cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
113 rows where part_number = 201 and title_number = 7 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 7:7:3.1.1.7.29.0.320.1 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.1 Meaning of words. | AMS | [5 FR 28, Jan. 4, 1940] | Words in the regulations in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. | |||||
| 7:7:3.1.1.7.29.0.320.2 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.2 Terms defined. | AMS | [5 FR 28, Jan. 4, 1940] | When used in the regulations in this part the terms as defined in section 101 of the Act, unless modified in this section as provided in the Act, shall apply with equal force and effect. In addition, as used in this part: (a) The Act. The term “Act” means the Federal Seed Act approved August 9, 1939 (53 Stat. 1275; 7 U.S.C. 1551-1611 as amended); (b) Person. The term “person” includes an individual partnership, corporation, company, society, association, receiver, trustee, or agent; (c) Secretary. The term “Secretary” means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead; (d) Hearing Clerk. The term “Hearing Clerk” means the Hearing Clerk, United States Department of Agriculture, Washington, DC; (e) Respondent. The term “respondent” means a person against whom a complaint is issued; (f) Examiner. The term “examiner” means an employee of the Department of Agriculture, designated by the Secretary to conduct hearings under the Act, and this part; (g) Federal Register. The term “ Federal Register ” means the publication provided by the Act of July 26, 1935 (49 Stat. 500), and acts supplementary thereto and amendatory thereof; (h) Agricultural seeds. The term “agricultural seeds” means the following kinds of grass, forage, and field crop seeds, that are used for seeding purposes in the United States: Agrotricum— × Agrotriticum Cif. & Giacom. Alfalfa— Medicago sativa L. subsp. sativa Alfilaria— Erodium cicutarium (L.) L'Hér. Alyceclover— Alysicarpus vaginalis (L.) DC. Bahiagrass— Paspalum notatum Flüggé Barley— Hordeum vulgare L. subsp. vulgare Barrelclover— Medicago truncatula Gaertn. Bean, adzuki— Vigna angularis (Willd.) Ohwi & H. Ohashi var. angularis Bean, field— Phaseolus vulgaris L. var. vulgaris Bean, mung— Vigna radiata (L.) R. Wilczek var. radiata Beet, field— Beta vulga… | |||||
| 7:7:3.1.1.7.29.0.321.3 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.3 Administrator. | AMS | [85 FR 40579, July 7, 2020] | The Administrator of the Agricultural Marketing Service may perform such duties as the Secretary requires in enforcing the provisions of the Act and of the regulations in this part. | |||||
| 7:7:3.1.1.7.29.0.322.4 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.4 Maintenance and accessibility. | AMS | [24 FR 3951, May 15, 1959, as amended at 32 FR 12778, Sept. 6, 1967; 85 FR 40579, July 7, 2020] | (a) Each person transporting or delivering for transportation in interstate commerce agricultural or vegetable seed subject to the Act shall keep for a period of 3 years a complete record of each lot of such seed so transported or delivered, including a sample representing each lot of such seed, except that any seed sample may be discarded 1 year after the entire lot represented by such sample has been disposed of by such person. (b) Each sample of agricultural seed retained shall be at least the weight required for a noxious-weed seed examination as set forth in § 201.46 and each sample of vegetable seed retained shall consist of at least 400 seeds. The record shall be kept in such manner as to permit comparison with the records required to be kept by other persons for the same lot of seed so that the origin, treatment (including, but not limited to, coating, film coating, encrusting, or pelleting), germination, and purity (including variety) of agricultural seed and the treatment (including, but not limited to, coating, film coating, encrusting, or pelleting), germination and variety of vegetable seed may be traced from the grower to the ultimate consumer and so that the lot of seed may be correctly labeled. The record shall be accessible for inspection by the authorized agents of the Secretary for purposes of the effective administration of the Act at any time during customary business hours. | |||||
| 7:7:3.1.1.7.29.0.322.5 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.5 Origin. | AMS | [5 FR 30, Jan. 4, 1940, as amended at 20 FR 7929, Oct. 21, 1955] | (a) The complete record for any lot of seed of alfalfa, red clover, white clover, or field corn, except hybrid seed corn, shall include a declaration of origin, or information traceable to a declaration of origin or evidence showing that a declaration of origin could not be obtained. (b) Each country shipper shall retain a copy of each declaration which he issues and shall attach thereto a detailed record showing the names and addresses of growers or country shippers from whom the seed was purchased, the quantity of seed purchased from each, and the date on which it was delivered to him. | |||||
| 7:7:3.1.1.7.29.0.322.6 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.6 Germination. | AMS | [5 FR 30, Jan. 4, 1940] | The complete record shall include the records of all laboratory tests for germination and hard seed for each lot of seed offered for transportation in whole or in part. The record shall show the kind of seed, lot number, date of test, percentage of germination and hard seeds, and such other information as may be necessary to show the method used. | |||||
| 7:7:3.1.1.7.29.0.322.7 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.7 Purity (including variety). | AMS | [5 FR 30, Jan. 4, 1940, as amended at 20 FR 7929, Oct. 21, 1955; 24 FR 3951, May 15, 1959; 85 FR 40579, July 7, 2020] | The complete record for any lot of seed shall include (a) records of tests, including statements of weed seeds, noxious weed seeds, inert matter, other agricultural seeds, and of any determinations of kind, variety, or type and a description of the methods used; and (b) for seeds indistinguishable by seed characteristics, records necessary to disclose the kind, variety, or type, including a grower's declaration of kind, variety, or type or an invoice, or other document establishing the kind, variety, or type to be that stated, and a representative sample of the seed. The grower's declaration shall be obtained and kept by the person procuring the seed from the grower. A copy of the grower's declaration and a sample of the seed shall be retained by the grower. | |||||
| 7:7:3.1.1.7.29.0.322.8 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.7a Treated seed. | AMS | [32 FR 12778, Sept. 6, 1967] | The complete record for any lot consisting of or containing treated seed shall include records necessary to disclose the name of any substance or substances used in the treatment of such seed, including a label or invoice or other document received from any person establishing the name of any substance or substances used in the treatment to be as stated, and a representative sample of the treated seed. | |||||
| 7:7:3.1.1.7.29.0.323.10 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.9 Kind. | AMS | [5 FR 30, Jan. 4, 1940] | The name of each kind of seed present in excess of 5 percent shall be shown on the label and need not be accompanied by the word “kind.” When two or more kinds of seed are named on the label, the name of each kind shall be accompanied by the percentage of each. When only one kind of seed is present in excess of 5 percent and no variety name or type designation is shown, the percentage of that kind may be shown as “pure seed” and such percentage shall apply only to seed of the kind named. | |||||
| 7:7:3.1.1.7.29.0.323.11 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.10 Variety. | AMS | [32 FR 12778, Sept. 6, 1967, and 33 FR 10840, July 31, 1968, as amended at 35 FR 6108, Apr. 15, 1970; 59 FR 64491, Dec. 14, 1994; 85 FR 40579, July 7, 2020] | (a) The following kinds of agricultural seeds are generally labeled as to variety and shall be labeled to show the variety name or the words “Variety Not Stated.” Alfalfa; Bahiagrass; Barley; Bean, field; Beet, field; Brome, smooth; Broomcorn; Clover, crimson; Clover, red; Clover, white; Corn, field; Corn, pop; Cotton; Cowpea; Crambe; Fescue, tall; Flax; Lespedeza, striate; Millet, foxtail; Millet, pearl; Oat; Pea, field; Peanut; Radish; Rice; Rye; Safflower; Sorghum; Sorghum-sudangrass, Soybean; Sudangrass; Sunflower; Tobacco; Trefoil, birdsfoot; Triticale; Wheat, common; Wheat, durum. Alfalfa; Bahiagrass; Barley; Bean, field; Beet, field; Brome, smooth; Broomcorn; Clover, crimson; Clover, red; Clover, white; Corn, field; Corn, pop; Cotton; Cowpea; Crambe; Fescue, tall; Flax; Lespedeza, striate; Millet, foxtail; Millet, pearl; Oat; Pea, field; Peanut; Radish; Rice; Rye; Safflower; Sorghum; Sorghum-sudangrass, Soybean; Sudangrass; Sunflower; Tobacco; Trefoil, birdsfoot; Triticale; Wheat, common; Wheat, durum. (b) If the name of the variety is given, the name may be associated with the name of the kind with or without the words “kind and variety.” The percentage in such case, which may be shown as “pure seed,” shall apply only to seed of the variety named, except for the labeling of hybrids as provided in § 201.11a. If separate percentages for the kind and the variety or hybrid are shown, the name of the kind and the name of the variety or the term “hybrid” shall be clearly associated with the respective percentages. When two or more varieties are present in excess of 5 percent and are named on the label, the name of each variety shall be accompanied by the percentage of each. | |||||
| 7:7:3.1.1.7.29.0.323.12 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.11 Type. | AMS | [5 FR 30, Jan. 4, 1940] | (a) When type is designated, such designation may be associated with the name of the kind but shall in all cases be clearly associated with the word “type.” The percentage, which may be shown as “pure seed”, shall apply only to the type designated. If separate percentages for the kind and the type are shown, such percentages shall be clearly associated with the name of the kind and the name of the type. (b) If the type designation does not include a variety name, it shall include a name descriptive of a group of varieties of similar character and the pure seed shall be at least 90 percent of one or more varieties all of which conform to the type designation. (c) If the name of a variety is used as a part of the type designation, the seed shall be of that variety and may contain: (1) An admixture of seed of other indistinguishable varieties of the same kind and of similar character; or, (2) an admixture of indistinguishable seeds having genetic characteristics dissimilar to the variety named by reason of cross-fertilization with other varieties. In either case, at least 90 percent of the pure seed shall be of the variety named or upon growth shall produce plants having characteristics similar to the variety named. | |||||
| 7:7:3.1.1.7.29.0.323.13 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.11a Hybrid. | AMS | [33 FR 10840, July 31, 1968] | If any one kind or kind and variety of seed present in excess of 5 percent is “hybrid” seed, it shall be designated “hybrid” on the label. The percentage that is hybrid shall be at least 95 percent of the percentage of pure seed shown unless the percentage of pure seed which is hybrid seed is shown separately. If two or more kinds or varieties are present in excess of 5 percent and are named on the label, each that is hybrid shall be designated as hybrid on the label. Any one kind or kind and variety that has pure seed which is less than 95 percent but more than 75 percent hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to show (a) the percentage of pure seed that is hybrid seed or (b) a statement such as “Contains from 75 percent to 95 percent hybrid seed.” No one kind or variety of seed shall be labeled as hybrid if the pure seed contains less than 75 percent hybrid seed. | |||||
| 7:7:3.1.1.7.29.0.323.14 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.12 Name of kind and variety. | AMS | [20 FR 7929, Oct. 21, 1955] | The representation of kind or kind and variety shall be confined to the name of the kind or kind and variety determined in accordance with § 201.34. The name shall not have affixed thereto words or terms that create a misleading impression as to the history or characteristics of the kind or variety. | |||||
| 7:7:3.1.1.7.29.0.323.15 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.12a Seed mixtures. | AMS | [85 FR 40579, July 7, 2020] | Seed mixtures intended for seeding/planting purposes shall be designated as a mixture on the label and each seed component shall be listed on the label in the order of predominance. | |||||
| 7:7:3.1.1.7.29.0.323.16 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.13 Lot number or other identification. | AMS | [5 FR 30, Jan. 4, 1940, as amended at 59 FR 64491, Dec. 14, 1994] | The lot number or other identification shall be shown on the label and shall be the same as that used in the records pertaining to the same lot of seed. | |||||
| 7:7:3.1.1.7.29.0.323.17 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.14 Origin. | AMS | [5 FR 31, Jan. 4, 1940, as amended at 20 FR 7929, Oct. 21, 1955; 32 FR 12779, Sept. 6, 1967] | (a) Alfalfa, red clover, white clover, and field corn (except hybrid seed corn) shall be labeled to show: (1) The origin, if known; or (2) if the origin is not known, the statement “origin unknown.” (b) Whenever such seed originates in more than one State, the name of each State and the percentage of seed originating in each State shall be given in the order of its predominance. Whenever such seed originates in a portion of a State, it shall be permissible to label such seed as originating in such portion of a State. (c) Reasonable precautions to insure that the origin of seed is known shall include the maintaining of a record as described in § 201.5. The examination of the seed and any pertinent facts may be taken into consideration in determining whether reasonable precautions have been taken to insure the origin to be that which is represented. | |||||
