Improvement Cooperative, Inc., then the seed standards in the originating State shall be applied.

3. Certified seed standards.

a. Ladino clover.

Factor

Pure seed (minimum): 98.00%

Other crop seeds (maximum): 2.00%

Sweet clover (maximum): 180 per lb.

Inert matter (maximum): 2.00%

Weed seed (maximum): 0.50%

Objectionable weeds¹(maximum): 360 per lb.

Total of germination and hard seeds (minimum): 85.00%

¹ Objectionable weeds are: Bracted plantain (Plantago aristata), buckhorn plantain (Plantago lanceolata), docks: curly (Rumex crispus), bitter (R. obtusifolius), green (R. conglomeratus), smooth (R. altissimus), sour (R. acetosa); sorrel (Rumex acetosella), giant foxtail (Setaria faberii), and wild carrot (Daucus carota). Landino clover seed shall be free of the following weed seeds: Bindweed (Convolvulus arvensis), Canada thistle (Cirsium arvense), dogbane (Apocynum cannabinum)), horse netle (Solanum carolinense), Johnson grass (Sorghum halepense), leafy spurge (Euphorbia esula), pennycress (Thlaspi arvense), Russian knapweed (Centaurea repens), white top (Lepidium draba), (Lepidium repens), (Hymenophysa pubescens), bedstraw (Galium supp.), dodder (Cuscuta spp.), perennial sow thistle (Sonchus arvensis), quackgrass (Agropyron repens), corn cockle (Agrostemma githago), and wild onion (Allium supp.).

1. 1. Alfalfa, birdsfoot trefoil, bromegrass, timothy, hybrid field corn, red clover, Kentucky bluegrass and small grains.

2. Standards for interagency certification shall be the same as for the certified class of seed in the preceding certification standards for these crops when grown in New York State.

PART 110. [REPEALED]

PART 111. GENERAL TREE SEED CERTIFICATION STANDARDS

Section 111.1. Definitions.

1. Designated stands or trees means stands or trees which have been inspected and approved for the collection of seed or vegetative propagation material in accordance with the standards and procedures outlined in the “standards”.

2. Field shall be interpreted to include “stand”, “orchard” and “trees” from which tree seed may be collected.

   Note: All forest tree improvement terms are defined in accordance with “Glossary for Forest Tree Improvement Workers” E.B. Snyder, Editor, published 1959 by Southern Forest Experiment Station. U.S.F.S.

3. Clone. A group of plants derived from a single individual (ortet) by a sexual reproduction. All members (ramets) of a clone have the same genotype and consequently tend to be uniform.

4. Elite tree. The quality of the tree so designated has been verified by appropriate testing, as superior or desirable under a specified propagation system. The superiority of crossbred parents is evaluated by means of the progeny test. That of inbreds is evaluated by observing the inbred lines; that of clones by clonal tests.

5. Genotype.

   1. An individual’s hereditary constitution, expressed or hidden, underlying one or more characters; the gene classification of this constitution expressed in a formula. The genotype is determined chiefly from breeding behavior and ancestry. It reacts with the environment to produce the phenotype.

   2. Individual(s) characterized by a certain genic constitution.

6. Ortet. The one plant from which members of a clone were originally derived.

7. Phenotype. The demonstrable characteristic(s) of an organism; the product of the interaction of the genes of an organism with the environment.

8. Progeny test. Evaluation of individuals by the performance of their offspring.

9. Propagule. A plant part such as a bud, tuber, root, or shoot, used to reproduce an individual asexually.

10. Seed orchard. A plantation consisting of clones or seedlings from selected trees, isolated to prevent pollination from outside sources, and cultured for early and abundant production of seed for reforestation. Forest seed orchards are often established while genetic evaluation of the material is under way. When results of these tests are known, the undesirable individuals are rogued.

11. Vegetative propagation. Propagation of a plant by asexual parts, as in budding, dividing, grafting, rooting, and air layering. Hereditary factors or genes of the resulting clone (ramets) are identical with those of the original plant (ortet).

