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Agricultural Marketing Service Technology Program, AMS, USDA; 801 Agricultural and Vegetable Seed That Are Summit Crossing Place, Suite C, Subject to Regulation

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Agricultural Marketing Service Technology Program, AMS, USDA; 801 Agricultural and Vegetable Seed That Are Summit Crossing Place, Suite C, Subject to Regulation 4603 Proposed Rules Federal Register Vol. 85, No. 17 Monday, January 27, 2020 This section of the FEDERAL REGISTER rule will be included in the rulemaking evolution of industry practices. Finally, contains notices to the public of the proposed record and will be made available to the AMS is proposing several revisions of issuance of rules and regulations. The public. Please be advised that the an administrative nature to correct purpose of these notices is to give interested identity of the individuals or entities misspellings and other errors in the persons an opportunity to participate in the submitting comments will be made regulations. Specific proposals are rule making prior to the adoption of the final rules. public on the internet at the address addressed below. provided above. Proposals FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF AGRICULTURE Ernest Allen, Director, Seed Regulatory Nomenclature and Testing Division, Science and The regulations specify the kinds of Agricultural Marketing Service Technology Program, AMS, USDA; 801 agricultural and vegetable seed that are Summit Crossing Place, Suite C, subject to regulation. AMS proposes to 7 CFR Parts 201 and 202 Gastonia, NC 28054, USA; telephone: revise the list of agricultural seed [Doc. No. AMS–ST–19–0039] 704–810–8884; email Ernest.Allen@ covered by the regulation in § 201.2(h) usda.gov. by adding camelina, radish, and teff to Revisions to the Federal Seed Act SUPPLEMENTARY INFORMATION: The FSA the list. The proposed revisions would Regulations (7 U.S.C. 1551–1611) regulates interstate add radish to the list of seed kinds for and foreign commerce of planting seeds which the variety is required on the AGENCY: Agricultural Marketing Service, for agricultural and gardening purposes. label in § 201.10(a); add camelina, USDA. The FSA requires seeds to meet certain radish, and teff to the list of seed kinds ACTION: Proposed rule. germination rate, purity, and for which sample weights are specified certification standards. Under the FSA, in Table 1 to § 201.46(d)(2)(iii); add SUMMARY: The Agricultural Marketing seeds must be truthfully labeled with camelina, radish, and teff to the list of Service (AMS) invites comments on seed kinds for which germination proposed revisions to regulations that specific quality information. As well, the FSA requires all persons shipping requirements are specified in Table 2 to implement the Federal Seed Act (FSA). § 201.58(c)(3); add teff to the list of seed The proposals include revisions to seed agricultural seed in interstate commerce to maintain records of seed variety, kinds for which purity percentage labeling, testing, and certification origin, treatment, germination, and tolerances are increased in requirements. The proposed revisions purity. Regulations established under § 201.60(a)(1); and add camelina, would add certain seed species to the the FSA (7 CFR part 201) (regulations) chickpea, hemp, radish, and sunn hemp lists of covered kinds of seed and implement the requirements of the FSA to the list of seed kinds for which update the lists to reflect current and are administered by AMS. standards related to certification are scientific nomenclature; update From time to time, AMS finds it specified in Table 5 to § 201.76. regulations related to seed quality, necessary to update the regulations to To assure clear market germination and purity standards, and reflect current industry standards and communication about seeds, the acceptable seed testing methods; and practices and to remove obsolete regulations use the Latin scientific update seed certification and references. AMS last updated the names assigned to plants in the recertification requirements, including regulations in 2011 (76 FR 31790). AMS International Code of Nomenclature for new eligibility standards and the met with representatives of major seed Cultivated Plants 1 and recognized recognition of current breeding industry stakeholder organizations in throughout the world. Occasionally, the techniques. AMS intends to align FSA February 2019 to discuss possible International Union of Biological regulations with current industry revisions to make the regulations more Science’s International Commission for practices, harmonize FSA testing reflective of current industry practices the Nomenclature of Cultivated Plants methods with industry standards, and and updated testing methods. Based on revises those scientific names. This clarify confusing or contradictory stakeholder input, the Seed Regulatory proposed rule would further revise language in the existing regulations. and Testing Division of AMS’s Science § 201.2(h) by updating the scientific AMS expects the proposed revisions to and Technology Program initiated this names for 15 agricultural seed kinds reduce trade burden associated with proposed action to update the already on the list (big bluestem, interstate seed commerce and