| 7:7:3.1.1.7.29.0.323.18 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.15 Weed seeds. | AMS | [5 FR 31, Jan. 4, 1940] | The percentage of weed seeds shall include seeds of plants considered weeds in the State into which the seed is offered for transportation or transported and shall include noxious weed seeds. | |||||
| 7:7:3.1.1.7.29.0.323.19 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.16 Noxious-weed seeds. | AMS | [65 FR 1706, Jan. 11, 2000, as amended at 76 FR 31794, June 2, 2011] | (a) Except for those kinds of noxious-weed seeds shown in paragraph (b) of this section, the names of the kinds of noxious-weed seeds and the rate of occurrence of each shall be expressed in the label in accordance with, and the rate of occurrence shall not exceed the rate permitted by, the law and regulations of the State into which the seed is offered for transportation or is transported. If in the course of such transportation, or thereafter, the seed is diverted to another State of destination, the person or persons responsible for such diversion shall cause the seed to be relabeled with respect to the noxious-weed seed content, if necessary to conform to the laws and regulations of the State into which the seed is diverted. (b) Seeds or bulblets of the following plants shall be considered noxious-weed seeds in agricultural and vegetable seeds transported or delivered for transportation in interstate commerce (including Puerto Rico, Guam, and the District of Columbia). Agricultural or vegetable seed containing seeds or bulblets of these kinds shall not be transported or delivered for transportation in interstate commerce. Noxious-weed seeds include the following species on which no tolerance will be applied: Aeginetia spp. Ageratina adenophora (Spreng.) King and H.E. Robins. Alectra spp. Alternanthera sessilis (L.) DC. Asphodelus fistulosus L. Avena sterilis L. (including Avena ludoviciana Dur.) Azolla pinnata R. Br. Carthamus oxyacantha M. Bieb Cenchrus caudatus (Schrad.) Kuntze Cenchrus clandestinus Morrone Cenchrus pedicellatus (Trin.) Morrone Cenchrus polystachios (L.) Morrone Chrysopogon aciculatus (Retz.) Trin. Commelina benghalensis L. Crupina vulgaris Cass. Digitaria abyssinica Stapf. (= D. scalarum (Schweinf.) Chiov.) Digitaria scalarum (Schweinfurth) Chiovenda Dinebra chinensis (L.) P. M. Peterson & N. Snow Drymaria arenarioides Roem. and Schult. Eichornia azurea (Sw.) Kunth Galega officinalis L. Heracleum mante… | |||||
| 7:7:3.1.1.7.29.0.323.20 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.17 Noxious-weed seeds in the District of Columbia. | AMS | [65 FR 1707, Jan. 11, 2000, as amended at 85 FR 40579, July 7, 2020] | (a) Noxious-weed seeds in the District of Columbia are: Quackgrass ( Elymus repens ), Canada thistle ( Cirsium arvense ), field bindweed ( Convolvulus arvensis ), bermudagrass ( Cynodon dactylon ), giant bermudagrass ( Cynodon dactylon var. aridus ), annual bluegrass ( Poa annua ), and wild garlic or wild onion ( Allium canadense or Allium vineale ). The name and number per pound of each kind of such noxious-weed seeds present shall be stated on the label. (b) [Reserved] | |||||
| 7:7:3.1.1.7.29.0.323.21 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.18 Other agricultural seeds. | AMS | [85 FR 40579, July 7, 2020] | Agricultural seeds other than those included in the percentage or percentages of kind, variety, or type may be expressed as “other crop seeds,” but the percentage shall include collectively all kinds, varieties, or types not named upon the label. | |||||
| 7:7:3.1.1.7.29.0.323.22 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.19 Inert matter. | AMS | [5 FR 31, Jan. 4, 1940] | The label shall show the percentage by weight of inert matter. | |||||
| 7:7:3.1.1.7.29.0.323.23 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.20 Germination | AMS | [85 FR 40579, July 7, 2020] | The label shall show the percentage of germination for each kind, kind and variety, kind and type, or kind and hybrid of agricultural seed comprising more than 5 percent of the whole. The label shall show the percentage of germination for each kind, kind and variety, kind and type, or kind and hybrid of agricultural seed comprising 5 percent of the whole or less if the seed is identified individually on the label. | |||||
| 7:7:3.1.1.7.29.0.323.24 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.21 Hard seed or dormant seed. | AMS | [85 FR 40579, July 7, 2020] | The label shall show the percentage of hard seed or dormant seed, as defined in § 201.57 or § 201.57a, if any is present. The percentages of hard seed and dormant seed shall not be included as part of the germination percentage. | |||||
| 7:7:3.1.1.7.29.0.323.25 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.22 Date of test. | AMS | [5 FR 31, Jan. 4, 1940, as amended at 32 FR 12779, Sept. 6, 1967; 49 FR 1172, Jan. 10, 1984; 59 FR 64491, Dec. 14, 1994] | (a) The label shall show the month and year in which the germination test was completed. No more than 5 calendar months shall have elapsed between the last day of the month in which the germination test was completed and the date of transportation or delivery for transportation in interstate commerce, except for seed in hermetically sealed containers as provided in § 201.36c in which case no more than 24 calendar months shall have elapsed between the last day of the month in which the germination test was completed prior to packaging and the date of transportation or delivery for transportation in interstate commerce. (b) In the case of a seed mixture, it is only necessary to state the calendar month and year of such test for the kind or variety or type of agricultural seed contained in such mixture which has the oldest calendar month and year test date among the test conducted on all the kinds or varieties or types of agricultural seed contained in such mixture. (c) The following kinds shall be tested within the indicated time before interstate shipment: | |||||
| 7:7:3.1.1.7.29.0.323.26 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.23 Seller and buyer information. | AMS | [85 FR 40579, July 7, 2020] | Consumer packages or containers of agricultural seed for interstate shipment must be labeled as follows: (a) The full name and address of the interstate shipper or a code designation identifying the interstate shipper, pursuant to § 201.24, must be printed on the label. (b) If pursuant to paragraph (a) only a code is used to identify the interstate shipper, the full name and address of the consignee must appear on the label. (c) For purposes of this section and § 201.24, the term shipper means the seller or consignor who puts the seed into interstate commerce, and the term consignee means the buyer or recipient of the seed shipment. | |||||
| 7:7:3.1.1.7.29.0.323.27 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.24 Code designation. | AMS | [85 FR 40580, July 7, 2020] | The code designation used in lieu of the full name and address of the interstate shipper pursuant to § 201.23(a) shall be approved by the Administrator of the Agricultural Marketing Service (AMS) or such other person designated by the Administrator for the purpose. When used, the AMS code designation shall appear on the label in a clear and legible manner, along with the full name and address of the consignee. | |||||
| 7:7:3.1.1.7.29.0.323.28 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.24a Inoculated seed. | AMS | [32 FR 12779, Sept. 6, 1967] | Seed claimed to be inoculated shall be labeled to show the month and year beyond which the inoculant on the seed is no longer claimed to be effective by a statement such as, “Inoculant not claimed to be effective after____(Month and year).” | |||||
| 7:7:3.1.1.7.29.0.323.9 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.8 Contents of the label. | AMS | [5 FR 30 Jan. 4, 1940, as amended at 24 FR 3952, May 15, 1959; 85 FR 40579, July 7, 2020] | The label shall contain the required information in any form that is clearly legible and complies with the regulations in this part. The information may be on a tag attached securely to the container, or may be printed in a conspicuous manner on a side or the top of the container. The label may contain information in addition to that required by the Act, provided such information is not misleading. | |||||
| 7:7:3.1.1.7.29.0.324.29 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.25 Contents of the label. | AMS | [5 FR 31, Jan. 4, 1940, as amended at 85 FR 40580, July 7, 2020] | Vegetable seed in packets and in larger containers shall be labeled with the required information in any form that is clearly legible. Any tag used shall be securely attached to the container. The label may contain information in addition to that required by the Act, provided such information is not misleading. | |||||
| 7:7:3.1.1.7.29.0.324.30 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.26 Kind, variety, and hybrid. | AMS | [33 FR 10841, July 31, 1968, as amended at 59 FR 64491, Dec. 14, 1994] | The label shall bear the name of each kind and variety present as determined in accordance with § 201.34. The name shall not have affixed thereto words or terms that create a misleading impression as to the history or characteristics of kind or variety. If two or more kinds or varieties are present, the percentage of each shall be shown. If any one kind or variety named on the label is “hybrid” seed, it shall be so designated on the label. If two or more kinds or varieties are named on the label, each that is hybrid shall be shown as “hybrid” on the label. Any kind or variety that is less than 95 percent but more than 75 percent hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to show (a) the percentage that is hybrid seed or (b) a statement such as “Contains from 75 percent to 95 percent hybrid seed.” No one kind or variety of seed shall be labeled as hybrid if it contains less than 75 percent hybrid seed. | |||||
| 7:7:3.1.1.7.29.0.324.31 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.26a Vegetable seed mixtures. | AMS | [85 FR 40580, July 7, 2020] | Vegetable seed mixtures for seeding/planting purposes shall be designated as a mixture on the label, and each seed component shall be listed on the label in the order of predominance. | |||||
| 7:7:3.1.1.7.29.0.324.32 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.27 Seller and buyer information. | AMS | [85 FR 40580, July 7, 2020] | Consumer packages or containers of vegetable seed for interstate shipment must be labeled as follows: (a) The full name and address of the interstate shipper or a code designation identifying the interstate shipper, pursuant to § 201.28, must be printed on the label. (b) If pursuant to paragraph (a) only a code is used to identify the interstate shipper, the full name and address of the consignee must appear on the label. (c) For purposes of this section and § 201.28, the term shipper means the seller or consignor who puts the seed into interstate commerce, and the term consignee means the buyer or recipient of the seed shipment. | |||||
| 7:7:3.1.1.7.29.0.324.33 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.28 Code designation. | AMS | [85 FR 40580, July 7, 2020] | The code designation used in lieu of the full name and address of the interstate shipper pursuant to § 201.27(a) shall be approved by the Administrator of the Agricultural Marketing Service (AMS) or such other person designated by the Administrator for the purpose. When used, the AMS code designation shall appear on the label in a clear and legible manner, along with the full name and address of the consignee. | |||||
| 7:7:3.1.1.7.29.0.324.34 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.29 Germination of vegetable seed in containers of 1 pound or less. | AMS | [85 FR 40580, July 7, 2020] | Vegetable seeds in containers of 1 pound or less which have a germination percentage equal to or better than the standard set forth in § 201.31 need not be labeled to show the percentage of germination and date of test. Each variety of vegetable seed which has a germination percentage less than the standard set forth in § 201.31 shall have the words “Below Standard” clearly shown in a conspicuous place on the label or on the face of the container in type no smaller than 8 points. Each variety which germinates less than the standard shall also be labeled to show the percentage of germination and the percentage of hard seed (if any). | |||||
| 7:7:3.1.1.7.29.0.324.35 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.29a Germination of vegetable seed in containers of more than 1 pound. | AMS | [32 FR 12779, Sept. 6, 1967] | Each variety of vegetable seeds in containers of more than 1 pound shall be labeled to show the percentage of germination and the percentage of hard seed (if any). | |||||
| 7:7:3.1.1.7.29.0.324.36 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.30 Hard seed. | AMS | [32 FR 12779, Sept. 6, 1967] | The label shall show the percentage of hard seed, if any is present, for any seed required to be labeled as to the percentage of germination, and the percentage of hard seed shall not be included as part of the germination percentage. | |||||
| 7:7:3.1.1.7.29.0.324.37 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.30a Date of test. | AMS | [32 FR 12779, Sept. 6, 1967] | When the percentage of germination is required to be shown, the label shall show the month and year in which the germination test was completed. No more than 5 calendar months shall have elapsed between the last day of the month in which the germination test was completed and the date of transportation or delivery for transportation in interstate commerce, except for seed in hermetically sealed containers in which case no more than 24 calendar months shall have elapsed between the last day of the month in which the germination test was completed prior to packaging and the date of transportation or delivery for transportation in interstate commerce. | |||||