Section 111.2. Eligibility requirements for certification of tree seeds.

Certification is limited to those species or species hybrids for which standards have been established by the State University College of Forestry seed committee and the certifying agency.

Section 111.3. Sources of certified seed.

Certification is limited to seed produced by designated stands, trees, or seed orchards.

Section 111.4. Categories of certified seed.

Four categories of seed shall be recognized in tree seed certification and are defined as follows:

1. Superior seed. Seed produced from progeny tested parentage where the performance of the progeny has been determined by tests approved by the certifying agency.

2. Selected seed. Seed produced from seed orchards or trees prior to completion of progeny tests. The parent trees concerned will have been chosen by very rigorous selection methods.

3. Standard seed. Seed produced from seed production areas where undesirable trees have been removed but for which no progeny testing is required.

4. Source seed. Seed certified under the provisions stated in section 111.14 of the tree seed certification standards as described below.

Section 111.5. Requirements for certified tree seed producers.

Producers or collectors of tree seed to be certified must comply fully with the registration or membership requirements of the certification agency designated by the Commissioner of Agriculture and Markets of New York for the certification of tree seed.

Section 111.6. Handling of crop prior to inspection.

Establishment and maintenance of isolation strips, removal of undesirable individual trees, and marking of seed production area as hereinafter described, are to be completed previous to field inspections.

Section 111.7. Establishing source of seed.

1. For certified seed from forest trees the exact geographical source of the parent trees and the stand history must be known.

2. Where seeds or other propagating materials are produced from planted or otherwise artificially established trees, the origin of the parent material must be known. If the origin is not

definitely known the trees must be of high phenotype quality and of sufficient age to produce the products desired from management.

Section 111.8. Qualifications of inspectors.

Inspection work requiring technical training shall be performed by men who have been trained for the job. Such training shall be conducted under the supervision of the seed committee of the College of Forestry.

Section 111.9. Control of insects and diseases.

Stands or trees from which seed is to be taken for certification shall show evidence that reasonable precaution has been taken to control insects and diseases harmful to seeds or seed production.

Section 111.10. Samples and sampling of seed.

1. A representative sample of seed shall be taken from each lot that is to be offered for sale by a representative of the certifying agency.

2. The sample shall be taken after the seed has been cleaned and is in condition for sale. Such sample shall not be considered representative for seed which is recleaned later.

3. Samples shall be taken in accordance with the procedures as outlined by the Association of Official Seed Analysts.

4. Size of sample. The size of sample submitted shall be in accordance with the standards set for each species.

5. Submitting sample for moisture test. The sample to be tested must be submitted to the laboratory in air-tight, moisture proof containers so as to be representative for the lot at the time of sampling.

Section 111.11. Seed house or bin inspection of seed.

One or more inspections of harvested lots of seeds to be certified may be made at any time by authorized persons. Any lot not properly stored, not properly protected from mixture, or not properly identified may be rejected for certification.

Section 111.12. Seed testing.

Analysis and tests of samples of seed, and definitions of analytic terms shall be in accordance with the rules of the Association of Official Seed Analysts, when these are established. In the interim, rules of the International Seed Testing Association will be followed.

Section 111.13. Labeling.

1. Responsibility for obligations relating to proper labeling of seed, other than those concerned with certification, arising from the sale or shipment of seed which has been certified rests with the producer or subsequent handler making the sale or shipment.

2. All seed sold as certified shall have an official tag properly affixed to each container. Sealing requirements will depend on the species and methods of handling.

3. All official certification tags and seals must be obtained from the authorized certification agency, and must be affixed to the seed containers in compliance with the regulations of the certifying agency.

Section 111.14. Seed failing to meet certification standards for superior, select, or standard seed.