encourage regulations. mountain brome, buffalograss, crambe, compliance with State and Federal laws. AMS proposes to update the lists of galletagrass, guineagrass, forage kochia, DATES: Comments must be received by which seed kinds are covered by the browntop millet, pearl millet, March 27, 2020. regulations and revise the names of napiergrass, green needlegrass, green ADDRESSES: Interested persons are several agricultural and vegetable seeds panicgrass, bird rape, turnip rape, and invited to submit comments on this to provide updated scientific smilo), and by adding another common proposed rulemaking. All comments nomenclature. AMS proposes further to name for sunn crotalaria, one of the must be submitted electronically revise the definitions of other terms kinds already on the list. The proposed through the e-rulemaking portal at used in the regulations to provide rule would also update the scientific http://www.regulations.gov, and should greater clarity for regulated entities. reference the document number, date, Other revisions in this proposed rule 1 The International Code of Nomenclature for Cultivated Plants (ICNCP or Cultivated Plant Code), and page number of this issue of the would update the seed labeling, testing, published by the International Society for Federal Register. All comments and certification requirements to reflect Horticultural Science. The ICNCP was most submitted in response to this proposed revised terminology, as well as the recently updated in 2016. VerDate Sep<11>2014 16:11 Jan 24, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\27JAP1.SGM 27JAP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 4604 Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Proposed Rules name for tomato, which is on the list of § 201.2(nn) and would define the term to add a similar requirement for labeling vegetable seed kinds in § 201.2(i). Such to mean any testing method described in vegetable seed mixtures by adding a changes would align regulatory §§ 201.45 through 201.66 of the new § 201.26a—Vegetable Seed language with current terminology and regulations or any testing method Mixtures, which would require labels nomenclature recognized in the approved by the Association of Official for mixtures of vegetable seeds to list industry. Seed Analysts rules for testing seed.3 each seed component in order of Other sections of the regulations This would clarify for regulated entities predominance. This change would reference scientific names, as well. AMS what records they are required to reflect the current market practice of proposes to update those references by maintain. Finally, the proposal would packaging vegetable seed mixtures, revising the scientific names for add a new paragraph (oo) to § 201.2 to which has not previously been quackgrass in § 201.17(a); buffalograss, define the term ‘‘brand,’’ which would addressed in the regulations. sunflower, small-seeded legumes, carrot, mean the words, name, symbol, number, The regulations prohibit the interstate and mint in § 201.47a; legumes and mark, design, unique design, or any shipment of agricultural or vegetable crucifers in 201.48(a); sunflower, carrot, combination of those that would seeds containing seeds or bulblets of and mint in 201.48(f); buffalograss in distinguish the seed of one entity from certain noxious weeds identified in 201.48(g)(1); legumes in 201.51(a)(1); the seed of another. The term’s § 201.16(b). AMS proposes to revise the quackgrass in 201.51(b)(2)(iv) and (v); definition would clarify its use in list of prohibited noxious weed seed in sunflower in 201.51(b)(4), and carrot in § 201.36b(e). § 201.16(b) by updating the scientific 201.56(d). names of several species to reflect the Records current names recognized in the market. Other Terminology The FSA regulations require seed Where the shipment of noxious-weed Section 201.2 defines other terms shippers to maintain records and seed is not prohibited under § 201.16(b), used in the regulations. The proposed samples for each lot of agricultural and the rate of occurrence in agricultural rule would update some terms to reflect vegetable seed shipped in interstate seed cannot exceed the rate permitted changes in industry and AMS needs and commerce. Sections 201.4 through by each State into which the seed is processes. AMS proposes to revise the 201.7a specify the recordkeeping shipped or reshipped, and the label term for ‘‘person’’ in § 201.2(b) to requirements related to seed origin, must include the rate of occurrence include individuals and agents to clarify germination testing, purity testing, and according to each State’s requirements. that such entities are also subject to the treatment. AMS proposes to revise (See 7 CFR 201.16(a)) AMS proposes to regulations. A revision to § 201.2(l)(1) §§ 201.6 and 201.7 to clarify that add a new § 201.30c that would provide would clarify that each person must complete records about germination and similar restrictions for shipments of keep required records regarding seed purity, respectively, would include all noxious-weed seed in vegetable seed in treatment, including, but not limited to, the records of laboratory tests containers weighing more than one records about seed coating, film coating, considered acceptable under proposed pound.
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