| 7:7:3.1.1.7.29.0.324.38 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.30b Lot number or other lot identification of vegetable seed in containers of more than 1 pound. | AMS | [35 FR 6108, Apr. 15, 1970] | The lot number or other lot identification of vegetable seed in containers of more than 1 pound shall be shown on the label and shall be the same as that used in the records pertaining to the same lot of seed. | |||||
| 7:7:3.1.1.7.29.0.324.39 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.30c Noxious-weed seeds of vegetable seed in containers of more than 1 pound. | AMS | [85 FR 40580, July 7, 2020] | Except for those kinds of noxious-weed seeds shown in § 201.16(b), the names of kinds of noxious-weed seeds and the rate of occurrence of each shall be expressed in the label in accordance with, and the rate shall not exceed the rate permitted by, the law and regulations of the State into which the seed is offered for transportation or is transported. If in the course of such transportation, or thereafter, the seed is diverted to another State of destination, the person or persons responsible for such diversion shall cause the seed to be relabeled with respect to noxious-weed seed content, if necessary, to conform to the laws and regulations of the State into which the seed is diverted. | |||||
| 7:7:3.1.1.7.29.0.324.40 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.31 Minimum germination standards for vegetable seeds in interstate commerce. | AMS | [59 FR 64491, Dec. 14, 1994, as amended at 85 FR 40580, July 7, 2020] | The following minimum germination standards for vegetable seeds in interstate commerce, which shall be construed to include hard seed, are determined and established under section 403(c) of the Act: | |||||
| 7:7:3.1.1.7.29.0.325.41 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.31a Labeling treated seed. | AMS | [24 FR 3953, May 15, 1959, as amended at 25 FR 8769, Sept. 13, 1960; 30 FR 7888, June 18, 1965; 76 FR 31794, June 2, 2011; 85 FR 40580, July 7, 2020] | (a) Contents of label. Any agricultural seed or any mixture thereof or any vegetable seed or any mixture thereof, for seeding purposes, that has been treated shall be labeled in type no smaller than 8 point to indicate that the seed has been treated and to show the name of any substance or a description of any process (other than application of a substance) used in such treatment, in accordance with this section; for example, Treated with __________ (name of substance or process) or __________ (name of substance or process) treated. Treated with __________ (name of substance or process) or __________ (name of substance or process) treated. If the substance used in such treatment in the amount remaining with the seed is harmful to humans or other vertebrate animals, the seed shall also bear a label containing additional statements as required by paragraphs (c) and (d) of this section. The label shall contain the required information in any form that is clearly legible and complies with the regulations in this part. The information may be on the tag bearing the analysis information or on a separate tag, or it may be printed in a conspicuous manner on a side or top of the container. (b) Name of substance or active ingredient. The name of any active ingredient substance as required by paragraph (a) of this section shall be the commonly accepted coined, chemical (generic), or abbreviated chemical name. The label shall include either the name of the genus and species or the brand name as identified on biological product labels. Commonly accepted coined names are free for general use by the public, are not private trademarks, and are commonly recognized as names of particular substances, such as thiram, captan, lindane, and dichlone. Examples of commonly accepted chemical (generic) names are blue-stone, calcium carbonate, cuprous oxide, zinc hydroxide, hexachlorobenzene, and ethyl mercury acetate. The terms “mercury” or “mercurial” may be used in labeling all types of mercurials. Examples of commonly accepted ab… | |||||
| 7:7:3.1.1.7.29.0.325.42 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.32 Screenings. | AMS | [5 FR 31, Jan. 4, 1940] | Screenings shipped in interstate commerce, if in containers, shall be labeled in a legible manner with letters not smaller than 18 point type and, if in bulk, shall be invoiced with the words, “Screenings for processing—not for seeding.” | |||||
| 7:7:3.1.1.7.29.0.325.43 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.33 Seed in bulk or large quantities; seed for cleaning or processing. | AMS | [24 FR 3953, May 15, 1959, as amended at 85 FR 40580, July 7, 2020] | (a) In the case of seed in bulk, the information required under sections 201(a), (b), and (i) of the Act shall appear in the invoice or other records accompanying and pertaining to such seed. If the seed is in containers and in quantities of 20,000 pounds or more, regardless of the number of lots included, the information required on each container under sections 201 (a), (b), and (i) of the Act need not be shown on each container; Provided, That: (1) The omission from each container of a label with the required information is with the knowledge and consent of the consignee prior to the transportation or delivery for transportation of such seed in interstate commerce; (2) each container has stenciled upon it or bears a label containing a lot designation; and (3) the invoice or other records accompanying and pertaining to such seed bear the various statements required for the respective seeds. (b) Seed consigned to a seed cleaning or processing establishment, for cleaning or processing for seeding purposes, need not be labeled to show the information required on each container under sections 201 (a), (b), and (i) of the Act if it is in bulk, or in containers and in quantities of 20,000 pounds or more regardless of the number of lots involved, and the invoice or other records accompanying and pertaining to such seed show that it is “Seed for processing,” or, if the seed is in containers and in quantities less than 20,000 pounds and each container bears a label with the words “Seed for processing.” If any such seed is later to be labeled as to origin and/or variety, the origin and/or variety as the case may be, shall be shown on the invoice if the seed is in bulk, otherwise, on a label, at the time of transportation to such establishment, except that if it is covered by a declaration of origin and/or variety it will be sufficient if the lot designation appearing in the declaration is placed on the invoice if the seed is in bulk, or on a label if the seed is in containers, regardless of the quantity. | |||||
| 7:7:3.1.1.7.29.0.325.44 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.34 Kind, variety, and type; treatment substances; designation as hybrid. | AMS | [20 FR 7928, Oct. 21, 1955] | (a) Indistinguishable seed and treatment substances. Reasonable precautions to insure that the kind, variety, or type of indistinguishable agricultural or vegetable seeds and names of any treatment substance are properly stated shall include the maintaining of the records described in § 201.7 or § 201.7a. The examination of the seed and any pertinent facts may be taken into consideration in determining whether reasonable precautions have been taken to insure the kind, variety, or type of seed or any treatment substance on the seed is that which is shown. Reasonable precautions in labeling ryegrass seed as to kind shall include making or obtaining the results of a fluorescence test unless (1) the shortness of the time interval between receipt of the seed lot and the shipment of the seed in interstate commerce, or (2) dormancy of the seeds in the lot, or (3) other circumstances beyond the control of the shipper prevent such action before the shipment is made. Reasonable precautions in labeling ryegrass seed as to kind shall also include keeping separate each lot labeled on the basis of a separate grower's declaration, invoice, or other documents. (b) Name of kind. The name of each kind of agricultural or vegetable seed is the name listed in § 201.2 (h) or (i), respectively, except that a name which has become synonymous through broad general usage may be substituted therefor, provided the name does not apply to more than one kind and is not misleading. (c) Hybrid designation. Seed shall not be designated in labeling as “hybrid” seed unless it comes within the definition of “hybrid” in § 201.2(y). (d) Name of variety. The name of each variety of agricultural or vegetable seed is the name determined in accordance with the following considerations: (1) The variety name shall represent a subdivision of a kind, which is characterized by growth, plant, fruit, seed, or other characters by which it can be differentiated from other sorts of the same kind. (2) Except as otherwise provided in this section, the na… | |||||
| 7:7:3.1.1.7.29.0.325.45 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.35 Blank spaces. | AMS | [5 FR 32, Jan. 4, 1940] | Blank spaces on the label shall be deemed to imply the word “None,” when such interpretation is reasonable. | |||||
| 7:7:3.1.1.7.29.0.325.46 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.36 The words “free” and “none.” | AMS | [5 FR 32, Jan. 4, 1940] | The words “free” and “none” shall be construed to mean that none were found in a test complying with the methods set forth in §§ 201.45-201.52. | |||||
| 7:7:3.1.1.7.29.0.326.47 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.36a Disclaimers and nonwarranties. | AMS | [15 FR 2394, Apr. 28, 1950] | A disclaimer, nonwarranty, or limited warranty used in any invoice or other labeling, or advertisement shall not directly or indirectly deny or modify any information required by the act or the regulations in this part. | |||||
| 7:7:3.1.1.7.29.0.327.48 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.36b Name of kind and variety; designation as hybrid. | AMS | [21 FR 4652, June 27, 1956, as amended at 32 FR 12780, Sept. 6, 1967; 59 FR 64491, Dec. 14, 1994; 85 FR 40580, July 7, 2020] | (a) The representation of the name of a kind or kind and variety of seed in any advertisement subject to the Act shall be confined to the name of the kind or kind and variety determined in accordance with § 201.34. The name shall not have associated therewith words or terms that create a misleading impression as to the history or characteristics of the kind or kind and variety. Descriptive terms and firm names may be used in kind or variety names provided the descriptive terms or firm names are a part of the name or variety of seed; for example, Stringless Green Pod, Detroit Dark Red, Black Seeded Simpson and Henderson Bush Lima. Seed shall not be designated as hybrid seed in any advertisement subject to the Act unless it comes within the definition of “hybrid” in § 201.2(y). (b) Terms descriptive as to color, shape, size, habit of growth, disease-resistance, or other characteristics of the kind or variety may be associated with the name of the kind or variety provided it is done in a manner which clearly indicates the descriptive term is not a part of the name of the kind or variety; for example, Oshkosh pepper (yellow), Copenhagen Market (round head) cabbage, and Kentucky Wonder (pole) garden bean. (c) Terms descriptive of quality or origin and terms descriptive of the basis for representations made may be associated with the name of the kind or variety: Provided, That the terms are clearly identified as being other than part of the name of the kind or variety; for example, Fancy quality redtop, Idaho origin alfalfa, and Grower's affidavit of variety Atlas sorghum. (d) Terms descriptive of the manner or method of production or processing the seed (for example, certified, registered, delinted, scarified, treated, and hulled), may be associated with the name of the kind or variety of seed, providing such terms are not misleading. (e) Brand names and terms taken from trademarks may be associated with the name of the kind or variety of seed as an indication of source: Provided, That the terms are clearly id… | |||||
| 7:7:3.1.1.7.29.0.327.49 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.36c Hermetically-sealed containers. | AMS | [32 FR 12780, Sept. 6, 1967, as amended at 59 FR 64491, Dec. 14, 1994] | The 5-month limitation on the date of test in §§ 201.22 and 201.30a shall not apply when the following conditions have been met: (a) The seed was packaged within 9 months after harvest; (b) The container used does not allow water vapor penetration through any wall, including the seals, greater than 0.05 grams of water per 24 hours per 100 square inches of surface at 100 °F. with a relative humidity on one side of 90 percent and on the other side of 0 percent. Water vapor penetration or WVP is measured by the standards of the U.S. Bureau of Standards as: gm.H 2 O / 24 hr. / 100 sq. in. / 100 °F. / 90% RH V.0% RH; (c) The seed in the container does not exceed the percentage of moisture, on a wet weight basis, as listed below: (d) The container is conspicuously labeled in not less than 8 point type to indicate (1) that the container is hermetically sealed, (2) that the seed has been preconditioned as to moisture content, and (3) the calendar month and year in which the germination test was completed. (e) The percentage of germination of vegetable seed at the time of packaging was equal to or above the standards in § 201.31. | |||||
| 7:7:3.1.1.7.29.0.328.50 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.37 Authorization. | AMS | [15 FR 2394, Apr. 28, 1950, as amended at 59 FR 64492, Dec. 14, 1994; 85 FR 40580, July 7, 2020] | When authorized by the Administrator of the Agriculture Marketing Service, or by such other person as may be designated for the purpose, Federal employees and qualified State officials, for the purposes of the Act, may draw samples of, secure information and inspect records pertaining to, and otherwise inspect seeds and screenings subject to the Act. | |||||
| 7:7:3.1.1.7.29.0.328.51 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.38 [Reserved] | AMS | |||||||