It is recognized that certified tree seed should meet high standards in mechanical purity, germination, genetic quality, and freedom from damage by insects or disease. However, certain lots of seed may fail to meet certification standards for superior, select or standard seed, and yet may appropriately be certified. Such seed may be certified under conditions jointly prescribed by the Commissioner of Agriculture and Markets, the Dean of the State University College of Forestry, and the certifying agency. Seed so certified shall be tagged “Source seed” with a special certification tag which shall indicate the respect or respects in which the seed to which it is attached fails to meet certification standards for superior, select or standard seed. No seed shall be certified under this provision under conditions which will be injurious to the reputation of certified tree seed.

Section 111.15. Seed held over.

Seed held over for more than nine months from the original date of certification shall not be recognized as certified. However, it shall be eligible for recertification provided a representative sample of regulation size be submitted and meets the standards for certification. If changes in certification standards have been made between the date of first certification of the seed and date of request for recertification so that the seed does not meet the new requirements, it can be recertified for a period of one year if it meets the standards under which it was previously certified.

Section 111.16. Refusal of certification privilege.

1. It is clearly recognized that in the application of these procedures certain exceptional cases not clearly covered by the standards may arise. Any lot of seed may be rejected for certification if its quality in any respect not specifically covered by these standards is such that its value is not consistent with the purposes of seed certification.

2. The certification agency can withhold the privilege of tree seed certification from any person or group of persons for cause, if it deems this action to be in the interest of maintaining the standards of seed certification.

Section 111.17. Seed records.

Possessors of certified seed will maintain careful records from which the following data can be determined:

1. Amounts of seed held; listed by species, certification number, and date of acquisition.

2. Amounts of seed disposed of during previous year; listed by species, certification number, date of sale, and name of person receiving it.

PART 112. CONIFEROUS TREE SEED CERTIFICATION STANDARDS

Section 112.1. Application and amplification of general tree seed certification standards.

The general tree seed certification standards as stated above [Part III] are basic and together with the following specific standards, constitute the standards for the certification of coniferous tree seed.

Section 112.2. Land requirements.

Site index (site quality index based on total height of dominant trees at 50 years of age) will be given on each packet of seed, if available. Elevation of place from which seed was collected will be shown on each packet of seed.

Section 112.3. Field inspection.

1. Field inspection and designation (including all required records and official approval) must be completed before pollination of the first crop of seed to be certified. In addition, an inspection will be made of the designated stand within 90 days prior to each seed collection. At this time the inspector will make an estimate of seed production which will become the confidential information of the certifying agency.

2. Inspections will be required only in years in which certified seed production is planned, after the stand is designated, provided that subsequent inspections shall not be made more than five years apart.

3. Inspections may be made at any time during seed collection, extraction, and cleaning without prior notice.

Section 112.4. Field standards.

1. General.

   1. Unit for designation. An individual tree, clone or stand of trees may be designated. A designation unit will generally consist of an area not less than a quarter of an acre. A clear and distinct boundary line will be marked with paint between an area and its isolation strip. The outer boundary of the isolation strips shall be marked with a contrasting color or symbol.

   2. Isolation requirements. Except as otherwise specified, an isolation strip of 400 feet is to be maintained around a designated area. This zone shall be maintained free of off-type plants and other species which might cross-pollinate seed producing trees.

2. Specific requirements.

   1. Stands or trees will be evaluated for designation as either appropriate for the production of timber products, or having qualities believed to have special value for some other

      particular use, or both. Such special qualities as the trees or stands may have are to be carefully described.

       

   2. All stands or trees which are to be designated for seed production shall be of seed bearing age.

   3. Seed producing areas. A stand should consist of at least 20 trees of high general quality growing sufficiently close to one another that effective cross pollination can be expected. For timber products production, only trees of average or above form, vigor and natural pruning, and average or below in branch size shall remain.

   4. Seed orchards. The stand will be composed of at least 15 trees. The identity of each tree shall be known and records of the ortet (or parentage in the case of seedling stock) shall be available for inspection. The arrangement shall be such as to maximize cross-pollination between clones. All clones in a seed orchard must be progeny tested and the tests approved by the certifying agency before superior seed can be produced. The records of each progeny test shall be available to the agency and at its discretion it may refer them to proper authorities for evaluation. The field plots of the progeny tests must be maintained until such time as the requirements of the certifying agency are satisfied.

      Prior to completion of progeny tests and qualification of superior seed, seed which is produced in seed orchards may be sold as select seed, provided that all ortets or individual trees are expected to eventually meet the standards for “elite trees.”

   5. Elite trees (including varieties):

      1. An elite tree must possess certain characteristics such as superior growth, intrinsic wood quality, distinctive foliage color, etc. which can be described and must be capable of being differentiated from other trees of the same species on the same site. All trees must be progeny tested before designation as elite trees. The progeny tests and records shall be handled as for seed orchard clones.

      2. Each tree shall be marked with a band of paint not less than 6 inches wide containing identifying numbers and/or letters. The records for each tree shall contain a complete description of the tree and a map showing its exact location.

      3. Open pollinated seed may be certified select if an isolation strip is maintained as prescribed. Controlled pollinated seed may be certified “Superior” provided the cross presented for certification has been progeny tested and the tests approved by the certifying agency. Propagules from elite trees may be certified superior.

Section 112.5. Seed standards.

(a) General provisions.

1. Unless otherwise specified, storage is to be in air-tight moisture proof containers at a moisture content of less than eight per cent and at a temperature below 40 degrees Fahrenheit from time of sampling until shipment.

2. Tree seeds meeting the regular laboratory test standards required for certification will be tagged with the regular blue tag. Seed failing to meet these standards, but complying with stated lower requirements in germination and purity will be marked with a green certification tag.

Red pine (Pinus resinosa)

Pure seed minimum 98.0% 98.0% Other species or varieties (maximum) 0 % 2 seed in sample Inert matter (maximum) 2.0% 2.0%

Scotch

White pine (Pinus strobus)

Section 112.6. Plants and propagules.

1. Plants grown from certified seed may be certified the same category as the seed lot and will be so labeled including lot number.

2. Propagules from certified clones may be certified the same category as the ortet and will be so labeled.

Section 112.7. Labeling requirements.

1. The following information, in addition to that required by the New York seed law will be supplied with each bag or container of certified seed. This information may be on the tag of the certifying agency or on a separate tag:

   Code number of certifying agency.

   Lot number.

   Date of test (month and year). Elevation of collection area.

   Site index of collection site (if available).

2. A statement shall be supplied with each bag or container of certified seed to the effect that a “Certificate of Origin” is available to each purchaser of certified seed, if a request giving the code number is sent to the certifying agency.

PART 113. CROWNVETCH SEED CERTIFICATION STANDARDS

Section 113.1. Application and amplification of general certification standards.

1. The general seed certification standards, as adopted by the Association of Official Seed Certifying Agencies, are basic and together with the following specific standards constitute the standards for certification of crownvetch.

2. The general standards are amplified as follows to apply specifically to crownvetch seed:

   (1) Section C. Classes and sources of certified seed.

   1. When a variety is grown outside its designated region of adaptation, certification shall be limited to one generation from foundation seed or registered seed. The seed produced shall be the certified class.

   2. When a variety is grown within its designated region of adaptation, certification shall be limited to three generations of increase from breeder seed. The three generations shall be: (a) foundation, (b) registered, and (c) certified.

3. The region of adaptation of crownvetch varieties shall be that recommended by the plant breeders and approved by the Agricultural Research Service, U.S.D.A., or similar research in Canada.

Section 113.2. Land requirements.

1. Breeder seed for the production of foundation seed shall be planted on land on which no crownvetch was grown or planted previously. During the year immediately prior to seeding, the land shall have been in a cultivated crop or fallow and the land shall be free from volunteer plants as determined by field inspection during the season in which the seeding is established. No manure or other contaminating amendments shall be applied during established and productive life of the stand.