| 7:7:3.1.1.7.29.0.329.52 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.39 General procedure. | AMS | [5 FR 32, Jan. 4, 1940, as amended at 10 FR 9950, Aug. 11, 1945; 25 FR 8769, Sept. 13, 1960; 26 FR 10035, Oct. 26, 1961; 85 FR 40580, July 7, 2020] | (a) In order to secure a representative sample, equal portions shall be taken from evenly distributed parts of the quantity of seed or screenings to be sampled. Access shall be had to all parts of that quantity. When more than one trierful of seed is drawn from a bag, different paths shall be followed. When more than one handful is taken from a bag, the handfuls shall be taken from well-separated points. (b) For free-flowing seed in bags or bulk, a probe or trier shall be used. For small free-flowing seed in bags a probe or trier long enough to sample all portions of the bag should be used. (c) Non-free-flowing seed, such as certain grass seed, uncleaned seed, or screenings, difficult to sample with a probe or trier, shall be sampled by thrusting the hand into the bulk and withdrawing representative portions. The hand is inserted in an open position and the fingers are held closely together while the hand is being inserted and the portion withdrawn. (d) As the seed or screenings are sampled, each portion shall be examined. If there appears to be a lack of uniformity, the portions shall not be combined into a composite sample but shall be retained as separate samples or combined to form individual-container samples to determine such lack of uniformity as may exist. (e) When the portions appear to be uniform, they shall be combined to form a composite sample. | |||||
| 7:7:3.1.1.7.29.0.329.53 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.40 Bulk. | AMS | [5 FR 32, Jan. 4, 1940, as amended at 26 FR 10035, Oct. 26, 1961] | Bulk seeds or screenings shall be sampled by inserting a long probe or thrusting the hand into the bulk as circumstances require in at least seven uniformly distributed parts of the quantity being sampled. At least as many trierfuls or handfuls shall be taken as the minimum which would be required for the same quantity of seed or screenings in bags of a size customarily used for such seed or screenings. | |||||
| 7:7:3.1.1.7.29.0.329.54 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.41 Bags. | AMS | [5 FR 32, Jan. 4, 1940, as amended at 26 FR 10035, Oct. 26, 1961; 76 FR 31794, June 2, 2011] | (a) For lots of six bags or fewer, each bag shall be sampled. A total of at least five trierfuls shall be taken. (b) For lots of more than six bags, five bags plus at least 10 percent of the number of bags in the lot shall be sampled. (Round off numbers with decimals to the nearest whole number, raising 0.5 to the next whole number.) Regardless of the lot size it is not necessary that more than 30 bags be sampled. (c) Samples shall be drawn from unopened bags except under circumstances where the identity of the seed has been preserved. | |||||
| 7:7:3.1.1.7.29.0.329.55 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.42 Small containers. | AMS | [30 FR 7888, June 18, 1965] | In sampling seed in small containers that it is not practical to sample as required in § 201.41, a portion of one unopened container or one or more entire unopened containers may be taken to supply a minimum size sample, as required in § 201.43. | |||||
| 7:7:3.1.1.7.29.0.329.56 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.43 Size of sample. | AMS | [10 FR 9950, Aug. 11, 1945, as amended at 15 FR 2394, Apr. 28, 1950; 59 FR 64492, Dec. 14, 1994] | The following are minimum sizes of samples of agricultural seed, vegetable seed and screenings to be submitted for analysis, test, or examination: (a) Two ounces (57 grams) of grass seed not otherwise mentioned, white or alsike clover, or seeds not larger than these. (b) Five ounces (142 grams) of red or crimson clover, alfalfa, lespedeza, ryegrass, bromegrass, millet, flax, rape, or seeds of similar size. (c) One pound (454 grams) of sudangrass, proso millet, hemp, or seeds of similar size. (d) Two pounds (907 grams) of cereals, sorghum, vetch, or seeds of similar or larger size. (e) Two quarts (2.2 liters) of screenings. (f) Vegetable seed samples shall consist of at least 400 seeds. (g) Coated seed for a purity analysis shall consist of at least 7,500 seed units. Coated seed for noxious-weed seed examination shall consist of at least 30,000 seed units. Coated seed for germination test only shall consist of at least 1,000 seed units. | |||||
| 7:7:3.1.1.7.29.0.329.57 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.44 Forwarding samples. | AMS | [59 FR 64492, Dec. 14, 1994] | Before being forwarded for analysis, test, or examination, the containers of samples shall be properly sealed and identified in such manner as may be prescribed by AMS. Samples of coated seed shall be forwarded in firmly packed crush-proof and moisture-proof containers. | |||||
| 7:7:3.1.1.7.29.0.330.58 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.45 Obtaining the working sample. | AMS | [5 FR 32, Jan. 4, 1940, as amended at 20 FR 7929, Oct. 21, 1955; 25 FR 8769, Sept. 13, 1960; 59 FR 64492, Dec. 14, 1994] | (a) The working sample on which the actual analysis is made shall be taken from the submitted sample in such a manner that it will be representative. (b) The sample shall be repeatedly divided to the weight to be used for the working sample. Some form of efficient mechanical divider should be used. To avoid damaging large seeds and coated seeds, a divider should be used which will prevent the seeds from falling great distances onto hard surfaces. In case the proper mechanical divider cannot be used or is not available, the sample shall be thoroughly mixed and placed in a pile and the pile shall be repeatedly divided into halves until a sample of the desired weight remains. | |||||
| 7:7:3.1.1.7.29.0.330.59 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.46 Weight of working sample. | AMS | [25 FR 8769, Sept. 13, 1960, as amended at 30 FR 7888, June 18, 1965; 32 FR 12780, Sept. 6, 1967; 35 FR 6108, Apr. 15, 1970; 41 FR 20156, May 17, 1976; 46 FR 53635, Oct. 29, 1981; 59 FR 64492, Dec. 14, 1994; 65 FR 1707, Jan. 11, 2000; 85 FR 40580, July 7, 2020] | (a) Unmixed seed. The working samples for purity analysis and noxiousweed seed examination of unmixed seed shall be at least the weights set forth in table 1. (b) Mixtures consisting of one predominant kind of seed or groups of kinds of similar size. The weights of the purity and noxious-weed seed working samples in this category shall be determined by the kind or group of kinds which comprise more than 50 percent of the sample. (c) Mixtures consisting of two or more kinds or groups of kinds of different sizes, none of which comprise over 50 percent of the sample. The weights of the purity working samples in this category shall be the weighted averages (to the nearest half gram) of the weights listed in table 1 for each of the kinds which comprise the sample determined by the following method: (1) Multiply the percentage of each component in the mixture (rounded off to the nearest whole number) by the sample sizes specified in column 2, table 1, (2) add all these products, (3) total the percentages of all components of the mixtures, and (4) divide the sum in paragraph (c)(2) of this section by the total in paragraph (c)(3) of this section. If the approximate percentage of the components of a mixture are not known they may be estimated. The weight of the noxious-weed seed working sample shall be determined by multiplying the weight of the purity working sample by 10 or by calculating the weighted average in the same manner described above for the purity working sample. (d) Coated seed. (1) Unmixed coated seed. Due to variation in the weight of coating materials, the size or weight of the working sample shall be determined separately for each lot. The weight of the working sample shall be determined by weighing 100 completely coated units and calculating the weight of 2,500 coated units for the purity analysis and 25,000 coated units for the noxious-weed seed examination. (2) Mixtures of coated seed. The working weight shall be determined in the following manner: (i) Calculate the weight of the working sa… | |||||
| 7:7:3.1.1.7.29.0.330.60 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.47 Separation. | AMS | [25 FR 8770, Sept. 13, 1960, as amended at 30 FR 7890, June 18, 1965; 46 FR 53635, Oct. 29, 1981; 59 FR 64497, Dec. 14, 1994; 65 FR 1707, Jan. 11, 2000] | (a) The working sample shall be weighed in grams to four significant figures and shall then be separated into four parts: (1) Kind or variety to be considered pure seed, (2) other crop seed, (3) weed seed, and (4) inert matter. The components shall be weighed in grams to the same number of decimal places as the working sample. The percentage of each part shall be determined to two decimal places. (b) Aids for the classification of pure seed, other crop seed, weed seed, and inert matter may include visual examination, use of transmitted light (diaphanoscope), or specific gravity (seed blowers). Specific instructions for classification of the various components are given in §§ 201.47a to 201.51, inclusive. (c) The components shall be weighed and percentages calculated as follows: (1) For sample sizes less than 25 grams, all four components shall be weighed; the percentages shall be based on the sum of these weights and not on the original weight. The sum of these weights shall be compared with the original weight of the working sample as a check against the loss of material, or other errors. (2) For sample sizes of 25 grams or more, the components—other crop seed, weed seed, and inert matter—shall be weighed separately and their percentages determined by dividing these weights by the original weight of the working sample. The pure seed need not be weighed; its percentage may be determined by subtracting the sum of the percentages of the other three components from 100. (3) When rounding off the calculated percentages of each component to the second decimal place, round down if the third decimal place is 4 or less and round up if the third decimal place is 5 or more, except that if any component is determined to be present in any amount calculated to be less than 0.015 percent, then that component shall be reported as 0.01 percent. If any component is not found in the purity analysis, then that component shall be reported as 0.00 percent. (4) The total percentage of all components shall be 100.00 percent. If t… | |||||
| 7:7:3.1.1.7.29.0.330.61 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.47a Seed unit. | AMS | [46 FR 53636, Oct. 29, 1981, as amended at 59 FR 64497, Dec. 14, 1994; 65 FR 1707, Jan. 11, 2000; 85 FR 40581, July 7, 2020] | The seed unit is the structure usually regarded as a seed in planting practices and in commercial channels. The seed unit may consist of one or more of the following structures: (a) True seeds; (b) For the grass family: (1) Caryopses and single florets; (2) Multiple florets and spikelets in tall oatgrass (Arrhenatherum elatius), oat (Avena spp.), gramas (Bouteloua spp.), rhodesgrass (Chloris gayana), barley (Hordeum vulgare), and bluegrass (Poa spp.); (3) Entire spikelets in bahiagrass, bentgrasses, dallisgrass, guineagrass, browntop millet, foxtail millet, proso millet, panicgrasses, redtop, rice, switchgrass, and vaseygrass. Entire spikelets which may have attached rachis segments, pedicels, and sterile spikelets in big bluestem, little bluestem, sand bluestem, yellow bluestem, bottlebrush-squirreltail, broomcorn, yellow indiangrass, johnsongrass, sorghum, sorghum- sudangrass, sorghum almum, sorgrass, and sudangrass; (4) Spikelet groups: (i) Spikelet groups that disarticulate as a unit in galletagrass; (ii) Spikelet groups that disarticulate as units with attached rachis and internodes in bluestems, side-oats grama, and yellow indiangrass; (5) Fascicles of buffelgrass (Cenchrus ciliaris) consisting of bristles and spikelets; (6) Burs of buffalograss (Bouteloua dactyloides); (7) Bulblets of bulbous bluegrass (Poa bulbosa); (8) Multiple units as defined in § 201.51a(b)(1). (c) Dry indehiscent fruits in the following plant families: Buckwheat (Polygonaceae), sunflower (Asteraceae), geranium (Geraniaceae), goosefoot (Chenopodiaceae), and valerian (Valerianaceae); (d) One- and two-seeded pods of small-seeded legumes (Fabaceae), burs of the burclovers (Medicago arabica, M. polymorpha), and pods of peanuts (Arachis hypogaea). (This does not preclude the shelling of small-seeded legumes for purposes of identification.) Pods of legumes normally containing more than two seeds, when occurring incidentally in the working sample, should be hulled if the kind is hulled when marketed; (e) Fruits or half fruits … | |||||
| 7:7:3.1.1.7.29.0.330.62 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.47b Working samples. | AMS | [20 FR 7930, Oct. 21, 1955] | The purity working sample is the sample on which the purity analysis is made. The noxious-weed seed working sample is the sample on which the noxious-weed seed examination is made. | |||||
| 7:7:3.1.1.7.29.0.330.63 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.48 Kind or variety considered pure seed. | AMS | [46 FR 53636, Oct. 29, 1981, as amended at 59 FR 64497, Dec. 14, 1994; 76 FR 31794, June 2, 2011; 85 FR 40581, July 7, 2020] | The pure seed shall include all seeds of each kind or each kind and variety under consideration present in excess of 5 percent by weight of the whole. Seeds of kinds or kinds and varieties present to the extent of 5 percent or less of the whole may be considered pure seed if shown on the label as components of a mixture in amounts of 5 percent or less. The following shall be included with the pure seed: (a) Immature or shriveled seeds and seeds that are cracked or injured. For seeds of legumes (Fabaceae) and crucifers (Brassicaceae) with the seed coats entirely removed refer to § 201.51(a)(1); (b) Pieces of seeds which are larger than one-half of the original size. For separated cotyledons of legume seeds refer to § 201.51(a)(2); (c) Insect-damaged seeds, provided that the damage is entirely internal, or that the opening in the seed coat is not sufficiently large so as to allow the size of the remaining mass of tissue to be readily determined. Weevil-infested vetch seeds, irrespective of the amount of insect damage, are to be considered pure seed, unless they are broken pieces one-half or less than the original size. For classification of broken pieces of seed units one-half or less than the original size, refer to § 201.51(a)(2). Refer to § 201.51(a)(3) for chalcid-damaged seeds; (d) Seeds that have started to germinate; (e) Seeds of the cucurbit family (Cucurbitaceae) and the nightshade family (Solanaceae) whether they are filled or empty; (f) Intact fruits, whether or not they contain seed, of species belonging to the following families: Sunflower (Asteraceae), buckwheat (Polygonaceae), carrot (Apiaceae), valerian (Valerianaceae), mint (Laminaceae) and other families in which the seed unit may be a dry, indehiscent one-seeded fruit. For visibly empty fruits, refer to inert matter, § 201.51(a)(6); (g) Seed units of the grass family listed in § 201.47a(b) (1) through (5) if a caryopsis with some degree of endosperm development can be detected in the units, either by slight pressure or by examination over … | |||||