2. Foundation seed for the production of registered seed shall be planted on land on which no crownvetch was grown or planted previously. During the year immediately prior to seeding, the land shall have been in a cultivated crop or fallow and the land shall be free from volunteer plants as determined by field inspection during the season in which the seeding is established. No manure or other contaminating amendments shall be applied during established and productive life of the stand.

3. Registered seed for the production of certified seed shall be planted on land on which no other variety or strain of crownvetch has been grown or planted during the five years prior to the one in which the present stand was planted. During the year immediately prior to seeding, the land shall have been in a cultivated crop or fallow and the land must be free from volunteer plants as determined by field inspection during the season in which the seeding is established. No manure or other contaminating amendments shall be applied during established and productive life of the stand.

Section 113.3. Field inspection.

At least one field inspection shall be made for each seed crop that is to be certified, preferably at blossom time.

Section 113.4. Field standards.

1. General.

   1. Unit of certification. A portion of a field may be certified if the area to be certified is clearly defined.

   2. Isolation. All fields used for the production of foundation, registered, or certified seed must be isolated from other strains of the same species or fields of the same variety not meeting varietal purity requirements for certification in accordance with the distances listed below:

       

      Class	Fields of less than 5 acres	Fields of 5 acres or more
      Foundation	80 rods	80 rods
      Registered	40 rods	20 rods
      Certified.	20 rods	10 rods
      Between different seed classes of the same variety	10 rods	10 rods

   3. Seed fields outside region of adaptation. Certification of seed fields outside the region of adaptation of a variety shall be limited to stands not exceeding six years of age.

2. Specific requirements.

              Maximum permitted in each class

1 Other varieties shall be considered to include offtype plants and plants that can be differentiated from the variety that is being inspected.

2 Noxious weeds whose seeds are inseparable are dodder (Cuscuta spp.), and bedstraw (Gallium aparine, Gallium mollugo and Gallium verum.)

1 Bracted plantain (Plantago aristata); buckhorn pantain (Plantago lanceolata); docks; curly (Rumex crispus); bitter (R. obtusifolius); green (R. conglomeratus); smooth (R. altissimus); wild carrot (Daucus carota); sorrel (Rumex acetosella). Crownvetch seed shall be free of seeds of the following weeds: Bedstraw (Galium supp.), bindweed (Convolvulus arvensis), Canada thistle (Cirsium arvense), dodder (Cuscuta spp.), dogbane (Apocynum cannabinum), horsenettle (Solanum carolinense) leafy spurge (Euphorbia esula), pennycress (Thlaspi arvense), perennial sow thistle (Sonchus arvensis), Russian knapweed (Centaurea repens), white top (Lepidium draba, Hymenophysa pubescens), and quackgrass (Agropyron repens).

PART 114. HYBRID SUMMER SQUASH SEED CERTIFICATION STANDARDS

Section 114.1. Application and amplification of general certification standards.

1. The general seed certification standards are basic and together with the following specific standards constitute the standards for the certification of hybrid summer squash.

2. Section 96.3 of the general standards is modified as follows: only the certified class of seed is recognized.

3. A commercial hybrid to be certified must be produced from seed stock approved by the College of Agriculture Seed Committee.

4. A closed pedigree hybrid may be certified provided the producer submits an affidavit with his application designating the hybrid. Pedigrees of these hybrids may be coded.

5. The producer, at the time the seed production field is planted, must also in a separate nursery area plant sufficient row length without thinning of the plants to produce at least 100 plants of each parent, as well as the commercial hybrid seed if the latter is available.

Section 114.2. Land requirements.

A crop for the production of certified seed shall not be planted on land where squash, cucumbers, melons, pumpkins or other cucurbit crops were grown the previous year. The grower should be further cautioned of the risks involved if his fields are bordered by woods, ditch banks or fence rows that sustain species of plants known to be reservoir hosts of cucurbit viruses.

Section 114.3. Field inspection.

1. An inspector of the certifying agency shall make at least four field inspections of which at least three shall be during the debudding period. The final inspection shall be made after the crop is windrowed and removal of diseased or undesirable fruit has been completed. All inspections, except the last inspection, shall be made without previous notice to the grower. The grower shall notify the certification office at least five days prior to the first debudding of the field and five days prior to anticipated seed harvest date, but after the growers final rogueing of his windrowed fruit.

2. The inspector on each inspection shall inspect at least 10 rows at random, and no less than 100 plants or fruit per row, to determine the condition of the field.

Section 114.4. Field standards.

1. General.

   1. Unit of certification. The unit of certification shall be a field. Parts of a field shall not be eligible for certification.

   2. Isolation requirement. A specific commercial hybrid to be inspected for certification must be so located that it is not less than one mile away from any other varieties of any species in bloom at the same time as the seed field. This requirement shall not apply to small garden areas with less than 50 plants providing such garden areas are not within 1,000 feet of the seed production field.

   3. Pollinating insect requirement. In order to insure adequate cross pollination there shall be at least two colonies of bees per acre preferably located in or immediately adjacent to the field boundary. In no case shall the bees be located more than 1,000 feet from a boundary of the field.

2. Specific requirements.

   1. Offtype plants.

      1. Plant spacing to permit inspection of the crop for offtype plants. The total crop must be thinned to single plants with the pollen parent spaced no closer than six inches between plants and the seed parent spaced no closer than 15 inches between plants.

      2. Pollen parent. On any one inspection there shall not be more than four offtype plants per acre of pollen parent. (Approximately one offtype in 5,000 plants.)

      3. Seed parent. On any one inspection there shall not be more than three offtype plants per acre of seed parent. (Approximately one offtype in 2,000 plants.)

         Note:In determining the number of offtype plants for this purpose, only those shall be counted on which the male flowers are in bloom, or have bloomed during the seed parent debudding period.

   2. Debudding. On any one inspection during the debudding period, there shall not be more than an average of two male flowers which have bloomed per 100 seed parent plants. The total male flowers for three or more inspections shall not exceed 85 per cent of the number of inspections times the maximum tolerance for one inspection.

   3. Virus. On any one inspection prior to the final inspection the total number of plants infected with squash mosaic and/or other seed-borne viruses shall not exceed 0.01 per cent, nor shall the total number of plants infected by viruses other than those known to be seed-borne exceed 1.0 per cent. On the final fruit inspection the total of all virus infected fruit shall be none. Any fruit found showing evidence of virus infection shall be removed and destroyed in the presence of the inspector.

PART 115. SOYBEAN BEAN SEED CERTIFICATION STANDARDS

Section 115.1. Application and amplification of general certification standards.

The general seed certification standards, as adopted by the Association of Official Seed Certifying Agencies, are basic and together with the following specific standards constitute the standards for certification of soybean seed.

Section 115.2. Land requirements.

The crop shall not be grown on land on which soybeans were grown the previous year unless that crop was grown from certified seed of the same variety.

Section 115.3. Field inspection.

At least one field inspection, preferably after the leaves have dropped, shall be made by an inspector of the certifying agency.

Section 115.4. Field standards.

1. General.

   1. Unit of certification. The unit of certification shall be a field, but a portion of the field may be approved for certification, provided the remainder is harvested separately and the seed is eliminated from certification. A field boundary shall be a strip of ground not in soybeans and at least five feet in width.

2. Specific requirements.

                           Maximum permitted in each class

1 Other varieties shall be considered to include offtype plants and plants

1 Offcolored beans due to environmental factors shall not be considered other varieties. Other distinguishable varieties shall be considered to include offtype seeds that can be differentiated from the variety that is being analyzed.