| 7:7:3.1.1.7.29.0.330.64 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.49 Other crop seed. | AMS | [59 FR 64498, Dec. 14, 1994; 60 FR 2493, Jan. 10, 1995] | (a) Seeds of plants grown as crops (other than the kind(s) and variety(ies) included in the pure seed) shall be considered other crop seeds, unless recognized as weed seeds by applicable laws, or regulations, or by general usage. All interpretations and definitions for “pure seed” in § 201.48 shall also apply in determining whether seeds are “other crop seed” or “inert matter” with the following two exceptions which may be applied as acceptable alternatives: (1) Uniform Blowing Procedure in § 201.51a(a) for kinds listed in § 201.47(e) may be disregarded. If disregarded, all seed units (as defined in § 201.47a) for these kinds found in the working sample shall be manually separated into pure seed and inert matter. Only units containing at least one caryopsis with some degree of endosperm development which can be detected either by slight pressure or by examination over light are considered other crop seed. (2) Multiple Unit Procedure in § 201.51a(b) for kinds listed in § 201.48(g)(3) may be disregarded. If disregarded, all multiple units and single units (as defined in § 201.51a(b)) for these kinds found in the working sample shall be manually separated into single florets. Each floret containing a caryopsis with some degree of endosperm development, which can be detected either by slight pressure or examination over light, is considered other crop seed. Empty florets and glumes, if present, are considered inert matter. Refer to § 201.51(a)(4). (b) [Reserved] | |||||
| 7:7:3.1.1.7.29.0.330.65 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.50 Weed seed. | AMS | [46 FR 53636, Oct. 29, 1981, as amended at 59 FR 64498, Dec. 14, 1994; 65 FR 1707, Jan. 11, 2000] | Seeds (including bulblets or tubers) of plants shall be considered weed seeds when recognized as weed seeds by the law or rules and regulations of the State into which the seed is offered for transportation or transported; or by the law or rules and regulations of Puerto Rico, Guam, or District of Columbia into which transported, or District of Columbia in which sold; or found by the Secretary of Agriculture to be detrimental to the agricultural interests of the United States, or any part thereof. Damaged weed seeds and immature seedlike structures, as described in § 201.51(b), shall be considered inert matter. Weed seeds, as defined above in this section, requiring further separation into weed seed and inert matter components are as follows: (a) The individual seeds are to be removed from fruiting structures such as pods and heads. The seeds are classified as weed seed and the remaining fruiting structures classified as inert matter. (b) Wild onion and wild garlic ( Allium spp.) bulblets that have any part of the husk remaining and are not damaged at the basal end are considered weed seeds regardless of size. Bulblets that are completely devoid of husk, and are not damaged at the basal end, and are retained by a 1/13 -inch (1.9 mm) round-hole sieve are considered weed seeds. For wild onion and wild garlic ( Allium spp.) bulblets classed as inert matter, refer to § 201.51(b)(5). | |||||
| 7:7:3.1.1.7.29.0.330.66 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.51 Inert matter. | AMS | [46 FR 53637, Oct. 29, 1981; 46 FR 58059, Nov. 30, 1981, as amended at 59 FR 64498, Dec. 14, 1994; 65 FR 1707, Jan. 11, 2000; 76 FR 31794, June 2, 2011; 85 FR 40581, July 7, 2020] | Inert matter shall include seeds and seed-like structures from both crop and weed plants and other material not seeds as follows: (a) Seeds and seed-like structures from crop plants: (1) Seeds of legumes (Fabaceae) and brassica (Brassicaceae) with the seed coats entirely removed. Refer to § 210.48(a) for pure seed classification. (2) Pieces of broken and damaged seed units, including those that are insect damaged, which are one-half the original size or less. If greater than one-half, refer to § 201.48(b) and (c) for pure seed classification. Also included as inert matter are separated cotyledons of legumes, irrespective of whether or not the radicle-plumule axis and/or more than one-half of the seed coat may be attached. (3) Chalcid-damaged seeds (puffy, soft, or dry and crumbly) of alfalfa, red clover, crimson clover, and similar kinds of small seeded legumes. Refer to § 201.48(c) for pure seed classification. (4) Glumes and empty florets except as stated under pure seed. Refer to § 201.48 (g) and (h) for pure seed classification. (5) Seed units with nematode galls or fungal bodies (smut, ergot, and other sclerotia) that are not entirely enclosed within the seed unit. Refer to § 201.48(h) for pure seed classification. (6) Broken seed units of Chenopodiaceae and fruit portions or fragments of monogerm beets, New Zealand spinach, buffalograss, and families in which the seed unit is a dry indehiscent one-seeded fruit that visibly do not contain a seed. Refer to § 201.48 (f), (g)(1), (i), and (j) for pure seed classification. (7) Seed units of forage kochia that pass through a 1 mm opening, square-hole sieve, when shaken for 30 seconds. (8) The thin pericarp (fruit wall), if present on seeds of northern sweetvetch. (9) Immature florets of smooth brome, fairway crested wheatgrass, standard crested wheatgrass, tall wheatgrass, intermediate wheatgrass, pubescent wheatgrass, western wheatgrass, fescues ( Festuca spp.), and ryegrasses ( Lolium spp.) in which the caryopses are less than one-third the length o… | |||||
| 7:7:3.1.1.7.29.0.330.67 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.51a Special procedures for purity analysis. | AMS | [59 FR 64498, Dec. 14, 1994, as amended at 85 FR 40581, July 7, 2020] | (a) The laboratory analyst shall use the Uniform Blowing Procedure described in this paragraph to separate pure seed and inert matter in the following: Kentucky bluegrass, Canada bluegrass, rough bluegrass, Pensacola variety of bahiagrass, orchardgrass, blue grama, and side-oats grama. (1) Separation of mixtures. Separate seed kinds listed in this section from other kinds in mixtures before using the Uniform Blowing Procedure. (2) Calibration samples. Obtain calibration samples and instructions, which are available on loan through the Seed Regulatory and Testing Division, S&T, AMS, 801 Summit Crossing Place, Suite C, Gastonia, North Carolina 28054. (3) Blowing point. Use the calibration samples to establish a blowing point prior to proceeding with the separation of pure seed and inert matter for these kinds. (i) Refer to the specifications on the calibration samples for Kentucky bluegrass, orchardgrass, and Pensacola variety of bahiagrass to determine their appropriate blowing points for the Uniform Blowing Procedure. (ii) Use the calibration sample for Kentucky bluegrass to determine the blowing points for Canada bluegrass, rough bluegrass, blue grama, and side-oats grama. (A) The blowing point for Canada bluegrass shall be the same as the blowing point determined for Kentucky bluegrass. (B) The blowing point for rough bluegrass shall be a factor of 0.82 (82 percent) of the blowing point determined for Kentucky bluegrass. The 0.82 factor is restricted to the General-type seed blower. (C) The blowing point for blue grama shall be a factor of 1.157 of the blowing point determined for Kentucky bluegrass. Before blowing, extraneous material that will interfere with the blowing process shall be removed. The sample to be blown shall be divided into four approximately equal parts and each blown separately. The 1.157 factor is restricted to the General-type seed blower. (D) The blowing point for side-oats grama shall be a factor of 1.480 of the blowing point determined for Kentucky bluegrass. Before blowi… | |||||
| 7:7:3.1.1.7.29.0.330.68 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.51b Purity procedures for coated seed. | AMS | [59 FR 64499, Dec. 14, 1994] | (a) The working sample for coated seed is obtained as described in § 201.46(d) (1) and (2), and weighed in grams to four significant figures. (b) Any loose coating material shall be sieved, weighed, and included with the inert matter component. (c) Coating material is removed from the seed by washing with water or other solvents such as, but not limited to, dilute sodium hydroxide (NaOH). Use of fine mesh sieves is recommended for this procedure, and stirring or shaking the coated units may be necessary to obtain de-coated seed. (d) Spread de-coated seed on blotters or filter paper in a shallow container. Air dry overnight at room temperature. (e) Separation of component parts: (1) Kind or variety considered pure seed. (2) Other crop seed. (3) Inert matter. (4) Weed seed. (f) The de-coated seed shall be separated into four components in accordance with §§ 201.48 through 201.51. §§ 201.51a (a) and (b) shall not be followed. The weight of the coating material is determined by subtracting the sum of the weights of the other four components from the original weight of the working sample. The percentage of coating material shall be included with the inert matter percentage. Calculate percentages of all components based on the original weight of the working sample (see paragraph (a) of this section). | |||||
| 7:7:3.1.1.7.29.0.330.69 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.52 Noxious-weed seeds. | AMS | [59 FR 64499, Dec. 14, 1994] | (a) The determination of the number of seeds, bulblets, or tubers of individual noxious weeds present per unit weight should be made on at least the minimum quantities listed in § 201.46 Table 1: Provided, That if the following indicated numbers of a single kind of seed, bulblet, or tuber are found in the pure seed analysis (or noxious-weed seed examination of a like amount) the occurrence of that kind in the remainder of the bulk examined for noxious-weed seeds need not be noted: 1/2 -gram purity working sample, 16 or more seeds; 1-gram purity working sample, 23 or more seeds; 2-gram purity working sample or larger, 30 or more seeds. The seeds per unit weight shall be based on the number of single seeds. The number of individual seeds shall be determined in burs of sandbur ( Cenchrus spp.) and cocklebur ( Xanthium spp.); in capsules of dodder ( Cuscuta spp.); in berries of groundcherry, horsenettle, and nightshade (Solanaceae); and in the fruits of other noxious weeds that contain more than one seed. Refer to §§ 201.50 and 201.51(b)(4) for the classification of weed seeds and inert matter, respectively. (b) A noxious-weed seed examination of coated seed samples shall be made by examining approximately 25,000 units obtained in accordance with § 201.46(d) and which have been de-coated by the method described in § 201.51b(c). | |||||
| 7:7:3.1.1.7.29.0.331.70 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.53 Source of seeds for germination. | AMS | [10 FR 9952, Aug. 11, 1945, as amended at 20 FR 7931, Oct. 21, 1955] | (a) When both purity and germination tests are required, seeds for germination shall be taken from the separation of the kind, variety, or type considered pure seed and shall be counted without discrimination as to size or appearance. (b) When only a germination test is required and the pure seed is estimated or determined to be at least 98 percent, the pure seed for the germination test may be taken indiscriminately from a representative portion of the bulk. (c) When only a germination test is required and the pure seed is found to be less than 98 percent, the seed for the test shall be obtained by separating the sample into two components as follows: (1) Pure seed and (2) other crop seed, weed seed, and inert matter. In making this separation at least 1/4 of the quantity required for a regular purity analysis shall be used. The whole sample must be well mixed and divided in such a manner as to get a completely representative subsample. | |||||
| 7:7:3.1.1.7.29.0.331.71 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.54 Number of seeds for germination. | AMS | [59 FR 64500, Dec. 14, 1994] | At least 400 seeds shall be tested for germination; except that in mixtures, 200 seeds of each of those kinds present to the extent of 15 percent or less may be used in lieu of 400, in which case an additional 2 percent is to be added to the regular germination tolerances. The seeds shall be tested in replicate tests of 100 seeds or less. | |||||