2 Total weed seed shall not exceed 10 per pound.

3 Objectionable weeds shall include all New York State noxious weed seeds and giant foxtail (Sateria faberii), weeds considered as objectionable are quackgrass (Agrophron repens), charlock (wild mustard), (Brassica kaber), and other wild brassica species; Canada thistle (Cirsium arvense), corn cockle (Agrostemma githago), dodder (Cuscuta spp.), bindweed and wild morning glory (Convolvulus spp.), horsenettle (Solanum carolinense), wild onion (Allium spp.), wild radish (Raphanus raphanistrum), Russian knapweed (Centaurea repens), bedstraw (Galium spp.), and leafy spurge (Euphorbia esula).

PART 116. ALFALFA SEED CERTIFICATION STANDARDS

Section 116.1. Application and amplification of general certification standards.

1. The general seed certification standards, as adopted by the Association of Official Seed Certifying Agencies, are basic and together with the following specific standards constitute the standards for the certification of alfalfa seed.

2. The general standards are amplified as follows to apply specifically to alfalfa seed: Section

96.3 classes and sources of certified seed.

1. The region of adaptation for seed production of a given variety shall be that recommended by the originating plant breeder and, in the United States, meeting the requirements of the National Certified Alfalfa Variety Review Board.

2. When a variety is grown within its designated region of adaptation, certification shall be limited to a maximum of three generations.

3. When a variety is grown outside its designated region of adaptation, certification shall be limited to one generation

Section 116.2. Land requirements.

1. Breeder seed for the production of foundation seed shall be planted on land on which no alfalfa was grown or planted during the four years prior to the one in which the present stand was planted. The land must be free from volunteer plants as determined by field inspection during the season in which the seeding is established. As an additional precaution, no manure or other contaminating amendments shall be applied during the establishment and productive period of the stand.

2. Foundation seed for the production of registered seed shall be planted on land on which no alfalfa was grown or planted during the three years prior to the one in which the present stand was planted. The land must be free from volunteer plants as determined by field inspection during the season in which the seeding is established. As an additional precaution, no manure or other contaminating amendments shall be applied during the establishment and productive period of the stand.

3. Registered seed for the production of certified seed shall be planted on land on which no alfalfa was grown or planted during the year prior to the one in which the present stand was planted. The land must be free from volunteer plants as determined by field inspection during the season in which the seeding is established. As an additional precaution, no manure or other contaminating amendments shall be applied during the establishment and productive period of the stand.

Section 116.3. Field inspection.

1. A seedling inspection will be made by an authorized field man during the first season of planting.

2. At least one field inspection will be made each year certification is requested.

3. Seed from fields on which no inspection has been made will not be eligible to tag as certified seed.

Section 116.4. Field standards.

1. General.

   1. Unit of certification. A portion of a field may be certified if the area to be certified is clearly defined. Portions of a field not meeting requirements for certification must not be allowed to reach the seed stage.

   2. Isolation. A field producing foundation, registered or certified seed must have the minimum isolation distance from fields of any other variety or fields of the same variety that do not meet the varietal purity requirements for certification, as given in the following table:

       

      Class	Fields of less than five acres	Fields of five acres or more
      Foundation	80 rods	80 rods
      Registered	40 rods	20 rods
      Certified	20 rods	10 rods
      Between different seed classes of same variety except the certified class of nonhardy southwest varieties 10 rods 10 rods	10 rods	10 rods

   3. Volunteer plants. Volunteer plants shall be cause for rejection or reclassification of a seed field.

   4. Seed fields outside region of adaptation. Certification of seed fields outside regions of adaptation of a variety shall be limited to stands not exceeding six years of age.

2. Specific requirements.

Maximum permitted in each class:

1 Other varieties shall be considered to include offtype plants and plants that can be differentiated from the variety that is being inspected.

1 Noxious weed seeds shall include the following: bindweed (Convolvulus arvensis), Quackgrass (Agropyron repens), Canada Thistle (Cersium arvense), bedstraw (Galium spp.), dodder (Cuscuta spp.), horsenettle (Solanum carolinense), wild onion (Agrostemma githago), and Russian knapweed (Centaurea repens).