| 7:7:3.1.1.7.29.0.331.72 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.55 Retests. | AMS | [25 FR 8771, Sept. 13, 1960, as amended at 65 FR 1707, Jan. 11, 2000] | Retests shall be made as follows: (a) When the range of 100-seed replicates of a given test exceeds the maximum tolerated range in the table appearing in this section. Table of Maximum Tolerated Ranges Between 100-Seed Replicates for Use in Connection With § 201.55(A) (b) When at the time of the prescribed final count there are indications, such as presence of firm ungerminated seeds, that a satisfactory germination has not been obtained; (c) When there is evidence that the results may not be reliable due to improper test conditions, errors in seedling evaluation, the presence of fungi or bacteria, or inaccuracies in counting or recording results; (d) When a sample shows seedling injury or abnormality as a result of chemical treatment, of exposure to chemicals, or of toxicity from any source. (Retest shall be made in soil or a mixture of soil and sand); (e) When no two satisfactory tests are within tolerance. To find the maximum tolerated range, compute the average percentage of all 100 seed replicates of a given test, rounding off the result to the nearest whole number. The germination is found in the first two columns of the table. When the differences between highest and lowest replicates do not exceed the corresponding values found in the “4 replicates” column, no additional testing is required. However, if the differences exceed the values in the “4 replicates” column, retesting is necessary. | |||||
| 7:7:3.1.1.7.29.0.331.73 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.55a Moisture and aeration of substratum. | AMS | [20 FR 7931, Oct. 21, 1955] | (a) The substratum must be moist enough to supply the needed moisture to the seeds at all times. Excessive moisture which will restrict aeration of the seeds should be avoided. Except as provided for those kinds of seeds requiring high moisture levels of the germination media, the substrata should never be so wet that a film of water is formed around the seeds. For most kinds of seeds blotters or other paper substrata should not be so wet that by pressing, a film of water forms around the finger. (b) The following formula may be used as a guide in the preparation of sand for germination tests: (c) The amount of water provided by this formula is satisfactory for seeds the size of clovers and will have to be modified slightly, depending on the kind of seed being tested and the kind of sand used. For example, slightly more moisture should be added when the larger seeds are to be tested. (d) In preparing soil tests water should be added to the soil until it can be formed into a ball when squeezed in the palm of the hand but will break freely when pressed between two fingers. After the soil has been moistened it should be rubbed through a sieve and put in the seed containers without packing. (e) The addition of water subsequent to placing the seed in test will depend on the evaporation from the substrata in the germination chambers. Since the rate of evaporation will depend upon the relative humidity of the air, it is desirable to keep water in the germination chambers or to provide other means of supplying a relative humidity of approximately 95 percent. Germination tests should be observed at frequent intervals to insure an adequate moisture supply of the substrata at all times. | |||||
| 7:7:3.1.1.7.29.0.331.74 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.56 Interpretation. | AMS | [20 FR 7931, Oct. 21, 1955, as amended at 25 FR 8771, Sept. 13, 1960; 59 FR 64500, Dec. 14, 1994; 85 FR 40582, July 7, 2020] | (a) A seed shall be considered to have germinated when it has developed those essential structures which, for the kind of seed under consideration, are indicative of its ability to produce a normal plant under favorable conditions. In general, the following are considered to be essential structures necessary for the continued development of the seedling (although some structures may not be visible in all kinds at the time of seedling evaluation). Seedlings possessing these essential structures are referred to as normal seedlings: Root system (consisting of primary, secondary, seminal, or adventitious roots); hypocotyl; epicotyl; cotyledon(s); terminal bud; primary leaves; and coleoptile and mesocotyl (in the grass family). Abnormal seedlings consist of those with defects to these structures, as described in the abnormal seedling descriptions, and are judged to be incapable of continued growth. The seedling descriptions assume that test conditions were adequate to allow proper assessment of the essential seedling structures. (b) Sand and/or soil tests may be used as a guide in determining the classification of questionable seedlings and the evaluation of germination tests made on approved artificial media. This is intended to provide a method of checking the reliability of tests made on artificial substrata when there may be doubt as to the proper evaluation of such tests. (c) Seedlings infected with fungi or bacteria should be regarded as normal if all essential structures are present. A seedling that has been seriously damaged by bacteria or fungi from any source other than the specific seed should be regarded as normal if it is determined that all essential structures were present before the injury or damage occurred. Germination counts should be made on samples where contamination and decay are present at approximately 2-day intervals between the usual first count and the final count. During the progress of the germination test, seeds which are obviously dead and moldy and which may be a source of contaminat… | |||||
| 7:7:3.1.1.7.29.0.331.75 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.56-1 Goosefoot family, Chenopodiaceae, and Carpetweed family, Aizoaceae. | AMS | [59 FR 64500, Dec. 14, 1994] | Kinds of seed: Beet, Swiss chard, fourwing saltbush, spinach, New Zealand spinach, and forage kochia. (a) General description. (1) Germination habit: Epigeal dicot. (2) Food reserves: Leaf-like cotyledons and perisperm. (3) Shoot system: The hypocotyl elongates carrying the cotyledons above the soil surface. The epicotyl usually does not show any development within the test period. (4) Root system: A primary root; secondary roots may develop within the test period. (5) Seedling: Frequent counts should be made on multigerm beet since the growing seedlings will separate from the cluster making it difficult to identify the source. Any cluster which produces at least one normal seedling is classified as normal; only one normal seedling per cluster is to be counted (see § 201.56(d)). Toxic substances from the clusters of beet and Swiss chard may cause discoloring of the hypocotyl and/or root. Seedlings which are slightly discolored are to be classified as normal; however, if there is excessive discoloration, retest by the method in § 201.58(b)(3). (b) Abnormal seedling description. (1) Cotyledons: (i) Less than half of the original cotyledon tissue remaining attached. (ii) Less than half of the original cotyledon tissue free of necrosis or decay. (2) Epicotyl: (i) Missing. (May be assumed to be present if cotyledons are intact.) (ii) [Reserved] (3) Hypocotyl: (i) Deep open cracks extending into the conducting tissue. (ii) Malformed, such as markedly shortened, curled, or thickened. (iii) Watery. (4) Root: (i) None. (ii) Weak, stubby, or missing primary root with weak secondary or adventitious roots. (iii) For discolored roots of beet and Swiss chard, see § 201.58(b)(3). (5) Seedling: (i) One or more essential structures impaired as a result of decay from primary infection. (For discolored seedlings of beet and Swiss chard, see § 201.58(b)(3).) (ii) Albino. | |||||
| 7:7:3.1.1.7.29.0.331.76 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.56-2 Sunflower family, Asteraceae (Compositae). | AMS | [59 FR 64500, Dec. 14, 1994] | Kinds of seed: Artichoke, cardoon, chicory, dandelion, endive, great burdock, lettuce, safflower, salsify, Louisiana sagewort, and sunflower. (a) Lettuce. (1) General description. (i) Germination habit: Epigeal dicot. (ii) Food reserves: Cotyledons which expand and become thin, leaf-like, and photosynthetic. The cotyledons of some varieties develop elongated petioles. (iii) Shoot system: The hypocotyl elongates and carries the cotyledons above the soil surface. The epicotyl usually does not show any development within the test period. (iv) Root system: A long primary root. (v) Seedling: The interpretations of lettuce seedlings are made only at the end of the test period. (2) Abnormal seedling description. (i) Cotyledons: (A) Less than half of the original cotyledon tissue remaining attached. (B) Less than half of the original cotyledon tissue free of necrosis or decay. (Remove attached seed coat for evaluation of cotyledons. Physiological necrosis is manifested by discolored areas on the cotyledons and should not be confused with natural pigmentation of some lettuce varieties.) (ii) Epicotyl: (A) Missing. (May be assumed to be present if cotyledons are intact.) (B) Any degree of necrosis or decay. (iii) Hypocotyl: (A) Deep open cracks extending into the conducting tissue. (B) Severely twisted or grainy. (C) Watery. (iv) Root: (A) Stubby or missing primary root. (Secondary roots will not compensate for a defective primary root.) (B) Primary root tip blunt, swollen, or discolored. (Toxic materials in the substratum may cause short, blunt roots; see § 201.58(a)(9).) (C) Primary root with splits or lesions. (v) Seedling: (A) Swollen cotyledons associated with extremely short or vestigial hypocotyl and root. (B) One or more essential structures impaired as a result of decay from primary infection. (C) Albino. (b) Other kinds in the sunflower family: Artichoke, cardoon, chicory, dandelion, endive, great burdock, safflower, salsify, Louisiana sagewort, and sunflower. (1) General description. … | |||||
| 7:7:3.1.1.7.29.0.331.77 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.56-3 Mustard family, Brassicaceae (Cruciferae). | AMS | [59 FR 64501, Dec. 14, 1994] | Kinds of seed: Broccoli, brussels sprouts, cabbage, Chinese cabbage, cauliflower, collards, garden cress, upland cress, water cress, kale, Chinese kale, Siberian kale, kohlrabi, mustard, pakchoi, radish, rape, rutabaga, and turnip. (a) General description. (1) Germination habit: Epigeal dicot. (2) Food reserves: Cotyledons which expand and become thin, leaf-like and photosynthetic. In Brassica, Sinapis, and Raphanus, the cotyledons are bi-lobed and folded, with the outer cotyledon being larger than the inner. (3) Shoot system: The hypocotyl elongates and carries the cotyledons above the soil surface; the epicotyl usually does not show any development within the test period. (4) Root system: A long primary root. (b) Abnormal seedling description. (1) Cotyledons: (i) Decayed at point of attachment. (ii) Less than half of the original cotyledon tissue remaining attached. (iii) Less than half of the original cotyledon tissue free of necrosis or decay. (2) Epicotyl: (i) Missing. (May be assumed to be present if the cotyledons are intact.) (ii) [Reserved] (3) Hypocotyl: (i) Deep open cracks extending into the conducting tissue. (ii) Malformed, such as markedly shortened, curled, or thickened. (iii) Watery. (4) Root: (i) Weak, stubby, or missing primary root. (Secondary roots will not compensate for a defective root.) (ii) [Reserved] (5) Seedling: (i) One or more essential structures impaired as result of decay from primary infection. (ii) Albino. | |||||
| 7:7:3.1.1.7.29.0.331.78 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.56-4 Cucurbit family, (Cucurbitaceae). | AMS | [59 FR 64501, Dec. 14, 1994] | Kinds of seed: Citron, cucumber, West India gherkin, melon, pumpkin, squash, and watermelon. (a) General description. (1) Germination habit: Epigeal dicot. (2) Food reserves: Cotyledons which are large and fleshy; they expand, become photosynthetic, and usually persist beyond the seedling stage. (3) Shoot system: The hypocotyl elongates and the cotyledons are pulled free of the seed coat, which often adheres to a peg-like appendage at the base of the hypocotyl. The epicotyl usually does not show any development within the test period. (4) Root system: A long primary root with numerous secondary roots. (b) Abnormal seedling description. (1) Cotyledons: (i) Less than half of the original cotyledon tissue remaining attached. (ii) Less than half of the original cotyledon tissue free of necrosis or decay. (Remove any attached seed coats at the end of the test period for evaluation of cotyledons.) (2) Epicotyl: (i) Missing. (May be assumed to be present if the cotyledons are intact.) (ii) [Reserved] (3) Hypocotyl: (i) Deep open cracks extending into the conducting tissue. (ii) Malformed, such as markedly shortened, curled, or thickened. (4) Root: (i) None. (ii) Weak, stubby, or missing primary root, with less than two strong secondary or adventitious roots. (5) Seedling: (i) One or more essential structures impaired as a result of decay from primary infection. (ii) Albino. | |||||
| 7:7:3.1.1.7.29.0.331.79 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.56-5 Grass family, Poaceae (Gramineae). | AMS | [59 FR 64501, Dec. 14, 1994, as amended at 65 FR 1708, Jan. 11, 2000] | Kinds of seed: Bentgrasses, bluegrasses, bluestems, bromes, cereals, fescues, millets, orchardgrass, redtop, ryegrasses, sorghums, timothy, turf timothy, wheatgrasses, and all other grasses listed in § 201.2(h). (a) Cereals: Agrotricum, barley, oat, rye, mountain rye, wheat, wheat × agrotricum, and triticale. (1) General description. (i) Germination habit: Hypogeal monocot. (ii) Food reserves: Endosperm. The scutellum is a modified cotyledon which is in direct contact with the endosperm. During germination the scutellum remains inside the seed to absorb nutrients from the endosperm and transfer them to the growing seedling. (iii) Shoot system: The shoot consists of the coleoptile, leaves enclosed in the coleoptile, and the mesocotyl. The coleoptile elongates and pushes through the soil surface; the mesocotyl may elongate depending on the variety and light intensity, but may not be discernible. Splitting of the coleoptile occurs naturally as a result of growth and emergence of the leaves. (iv) Root system: A primary root and seminal roots. The primary root is not readily distinguishable from the seminal roots; therefore, all roots arising from the seed are referred to as seminal roots. (2) Abnormal seedling description. (i) Shoot: (A) Missing. (B) No leaf. (C) Leaf extending less than halfway up into the coleoptile. (D) Leaf extensively shredded or split. (E) Spindly or watery. (F) Grainy, spirally twisted, shredded, and weak. (G) Deep open cracks in the mesocotyl. (ii) Root: (A) Less than one strong seminal root. (B) [Reserved] (iii) Seedling: (A) Decayed at point of attachment to the scutellum. (B) One or more essential structures impaired as a result of decay from primary infection. (C) Albino. (D) Endosperm obviously detached from the root-shoot axis (e.g. kernel lifted away by the growing shoot). (E) Thickened and shortened roots and/or shoots. (b) Rice. (1) General description. (i) Germination habit: Hypogeal monocot. (ii) Food reserves: Endosperm. The scutellum is a modified coty… | |||||
| 7:7:3.1.1.7.29.0.331.80 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.56-6 Legume or pea family, Fabaceae (Leguminosae). | AMS | [59 FR 64503, Dec. 14, 1994, as amended at 65 FR 1708, Jan. 11, 2000] | Kinds of seed: Alfalfa, alyceclover, asparagusbean, beans ( Phaseolus spp.), Florida beggarweed, black medic, broadbean, burclovers, buttonclover, chickpea, clovers ( Trifolium spp.), cowpea, crotalarias, crownvetch, guar, hairy indigo, kudzu, lentil, lespedezas, lupines, northern sweetvetch, peas, peanut, roughpea, sainfoin, sesbania, sourclover, soybean, sweetclovers, trefoils, velvetbean, and vetches. (a) Field bean, garden bean, lima bean, mung bean, asparagusbean, and cowpea. (1) General description. (i) Germination habit: Epigeal dicot. (ii) Food reserves: Cotyledons which are large and fleshy. (iii) Shoot system: The hypocotyl elongates and carries the cotyledons above the soil surface. The epicotyl elongates, causing the terminal bud to emerge from between the cotyledons; the primary leaves expand rapidly. (iv) Root system: A long primary root with secondary roots. (2) Abnormal seedling description. (i) Cotyledons: (A) For garden bean ( Phaseolus vulgaris in part), remove any attached seed coats at the end of the test period for evaluation of cotyledons: ( 1 ) Less than half of the original cotyledon tissue remaining attached. ( 2 ) Less than half of the original cotyledon tissue free of necrosis or decay. (B) All other kinds: ( 1 ) Both missing and the seedling generally weak. ( 2 ) [Reserved] (ii) Epicotyl: (A) Missing. (B) Deep open cracks. (C) Malformed, such as markedly curled or thickened. (D) Less than one primary leaf. (E) Primary leaves too small in proportion to the rest of the seedling, usually associated with visible defects of, or damage to, the main stem of the epicotyl. (F) Terminal bud missing or damaged. (If a few seedlings with total or partial decay to the epicotyl are found, they may be classified as normal, provided the hypocotyl and root are normal. The epicotyl on such seedlings usually does not decay when grown in a fairly dry environment and exposed to light. A retest, preferably in soil or sand, will aid in interpretation of such seedlings.) (iii) Hypocot… | |||||
| 7:7:3.1.1.7.29.0.331.81 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.56-7 Lily family, Liliaceae. | AMS | [59 FR 64504, Dec. 14, 1994] | Kinds of seed: Asparagus, chives, leek, onion, and Welsh onion. (a) Asparagus. (1) General description. (i) Germination habit: Hypogeal monocot. (ii) Food reserves: Endosperm which is hard, semi- transparent, and non-starchy; minor reserves in the cotyledon. The endosperm surrounds the entire embryo. (iii) Cotyledon: A single cylindrical cotyledon; following germination, all but the basal end remains embedded in the endosperm to absorb nutrients. (iv) Shoot system: The epicotyl elongates and carries the terminal bud above the soil surface. The epicotyl may bear several small scale leaves. A short hypocotyl is barely distinguishable, joining the root to the basal end of the cotyledon. More than one shoot may arise simultaneously, and the seedling may be considered normal if at least one shoot is well- developed and has a terminal growing point, provided other essential structures are normal. (v) Root system: A long slender primary root. (2) Abnormal seedling description. (i) Cotyledon: (A) Detached from seedling. (B) Deep open cracks at basal end. (ii) Epicotyl: (A) Missing. (B) Terminal bud missing or damaged. (C) Deep open cracks. (D) Malformed, such as markedly shortened, curled, or thickened. (E) Spindly. (F) Watery. (iii) Hypocotyl: (A) Deep open cracks. (B) [Reserved] (iv) Root: (A) No primary root. (B) Stubby primary root with weak secondary roots. (v) Seedling: (A) One or more essential structures impaired as a result of decay from primary infection. (B) Albino. (b) Chives, leek, onion, Welsh onion. (1) General description. (i) Germination habit: Epigeal monocot. (ii) Food reserves: Endosperm which is hard, semi-transparent, and non-starchy; minor reserves in the cotyledon. (iii) Cotyledon: A single cylindrical cotyledon. The cotyledon emerges with the seed coat and endosperm attached to the tip. A sharp bend known as the “knee” forms; continued elongation of the cotyledon on each side of this knee pushes it above the soil surface. The cotyledon tip is pulled from the soil a… | |||||
| 7:7:3.1.1.7.29.0.331.82 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.56-8 Flax family, Linaceae. | AMS | [59 FR 64505 Dec. 14, 1994] | Kind of seed: Flax. (a) General description. (1) Germination habit: Epigeal dicot. (Due to the mucilaginous nature of the seed coat, seedlings germinated on blotters may adhere to the blotter and appear to be negatively geotropic.) (2) Food reserves: Cotyledons which expand and become photosynthetic. (3) Shoot system: The hypocotyl elongates carrying the cotyledons above the soil surface. The epicotyl usually does not show any development within the test period. (4) Root system: A primary root, with secondary roots usually developing within the test period. (b) Abnormal seedling description. (1) Cotyledons: (i) Less than half of the original cotyledon tissue remaining attached. (ii) Less than half of the original cotyledon tissue free of necrosis or decay. (2) Epicotyl: (i) Missing. (May be assumed to be present if cotyledons are intact.) (ii) [Reserved] (3) Hypocotyl: (i) Deep open cracks extending into the conducting tissue. (ii) Malformed, such as markedly shortened, curled, or thickened. (4) Root: (i) None. (ii) Weak, stubby, or missing primary root with weak secondary or adventitious roots. (5) Seedling: (i) One or more essential structures impaired as a result of decay from primary infection. (ii) Albino. | |||||
| 7:7:3.1.1.7.29.0.331.83 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.56-9 Mallow family, Malvaceae. | AMS | [59 FR 64505 Dec. 14, 1994] | Kinds of seed: Cotton, kenaf, and okra. (a) General description. (1) Germination habit: Epigeal dicot. (2) Food reserve: Cotyledons, which are convoluted in the seed; they expand and become thin, leaf-like, and photosynthetic. (3) Shoot system: The hypocotyl elongates carrying the cotyledons above the soil surface. The epicotyl usually does not show any development within the test period. Areas of yellowish pigmentation may develop on the hypocotyl in cotton. (4) Root system: A primary root, with secondary roots usually developing within the test period. Areas of yellowish pigmentation may develop on the root in cotton. (b) Abnormal seedling description. (1) Cotyledons: (i) Less than half of the original cotyledon tissue remaining attached. (ii) Less than half of the original cotyledon tissue free of necrosis or decay. (Remove any attached seed coats at the end of the test period for evaluation of cotyledons.) (2) Epicotyl: (i) Missing. (May be assumed to be present if both cotyledons are intact.) (ii) [Reserved] (3) Hypocotyl: (i) Deep open cracks or grainy lesions extending into the conducting tissue. (ii) Malformed, such as markedly shortened, curled, or thickened. (4) Root: (i) None. (ii) Weak, stubby, or missing primary root with weak secondary or adventitious roots. (5) Seedling: (i) One or more essential structures impaired as a result of decay from primary infection. (A cotton seedling with yellowish areas on the root or hypocotyl is classified as normal, provided the cotyledons are free of infection.) (ii) Albino. | |||||
| 7:7:3.1.1.7.29.0.331.84 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.56-10 Spurge family, Euphorbiaceae. | AMS | [59 FR 64505 Dec. 14, 1994] | Kind of seed: Castorbean. (a) General description. (1) Germination habit: Epigeal dicot. (2) Food reserves: Cotyledons, which are thin and leaf-like; endosperm (fleshy food-storage organs) usually persisting in the laboratory test. (3) Shoot system: The hypocotyl lengthens, carrying the cotyledons, endosperm, and epicotyl above the soil surface. (4) Root system: A primary root, with secondary roots usually developing within the test period. (b) Abnormal seedling description. (1) Cotyledons: (i) Less than half of the original cotyledon tissue remaining attached. (ii) Less than half of the original cotyledon tissue free of necrosis or decay. (2) Endosperm: (i) Missing. (ii) [Reserved] (3) Epicotyl: (i) Missing. (ii) Damaged or missing terminal bud. (4) Hypocotyl: (i) Deep open cracks extending into the conducting tissue. (ii) Malformed, such as markedly shortened, curled, or thickened. (5) Root: (i) None. (ii) Weak, stubby, or missing primary root with weak secondary or adventitious roots. (6) Seedling: (i) One or more essential structures impaired as a result of decay from primary infection. (ii) Albino. | |||||
| 7:7:3.1.1.7.29.0.331.85 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.56-11 Knotweed family, Polygonaceae. | AMS | [59 FR 64506, Dec. 14, 1994] | Kinds of seed: Buckwheat, rhubarb, and sorrel. (a) General description. (1) Germination habit: Epigeal dicot. (2) Food reserves: Cotyledons, starchy endosperm. (3) Shoot system: The hypocotyl elongates carrying the cotyledons above the soil surface. The epicotyl usually does not show any development within the test period. (4) Root system: A primary root, with secondary roots developing within the test period for some kinds. (b) Abnormal seedling description. (1) Cotyledons: (i) Less than half of the original cotyledon tissue remaining attached. (ii) Less than half of the original cotyledon tissue free of necrosis or decay. (2) Epicotyl: (i) Missing. (May be assumed to be present if cotyledons are intact.) (ii) [Reserved] (3) Hypocotyl: (i) Deep open cracks or grainy lesions extending into the conducting tissue. (ii) Malformed, such as markedly shortened, curled, or thickened. (iii) Watery. (4) Root: (i) None. (ii) Weak, stubby, or missing primary root with weak secondary or adventitious roots. (5) Seedling: (i) One or more essential structures impaired as a result of decay from primary infection. (ii) Albino. | |||||
| 7:7:3.1.1.7.29.0.331.86 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.56-12 Miscellaneous plant families. | AMS | [59 FR 64506, Dec. 14, 1994] | Kinds of seed by family: Carrot family, Apiaceae (Umbelliferae)—carrot, celery, celeriac, dill, parsley, parsnip; Hemp family, Cannabaceae—hemp; Dichondra family, Dichondraceae—dichondra; Geranium family, Geraniaceae—alfilaria; Mint family, Lamiaceae (Labiatae)—sage, summer savory; benne family, Pedaliaceae—sesame; Rose family, Rosaceae—little burnet; Nightshade family, Solanaceae—eggplant, tomato, husk tomato, pepper, tobacco; and Valerian family, Valerianaceae—cornsalad. (a) General description. (1) Germination habit: Epigeal dicot. (2) Food reserves: Cotyledons; endosperm may or may not be present, depending on the kind. (3) Shoot system: The hypocotyl elongates, carrying the cotyledons above the soil surface. The epicotyl usually does not show any development within the test period. (4) Root system: A primary root; secondary roots may or may not develop within the test period, depending on the kind. (b) Abnormal seedling description. (1) Cotyledons: (i) Less than half of the original cotyledon tissue remaining attached. (ii) Less than half of the original cotyledon tissue free of necrosis or decay. (2) Epicotyl: (i) Missing. (May be assumed to be present if the cotyledons are intact.) (ii) [Reserved] (3) Hypocotyl: (i) Malformed, such as markedly shortened, curled, or thickened. (ii) Deep open cracks extending into the conducting tissue. (iii) Watery. (4) Root: (i) None. (ii) Missing or stubby primary root with weak secondary or adventitious roots. (5) Seedling: (i) One or more essential structures impaired as a result of decay from primary infection. (ii) Albino. | |||||
| 7:7:3.1.1.7.29.0.331.87 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.57 Hard seeds. | AMS | [5 FR 33, Jan. 4, 1940, as amended at 10 FR 9952, Aug. 11, 1945; 20 FR 7936, Oct. 21, 1955; 65 FR 1708, Jan. 11, 2000] | Seeds which remain hard at the end of the prescribed test because they have not absorbed water, due to an impermeable seed coat, are to be counted as “hard seed.” If at the end of the germination period provided for legumes, okra, cotton and dichondra in these rules and regulations there are still present swollen seeds or seeds of these kinds which have just started to germinate, all seeds or seedlings except the above-stated shall be removed and the test continued for 5 additional days and the normal seedlings included in the percentage of germination. For flatpea, continue the swollen seed in test for 14 days when germinating at 15-25 °C or for 10 days when germinating at 20 °C. | |||||
| 7:7:3.1.1.7.29.0.331.88 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.57a Dormant seeds. | AMS | [46 FR 53638, Oct. 29, 1981, as amended at 59 FR 64506, Dec. 14, 1994] | Dormant seeds are viable seeds, other than hard seeds, which fail to germinate when provided the specified germination conditions for the kind of seed in question. (a) Viability of ungerminated seeds shall be determined by any of the following methods or combinations of methods: a cutting test, tetrazolium test, scarification, or application of germination promoting chemicals. (b) The percentage of dormant seed, if present, shall be determined in addition to the percentage of germination for the following kinds: Bahiagrass, basin wildrye, big bluestem, little bluestem, sand bluestem, yellow bluestem, bottlebrush-squirreltail, buffalograss, buffelgrass, galletagrass, forage kochia, blue grama, side-oats grama, Indian ricegrass, johnsongrass, sand lovegrass, weeping lovegrass, mountain rye, sand dropseed, smilo, switchgrass, veldtgrass, western wheatgrass, and yellow indiangrass. (c) For green needlegrass, if the test result of method 2 is less than the result of method 1, subtract the result of method 2 from method 1 and report the difference as the percentage of dormant seed. Refer to § 201.58(b)(7). | |||||
| 7:7:3.1.1.7.29.0.331.89 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.58 Substrata, temperature, duration of test, and certain other specific directions for testing for germination and hard seed. | AMS | [20 FR 7928, Oct. 21, 1955] | Specific germination requirements are set forth in table 2 to which the following paragraphs (a), (b), and (c) are applicable. (a) Definitions and explainations applicable to table 2 —(1) Duration of tests. The following deviations are permitted from the specified duration of tests: Any test may be terminated prior to the number of days listed under “Final count” if the maximum germination of the sample has then been determined. The number of days stated for the first count is approximate and a deviation of 1 to 3 days is permitted. If at the time of the prescribed test period the seedlings are not sufficiently developed for positive evaluation, it is possible to extend the time of the test period two additional days. If the prescribed test period or the allowed extension falls on a weekend or public holiday, the test may be extended to the next working day. (Also, see paragraph (a)(5) of this section and § 201.57.) (2) Light. Cool white fluorescent light shall be provided where light is required in table 2. The light intensity shall be 75 to 125 foot-candles (750-1,250 lux). (The light intensity for nondormant seed and during seedling development may be as low as 25 foot-candles to enable the essential structures to be evaluated with greater certainty.) The seeds shall be illuminated for at least 8 hours every 24 hours except when transferred to a low temperature germinator during the weekend. When seeds are germinated at alternating temperatures they shall be illuminated during high temperature periods. Seeds for which light is prescribed shall be germinated on top of the substratum except for ryegrass fluorescence tests. (3) Moisture-on-dry-side. This term means that the moistened substratum should be pressed against a dry absorbent surface such as a dry paper towel or blotter to remove excess moisture. The moisture content thus obtained should be maintained throughout the germination test period. (4) Potassium nitrate (KNO 3 ). These terms mean a two-tenths (0.2) percent solution of potassium nit… | |||||
| 7:7:3.1.1.7.29.0.332.90 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.58a Indistinguishable seeds. | AMS | [59 FR 64514, Dec. 14, 1994] | When the identification of the kind, variety, or type of seed or determination that seed is hybrid is not possible by seed characteristics, identification may be based upon the seedling, growing plant or mature plant characteristics according to such authentic information as is available. (a) Ryegrass. In determining the pure seed percentage of perennial ryegrass and annual ryegrass, 400 seeds shall be grown on white filter paper and the number of fluorescent seedlings determined under ultraviolet light at the end of the germination period (see § 201.58(b)(10)). (1) Fluorescence results are to be determined as test fluorescence level (TFL) to two decimal places as follows: (2) The percentage of perennial ryegrass is calculated as follows: where VFL = Variety fluorescence level. where VFL = Variety fluorescence level. (3) Using results from the above formula, the percentage of annual ryegrass is calculated as follows: % Annual Ryegrass = % Pure Ryegrass−% Perennial Ryegrass (4) If the test fluorescence level (TFL) of a perennial ryegrass is equal to or less than the variety fluorescence level (VFL) described for the variety, all pure ryegrass is considered to be perennial ryegrass and the formula is not applied. (5) If the test fluorescence level (TFL) of an annual ryegrass is equal to or greater than the variety fluorescence level (VFL) described for the variety, all pure ryegrass is considered to be annual ryegrass and the formula is not applied. (6) A list of variety fluorescence level (VFL) descriptions for perennial ryegrass varieties which are more than 0 percent fluorescent and annual ryegrass varieties which are less than 100 percent fluorescent is maintained and published by the National Grass Variety Review Board of the Association of Official Seed Certifying Agencies (AOSCA). If the variety being tested is not stated or the fluorescence level has not been described, the fluorescence level shall be considered to be 0 percent for perennial ryegrass and 100 percent for annual ryegrass. Both VFL… | |||||
| 7:7:3.1.1.7.29.0.332.91 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.58b Origin. | AMS | [5 FR 35, Jan. 4, 1940. Redesignated at 20 FR 7940, Oct. 21, 1955] | The presence of incidental weed seeds, foreign matter, or any other existing circumstances shall be considered in determining the origin of seed. | |||||
| 7:7:3.1.1.7.29.0.332.92 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.58c Detection of captan, mercury, or thiram on seed. | AMS | [38 FR 12733, May 15, 1973] | The bioassay method may be used according to the procedure given in Association of Official Seed Analysts, Handbook No. 26, “Microbiological Assay of Fungicide-treated Seeds”, May 1964. | |||||
| 7:7:3.1.1.7.29.0.332.93 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.58d Fungal endophyte test. | AMS | [59 FR 64515, Dec. 14, 1994] | A fungal endophyte test may be used to determine the amount of fungal endophyte ( Acremonium spp.) in certain grasses. (a) Method of preparation of aniline blue stain for use in testing grass seed and plant material for the presence of fungal endophyte: (1) Prepare a 1 percent aqueous aniline blue solution by dissolving 1 gram aniline blue in 100 ml distilled water. (2) Prepare the endophyte staining solution of one part of 1 percent aniline blue solution with 2 parts of 85 percent lactic acid (C 3 H 6 O 3 ). (3) Use stain as-is or dilute with water if staining is too dark. (b) Procedure for determining levels of fungal endophyte in grass seed: (1) Take a sub-sample of seed (1 gram is sufficient) from the pure seed portion of the kind under consideration. (2) Digest seed at room temperature for 12-16 hours in a 5 percent sodium hydroxide (NaOH) solution or other temperature/time combination resulting in adequate seed softening. (3) Rinse thoroughly in running tap water. (4) De-glume seeds and place on a microscope slide in a drop of endophyte staining solution. Slightly crush the seeds. Use caution to prevent carryover hyphae of fungal endophyte from one seed to another. (5) Place coverglass on seed and apply gentle pressure. (6) Examine with compound microscope at 100-400x magnification, scoring a seed as positive if any identifiable hyphae are present. (7) Various sample sizes may be used for this test. Precision changes with sample size; therefore, the test results must include the sample size tested. (c) Procedure for determining levels of fungal endophyte in seedlings from seed samples suspected to contain fungal endophyte: (1) Select seeds at random and germinate. (2) Examine seedlings from the sample germinated after growing for a minimum of 48 days. (3) Remove the outermost sheath from the seedling. Tissue should have no obvious discoloration from saprophytes and should have as little chlorophyll as possible. (4) Isolate a longitudinal section of leaf sheath approximately 3-5 mm in wid… | |||||
| 7:7:3.1.1.7.29.0.333.100 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.65 Noxious-weed seeds in interstate commerce. | AMS | [76 FR 31794, June 2, 2011] | Tolerances for rates of occurrence of noxious-weed seeds shall be recognized and shall be applied to the number of noxious-weed seeds found by analysis in the quantity of seed specified for noxious-weed seed determinations in § 201.46, except as provided in § 201.16(b). Rates per pound or ounce must be converted to the equivalent number of seeds found in § 201.46, Table 1, Minimum weight for noxious-weed seed examination (grams). Some tolerances are listed in the following table. The number found as represented by the label or test (Column X) will be considered within tolerance if not more than the corresponding numbers in Column Y are found by analysis in the administration of the Act. For numbers of seed greater than those in the table, a tolerance based on a degree of certainty of 5 percent (P = 0.05) can be calculated by the formula, Y = X + 1.65√X + 0.03, where X is the number of seeds represented by the label or test and Y is the maximum number within tolerance. | |||||
| 7:7:3.1.1.7.29.0.333.101 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.66 [Reserved] | AMS | |||||||
| 7:7:3.1.1.7.29.0.333.94 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.59 Application. | AMS | [5 FR 34, Jan. 4, 1940, as amended at 20 FR 7940, Oct. 21, 1955; 24 FR 3954, May 15, 1959; 35 FR 6108, Apr. 15, 1970; 85 FR 40583, July 7, 2020] | Tolerances shall be recognized between the percentages or rates of occurrence found by analysis, test, or examination in the administration of the Act and percentages or rates of occurrence required or stated as required by the Act. Tolerances for purity percentages and germination percentages provided for in §§ 201.60 and 201.63 shall be determined from the mean of (a) the results being compared, or (b) the result found by test and the figures shown on a label, or (c) the result found by test and a standard. All other tolerances, including tolerances for pure-live seed and fluorescence, and tolerances for purity based on 10 to 1,000 seeds, seedlings, or plants shall be determined from the result or results found in the administration of the Act. | |||||
| 7:7:3.1.1.7.29.0.333.95 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.60 Purity percentages. | AMS | [26 FR 10036, Oct. 26, 1961, as amended at 59 FR 64515, Dec. 14, 1994; 65 FR 1709, Jan. 11, 2000; 85 FR 40583, July 7, 2020] | (a)(1) The tolerance for a given percentage of the purity components is the same whether for pure seed, other crop seed, weed seed, or inert matter. Wider tolerances are provided when 33 percent or more of the sample is composed of seed plus empty florets and/or empty spikelets of the following chaffy kinds: bentgrasses, bermudagrasses, bluegrasses, bluestems, bottlebrush- squirreltail, bromes, buffalograss, buffelgrass, carpetgrass, soft chess, dallisgrass, fescues, foxtails, galletagrass, guineagrass, gramas, molassesgrass, tall oatgrass, orchardgrass, redtop, rescuegrass, rhodesgrass, Indian ricegrass, ryegrasses, sweet vernalgrass, teff, vaseygrass, veldtgrass, wheatgrasses, wildryes, and yellow indiangrass. The wider tolerances do not apply to seed devoid of hulls. (2) To determine the tolerance for any purity percentage found in the administration of the Act, the percentage found is averaged (i) with that claimed or shown on a label or (ii) with a specified standard. The tolerance is found from this average. If more than one test is made, all except any test obviously in error shall be averaged and the result treated as a single percentage. (b) The tolerances found in columns C and D for the respective purity percentages shown in columns A and B of table No. 3 shall be used for (1) unmixed seed and (2) mixtures in which the particle-weight ratio is 1:1 to 1.49:1, inclusive. Tolerances for intermediate percentages not shown in table 3 shall be obtained by interpolation. Table 3—Tolerances for Any Component of a Purity Analysis for (1) Unmixed Seed or (2) Mixed Seed in Which the Particle Weight Ratio Is 1: 1 to 1.49: 1, Inclusive (c) Tolerances calculated by the following formula shall be used for either chaffy or nonchaffy mixtures when the average particle-weight ratio is 1.5:1 to 20:1 and beyond: The symbols used in the formula are as follows: T = tolerance being calculated. A = percent which the weight of the component with the heavier average particle-weight is of the weight of both components… | |||||
| 7:7:3.1.1.7.29.0.333.96 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.61 Fluorescence percentages in ryegrasses. | AMS | [32 FR 12781, Sept. 6, 1967, as amended at 59 FR 64516, Dec. 14, 1994; 85 FR 40583, July 7, 2020] | Tolerances for 400-seed fluorescence tests shall be those set forth in the following table plus one-half the regular pure-seed tolerance determined in accordance with § 201.60. When only 200 seeds of a component in a mixture are tested, an additional 2 percent shall be added to the fluorescence tolerance. Fluorescence Tolerance, Based on Test Fluorescence (TFL) | |||||
| 7:7:3.1.1.7.29.0.333.97 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.62 Tests for determination of percentages of kind, variety, type, hybrid, or offtype. | AMS | [32 FR 12781, Sept. 6, 1967, as amended at 33 FR 10841, July 31, 1968; 35 FR 6108, Apr. 15, 1970; 59 FR 64516, Dec. 14, 1994] | Tolerances for tests for determination of percentages of kind, variety, type, hybrid, or offtype shall be those set forth in the following table, added to one-half the required pure seed tol- erances determined in accordance with § 201.60, except that one-half the pure seed tolerance will not be applied in determining tolerances for hybrids labeled on the basis of the percentage of pure seed which is hybrid. Table 4—Tolerances for Purity Tests, When Results Are Based on 10 to 1,000 Seeds, Seedlings, or Plants Used in a Test | |||||
| 7:7:3.1.1.7.29.0.333.98 | 7 | Agriculture | I | K | 201 | PART 201—FEDERAL SEED ACT REQUIREMENTS | § 201.63 Germination. | AMS | [15 FR 2399, Apr. 28, 1950, as amended at 20 FR 7940, Oct. 21, 1955] | The following tolerances are applicable to the percentage of germination and also to the sum of the germination plus the hard seed when 400 or more seeds are tested. When only 200 seeds of a component in a mixture are tested 2 percent shall be added to the above germination tolerances. |
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