2 Objectionable weed seeds shall include the following: dogbane (Apocynum cannabinum), Johnson grass (Sorghum halepense), leafy spurge (Euphorbia esula), perennial sow thistle (Sonchus arvensis), and white top (Lepidium draba, L. repens, Hymenaphysa pubescens).

3 Sweet clover seed shall not exceed nine per pound for foundation seed; 90 per pound for registered seed; and 180 per pound for certified seed.

PART 117. DEERTONGUE SEED CERTIFICATION STANDARDS

Section 117.1. Application and amplification of general certification standards.

1. The general seed certification standards are basic and together with the following specific standards constitute the standards for the certification of deertongue seed.

2. Section 96.1 of Part 96 of this Subchapter is amplified as follows to apply specifically to deertongue seed:

   1. Production of seed outside of the area of adaptation will be limited to stands not exceeding seven years of age, including the seeding year.

   2. The area of adaptation is considered to be those areas of the United States and Canada, north of 36° latitude and east of 98° longitude.

Section 117.2. Land requirements.

1. To be eligible for the production of foundation seed, a field must not have grown or been seeded to the same species during the previous five years.

2. To be eligible for the production of certified seed a field must not have grown or been seeded to another strain or variety of deertongue during the previous three years, except with foundation or certified seed of the same variety.

3. No manure or other contaminating amendments shall be applied during the established and productive life of the stand.

Section 117.3. Field inspection.

A field inspection shall be made as the crop approaches maximum heading each year that a seed crop is produced.

Section 117.4. Field standards.

1. Unit of certification. A seed field shall be considered the unit of certification. A strip of ground at least five feet in width and which is mowed, uncropped or planted to some crop other than the deertongue shall constitute a field boundary.

2. Isolation. To be eligible for the production of foundation or certified seed, a seed field shall be isolated from any other strain or strains of the same crop in accordance with the requirements given in the following table:Minimum isolation distance required:

Section 117.5. Classification of seed.

Classes of seed shall be limited to breeder, foundation and certified seed, as defined in the general certification standards, section 96.4 of this Subchapter.

Section 117.6. Seed standards.

Representative samples of seed shall meet the following general standards:

PART 118. FLATPEA SEED CERTIFICATION STANDARDS

Section 118.1. Application and amplification of general certification standards.

1. The general seed certification standards are basic and together with the following specific standards constitute the standards for the certification of flatpea seed.

2. Section 96.1 of Part 96 of this Subchapter is amplified as follows to apply specifically to flatpea seed:

   1. Production of seed outside the area of adaptation shall be limited to six seed crops from a given field.

   2. Inside the area of adaptation there shall be no time limit.

3) The area of adaptation is considered to be those areas of the United States and Canada, north of 36° latitude.

Section 118.2. Land requirements.

1. To be eligible for the production of foundation seed a field must not have grown or been seeded to the same species during the previous five years.

2. To be eligible for the production of certified seed, a field must not have grown or been seeded to another strain or variety of flatpea during the previous three years, except with foundation or certified seed of the same variety.

3. No manure or other contaminating amendments shall be applied during the established and productive life of the stand.

Section 118.3. Field inspection.

A field inspection will be made at the time that off-types, related species and varietal admixtures can most readily be detected.

Section 118.4. Field standards.

1. Unit of certification. A seed field shall be considered the unit of certification. A strip of ground at least five feet in width and which is mowed, uncropped or planted to some crop other than flatpea shall constitute a field boundary.

2. Isolation. To be eligible for the production of foundation or certified seed, a seed field shall be isolated from other strains of Lathyrus sylvestris L. or other species of Lathyris or Vicia in accordance with requirements given in the following table:

Minimum isolation distance required:

Section 118.5. Classification of seed.

Classes of seed shall be limited to breeder, foundation and certified seed, as defined in the general certification standards, section 96.4 of this subchapter.

Section 118.6. Seed standards.

Representative samples of seed shall meet the following general standards: