Agricultural Marketing Service, USDA § 201.2

SUBCHAPTER K—FEDERAL SEED ACT

PART 201—FEDERAL SEED ACT LABELING IN GENERAL REQUIREMENTS 201.31a Labeling treated seed. 201.32 Screenings. 201.33 Seed in bulk or large quantities; seed DEFINITIONS for cleaning or processing. Sec. 201.34 Kind, variety, and type; treatment 201.1 Meaning of words. substances; designation as hybrid. 201.2 Terms defined. 201.35 Blank spaces. 201.36 The words ‘‘free’’ and ‘‘none.’’ ADMINISTRATION 201.3 Administrator. MODIFYING STATEMENTS 201.36a Disclaimers and nonwarranties. RECORDS FOR AGRICULTURAL AND VEGETABLE SEEDS ADVERTISING 201.4 Maintenance and accessibility. 201.36b Name of kind and variety; designa- 201.5 Origin. tion as hybrid. 201.6 Germination. 201.36c Hermetically-sealed containers. 201.7 Purity (including variety). 201.7a Treated seed. INSPECTION

LABELING AGRICULTURAL SEEDS 201.37 Authorization. 201.38 [Reserved] 201.8 Contents of the label. 201.9 Kind. SAMPLING IN THE ADMINISTRATION OF THE ACT 201.10 Variety. 201.39 General procedure. 201.11 Type. 201.40 Bulk. 201.11a Hybrid. 201.41 Bags. 201.12 Name of kind and variety. 201.42 Small containers. 201.12a Seed mixtures. 201.43 Size of sample. 201.13 Lot number or other identification. 201.44 Forwarding samples. 201.14 Origin. 201.15 Weed seeds. PURITY ANALYSIS IN THE ADMINISTRATION OF 201.16 Noxious-weed seeds. THE ACT 201.17 Noxious-weed seeds in the District of Columbia. 201.45 Obtaining the working sample. 201.18 Other agricultural seeds. 201.46 Weight of working sample. 201.19 Inert matter. 201.47 Separation. 201.20 Germination. 201.47a Seed unit. 201.21 Hard seed or dormant seed.. 201.47b Working samples. 201.22 Date of test. 201.48 Kind or variety considered pure seed. 201.23 Seller and buyer information. 201.49 Other crop seed. 201.24 Code designation. 201.50 Weed seed. 201.24a Inoculated seed. 201.51 Inert matter. 201.51a Special procedures for purity anal- LABELING VEGETABLE SEEDS ysis. 201.25 Contents of the label. 201.51b Purity procedures for coated seed. 201.26 Kind, variety, and hybrid. 201.52 Noxious-weed seeds. 201.26a Vegetable seed mixtures. GERMINATION TESTS IN THE ADMINISTRATION OF 201.27 Seller and buyer information. THE ACT 201.28 Code designation. 201.29 Germination of vegetable seed in con- 201.53 Source of seeds for germination. tainers of 1 pound or less. 201.54 Number of seeds for germination. 201.29a Germination of vegetable seed in 201.55 Retests. containers of more than 1 pound. 201.55a Moisture and aeration of sub- 201.30 Hard seed. stratum. 201.30a Date of test. 201.56 Interpretation. 201.30b Lot number or other lot identifica- 201.56–1 Goosefoot family, Chenopodiaceae tion of vegetable seed in containers of and Carpetweed family Aizoaceae. more than 1 pound. 201.56–2 Sunflower family, Asteraceae 201.30c Noxious-weed seeds of vegetable seed (Compositae). in containers of more than 1 pound. 201.56–3 Mustard family, Brassicaceae 201.31 Minimum germination standards for (Cruciferae). vegetable seeds in interstate commerce. 201.56–4 Cucurbit family (Cucurbitaceae).

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201.56–5 Grass family, Poaceae (Gramineae). NOTE: Approved by the Office of Manage- 201.56–6 Legume or pea family, Fabaceae ment and Budget under OMB control number (Leguminosae). 0581–0026 (47 FR 746, Jan. 7, 1982) 201.56–7 Lily family, Liliaceae. 201.56–8 Flax family, Linaceae. DEFINITIONS 201.56–9 Mallow family, Malvaceae. 201.56–10 Spurge family, Euphorbiaceae. § 201.1 Meaning of words. 201.56–11 Knotweed family, Polygonaceae. Words in the regulations in this part 201.56–12 Miscellaneous plant families. in the singular form shall be deemed to 201.57 Hard seeds. import the plural, and vice versa, as 201.57a Dormant seeds. the case may demand. 201.58 Substrata, temperature, duration of test, and certain other specific directions [5 FR 28, Jan. 4, 1940] for testing for germination and hard seed. § 201.2 Terms defined.

EXAMINATIONS IN THE ADMINISTRATION OF THE When used in the regulations in this ACT part the terms as defined in section 101 of the Act, unless modified in this sec- 201.58a Indistinguishable seeds. 201.58b Origin. tion as provided in the Act, shall apply 201.58c Detection of captan, mercury, or with equal force and effect. In addition, thiram on seed. as used in this part: 201.58d Fungal endophyte test. (a) The Act. The term ‘‘Act’’ means the Federal Seed Act approved August TOLERANCES 9, 1939 (53 Stat. 1275; 7 U.S.C. 1551–1611 201.59 Application. as amended); 201.60 Purity percentages. (b) Person. The term ‘‘person’’ in- 201.61 Fluorescence percentages in cludes an individual partnership, cor- ryegrasses. poration, company, society, associa- 201.62 Tests for determination of percent- tion, receiver, trustee, or agent; ages of kind, variety, type, hybrid, or (c) Secretary. The term ‘‘Secretary’’ offtype. means the Secretary of Agriculture of 201.63 Germination. the United States, or any officer or em- 201.64 Pure live seed. 201.65 Noxious-weed seeds in interstate ployee of the Department to whom au- commerce. thority has heretofore been delegated, 201.66 [Reserved] or to whom authority may hereafter be delegated, to act in his stead; CERTIFIED SEED (d) Hearing Clerk. The term ‘‘Hearing 201.67 Seed certifying agency standards and Clerk’’ means the Hearing Clerk, procedures. United States Department of Agri- 201.68 Eligibility requirements for certifi- culture, Washington, DC; cation of varieties. (e) Respondent. The term ‘‘respond- 201.69 Classes of certified seed. ent’’ means a person against whom a 201.70 Limitations of generations for cer- complaint is issued; tified seed. (f) Examiner. The term ‘‘examiner’’ 201.71 Establishing the source of all classes of certified seed. means an employee of the Department 201.72 Production of all classes of certified of Agriculture, designated by the Sec- seed. retary to conduct hearings under the 201.73 Processors and processing of all class- Act, and this part; es of certified seed. (g) FEDERAL REGISTER. The term 201.74 Labeling of all classes of certified ‘‘FEDERAL REGISTER’’ means the publi- seed. cation provided by the Act of July 26, 201.75 Interagency certification. 1935 (49 Stat. 500), and acts supple- 201.76 Minimum Land, Isolation, Field, and mentary thereto and amendatory Seed Standards. thereof; ADDITIONAL REQUIREMENTS FOR THE CERTIFI- (h) Agricultural seeds. The term ‘‘ag- CATION OF PLANT MATERIALS OF CERTAIN ricultural seeds’’ means the following CROPS kinds of grass, forage, and field crop 201.77 Length of stand requirements. seeds, that are used for seeding pur- 201.78 Pollen control for hybrids. poses in the United States:

AUTHORITY: 7 U.S.C. 1592. Agrotricum— × Agrotriticum Cif. & Giacom.

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Alfalfa—Medicago sativa L. subsp. sativa Castorbean—Ricinus communis L. Alfilaria—Erodium cicutarium (L.) L’He´r. Chess, soft—Bromus hordeaceus L. Alyceclover—Alysicarpus vaginalis (L.) DC. Chickpea—Cicer arietinum L. Bahiagrass—Paspalum notatum Flu¨ gge´ Clover, alsike—Trifolium hybridum L. Barley—Hordeum vulgare L. subsp. vulgare Clover, arrowleaf—Trifolium vesiculosum Savi Barrelclover—Medicago truncatula Gaertn. Clover, berseem—Trifolium alexandrinum L. Bean, adzuki—Vigna angularis (Willd.) Ohwi Clover, cluster—Trifolium glomeratum L. & H. Ohashi var. angularis Clover, crimson—Trifolium incarnatum L. Bean, field—Phaseolus vulgaris L. var. Clover, Kenya—Trifolium semipilosum Fresen. vulgaris Clover, ladino—Trifolium repens L. Bean, mung—Vigna radiata (L.) R. Wilczek Clover, lappa—Trifolium lappaceum L. var. radiata Clover, large hop—Trifolium campestre Beet, field—Beta vulgaris L. subsp. vulgaris Schreb. Beet, sugar—Beta vulgaris L. subsp. vulgaris Clover, Persian—Trifolium resupinatum L. Beggarweed, Florida—Desmodium tortuosum Clover, red or (Sw.) DC. Red clover, mammoth—Trifolium pratense Bentgrass, colonial—Agrostis capillaris L. L. Bentgrass, creeping—Agrostis stolonifera L. Red clover, medium—Trifolium pratense L. Bentgrass, velvet—Agrostis canina L. Clover, rose—Trifolium hirtum All. Bermudagrass—Cynodon dactylon (L.) Pers. Clover, small hop or suckling—Trifolium var. dactylon dubium Sibth. Bermudagrass, giant—Cynodon dactylon (L.) Clover, strawberry—Trifolium fragiferum L. Pers. var. aridus J.R. Harlan & de Wet Clover, sub or subterranean—Trifolium Bluegrass, annual—Poa annua L. subterraneum L. Bluegrass, bulbous—Poa bulbosa L. Clover, white—Trifolium repens L. (also see Bluegrass, Canada—Poa compressa L. Clover, ladino) Bluegrass, glaucantha—Poa glauca Vahl Clover—(also see Alyceclover, Burclover, Bluegrass, Kentucky—Poa pratensis L. Buttonclover, Sourclover, Sweetclover) Bluegrass, Nevada—Poa secunda J. Presl Corn, field—Zea mays L. subsp. mays Bluegrass, rough—Poa trivialis L. Corn, pop—Zea mays L. subsp. mays Bluegrass, Texas—Poa arachnifera Torr. Cotton—Gossypium spp. Bluegrass, wood—Poa nemoralis L. Cowpea—Vigna unguiculata (L.) Walp. subsp. Bluejoint—Calamagrostis canadensis (Michx.) unguiculata P. Beauv. Crambe—Crambe hispanica L. subsp. Bluestem, big—Andropogon gerardi Vitman Abyssinica Bluestem, little—Schizachyrium scoparium Crested dogtail—Cynosurus cristatus L. (Michx.) Nash Crotalaria, lance—Crotalaria lanceolata E. Bluestem, sand—Andropogon hallii Hack. Mey. Bluestem, yellow—Bothriochloa ischaemum Crotalaria, showy—Crotalaria spectabilis Roth (L.) Keng var. ischaemum Crotalaria, slenderleaf—Crotalaria brevidens Bottlebrush-squirreltail—Elymus elymoides Benth. var. intermedia (Kotschy) Polhill (Raf.) Swezey Crotalaria, striped or smooth—Crotalaria Brome, field—Bromus arvensis L. pallida Aiton Brome, meadow—Bromus biebersteinii Roem. Crotalaria, sunn or sunn hemp—Crotalaria & Schult. juncea L. Brome, mountain—Bromus carinatus var. Crownvetch—Securigera varia (L.) Lassen marginatus (Steud.) Barworth & Anderton Dallisgrass—Paspalum dilatatum Poir. Brome, smooth—Bromus inermis Leyss. subsp. Dichondra—Dichondra repens J.R. Forst. & G. inermis Forst. Broomcorn—Sorghum bicolor (L.) Moench Dropseed, sand—Sporobolus cryptandrus Buckwheat—Fagopyrum esculentum Moench (Torr.) A. Gray Buffalograss—Bouteloua dactyloides (Nutt.) Emmer—Triticum turgidum L. subsp. dicoccon Columbus (Schrank) Thell. Buffelgrass—Cenchrus ciliaris L. Fescue, Chewing’s—Festuca rubra L. subsp. Burclover, California—Medicago polymorpha commutata Gaudin L. Fescue, hair—Festuca filiformis Pourr. Burclover, spotted—Medicago arabica (L.) Fescue, hard—Festuca trachyphylla (Hack.) Huds. Krajina Burnet, little—Sanguisorba minor Scop. Fescue, meadow—Festuca pratensis Huds. Buttonclover—Medicago orbicularis (L.) Fescue, red—Festuca rubra L. subsp. rubra Bartal. Fescue, sheep—Festuca ovina L. Camelina—Camelina sativa (L.) Crantz subsp. Fescue, tall—Festuca arundinacea Schreb. sativa Flatpea—Lathyrus sylvestris L. Canarygrass—Phalaris canariensis L. Flax—Linum usitatissimum L. Canarygrass, reed—Phalaris arundinacea L. Foxtail, creeping—Alopecurus arundinaceus Carpetgrass—Axonopus fissifolius (Raddi) Poir. Kuhlm. Foxtail, meadow—Alopecurus pratensis L.

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Galletagrass—Pleuraphis jamesii Torr. Panicgrass, green—Megathyrsus maximus Grama, blue—Bouteloua gracilis (Kunth) Grif- (Jacq.) B. K. Simon & W. L. Jacobs fiths Pea, field—Pisum sativum L. var. arvense (L.) Grama, side-oats—Bouteloua curtipendula Poir. (Michx.) Torr. Peanut—Arachis hypogaea L. Guar—Cyamopsis tetragonoloba (L.) Taub. Poa trivialis—(see Bluegrass, rough) Guineagrass—Megathyrsus maximus (Jacq.) B. Radish—Raphanus sativus L. K. Simon & S. W. L. Jacobs Rape, annual—Brassica napus L. var. napus Hardinggrass—Phalaris aquatica L.’’, Rape, bird—Brassica rapa L. subsp. oleifera Hemp—Cannabis sativa L. subsp. sativa Rape, turnip—Brassica rapa L. subsp. oleifera Indiangrass, yellow—Sorghastrum nutans (L.) Rape, winter—Brassica napus L. var. napus Nash Redtop—Agrostis gigantea Roth Indigo, hairy—Indigofera hirsuta L. Rescuegrass—Bromus catharticus Vahl var. Japanese lawngrass—Zoysia japonica Steud. catharticus Johnsongrass—Sorghum halepense (L.) Pers. Rhodesgrass—Chloris gayana Kunth Kenaf—Hibiscus cannabinus L. Rice—Oryza sativa L. Kochia, forage—Bassia prostrata (L.) A. J. Ricegrass, Indian—Achnatherum hymenoides Scott (Roem. & Schult.) Barkworth Kudzu—Pueraria montana (Lour.) Merr. var. Roughpea—Lathyrus hirsutus L. lobata (Willd.) Sanjappa & Predeep Rye—Secale cereale L. subsp. cereale Lentil—Lens culinaris Medik. subsp. culinaris Rye, mountain—Secale strictum (C. Presl) C. Lespedeza, Korean—Kummerowia stipulacea Presl subsp. strictum (Maxim.) Makino Ryegrass, annual or Italian—Lolium Lam. Lespedeza, sericea or Chinese—Lespedeza multiflorum Ryegrass, intermediate—Lolium × hybridum cuneata (Dum. Cours.) G. Don Hausskn. Lespedeza, Siberian—Lespedeza juncea (L. f.) Ryegrass, perennial—Lolium perenne L. Pers. Ryegrass, Wimmera—Lolium rigidum Gaudin Lespedeza, striate—Kummerowia striata Safflower—Carthamus tinctorius L. (Thunb.) Schindl. Sagewort, Louisiana—Artemisia ludoviciana Lovegrass, sand—Eragrostis trichodes (Nutt.) Nutt. Alph. Wood Sainfoin—Onobrychis viciifolia Scop. Lovegrass, weeping—Eragrostis curvula Saltbush, fourwing—Atriplex canescens (Schrad.) Nees (Pursh) Nutt. Lupine, blue—Lupinus angustifolius L. Sesame—Sesamum indicum L. Lupine, white—Lupinus albus L. Sesbania—Sesbania exaltata (Raf.) A.W. Hill Lupine, yellow—Lupinus luteus L. Smilo—Oloptum miliaceum (L.) Ro¨ ser & Manilagrass—Zoysia matrella (L.) Merr. Hamasha Medic, black—Medicago lupulina L. Sorghum—Sorghum bicolor (L.) Moench Milkvetch or cicer milkvetch—Astragalus Sorghum almum—Sorghum × almum L. Parodi cicer L. Sorghum-sudangrass—Sorghum × drummondii Millet, browntop—Urochloa ramosa (L.) T. Q. (Steud.) Millsp. & Chase Nguyen Sorgrass—Rhizomatous derivatives of a Millet, foxtail—Setaria italica (L.) P. Beauv. johnsongrass × sorghum cross or a subsp. italica johnsongrass × sudangrass cross Millet, Japanese—Echinochloa esculenta (A. Southernpea—(See Cowpea) Braun) H. Scholz Sourclover—Melilotus indicus (L.) All. Millet, pearl—Cenchrus americanus (L.) Soybean—Glycine max (L.) Merr. Morrone Spelt—Triticum aestivum L. subsp. spelta (L.) Millet, proso—Panicum miliaceum L. subsp. Thell. miliaceum Sudangrass—Sorghum × drummondii (Steud.) Molassesgrass—Melinis minutiflora P. Beauv. Millsp. & Chase Mustard, black—Brassica nigra (L.) W.D.J. Sunflower—Helianthus annuus L. Koch Sweetclover, white—Melilotus albus Medik. Mustard, India—Brassica juncea (L.) Czern. Sweetclover, yellow—Melilotus officinalis var. juncea Lam. Mustard, white—Sinapis alba L. subsp. alba Sweet vernalgrass—Anthoxanthum odoratum Napiergrass—Cenchrus purpureus L. (Schumach.) Morrone Sweetvetch, northern—Hedysarum boreale Needlegrass, green—Nassella viridula (Trin.) Nutt. Barkworth Switchgrass—Panicum virgatum L. Oat—Avena byzantina K. Koch, A. sativa L., Teff—Eragrostis tef (Zuccagni) Trotter A. nuda L. Timothy—Phleum pratense L. Oatgrass, tall—Arrhenatherum elatius (L.) J. Timothy, turf—Phleum nodosum L. Presl & C. Presl subsp. elatius Tobacco—Nicotiana tabacum L. Orchardgrass—Dactylis glomerata L. Trefoil, big—Lotus uliginosus Schkuhr Panicgrass, blue—Panicum antidotale Retz. Trefoil, birdsfoot—Lotus corniculatus L.

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Triticale— × Triticosecale A. Camus (Secale × Artichoke—Cynara cardunculus L. Triticum) Asparagus—Asparagus officinalis L. Vaseygrass—Paspalum urvillei Steud. Asparagusbean or yard-long bean—Vigna Veldtgrass—Ehrharta calycina Sm. unguiculata (L.) Velvetbean—Mucuna pruriens (L.) DC. var. Walp. subsp. sesquipedalis (L.) Verdc. utilis (Wight) Burck Bean, garden—Phaseolus vulgaris L. var. Velvetgrass—Holcus lanatus L. vulgaris Vetch, common—Vicia sativa L. subsp. sativa Bean, Lima—Phaseolus lunatus L. Vetch, hairy—Vicia villosa Roth subsp. villosa Bean, runner or scarlet runner—Phaseolus Vetch, Hungarian—Vicia pannonica Crantz coccineus L. Vetch, monantha—Vicia articulata Hornem. Beet—Beta vulgaris L. subsp. vulgaris Vetch, narrowleaf or blackpod—Vicia sativa Broadbean—Vicia faba L. var. faba L. subsp. nigra (L.) Ehrh. Broccoli—Brassica oleracea L. var. italica Vetch, purple—Vicia benghalensis L. Plenck Vetch, woollypod or winter—Vicia villosa Brussels sprouts—Brassica oleracea L. var. Roth subsp. varia (Host) Corb. gemmifera Zenker Wheat, common—Triticum aestivum L. subsp. Burdock, great—Arctium lappa L. aestivum Cabbage—Brassica oleracea L. var. capitata L. Wheat, club—Triticum aestivum L. subsp. Cabbage, Chinese—Brassica rapa L. subsp. compactum (Host) Mackey pekinensis (Lour.) Hanelt Wheat, durum—Triticum turgidum L. subsp. Cabbage, tronchuda—Brassica oleracea L. var. durum (Desf.) Husn. costata DC. Wheat, Polish—Triticum turgidum L. subsp. Cantaloupe—(see Melon) polonicum (L.) Thell. Cardoon—Cynara cardunculus L. Wheat, poulard—Triticum turgidum L. subsp. Carrot—Daucus carota L. subsp. sativus turgidum (Hoffm.) Arcang. Wheat × Agrotricum—Triticum × Agrotriticum Cauliflower—Brassica oleracea L. var. botrytis Wheatgrass, beardless—Pseudoroegneria L. spicata (Pursh) a´ . Lo¨ ve Celeriac—Apium graveolens L. var. rapaceum Wheatgrass, crested or fairway crested— (Mill.) Gaudin Agropyron cristatum (L.) Gaertn. Celery—Apium graveolens L. var. dulce (Mill.) Wheatgrass, crested or standard crested— Pers. Agropyron desertorum (Link) Schult. Chard, Swiss—Beta vulgaris L. subsp. vulgaris Wheatgrass, intermediate—Thinopyrum inter- Chicory—Cichorium intybus L. medium (Host) Barkworth & D.R. Dewey Chives—Allium schoenoprasum L. subsp. intermedium Citron melon—Citrullus lanatus (Thunb.) Wheatgrass, pubescent—Thinopyrum inter- Matsum. & Nakai var. citroides (L.H. Bai- medium (Host) Barkworth & D.R. Dewey ley) Mansf. subsp. barbulatum (Schur) Barkworth & Collards—Brassica oleracea L. var. viridis L. D.R. Dewey Corn, sweet—Zea mays L. subsp. mays Wheatgrass, Siberian—Agropyron fragile Cornsalad—Valerianella locusta (L.) Laterr. (Roth) P. Candargy Cowpea—Vigna unguiculata (L.) Walp. subsp. Wheatgrass, slender—Elymus trachycaulus unguiculata (Link) Shinners subsp. trachycaulus Cress, garden—Lepidium sativum L. Wheatgrass, streambank—Elymus lanceolatus Cress, upland—Barbarea verna (Mill.) Asch. (Scribn. & J.G. Sm.) Gould subsp. riparius Cress, water—Nasturtium officinale R. Br. (Scribn. & J.G. Sm.) Barkworth Cucumber—Cucumis sativus L. Wheatgrass, tall—Thinopyrum elongatum Dandelion—Taraxacum officinale F.H. Wigg. (Host) D.R. Dewey Dill—Anethum graveolens L. Wheatgrass, western—Pascopyrum smithii Eggplant—Solanum melongena L. (Rydb.) Barkworth & D.R. Dewey Endive—Cichorium endivia L. subsp. endivia Wildrye, basin—Leymus cinereus (Scribn. & Favabean (see Broadbean) Merr.) a´ . Lo¨ ve Gherkin, West India—Cucumis anguria L. var. Wildrye, Canada—Elymus canadensis L. anguria Wildrye, Russian—Psathyrostachys juncea Kale—Brassica oleracea L. var. viridis L. (Fisch.) Nevski Kale, Chinese—Brassica oleracea L. var. Zoysia japonica—(see Japanese alboglabra (L.H. Bailey) Musil lawngrass) Kale, Siberian—Brassica napus L. var. Zoysia matrella—(see Manilagrass) pabularia (DC.) Rchb. (i) Vegetable seeds. The term ‘‘vege- Kohlrabi—Brassica oleracea L. var. gongylodes table seeds’’ means the seeds of the fol- L. Leek—Allium porrum L. lowing kinds that are or may be grown Lettuce—Lactuca sativa L. in gardens or on truck farms and are or Melon—Cucumis melo L. subsp. melo may be generally known and sold under Muskmelon—(see Melon). the name of vegetable seeds: Mustard, India—Brassica juncea (L.) Czern.

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Mustard, spinach—Brassica rapa var. for transportation in interstate com- perviridis L.H. Bailey merce. Such information includes seed Okra—Abelmoschus esculentus (L.) Moench samples and records of declarations, la- Onion—Allium cepa L. var. cepa Onion, bunching (see Onion, Welsh) bels, purchases, sales, cleaning, bulk- Onion, Welsh—Allium fistulosum L. ing, chemical or biological treatment, Pak-choi—Brassica rapa L. subsp. chinensis handling, storage, analyses, tests, and (L.) Hanelt examinations. Parsley—Petroselinum crispum (Mill.) A.W. (2) The complete record kept by each Hill person for each treatment substance or Parsnip—Pastinaca sativa L. subsp. sativa Pea—Pisum sativum L. subsp. sativum lot of seed consists of the information Pepper—Capsicum spp. pertaining to his own transactions and Pe-tsai—(see Chinese cabbage). the information received from others Pumpkin—Cucurbita pepo L., C. moschata pertaining to their transactions with Duchesne, and C. maxima Duchesne respect to each treatment substance or Radicchio (see Chicory) lot of seed. Radish—Raphanus sativus L. Rhubarb—Rheum × hybridum Murray (m) Declaration. The term ‘‘declara- Rutabaga—Brassica napus L. var. tion’’ means a written statement of a napobrassica (L.) Rchb. grower, shipper, processor, dealer, or Sage—Salvia officinalis L. importer giving for any lot of seed the Salsify—Tragopogon porrifolius L. kind, variety, type, origin, or the use Savory, summer—Satureja hortensis L. for which the seed is intended. Sorrel—Rumex acetosa L. Southernpea—(see Cowpea) (n) Declaration of origin. The term Soybean—Glycine max (L.) Merr. ‘‘declaration of origin’’ means a dec- Spinach—Spinacia oleracea L. laration of a grower or country shipper Spinach, New Zealand—Tetragonia in the United States stating for each tetragonoides (Pall.) Kuntze lot of agricultural seed (1) kind of seed, Squash—Cucurbita pepo L., C. moschata (2) lot number or other identification, Duchesne, and C. maxima Duchesne (3) State where seed was grown and the Tomato—Solanum lycopersicum L. Tomato, husk—Physalis pubescens L. county where grown if to be labeled Turnip—Brassica rapa L. subsp. rapa showing the origin as a portion of a Watermelon—Citrullus lanatus (Thunb.) State, (4) quantity of seed, (5) date Matsum. & Nakai var. lanatus shipped or delivered, (6) to whom sold, (j) Regulations. The term ‘‘regula- shipped, or delivered, and (7) the signa- tions’’ means the rules and regulations ture and address of the grower or coun- promulgated by the Secretary of Agri- try shipper issuing the declaration. If culture and the joint rules and regula- the declaration is issued by a grower tions promulgated by the Secretary of and the identity of the person deliv- the Treasury and the Secretary of Ag- ering the seed is unknown to the re- riculture under the Act. ceiver, the motor vehicle license num- (k) Joint regulations. The term ‘‘joint ber or other identification of the deliv- regulations’’ means the joint rules and ering agency should be entered on the regulations promulgated by the Sec- declaration by the receiver. If a coun- retary of the Treasury and the Sec- try shipper’s declaration includes seed retary of Agriculture. shipped or delivered to him by another (l) Complete record. (1) The term country shipper, it shall give for each ‘‘complete record’’ means information lot the other country shipper’s lot which relates to the origin, treatment number as included in the other coun- (including but not limited to coating, try shipper’s declaration of origin. film coating, encrusting, or pelleting), (o) Declaration of kind, variety, or type. germination, and purity (including va- The term ‘‘declaration of kind, variety, riety) of each lot of agricultural seed or type’’ means a declaration of a transported or delivered for transpor- grower stating for each lot of seed (1) tation in interstate commerce, or the name of the kind, variety, or type which relates to the treatment (includ- stated in accordance with §§ 201.9 ing but not limited to coating, film through 201.12, (2) lot number or other coating, encrusting, or pelleting), ger- identification, (3) place where seed was mination, and variety of each lot of grown, (4) quantity of seed, (5) date vegetable seed transported or delivered shipped or delivered, (6) to whom sold,

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shipped or delivered, and (7) the signa- more inbred lines; (2) one inbred or a ture and address of the grower issuing single cross with an open pollinated va- the declaration. riety; or (3) two selected clones, seed (p) Mixture. The term ‘‘mixture’’ lines, varieties, or species. ‘‘Control- means seeds consisting of more than ling the pollination’’ means to use a one kind or variety, each present in ex- method of hybridization which will cess of 5 percent by weight of the produce pure seed which is at least 75 whole. A mixture of varieties of a sin- percent hybrid seed. Hybrid designa- gle kind may be labeled as a blend. tions shall be treated as variety names. (q) Coated seed. The term ‘‘coated (z) Conditioning. For the purpose of seed’’ means any seed unit covered section 203 (b)(2)(C) of the Act the term with a coating material. ‘‘conditioning’’ means cleaning, scari- (r) Grower. The term ‘‘grower’’ means fying, or blending to obtain uniform any person who produces directly or quality, and other operations which through a growing contract, or is a would change the purity or germina- seed-crop sharer in seed which is sold, tion of the seed and therefore require offered for sale, transported, or offered retesting to determine the quality of for transportation. the seed, but does not include oper- (s) Country shipper. The term ‘‘coun- ations such as packaging, labeling, try shipper’’ means any person located blending together of uniform lots of in a producing area who purchases seed the same kind or variety without locally for shipment to seed dealers or cleaning, or the preparation of a mix- to other country shippers. ture without cleaning, any of which (t) Dealer. The term ‘‘dealer’’ means would not require retesting to deter- any person who cleans, processes, sells, mine the quality of the seed. offers for sale, transports, or delivers (aa) Agricultural Marketing Service for transportation seeds in interstate means the Agricultural Marketing commerce. Service, United States Department of (u) Consumer. The term ‘‘consumer’’ Agriculture. means any person who purchases or (bb) Breeder seed. Breeder seed is a otherwise obtains seed for sowing but class of certified seed directly con- not for resale. trolled by the originating or spon- (v) Lot of seed. The term ‘‘lot of seed’’ soring plant breeding institution, or means a definite quantity of seed iden- person, or designee thereof, and is the tified by a lot number, every portion or source for the production of seed of the bag of which is uniform, within per- other classes of certified seed. mitted tolerances, for the factors (cc) Foundation seed. Foundation seed which appear in the labeling. is a class of certified seed which is the (w) Purity. The term ‘‘purity’’ means progeny of Breeder or Foundation seed the name or names of the kind, type, or and is produced and handled under pro- variety and the percentage or percent- cedures established by the certifying ages thereof; the percentage of other agency, in accordance with this part, agricultural seed; the percentage of for producing the Foundation class of weed seeds, including noxious-weeds seed, for the purpose of maintaining ge- seeds; the percentage of inert matter; netic purity and identity. and the names of the noxious-weed (dd) Registered seed. Registered seed is seeds and the rate of occurrence of a class of certified seed which is the each. progeny of Breeder or Foundation seed (x) Inoculant. The term ‘‘inoculant’’ and is produced and handled under pro- means a product consisting of micro- cedures established by the certifying organisms applied to the seed for the agency, in accordance with this part, purpose of enhancing the availability for producing the Registered class of or uptake of plant nutrients through seed, for the purpose of maintaining ge- the root system. netic purity and identity. (y) Hybrid. The term ‘‘hybrid’’ ap- (ee) Certified seed. Certified seed is a plied to kinds or varieties of seed class of certified seed which is the means the first generation seed of a progeny of Breeder, Foundation, or cross produced by controlling the polli- Registered seed, except as provided in nation and by combining (1) two or § 201.70, and is produced and handled

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under procedures established by the sellers and differentiates that seed certifying agency, in accordance with from the seed of other sellers. this part, for producing the Certified [5 FR 28, Jan. 4, 1940] class of seed, for the purpose of maintaining genetic purity and identity. EDITORIAL NOTE: For FEDERAL REGISTER ci- (ff) Off-type. The term ‘‘off-type’’ tations affecting § 201.2, see the List of CFR Sections Affected, which appears in the means a plant or seed which deviates in Finding Aids section of the printed volume one or more characteristics from that and at www.govinfo.gov. which has been described in accordance with § 201.68(c) as being usual for the ADMINISTRATION strain or variety. (gg) Inbred line. The term ‘‘inbred § 201.3 Administrator. line’’ means a relatively true-breeding The Administrator of the Agricul- strain resulting from at least five suc- tural Marketing Service may perform cessive generations of controlled self- such duties as the Secretary requires fertilization or of backcrossing to a re- in enforcing the provisions of the Act current parent with selection, or its and of the regulations in this part. equivalent, for specific characteristics. [85 FR 40579, July 7, 2020] (hh) Single cross. The term ‘‘single cross’’ means the first generation hy- RECORDS FOR AGRICULTURAL AND brid between two inbred lines. VEGETABLE SEEDS (ii) Foundation single cross. The term ‘‘foundation single cross’’ means a sin- § 201.4 Maintenance and accessibility. gle cross used in the production of a (a) Each person transporting or deliv- double cross, a three-way, or a top ering for transportation in interstate cross. commerce agricultural or vegetable (jj) Double cross. The term ‘‘double seed subject to the Act shall keep for a cross’’ means the first generation hy- period of 3 years a complete record of brid between two single crosses. each lot of such seed so transported or (kk) Top cross. The term ‘‘top cross’’ delivered, including a sample rep- means the first generation hybrid of a resenting each lot of such seed, except cross between an inbred line and an that any seed sample may be discarded open-pollinated variety or the first- 1 year after the entire lot represented generation hybrid between a single by such sample has been disposed of by cross and an open-pollinated variety. such person. (ll) Three-way cross. The term ‘‘three- (b) Each sample of agricultural seed way cross’’ means a first generation retained shall be at least the weight re- hybrid between a single cross and an quired for a noxious-weed seed exam- inbred line. ination as set forth in § 201.46 and each sample of vegetable seed retained shall (mm) Open-pollination. The term consist of at least 400 seeds. The record ‘‘open-pollination’’ means pollination shall be kept in such manner as to per- that occurs naturally as opposed to mit comparison with the records re- controlled pollination, such as by quired to be kept by other persons for detasseling, cytoplasmic male ste- the same lot of seed so that the origin, rility, self-incompatibility or similar treatment (including, but not limited processes. to, coating, film coating, encrusting, or (nn) Coating material. The term pelleting), germination, and purity (in- ‘‘coating material’’ means any sub- cluding variety) of agricultural seed stance that changes the size, shape, or and the treatment (including, but not weight of the original seed. Ingredients limited to, coating, film coating, such as rhizobia, dyes, polymers, encrusting, or pelleting), germination biologicals, and pesticides are not coat- and variety of vegetable seed may be ing material for purposes of this part. traced from the grower to the ultimate (oo) Brand. The term ‘‘brand’’ means consumer and so that the lot of seed a name, term, sign, symbol, or design, may be correctly labeled. The record or a combination of them that identi- shall be accessible for inspection by fies the seed of one seller or group of the authorized agents of the Secretary

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for purposes of the effective adminis- and kept by the person procuring the tration of the Act at any time during seed from the grower. A copy of the customary business hours. grower’s declaration and a sample of [24 FR 3951, May 15, 1959, as amended at 32 the seed shall be retained by the grow- FR 12778, Sept. 6, 1967; 85 FR 40579, July 7, er. 2020] [5 FR 30, Jan. 4, 1940, as amended at 20 FR § 201.5 Origin. 7929, Oct. 21, 1955; 24 FR 3951, May 15, 1959; 85 FR 40579, July 7, 2020] (a) The complete record for any lot of seed of alfalfa, red clover, white clover, § 201.7a Treated seed. or field corn, except hybrid seed corn, The complete record for any lot con- shall include a declaration of origin, or sisting of or containing treated seed information traceable to a declaration shall include records necessary to dis- of origin or evidence showing that a declaration of origin could not be ob- close the name of any substance or sub- tained. stances used in the treatment of such (b) Each country shipper shall retain seed, including a label or invoice or a copy of each declaration which he other document received from any per- issues and shall attach thereto a de- son establishing the name of any sub- tailed record showing the names and stance or substances used in the treat- addresses of growers or country shipment to be as stated, and a representa- pers from whom the seed was pur- tive sample of the treated seed. chased, the quantity of seed purchased [32 FR 12778, Sept. 6, 1967] from each, and the date on which it was delivered to him. LABELING AGRICULTURAL SEEDS [5 FR 30, Jan. 4, 1940, as amended at 20 FR 7929, Oct. 21, 1955] § 201.8 Contents of the label. The label shall contain the required § 201.6 Germination. information in any form that is clearly The complete record shall include legible and complies with the regula- the records of all laboratory tests for tions in this part. The information germination and hard seed for each lot may be on a tag attached securely to of seed offered for transportation in the container, or may be printed in a whole or in part. The record shall show conspicuous manner on a side or the the kind of seed, lot number, date of top of the container. The label may test, percentage of germination and contain information in addition to that hard seeds, and such other information required by the Act, provided such in- as may be necessary to show the meth- formation is not misleading. od used. [5 FR 30 Jan. 4, 1940, as amended at 24 FR [5 FR 30, Jan. 4, 1940] 3952, May 15, 1959; 85 FR 40579, July 7, 2020]

§ 201.7 Purity (including variety). § 201.9 Kind. The complete record for any lot of The name of each kind of seed seed shall include (a) records of tests, present in excess of 5 percent shall be including statements of weed seeds, shown on the label and need not be ac- noxious weed seeds, inert matter, other companied by the word ‘‘kind.’’ When agricultural seeds, and of any deter- two or more kinds of seed are named on minations of kind, variety, or type and the label, the name of each kind shall a description of the methods used; and be accompanied by the percentage of (b) for seeds indistinguishable by seed each. When only one kind of seed is characteristics, records necessary to present in excess of 5 percent and no disclose the kind, variety, or type, in- variety name or type designation is cluding a grower’s declaration of kind, shown, the percentage of that kind variety, or type or an invoice, or other may be shown as ‘‘pure seed’’ and such document establishing the kind, vari- percentage shall apply only to seed of ety, or type to be that stated, and a the kind named. representative sample of the seed. The grower’s declaration shall be obtained [5 FR 30, Jan. 4, 1940]

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§ 201.10 Variety. or more varieties all of which conform to the type designation. (a) The following kinds of agricul- (c) If the name of a variety is used as tural seeds are generally labeled as to a part of the type designation, the seed variety and shall be labeled to show shall be of that variety and may con- the variety name or the words ‘‘Vari- tain: (1) An admixture of seed of other ety Not Stated.’’ indistinguishable varieties of the same Alfalfa; Bahiagrass; Barley; Bean, field; kind and of similar character; or, (2) an Beet, field; Brome, smooth; Broomcorn; Clo- admixture of indistinguishable seeds ver, crimson; Clover, red; Clover, white; having genetic characteristics dis- Corn, field; Corn, pop; Cotton; Cowpea; similar to the variety named by reason Crambe; Fescue, tall; Flax; Lespedeza, stri- of cross-fertilization with other vari- ate; Millet, foxtail; Millet, pearl; Oat; Pea, field; Peanut; Radish; Rice; Rye; Safflower; eties. In either case, at least 90 percent Sorghum; Sorghum-sudangrass, Soybean; of the pure seed shall be of the variety Sudangrass; Sunflower; Tobacco; Trefoil, named or upon growth shall produce birdsfoot; Triticale; Wheat, common; Wheat, plants having characteristics similar durum. to the variety named. (b) If the name of the variety is [5 FR 30, Jan. 4, 1940] given, the name may be associated with the name of the kind with or § 201.11a Hybrid. without the words ‘‘kind and variety.’’ If any one kind or kind and variety of The percentage in such case, which seed present in excess of 5 percent is may be shown as ‘‘pure seed,’’ shall ‘‘hybrid’’ seed, it shall be designated apply only to seed of the variety ‘‘hybrid’’ on the label. The percentage named, except for the labeling of hy- that is hybrid shall be at least 95 per- brids as provided in § 201.11a. If sepa- cent of the percentage of pure seed rate percentages for the kind and the shown unless the percentage of pure variety or hybrid are shown, the name seed which is hybrid seed is shown sep- of the kind and the name of the variety arately. If two or more kinds or vari- or the term ‘‘hybrid’’ shall be clearly eties are present in excess of 5 percent associated with the respective percent- and are named on the label, each that ages. When two or more varieties are is hybrid shall be designated as hybrid present in excess of 5 percent and are on the label. Any one kind or kind and named on the label, the name of each variety that has pure seed which is less variety shall be accompanied by the than 95 percent but more than 75 per- percentage of each. cent hybrid seed as a result of incom- [32 FR 12778, Sept. 6, 1967, and 33 FR 10840, pletely controlled pollination in a July 31, 1968, as amended at 35 FR 6108, Apr. cross shall be labeled to show (a) the 15, 1970; 59 FR 64491, Dec. 14, 1994; 85 FR 40579, percentage of pure seed that is hybrid July 7, 2020] seed or (b) a statement such as ‘‘Con- tains from 75 percent to 95 percent hy- § 201.11 Type. brid seed.’’ No one kind or variety of (a) When type is designated, such des- seed shall be labeled as hybrid if the ignation may be associated with the pure seed contains less than 75 percent name of the kind but shall in all cases hybrid seed. be clearly associated with the word [33 FR 10840, July 31, 1968] ‘‘type.’’ The percentage, which may be shown as ‘‘pure seed’’, shall apply only § 201.12 Name of kind and variety. to the type designated. If separate percentages for the kind and the type are The representation of kind or kind shown, such percentages shall be clear- and variety shall be confined to the ly associated with the name of the kind name of the kind or kind and variety and the name of the type. determined in accordance with § 201.34. The name shall not have affixed there- (b) If the type designation does not to words or terms that create a mis- include a variety name, it shall include leading impression as to the history or a name descriptive of a group of vari- characteristics of the kind or variety. eties of similar character and the pure seed shall be at least 90 percent of one [20 FR 7929, Oct. 21, 1955]

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§ 201.12a Seed mixtures. § 201.16 Noxious-weed seeds. Seed mixtures intended for seeding/ (a) Except for those kinds of noxious- planting purposes shall be designated weed seeds shown in paragraph (b) of as a mixture on the label and each seed this section, the names of the kinds of component shall be listed on the label noxious-weed seeds and the rate of oc- in the order of predominance. currence of each shall be expressed in the label in accordance with, and the [85 FR 40579, July 7, 2020] rate of occurrence shall not exceed the rate permitted by, the law and regula- § 201.13 Lot number or other identi- tions of the State into which the seed fication. is offered for transportation or is The lot number or other identifica- transported. If in the course of such tion shall be shown on the label and transportation, or thereafter, the seed shall be the same as that used in the is diverted to another State of destina- records pertaining to the same lot of tion, the person or persons responsible seed. for such diversion shall cause the seed to be relabeled with respect to the nox- [5 FR 30, Jan. 4, 1940, as amended at 59 FR ious-weed seed content, if necessary to 64491, Dec. 14, 1994] conform to the laws and regulations of the State into which the seed is di- § 201.14 Origin. verted. (a) Alfalfa, red clover, white clover, (b) Seeds or bulblets of the following and field corn (except hybrid seed corn) plants shall be considered noxious-weed shall be labeled to show: (1) The origin, seeds in agricultural and vegetable if known; or (2) if the origin is not seeds transported or delivered for known, the statement ‘‘origin un- transportation in interstate commerce known.’’ (including Puerto Rico, Guam, and the (b) Whenever such seed originates in District of Columbia). Agricultural or more than one State, the name of each vegetable seed containing seeds or State and the percentage of seed origi- bulblets of these kinds shall not be nating in each State shall be given in transported or delivered for transportation in interstate commerce. Nox- the order of its predominance. When- ious-weed seeds include the following ever such seed originates in a portion species on which no tolerance will be of a State, it shall be permissible to applied: label such seed as originating in such portion of a State. Aeginetia spp. (c) Reasonable precautions to insure Ageratina adenophora (Spreng.) King and H.E. Robins. that the origin of seed is known shall Alectra spp. include the maintaining of a record as Alternanthera sessilis (L.) DC. described in § 201.5. The examination of Asphodelus fistulosus L. the seed and any pertinent facts may Avena sterilis L. (including Avena ludoviciana be taken into consideration in deter- Dur.) Azolla pinnata R. Br. mining whether reasonable precautions Carthamus oxyacantha M. Bieb have been taken to insure the origin to Cenchrus caudatus (Schrad.) Kuntze be that which is represented. Cenchrus clandestinus Morrone Cenchrus pedicellatus (Trin.) Morrone [5 FR 31, Jan. 4, 1940, as amended at 20 FR Cenchrus polystachios (L.) Morrone 7929, Oct. 21, 1955; 32 FR 12779, Sept. 6, 1967] Chrysopogon aciculatus (Retz.) Trin. Commelina benghalensis L. § 201.15 Weed seeds. Crupina vulgaris Cass. The percentage of weed seeds shall Digitaria abyssinica Stapf. (=D. scalarum (Schweinf.) Chiov.) include seeds of plants considered Digitaria scalarum (Schweinfurth) Chiovenda weeds in the State into which the seed Dinebra chinensis (L.) P. M. Peterson & N. is offered for transportation or trans- Snow ported and shall include noxious weed Drymaria arenarioides Roem. and Schult. seeds. Eichornia azurea (Sw.) Kunth Galega officinalis L. [5 FR 31, Jan. 4, 1940] Heracleum mantegazzianum Sommier & Levier

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Homeria spp. Solanum viarum Dunal Hydrilla verticillata (L. f.) Royle Sparaganium erectum L. Hygrophila polysperma T. Anders. Spermacoce alata (Aublet) de Candolle Imperata brasiliensis Trin. Striga spp. Imperata cylindrica (L.) Raeusch. Tridax procumbens L. Ipomoea aquatica Forsk. Urochloa panicoides Beauv. Ischaemum rugosum Salisb. Lagarosiphon major (Ridley) Moss [65 FR 1706, Jan. 11, 2000, as amended at 76 Limnophila sessiliflora (Vahl) Blume FR 31794, June 2, 2011] Lycium ferocissimum Miers Melaleuca quinquenervia (Cav.) Blake § 201.17 Noxious-weed seeds in the Dis- Melastoma malabathricum L. trict of Columbia. Mikania cordata (Burm. f.) B.L. Robins. Mikania micrantha H.B.K. (a) Noxious-weed seeds in the District Mimosa invisa Mart. of Columbia are: Quackgrass (Elymus Mimosa pigra L. var. pigra repens), Canada thistle (Cirsium Monochoria hastata (L.) Sloms-Laub. arvense), field bindweed (Convolvulus Monochoria vaginalis (Burm. f.) K.B. Presl arvensis), bermudagrass (Cynodon Nassella trichotoma (Nees) Arechavaleta Opuntia aurantiaca Lindl. dactylon), giant bermudagrass (Cynodon Oryza longistaminata A. Cheval. and Roehr. dactylon var. aridus), annual bluegrass Oryza punctata Steud. (Poa annua), and wild garlic or wild Oryza rufipogon Griff. onion (Allium canadense or Allium Ottelia alismoides (L.) Pers. vineale). The name and number per Paspalum scrobiculatum L. pound of each kind of such noxious- Prosopis alapataco R.A. Philippi weed seeds present shall be stated on Prosopis argentina Burkart the label. Prosopis articulata S. Watson Prosopis burkartii Munoz (b) [Reserved] Prosopis caldenia Burkart [65 FR 1707, Jan. 11, 2000, as amended at 85 Prosopis calingastana Burkart FR 40579, July 7, 2020] Prosopis campestris Griseb. Prosopis castellanosii Burkart Prosopis denudans Benth. § 201.18 Other agricultural seeds. Prosopis elata (Burkart) Burkart Agricultural seeds other than those Prosopis farcta (Russell) Macbride included in the percentage or percent- Prosopis ferox Griseb. ages of kind, variety, or type may be Prosopis fiebrigii Harms Prosopis hassleri Harms expressed as ‘‘other crop seeds,’’ but Prosopis humilis Hook. and Arn. the percentage shall include collec- Prosopis kuntzei Harms tively all kinds, varieties, or types not Prosopis pallida (Willd.) H.B.K. named upon the label. Prosopis palmeri S. Watson Prosopis reptans Benth. var. reptans [85 FR 40579, July 7, 2020] Prosopis rojasiana Burkart Prosopis ruizlealii Burkart § 201.19 Inert matter. Prosopis ruscifolia Griseb. The label shall show the percentage Prosopis sericantha Hook. and Arn. Prosopis strombulifera (Lam.) Benth. by weight of inert matter. Prosopis torquata (Lagasca) DC. [5 FR 31, Jan. 4, 1940] Rottboellia cochinchinensis (Lour.) Clayton Rubus moluccanus L. § 201.20 Germination Rubus plicatus Weihe & Nees Rumex hypogaeus T.M. Schust & Reveal The label shall show the percentage Rumex spinosus L. of germination for each kind, kind and Saccharum spontaneum L. variety, kind and type, or kind and hy- Sagittaria sagittifolia L. brid of agricultural seed comprising Salsola vermiculata L. Salvinia auriculata Aubl. more than 5 percent of the whole. The Salvinia biloba Raddi label shall show the percentage of ger- Salvinia herzogii de la Sota mination for each kind, kind and vari- Salvinia molesta D.S. Mitchell ety, kind and type, or kind and hybrid Senecio inaequidens DC. of agricultural seed comprising 5 per- Setaria pallide-fusca (Schumach.) Stapf and cent of the whole or less if the seed is Hubb. identified individually on the label. Solanum tampicense Dunal Solanum torvum Sw. [85 FR 40579, July 7, 2020]

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§ 201.21 Hard seed or dormant seed. § 201.23 Seller and buyer information. The label shall show the percentage Consumer packages or containers of of hard seed or dormant seed, as de- agricultural seed for interstate ship- fined in § 201.57 or § 201.57a, if any is ment must be labeled as follows: present. The percentages of hard seed (a) The full name and address of the and dormant seed shall not be included interstate shipper or a code designa- as part of the germination percentage. tion identifying the interstate shipper, pursuant to § 201.24, must be printed on [85 FR 40579, July 7, 2020] the label. § 201.22 Date of test. (b) If pursuant to paragraph (a) only a code is used to identify the interstate (a) The label shall show the month shipper, the full name and address of and year in which the germination test the consignee must appear on the label. was completed. No more than 5 cal- (c) For purposes of this section and endar months shall have elapsed be- § 201.24, the term shipper means the tween the last day of the month in seller or consignor who puts the seed which the germination test was com- into interstate commerce, and the pleted and the date of transportation term consignee means the buyer or re- or delivery for transportation in inter- cipient of the seed shipment. state commerce, except for seed in hermetically sealed containers as provided [85 FR 40579, July 7, 2020] in § 201.36c in which case no more than 24 calendar months shall have elapsed § 201.24 Code designation. between the last day of the month in The code designation used in lieu of which the germination test was com- the full name and address of the inter- pleted prior to packaging and the date state shipper pursuant to § 201.23(a) of transportation or delivery for trans- shall be approved by the Administrator portation in interstate commerce. of the Agricultural Marketing Service (b) In the case of a seed mixture, it is (AMS) or such other person designated only necessary to state the calendar by the Administrator for the purpose. month and year of such test for the When used, the AMS code designation kind or variety or type of agricultural shall appear on the label in a clear and seed contained in such mixture which legible manner, along with the full has the oldest calendar month and year name and address of the consignee. test date among the test conducted on [85 FR 40580, July 7, 2020] all the kinds or varieties or types of agricultural seed contained in such § 201.24a Inoculated seed. mixture. Seed claimed to be inoculated shall (c) The following kinds shall be test- be labeled to show the month and year ed within the indicated time before beyond which the inoculant on the seed interstate shipment: is no longer claimed to be effective by Months a statement such as, ‘‘Inoculant not from test claimed to be effective Agricultural seeds and mixtures thereof date to shipment afterllll(Month and year).’’

Bentgrass, Colonial ...... 15 [32 FR 12779, Sept. 6, 1967] Bentgrass, Creeping ...... 15 Bluegrass, Kentucky ...... 15 LABELING VEGETABLE SEEDS Fescue, Chewings ...... 15 Fescue, Hard ...... 15 § 201.25 Contents of the label. Fescue, Red ...... 15 Fescue, Tall ...... 15 Vegetable seed in packets and in Ryegrass, Annual ...... 15 larger containers shall be labeled with Ryegrass, Perennial ...... 15 the required information in any form that is clearly legible. Any tag used [5 FR 31, Jan. 4, 1940, as amended at 32 FR shall be securely attached to the con- 12779, Sept. 6, 1967; 49 FR 1172, Jan. 10, 1984; tainer. The label may contain informa- 59 FR 64491, Dec. 14, 1994] tion in addition to that required by the

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Act, provided such information is not seller or consignor who puts the seed misleading. into interstate commerce, and the [5 FR 31, Jan. 4, 1940, as amended at 85 FR term consignee means the buyer or re- 40580, July 7, 2020] cipient of the seed shipment.

§ 201.26 Kind, variety, and hybrid. [85 FR 40580, July 7, 2020] The label shall bear the name of each § 201.28 Code designation. kind and variety present as determined in accordance with § 201.34. The name The code designation used in lieu of shall not have affixed thereto words or the full name and address of the inter- terms that create a misleading impres- state shipper pursuant to § 201.27(a) sion as to the history or characteris- shall be approved by the Administrator tics of kind or variety. If two or more of the Agricultural Marketing Service kinds or varieties are present, the per- (AMS) or such other person designated centage of each shall be shown. If any by the Administrator for the purpose. one kind or variety named on the label When used, the AMS code designation is ‘‘hybrid’’ seed, it shall be so des- shall appear on the label in a clear and ignated on the label. If two or more legible manner, along with the full kinds or varieties are named on the name and address of the consignee. label, each that is hybrid shall be shown as ‘‘hybrid’’ on the label. Any [85 FR 40580, July 7, 2020] kind or variety that is less than 95 per- § 201.29 Germination of vegetable seed cent but more than 75 percent hybrid in containers of 1 pound or less. seed as a result of incompletely controlled pollination in a cross shall be Vegetable seeds in containers of 1 labeled to show (a) the percentage that pound or less which have a germination is hybrid seed or (b) a statement such percentage equal to or better than the as ‘‘Contains from 75 percent to 95 per- standard set forth in § 201.31 need not cent hybrid seed.’’ No one kind or vari- be labeled to show the percentage of ety of seed shall be labeled as hybrid if germination and date of test. Each va- it contains less than 75 percent hybrid riety of vegetable seed which has a ger- seed. mination percentage less than the [33 FR 10841, July 31, 1968, as amended at 59 standard set forth in § 201.31 shall have FR 64491, Dec. 14, 1994] the words ‘‘Below Standard’’ clearly shown in a conspicuous place on the § 201.26a Vegetable seed mixtures. label or on the face of the container in Vegetable seed mixtures for seeding/ type no smaller than 8 points. Each va- planting purposes shall be designated riety which germinates less than the as a mixture on the label, and each standard shall also be labeled to show seed component shall be listed on the the percentage of germination and the label in the order of predominance. percentage of hard seed (if any). [85 FR 40580, July 7, 2020] [85 FR 40580, July 7, 2020]

§ 201.27 Seller and buyer information. § 201.29a Germination of vegetable Consumer packages or containers of seed in containers of more than 1 vegetable seed for interstate shipment pound. must be labeled as follows: Each variety of vegetable seeds in (a) The full name and address of the containers of more than 1 pound shall interstate shipper or a code designa- be labeled to show the percentage of tion identifying the interstate shipper, germination and the percentage of hard pursuant to § 201.28, must be printed on seed (if any). the label. (b) If pursuant to paragraph (a) only [32 FR 12779, Sept. 6, 1967] a code is used to identify the interstate shipper, the full name and address of § 201.30 Hard seed. the consignee must appear on the label. The label shall show the percentage (c) For purposes of this section and of hard seed, if any is present, for any § 201.28, the term shipper means the seed required to be labeled as to the

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percentage of germination, and the perform to the laws and regulations of the centage of hard seed shall not be in- State into which the seed is diverted. cluded as part of the germination per- [85 FR 40580, July 7, 2020] centage. [32 FR 12779, Sept. 6, 1967] § 201.31 Minimum germination standards for vegetable seeds in inter- § 201.30a Date of test. state commerce. The following minimum germination When the percentage of germination standards for vegetable seeds in inter- is required to be shown, the label shall state commerce, which shall be con- show the month and year in which the strued to include hard seed, are deter- germination test was completed. No mined and established under section more than 5 calendar months shall 403(c) of the Act: have elapsed between the last day of the month in which the germination Percent test was completed and the date of Artichoke ...... 60 transportation or delivery for transpor- Asparagus ...... 70 tation in interstate commerce, except Asparagusbean ...... 75 for seed in hermetically sealed con- Bean, garden ...... 70 tainers in which case no more than 24 Bean, lima ...... 70 Bean, runner ...... 75 calendar months shall have elapsed be- Beet ...... 65 tween the last day of the month in Broadbean ...... 75 which the germination test was com- Broccoli ...... 75 Brussels sprouts ...... 70 pleted prior to packaging and the date Burdock, great ...... 60 of transportation or delivery for trans- Cabbage ...... 75 portation in interstate commerce. Cabbage, tronchuda ...... 70 Cardoon ...... 60 [32 FR 12779, Sept. 6, 1967] Carrot ...... 55 Cauliflower ...... 75 Celeriac ...... 55 § 201.30b Lot number or other lot iden- Celery ...... 55 tification of vegetable seed in con- Chard, Swiss ...... 65 tainers of more than 1 pound. Chicory ...... 65 Chinese cabbage ...... 75 The lot number or other lot identi- Chives ...... 50 fication of vegetable seed in containers Citron ...... 65 of more than 1 pound shall be shown on Collards ...... 80 Corn, sweet ...... 75 the label and shall be the same as that Cornsalad ...... 70 used in the records pertaining to the Cowpea ...... 75 same lot of seed. Cress, garden ...... 75 Cress, upland ...... 60 [35 FR 6108, Apr. 15, 1970] Cress, water ...... 40 Cucumber ...... 80 Dandelion ...... 60 § 201.30c Noxious-weed seeds of vege- Dill ...... 60 table seed in containers of more Eggplant ...... 60 than 1 pound. Endive ...... 70 Kale ...... 75 Except for those kinds of noxious- Kale, Chinese ...... 75 weed seeds shown in § 201.16(b), the Kale, Siberian ...... 75 names of kinds of noxious-weed seeds Kohlrabi ...... 75 Leek ...... 60 and the rate of occurrence of each shall Lettuce ...... 80 be expressed in the label in accordance Melon ...... 75 with, and the rate shall not exceed the Mustard, India ...... 75 rate permitted by, the law and regula- Mustard, spinach ...... 75 Okra ...... 50 tions of the State into which the seed Onion ...... 70 is offered for transportation or is Onion, Welsh ...... 70 transported. If in the course of such Pak-choi ...... 75 Parsley ...... 60 transportation, or thereafter, the seed Parsnip ...... 60 is diverted to another State of destina- Pea ...... 80 tion, the person or persons responsible Pepper ...... 55 for such diversion shall cause the seed Pumpkin ...... 75 Radish ...... 75 to be relabeled with respect to noxious- Rhubarb ...... 60 weed seed content, if necessary, to con- Rutabaga ...... 75

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Percent cepted coined names are free for general use by the public, are not private Sage ...... 60 Salsify ...... 75 trademarks, and are commonly recog- Savory, summer ...... 55 nized as names of particular sub- Sorrel ...... 65 stances, such as thiram, captan, lin- Soybean ...... 75 dane, and dichlone. Examples of com- Spinach ...... 60 Spinach, New Zealand ...... 40 monly accepted chemical (generic) Squash ...... 75 names are blue-stone, calcium car- Tomato ...... 75 bonate, cuprous oxide, zinc hydroxide, Tomato, husk ...... 50 Turnip ...... 80 hexachlorobenzene, and ethyl mercury Watermelon ...... 70 acetate. The terms ‘‘mercury’’ or ‘‘mercurial’’ may be used in labeling [59 FR 64491, Dec. 14, 1994, as amended at 85 all types of mercurials. Examples of FR 40580, July 7, 2020] commonly accepted abbreviated chemical names are BHC (1,2,3,4,5,6- LABELING IN GENERAL Hexachlorocyclohexane) and DDT (dichloro diphenyl trichloroethane). § 201.31a Labeling treated seed. (c) Mercurials and similarly toxic sub- (a) Contents of label. Any agricultural stances. (1) Seed treated with a mer- seed or any mixture thereof or any veg- curial or similarly toxic substance (En- etable seed or any mixture thereof, for vironmental Protection Agency Tox- seeding purposes, that has been treated icity Category I), if any amount re- shall be labeled in type no smaller than mains with the seed, shall be labeled to 8 point to indicate that the seed has show a representation of a skull and been treated and to show the name of crossbones at least twice the size of the any substance or a description of any type used for information required to process (other than application of a be on the label under paragraph (a) and substance) used in such treatment, in shall also include in red letters on a accordance with this section; for exam- background of distinctly contrasting ple, color a statement worded substantially as follows: ‘‘This seed has been treated Treated with llllllllll (name of substance or process) or llllllllll with Poison,’’ ‘‘Treated with Poison,’’ (name of substance or process) treated. ‘‘Poison treated,’’ or ‘‘Poison’’. The word ‘‘Poison’’ shall appear in type no If the substance used in such treatment less than 8 point. in the amount remaining with the seed (2) Mercurials and similarly toxic is harmful to humans or other substances (Environmental Protection vertebrate animals, the seed shall also Agency Toxicity Category I) include bear a label containing additional the following: statements as required by paragraphs (c) and (d) of this section. The label Aldrin, technical shall contain the required information Demeton Dieldrin in any form that is clearly legible and p-Dimethylaminobenzenediazo sodium complies with the regulations in this sulfonate part. The information may be on the Endrin tag bearing the analysis information or Ethion on a separate tag, or it may be printed Heptachlor in a conspicuous manner on a side or Mercurials, all types top of the container. Parathion (b) Name of substance or active ingre- Phorate dient. The name of any active ingre- Toxaphene dient substance as required by para- O - O - Diethyl-O-(isopropyl-4-methyl-6-py- graph (a) of this section shall be the rimidyl) thiophosphate O, O-Diethyl-S-2-(ethylthio) ethyl commonly accepted coined, chemical phosphorodithioate (generic), or abbreviated chemical name. The label shall include either Any amount of such substances re- the name of the genus and species or maining with the seed is considered the brand name as identified on bio- harmful within the meaning of this logical product labels. Commonly ac- section.

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(d) Other harmful substances. If a sub- tainer under sections 201 (a), (b), and (i) stance, other than one which would be of the Act need not be shown on each classified as a mercurial or similarly container; Provided, That: (1) The omis- toxic substance under paragraph (c) of sion from each container of a label this section, is used in the treatment of with the required information is with seed, and the amount remaining with the knowledge and consent of the con- the seed is harmful to humans or other signee prior to the transportation or vertebrate animals, the seed shall be delivery for transportation of such seed labeled with an appropriate caution in interstate commerce; (2) each con- statement in type no smaller than 8 tainer has stenciled upon it or bears a point worded substantially as follows: label containing a lot designation; and ‘‘Do not use for food,’’ ‘‘Do not use for (3) the invoice or other records accom- feed,’’ ‘‘Do not use for oil purposes,’’ or panying and pertaining to such seed ‘‘Do not use for food, feed, or oil pur- bear the various statements required poses.’’ Any amount of any substance, for the respective seeds. not within paragraph (c) of this sec- (b) Seed consigned to a seed cleaning tion, used in the treatment of the seed, or processing establishment, for clean- which remains with the seed is consid- ing or processing for seeding purposes, ered harmful within the meaning of need not be labeled to show the infor- this section when the seed is in con- mation required on each container tainers of more than 4 ounces, except under sections 201 (a), (b), and (i) of the that the following substances shall not Act if it is in bulk, or in containers and be deemed harmful when present at a in quantities of 20,000 pounds or more rate less than the number of parts per regardless of the number of lots in- million indicated: volved, and the invoice or other records accompanying and pertaining to such Allethrin—2 p.p.m. seed show that it is ‘‘Seed for proc- Malathion—8 p.p.m. Methoxyclor—2 p.p.m. essing,’’ or, if the seed is in containers Piperonyl butoxide—8 p.p.m. on oat and and in quantities less than 20,000 sorghum and 20 p.p.m. on all other seeds. pounds and each container bears a Pyrethrins—1 p.p.m. on oat and sorghum label with the words ‘‘Seed for proc- and 3 p.p.m. on all other seeds. essing.’’ If any such seed is later to be [24 FR 3953, May 15, 1959, as amended at 25 labeled as to origin and/or variety, the FR 8769, Sept. 13, 1960; 30 FR 7888, June 18, origin and/or variety as the case may 1965; 76 FR 31794, June 2, 2011; 85 FR 40580, be, shall be shown on the invoice if the July 7, 2020] seed is in bulk, otherwise, on a label, at the time of transportation to such es- § 201.32 Screenings. tablishment, except that if it is cov- Screenings shipped in interstate ered by a declaration of origin and/or commerce, if in containers, shall be la- variety it will be sufficient if the lot beled in a legible manner with letters designation appearing in the declara- not smaller than 18 point type and, if tion is placed on the invoice if the seed in bulk, shall be invoiced with the is in bulk, or on a label if the seed is in words, ‘‘Screenings for processing—not containers, regardless of the quantity. for seeding.’’ [24 FR 3953, May 15, 1959, as amended at 85 [5 FR 31, Jan. 4, 1940] FR 40580, July 7, 2020]

§ 201.33 Seed in bulk or large quan- § 201.34 Kind, variety, and type; treat- tities; seed for cleaning or proc- ment substances; designation as hy- essing. brid. (a) In the case of seed in bulk, the in- (a) Indistinguishable seed and treat- formation required under sections ment substances. Reasonable pre- 201(a), (b), and (i) of the Act shall ap- cautions to insure that the kind, vari- pear in the invoice or other records ac- ety, or type of indistinguishable agri- companying and pertaining to such cultural or vegetable seeds and names seed. If the seed is in containers and in of any treatment substance are prop- quantities of 20,000 pounds or more, re- erly stated shall include the maintain- gardless of the number of lots included, ing of the records described in § 201.7 or the information required on each con- § 201.7a. The examination of the seed

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and any pertinent facts may be taken However, if the variety name so pro- into consideration in determining vided is in a language not using the whether reasonable precautions have Roman alphabet, the variety shall be been taken to insure the kind, variety, given a name by the person authorized or type of seed or any treatment sub- under this paragraph to name the vari- stance on the seed is that which is ety, in a language using the Roman al- shown. Reasonable precautions in la- phabet. beling ryegrass seed as to kind shall in- (3) The variety name shall not be clude making or obtaining the results misleading. The same variety name of a fluorescence test unless (1) the shall not be assigned to more than one shortness of the time interval between variety of the same kind of seed. receipt of the seed lot and the shipment of the seed in interstate com- (4) The status under the Federal Seed merce, or (2) dormancy of the seeds in Act of a variety name is not modified the lot, or (3) other circumstances be- by the registration of such name as a yond the control of the shipper prevent trademark. such action before the shipment is (5) Names of varieties which through made. Reasonable precautions in label- broad general usage prior to July 28, ing ryegrass seed as to kind shall also 1956 were recognized variety names, ex- include keeping separate each lot la- cept for hybrid seed corn, shall be con- beled on the basis of a separate grow- sidered variety names without regard er’s declaration, invoice, or other docu- to the principles stated in paragraph ments. (d)(2) of this section. (b) Name of kind. The name of each (6) The variety name for any variety kind of agricultural or vegetable seed of hybrid seed corn first introduced is the name listed in § 201.2 (h) or (i), re- into commercial channels in the spectively, except that a name which United States for sale prior to October has become synonymous through broad 20, 1951, shall be any name used for general usage may be substituted such variety in such channels prior to therefor, provided the name does not that date. The variety name for any apply to more than one kind and is not variety of hybrid seed corn first intro- misleading. duced into commercial channels in the (c) Hybrid designation. Seed shall not United States for sale on or after Octo- be designated in labeling as ‘‘hybrid’’ ber 20, 1951, shall be the name assigned seed unless it comes within the defini- in accordance with paragraphs (d)(1) tion of ‘‘hybrid’’ in § 201.2(y). through (4) of this section. (d) Name of variety. The name of each (e) [Reserved] variety of agricultural or vegetable seed is the name determined in accord- [20 FR 7928, Oct. 21, 1955] ance with the following considerations: EDITORIAL NOTE: For FEDERAL REGISTER ci- (1) The variety name shall represent tations affecting § 201.34, see the List of CFR a subdivision of a kind, which is char- Sections Affected, which appears in the acterized by growth, plant, fruit, seed, Finding Aids section of the printed volume or other characters by which it can be and at www.govinfo.gov. differentiated from other sorts of the same kind. § 201.35 Blank spaces. (2) Except as otherwise provided in Blank spaces on the label shall be this section, the name of a new variety deemed to imply the word ‘‘None,’’ shall be the name given by the origi- when such interpretation is reasonable. nator or discoverer of the variety, except that in the event the originator or [5 FR 32, Jan. 4, 1940] discoverer of a new unnamed variety, at the time seed of the variety is first § 201.36 The words ‘‘free’’ and ‘‘none.’’ introduced into channels of commerce The words ‘‘free’’ and ‘‘none’’ shall be of the United States for sale to the construed to mean that none were public, cannot or chooses not to name found in a test complying with the the variety, the name of the variety methods set forth in §§ 201.45–201.52. shall be the first name under which the seed is introduced into such commerce. [5 FR 32, Jan. 4, 1940]

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MODIFYING STATEMENTS (d) Terms descriptive of the manner or method of production or processing § 201.36a Disclaimers and nonwarran- the seed (for example, certified, reg- ties. istered, delinted, scarified, treated, and A disclaimer, nonwarranty, or lim- hulled), may be associated with the ited warranty used in any invoice or name of the kind or variety of seed, other labeling, or advertisement shall providing such terms are not mis- not directly or indirectly deny or mod- leading. ify any information required by the act (e) Brand names and terms taken or the regulations in this part. from trademarks may be associated [15 FR 2394, Apr. 28, 1950] with the name of the kind or variety of seed as an indication of source: Pro- ADVERTISING vided, That the terms are clearly iden- § 201.36b Name of kind and variety; tified as being other than a part of the designation as hybrid. name of the kind or variety; for example, Ox Brand Golden Cross sweet corn. (a) The representation of the name of Seed shall not be advertised under a a kind or kind and variety of seed in any advertisement subject to the Act trademark or brand name in any man- shall be confined to the name of the ner that may create the impression kind or kind and variety determined in that the trademark or brand name is a accordance with § 201.34. The name variety name. If seed advertised under shall not have associated therewith a trademark or brand name is a mix- words or terms that create a mis- ture of varieties and if the variety leading impression as to the history or names are not stated in the adver- characteristics of the kind or kind and tising, a description similar to a vari- variety. Descriptive terms and firm etal description or a comparison with a names may be used in kind or variety named variety shall not be used if it names provided the descriptive terms creates the impression that the seed is or firm names are a part of the name or of a single variety. variety of seed; for example, Stringless [21 FR 4652, June 27, 1956, as amended at 32 Green Pod, Detroit Dark Red, Black FR 12780, Sept. 6, 1967; 59 FR 64491, Dec. 14, Seeded Simpson and Henderson Bush 1994; 85 FR 40580, July 7, 2020] Lima. Seed shall not be designated as hybrid seed in any advertisement sub- § 201.36c Hermetically-sealed con- ject to the Act unless it comes within tainers. the definition of ‘‘hybrid’’ in § 201.2(y). The 5-month limitation on the date (b) Terms descriptive as to color, of test in §§ 201.22 and 201.30a shall not shape, size, habit of growth, disease-re- apply when the following conditions sistance, or other characteristics of the have been met: kind or variety may be associated with (a) The seed was packaged within 9 the name of the kind or variety pro- months after harvest; vided it is done in a manner which clearly indicates the descriptive term (b) The container used does not allow is not a part of the name of the kind or water vapor penetration through any variety; for example, Oshkosh pepper wall, including the seals, greater than (yellow), Copenhagen Market (round 0.05 grams of water per 24 hours per 100 head) cabbage, and Kentucky Wonder square inches of surface at 100 °F. with (pole) garden bean. a relative humidity on one side of 90 (c) Terms descriptive of quality or percent and on the other side of 0 per- origin and terms descriptive of the cent. Water vapor penetration or WVP basis for representations made may be is measured by the standards of the associated with the name of the kind U.S. Bureau of Standards as: or variety: Provided, That the terms gm.H2O / 24 hr. / 100 sq. in. / 100 °F. / 90% are clearly identified as being other RH V.0% RH; than part of the name of the kind or variety; for example, Fancy quality (c) The seed in the container does not redtop, Idaho origin alfalfa, and Grow- exceed the percentage of moisture, on a er’s affidavit of variety Atlas sorghum. wet weight basis, as listed below:

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Agricultural seeds Percent INSPECTION

Beet, field ...... 7.5 § 201.37 Authorization. Beet, sugar ...... 7.5 Bluegrass, Kentucky ...... 6.0 When authorized by the Adminis- Clover, crimson ...... 8.0 trator of the Agriculture Marketing Fescue, red ...... 8.0 Service, or by such other person as Mustard, India ...... 5.0 Ryegrass, annual ...... 8.0 may be designated for the purpose, Ryegrass, perennial ...... 8.0 Federal employees and qualified State All others ...... 6.0 officials, for the purposes of the Act, may draw samples of, secure informa- Vegetable seeds Percent tion and inspect records pertaining to, and otherwise inspect seeds and Bean, garden ...... 7.0 Bean, lima ...... 7.0 screenings subject to the Act. Beet ...... 7.5 [15 FR 2394, Apr. 28, 1950, as amended at 59 Broccoli ...... 5.0 FR 64492, Dec. 14, 1994; 85 FR 40580, July 7, Brussels sprouts ...... 5.0 Cabbage ...... 5.0 2020] Cabbage, Chinese ...... 5.0 Carrot ...... 7.0 § 201.38 [Reserved] Cauliflower ...... 5.0 Celeriac ...... 7.0 SAMPLING IN THE ADMINISTRATION OF Celery ...... 7.0 THE ACT Chard, Swiss ...... 7.5 Chives ...... 6.5 Collards ...... 5.0 § 201.39 General procedure. Corn, sweet ...... 8.0 (a) In order to secure a representa- Cucumber ...... 6.0 tive sample, equal portions shall be Eggplant ...... 6.0 Kale ...... 5.0 taken from evenly distributed parts of Kohlrabi ...... 5.0 the quantity of seed or screenings to be Leek ...... 6.5 sampled. Access shall be had to all Lettuce ...... 5.5 parts of that quantity. When more than Melon ...... 6.0 one trierful of seed is drawn from a Mustard, India ...... 5.0 Onion ...... 6.5 bag, different paths shall be followed. Onion, Welsh ...... 6.5 When more than one handful is taken Parsley ...... 6.5 from a bag, the handfuls shall be taken Parsnip ...... 6.0 from well-separated points. Pea ...... 7.0 Pepper ...... 4.5 (b) For free-flowing seed in bags or Pumpkin ...... 6.0 bulk, a probe or trier shall be used. For Radish ...... 5.0 small free-flowing seed in bags a probe Rutabaga ...... 5.0 or trier long enough to sample all por- Spinach ...... 8.0 tions of the bag should be used. Squash ...... 6.0 Tomato ...... 5.5 (c) Non-free-flowing seed, such as cer- Turnip ...... 5.0 tain grass seed, uncleaned seed, or Watermelon ...... 6.5 screenings, difficult to sample with a All others ...... 6.0 probe or trier, shall be sampled by thrusting the hand into the bulk and (d) The container is conspicuously la- withdrawing representative portions. beled in not less than 8 point type to The hand is inserted in an open posi- indicate (1) that the container is her- tion and the fingers are held closely to- metically sealed, (2) that the seed has gether while the hand is being inserted been preconditioned as to moisture and the portion withdrawn. content, and (3) the calendar month (d) As the seed or screenings are sam- and year in which the germination test pled, each portion shall be examined. If was completed. there appears to be a lack of uni- (e) The percentage of germination of formity, the portions shall not be com- vegetable seed at the time of pack- bined into a composite sample but aging was equal to or above the stand- shall be retained as separate samples ards in § 201.31. or combined to form individual-con- [32 FR 12780, Sept. 6, 1967, as amended at 59 tainer samples to determine such lack FR 64491, Dec. 14, 1994] of uniformity as may exist.

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(e) When the portions appear to be (a) Two ounces (57 grams) of grass uniform, they shall be combined to seed not otherwise mentioned, white or form a composite sample. alsike clover, or seeds not larger than these. [5 FR 32, Jan. 4, 1940, as amended at 10 FR (b) Five ounces (142 grams) of red or 9950, Aug. 11, 1945; 25 FR 8769, Sept. 13, 1960; 26 FR 10035, Oct. 26, 1961; 85 FR 40580, July 7, crimson clover, alfalfa, lespedeza, rye- 2020] grass, bromegrass, millet, flax, rape, or seeds of similar size. § 201.40 Bulk. (c) One pound (454 grams) of Bulk seeds or screenings shall be sudangrass, proso millet, hemp, or seeds of similar size. sampled by inserting a long probe or (d) Two pounds (907 grams) of cereals, thrusting the hand into the bulk as cir- sorghum, vetch, or seeds of similar or cumstances require in at least seven larger size. uniformly distributed parts of the (e) Two quarts (2.2 liters) of quantity being sampled. At least as screenings. many trierfuls or handfuls shall be (f) Vegetable seed samples shall con- taken as the minimum which would be sist of at least 400 seeds. required for the same quantity of seed (g) Coated seed for a purity analysis or screenings in bags of a size custom- shall consist of at least 7,500 seed units. arily used for such seed or screenings. Coated seed for noxious-weed seed ex- [5 FR 32, Jan. 4, 1940, as amended at 26 FR amination shall consist of at least 10035, Oct. 26, 1961] 30,000 seed units. Coated seed for germination test only shall consist of at § 201.41 Bags. least 1,000 seed units. (a) For lots of six bags or fewer, each [10 FR 9950, Aug. 11, 1945, as amended at 15 bag shall be sampled. A total of at FR 2394, Apr. 28, 1950; 59 FR 64492, Dec. 14, least five trierfuls shall be taken. 1994] (b) For lots of more than six bags, five bags plus at least 10 percent of the § 201.44 Forwarding samples. number of bags in the lot shall be sam- Before being forwarded for analysis, pled. (Round off numbers with decimals test, or examination, the containers of to the nearest whole number, raising samples shall be properly sealed and 0.5 to the next whole number.) Regard- identified in such manner as may be less of the lot size it is not necessary prescribed by AMS. Samples of coated that more than 30 bags be sampled. seed shall be forwarded in firmly (c) Samples shall be drawn from un- packed crush-proof and moisture-proof opened bags except under cir- containers. cumstances where the identity of the [59 FR 64492, Dec. 14, 1994] seed has been preserved. [5 FR 32, Jan. 4, 1940, as amended at 26 FR PURITY ANALYSIS IN THE 10035, Oct. 26, 1961; 76 FR 31794, June 2, 2011] ADMINISTRATION OF THE ACT

§ 201.42 Small containers. § 201.45 Obtaining the working sample. In sampling seed in small containers that it is not practical to sample as re- (a) The working sample on which the quired in § 201.41, a portion of one un- actual analysis is made shall be taken opened container or one or more entire from the submitted sample in such a unopened containers may be taken to manner that it will be representative. supply a minimum size sample, as re- (b) The sample shall be repeatedly di- quired in § 201.43. vided to the weight to be used for the working sample. Some form of efficient [30 FR 7888, June 18, 1965] mechanical divider should be used. To avoid damaging large seeds and coated § 201.43 Size of sample. seeds, a divider should be used which The following are minimum sizes of will prevent the seeds from falling samples of agricultural seed, vegetable great distances onto hard surfaces. In seed and screenings to be submitted for case the proper mechanical divider analysis, test, or examination: cannot be used or is not available, the

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sample shall be thoroughly mixed and units for the purity analysis and 25,000 placed in a pile and the pile shall be re- coated units for the noxious-weed seed peatedly divided into halves until a examination. sample of the desired weight remains. (2) Mixtures of coated seed. The working weight shall be determined in [5 FR 32, Jan. 4, 1940, as amended at 20 FR 7929, Oct. 21, 1955; 25 FR 8769, Sept. 13, 1960; 59 the following manner: FR 64492, Dec. 14, 1994] (i) Calculate the weight of the working sample to be used for the mixture § 201.46 Weight of working sample. under consideration as though the sam- (a) Unmixed seed. The working sample were not coated by following para- ples for purity analysis and graph (b) or (c) of this section. noxiousweed seed examination of (ii) Determine the amount of coating unmixed seed shall be at least the material on 100 coated units by weigh- weights set forth in table 1. ing the coated units. Remove the coat- (b) Mixtures consisting of one pre- ing material using the methods de- dominant kind of seed or groups of scribed in §§ 201.51b (c) and (d). Cal- kinds of similar size. The weights of culate the percentage of coating mate- the purity and noxious-weed seed work- rial using the following formulas: ing samples in this category shall be Weight of coating material = weight of 100 determined by the kind or group of coated units ¥ weight of 100 de-coated kinds which comprise more than 50 per- units; cent of the sample. The percentage of coating material = weight (c) Mixtures consisting of two or more of the coating material divided by the kinds or groups of kinds of different sizes, weight of 100 coated units × 100%. none of which comprise over 50 percent of (iii) The weight of the working sam- the sample. The weights of the purity ple shall be the product of the weight working samples in this category shall calculated in paragraph (d)(2)(i) of this be the weighted averages (to the near- section multiplied by 100 percent, di- est half gram) of the weights listed in vided by 100 percent minus the percent- table 1 for each of the kinds which age of coating material calculated in comprise the sample determined by the paragraph (d)(2)(ii) of this section. following method: (1) Multiply the percentage of each component in the mix- TABLE 1—WEIGHT OF WORKING SAMPLE ture (rounded off to the nearest whole Minimum number) by the sample sizes specified Minimum weight for Approxi- in column 2, table 1, (2) add all these weight for noxious- mate Name of seed purity anal- weed number products, (3) total the percentages of ysis seed ex- of seeds all components of the mixtures, and (4) (grams) amination per gram divide the sum in paragraph (c)(2) of (grams) this section by the total in paragraph Agricultural Seed (c)(3) of this section. If the approxi- Agrotricum ...... 65 500 39 Alfalfa ...... 5 50 500 mate percentage of the components of Alfilaria ...... 5 50 440 a mixture are not known they may be Alyceclover ...... 5 50 665 estimated. The weight of the noxious- Bahiagrass: Var. Pensacola ..... 5 50 600 weed seed working sample shall be de- All other vars...... 7 50 365 termined by multiplying the weight of Barley ...... 100 500 30 the purity working sample by 10 or by Barrelclover ...... 10 100 250 Bean: calculating the weighted average in the Adzuki ...... 200 500 11 same manner described above for the Field ...... 500 500 4 purity working sample. Mung ...... 100 500 24 Beet, field ...... 50 500 55 (d) Coated seed. Beet, sugar ...... 50 500 55 (1) Unmixed coated seed. Due to vari- Beggarweed, Florida ... 5 50 440 ation in the weight of coating mate- Bentgrass: rials, the size or weight of the working Colonial ...... 0 .25 2 .5 13,000 Creeping ...... 0.25 2 .5 13,515 sample shall be determined separately Velvet ...... 0 .25 2 .5 18,180 for each lot. The weight of the working Bermudagrass ...... 1 10 3,930 sample shall be determined by weigh- Bermudagrass, giant ... 1 10 2,950 Bluegrass: ing 100 completely coated units and Annual ...... 1 10 2,635 calculating the weight of 2,500 coated Bulbous ...... 4 40 585

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TABLE 1—WEIGHT OF WORKING SAMPLE— TABLE 1—WEIGHT OF WORKING SAMPLE— Continued Continued

Minimum Minimum Minimum weight for Approxi- Minimum weight for Approxi- weight for noxious- mate weight for noxious- mate Name of seed purity anal- weed number Name of seed purity anal- weed number ysis seed ex- of seeds ysis seed ex- of seeds (grams) amination per gram (grams) amination per gram (grams) (grams)

Canada ...... 0 .5 5 5,050 Crotalaria: Glaucantha ...... 1 10 Lance ...... 7 70 375 Kentucky ...... 1 10 3,060 Showy ...... 25 250 80 Nevada ...... 1 10 2,305 Slenderleaf ...... 10 100 205 Rough ...... 0 .5 5 4,610 Striped ...... 10 100 215 Texas ...... 1 10 2,500 Sunn ...... 75 500 35 Wood ...... 0 .5 5 4,330 Crownvetch ...... 10 100 305 Bluejoint ...... 0 .5 5 8,461 Dallisgrass ...... 4 40 620 Bluestem: Dichondra ...... 5 50 470 Big ...... 7 70 320 Dropseed, sand ...... 0 .25 2 .5 12,345 Little ...... 5 50 525 Emmer ...... 100 500 25 Sand ...... 10 100 215 Fescue: Yellow ...... 1 10 1,945 Chewings ...... 3 30 900 Bottlebrush-squirreltail 9 90 300 Hair ...... 1 10 Brome: Hard ...... 2 20 1,305 Field ...... 5 50 465 Meadow ...... 5 50 495 Meadow ...... 13 130 190 Red ...... 3 30 900 Mountain ...... 20 200 140 Sheep ...... 2 20 1,165 Smooth ...... 7 70 315 Tall ...... 5 50 455 Broomcorn ...... 40 400 60 Flatpea ...... 100 500 25 Buckwheat ...... 50 500 45 Flax ...... 15 150 180 Buffalograss: Foxtail, creeping ...... 1 .5 15 1,736 (Burs) ...... 20 200 110 Foxtail, meadow ...... 3 30 893 (Caryopses) ...... 3 30 740 Galletagrass: Buffelgrass: (Other than (Fascicles) ...... 6 66 365 caryopses) ...... 10 100 260 (Caryopses) ...... 2 20 1,940 (Caryopses) ...... 5 50 580 Burclover, California: Grama: (in bur) ...... 50 500 Blue ...... 2 20 1,595 (out of bur) ...... 7 70 375 Side-oats: Burclover, spotted (Other than (in bur) ...... 50 500 50 caryopses) 6 60 350 (out of bur) ...... 5 50 550 (Caryopses) ... 2 20 1,605 Burnet, little ...... 25 250 110 Guar ...... 75 500 35 Buttonclover ...... 7 70 365 Guineagrass ...... 2 20 2,205 Camelina ...... 4 40 880 Hardinggrass ...... 3 30 750 Canarygrass ...... 20 200 150 Hemp ...... 50 500 45 Canarygrass, reed ...... 2 20 1,185 Indiangrass, yellow ...... 7 70 395 Carpetgrass ...... 1 10 2,230 Indigo, hairy ...... 7 70 435 Castorbean ...... 500 500 5 Japanese lawngrass .... 2 20 1,325 Chess, soft ...... 5 50 555 Johnsongrass ...... 10 100 265 Chickpea ...... 500 500 2 Kenaf ...... 50 500 Clover: Kochia, forage ...... 2 20 1,070 Alsike ...... 2 20 1,500 Kudzu ...... 25 250 80 Arrowleaf ...... 4 40 705 Lentil ...... 120 500 14–23 Berseem ...... 5 50 455 Lespedeza: Cluster ...... 1 10 2,925 Korean ...... 5 50 525 Crimson ...... 10 100 330 Sericea ...... 3 30 820 Kenya ...... 2 20 Siberian ...... 3 30 820 Ladino ...... 2 20 1,935 Striate ...... 5 50 750 Lappa ...... 2 20 1,500 Lovegrass, sand ...... 1 10 3,585 Large hop ...... 1 10 5,435 Lovegrass, weeping .... 1 10 3,270 Persian ...... 2 20 1,415 Lupine: Red ...... 5 50 600 Blue ...... 500 500 7 Rose ...... 7 70 360 White ...... 500 500 7 Small hop ...... 2 20 1,950 Yellow ...... 300 500 9 Strawberry ...... 5 50 635 Manilagrass ...... 2 20 Sub ...... 25 250 120 Medic, black ...... 5 50 585 White ...... 2 20 1,500 Milkvetch ...... 9 90 270 Corn: Millet: Field ...... 500 500 3 Browntop ...... 8 80 315 Pop ...... 500 500 3 Foxtail ...... 5 50 480 Cotton ...... 300 500 8 Japanese ...... 9 90 315 Cowpea ...... 300 500 8 Pearl ...... 15 150 180 Crambe ...... 25 250 Proso ...... 15 150 185 Crested dogtail ...... 2 20 1,900 Molassesgrass ...... 0 .5 5 7,750

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TABLE 1—WEIGHT OF WORKING SAMPLE— TABLE 1—WEIGHT OF WORKING SAMPLE— Continued Continued

Mustard: Vetch: Black ...... 2 20 1,255 Common ...... 150 500 19 India ...... 5 50 625 Hairy ...... 75 500 35 White ...... 15 150 160 Hungarian ...... 100 500 24 Napiergrass ...... 5 50 Monantha ...... 100 500 Needlegrass, green ..... 7 70 370 Narrowleaf ...... 50 500 60 Oat ...... 75 500 35–50 Purple ...... 100 500 22 Oatgrass, tall ...... 6 60 417 Woollypod ...... 100 500 25 Orchardgrass ...... 3 30 945 Wheat: Panicgrass, blue ...... 2 20 1,370 Common ...... 100 500 25 Panicgrass, green ...... 2 20 1,305 Club ...... 100 500 25 Pea, field ...... 500 500 4 Durum ...... 100 500 25 Peanut ...... 500 500 1–3 Polish ...... 100 500 25 Radish ...... 30 300 75 Poulard ...... 100 500 25 Rape: Wheat × Agrotricum .... 65 500 38 Annual ...... 7 70 345 Wheatgrass: Bird ...... 7 70 425 Beardless ...... 8 80 275 Turnip ...... 5 50 535 Fairway crested .... 4 40 685 Winter ...... 10 100 230 Standard crested .. 5 50 425 Redtop ...... 0 .25 2.5 10,695 Intermediate ...... 15 150 175 Rescuegrass ...... 20 200 115 Pubescent ...... 15 150 180 Rhodesgrass ...... 1 10 4,725 Siberian ...... 5 50 Rice ...... 50 500 65 Slender ...... 7 70 295 Ricegrass, Indian ...... 7 70 355 Streambank ...... 10 50 370 Roughpea ...... 75 500 40 Tall ...... 15 150 165 Rye ...... 75 500 40 Western ...... 10 100 250 Rye, mountain ...... 28 280 90 Wildrye: Ryegrass: Basin ...... 8 80 317 Annual ...... 5 50 420 Canada ...... 11 110 190 Intermediate ...... 8 80 338 Russian ...... 6 60 360 Perennial ...... 5 50 530 Vegetable Seed Wimmera ...... 5 50 Artichoke ...... 100 500 24 Safflower ...... 100 500 30 Asparagus ...... 100 500 25 Sagewort, Louisiana .... 0.5 5 8,900 Asparagusbean ...... 300 500 8 Sainfoin ...... 50 500 50 Bean: Saltbush, fourwing ...... 15 150 165 Garden ...... 500 500 4 Sesame ...... 7 70 360 Lima ...... 500 500 2 Sesbania ...... 25 250 105 Runner ...... 500 500 1 Smilo ...... 2 20 2,010 Beet ...... 50 300 60 Sorghum ...... 50 500 55 Broadbean ...... 500 500 Sorghum almum ...... 15 150 150 Broccoli ...... 10 50 315 Sorghum-sudangrass .. 65 500 38 Brussels sprouts ...... 10 50 315 Sorgrass 1 ...... 15 150 135 Burdock, great ...... 15 150 Sourclover ...... 5 50 660 Cabbage ...... 10 50 315 Soybean ...... 500 500 6–13 Cabbage, Chinese ...... 5 50 635 Spelt ...... 100 500 25 Cabbage, tronchuda .... 10 100 Sudangrass ...... 25 250 100 Cardoon ...... 100 500 Sunflower ...... 100 500 Carrot ...... 3 50 825 Sweetclover: Cauliflower ...... 10 50 315 White ...... 5 50 570 Celeriac ...... 1 25 2,520 Yellow ...... 5 50 570 Celery ...... 1 25 2,520 Sweet vernalgrass ...... 2 20 1,600 Chard, Swiss ...... 50 300 60 Sweetvetch, northern .. 19 190 130 Chicory ...... 3 50 940 Switchgrass ...... 4 40 570 Chives ...... 5 50 Teff ...... 1 10 3,288 Citron ...... 200 500 11 Timothy ...... 1 10 2,565 Collards ...... 10 50 315 Timothy, turf ...... 1 10 2,565 Corn, sweet ...... 500 500 Tobacco ...... 0 .5 5 15,625 Cornsalad: Trefoil: Vars. Fullhearted Big ...... 2 20 1,945 and Dark Green Birdsfoot ...... 3 30 815 Fullhearted ...... 5 50 Triticale ...... 100 500 All other vars ...... 10 50 380 Vaseygrass ...... 3 30 970 Cowpea ...... 300 500 8 Veldtgrass ...... 4 40 655 Cress: Velvetbean ...... 500 500 2 Garden ...... 5 50 425 Velvetgrass ...... 1 10 3,360 Upland ...... 2 35 1,160

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TABLE 1—WEIGHT OF WORKING SAMPLE— percentage of each part shall be deter- Continued mined to two decimal places. (b) Aids for the classification of pure Minimum Minimum weight for Approxi- seed, other crop seed, weed seed, and weight for noxious- mate inert matter may include visual exam- Name of seed purity anal- weed number ysis seed ex- of seeds ination, use of transmitted light (grams) amination per gram (diaphanoscope), or specific gravity (grams) (seed blowers). Specific instructions for Water ...... 1 25 5,170 classification of the various compo- Cucumber ...... 75 500 40 nents are given in §§ 201.47a to 201.51, Dandelion ...... 2 35 1,240 inclusive. Dill ...... 3 50 800 Eggplant ...... 10 50 230 (c) The components shall be weighed Endive ...... 3 50 940 and percentages calculated as follows: Gherkin, West India ..... 16 160 153 (1) For sample sizes less than 25 Kale ...... 10 50 315 grams, all four components shall be Kale, Chinese ...... 10 50 Kale, Siberian ...... 8 80 325 weighed; the percentages shall be based Kohlrabi ...... 10 50 315 on the sum of these weights and not on Leek ...... 7 50 395 the original weight. The sum of these Lettuce ...... 3 50 890 weights shall be compared with the Melon ...... 50 500 45 Mustard, India ...... 5 50 625 original weight of the working sample Mustard, spinach ...... 5 50 535 as a check against the loss of material, Okra ...... 100 500 19 or other errors. Onion ...... 7 50 340 Onion, Welsh ...... 10 50 (2) For sample sizes of 25 grams or Pak-choi ...... 5 50 635 more, the components—other crop Parsley ...... 5 50 650 seed, weed seed, and inert matter— Parsnip ...... 5 50 430 shall be weighed separately and their Pea ...... 500 500 3 Pepper ...... 15 150 165 percentages determined by dividing Pumpkin ...... 500 500 5 these weights by the original weight of Radish ...... 30 300 75 the working sample. The pure seed Rhubarb ...... 50 300 60 need not be weighed; its percentage Rutabaga ...... 5 50 430 Sage ...... 25 150 120 may be determined by subtracting the Salsify ...... 50 300 65 sum of the percentages of the other Savory, summer ...... 2 35 1,750 three components from 100. Sorrel ...... 2 35 1,080 Soybean ...... 500 500 6–13 (3) When rounding off the calculated Spinach ...... 25 150 100 percentages of each component to the Spinach, New Zealand 200 500 13 second decimal place, round down if Squash ...... 200 500 14 the third decimal place is 4 or less and Tomato ...... 5 50 405 Tomato, husk ...... 2 35 1,240 round up if the third decimal place is 5 Turnip ...... 5 50 535 or more, except that if any component Watermelon ...... 200 500 11 is determined to be present in any 1 Rhizomatous derivatives of a johnsongrass × sorghum amount calculated to be less than 0.015 cross or a johnsongrass × sudangrass cross. percent, then that component shall be reported as 0.01 percent. If any compo- [25 FR 8769, Sept. 13, 1960, as amended at 30 FR 7888, June 18, 1965; 32 FR 12780, Sept. 6, nent is not found in the purity anal- 1967; 35 FR 6108, Apr. 15, 1970; 41 FR 20156, ysis, then that component shall be re- May 17, 1976; 46 FR 53635, Oct. 29, 1981; 59 FR ported as 0.00 percent. 64492, Dec. 14, 1994; 65 FR 1707, Jan. 11, 2000; (4) The total percentage of all compo- 85 FR 40580, July 7, 2020] nents shall be 100.00 percent. If the total does not equal 100.00 percent (e.g. § 201.47 Separation. 99.99 percent or 100.01 percent), then (a) The working sample shall be add to or subtract from the component weighed in grams to four significant with the largest value (usually the figures and shall then be separated into pure seed component). four parts: (1) Kind or variety to be (d) When the working sample consists considered pure seed, (2) other crop of two or more similar kinds or vari- seed, (3) weed seed, and (4) inert mat- eties which would be difficult to sepa- ter. The components shall be weighed rate in the entire sample, it is permis- in grams to the same number of dec- sible to weigh the similar kinds or va- imal places as the working sample. The rieties together as one component and

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make the separation on a reduced por- chis and internodes in bluestems, side- tion of the sample. At least 400 seeds or oats grama, and yellow indiangrass; an equivalent weight shall be taken in- (5) Fascicles of buffelgrass (Cenchrus discriminately from the pure seed com- ciliaris) consisting of bristles and ponent and the separation made on this spikelets; portion. The proportion of each kind (6) Burs of buffalograss (Bouteloua present shall then be determined by dactyloides); weight and from this the percentage in (7) Bulblets of bulbous bluegrass (Poa the entire sample shall be calculated. bulbosa); (e) The Uniform Blowing Procedure (8) Multiple units as defined in described in § 201.51a(a) shall be used § 201.51a(b)(1). for the separation of pure seed and (c) Dry indehiscent fruits in the fol- inert matter in seeds of Kentucky blue- lowing plant families: Buckwheat grass, Canada bluegrass, rough blue- (Polygonaceae), sunflower grass, Pensacola variety of bahiagrass, (Asteraceae), geranium (Geraniaceae), orchardgrass, side-oats grama, and blue goosefoot (Chenopodiaceae), and vale- grama. rian (Valerianaceae); (f) Procedures for purity analysis for (d) One- and two-seeded pods of coated seed are given in § 201.51b. small-seeded legumes (Fabaceae), burs of the burclovers (Medicago arabica, M. [25 FR 8770, Sept. 13, 1960, as amended at 30 polymorpha), and pods of peanuts FR 7890, June 18, 1965; 46 FR 53635, Oct. 29, (Arachis hypogaea). (This does not pre- 1981; 59 FR 64497, Dec. 14, 1994; 65 FR 1707, clude the shelling of small-seeded leg- Jan. 11, 2000] umes for purposes of identification.) Pods of legumes normally containing § 201.47a Seed unit. more than two seeds, when occurring The seed unit is the structure usually incidentally in the working sample, regarded as a seed in planting practices should be hulled if the kind is hulled and in commercial channels. The seed when marketed; unit may consist of one or more of the (e) Fruits or half fruits in the carrot following structures: family (Apiaceae); (a) True seeds; (f) Nutlets in the following plant (b) For the grass family: families: Borage (Boraginaceae), mint (1) Caryopses and single florets; (Lamiaceae), and vervain (2) Multiple florets and spikelets in (Verbenaceae); tall oatgrass (Arrhenatherum elatius), (g) ‘‘Seed balls’’ or portions thereof oat (Avena spp.), gramas (Bouteloua in multigerm beets, and fruits with ac- spp.), rhodesgrass (Chloris gayana), cessory structures such as occur in barley (Hordeum vulgare), and blue- other Chenopodiaceae and New Zealand grass (Poa spp.); spinach. For forage kochia refer to (3) Entire spikelets in bahiagrass, § 201.48(j) and § 201.51(a)(7). bentgrasses, dallisgrass, guineagrass, [46 FR 53636, Oct. 29, 1981, as amended at 59 browntop millet, foxtail millet, proso FR 64497, Dec. 14, 1994; 65 FR 1707, Jan. 11, millet, panicgrasses, redtop, rice, 2000; 85 FR 40581, July 7, 2020] switchgrass, and vaseygrass. Entire spikelets which may have attached ra- § 201.47b Working samples. chis segments, pedicels, and sterile The purity working sample is the spikelets in big bluestem, little sample on which the purity analysis is bluestem, sand bluestem, yellow made. The noxious-weed seed working bluestem, bottlebrush-squirreltail, sample is the sample on which the nox- broomcorn, yellow indiangrass, ious-weed seed examination is made. johnsongrass, sorghum, sorghum- [20 FR 7930, Oct. 21, 1955] sudangrass, sorghum almum, sorgrass, and sudangrass; § 201.48 Kind or variety considered (4) Spikelet groups: pure seed. (i) Spikelet groups that disarticulate The pure seed shall include all seeds as a unit in galletagrass; of each kind or each kind and variety (ii) Spikelet groups that under consideration present in excess disarticulate as units with attached ra- of 5 percent by weight of the whole.

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Seeds of kinds or kinds and varieties wheatgrass, western wheatgrass, fes- present to the extent of 5 percent or cues (Festuca spp.), and ryegrasses less of the whole may be considered (Lolium spp.) if the caryopses are at pure seed if shown on the label as com- least one-third the length of the palea; ponents of a mixture in amounts of 5 the caryopsis is measured from the percent or less. The following shall be base of the rachilla. Species in which included with the pure seed: determination of endosperm develop- (a) Immature or shriveled seeds and ment is not necessary are listed in seeds that are cracked or injured. For paragraphs (g) (1) and (2) of this sec- seeds of legumes (Fabaceae) and cru- tion. Refer to §§ 201.48(h) and 201.51(a)(5) cifers (Brassicaceae) with the seed when nematode galls and fungal bodies coats entirely removed refer to have replaced the caryopsis in seed § 201.51(a)(1); units. The following procedures apply (b) Pieces of seeds which are larger to determine pure seed in the grass than one-half of the original size. For families listed below: separated cotyledons of legume seeds (1) Intact burs of buffalograss refer to § 201.51(a)(2); (Bouteloua dactyloides) shall be consid- (c) Insect-damaged seeds, provided ered pure seed whether or not a cary- that the damage is entirely internal, or opsis is present. Refer to § 201.51(a)(6) that the opening in the seed coat is not for burs which are visibly empty. sufficiently large so as to allow the size (2) The Uniform Blowing Procedure of the remaining mass of tissue to be described in § 201.51a(a) shall be used to readily determined. Weevil-infested determine classification of florets into vetch seeds, irrespective of the amount pure seed or inert matter for Kentucky of insect damage, are to be considered bluegrass, Canada bluegrass, rough pure seed, unless they are broken bluegrass, Pensacola variety of pieces one-half or less than the original bahiagrass, side-oats grama, blue size. For classification of broken pieces grama, and orchardgrass. of seed units one-half or less than the (3) Special purity procedures for original size, refer to § 201.51(a)(2). smooth brome, fairway crested Refer to § 201.51(a)(3) for chalcid-dam- wheatgrass, standard crested aged seeds; wheatgrass, intermediate wheatgrass, (d) Seeds that have started to ger- pubescent wheatgrass, tall wheatgrass, minate; and western wheatgrass are listed in (e) Seeds of the cucurbit family § 201.51a(b). (Cucurbitaceae) and the nightshade (4) For methods of determining pure family (Solanaceae) whether they are seed percentages of annual and peren- filled or empty; nial ryegrass, refer to §§ 201.58(b)(10) (f) Intact fruits, whether or not they and 201.58a(a). contain seed, of species belonging to (h) Seed units with nematode galls, the following families: Sunflower fungal bodies (i.e. ergot, other (Asteraceae), buckwheat sclerotia, and smut) and spongy or (Polygonaceae), carrot (Apiaceae), va- corky caryopses that are entirely en- lerian (Valerianaceae), mint closed within the seed unit. Refer to (Laminaceae) and other families in § 201.51(c)(1) for inert matter classifica- which the seed unit may be a dry, tion. indehiscent one-seeded fruit. For visibly empty fruits, refer to inert matter, (i) Seed units of beet and other § 201.51(a)(6); Chenopodiaceae, and New Zealand spin- (g) Seed units of the grass family ach. Refer to § 201.47a(g) and listed in § 201.47a(b) (1) through (5) if a § 201.51(a)(6) for definitions of seed units caryopsis with some degree of and inert matter, respectively. endosperm development can be de- (j) Seed units of forage kochia that tected in the units, either by slight are retained on a 1 mm opening square- pressure or by examination over light. hole sieve, when shaken for 30 seconds. Seed units of smooth brome, fairway For inert matter, refer to § 201.51(a)(7). crested wheatgrass, standard crested [46 FR 53636, Oct. 29, 1981, as amended at 59 wheatgrass, tall wheatgrass, inter- FR 64497, Dec. 14, 1994; 76 FR 31794, June 2, mediate wheatgrass, pubescent 2011; 85 FR 40581, July 7, 2020]

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§ 201.49 Other crop seed. interests of the United States, or any part thereof. Damaged weed seeds and (a) Seeds of plants grown as crops immature seedlike structures, as de- (other than the kind(s) and variety(ies) scribed in § 201.51(b), shall be considered included in the pure seed) shall be con- inert matter. Weed seeds, as defined sidered other crop seeds, unless recog- above in this section, requiring further nized as weed seeds by applicable laws, separation into weed seed and inert or regulations, or by general usage. All matter components are as follows: interpretations and definitions for (a) The individual seeds are to be re- ‘‘pure seed’’ in § 201.48 shall also apply moved from fruiting structures such as in determining whether seeds are pods and heads. The seeds are classified ‘‘other crop seed’’ or ‘‘inert matter’’ as weed seed and the remaining with the following two exceptions fruiting structures classified as inert which may be applied as acceptable al- matter. ternatives: (b) Wild onion and wild garlic (Allium (1) Uniform Blowing Procedure in spp.) bulblets that have any part of the § 201.51a(a) for kinds listed in § 201.47(e) husk remaining and are not damaged may be disregarded. If disregarded, all at the basal end are considered weed seed units (as defined in § 201.47a) for seeds regardless of size. Bulblets that these kinds found in the working sam- are completely devoid of husk, and are ple shall be manually separated into not damaged at the basal end, and are pure seed and inert matter. Only units retained by a 1⁄13-inch (1.9 mm) round- containing at least one caryopsis with hole sieve are considered weed seeds. some degree of endosperm development For wild onion and wild garlic (Allium which can be detected either by slight spp.) bulblets classed as inert matter, pressure or by examination over light refer to § 201.51(b)(5). are considered other crop seed. (2) Multiple Unit Procedure in [46 FR 53636, Oct. 29, 1981, as amended at 59 § 201.51a(b) for kinds listed in FR 64498, Dec. 14, 1994; 65 FR 1707, Jan. 11, § 201.48(g)(3) may be disregarded. If dis- 2000] regarded, all multiple units and single § 201.51 Inert matter. units (as defined in § 201.51a(b)) for these kinds found in the working sam- Inert matter shall include seeds and ple shall be manually separated into seed-like structures from both crop and single florets. Each floret containing a weed plants and other material not caryopsis with some degree of seeds as follows: endosperm development, which can be (a) Seeds and seed-like structures detected either by slight pressure or from crop plants: examination over light, is considered (1) Seeds of legumes (Fabaceae) and other crop seed. Empty florets and brassica (Brassicaceae) with the seed glumes, if present, are considered inert coats entirely removed. Refer to matter. Refer to § 201.51(a)(4). § 210.48(a) for pure seed classification. (2) Pieces of broken and damaged (b) [Reserved] seed units, including those that are in- [59 FR 64498, Dec. 14, 1994; 60 FR 2493, Jan. 10, sect damaged, which are one-half the 1995] original size or less. If greater than one-half, refer to § 201.48(b) and (c) for § 201.50 Weed seed. pure seed classification. Also included Seeds (including bulblets or tubers) as inert matter are separated of plants shall be considered weed seeds cotyledons of legumes, irrespective of when recognized as weed seeds by the whether or not the radicle-plumule law or rules and regulations of the axis and/or more than one-half of the State into which the seed is offered for seed coat may be attached. transportation or transported; or by (3) Chalcid-damaged seeds (puffy, the law or rules and regulations of soft, or dry and crumbly) of alfalfa, red Puerto Rico, Guam, or District of Co- clover, crimson clover, and similar lumbia into which transported, or Dis- kinds of small seeded legumes. Refer to trict of Columbia in which sold; or § 201.48(c) for pure seed classification. found by the Secretary of Agriculture (4) Glumes and empty florets except to be detrimental to the agricultural as stated under pure seed. Refer to

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§ 201.48 (g) and (h) for pure seed classi- (3) Seeds of legumes and species of fication. Brassica with the seed coats entirely (5) Seed units with nematode galls or removed. fungal bodies (smut, ergot, and other (4) Immature seed units, devoid of sclerotia) that are not entirely en- both embryo and endosperm, such as closed within the seed unit. Refer to occur in but not limited to the fol- § 201.48(h) for pure seed classification. lowing plant families: Sedge (6) Broken seed units of (Cyperaceae), buckwheat Chenopodiaceae and fruit portions or (Polygonaceae), morning glory fragments of monogerm beets, New (Convolvulaceae), nightshade Zealand spinach, buffalograss, and fam- (Solanaceae), puncturevine ilies in which the seed unit is a dry (Zygophyllaceae) and sunflower indehiscent one-seeded fruit that visi- (Asteraceae). Cocklebur (Xanthium bly do not contain a seed. Refer to spp.) burs are to be dissected to deter- § 201.48 (f), (g)(1), (i), and (j) for pure mine whether or not seeds are present. seed classification. (5) Wild onion and wild garlic (Allium (7) Seed units of forage kochia that spp.) bulblets: pass through a 1 mm opening, square- (i) Bulblets which are completely de- hole sieve, when shaken for 30 seconds. void of the husk and pass through a (8) The thin pericarp (fruit wall), if present on seeds of northern 1/13th-inch, round-hole sieve. sweetvetch. (ii) Bulblets which show evident dam- (9) Immature florets of smooth age to the basal end, whether husk is brome, fairway crested wheatgrass, present or absent. Refer to § 201.50(c) standard crested wheatgrass, tall for wild onion and wild garlic (Allium wheatgrass, intermediate wheatgrass, spp.) bulblets classed as weed seeds. pubescent wheatgrass, western (6) Dodder (Cuscuta spp.): Seeds de- wheatgrass, fescues (Festuca spp.), and void of embryos and seeds which are ryegrasses (Lolium spp.) in which the ashy gray to creamy white in color are caryopses are less than one-third the inert matter. Seeds should be sectioned length of the palea; the caryopsis is when necessary to determine if an em- measured from the base of the rachilla. bryo is present as when seeds have a (b) Seeds and seed-like structures normal color but are slightly swollen, from weed plants, which by visual ex- dimpled or have minute holes. amination (including the use of light or (7) Buckhorn (Plantago lanceolata): dissection), can be determined to be Black seeds, with no brown color evi- within the following categories: dent, whether shriveled or plump; the (1) Damaged seed (other than grasses) color of questionable seeds shall be de- with over one-half of the embryo miss- termined by use of a stereoscopic mi- ing. croscope with magnification of ap- (2) Grass florets and caryopses proximately 10 × and a fluorescent classed as inert: lamp with two 15-watt daylight-type (i) Glumes and empty florets of tubes. weedy grasses; (8) Ragweed (Ambrosia spp.): Seed (ii) Damaged grass caryopses, includ- with both the involucre and pericarp ing free caryopses, with over one-half absent. the root-shoot axis missing (the scutellum excluded); (c) Other matter that is not seed: (iii) Immature free caryopses devoid (1) Free nematode galls or fungal of embryo and/or endosperm; bodies such as smut, ergot, and other (iv) Immature florets of quackgrass sclerotia. (Elymus repens) in which the caryopses (2) Soil particles, sand, stone, chaff, are less than one-third the length of stems, leaves, flowers, loose coating the palea. The caryopsis is measured material, and any other foreign mate- from the base of the rachilla; rial. (v) Free caryopses of quackgrass (E. repens) that are 2 mm or less in length.

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(3) Coating material removed from ing process shall be removed. The sam- coated seed by washing. Refer to ple to be blown shall be divided into § 201.51b(c). four approximately equal parts and [46 FR 53637, Oct. 29, 1981; 46 FR 58059, Nov. each blown separately. The 1.157 factor 30, 1981, as amended at 59 FR 64498, Dec. 14, is restricted to the General-type seed 1994; 65 FR 1707, Jan. 11, 2000; 76 FR 31794, blower. June 2, 2011; 85 FR 40581, July 7, 2020] (D) The blowing point for side-oats grama shall be a factor of 1.480 of the § 201.51a Special procedures for purity blowing point determined for Kentucky analysis. bluegrass. Before blowing, extraneous (a) The laboratory analyst shall use material that will interfere with the the Uniform Blowing Procedure de- blowing process shall be removed. The scribed in this paragraph to separate sample to be blown shall be divided pure seed and inert matter in the fol- into four approximately equal parts lowing: Kentucky bluegrass, Canada and each part blown separately. The bluegrass, rough bluegrass, Pensacola 1.480 factor is restricted to the General- variety of bahiagrass, orchardgrass, type seed blower. blue grama, and side-oats grama. (4) Blower calibration. Calibrate and (1) Separation of mixtures. Separate test the blower according to the in- seed kinds listed in this section from structions that accompany the calibra- other kinds in mixtures before using tion samples before using the blower to the Uniform Blowing Procedure. analyze the seed sample. Use the ane- (2) Calibration samples. Obtain calibra- mometer to set the blower gate open- tion samples and instructions, which ing according to the calibration sample are available on loan through the Seed specifications. Regulatory and Testing Division, S&T, (i) Determine the blowing point using AMS, 801 Summit Crossing Place, Suite a calibrated anemometer. C, Gastonia, North Carolina 28054. (3) Blowing point. Use the calibration (ii) Position the anemometer fan pre- samples to establish a blowing point cisely over the blower opening, set it at prior to proceeding with the separation meters per second (m/s), run the blower of pure seed and inert matter for these at the calibrated gate setting, and wait kinds. 30 seconds before reading the anemom- (i) Refer to the specifications on the eter. calibration samples for Kentucky blue- (iii) Use this anemometer reading to grass, orchardgrass, and Pensacola va- determine the blower gate setting riety of bahiagrass to determine their whenever the Uniform Blowing Proce- appropriate blowing points for the Uni- dure is required. form Blowing Procedure. (5) Pure seed and inert matter. Use the (ii) Use the calibration sample for calibrated blower to separate the seed Kentucky bluegrass to determine the sample into light and heavy portions. blowing points for Canada bluegrass, After completing the initial separa- rough bluegrass, blue grama, and side- tion, remove and separate all weed and oats grama. other crop seeds from the light portion. (A) The blowing point for Canada The remainder of the light portion bluegrass shall be the same as the shall be considered inert matter. Re- blowing point determined for Kentucky move all weed and other crop seeds and bluegrass. other inert matter (stems, leaves, dirt) (B) The blowing point for rough blue- from the heavy portion and add them grass shall be a factor of 0.82 (82 per- to the weed seed, other crop seed, or cent) of the blowing point determined inert matter separations, as appro- for Kentucky bluegrass. The 0.82 factor priate. The remainder of the heavy por- is restricted to the General-type seed tion shall be considered pure seed. blower. (b) The Multiple Unit Procedure of (C) The blowing point for blue grama determining the pure seed fraction shall be a factor of 1.157 of the blowing shall be used only for the kinds in- point determined for Kentucky blue- cluded in the following table when grass. Before blowing, extraneous ma- multiple units are present in a sample. terial that will interfere with the blow- These methods are applicable to the

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kinds listed when they occur in mix- (2) Procedure for determination of tures or singly. Any single unit with- multiple units: out attached structures, as described (i) For the single kind: determine the below, shall be considered a single unit. percentage of single units present, Multiple units and single units for the based on the total weight of single kinds listed shall remain intact. The units and multiple units. Apply the ap- attached glumes and fertile or sterile propriate factor, as determined from florets shall not be removed from the the following table, to the weight of fertile floret. the multiple units and add that portion (1) A multiple unit is a seed unit that includes one or more structures as fol- of the multiple unit weight to the lows (the length of the awn shall be weight of the single units. The remain- disregarded when determining the ing multiple unit weight shall be added length of a fertile floret or an attached to the weight of the inert matter. structure): (ii) For mixtures that include one or (i) An attached sterile or fertile flo- more of the kinds in the following ret that extends to or beyond the tip of table, determine the percentage of sin- a fertile floret; gle units, based on the total weight of (ii) A fertile floret with basally at- single units and multiple units, for tached glume, glumes, or basally at- each kind. Apply the appropriate factor tached sterile floret of any length; as determined from the following table, (iii) A fertile floret with two or more to the weight of multiple units of each attached sterile and/or fertile florets of kind. any length.

TABLE OF FACTORS TO APPLY TO MULTIPLE UNITS a

Percent of Crested Pubescent Intermediate Tall Western Smooth single units of b c c each kind wheat-grass wheat-grass wheat-grass wheat-grass wheat-grass brome

50 or below ...... 70 66 72 ...... 72 50.01–55.00 ...... 72 67 74 ...... 74 55.01–60.00 ...... 73 67 75 ...... 75 60.01–65.00 ...... 74 67 76 ...... 76 65.01–70.00 ...... 75 68 77 ...... 60 78 70.01–75.00 ...... 76 68 78 ...... 66 79 75.01–80.00 ...... 77 69 79 50 67 81 80.01–85.00 ...... 78 69 80 55 68 82 85.01–90.00 ...... 79 69 81 65 70 83 90.01–100.00 ...... 79 70 82 70 74 85 a The factors represent the percentages of the multiple unit weights which are considered pure seed. The remaining percentage is regarded as inert matter. b Includes both standard crested wheatgrass and fairway crested wheatgrass. c Dashes in table indicate that no factors are available at the levels shown.

[59 FR 64498, Dec. 14, 1994, as amended at 85 for this procedure, and stirring or FR 40581, July 7, 2020] shaking the coated units may be necessary to obtain de-coated seed. § 201.51b Purity procedures for coated seed. (d) Spread de-coated seed on blotters or filter paper in a shallow container. (a) The working sample for coated Air dry overnight at room tempera- seed is obtained as described in ture. § 201.46(d) (1) and (2), and weighed in (e) Separation of component parts: grams to four significant figures. (1) Kind or variety considered pure (b) Any loose coating material shall seed. be sieved, weighed, and included with (2) Other crop seed. the inert matter component. (3) Inert matter. (c) Coating material is removed from the seed by washing with water or (4) Weed seed. other solvents such as, but not limited (f) The de-coated seed shall be sepa- to, dilute sodium hydroxide (NaOH). rated into four components in accord- Use of fine mesh sieves is recommended ance with §§ 201.48 through 201.51.

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§§ 201.51a (a) and (b) shall not be fol- GERMINATION TESTS IN THE lowed. The weight of the coating mate- ADMINISTRATION OF THE ACT rial is determined by subtracting the sum of the weights of the other four § 201.53 Source of seeds for germina- components from the original weight of tion. the working sample. The percentage of (a) When both purity and germina- coating material shall be included with tion tests are required, seeds for germi- the inert matter percentage. Calculate nation shall be taken from the separa- percentages of all components based on tion of the kind, variety, or type con- the original weight of the working sidered pure seed and shall be counted sample (see paragraph (a) of this sec- without discrimination as to size or ap- tion). pearance. [59 FR 64499, Dec. 14, 1994] (b) When only a germination test is required and the pure seed is estimated § 201.52 Noxious-weed seeds. or determined to be at least 98 percent, the pure seed for the germination test (a) The determination of the number may be taken indiscriminately from a of seeds, bulblets, or tubers of indi- representative portion of the bulk. vidual noxious weeds present per unit (c) When only a germination test is weight should be made on at least the required and the pure seed is found to minimum quantities listed in § 201.46 be less than 98 percent, the seed for the Table 1: Provided, That if the following test shall be obtained by separating the indicated numbers of a single kind of sample into two components as follows: seed, bulblet, or tuber are found in the (1) Pure seed and (2) other crop seed, pure seed analysis (or noxious-weed weed seed, and inert matter. In making seed examination of a like amount) the this separation at least 1⁄4 of the quan- occurrence of that kind in the remain- tity required for a regular purity anal- der of the bulk examined for noxious- ysis shall be used. The whole sample weed seeds need not be noted: 1⁄2-gram must be well mixed and divided in such purity working sample, 16 or more a manner as to get a completely rep- seeds; 1-gram purity working sample, resentative subsample. 23 or more seeds; 2-gram purity working sample or larger, 30 or more seeds. [10 FR 9952, Aug. 11, 1945, as amended at 20 The seeds per unit weight shall be FR 7931, Oct. 21, 1955] based on the number of single seeds. The number of individual seeds shall be § 201.54 Number of seeds for germina- determined in burs of sandbur tion. (Cenchrus spp.) and cocklebur At least 400 seeds shall be tested for (Xanthium spp.); in capsules of dodder germination; except that in mixtures, (Cuscuta spp.); in berries of 200 seeds of each of those kinds present groundcherry, horsenettle, and to the extent of 15 percent or less may nightshade (Solanaceae); and in the be used in lieu of 400, in which case an fruits of other noxious weeds that con- additional 2 percent is to be added to tain more than one seed. Refer to the regular germination tolerances. §§ 201.50 and 201.51(b)(4) for the classi- The seeds shall be tested in replicate fication of weed seeds and inert matter, tests of 100 seeds or less. respectively. [59 FR 64500, Dec. 14, 1994] (b) A noxious-weed seed examination of coated seed samples shall be made § 201.55 Retests. by examining approximately 25,000 Retests shall be made as follows: units obtained in accordance with (a) When the range of 100-seed rep- § 201.46(d) and which have been de-coat- licates of a given test exceeds the max- ed by the method described in imum tolerated range in the table ap- § 201.51b(c). pearing in this section. [59 FR 64499, Dec. 14, 1994]

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TABLE OF MAXIMUM TOLERATED RANGES BE- (d) When a sample shows seedling in- TWEEN 100-SEED REPLICATES FOR USE IN jury or abnormality as a result of CONNECTION WITH § 201.55(A) chemical treatment, of exposure to chemicals, or of toxicity from any Average percent germinations Maximum allowed between replicates source. (Retest shall be made in soil or a mixture of soil and sand); 4 2 replicates replicates (e) When no two satisfactory tests are within tolerance. 99 ...... 2 5 98 ...... 3 6 NOTE TO § 201.55: To find the maximum tol- 97 ...... 4 7 6 erated range, compute the average percent- 96 ...... 5 8 6 age of all 100 seed replicates of a given test, 95 ...... 6 9 7 rounding off the result to the nearest whole 94 ...... 7 10 8 93 ...... 8 10 8 number. The germination is found in the 92 ...... 9 11 9 first two columns of the table. When the dif- 91 ...... 10 11 9 ferences between highest and lowest rep- 90 ...... 11 12 9 licates do not exceed the corresponding val- 89 ...... 12 12 10 ues found in the ‘‘4 replicates’’ column, no 88 ...... 13 13 10 additional testing is required. However, if 87 ...... 14 13 11 the differences exceed the values in the ‘‘4 86 ...... 15 14 11 85 ...... 16 14 11 replicates’’ column, retesting is necessary. 84 ...... 17 14 11 [25 FR 8771, Sept. 13, 1960, as amended at 65 83 ...... 18 15 12 FR 1707, Jan. 11, 2000] 82 ...... 19 15 12 81 ...... 20 15 12 80 ...... 21 16 13 § 201.55a Moisture and aeration of sub- 79 ...... 22 16 13 stratum. 78 ...... 23 16 13 77 ...... 24 17 13 (a) The substratum must be moist 76 ...... 25 17 13 enough to supply the needed moisture 75 ...... 26 17 14 to the seeds at all times. Excessive 74 ...... 27 17 14 moisture which will restrict aeration 73 ...... 28 17 14 72 ...... 29 18 14 of the seeds should be avoided. Except 71 ...... 30 18 14 as provided for those kinds of seeds re- 70 ...... 31 18 14 quiring high moisture levels of the ger- 69 ...... 32 18 14 68 ...... 33 18 15 mination media, the substrata should 67 ...... 34 18 15 never be so wet that a film of water is 66 ...... 35 19 15 formed around the seeds. For most 65 ...... 36 19 15 kinds of seeds blotters or other paper 64 ...... 37 19 15 63 ...... 38 19 15 substrata should not be so wet that by 62 ...... 38 19 15 pressing, a film of water forms around 61 ...... 40 19 15 the finger. 60 ...... 41 19 15 59 ...... 42 19 15 (b) The following formula may be 58 ...... 43 19 15 used as a guide in the preparation of 57 ...... 44 19 15 sand for germination tests: 56 ...... 45 19 15 55 ...... 46 20 15 CC GILL SAND TS WEIGHT IN 54 ...... 47 20 16 [118.3 . (1 ) /I 53 ...... 48 20 16 GRAMS] × 20.2¥8.0 = THE NUMBER OF 52 ...... 48 20 16 CC. OF WATER TO ADD TO EACH 100 51 ...... 50 20 16 GRAMS OF AIR-DRY SAND. (b) When at the time of the pre- (c) The amount of water provided by scribed final count there are indica- this formula is satisfactory for seeds tions, such as presence of firm the size of clovers and will have to be ungerminated seeds, that a satisfac- modified slightly, depending on the tory germination has not been ob- kind of seed being tested and the kind tained; of sand used. For example, slightly (c) When there is evidence that the more moisture should be added when results may not be reliable due to im- the larger seeds are to be tested. proper test conditions, errors in seed- (d) In preparing soil tests water ling evaluation, the presence of fungi should be added to the soil until it can or bacteria, or inaccuracies in counting be formed into a ball when squeezed in or recording results; the palm of the hand but will break

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freely when pressed between two fin- be doubt as to the proper evaluation of gers. After the soil has been moistened such tests. it should be rubbed through a sieve and (c) Seedlings infected with fungi or put in the seed containers without bacteria should be regarded as normal packing. if all essential structures are present. (e) The addition of water subsequent A seedling that has been seriously to placing the seed in test will depend damaged by bacteria or fungi from any on the evaporation from the substrata source other than the specific seed in the germination chambers. Since the should be regarded as normal if it is de- rate of evaporation will depend upon the relative humidity of the air, it is termined that all essential structures desirable to keep water in the germina- were present before the injury or dam- tion chambers or to provide other age occurred. Germination counts means of supplying a relative humidity should be made on samples where con- of approximately 95 percent. Germina- tamination and decay are present at tion tests should be observed at fre- approximately 2-day intervals between quent intervals to insure an adequate the usual first count and the final moisture supply of the substrata at all count. During the progress of the ger- times. mination test, seeds which are obviously dead and moldy and which may [20 FR 7931, Oct. 21, 1955] be a source of contamination of § 201.56 Interpretation. healthy seeds should be removed at (a) A seed shall be considered to have each count and the number of such germinated when it has developed dead seeds should be recorded. When those essential structures which, for symptoms of certain diseases develop the kind of seed under consideration, which can be readily recognized and are indicative of its ability to produce identified, their presence should be a normal plant under favorable condi- noted. tions. In general, the following are con- (d) Seed units containing more than sidered to be essential structures nec- one seed or embryo, such as New Zea- essary for the continued development land spinach seed, Beta seed, double of the seedling (although some struc- fruits of the carrot family (Apiaceae), tures may not be visible in all kinds at multiple seeds of burnet, and seed units the time of seedling evaluation). Seed- of grasses consisting of multiple lings possessing these essential struc- florets, shall be tested as a single seed tures are referred to as normal seed- and shall be regarded as having ger- lings: Root system (consisting of pri- minated if they produce one or more mary, secondary, seminal, or adven- normal seedlings. titious roots); hypocotyl; epicotyl; cot- (e) Standard guides for seedling in- yledon(s); terminal bud; primary terpretation shall include the following leaves; and coleoptile and mesocotyl descriptions for specific kinds and (in the grass family). Abnormal seed- groups. The ‘‘General Description’’ for lings consist of those with defects to these structures, as described in the each group of crop kinds describes a abnormal seedling descriptions, and seedling without defects. While such a are judged to be incapable of continued seedling is clearly normal, seedlings growth. The seedling descriptions as- with some defects may also be classi- sume that test conditions were ade- fied as normal, provided the defects do quate to allow proper assessment of the not impair the functioning of the essential seedling structures. structure. The ‘‘Abnormal seedling de- (b) Sand and/or soil tests may be used scription’’ is to be followed when judg- as a guide in determining the classi- ing the severity of defects. fication of questionable seedlings and [20 FR 7931, Oct. 21, 1955, as amended at 25 FR the evaluation of germination tests 8771, Sept. 13, 1960; 59 FR 64500, Dec. 14, 1994; made on approved artificial media. 85 FR 40582, July 7, 2020] This is intended to provide a method of checking the reliability of tests made on artificial substrata when there may

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§ 201.56–1 Goosefoot family, (i) One or more essential structures Chenopodiaceae, and Carpetweed impaired as a result of decay from pri- family, Aizoaceae. mary infection. (For discolored seed- Kinds of seed: Beet, Swiss chard, lings of beet and Swiss chard, see fourwing saltbush, spinach, New Zea- § 201.58(b)(3).) land spinach, and forage kochia. (ii) Albino. (a) General description. [59 FR 64500, Dec. 14, 1994] (1) Germination habit: Epigeal dicot. (2) Food reserves: Leaf-like § 201.56–2 Sunflower family, cotyledons and perisperm. Asteraceae (Compositae). (3) Shoot system: The hypocotyl Kinds of seed: Artichoke, cardoon, elongates carrying the cotyledons chicory, dandelion, endive, great bur- above the soil surface. The epicotyl dock, lettuce, safflower, salsify, Lou- usually does not show any development isiana sagewort, and sunflower. within the test period. (a) Lettuce. (4) Root system: A primary root; sec- (1) General description. ondary roots may develop within the (i) Germination habit: Epigeal dicot. test period. (ii) Food reserves: Cotyledons which (5) Seedling: Frequent counts should expand and become thin, leaf-like, and be made on multigerm beet since the photosynthetic. The cotyledons of growing seedlings will separate from some varieties develop elongated the cluster making it difficult to iden- petioles. tify the source. Any cluster which pro- (iii) Shoot system: The hypocotyl duces at least one normal seedling is elongates and carries the cotyledons classified as normal; only one normal above the soil surface. The epicotyl seedling per cluster is to be counted usually does not show any development (see § 201.56(d)). Toxic substances from within the test period. the clusters of beet and Swiss chard (iv) Root system: A long primary may cause discoloring of the hypocotyl root. and/or root. Seedlings which are slight- (v) Seedling: The interpretations of ly discolored are to be classified as nor- lettuce seedlings are made only at the mal; however, if there is excessive dis- end of the test period. coloration, retest by the method in (2) Abnormal seedling description. § 201.58(b)(3). (i) Cotyledons: (b) Abnormal seedling description. (A) Less than half of the original cot- (1) Cotyledons: yledon tissue remaining attached. (B) Less than half of the original cot- (i) Less than half of the original cotyledon tissue free of necrosis or decay. yledon tissue remaining attached. (Remove attached seed coat for evalua- (ii) Less than half of the original cot- tion of cotyledons. Physiological ne- yledon tissue free of necrosis or decay. crosis is manifested by discolored areas (2) Epicotyl: on the cotyledons and should not be (i) Missing. (May be assumed to be confused with natural pigmentation of present if cotyledons are intact.) some lettuce varieties.) (ii) [Reserved] (ii) Epicotyl: (3) Hypocotyl: (A) Missing. (May be assumed to be (i) Deep open cracks extending into present if cotyledons are intact.) the conducting tissue. (B) Any degree of necrosis or decay. (ii) Malformed, such as markedly (iii) Hypocotyl: shortened, curled, or thickened. (A) Deep open cracks extending into (iii) Watery. the conducting tissue. (4) Root: (B) Severely twisted or grainy. (i) None. (C) Watery. (ii) Weak, stubby, or missing primary (iv) Root: root with weak secondary or adven- (A) Stubby or missing primary root. titious roots. (Secondary roots will not compensate (iii) For discolored roots of beet and for a defective primary root.) Swiss chard, see § 201.58(b)(3). (B) Primary root tip blunt, swollen, (5) Seedling: or discolored. (Toxic materials in the

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substratum may cause short, blunt (A) One or more essential structures roots; see § 201.58(a)(9).) impaired as a result of decay from pri- (C) Primary root with splits or le- mary infection. sions. (B) Albino. (v) Seedling: [59 FR 64500, Dec. 14, 1994] (A) Swollen cotyledons associated with extremely short or vestigial § 201.56–3 Mustard family, hypocotyl and root. Brassicaceae (Cruciferae). (B) One or more essential structures Kinds of seed: Broccoli, brussels impaired as a result of decay from pri- sprouts, cabbage, Chinese cabbage, cau- mary infection. liflower, collards, garden cress, upland (C) Albino. cress, water cress, kale, Chinese kale, (b) Other kinds in the sunflower fam- Siberian kale, kohlrabi, mustard, ily: Artichoke, cardoon, chicory, dan- pakchoi, radish, rape, rutabaga, and delion, endive, great burdock, saf- turnip. flower, salsify, Louisiana sagewort, and (a) General description. sunflower. (1) Germination habit: Epigeal dicot. (1) General description. (2) Food reserves: Cotyledons which (i) Germination habit: Epigeal dicot. expand and become thin, leaf-like and (ii) Food reserves: Cotyledons which photosynthetic. In Brassica, Sinapis, expand and become thin, leaf-like, and and Raphanus, the cotyledons are bi- photosynthetic. lobed and folded, with the outer coty- (iii) Shoot system: The hypocotyl ledon being larger than the inner. elongates and carries the cotyledons (3) Shoot system: The hypocotyl above the soil surface. The epicotyl elongates and carries the cotyledons usually does not show any development above the soil surface; the epicotyl within the test period. usually does not show any development (iv) Root system: A long primary within the test period. root with secondary roots usually de- (4) Root system: A long primary root. veloping within the test period. (b) Abnormal seedling description. (2) Abnormal seedling description. (1) Cotyledons: (i) Cotyledons: (i) Decayed at point of attachment. (A) Less than half of the original cot- (ii) Less than half of the original cotyledon tissue remaining attached. yledon tissue remaining attached. (B) Less than half of the original cot- (iii) Less than half of the original yledon tissue free of necrosis or decay. cotyledon tissue free of necrosis or (Remove any attached seed coats at decay. the end of the test period for evalua- (2) Epicotyl: tion of cotyledons.) (i) Missing. (May be assumed to be (ii) Epicotyl: present if the cotyledons are intact.) (A) Missing. (May be assumed to be (ii) [Reserved] present if cotyledons are intact.) (3) Hypocotyl: (B) [Reserved] (i) Deep open cracks extending into (iii) Hypocotyl: the conducting tissue. (A) Deep open cracks extending into (ii) Malformed, such as markedly the conducting tissue. shortened, curled, or thickened. (B) Malformed, such as markedly (iii) Watery. shortened, curled, or thickened. (4) Root: (C) Watery. (i) Weak, stubby, or missing primary (iv) Root: root. (Secondary roots will not com- (A) None. pensate for a defective root.) (B) Weak, stubby, or missing primary (ii) [Reserved] root with weak secondary or adven- (5) Seedling: titious roots. (Seedlings with roots (i) One or more essential structures bound within tough seed coats should impaired as result of decay from pri- be left in the test until the final count mary infection. to allow for development.) (ii) Albino. (v) Seedling: [59 FR 64501, Dec. 14, 1994]

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§ 201.56–4 Cucurbit family, (a) Cereals: Agrotricum, barley, oat, (Cucurbitaceae). rye, mountain rye, wheat, wheat × Kinds of seed: Citron, cucumber, agrotricum, and triticale. West India gherkin, melon, pumpkin, (1) General description. squash, and watermelon. (i) Germination habit: Hypogeal (a) General description. monocot. (1) Germination habit: Epigeal dicot. (ii) Food reserves: Endosperm. The (2) Food reserves: Cotyledons which scutellum is a modified cotyledon are large and fleshy; they expand, be- which is in direct contact with the come photosynthetic, and usually per- endosperm. During germination the sist beyond the seedling stage. scutellum remains inside the seed to (3) Shoot system: The hypocotyl absorb nutrients from the endosperm elongates and the cotyledons are pulled and transfer them to the growing seed- free of the seed coat, which often ad- ling. heres to a peg-like appendage at the (iii) Shoot system: The shoot consists base of the hypocotyl. The epicotyl of the coleoptile, leaves enclosed in the usually does not show any development coleoptile, and the mesocotyl. The within the test period. coleoptile elongates and pushes (4) Root system: A long primary root through the soil surface; the mesocotyl with numerous secondary roots. may elongate depending on the variety (b) Abnormal seedling description. and light intensity, but may not be dis- (1) Cotyledons: cernible. Splitting of the coleoptile oc- (i) Less than half of the original cot- curs naturally as a result of growth yledon tissue remaining attached. and emergence of the leaves. (iv) Root system: A primary root and (ii) Less than half of the original cot- seminal roots. The primary root is not yledon tissue free of necrosis or decay. readily distinguishable from the sem- (Remove any attached seed coats at inal roots; therefore, all roots arising the end of the test period for evalua- from the seed are referred to as sem- tion of cotyledons.) inal roots. (2) Epicotyl: (2) Abnormal seedling description. (i) Missing. (May be assumed to be (i) Shoot: present if the cotyledons are intact.) (A) Missing. (ii) [Reserved] (B) No leaf. (3) Hypocotyl: (C) Leaf extending less than halfway (i) Deep open cracks extending into up into the coleoptile. the conducting tissue. (D) Leaf extensively shredded or (ii) Malformed, such as markedly split. shortened, curled, or thickened. (E) Spindly or watery. (4) Root: (F) Grainy, spirally twisted, shred- (i) None. ded, and weak. (ii) Weak, stubby, or missing primary (G) Deep open cracks in the root, with less than two strong sec- mesocotyl. ondary or adventitious roots. (ii) Root: (5) Seedling: (A) Less than one strong seminal (i) One or more essential structures root. impaired as a result of decay from pri- (B) [Reserved] mary infection. (iii) Seedling: (ii) Albino. (A) Decayed at point of attachment [59 FR 64501, Dec. 14, 1994] to the scutellum. (B) One or more essential structures § 201.56–5 Grass family, Poaceae impaired as a result of decay from pri- (Gramineae). mary infection. Kinds of seed: Bentgrasses, (C) Albino. bluegrasses, bluestems, bromes, cere- (D) Endosperm obviously detached als, fescues, millets, orchardgrass, from the root-shoot axis (e.g. kernel redtop, ryegrasses, sorghums, timothy, lifted away by the growing shoot). turf timothy, wheatgrasses, and all (E) Thickened and shortened roots other grasses listed in § 201.2(h). and/or shoots.

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(b) Rice. scutellum remains inside the seed to (1) General description. absorb nutrients from the endosperm (i) Germination habit: Hypogeal and transfer them to the growing seed- monocot. ling. (ii) Food reserves: Endosperm. The (iii) Shoot system: The shoot consists scutellum is a modified cotyledon of the coleoptile, leaves enclosed in the which is in direct contact with the coleoptile, and the mesocotyl. The endosperm. During germination the coleoptile elongates and pushes scutellum remains inside the seed to through the soil surface. The absorb nutrients from the endosperm mesocotyl usually elongates. Splitting and transfer them to the growing seed- of the coleoptile occurs naturally as a ling. result of growth and emergence of the (iii) Shoot system: The shoot consists leaves. A twisted and curled shoot of the coleoptile, leaves enclosed in the bound by a tough seed coat may be coleoptile, and the mesocotyl. The considered normal, provided the shoot coleoptile elongates and pushes is not decayed. through the soil or water surface; the (iv) Root system: Strong primary mesocotyl may elongate depending on root and seminal roots. Adventitious the variety and environmental condi- roots may start to develop from the tions. Splitting of the coleoptile occurs mesocotyl or coleoptilar node within naturally as a result of growth and the test period. emergence of the leaves. (2) Abnormal seedling description. (iv) Root system: Strong primary (i) Shoot: root and seminal roots. Adventitious (A) Missing. roots may start to develop from the (B) Thickened and shortened. mesocotyl or coleoptilar node within (C) No leaf. the test period. If the mesocotyl elon- (D) Leaf extending less than halfway gates, the adventitious roots will be up into the coleoptile. carried above the grain. (E) Leaf extensively shredded or (2) Abnormal seedling description. split. (i) Shoot: (F) Spindly or watery. (A) Missing. (G) Deep open cracks in the (B) No leaf. mesocotyl. (C) Leaf extending less than halfway (ii) Root: up into the coleoptile. (D) Leaf extensively shredded or (A) None. split. (B) Weak, stubby, or missing primary (E) Spindly or watery. root with weak seminal roots. (F) Deep open cracks in the (iii) Seedling: mesocotyl. (A) Decayed at point of attachment (ii) Root: to the scutellum. (A) None. (B) One or more essential structures (B) Weak primary root with insuffi- impaired as a result of decay from pri- cient seminal or adventitious roots. mary infection. (iii) Seedling: (C) Albino. (A) Decayed at point of attachment (d) Johnsongrass, sorghum, sorgrass, to the scutellum. sorghum almum, sudangrass, and sor- (B) One or more essential structures ghum-sudangrass. impaired as a result of decay from pri- (1) General description. mary infection. (i) Germination habit: Hypogeal (C) Albino. monocot. (c) Corn. (ii) Food reserves: Endosperm. The (1) General description. scutellum is a modified cotyledon (i) Germination habit: Hypogeal which is in direct contact with monocot. endosperm. During germination the (ii) Food reserves: Endosperm. The scutellum remains inside the seed to scutellum is a modified cotyledon absorb nutrients from the endosperm which is in direct contact with the and transfer them to the growing seed- endosperm. During germination the ling.

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(iii) Shoot system: The shoot consists through the soil surface. The of the coleoptile, leaves enclosed in the mesocotyl may or may not elongate coleoptile, and the mesocotyl. The significantly, depending on the kind. coleoptile elongates and pushes Splitting of the coleoptile occurs natu- through the soil surface; the mesocotyl rally as a result of growth and emer- usually elongates. Areas of natural, gence of the leaves. reddish pigmentation may develop on (iv) Root system: A long primary the mesocotyl and coleoptile. Splitting root. Secondary or adventitious roots of the coleoptile occurs naturally as a may develop within the test period. In result of growth and emergence of the certain kinds (e.g. bermudagrass) the leaves. primary root may not be readily visible (iv) Root system: A long primary because it is coiled inside the tightly root, usually with secondary roots de- fitting lemma and palea. At the time of veloping within the test period. Adven- evaluation, the glumes should be re- titious roots may start to develop from moved and the root observed. Such the mesocotyl or coleoptilar node with- seedlings are classified as normal if the in the test period. Areas of natural, primary root has developed. For Ken- reddish pigmentation may develop on tucky bluegrass, a primary root 1⁄16 the root. inch (1.6 mm) or more in length is clas- (2) Abnormal seedling description. sified as normal. (i) Shoot: (2) Abnormal seedling description. (A) Missing. (i) Shoot: (B) Thickened and shortened. (A) Missing. (C) No leaf. (B) Short, thick, and grainy. (D) Leaf extending less than halfway (C) No leaf. up into the coleoptile. (D) Leaf extending less than halfway (E) Leaf extensively shredded or up into the coleoptile. split. (E) Leaf extensively shredded or (F) Spindly or watery. split. (G) Deep open cracks in the (F) Spindly or watery. mesocotyl. (G) Deep open cracks in the (ii) Root: mesocotyl. (A) None. (ii) Root: (B) Damaged or weak primary root (A) Missing or defective primary root with less than two strong secondary even if other roots are present. roots. (B) Spindly, stubby, or watery pri- (iii) Seedling: mary root. (A) Decayed at point of attachment (iii) Seedling: to the scutellum. (A) Decayed at point of attachment (B) One or more essential structures to the scutellum. impaired as a result of decay from pri- (B) One or more essential structures mary infection. impaired as a result of decay from pri- (C) Albino. mary infection. (e) Grasses and millets. (C) Albino. (1) General description. (D) Yellow (when grown in light). (i) Germination habit: Hypogeal (E) Endosperm obviously detached monocot. from the root-shoot axis (e.g. kernel (ii) Food reserves: Endosperm. The lifted away by the growing shoot). scutellum is a modified cotyledon [59 FR 64501, Dec. 14, 1994, as amended at 65 which is in direct contact with the FR 1708, Jan. 11, 2000] endosperm. During germination the scutellum remains inside the seed to § 201.56–6 Legume or pea family, absorb nutrients from the endosperm Fabaceae (Leguminosae). and transfer them to the growing seed- Kinds of seed: Alfalfa, alyceclover, ling. asparagusbean, beans (Phaseolus spp.), (iii) Shoot system: The shoot consists Florida beggarweed, black medic, of the coleoptile, leaves enclosed in the broadbean, burclovers, buttonclover, coleoptile, and the mesocotyl. The chickpea, clovers (Trifolium spp.), coleoptile elongates and pushes cowpea, crotalarias, crownvetch, guar,

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hairy indigo, kudzu, lentil, lespedezas, sometimes referred to as a ‘‘knee,’’ is lupines, northern sweetvetch, peas, considered normal.) peanut, roughpea, sainfoin, sesbania, (B) Malformed, such as markedly sourclover, soybean, sweetclovers, shortened, curled, or thickened. trefoils, velvetbean, and vetches. (Hypocotyl stunting or curling may be (a) Field bean, garden bean, lima caused by seedling orientation or con- bean, mung bean, asparagusbean, and striction on or in the substratum.) cowpea. (Hypocotyl collar rot is the breakdown (1) General description. of hypocotyl tissue initially character- (i) Germination habit: Epigeal dicot. ized by a watery appearance and col- (ii) Food reserves: Cotyledons which lapse of the hypocotyl below the are large and fleshy. cotyledonary node. The area later be- (iii) Shoot system: The hypocotyl comes discolored, shrivelled, and ne- elongates and carries the cotyledons crotic. The condition is caused by in- above the soil surface. The epicotyl sufficient calcium available to the elongates, causing the terminal bud to seedling. If hypocotyl collar rot is ob- emerge from between the cotyledons; served on seedlings of garden bean, the the primary leaves expand rapidly. sample involved shall be retested in ac- (iv) Root system: A long primary cordance with § 201.58(b)(12).) root with secondary roots. (iv) Root: (2) Abnormal seedling description. (A) None. (i) Cotyledons: (B) Weak, stubby, or missing primary (A) For garden bean (Phaseolus root with weak secondary or adven- vulgaris in part), remove any attached titious roots. (A root bound within a seed coats at the end of the test period tough seed coat is considered normal.) for evaluation of cotyledons: (v) Seedling: (1) Less than half of the original cot- (A) One or more essential structures yledon tissue remaining attached. impaired as the result of decay from (2) Less than half of the original cot- primary infection. (Secondary infec- yledon tissue free of necrosis or decay. tion is common in towel and blotter (B) All other kinds: tests. Some pathogens, such as Fusar- (1) Both missing and the seedling ium, Phomopsis, and Rhizoctonia, can generally weak. spread through the substratum and in- (2) [Reserved] fect seedlings some distance away from (ii) Epicotyl: the primary source. Seedlings with sec- (A) Missing. ondary infection are to be classified as (B) Deep open cracks. normal. A retest in sand or soil may be (C) Malformed, such as markedly advisable.) curled or thickened. (B) Albino. (D) Less than one primary leaf. (b) Adzuki bean, broadbean, (E) Primary leaves too small in pro- chickpea, field pea, lentil, pea, portion to the rest of the seedling, usu- roughpea, runner bean, velvetbean, and ally associated with visible defects of, vetches. or damage to, the main stem of the (1) General description. epicotyl. (i) Germination habit: Hypogeal (F) Terminal bud missing or dam- dicot. aged. (If a few seedlings with total or (ii) Food reserves: Cotyledons which partial decay to the epicotyl are found, are large and fleshy, and remain en- they may be classified as normal, pro- closed within the seed coat beneath the vided the hypocotyl and root are nor- soil surface. They are usually not pho- mal. The epicotyl on such seedlings tosynthetic. usually does not decay when grown in a (iii) Shoot system: The epicotyl elon- fairly dry environment and exposed to gates and carries the terminal bud and light. A retest, preferably in soil or primary leaves above the soil surface. sand, will aid in interpretation of such The stem bears one or more scale seedlings.) leaves and, prior to emergence, is (iii) Hypocotyl: arched near the apex, causing the ter- (A) Deep open cracks extending into minal bud to be pulled through the the conducting tissue. (A healed break, soil; after emergence, the stem

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straightens. For practical purposes, the (iv) Root system: A long primary hypocotyl is not discernible and is not root with secondary roots. an evaluation factor. Buds in the axils (2) Abnormal seedling description. of each cotyledon and scale leaf usu- (i) Cotyledons: ally remain dormant unless the ter- (A) Less than half of the original cot- minal bud is seriously damaged. In this yledon tissue remaining attached. case, one or more axillary buds may (B) Less than half of the original cot- start to develop into a shoot. If the ax- yledon tissue free of necrosis or decay. illary shoot is well-developed, it may (ii) Epicotyl: be considered normal. (A) Missing. (iv) Root system: A long primary (B) Less than one primary leaf. root with secondary roots. (C) Deep open cracks. (2) Abnormal seedling description. (D) Terminal bud damaged, missing, (i) Cotyledons: or decayed. (If a few seedlings with par- (A) Less than half of the original tis- tial decay of the epicotyl are found, sue remaining attached. they may be classified as normal, pro- (B) Less than half of the original tis- vided the hypocotyl and root are nor- sue free of necrosis or decay. mal. The epicotyl on such seedlings (ii) Epicotyl: usually does not decay when grown in a (A) Missing. fairly dry environment and is exposed (B) Less than one primary leaf. to light. A retest, preferably in soil or (C) Malformed such as markedly sand, will aid in interpretation of such shortened, curled, or thickened. seedlings.) (iii) Hypocotyl: (D) Severely damaged (e.g. terminal (A) Deep open cracks extending into bud missing or damaged) with only a the conducting tissue. (Adventitious weak shoot developing from the axil of roots may occur at the site of injury, a cotyledon or scale leaf. particularly on the hypocotyl and near (E) Two weak and spindly shoots. the base of the cotyledons. The seed- (F) Deep open cracks extending into ling is classified as normal if the injury the conducting tissue. is healed over and other essential (iii) Root: structures are normal.) (A) None. (B) Malformed, such as markedly (B) Weak, stubby, or missing primary shortened, curled, or thickened. root with weak secondary roots. (Hypocotyl development is slow until (iv) Seedlings: the roots start functioning. Caution (A) One or more essential structures should be exercised to ensure slow impaired as a result of decay from pri- seedlings are not classified as abnor- mary infection. (Secondary infection is mal. Hypocotyl stunting or curling common in towel and blotter tests. also may be caused by seedling orienta- Some pathogens can spread through tion or constriction on or in the sub- the substratum and infect seedlings stratum.) some distance away from the primary (iv) Root: source. Seedlings with secondary infec- (A) None. tion are classified as normal. A retest (B) Weak, stubby, or missing primary in sand or soil may be advisable.) root with weak secondary or adven- (B) Albino. titious roots. (Roots of seedlings on (c) Soybean and lupine. ‘‘Kimpak’’ with insufficient moisture (1) General description. may not become established and (i) Germination habit: Epigeal dicot. hypocotyl elongation may appear to be (ii) Food reserves: Cotyledons, which abnormal. There may be curling of the are large and fleshy; they expand and root and hypocotyl. When a number of become photosynthetic. seedlings are observed with this condi- (iii) Shoot system: The hypocotyl tion, the sample should be retested.) elongates and carries the cotyledons (v) Seedlings: above the soil surface. The primary (A) One or more essential structures leaves usually increase in size and the impaired as a result of decay from pri- epicotyl may elongate within the test mary infection. (Secondary infection is period. common in towel and blotter tests.

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Some pathogens, such as Fusarium, (B) Weak, stubby, or missing primary Phomopsis, and Rhizoctonia, can spread root with weak secondary or adven- through the substratum and infect titious roots. seedlings some distance away from the (v) Seedling: primary source. Seedlings with sec- (A) One or more essential structures ondary infection are to be classified as impaired as a result of primary infec- normal. A retest in sand or soil may be tion. advisable.) (B) Albino. (B) Albino. (e) Alfalfa, alyceclover, Florida (d) Peanut. beggarweed, black medic, burclovers, (1) General description. buttonclover, milkvetch, clovers, (i) Germination habit: Epigeal dicot. crotalarias, crownvetch, guar, hairy in- (ii) Food reserves: Cotyledons, which digo, kudzu, lespedezas, northern are large and fleshy. sweetvetch, sainfoin, sesbania, (iii) Shoot system: The cotyledons sourclover, sweetclovers, and trefoils. are carried to the soil surface by the (1) General description. hypocotyl which is very thick, nar- (i) Germination habit: Epigeal dicot. rowing abruptly at the root. Elon- (ii) Food reserve: Cotyledons, which gation of the hypocotyl stops when the are small and fleshy; they expand and epicotyl is exposed to light at the soil become photosynthetic. The cotyledons surface. The primary leaves are com- of sub clover develop elongated pound and usually expand during the petioles. test period. (iii) Shoot system: The hypocotyl (iv) Root system: A long primary elongates and carries the cotyledons root with secondary roots. Adven- above the soil surface. The epicotyl titious roots develop from the base of usually does not show any development the hypocotyl if the primary root is within the test period. damaged. (iv) Root system: A long, tapering (2) Abnormal seedling description. primary root, usually with root hairs. (i) Cotyledons: Secondary roots may or may not de- (A) Less than half of the original cot- velop within the test period, depending yledon tissue remaining attached. on the kind. (B) Less than half of the original cotyledon tissue free of necrosis or decay. (2) Abnormal seedling description. (ii) Epicotyl: (i) Cotyledons: (A) Missing. (A) Less than half of the original cot- (B) Less than one primary leaf. yledon tissue remaining attached. (C) Deep open cracks. (Breaks at the point of attachment of (D) Terminal bud damaged, missing, the cotyledons to the hypocotyl are or decayed. common in seeds which have been me- (iii) Hypocotyl: chanically damaged. It is important (A) Deep open cracks extending into that seedlings not be removed during the conducting tissue. preliminary counts unless development (B) Malformed, such as markedly is sufficient to allow the conditions of shortened or curled. (Hypocotyls re- the cotyledons to be determined. If the main somewhat thickened and may ap- point of attachment of the cotyledons pear to be stunted. Light, depth of cannot be seen at the end of the test, planting, and substratum moisture all the seed coat should be peeled back to contribute to the length of the determine whether a break has oc- hypocotyl. Hypocotyl stunting or curl- curred.) ing may be caused by seedling orienta- (B) Less than half of the original cot- tion or constriction in the substratum. yledon tissue free of necrosis or decay. Seedlings planted in a soil test with (ii) Epicotyl: the radicle too close to the surface may (A) Missing. (May be assumed to be send roots above the soil and appear to present if both cotyledons are intact.) exhibit negative geotropism and a dis- (B) [Reserved] torted, U-shaped hypocotyl. (iii) Hypocotyl: (iv) Root: (A) Deep open cracks extending into (A) None. the conducting tissue.

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(B) Malformed, such as markedly (v) Root system: A long slender pri- shortened, curled, or thickened. (Seed- mary root. lings of sainfoin which have been con- (2) Abnormal seedling description. stricted by growing through the net- (i) Cotyledon: ting of the pod, but which are other- (A) Detached from seedling. wise normal, are classified as normal.) (B) Deep open cracks at basal end. (C) Weak and watery. (iv) Root: (ii) Epicotyl: (A) None. (A) Missing. (B) Primary root stubby. (The roots (B) Terminal bud missing or dam- of sweetclovers may be stubby when aged. grown on artificial substrata due to the (C) Deep open cracks. presence of coumarin in the seed; since (D) Malformed, such as markedly this condition usually does not occur shortened, curled, or thickened. in soil, such seedlings are classified as (E) Spindly. normal. Roots may appear stubby as a (F) Watery. result of being bound by the seed coat; (iii) Hypocotyl: such seedlings are classified as normal. (A) Deep open cracks. Crownvetch produces phytotoxic ef- (B) [Reserved] fects similar to sweetclovers.) (C) Split extending into the (iv) Root: hypocotyl. (A) No primary root. (v) Seedling: (B) Stubby primary root with weak (A) One or more essential structures secondary roots. impaired as a result of decay from pri- (v) Seedling: mary infection. (A) One or more essential structures (B) Albino. impaired as a result of decay from pri- [59 FR 64503, Dec. 14, 1994, as amended at 65 mary infection. FR 1708, Jan. 11, 2000] (B) Albino. (b) Chives, leek, onion, Welsh onion. § 201.56–7 Lily family, Liliaceae. (1) General description. Kinds of seed: Asparagus, chives, (i) Germination habit: Epigeal leek, onion, and Welsh onion. monocot. (a) Asparagus. (ii) Food reserves: Endosperm which (1) General description. is hard, semi-transparent, and non- (i) Germination habit: Hypogeal starchy; minor reserves in the coty- monocot. ledon. (ii) Food reserves: Endosperm which is hard, semi- transparent, and non- (iii) Cotyledon: A single cylindrical starchy; minor reserves in the coty- cotyledon. The cotyledon emerges with ledon. The endosperm surrounds the the seed coat and endosperm attached entire embryo. to the tip. A sharp bend known as the (iii) Cotyledon: A single cylindrical ‘‘knee’’ forms; continued elongation of cotyledon; following germination, all the cotyledon on each side of this knee but the basal end remains embedded in pushes it above the soil surface. The the endosperm to absorb nutrients. cotyledon tip is pulled from the soil (iv) Shoot system: The epicotyl elon- and straightens except for a slight gates and carries the terminal bud kink which remains at the site of the above the soil surface. The epicotyl knee. may bear several small scale leaves. A (iv) Shoot system: The first foliage short hypocotyl is barely distinguish- leaf emerges through a slit near the able, joining the root to the basal end base of the cotyledon, but this does not of the cotyledon. More than one shoot usually occur during the test period. may arise simultaneously, and the The hypocotyl is a very short transi- seedling may be considered normal if tional zone between the primary root at least one shoot is well- developed and the cotyledon, and is not distin- and has a terminal growing point, pro- guishable for purposes of seedling eval- vided other essential structures are uation. normal.

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(v) Root system: A long slender pri- (i) Deep open cracks extending into mary root with adventitious roots de- the conducting tissue. veloping from the hypocotyl. The pri- (ii) Malformed, such as markedly mary root does not develop secondary shortened, curled, or thickened. roots. (4) Root: (2) Abnormal seedling description. (i) None. (i) Cotyledon: (ii) Weak, stubby, or missing primary (A) Short and thick. root with weak secondary or adven- (B) Without a definite bend or titious roots. ‘‘knee’’. (5) Seedling: (C) Spindly or watery. (i) One or more essential structures (ii) Epicotyl: impaired as a result of decay from pri- (A) Not observed during the test pe- mary infection. riod. (ii) Albino. (B) [Reserved] (iii) Hypocotyl: [59 FR 64505 Dec. 14, 1994] (A) Not evaluated. (B) [Reserved] § 201.56–9 Mallow family, Malvaceae. (iv) Root: Kinds of seed: Cotton, kenaf, and (A) No primary root. okra. (B) Short, weak, or stubby primary (a) General description. root. (1) Germination habit: Epigeal dicot. (v) Seedling: (2) Food reserve: Cotyledons, which (A) One or more essential structures are convoluted in the seed; they expand impaired as a result of decay from pri- and become thin, leaf-like, and photo- mary infection. synthetic. (B) Albino. (3) Shoot system: The hypocotyl [59 FR 64504, Dec. 14, 1994] elongates carrying the cotyledons above the soil surface. The epicotyl § 201.56–8 Flax family, Linaceae. usually does not show any development within the test period. Areas of yel- Kind of seed: Flax. lowish pigmentation may develop on (a) General description. the hypocotyl in cotton. (1) Germination habit: Epigeal dicot. (4) Root system: A primary root, with (Due to the mucilaginous nature of the secondary roots usually developing seed coat, seedlings germinated on within the test period. Areas of yel- blotters may adhere to the blotter and lowish pigmentation may develop on appear to be negatively geotropic.) the root in cotton. (2) Food reserves: Cotyledons which expand and become photosynthetic. (b) Abnormal seedling description. (3) Shoot system: The hypocotyl (1) Cotyledons: elongates carrying the cotyledons (i) Less than half of the original cot- above the soil surface. The epicotyl yledon tissue remaining attached. usually does not show any development (ii) Less than half of the original cot- within the test period. yledon tissue free of necrosis or decay. (4) Root system: A primary root, with (Remove any attached seed coats at secondary roots usually developing the end of the test period for evalua- within the test period. tion of cotyledons.) (b) Abnormal seedling description. (2) Epicotyl: (1) Cotyledons: (i) Missing. (May be assumed to be (i) Less than half of the original cot- present if both cotyledons are intact.) yledon tissue remaining attached. (ii) [Reserved] (ii) Less than half of the original cot- (3) Hypocotyl: yledon tissue free of necrosis or decay. (i) Deep open cracks or grainy lesions (2) Epicotyl: extending into the conducting tissue. (i) Missing. (May be assumed to be (ii) Malformed, such as markedly present if cotyledons are intact.) shortened, curled, or thickened. (ii) [Reserved] (4) Root: (3) Hypocotyl: (i) None.

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(ii) Weak, stubby, or missing primary § 201.56–11 Knotweed family, root with weak secondary or adven- Polygonaceae. titious roots. Kinds of seed: Buckwheat, rhubarb, (5) Seedling: and sorrel. (i) One or more essential structures (a) General description. impaired as a result of decay from pri- (1) Germination habit: Epigeal dicot. mary infection. (A cotton seedling with (2) Food reserves: Cotyledons, yellowish areas on the root or starchy endosperm. hypocotyl is classified as normal, pro- (3) Shoot system: The hypocotyl vided the cotyledons are free of infec- elongates carrying the cotyledons tion.) above the soil surface. The epicotyl (ii) Albino. usually does not show any development [59 FR 64505 Dec. 14, 1994] within the test period. (4) Root system: A primary root, with § 201.56–10 Spurge family, secondary roots developing within the Euphorbiaceae. test period for some kinds. Kind of seed: Castorbean. (b) Abnormal seedling description. (a) General description. (1) Cotyledons: (1) Germination habit: Epigeal dicot. (i) Less than half of the original cot- (2) Food reserves: Cotyledons, which yledon tissue remaining attached. are thin and leaf-like; endosperm (ii) Less than half of the original cot- (fleshy food-storage organs) usually yledon tissue free of necrosis or decay. persisting in the laboratory test. (2) Epicotyl: (3) Shoot system: The hypocotyl (i) Missing. (May be assumed to be lengthens, carrying the cotyledons, present if cotyledons are intact.) endosperm, and epicotyl above the soil (ii) [Reserved] surface. (3) Hypocotyl: (4) Root system: A primary root, with (i) Deep open cracks or grainy lesions secondary roots usually developing extending into the conducting tissue. within the test period. (ii) Malformed, such as markedly (b) Abnormal seedling description. shortened, curled, or thickened. (1) Cotyledons: (iii) Watery. (i) Less than half of the original cot- (4) Root: yledon tissue remaining attached. (i) None. (ii) Less than half of the original cot- (ii) Weak, stubby, or missing primary yledon tissue free of necrosis or decay. root with weak secondary or adven- (2) Endosperm: titious roots. (i) Missing. (5) Seedling: (ii) [Reserved] (i) One or more essential structures (3) Epicotyl: impaired as a result of decay from pri- (i) Missing. mary infection. (ii) Damaged or missing terminal (ii) Albino. bud. [59 FR 64506, Dec. 14, 1994] (4) Hypocotyl: (i) Deep open cracks extending into § 201.56–12 Miscellaneous plant fami- the conducting tissue. lies. (ii) Malformed, such as markedly Kinds of seed by family: shortened, curled, or thickened. Carrot family, Apiaceae (5) Root: (Umbelliferae)—carrot, celery, celeriac, (i) None. dill, parsley, parsnip; (ii) Weak, stubby, or missing primary Hemp family, Cannabaceae—hemp; root with weak secondary or adven- Dichondra family, Dichondraceae— titious roots. dichondra; (6) Seedling: Geranium family, Geraniaceae— (i) One or more essential structures alfilaria; impaired as a result of decay from pri- Mint family, Lamiaceae (Labiatae)— mary infection. sage, summer savory; benne family, (ii) Albino. Pedaliaceae—sesame; [59 FR 64505 Dec. 14, 1994] Rose family, Rosaceae—little burnet;

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Nightshade family, Solanaceae—egg- the above-stated shall be removed and plant, tomato, husk tomato, pepper, the test continued for 5 additional days tobacco; and and the normal seedlings included in Valerian family, Valerianaceae— the percentage of germination. For cornsalad. flatpea, continue the swollen seed in (a) General description. test for 14 days when germinating at (1) Germination habit: Epigeal dicot. 15–25 °C or for 10 days when germi- (2) Food reserves: Cotyledons; nating at 20 °C. endosperm may or may not be present, [5 FR 33, Jan. 4, 1940, as amended at 10 FR depending on the kind. 9952, Aug. 11, 1945; 20 FR 7936, Oct. 21, 1955; 65 (3) Shoot system: The hypocotyl FR 1708, Jan. 11, 2000] elongates, carrying the cotyledons above the soil surface. The epicotyl § 201.57a Dormant seeds. usually does not show any development Dormant seeds are viable seeds, other within the test period. than hard seeds, which fail to ger- (4) Root system: A primary root; sec- minate when provided the specified ondary roots may or may not develop germination conditions for the kind of within the test period, depending on seed in question. the kind. (a) Viability of ungerminated seeds (b) Abnormal seedling description. shall be determined by any of the fol- (1) Cotyledons: lowing methods or combinations of (i) Less than half of the original cot- methods: a cutting test, tetrazolium yledon tissue remaining attached. test, scarification, or application of (ii) Less than half of the original cot- germination promoting chemicals. yledon tissue free of necrosis or decay. (b) The percentage of dormant seed, (2) Epicotyl: if present, shall be determined in addi- (i) Missing. (May be assumed to be tion to the percentage of germination present if the cotyledons are intact.) for the following kinds: Bahiagrass, (ii) [Reserved] basin wildrye, big bluestem, little (3) Hypocotyl: bluestem, sand bluestem, yellow (i) Malformed, such as markedly bluestem, bottlebrush-squirreltail, shortened, curled, or thickened. buffalograss, buffelgrass, galletagrass, (ii) Deep open cracks extending into forage kochia, blue grama, side-oats the conducting tissue. grama, Indian ricegrass, johnsongrass, (iii) Watery. sand lovegrass, weeping lovegrass, (4) Root: mountain rye, sand dropseed, smilo, (i) None. switchgrass, veldtgrass, western (ii) Missing or stubby primary root wheatgrass, and yellow indiangrass. with weak secondary or adventitious (c) For green needlegrass, if the test roots. result of method 2 is less than the re- (5) Seedling: sult of method 1, subtract the result of (i) One or more essential structures method 2 from method 1 and report the impaired as a result of decay from pri- difference as the percentage of dor- mary infection. mant seed. Refer to § 201.58(b)(7). (ii) Albino. [46 FR 53638, Oct. 29, 1981, as amended at 59 [59 FR 64506, Dec. 14, 1994] FR 64506, Dec. 14, 1994]

§ 201.57 Hard seeds. § 201.58 Substrata, temperature, dura- Seeds which remain hard at the end tion of test, and certain other spe- of the prescribed test because they cific directions for testing for ger- have not absorbed water, due to an im- mination and hard seed. permeable seed coat, are to be counted Specific germination requirements as ‘‘hard seed.’’ If at the end of the ger- are set forth in table 2 to which the fol- mination period provided for legumes, lowing paragraphs (a), (b), and (c) are okra, cotton and dichondra in these applicable. rules and regulations there are still (a) Definitions and explainations appli- present swollen seeds or seeds of these cable to table 2—(1) Duration of tests. The kinds which have just started to ger- following deviations are permitted minate, all seeds or seedlings except from the specified duration of tests:

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Any test may be terminated prior to seeds at a low temperature for a speci- the number of days listed under ‘‘Final fied period of time. The prechill period count’’ if the maximum germination of is not included in the duration of tests the sample has then been determined. given in table 2, unless otherwise speci- The number of days stated for the first fied. count is approximate and a deviation (6) Predry. The term ‘‘predry’’ means of 1 to 3 days is permitted. If at the to place the seed in a shallow layer at time of the prescribed test period the a temperature of 35° to 40 °C. for a pe- seedlings are not sufficiently developed riod of 5 to 7 days, with provisions for for positive evaluation, it is possible to circulation of the air. extend the time of the test period two (7) Substrata (Kinds). The symbols additional days. If the prescribed test used for substrata are: period or the allowed extension falls on a weekend or public holiday, the test B = between blotters may be extended to the next working TB = top of blotters day. (Also, see paragraph (a)(5) of this T = paper toweling, used either as folded section and § 201.57.) towel tests or as roll towel tests in hori- zontal or vertical position (2) Light. Cool white fluorescent light S = sand or soil where soil is an artificial shall be provided where light is re- planting mix of shredded peat moss, quired in table 2. The light intensity vermiculite, and perlite shall be 75 to 125 foot-candles (750–1,250 TS = top of sand or soil lux). (The light intensity for nondor- P = covered Petri dishes: with two layers of mant seed and during seedling develop- blotters; with one layer of absorbent cot- ment may be as low as 25 foot-candles ton; with five layers of paper toweling; to enable the essential structures to be with three thicknesses of filter paper; or evaluated with greater certainty.) The with sand or soil seeds shall be illuminated for at least 8 C = creped cellulose paper wadding (0.3-inch hours every 24 hours except when thick Kimpak or equivalent) covered with a single thickness of blotter through which transferred to a low temperature ger- holes are punched for the seed that are minator during the weekend. When pressed for about one-half their thickness seeds are germinated at alternating into the paper wadding temperatures they shall be illuminated TC = on top of creped cellulose paper without during high temperature periods. Seeds a blotter for which light is prescribed shall be RB = blotters with raised covers, prepared by germinated on top of the substratum folding up the edges of the blotter to form except for ryegrass fluorescence tests. a good support for the upper fold which (3) Moisture-on-dry-side. This term serves as a cover, preventing the top from making direct contact with the seeds. means that the moistened substratum should be pressed against a dry absorb- (8) Temperature. A single numeral in- ent surface such as a dry paper towel dicates a constant temperature. Two or blotter to remove excess moisture. numerals separated by a dash indicate The moisture content thus obtained an alternation of temperature, the test should be maintained throughout the to be held at the first temperature for germination test period. approximately 16 hours and at the sec- (4) Potassium nitrate (KNO3). These ond temperature for approximately 8 terms mean a two-tenths (0.2) percent hours per day. The temperature shall solution of potassium nitrate (KNO3) be determined at the substratum level shall be used in moistening the sub- and shall be as uniform as possible stratum. Such solution is prepared by throughout the germination chamber. dissolving 2 grams of KNO3 in 1,000 ml. (A sharp alternation of temperature, of distilled water. The grade of the po- such as obtained by hand transfer, may tassium nitrate shall meet A.C.S. spec- be beneficial in breaking dormancy.) If ifications. tests are not subjected to alternating (5) Prechill. The term ‘‘prechill’’ temperatures over weekends and on means a cold, moist treatment applied holidays, they are to be held at the to seeds to overcome dormancy prior to first-mentioned temperature during the germination test. The prechill this time. In cases where two tempera- method varies among kinds, but is usu- tures are indicated (separated by a ally performed by holding imbibed semicolon) the first temperature shall

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be regarded as the regular method and seeds, then washed in running water the second as an alternate method. and the excess water blotted off. The (9) Paper substrata must be free of temperature of the soaking and wash- chemicals toxic to germinating seed ing water should be no lower than 20 and seedling growth. If root injury oc- °C. Samples producing excessive discol- curs from toxicity of a paper sub- oration of the hypocotyl or root should stratum or from the use of potassium be retested in soil or by washing in nitrate, retests shall be made on soil or running water for 3 hours and testing on a substratum moistened with water. on ‘‘Kimpak,’’ keeping the seed covered (10) Ethephon. This term means a 29 with slightly moist blotters. Sugar parts per million (0.0029 percent) solu- beets may require 16 hours soaking in tion of ethephon [(2-chloroethyl) phos- water at 25 °C, followed by rinsing and phonic acid] which shall be used to then drying for 2 hours at room tem- moisten the substratum. This solution perature. is prepared by mixing 0.6 ml of a stock (4) Buffelgrass; alternate method for solution with 5,000 ml of distilled dormant seed. The caryopses shall be rewater. The stock solution contains 24 moved from the fascicles and placed on grams of active material per 100 ml of blotters moistened with a 0.2 percent propylene glycol or two pounds of ac- solution of KNO3, in petri dishes. The tive material per gallon. A solution seeds from a fascicle should be ar- which is five times this concentration ranged so they will not be confused × (5 29 ppm) may be used for extremely with seeds from other fascicles during dormant seeds, provided seeds are the test. The seeds are then prechilled transferred to substratum moistened at 5 °C for 7 days and tested at 30 °C in with water after 1 to 3 days. light for 21 additional days. Firm (11) Ethylene. This term means that ungerminated seeds remaining at the five (5) ml of ethylene gas per cubic conclusion of the test should be 3 foot (176.57 ml/m ) of germinator space scratched lightly and left in test for 7 is injected into a germinator in which additional days. peanut seeds in moist rolled towels (5) Cotton (Gossypium spp.); dormant have been placed. Following injection samples. Samples of cottonseed which of the ethylene, the germinator is kept do not respond to the usual method closed until the first count (5 days). If should be placed in a closed container the germinator door is opened for the with water and shaken until the lint is purpose of checking or rewetting the thoroughly wet. The excess moisture samples, another injection of ethylene should then be blotted off. at the same rate shall be made. (b) Special procedures and alternate (6) Endive (Cichorium endivia); dormant 1 methods for germination referred to in samples. Add about ⁄8 inch of tap water table 2—(1) Alyceclover; swollen seeds. At at the beginning of the test and remove the conclusion of the 21-day test pe- excess water after 24 hours. riod, carefully pierce the seed coat (7) Green needlegrass; two test meth- with a sharp instrument and continue ods as prescribed in table 2 shall be the test for 5 additional days. Alter- used on each sample: nate method: The swollen seeds may be (i) For method 1, acid scarify 400 placed at 20 °C for 48 hours and then at seeds for 10 minutes in concentrated 35 °C for 3 additional days. sulfuric acid (95 to 98 percent H2 SO4). (2) Bahiagrass; removal of glumes. On Rinse seeds and dry on blotters for 16 all varieties except ‘‘Pensacola,’’ re- hours, then place seeds on blotters move the enclosing structures (glumes, moistened with a solution of 0.055 per- lemma, and palea) from the caryopsis cent (500 ppm gibberellic acid GA3) and with the aid of a sharp scalpel. If the 0.46 percent (3,000 ppm) thiram and ger- seed is fresh or dormant, lightly minate 14 days. scratch the surface of the caryopsis. (ii) For method 2, plant 400 seeds on (3) Beet, Swiss chard; preparation of blotters moistened with a 0.2 percent seed for test. Before the seeds are placed solution of KNO3 and germinate 14 on the germination substratum, they days. Refer to § 201.57a(c). shall be soaked in water for 2 hours, (iii) Report the results of method 2 as using at least 250 ml of water per 100 the percentage germination. If the

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number in method 2 is less than meth- temperature of 18 °C. is desirable for od 1, subtract the results of method 2 Trifolium spp., Medicago spp., Melilotus from method 1 and report the dif- spp., and Vicia faba. ference as dormant seed. (12) Garden bean; use of calcium ni- (8) Rescue grass (Bromus catharticus); trate. If hypocotyl collar rot is observed dormant samples. Wash for 48 hours in on seedlings, the sample involved shall running water, or soak for 48 hours, be retested using a 0.3 to 0.6 percent so- changing the water and rinsing each lution of calcium nitrate (CaNO ) to morning and night. 3 moisten the substratum. (9) Rice (Oryza sativa)—Alternate method. Plant the seeds in moist sand. On (13) Fourwing Saltbush (Atriplex the seventh day of the test add water canscens); preparation of seed for test. to a depth of one-fourth inch above the De-wing seeds and soak for 2 hours in 3 sand level and leave for the remainder liters of water, after which rinse with of the test. Only a final count is made. approximately 3 liters of distilled Dormant seeds: Presoak 24 to 48 hours water. Remove excess water, air dry for in 40 °C. water. For deeply dormant 7 days at room temperature, then test seeds, presoak 24 hours in 1,000 p.p.m. for germination as indicated in Table 2. ethylene chlorohydrin or 5 percent so- (c) Procedures for coated seed. (1) Ger- lution of sodium hypochlorite (clorox mination tests on coated seed shall be at bottle strength). conducted in accordance with methods (10) Ryegrass; fluorescence test. The in paragraphs (a) and (b) of this sec- germination test for fluorescence of tion. However, kinds for which soaking ryegrass shall be conducted in light or washing is specified in paragraph (b) [not to exceed 100 foot candles (1,076 shall not be soaked or washed in the lux)] with white filter paper as the sub- case of coated seed. stratum. The white filter paper should be nontoxic to the roots of ryegrass (i) Coated seed units shall be placed and of a texture that will resist pene- on the substratum in the condition in tration of ryegrass roots. Distilled or which they are received without rins- deionized water shall be used to moist- ing, soaking, or any other en the filter paper. The test shall be pretreatment. conducted in a manner that will pre- (ii) Coated seed units in mixtures vent the contact of roots of different which are color coded or can otherwise seedlings. Roots of some seedlings be separated by kinds shall be ger- produce fluorescent lines on white fil- minated as separate kinds without re- ter paper when viewed under ultra- moving the coating material. violet light. First counts shall not be (iii) Coated seed units in mixtures made before the eighth day; at that which cannot be separated by kinds time remove only normal fluorescent without removing the coating material seedlings. Evaluation of fluorescence shall be de-coated and germinated as shall be made under F15T8–BLB or separate kinds. The coating material comparable ultraviolet tubes in an area where light from other sources is ex- shall be removed in a manner that will cluded. If there are over 75 percent nor- not affect the germination capacity of mal fluorescent seedlings present at the seeds. the time of the first count, break the (2) The moisture level of the sub- contact of the roots of the nonfluores- stratum is important. It may depend cent seedlings from the substratum and on the water-absorbing capacity of the reread the fluorescence at the time of coating material. A retest may be nec- the final count. At the final count, lift essary before satisfactory germination each remaining seedling, observing the of the sample is achieved. path of each root since sometimes faint (3) Phytotoxic symptoms may be evi- fluorescence will show on the sub- dent when germinating coated seeds in stratum as the root is lifted. Abnormal paper substrata. In such cases a retest seedlings and dead seeds are not evalu- in sand or soil may be necessary. ated for fluorescence. See § 201.58a(a). (11) Trifolium, Medicago, Melilotus, and Vicia faba; temperature requirements. A

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TABLE 2—GERMINATION REQUIREMENTS FOR INDICATED KINDS

First Final Additional directions Name of seed Substrata Temperature (°C) count count days days Specific requirements Fresh and dormant seed

AGRICULTURAL SEED Agrotricum ...... B, T, S 20; 15 ...... 4 7 ...... Prechill at 5 or 10 °C for 5 days. Alfalfa ...... B, T, S 20 ...... 4 17 See ¶(b)(11). Alfilaria ...... B, T 20–30 ...... 3 14 Clip seeds. Alyceclover ...... B, T 35 ...... 4 121 See ¶ (b)(1) for swollen seeds. Bahiagrass: Var. Pensa- P, S 20–35 ...... 7 28 Light; see ¶ (b)(2) ...... See § 201.57a cola. All other P 30–35 ...... 3 21 Light; remove glumes; Scratch caryopses; vars.. see ¶ (b)(2). KNO3; see § 201.57a Barley ...... B, T, S 20; 15 ...... 4 7 ...... Prechill 5 days at 5 or 10 °C or predry Barrelclover ...... B, T 20 ...... 4 114 Remove seeds from bur; see ¶ (b)(11). Bean: Adzuki ...... B, T, S 20–30 ...... 4 110 Field ...... B, T, S, TC 20–30; 25 ...... 5 18 Mung ...... B, T, S 20–30 ...... 3 17 Beet, field ...... B, T, S 20–30 ...... 3 14 See ¶ (b)(3). Beet, sugar ...... B, T, S 20–30; 20 ...... 3 10 See ¶ (b)(3). Beggarweed, B, T 30 ...... 5 128 Florida. Bentgrass: Colonial ...... P 15–30; 10–30; 7 28 Light; KNO3 ...... Prechill at 5 or 10 °C for 15–25. 7 days. Creeping ...... P 15–30; 10–30; 7 28 Light; KNO3 ...... Prechill at 5 or 10 °C for 15–25. 7 days. Velvet ...... P 15–25; 20–30 ...... 7 21 Light; KNO3. Bermudagrass .... P 20–35 ...... 7 21 Light; KNO3; see ¶ (a)(9). Bermudagrass, P 20–35 ...... 7 21 Light; KNO3; see ¶ (a)(9) Prechill at 10 °C for 7 giant. days and then test at 20–35 °C; continue tests of hulled seed for 14 days and of unhulled seed for 21 days Bluegrass: Annual ...... P 20–30 ...... 7 21 Light. Bulbous ...... P, S 10 ...... 10 35 KNO3 or soil ...... Prechill all samples at 5 °C for 7 days. Canada ...... P 15–25; 15–30 ...... 10 28 Light; KNO3 ...... 10–30 °C. Glaucantha .. P 15–25; 15–30 ...... 10 28 Light; KNO3. Kentucky ...... P 15–25; 15–30 ...... 10 28 Light; KNO3 ...... Prechill at 10 °C for 5 days. Nevada ...... P 20–30 ...... 7 21 Light; KNO3. Rough ...... P 20–30 ...... 7 21 Light. Texas ...... P 20–30 ...... 7 28 Light; KNO3 ...... Prechill at 5 °C for 2 weeks. Wood ...... P 20–30 ...... 7 28 Light. Bluejoint ...... TB, P 15–25 ...... 10 21 Light and KNO3 optional Prechill at 5 °C for 5 days Bluestem: Big ...... P, TS 20–30 ...... 7 14 Light; KNO3 ...... Prechill at 5 °C for 2 weeks; see § 201.57a. Little ...... P, TS 20–30 ...... 7 14 Light; KNO3 ...... Prechill at 5 °C for 2 weeks; see § 201.57a. Sand ...... P, TS 20–30 ...... 7 14 Light; KNO3 ...... Prechill at 5 °C for 2 weeks; see § 201.57a. Yellow ...... P, TS 20–30 ...... 5 14 Light; KNO3 ...... Prechill at 5 °C for 2 weeks; see § 201.57a. Bottlebrush- P, B 20; 15 ...... 10 14 ...... See § 201.57a. squirreltail. Brome: Field ...... P, TB 15–25; 20–30 ...... 6 14 Light ...... Prechill at 10 °C for 5 days. Meadow ...... B, T, TB 20–30 ...... 6 14 Light optional. Mountain ...... P 20–30 ...... 6 14 Light..

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TABLE 2—GERMINATION REQUIREMENTS FOR INDICATED KINDS—Continued

First Final Additional directions Name of seed Substrata Temperature (°C) count count days days Specific requirements Fresh and dormant seed

Smooth ...... P, B, TB 20–30 ...... 6 14 Light optional ...... Prechill at 5 or 10 °C for 5 days, then test at 30 °C for 9 additional days. Broomcorn ...... B, T, S 20–30 ...... 3 10 Buckwheat ...... B, T 20–30 ...... 3 6 Buffalograss: (Burs) ...... P,TB,TS 20–35 ...... 7 14 Light;KNO3 ...... Prechill at 5 °C for 2 weeks; See § 201.57a. (Caryopses) P 20–35 ...... 5 14 Light;KNO3. Buffelgrass ...... S 30 ...... 7 28 Light; press fascicles See ¶ (b)(4); see into well-packed soil § 201.57a. and prechill at 5 °C for 7 days. Burclover, Cali- B, T 20 ...... 4 1 14 Remove seeds from fornia. bur; see ¶ (b)(11). Burclover, spotted B, T 20 ...... 4 1 14 Remove seeds from bur; see ¶ (b)(11). Burnet, littler ...... B, T 15 ...... 5 14 Buttonclover ...... B, T 20 ...... 4 1 10 See ¶(b)(11) ...... 15 °C. Camelina ...... TB 20 ...... 4 7 Canarygrass ...... B, T 20–30 ...... 3 7 Canarygrass, P 20–30 ...... 5 21 Light; KNO3. reed. Carpetgrass ...... P 20–35 ...... 10 21 Light...... KNO3. Castorbean ...... T, S 20–30 ...... 7 14 Remove caruncle if mold interferes with test. Chess, soft ...... P 20–30 ...... 7 14 Light ...... Prechill at 5 or 10 °C for 7 days. Chickpea ...... T,S 20–30 ...... 3 1 17 Clover: Alsike ...... B, T, S 20 ...... 3 1 7 See ¶(b)(11) ...... 15 °C. Arrowleaf ..... B, T 20; 15 ...... 4 1 14 See ¶(b)(11). Berseem ...... B, T, S 20 ...... 3 1 7 See ¶(b)(11) ...... 15 °C. Cluster ...... B, T 20 ...... 4 1 10 See ¶(b)(11) ...... 15 °C. Crimson ...... B, T, S 20 ...... 4 1 7 See ¶(b)(11) ...... 15 °C. Kenya ...... B, T, S 20 ...... 3 17 Ladino ...... B, T, S 20 ...... 3 1 7 See ¶(b)(11) ...... 15 °C. Lappa ...... B, T 20 ...... 3 1 7 See ¶(b)(11) ...... 15 °C. Large hop .... B, T 20 ...... 4 1 14 See ¶(b)(11) ...... 15 °C. Persian ...... B, T 20 ...... 3 1 7 See ¶(b)(11) ...... 15 °C. Red ...... B, T, S 20 ...... 4 1 7 See ¶(b)(11) ...... 15 °C. Rose ...... B, T 20 ...... 4 1 10 See ¶(b)(11) ...... 15 °C. Small hop .... B, T 20 ...... 4 1 14 See ¶(b)(11) ...... 15 °C. Strawberry ... B, T 20 ...... 3 1 7 See ¶(b)(11) ...... 15 °C. Sub ...... B, T 20 ...... 4 1 14 See ¶(b)(11) ...... 15 °C. White ...... B, T, S 20 ...... 3 1 7 See ¶(b)(11) ...... 15 °C. Corn: Field ...... B, T, S, TC 20–30; 25 ...... 4 7 Pop ...... B, T, S, TC 20–30; 25 ...... 4 7 Cotton ...... B, T, S 20–30; 30 ...... 4 1 12 Test by alternate method; see ¶ (b)(5). Cowpea ...... B, T, S 20–30 ...... 5 1 8 Crambe ...... T,B 20;25 ...... 4 7 ...... KNO3 Crested dogtail ... P 20–30 ...... 10 21 Light ...... Prechill at 5° or 10 °C for 3 days. Crotalaria: Lance ...... B, T, S 20–30 ...... 4 1 10 Showy ...... B, T, S 20–30 ...... 4 1 10 Slenderleaf .. B, T, S 20–30 ...... 4 1 10 Striped ...... B, T, S 20–30 ...... 4 1 10 Sunn ...... B, T, S 20–30 ...... 4 1 10 Crownvetch ...... B,T,TB,S 20 ...... 7 1 14 Dallisgrass ...... P 20–35 ...... 7 21 Light; KNO3. Dichondra ...... B, T 20–30 ...... 7 1 28 Drop seed, sand P 5–35; 15–35 ...... 5 14 Light; KNO3 ...... Prechill at 5 °C for 4 weeks; see § 201.57a. Emmer ...... B, T, S 20; 15 ...... 4 7 ...... Prechill at 5 or 10 °C for 5 days or predry.

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TABLE 2—GERMINATION REQUIREMENTS FOR INDICATED KINDS—Continued

First Final Additional directions Name of seed Substrata Temperature (°C) count count days days Specific requirements Fresh and dormant seed

Fescue: Chewings ..... P 15–25 ...... 7 21 Light and KNO3 optional Prechill at 5 or 10 °C for 5 days. Hair ...... P 10–25 ...... 10 28 KNO3. Hard ...... P 15–25 ...... 7 21 Light and KNO3 optional. Meadow ...... P 15–25; 20–30 ...... 5 14 Light and KNO3 optional. Red ...... P 15–25 ...... 7 21 Light and KNO3 optional. Sheep ...... P 15–25 ...... 7 21 Light and KNO3 optional. Tall ...... P 15–25; 20–30 ...... 5 14 Light and KNO3 optional Prechill at 5 or 10 °C for 5 days and test for 21 days. Flatpea ...... T 15–25;20 ...... 14 1 28 Flax ...... B, T, S 20–30 ...... 3 7 Foxtail, creeping P 15–30 ...... 7 21 Light;KNO3. Foxtail, meadow P 20–30 ...... 7 14 Light. Galletagrass ...... P, B 20; 25; 20–30 ...... 4 10 ...... See § 201.57a Grama: Blue ...... P, TB 20–30 ...... 7 14 Light ...... KNO3; see § 201.57a. Side-oats ..... P 15–30 ...... 7 14 Light; KNO3 ...... See § 201.57a. Guar ...... B, T, S 30; 20–30 ...... 5 1 14 Guineagrass ...... P 15–35 ...... 10 28 Light; KNO3 optional. Hardinggrass ...... P 10–30 ...... 7 28 Light...... KNO3. Alternate P 15–25 ...... 7 14 Light; presoak at 15 °C method. for 24 hrs. Hemp ...... B, T 20–30 ...... 3 7 Indiangrass, yel- P, TS 20–30 ...... 7 14 Light; KNO3 ...... Prechill at 5 °C for 2 low. weeks; see § 201.57a. Indigo, hairy ...... B, T 20–30 ...... 5 1 14 Japanese P 35–20 ...... 10 28 Light; KNO3. lawngrass. Johnsongrass ..... P 20–35 ...... 7 35 Light...... KNO3; see § 201.57a. Kenaf ...... T, B 20–30 ...... 4 1 8 Kochia, forage .... P 20 ...... 4 14 ...... See § 201.57a. Kudzu ...... B, T 20–30 ...... 5 1 14 Lentil ...... B, T 20 ...... 5 1 10 Lespedeza: Korean ...... B, T, S 20–35 ...... 5 1 14 Sericea ...... B, T, S 20–35 ...... 7 1 21 Siberian ...... B, T, S 20–35 ...... 7 1 21 Striate ...... B, T, S 20–35 ...... 7 1 14 Lovegrass, sand P 20–30 ...... 5 14 Light; KNO3 ...... Prechill at 5 or 10 °C for 6 weeks; see § 201.57a. Lovegrass, weep- P 20–35 ...... 5 14 Light...... KNO3; see § 201.57a. ing. Lupine: Blue ...... B, T, S 20 ...... 4 1 10 White ...... B, T 20 ...... 3 1 10 Yellow ...... B, T 20 ...... 7 1 10 Manilagrass ...... P 35–20 ...... 10 28 Light; KNO3. Medic, black ...... B, T, S 20 ...... 4 1 7 See ¶(b)(11). Milkvetch ...... B, T 20 ...... 6 1 14 Alternate B, TB, T 15–25 ...... 10 1 21 method. Millet: Browntop ..... B, P, T 20–30; 30 ...... 4 14 Light and KNO3 optional Predry at 35 or 40 °C for 7 days and test at 30 °C. Alternate B, P, T 5–35 ...... 4 14 Light; KNO3. method. Foxtail ...... B, T 15–30; 20–30 ...... 4 10 Japanese ..... B, T 20–30 ...... 4 10 Pearl ...... B, T 20–30 ...... 3 7 Proso ...... B, T 20–30 ...... 3 7 Molassesgrass .... P 20–30 ...... 7 21 Light. Mustard: Black ...... P 20–30 ...... 3 7 Light...... KNO3 and prechill at 10 °C for 3 days. India ...... P 20–30 ...... 3 7 Light ...... Prechill at 10 °C for 7 days and test for 5 days; KNO3.

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TABLE 2—GERMINATION REQUIREMENTS FOR INDICATED KINDS—Continued

First Final Additional directions Name of seed Substrata Temperature (°C) count count days days Specific requirements Fresh and dormant seed

White ...... P 20–30 ...... 3 5 Light. Napiergrass ...... B, T 20–30 ...... 3 10 Needlegrass, green:

Method 1 ..... P 15–30 ...... 7 14 H2 SO4,GA3 and thiram; dark; see ¶ (b)(7).

Method 2 ..... P 15–30 ...... 7 14 KNO3; dark; see (b)(7). Oat ...... B, T, S 20; 15 ...... 5 10 ...... Prechill at 5 or 10 °C for 5 days and test for 7 days or predry and test for 10 days. Oatgrass, tall ...... P 20–30 ...... 6 14 Light. Orchardgrass ...... P, TS 15–25 ...... 7 21 Light; germination more Prechill at 5 or 10 °C for rapid on soil. 7 days. Panicgrass, blue P, TS 20–30 ...... 7 28 Light.

Panicgrass, green P 15–35 ...... 10 28 Light; KNO3 optional. Pea, field ...... B, T, S 20 ...... 3 18 Peanut ...... B, T, S 20–30; 25 ...... 5 110 Remove shells ...... Ethephon or ethylene; see ¶ (a) (10) and (11). Radish ...... B, T 20 ...... 4 6 Rape: Annual ...... B, T 20–30 ...... 3 7

Bird ...... P 20–30 ...... 3 10 Light...... KNO3. Turnip ...... B, T 20–30 ...... 3 7 Winter ...... B, T 20–30 ...... 3 7

Redtop ...... P, TB 20–30 ...... 5 10 Light ...... KNO3. Rescuegrass ...... P, S 10–30 ...... 7 28 Light; see ¶ (b)(8) for al- In soil at 15 °C. ternate method.

Rhodesgrass ...... P 20–30 ...... 6 14 Light; KNO3. Rice ...... T, S 20–30; 30 ...... 5 14 See ¶ (b)(9) for alternate Presoak; see ¶ (b)(9). method. Ricegrass, Indian P 15 ...... 7 42 ...... Prechill at 5 °C for 4 weeks and test for 21 additional days; see § 201.57a. Alternate S 5–15; 15; 15–25 .. 7 28 ...... Dark; prechill in soil at 5 method. °C for 4 weeks; see § 201.57a. Roughpea ...... B, T 20 ...... 7 114 Rye ...... B, T, S 20; 15 ...... 4 7 ...... Prechill at 5 or 10 °C for 5 days or predry. Rye, mountain .... B, T 20; 15 ...... 4 7 ...... See § 201.57a. Ryegrass:

Annual ...... P, TB 15–25 ...... 5 14 Light optional; see Light; KNO3; prechill at ¶ (b)(10) for fluores- 5 or 10 °C for 5 days cence test. and test at 15–25 °C; if still dormant prechill for 3 days and continue test at 15–25 °C an additional 4 days.

Intermediate P, TB 15–25 ...... 7 14 Light...... KNO3 and prechill at 5 or 10 °C for 5 days and test at 15–25 °C; if still dormant rechill for 3 days and continue test at 15–25 °C an additional 4 days.

Perennial ..... P, TB 15–25 ...... 5 14 Light optional; see Light; KNO3; prechill at ¶ (b)(10) for fluores- 5 or 10 °C for 5 days cence test. and test at 15–25 °C; if still dormant rechill for 3 days and continue test at 15–25 °C an additional 4 days.

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TABLE 2—GERMINATION REQUIREMENTS FOR INDICATED KINDS—Continued

First Final Additional directions Name of seed Substrata Temperature (°C) count count days days Specific requirements Fresh and dormant seed

Wimmera ..... P, TB 15–25; 20–30 ...... 5 14 Light optional ...... Light; KNO3; prechill at 5 or 10 °C for 5 days and test at 15–25 °C; if still dormant rechill for 3 days and continue test at 15–25 °C an additional 4 days. Safflower ...... P, B, T, S 15; 20 ...... 4 14 Light at 15 °C. Sagewort, Lou- P 15–25 ...... 7 14 Light. isiana. Sainfoin ...... B, T 20–30 ...... 4 1 14 Saltbush, B 20 ...... 5 14 See ¶ (b)(13) ...... Prechill at 5 °C for 7 fourwing. days. Alternate B 15 ...... 21 method. Sesame ...... B, T, TB 20–30 ...... 3 6 Sesbania ...... B, T 20–30 ...... 5 1 7 Smilo ...... P 20–30 ...... 7 42 Light ...... Prechill at 5 °C for 2 weeks; see § 201.57a. Sorghum ...... B, T, S 20–30 ...... 4 10 ...... Prechill grain vars. at 5° or 10 °C for 5 days; test sweet vars. at 30–45 °C, maintaining 45 °C for 2–4 hours per day. Sorghum almum T, S 20–35; 15–35 ...... 5 21 ...... Prechill at 5 °C for 5 days; on the 10th day of test, clip or pierce the distal end of ungerminated seeds. Sorghum- B, T, S 20–30; 25 ...... 4 10 ...... Prechill at 5 or 10 °C for sudangrass. 5 days. Sorgrass 2 ...... B, T, S 15–35; 20–35 ...... 5 21 ...... Prechill at 5 or 10 °C for 7 days. Sourclover ...... B, T 20 ...... 3 1 14 See ¶(b)(11). Soybean ...... B, T, S, TC 20–30; 25 ...... 5 1 8 Spelt ...... B, T, S 20; 15 ...... 4 7 ...... Prechill at 5 or 10 °C for 5 days, or predry. Sudangrass ...... B, T, S 20–30; 15–30 ...... 4 10 ...... Prechill at 10 °C for 5 days. Sunflower ...... T,B 20 ...... 4 7 Sweetclover: White ...... B, T, S 20 ...... 4 1 7 See ¶(b)(11). Yellow ...... B, T, S 20 ...... 4 1 7 See ¶(b)(11). Sweet P 20–30 ...... 6 14 Light. vernalgrass. Sweetvetch, B, TB, T 15–25; 20 ...... 14 1 28 northern. Switchgrass ...... P, TS 15–30 ...... 7 14 Light; KNO3 ...... Prechill at 5 °C for 2 weeks; see § 201.57a. Teff ...... TB 20—30 ...... 4 7 KNO3. Timothy ...... P, TB 15–25; 20–30 ...... 5 10 Light; see ¶ (a)(9) ...... KNO3 and prechill at 5 or 10 °C for 5 days. Timothy, turf ...... P, TB 15–25; 20–30 ...... 5 10 Light ...... KNO3 and prechill at 5 or 10 °C for 5 days. Tobacco ...... P, TB 20–30 ...... 7 14 Light. Trefoil: Big ...... B, T 20 ...... 5 1 12 Birdsfoot ...... B, P, T 20 ...... 5 1 12 Triticale ...... B, T, S 20; 15 ...... 4 7 ...... Prechill at 5 or 10 °C for 5 days, or predry. Vaseygrass ...... P 20–35 ...... 7 21 Light...... KNO3. Veldtgrass ...... P 10–30 ...... 7 28 Light...... See §201.57a. Velvetbean ...... B, T, S, C 20–30 ...... 3 1 14 Velvetgrass ...... P 20–30 ...... 6 14 Light. Vetch: Common ...... B, T 20 ...... 5 1 10 Hairy ...... B, T 20 ...... 5 1 14 Hungarian .... B, T 20 ...... 5 1 10 Monantha .... B, T 20 ...... 5 1 10

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TABLE 2—GERMINATION REQUIREMENTS FOR INDICATED KINDS—Continued

First Final Additional directions Name of seed Substrata Temperature (°C) count count days days Specific requirements Fresh and dormant seed

Narrowleaf ... B, T 20 ...... 5 1 14 Purple ...... B, T 20 ...... 5 1 10 Woollypod .... B, T 20 ...... 5 1 14 ...... Prechill at 10 °C for 5 days, test at 15 °C. Wheat: Common ...... B, T, S 20; 15 ...... 4 7 ...... Prechill at 5 or 10 °C for 5 days, or predry. Club ...... B, T, S 20; 15 ...... 4 7 ...... Prechill at 5 or 10 °C for 5 days, or predry. Durum ...... B, T, S 20; 15 ...... 4 10 ...... Prechill at 5 or 10 °C for 5 days, or predry. Polish ...... B, T, S 20; 15 ...... 4 7 ...... Prechill at 5 or 10 °C for 5 days, or predry. Poulard ...... B, T, S 20; 15 ...... 4 7 ...... Prechill at 5 or 10 °C for 5 days, or predry. Wheat Agrotricum B, T, S 20; 15 ...... 4 7 ...... Prechill at 5 or 10 °C for 5 days, or predry. Wheatgrass: Beardless .... P, TB 15–25 ...... 7 14 Light and KNO3 optional KNO3 and prechill at 5 or 10 °C for 7 days. Fairway P, TB 15–25; 20–30 ...... 5 14 Light and KNO3 optional KNO3 and prechill at 5 crested. or 10 °C for 7 days. Standard P, TB 15–25; 20–30 ...... 5 14 Light and KNO3 optional KNO3 and prechill at 5 crested. or 10 °C for 7 days. Intermediate P 15–25 ...... 5 28 Light and KNO3 optional KNO3 and prechill at 5 or 10 °C for 7 days. Alternate P 20–30 ...... 5 28 Light. method. Pubescent ... P 15–25 ...... 5 28 Light and KNO3 optional KNO3 and prechill at 5 or 10 °C for 7 days. Alternate P 20–30 ...... 5 28 Light. method. Siberian ...... P, TB 15–25 ...... 7 14 Light and KNO3 optional KNO3 and prechill at 5 or 10 °C for 7 days. Slender ...... P, TB 15–25; 10–30 ...... 5 14 Light and KNO3 optional Prechill at 5 or 10 °C for 5 days; if still dormant on the 10th day, rechill 2 days, then place at 20–30 °C for 4 days. Streambank P, TB 15–25 ...... 5 14 Light and KNO3 optional Prechill at 5 or 10 °C for 5 days. Tall ...... P 15–25 ...... 5 21 Light and KNO3 optional Prechill at 5 or 10 °C for 5 days. Alternate P 20–30 ...... 5 21 Light ...... Prechill at 5 or 10 °C for method. 5 days. Western ...... B, P, T 15–30 ...... 7 28 Dark ...... KNO3 or soil; see § 201.57a. Wildrye: Basin ...... P 15–25 ...... 10 21 ...... See §201.57a. Canada ...... P 15–30 ...... 7 21 Light ...... Prechill at 5 °C for 2 weeks. Russian ...... P 20–30 ...... 5 14 Light ...... Prechill at 5 or 10 °C for 5 days. VEGETABLE SEED Artichoke ...... B, T 20–30 ...... 7 21 Asparagus ...... B, T, S 20–30 ...... 7 21 Asparagusbean .. B, T, S 20–30 ...... 5 1 8 Bean: Garden ...... B, T, S, TC 20–30; 25 ...... None 1 8 ...... See ¶(b)(12). Lima ...... B, T, C, S 20–30 ...... 5 1 9 Runner ...... B, T, S 20–30 ...... 5 1 9 Beet ...... B, T, S 20–30 ...... 3 14 See ¶ (b)(3). Broadbean ...... S, C 20 ...... 4 1 14 See ¶ (b)(11) ...... Prechill at 10 °C for 3 days. Broccoli ...... B, P, T 20–30 ...... 3 10 ...... Prechill at 5 or 10 °C for 3 days; KNO3 and light. Brussels Sprouts B, P, T 20–30 ...... 3 10 ...... Prechill 5 days at 5 or 10 °C for 3 days; KNO3 and Light.

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TABLE 2—GERMINATION REQUIREMENTS FOR INDICATED KINDS—Continued

First Final Additional directions Name of seed Substrata Temperature (°C) count count days days Specific requirements Fresh and dormant seed

Burdock, great .... B, T 20–30 ...... 7 14 Cabbage ...... B, P, T 20–30 ...... 3 10 ...... Prechill at 5 or 10 °C for 3 days; KNO3 and light. Cabbage, Chi- B, T 20–30 ...... 3 7 nese.

Cabbage, B, P 20–30 ...... 3 10 ...... Prechill at 5 or 10 °C for tronchuda. 3 days; KNO3 and light. Cardoon ...... B, T 20–30 ...... 7 21 Carrot ...... B, T 20–30 ...... 6 14 Cauliflower ...... B, P, T 20–30 ...... 3 10 ...... Prechill at 5 or 10 °C for 3 days; KNO3 and light Celeriac ...... P 5–25; 20 ...... 10 21 Light; see ¶ (a)(9). Celery ...... P 15–25; 20 ...... 10 21 Light; see ¶ (a)(9). Chard, Swiss ...... B, T, S 20–30 ...... 3 14 See ¶ (b)(3). Chicory ...... P, TS 20–30 ...... 5 14 Light; KNO3 or soil; see ¶ (a)(9). Chives ...... B, T 20 ...... 6 14 Citron ...... B, T 20–30 ...... 7 14 Soak seeds 6 hrs ...... Test at 30 °C. Collards ...... B, P, T 20–30 ...... 3 10 ...... Prechill at 5 or 10 °C for 3 days; KNO3 and light . Corn, sweet ...... B, T, S, TC 20–30; 25 ...... 4 7 Cornsalad ...... B, T 15 ...... 7 28 Test at 10 °C.. Cowpea ...... B, T, S 20–30 ...... 5 1 8 Cress: Garden ...... B, P, T 15 ...... 4 10 ...... Light. Upland ...... P, TB 20–35 ...... 4 7 Light; KNO3. Water ...... P 20–30 ...... 4 14 Light. Cucumber ...... B, T, S 20–30 ...... 3 7 Keep substratum on dry side; see ¶ (a)(3). Dandelion ...... P, TB 20–30 ...... 7 21 Light; see ¶ (a)(9). Dill ...... B, T 20–30 ...... 7 21 Eggplant ...... P, TB, RB, T 20–30 ...... 7 14 Light; KNO3.. Endive ...... P, TS 20–30 ...... 5 14 Light; KNO3 or soil ...... See ¶ (b)(6). Gherkin, West B, T, S 20–30 ...... 3 7 Test at 30 °C.. India. Kale ...... B, P, T 20–30 ...... 3 10 ...... Prechill at 5° or 10 °C for 3 days; KNO3 and light. Kale, Chinese ..... B, P, T 20–30 ...... 3 10 ...... Prechill at 5 or 10 °C for 3 days; KNO3 and light. Kale, Siberian ..... B, P, T 20–30; 20 ...... 3 7 Kohlrabi ...... B, P, T 20–30 ...... 3 10 ...... Prechill at 5 or 10 °C for 3 days; KNO3 and light. Leek ...... B, T 20 ...... 6 14 Lettuce ...... P 20 ...... None 7 Light ...... Prechill at 10 °C for 3 days or test at 15 °C. Melon ...... B, T, S 20–30 ...... 4 10 Keep substratum on dry side; see ¶ (a)(3). Mustard, India ..... P 20–30 ...... 3 7 Light ...... Prechill at 10 °C for 7 days and test for 5 additional days; KNO3. Mustard, spinach B, T 20–30 ...... 3 7 Okra ...... B, T 20–30 ...... 4 1 14 Onion ...... B, T 20 ...... 6 10 Alternate S 20 ...... 6 12 method. Onion, Welsh ...... B, T 20 ...... 6 10 Pak-choi ...... B, T 20–30 ...... 3 7 Parsley ...... B, T, TS 20–30 ...... 11 28 Parsnip ...... B, T, TS 20–30 ...... 6 28 Pea ...... B, T,S 20 ...... 5 1 8 Pepper ...... TB, RB, T 20–30 ...... 6 14 ...... Light and KNO3.

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TABLE 2—GERMINATION REQUIREMENTS FOR INDICATED KINDS—Continued

First Final Additional directions Name of seed Substrata Temperature (°C) count count days days Specific requirements Fresh and dormant seed

Pumpkin ...... B, T, S 20–30 ...... 4 7 Keep substratum on dry side; see ¶ (a)(3). Radish ...... B, T 20 ...... 4 6 Rhubarb ...... TB, TS 20–30 ...... 7 21 Light. Rutabaga ...... B, T 20–30 ...... 3 14 Sage ...... B, T, S 20–30 ...... 5 14 Salsify ...... B, T 15 ...... 5 10 Prechill at 10 °C for 3 days.. Savory, summer B, T 20–30 ...... 5 21 Sorrel ...... P, TB, TS 20–30 ...... 3 14 Light ...... Test at 15 °C. Soybean ...... B, T, S, TC 20–30; 25 ...... 5 1 8 Spinach ...... TB, T 15;10 ...... 7 21 Keep substratum on dry side; see ¶ (a)(3). Spinach, New T 15; 20 ...... 5 21 Soak fruits overnight (16 On 21st day scrape Zealand. hrs), air dry 7 hrs; fruits and test for 7 plant in very wet tow- additional days. els; do not rewater unless later counts exhibit drying out. Alternate method B, T 15 ...... 5 21 Remove pulp from basal end of fruit. Squash ...... B, T, S 20–30 ...... 4 7 Keep substratum on dry side; see ¶ (a)(3). Tomato ...... B, P, RB, T 20–30 ...... 5 14 ...... Light; KNO3. Tomato, husk ...... P, TB 20–30 ...... 7 28 Light; KNO3. Turnip ...... B, T 20–30 ...... 3 7 Watermelon ...... B, T, S 20–30; 25 ...... 4 14 Keep substratum on dry Test at 30 °C. side; see ¶ (a)(3). 1 Hard seeds may be present. (See § 201.57) 2 Rhizomatous derivatives of a johnsongrass sorghum cross or a johnsongrass sudangrass cross.

[20 FR 7928, Oct. 21, 1955] may be based upon the seedling, grow-

EDITORIAL NOTE: For FEDERAL REGISTER ci- ing plant or mature plant characteris- tations affecting § 201.58, see the List of CFR tics according to such authentic infor- Sections Affected, which appears in the mation as is available. Finding Aids section of the printed volume (a) Ryegrass. In determining the pure and at www.govinfo.gov. seed percentage of perennial ryegrass and annual ryegrass, 400 seeds shall be EXAMINATIONS IN THE ADMINISTRATION grown on white filter paper and the OF THE ACT number of fluorescent seedlings determined under ultraviolet light at the § 201.58a Indistinguishable seeds. end of the germination period (see When the identification of the kind, § 201.58(b)(10)). variety, or type of seed or determina- (1) Fluorescence results are to be de- tion that seed is hybrid is not possible termined as test fluorescence level by seed characteristics, identification (TFL) to two decimal places as follows:

Number of normal fluorescent seedlings % TFL = ×100 Total number of normal seedlings

(2) The percentage of perennial ryegrass is calculated as follows:

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% VFL (annual)− % TFL % Perennial ryegrass = × % Pure ryegrass % VFL (annual)− %( VFL perennial )

where VFL = Variety fluorescence level. proximately 4.8 percent) in a stoppered (3) Using results from the above for- bottle to form tetraamminecopper sul- mula, the percentage of annual rye- fate ([Cu(NH3)4]SO4) solution used for grass is calculated as follows: this test. After mixing, a light blue precipitate of cupric hydroxide % Annual Ryegrass = % Pure Rye- (Cu(OH)2) should form. If no precipitate grass¥% Perennial Ryegrass forms, add additional CuSO4 until a (4) If the test fluorescence level precipitate appears. Since the strength (TFL) of a perennial ryegrass is equal of household ammonia can vary, forma- to or less than the variety fluorescence tion of a precipitate indicates that a level (VFL) described for the variety, complete reaction has taken place be- all pure ryegrass is considered to be pe- tween CuSO4 and NH4 OH; otherwise rennial ryegrass and the formula is not fumes from excess ammonium hydrox- applied. ide may cause eye irritation. (5) If the test fluorescence level (2) Preparation of seeds: To insure (TFL) of an annual ryegrass is equal to imbibition, scratch, prick, or otherwise or greater than the variety fluores- scarify the seed coats of the cence level (VFL) described for the va- sweetclover seeds being tested. Soak riety, all pure ryegrass is considered to seeds in water for 2 to 5 hours in a glass be annual ryegrass and the formula is container. not applied. (3) Chemical reaction: When seeds (6) A list of variety fluorescence level have imbibed, remove excess water and (VFL) descriptions for perennial rye- add enough test solution to cover the grass varieties which are more than 0 seeds. Seeds coats of yellow percent fluorescent and annual rye- sweetclover will begin to stain dark grass varieties which are less than 100 brown to black; seed coats of white percent fluorescent is maintained and sweetclover will be olive or yellow- published by the National Grass Vari- green. Make the separation within 20 ety Review Board of the Association of minutes, since the seed coats of white Official Seed Certifying Agencies sweetclover will eventually turn black (AOSCA). If the variety being tested is also. not stated or the fluorescence level has (4) Calculation of results: Count the not been described, the fluorescence number of seeds which stain dark level shall be considered to be 0 percent brown or black and divide by the total for perennial ryegrass and 100 percent number of seeds tested; multiply by the for annual ryegrass. Both VFL (annual) pure seed percentage for Melilotus spp.; and VFL (perennial) values must al- the result is the percentage of yellow ways be entered in the formula. If a pe- sweetclover in the sample. The per- rennial ryegrass variety is being test- centage of white sweetclover is found ed, the VFL (annual) value is 100 per- by subtracting the percentage of yel- cent. If an annual ryegrass variety is low sweetclover from the percentage of being tested, the VFL (perennial) value Melilotus spp. pure seed. is 0 percent. For blends the fluores- (c) Wheat. In determining varietal cence level shall be interpolated ac- purity, the phenol test may be used. cording to the portion of each variety From the pure seed sample count four claimed to be present. replicates of 100 seeds each. Soak the (b) Sweetclover. To determine the seed in distilled water for 16 hours; presence of yellow sweetclover in sam- then flush with tap water and remove ples of white sweetclover, at least 400 the excess water from the surface of seeds shall be subjected to the chem- the seeds. Place two layers of filter ical test as follows: paper in a container and moisten with (1) Preparation of test solution: Add 3 a 1 percent phenol (C6 H5 OH) solution. grams of cupric sulfate (CuSO4) to 30 Place the seed, palea side down, on the ml of household ammonia (NH4 OH, ap- two layers of filter paper and cover the 375

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container. A preliminary observation § 201.58c Detection of captan, mercury, may be made at 2 hours. At 4 hours, or thiram on seed. record the number of seeds in each of The bioassay method may be used ac- the following color categories: cording to the procedure given in Asso- (1) Ivory. ciation of Official Seed Analysts, Hand- (2) Fawn. book No. 26, ‘‘Microbiological Assay of (3) Light Brown. Fungicide-treated Seeds’’, May 1964. (4) Brown. [38 FR 12733, May 15, 1973] (5) Brown Black. (d) Soybean. In determining the vari- § 201.58d Fungal endophyte test. etal purity, the peroxidase test may be A fungal endophyte test may be used used. Remove and place the dry seed to determine the amount of fungal coat from seeds into individual test endophyte (Acremonium spp.) in certain tubes or suitable containers. Add 10 grasses. drops (0.5–1.0 ml) of 0.5 percent guaiacol (a) Method of preparation of aniline (C7 H8 O2) to each test tube. After wait- blue stain for use in testing grass seed ing 10 minutes add one drop (about 0.1 and plant material for the presence of ml) of 0.1 percent hydrogen peroxide fungal endophyte: (H2 O2). One minute after adding hydro- (1) Prepare a 1 percent aqueous ani- gen peroxide, record the seed coat as line blue solution by dissolving 1 gram peroxidase positive (high peroxidase aniline blue in 100 ml distilled water. activity) indicated by a reddish-brown (2) Prepare the endophyte staining solution or peroxidase negative (low solution of one part of 1 percent aniline peroxidase activity) indicated by a blue solution with 2 parts of 85 percent colorless solution in the test tube. Var- lactic acid (C3 H6 O3). ious sample sizes may be used for this (3) Use stain as-is or dilute with test. Test results shall include the water if staining is too dark. sample size tested. (b) Procedure for determining levels (e) Oat. In determining the varietal of fungal endophyte in grass seed: purity, the fluorescence test may be (1) Take a sub-sample of seed (1 gram used. Place at least 400 seeds on a black is sufficient) from the pure seed por- background under a F15T8–BLB or tion of the kind under consideration. comparable ultraviolet tube(s) in an (2) Digest seed at room temperature area where light from other sources is for 12–16 hours in a 5 percent sodium excluded. Seeds are considered fluores- hydroxide (NaOH) solution or other cent if the lemma or palea fluoresce or temperature/time combination result- appear light in color. ‘‘Partially fluo- ing in adequate seed softening. rescent’’ seeds shall be considered fluo- (3) Rinse thoroughly in running tap rescent. Seeds are considered non- water. fluorescent if the lemma and palea do (4) De-glume seeds and place on a mi- not fluoresce and appear dark in color croscope slide in a drop of endophyte under the ultraviolet light. staining solution. Slightly crush the [59 FR 64514, Dec. 14, 1994] seeds. Use caution to prevent carryover hyphae of fungal endophyte from one EDITORIAL NOTE: For FEDERAL REGISTER ci- seed to another. tations affecting § 201.58a, see the List of (5) Place coverglass on seed and apply CFR Sections Affected, which appears in the gentle pressure. Finding Aids section of the printed volume and at www.govinfo.gov. (6) Examine with compound microscope at 100–400x magnification, scor- § 201.58b Origin. ing a seed as positive if any identifiable hyphae are present. The presence of incidental weed (7) Various sample sizes may be used seeds, foreign matter, or any other ex- for this test. Precision changes with isting circumstances shall be consid- sample size; therefore, the test results ered in determining the origin of seed. must include the sample size tested. [5 FR 35, Jan. 4, 1940. Redesignated at 20 FR (c) Procedure for determining levels 7940, Oct. 21, 1955] of fungal endophyte in seedlings from

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seed samples suspected to contain determined from the result or results fungal endophyte: found in the administration of the Act. (1) Select seeds at random and ger- [5 FR 34, Jan. 4, 1940, as amended at 20 FR minate. 7940, Oct. 21, 1955; 24 FR 3954, May 15, 1959; 35 (2) Examine seedlings from the sam- FR 6108, Apr. 15, 1970; 85 FR 40583, July 7, ple germinated after growing for a min- 2020] imum of 48 days. § 201.60 Purity percentages. (3) Remove the outermost sheath from the seedling. Tissue should have (a)(1) The tolerance for a given per- no obvious discoloration from centage of the purity components is the same whether for pure seed, other saprophytes and should have as little crop seed, weed seed, or inert matter. chlorophyll as possible. Wider tolerances are provided when 33 (4) Isolate a longitudinal section of percent or more of the sample is com- leaf sheath approximately 3–5 mm in posed of seed plus empty florets and/or width. empty spikelets of the following chaffy (5) Place the section on a microscope kinds: bentgrasses, bermudagrasses, slide with the epidermis side down. bluegrasses, bluestems, bottlebrush- (6) Stain immediately with the squirreltail, bromes, buffalograss, endophyte staining solution as pre- buffelgrass, carpetgrass, soft chess, pared in paragraph (a) (2) and (3) of this dallisgrass, fescues, foxtails, section. Allow dye to remain at least 15 galletagrass, guineagrass, gramas, seconds but no more than one minute. molassesgrass, tall oatgrass, (7) Blot off the excess dye with tissue orchardgrass, redtop, rescuegrass, paper. Sections should remain on the rhodesgrass, Indian ricegrass, ryegrasses, sweet vernalgrass, teff, slide, but may adhere to the tissue vaseygrass, veldtgrass, wheatgrasses, paper; if so, remove and place in proper wildryes, and yellow indiangrass. The position on the slide. wider tolerances do not apply to seed (8) Place a coverglass on the sections devoid of hulls. and flood with water. (2) To determine the tolerance for (9) Proceed with evaluation as de- any purity percentage found in the ad- scribed in paragraph (b) (6) and (7) of ministration of the Act, the percentage this section. found is averaged (i) with that claimed or shown on a label or (ii) with a speci- [59 FR 64515, Dec. 14, 1994] fied standard. The tolerance is found TOLERANCES from this average. If more than one test is made, all except any test obvi- § 201.59 Application. ously in error shall be averaged and the result treated as a single percentage. Tolerances shall be recognized be- (b) The tolerances found in columns tween the percentages or rates of oc- C and D for the respective purity per- currence found by analysis, test, or ex- centages shown in columns A and B of amination in the administration of the table No. 3 shall be used for (1) Act and percentages or rates of occur- unmixed seed and (2) mixtures in which rence required or stated as required by the particle-weight ratio is 1:1 to 1.49:1, the Act. Tolerances for purity percent- inclusive. Tolerances for intermediate ages and germination percentages pro- percentages not shown in table 3 shall vided for in §§ 201.60 and 201.63 shall be be obtained by interpolation. determined from the mean of (a) the results being compared, or (b) the re- TABLE 3—TOLERANCES FOR ANY COMPONENT sult found by test and the figures OF A PURITY ANALYSIS FOR (1) UNMIXED shown on a label, or (c) the result SEED OR (2) MIXED SEED IN WHICH THE PAR- TICLE WEIGHT RATIO IS 1: 1 TO 1.49: 1, IN- found by test and a standard. All other CLUSIVE tolerances, including tolerances for

pure-live seed and fluorescence, and Average analysis (A) (B) Nonchaffy Chaffy tolerances for purity based on 10 to seeds (C) seeds (D) 1,000 seeds, seedlings, or plants shall be 99.95–100.00 ...... 0.00–0.04 0.13 0.16 99.90–99.94 ...... 05–.09 .20 .23

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TABLE 3—TOLERANCES FOR ANY COMPONENT TABLE 3—TOLERANCES FOR ANY COMPONENT OF A PURITY ANALYSIS FOR (1) UNMIXED OF A PURITY ANALYSIS FOR (1) UNMIXED SEED OR (2) MIXED SEED IN WHICH THE PAR- SEED OR (2) MIXED SEED IN WHICH THE PAR- TICLE WEIGHT RATIO IS 1: 1 TO 1.49: 1, IN- TICLE WEIGHT RATIO IS 1: 1 TO 1.49: 1, IN- CLUSIVE—Continued CLUSIVE—Continued

Average analysis (A) (B) Nonchaffy Chaffy Nonchaffy Chaffy seeds (C) seeds (D) Average analysis (A) (B) seeds (C) seeds (D)

99.85–99.89 ...... 10–.14 .24 .29 60.00–64.99 ...... 35.00–39.99 2.89 3.40 99.80–99.84 ...... 15–.19 .28 .34 50.00–59.99 ...... 40.00–49.99 2.96 3.48 99.75–99.79 ...... 20–.24 .32 .37 99.70–99.74 ...... 25–.29 .35 .41 99.65–99.69 ...... 30–.34 .37 .45 (c) Tolerances calculated by the fol- 99.60–99.64 ...... 35–.39 .40 .48 lowing formula shall be used for either 99.55–99.59 ...... 40–.44 .42 .50 chaffy or nonchaffy mixtures when the 99.50–99.54 ...... 45–.49 .44 .53 99.40–99.49 ...... 50–.59 .47 .57 average particle-weight ratio is 1.5:1 to 99.30–99.39 ...... 60–.69 .51 .60 20:1 and beyond: 99.20–99.29 ...... 70–.79 .54 .64 The symbols used in the formula are 99.10–99.19 ...... 80–.89 .57 .66 99.00–99.09 ...... 90–.99 .59 .70 as follows: 98.75–98.99 ...... 1.00–1.24 .64 .75 98.50–98.74 ...... 1.25–1.49 .71 .82 T = tolerance being calculated. 98.25–98.49 ...... 1.50–1.74 .76 .89 A = percent which the weight of the 98.00–98.24 ...... 1.75–1.99 .82 .95 component with the heavier average 97.75–97.99 ...... 2.00–2.24 .87 1.01 97.50–97.74 ...... 2.25–2.49 .92 1.07 particle-weight is of the weight of 97.25–97.49 ...... 2.50–2.74 .96 1.12 both components. 97.00–97.24 ...... 2.75–2.99 1.00 1.17 B = percent which the weight of the 96.50–96.99 ...... 3.00–3.49 1.06 1.24 96.00–96.49 ...... 3.50–3.99 1.14 1.34 component with the lighter average 95.50–95.99 ...... 4.00–4.49 1.21 1.41 particle-weight is of the weight of 95.00–95.49 ...... 4.50–4.99 1.27 1.49 both components. 94.00–94.99 ...... 5.00–5.99 1.36 1.60 93.00–93.99 ...... 6.00–6.99 1.47 1.73 H = average particle-weight for the 92.00–92.99 ...... 7.00–7.99 1.58 1.85 component with the heavier average 91.00–91.99 ...... 8.00–8.99 1.67 1.96 particle-weight. 90.00–90.99 ...... 9.00–9.99 1.75 2.06 L = average particle-weight for the 88.00–89.99 ...... 10.00–11.99 1.87 2.19 86.00–87.99 ...... 12.00–13.99 2.01 2.36 component with the lighter average 84.00–85.99 ...... 14.00–15.99 2.14 2.51 particle-weight. 82.00–83.99 ...... 16.00–17.99 2.24 2.64 R = ratio of the average particle- 80.00–81.99 ...... 18.00–19.99 2.35 2.76 78.00–79.99 ...... 20.00–21.99 2.44 2.86 weight for the component with the 76.00–77.99 ...... 22.00–23.99 2.52 2.96 heavier average particle-weight to 74.00–75.99 ...... 24.00–25.99 2.59 3.04 the average particle-weight for the 72.00–73.99 ...... 26.00–27.99 2.65 3.12 70.00–71.99 ...... 28.00–29.99 2.71 3.19 component with the lighter average 65.00–69.99 ...... 30.00–34.99 2.80 3.29 particle-weight. R = H / L.

100 R[]() 100 A/RBART//()+ − 1 T=A− []()100 B//()BAR+ + T 1+ R[]() 100 A/R //() BAR+ − T 1

T1 = regular tolerance for the kind of or other crop seeds where such values seed (chaffy or nonchaffy) and for are not obtainable from Table 1. In (100B)/(B + A/R). computing tolerances for nonchaffy In determining the values for A and kinds the values for T1 are taken from B in the formula, the sample shall be column C of Table 3, and for chaffy regarded as composed of two parts: kinds the values for T1 are taken from (1) The kind, type, or variety under column D of Table 3. consideration, and [26 FR 10036, Oct. 26, 1961, as amended at 59 (2) All other components. Values for FR 64515, Dec. 14, 1994; 65 FR 1709, Jan. 11, H and L shall be obtained from the last 2000; 85 FR 40583, July 7, 2020] column of Table 1, § 201.46, or by laboratory tests for inert matter, weed seeds,

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§ 201.61 Fluorescence percentages in FLUORESCENCE TOLERANCE, BASED ON TEST ryegrasses. FLUORESCENCE (TFL)—Continued Tolerances for 400-seed fluorescence 42 ...... 6.9 tests shall be those set forth in the fol- 41 ...... 6.9 lowing table plus one-half the regular 40 ...... 6.9 pure-seed tolerance determined in ac- 39 ...... 6.8 cordance with § 201.60. When only 200 38 ...... 6.8 37 ...... 6.8 seeds of a component in a mixture are 36 ...... 6.8 tested, an additional 2 percent shall be 35 ...... 6.7 added to the fluorescence tolerance. 34 ...... 6.7 33 ...... 6.7 FLUORESCENCE TOLERANCE, BASED ON TEST 32 ...... 6.6 FLUORESCENCE (TFL) 31 ...... 6.6 30 ...... 6.5 100. 29 ...... 6.5 99 ...... 1.0 28 ...... 6.4 98 ...... 1.6 27 ...... 6.4 97 ...... 2.0 26 ...... 6.3 96 ...... 2.3 25 ...... 6.2 95 ...... 2.6 24 ...... 6.2 94 ...... 2.9 93 ...... 3.2 23 ...... 6.1 92 ...... 3.4 22 ...... 6.0 91 ...... 3.6 21 ...... 5.9 90 ...... 3.8 20 ...... 5.8 89 ...... 4.0 19 ...... 5.7 88 ...... 4.1 18 ...... 5.6 87 ...... 4.3 17 ...... 5.5 86 ...... 4.5 16 ...... 5.4 85 ...... 4.7 15 ...... 5.3 84 ...... 4.8 83 ...... 4.9 14 ...... 5.2 82 ...... 5.0 13 ...... 5.0 81 ...... 5.2 12 ...... 4.9 80 ...... 5.3 11 ...... 4.7 79 ...... 5.4 10 ...... 4.6 78 ...... 5.5 9 ...... 4.4 77 ...... 5.6 8 ...... 4.2 76 ...... 5.7 7 ...... 4.0 75 ...... 5.8 74 ...... 5.8 6 ...... 3.7 73 ...... 5.9 5 ...... 3.5 72 ...... 6.0 4 ...... 3.2 71 ...... 6.1 3 ...... 2.8 70 ...... 6.2 2 ...... 2.4 69 ...... 6.2 1 ...... 1.8 68 ...... 6.3 0 ...... 1.0 67 ...... 6.3 66 ...... 6.4 65 ...... 6.5 [32 FR 12781, Sept. 6, 1967, as amended at 59 64 ...... 6.5 FR 64516, Dec. 14, 1994; 85 FR 40583, July 7, 63 ...... 6.5 62 ...... 6.6 2020] 61 ...... 6.6 60 ...... 6.7 § 201.62 Tests for determination of per- 59 ...... 6.7 centages of kind, variety, type, hy- 58 ...... 6.8 brid, or offtype. 57 ...... 6.8 56 ...... 6.8 Tolerances for tests for determina- 55 ...... 6.8 tion of percentages of kind, variety, 54 ...... 6.9 53 ...... 6.9 type, hybrid, or offtype shall be those 52 ...... 6.9 set forth in the following table, added 51 ...... 6.9 to one-half the required pure seed tol- 50 ...... 6.9 erances determined in accordance with 49 ...... 6.9 48 ...... 6.9 § 201.60, except that one-half the pure 47 ...... 6.9 seed tolerance will not be applied in de- 46 ...... 6.9 termining tolerances for hybrids la- 45 ...... 6.9 44 ...... 6.9 beled on the basis of the percentage of 43 ...... 6.9 pure seed which is hybrid.

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TABLE 4—TOLERANCES FOR PURITY TESTS, WHEN RESULTS ARE BASED ON 10 TO 1,000 SEEDS, SEEDLINGS, OR PLANTS USED IN A TEST

Number of seeds, seedlings, or plants in tests Seed, seedling, or plant count percent 10 20 30 50 75 100 150 200 400 800 1,000

100 or 0 ...... 0 0 0 0 000000 0 98 or 2...... 10.3 7.3 6.0 4.6 3.8 3.3 2.7 2.3 1.6 1.2 1.0 96 or 4...... 14.4 10.2 8.3 6.4 5.3 4.6 3.7 3.2 2.3 1.7 1.5 94 or 6...... 17.5 12.4 10.1 7.8 6.4 5.5 4.5 3.9 2.9 2.1 1.9 92 or 8...... 20.0 14.1 11.5 8.9 7.3 6.3 5.2 4.5 3.4 2.4 2.2 90 or 10...... 22.1 15.7 12.8 9.9 8.1 7.0 5.7 4.9 3.8 2.8 2.4 88 or 12...... 24.0 17.0 13.8 10.7 8.7 7.6 6.2 5.4 4.1 3.0 2.7 86 or 14...... 25.7 18.1 14.7 11.4 9.3 8.1 6.6 5.7 4.5 3.2 2.9 84 or 16...... 26.9 19.0 15.5 12.1 9.8 8.5 7.0 6.0 4.8 3.4 3.0 82 or 18...... 28.2 20.0 16.4 12.6 10.3 8.9 7.3 6.3 5.0 3.6 3.2 80 or 20...... 29.5 20.9 16.9 13.2 10.7 9.3 7.6 6.6 5.3 3.8 3.3 78 or 22...... 30.5 21.6 17.6 13.6 11.0 9.6 7.9 6.8 5.5 3.9 3.5 76 or 24...... 31.4 22.3 18.2 14.1 11.5 9.9 8.1 7.0 5.7 4.1 3.6 74 or 26...... 32.3 22.8 18.6 14.4 11.8 10.2 8.3 7.2 5.8 4.2 3.7 72 or 28...... 33.0 23.4 19.0 14.8 12.1 10.5 8.5 7.4 6.0 4.3 3.8 70 or 30...... 33.7 23.8 19.5 15.1 12.3 10.7 8.7 7.5 6.2 4.4 3.9 68 or 32...... 34.3 24.3 19.9 15.4 12.5 10.8 8.9 7.7 6.3 4.5 4.0 66 or 34...... 35.0 24.7 20.2 15.7 12.7 11.0 9.0 7.8 6.4 4.6 4.0 64 or 36...... 35.4 25.0 20.5 15.8 12.9 11.2 9.1 7.9 6.5 4.6 4.1 62 or 38...... 35.5 25.4 20.6 15.9 13.0 11.3 9.2 8.0 6.6 4.7 4.2 60 or 40...... 36.1 25.7 20.9 16.1 13.2 11.4 9.3 8.1 6.7 4.8 4.2 58 or 42...... 36.2 25.7 21.0 16.2 13.3 11.5 9.4 8.1 6.8 4.8 4.2 56 or 44...... 36.5 25.8 21.0 16.4 13.3 11.5 9.4 8.2 6.8 4.8 4.3 54 or 46...... 36.8 25.8 21.2 16.4 13.4 11.6 9.5 8.2 6.9 4.9 4.3 52 or 48...... 36.8 25.9 21.2 16.5 13.4 11.6 9.5 8.2 6.9 4.9 4.3 50 ...... 36.8 25.9 21.3 16.5 13.4 11.6 9.5 8.2 6.9 4.9 4.3

[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]

§ 201.63 Germination. When only 200 seeds of a component The following tolerances are applica- in a mixture are tested 2 percent shall ble to the percentage of germination be added to the above germination tol- and also to the sum of the germination erances. plus the hard seed when 400 or more [15 FR 2399, Apr. 28, 1950, as amended at 20 seeds are tested. FR 7940, Oct. 21, 1955]

Mean (See § 201.59) Tolerance § 201.64 Pure live seed. 96 or over ...... 5 The tolerance for pure live seed shall 90 or over but less than 96 ...... 6 80 or over but less than 90 ...... 7 be determined by applying the respec- 70 or over but less than 80 ...... 8 tive tolerances to the germination plus 60 or over but less than 70 ...... 9 the hard seed and dormant seed, and Less than 60 ...... 10 the pure seed.

[85 FR 40583, July 7, 2020] noxious-weed seeds found by analysis in the quantity of seed specified for § 201.65 Noxious-weed seeds in inter- noxious-weed seed determinations in state commerce. § 201.46, except as provided in § 201.16(b). Tolerances for rates of occurrence of Rates per pound or ounce must be con- noxious-weed seeds shall be recognized verted to the equivalent number of and shall be applied to the number of

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seeds found in § 201.46, Table 1, Min- tration of the Act. For numbers of seed imum weight for noxious-weed seed ex- greater than those in the table, a toler- amination (grams). Some tolerances ance based on a degree of certainty of are listed in the following table. The 5 percent (P = 0.05) can be calculated by number found as represented by the the formula, Y = X + 1.65√X + 0.03, label or test (Column X) will be consid- where X is the number of seeds rep- ered within tolerance if not more than resented by the label or test and Y is the corresponding numbers in Column the maximum number within toler- Y are found by analysis in the adminis- ance.

Maximum Maximum Maximum Number represented by number within Number represented by number within Number represented by number within label or test tolerances label or test tolerances label or test tolerances

(X) (Y) (X) (Y) (X) (Y)

0 ...... 2 34 ...... 43 68 ...... 81 1 ...... 2 35 ...... 44 69 ...... 82 2 ...... 4 36 ...... 45 70 ...... 83 3 ...... 5 37 ...... 46 71 ...... 84 4 ...... 7 38 ...... 47 72 ...... 85 5 ...... 8 39 ...... 49 73 ...... 86 6 ...... 9 40 ...... 50 74 ...... 87 7 ...... 11 41 ...... 51 75 ...... 89 8 ...... 12 42 ...... 52 76 ...... 90 9 ...... 13 43 ...... 53 77 ...... 91 10 ...... 14 44 ...... 54 78 ...... 92 11 ...... 16 45 ...... 55 79 ...... 93 12 ...... 17 46 ...... 56 80 ...... 94 13 ...... 18 47 ...... 58 81 ...... 95 14 ...... 19 48 ...... 59 82 ...... 96 15 ...... 21 49 ...... 60 83 ...... 97 16 ...... 22 50 ...... 61 84 ...... 98 17 ...... 23 51 ...... 62 85 ...... 99 18 ...... 24 52 ...... 63 86 ...... 101 19 ...... 25 53 ...... 64 87 ...... 102 20 ...... 27 54 ...... 65 88 ...... 103 21 ...... 28 55 ...... 67 89 ...... 104 22 ...... 29 56 ...... 68 90 ...... 105 23 ...... 30 57 ...... 69 91 ...... 106 24 ...... 31 58 ...... 70 92 ...... 107 25 ...... 32 59 ...... 71 93 ...... 108 26 ...... 34 60 ...... 72 94 ...... 109 27 ...... 35 61 ...... 73 95 ...... 110 28 ...... 36 62 ...... 74 96 ...... 111 29 ...... 37 63 ...... 75 97 ...... 112 30 ...... 38 64 ...... 76 98 ...... 114 31 ...... 39 65 ...... 78 99 ...... 115 32 ...... 41 66 ...... 79 100 ...... 116 33 ...... 42 67 ...... 80

[76 FR 31794, June 2, 2011] procedures specified in § 201.68 through 201.78. § 201.66 [Reserved] [38 FR 25662, Sept. 14, 1973] CERTIFIED SEED § 201.68 Eligibility requirements for § 201.67 Seed certifying agency stand- certification of varieties. ards and procedures. When a seed originator, developer, In order to qualify as a seed certi- owner of the variety, or agent thereof fying agency for purposes of section requests eligibility for certification, 101(a)(25) of the Federal Seed Act (7 the certification agency shall require U.S.C. 1551(a)(25)) an agency must en- the person to provide the following in- force standards and procedures, as con- formation upon request: ditions for its certification of seed, (a) The name of the variety. that meet or exceed the standards and

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(b) A statement concerning the (a) Recertification of the Certified variety’s origin and the breeding or re- class may be permitted when no Foun- productive stabilization procedures dation or Registered seed is being used in its development. maintained; or (c) A detailed description of the mor- (b) The production of an additional phological, physiological, and other generation of the Certified class may characteristics of the plants and seed be permitted on a 1-year basis only, that distinguish it from other vari- when an emergency is declared by any eties. official seed certifying agency stating (d) Evidence supporting the identity that the Foundation and Registered of the variety, such as comparative seed supplies are not adequate to plant yield data, insect and disease resist- the needed Certified acreage of the va- ance, or other factors supporting the riety. The additional generation of Cer- identity of the variety. tified seed to meet the emergency need (e) A statement delineating the geo- is ineligible for recertification. graphic area or areas of adaptation of the variety. [38 FR 25662, Sept. 14, 1973; 38 FR 26800, Sept. (f) A statement on the plans and pro- 26, 1973, as amended at 46 FR 53639, Oct. 29, 1981; 86 FR 40853, July 7, 2020] cedures for the maintenance of seed classes, including the number of gen- § 201.71 Establishing the source of all erations through which the variety classes of certified seed. may be multiplied. (g) A description of the manner in The certifying agency shall have evi- which the variety is constituted when dence of the class and source of seed a particular cycle of reproduction or used to plant each crop being consid- multiplication is specified. ered for certification. (h) Any additional restrictions on the [38 FR 25662, Sept. 14, 1973] variety, specified by the breeder, with respect to geographic area of seed pro- § 201.72 Production of all classes of duction, age of stand or other factors certified seed. affecting genetic purity. (a) Each certifying agency shall de- (i) A sample of seed representative of termine that genetic purity and iden- the variety as marketed. tity are maintained at all stages of cer- [38 FR 25662, Sept. 14, 1973, as amended at 85 tification including seeding, har- FR 40583, July 7, 2020] vesting, processing, and labeling of the seed. § 201.69 Classes of certified seed. (b) The unit of certification shall be (a) Classes of certified seed are as fol- a clearly defined field or fields. lows: (c) One or more field inspections (1) Breeder. shall be made (1) previous to the time (2) Foundation. a seed crop of any class of certified (3) Registered. seed is to be harvested, and (2) when (4) Certified. genetic purity and identity can best be determined. The field shall be in suit- [38 FR 25662, Sept. 14, 1973] able condition to permit an adequate inspection to determine genetic purity § 201.70 Limitations of generations for certified seed. and identity. (d) A certification sample shall be The number of generations through drawn in a manner approved by the which a variety may be multiplied certifying agency from each cleaned shall be limited to that specified by the lot of seed eligible for certification. originating breeder or owner and shall Evidence that any lot of seed has not not exceed two generations beyond the been protected from contamination Foundation seed class with the fol- which might affect genetic purity, or is lowing exceptions which may be made not properly identified, shall be cause with the permission of the originating for possible rejection of certification. or sponsoring plant breeder, institution, or his designee: [38 FR 25662, Sept. 14, 1973]

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§ 201.73 Processors and processing of (d) Labels other than those printed all classes of certified seed. on the containers shall be attached to The following requirements must be containers in a manner that prevents met by processors of all classes of cer- removal and reattachment without tified seed: tampering being obvious. (a) Facilities shall be available to [38 FR 25662, Sept. 14, 1973, as amended at 46 perform processing without intro- FR 53639, Oct. 29, 1981; 65 FR 1709, Jan. 11, ducing admixtures. 2000; 76 FR 31795, June 2, 2011; 85 FR 40583, (b) Identity of the seed must be main- July 7, 2020] tained at all times. § 201.75 Interagency certification. (c) Records of all operations relating to certification shall be complete and Interagency certification may be ac- adequate to account for all incoming complished by participation of more seed and final disposition of seed. than one official certifying agency in (d) Processors shall permit inspection performing the services required to by the certifying agency of all records certify a lot of seed. pertaining to all classes of certified (a) The certifying agency issuing la- seed. bels for all classes of certified seed (e) Processors shall designate an indi- shall require the seed on which the la- vidual who shall be responsible to the bels are used to meet standards at least certifying agency for performing such equal to the minimum genetic stand- duties as may be required by the certi- ards for the seed in question as speci- fying agency. fied in Table 5 of this part. (f) Seed lots of the same variety and (b) Seed to be recognized for inter- class may be blended and the class re- agency certification must be received tained. If lots of different classes are in containers carrying official certifi- blended, the lowest class shall be ap- cation labels, or if shipped for proc- plied to the resultant blend. Such essing, evidence of its eligibility from blending can only be done when au- another official certifying agency, to- thorized by the certifying agency. gether with the following information: (1) Variety and kind; [38 FR 25662, Sept. 14, 1973] (2) Quantity of seed (pounds or bush- els); § 201.74 Labeling of all classes of cer- (3) Class of certified seed; tified seed. (4) Inspection or lot number trace- (a) All classes of certified seed when able to the previous certifying agency’s offered for sale shall have an official records. certification label affixed to each con- (c) Each label used in interagency tainer clearly identifying the certi- certification shall be serially numbered fying agency, the lot number or other or carry the certification identity identification, the variety name, and number and clearly identify the certi- the kind and class of seed. fying agencies involved, the variety, (b) In the case of seed sold in bulk, and the kind and class of seed. The seed the invoice or accompanying document lot number or other identification shall identify the certifying agency, number, the kind, and variety name the crop kind, variety, class of seed, shall appear on the official label and/or and the lot number or other identifica- directly on the container in a position tion. to be viewed in conjunction with the (c) The official certification label official certification label. may be printed directly on the con- [38 FR 25662, Sept. 14, 1973; 38 FR 26800, Sept. tainer when an accounting of the con- 26, 1973, as amended at 65 FR 1710, Jan. 11, tainers is required by the certifying 2000; 76 FR 31795, June 2, 2011; 85 FR 40583, agency. The seed lot number or other July 7, 2020] identification number, the kind, and variety name shall appear on the offi- § 201.76 Minimum Land, Isolation, cial label and/or directly on the con- Field, and Seed Standards. tainer in a position to be viewed in In the following Table 5 the figures in conjunction with the official certifi- the ‘‘Land’’ column indicate the num- cation label. ber of years that must elapse between

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the destruction of a stand of a kind and tance in feet from any contaminating establishment of a stand of a specified source. The figures in the ‘‘Field’’ col- class of a variety of the same kind. A umn indicate the minimum number of certification agency may grant a vari- plants or heads in which one plant or ance in the land cropping history in head of another variety is permitted. specific circumstances where cultural The figure in the ‘‘Seed’’ column indi- practices have been proven adequate to cate the maximum percentage of seed maintain genetic purity. The figures in of other varieties or off-types per- ‘‘Isolation’’ column indicate the dis- mitted in the cleaned seed.

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.0 .25 .0 .0 .2 .0 .25 .0 .02 .2 .5 .0 .25 .25 .2 .2 .5 .0 .25 .0 2 2 1 63 16 22 47 50

63 50 500 0 100 1 100 1 500 0 500 0 100 1 150 1 500 0 500 0 200 1,000 0 5,000 0 1,250 1 22 27 27

0 1,000 0 0 1,000 0 0 1,000 0 1,000 0 0 1,000 0 0 0 500 0 200 63 15 50 10 30 10 23 23 23 23 23 165 165 660 660 660 330 330 165 4 25 39 3.05) 24 40 24 24 24 50.29) 50.29) 4.57m) 3.05m) 9.14m) 59 644 344 ( 4182058 50.29m) 59 59 59 59 59 ( ( 201.17m) 251.46m) 201.17m) 100.59m) 201.17m) 201.17m) 402.34m) 100.59m) ( ( 59 4182058 ( 59 59 59 59 59 59 59 59 ( ( ( ( ( ( ( (

1 1 1 1 1 5 660 1 1 1 1 2 2 1 1 1 825 1 1,320 1 63 7 8 7 7 7 7 1 1 8 7 7 7 7 60 12 857 957

.01 .1 .1 .3 .5 .1 .2 .25 .5 .1 .0 .1 .1 .25 .25 .0 .5 0 63 22

63 400 0 400 0 400 0 100 1 300 0 200 5,000 0 1,000 0 1,000 0 2,500 0 22 10,000 0 27 27

0 2,000 0 0 2,000 0 0 2,000 0 0 2,000 0 0 0 1,000 0 500 63 30 100 1 30 100 10 10 23 23 23 23 23 300 300 300 660 100 4 39 1,320 24 25 3.05m) 3.05m) 9.14m) ( 544 40 91.44m) 91.44m) 91.44m) 30.48m) 41820 3544 59 59 59 402.34m) 804.66m) 201.17m) 402.34m) 402.34m) 41820 ( ( 59 59 59 59 ( ( ( ( 59 59 59 59 59 ( ( ( ( (

1 3 1 1 3 1 3 1 1 1 1 1,320 1 2,640 1 1 1 1 5 1,320 63 5—Continued 7 1 1 7 1 8 8 7 7 7 7 7 7 7 60 857 857 ABLE T

.05 ...... 2 .005 .0 .05 .1 .2 .05 .1 .05 .05 .1 .05 ...... 2 .05 ...... 2 .0 .0 .05 .1 .1 .1 .05 63

0 0 0 63 27 200 0 2,000 0 1,000 0 2,000 0 1,000 0 2,000 0 2,000 0 1,000 0 1,000 0 22 10,000 0 20,000 0 27

0 5,000 0 0 5,000 0 0 3,000 0 0 0 2,000 0 1,000 0 3,000 0 0 3,000 63 60 1,000 0 60 1,000 10 10 23 23 23 23 23 600 600 900 200 660 Foundation Registered Certified Foundation Registered 4 39 1,320 1,320 25 24 3.05m) 3.05m) 544 544 40 24 18.29m) ( 60.96m) 41820 59 59 201.17m) 274.32m) 402.34m) 402.34m) 402.34m) 182.88m) 182.88m) 402.34m) 402.34m) 201.17m) 41820 ( ( 59 59 ( ( 1,609.36m) 59 59 59 59 59 59 59 59 59 59 ( ( ( ( ( ( ( ( ( ( 59 (

1 1,320 1 5 1 660 5 4 1 5 1 1 1 1 5,280 1 1 1 5 5 1,320 63 7 7 7 1 1 7 1 8 8 7 7 7 7 7 57 57 60 Land Isolation Field Seed Land Isolation Field Seed Land Isolation Field Seed Isolation Land Field Seed Isolation Land Isolation Field Seed Land Crop percent apomictic and highly self-fertile species ...... Cross-pollinated ...... Strains at least 80 Cross-pollinated ...... Self-pollinated ...... Cross-pollinated ...... Self-pollinated ...... 4 4 Crambe ...... Crownvetch ...... Flatpea ...... Flax ...... Grasses: Hemp ...... Lespedeza ...... Millet: Mustard ...... Oat ...... Okra ...... 4 1,320 Onion ...... Pea, field ...... Peanut ...... Pepper ...... Radish ...... Rape: Rice ......

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Minimum Numbers of Border Rows Required Minimum distance from contaminant Field size, 20 Field size, up to acres (8ha) or 20 acres (8ha) more

410 (124.97m) ...... 0 ...... 0 370 (112.78m) ...... 2 (0.8ha) ...... 1 (0.4ha) 330 (100.59m) ...... 4 (1.6ha) ...... 2 (0.8ha) 290 (88.39m) ...... 6 (2.4ha) ...... 3 (1.2ha) 245 (74.68m) ...... 8 (3.2ha) ...... 4 (1.6ha) 205 (62.48m) ...... 10 (4.0ha) ...... 5 (2.0ha) 165 (50.29m) ...... 12 (4.8ha) ...... 6 (2.4ha) 125 (38.10m) ...... 14 (5.6ha) ...... 7 (2.8ha) 85 (25.91m) ...... 16 (6.4ha) ...... 8 (3.2ha) 0 ...... Not permitted ...... 10 (4.0ha) 13 Refers to off-type plants in the pollen parent that have shed pollen or to the off-type plants in the see parent at the time of the last inspection. 14 The required minimum isolation distance for sweet corn is 660 feet (201.17m) from the contaminating source, plus four border rows when the field to be inspected is 10 acres (4.0ha) or less in size. This distance may be decreased by 15 feet (4.57m) for each increment of 4 acres (1.6ha) in the size of the field to a maximum of 40 acres (16ha) and further decreased 40 feet (12.19m) for each additional border row to a maximum of 16 rows. These border rows are for pollen-shedding purposes only. 15 Refers to off-type ears. Ears with off-colored or different textured kernels are limited to 0.5 percent, or a total of 25 off-colored or different textured kernels per 1,000 ears. 16 The Merion variety of Kentucky bluegrass is allowed 3 percent. 17 All cross-pollinating varieties must be 400 feet (121.92m) from any contaminating source. 18 Isolation between diploids and tetraploids shall be at least 15 feet (4.57m). 19 Minimum isolation shall be at least 100 feet (30.48m) if the cotton plants in the contaminating source differ by easily observ- able morphological characteristics from the field to be inspected. Isolation distance between upland and Egyptian types shall be at least 1,320 feet (402.34m), 1,320 feet (402.34m), and 660 feet (182.88m) for Foundation, Registered, and Certified classes, respectively. 20 These distances apply when there is no border removal. Border removal applies only to fields of 5 acres (2ha) or more. Re- moval of a 9-foot (2.7m) border (after flowering) decreases the required distance for Foundation, Registered, and Certified seed classes to 600 feet (182.88m), 225 feet (68.58m), and 100 feet (30.48m), respectively, for cross-pollinated species, and to 30 feet (9.14m), 15 feet (4.57m), and 15 feet (4.57m), respectively, for apomictic and self-pollinated species. Removal of a 15 foot (4.57m) border (after flowering) allows a further decrease to 450 feet (136.16m), 150 feet (45.72m), and 75 feet (22.86m), respectively, for cross-pollinated species. 21 Isolation distances between 2 fields of the same kind may be reduced to a distance adequate to prevent mechanical mixture, if the sum of percentages of plants in bloom in both fields does not exceed 5 percent at a time when more than 1 percent of the plants in either field are in bloom. 22 Refers to bulbs. 23 Distance adequate to prevent mechanical mixture is necessary. 24 Required isolation between classes of the same variety is 10 feet (3.05m). 25 The minimum distance may be reduced by 50 percent if different classes of the same variety are involved. 26 The minimum distance may be reduced by 50 percent if the field is adequately protected by natural or artificial barriers. 27 These ratios are for definite other varieties. The ratios for doubtful other varieties are:

Foundation Registered Certified

Millet ...... 1:10,000 1:5,000 1:2,500 Sorghum:. Nonhybrid ...... 1:20,000 1:10,000 1:1,000 Hybrid ...... 1:20,000 NA 1:1,000 Okra ...... None 1:750 1:500 28 Whiteheart fruits may not exceed 1 per 100, 40, and 20 for Foundation, Registered, and Certified classes, respectively. Cit- ron or hard rind is not permitted in Foundation or Registered classes and may not exceed 1 per 1,000 fruits in the Certified class. 29 This distance applies if the contaminating source does not genetically differ in height from the pollinator parent or has a different chromosome number. If the contaminating source does (genetically) differ and has the same chromosome number the distance shall be 990 feet (301.76m). The minimum isolation from grass sorghum or broomcorn with the same chromosome number shall be 1,320 feet (402.34m). 30 Requirement is waived for the production of pollinator lines if the previous crop was grown from a certified class of seed of the same variety. Sterile lines and crossing blocks must be on land free of contaminating plants. 31 If the contaminating source is similar to the hybrid in all important characteristics, the isolation may be reduced by 66 feet (20.12m) for each pair of border rows of the pollinator parent down to a minimum of 330 feet (100.59m). These rows must be located directly opposite or diagonally to the contaminating source. The pollinator border rows must be shedding pollen during the entire time 5 percent or more of the seed parent flowers are receptive. 32 An unplanted strip at least 2 feet (0.61m) in width shall separate male sterile plants and pollinator plants in inter-planted blocks. 33 Unless the preceding crop was another kind or unless the preceding soybean crop was planted with a class of certified seed of the same variety, or unless the preceding soybean crop and the variety being planted have an identifiable character difference, in which case, no time need elapse. 34 May include not more than 0.04 percent purple or white seeds. 35 Standards apply equally to seed parents and pollen parents which may include up to 1:1,000 plants each of the wild-type branching, purple, or white-seeded plants. 36 A new plant bed must be used each year unless the bed is properly treated with a soil sterilant prior to seeding. 37 This distance is applied between varieties of the same type and may be waived if four border rows of each variety are allowed to bloom and set seed between the two varieties but are not harvested for seed. Isolation between varieties of different types shall be 1,320 feet (402.34m) except if protected by bagging or by topping all plants in the contaminating source before bloom.

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38 When male sterile and male fertile plants of the same type are planted adjacent in a field, this requirement may be waived; provided, four border rows of male sterile plants are allowed to bloom and set seeds. The seed from these border rows shall not be harvested as part of the certified lot of seed produced by the male sterile plants. When plants are of different types, the distance shall be 1,320 feet (402.34m) except if protected by bagging or by topping all plants in the contaminating source before bloom. 39 Isolation between varieties or non-certified fields of the same variety shall be 100 feet (30.48m) if aerial seeded and 50 feet (15.24m) if ground broadcast, and 10 feet (3.05m) is ground drilled. 40 Isolation between millets of different genera shall be 6 feet (1.83m). 41 Does not apply to Helianthus similes, H. ludens, or H. agrestis. 42 The ratio of male sterile (A) strains and pollen (B or C) strains shall not exceed 2:1. 43 Parent lines (A and B) in a crossing block, or seed and pollen lines in a hybrid seed production field, shall be separated by at least 6 feet (1.83m) and shall be managed and harvested in a manner to prevent mixing. 44 Distance between fields of certified classes of the same variety may be reduced to 10 feet (3.05m) regardless of the class or size of the fields. 45 An isolation distance of 5,280 feet (1609.36m) is required between oil and non-oil sunflower types and between either type and other volunteers or wild types. 46 Detasseling, cutting, or pulling of the cytoplasmic male-sterile seed parent is permitted. 47 All varieties of perennial ryegrass seed are allowed 3.0 percent. 48 This distance applies for fields over 5 acres (2ha). For alfalfa fields of 5 acres (2ha) or less that produce the Foundation and Registered seed classes, the minimum distance from a different variety or a field of the same variety that does not meet the varietal purity requirements for certification shall be 900 feet (274.32m) and 450 feet (137.16m), respectively. 49 There must be at least 10 feet (3.05m) or a distance adequate to prevent mechanical mixture between a field of another variety (or non-certified area within the same field) and the area being certified. The 165 feet (50.29m) isolation requirement is waived if the area of the ‘‘isolation zone’’ is less than 10 percent of the field eligible for the Certified class. The ‘‘isolation zone’’ is that area calculated by multiplying the length of the common border(s) with other varieties of alfalfa by the average width of the field (being certified) falling within the 165 feet (50.29m) isolation. Areas within the isolation zone nearest the contamination source shall not be certified. 50 Seed of Critana thickspike wheatgrass may contain up to 30 percent slender wheatgrass types. 51 Crossing blocks must be planted on land free of volunteer contaminating plants. 52 This distance applies to the seed parent when the contaminating source is wheat of another market class. If the contaminating source is the same market class as the seed parent, the distance may be modified by the planting of pollen parent border according to the following table:

Minimum distance from contaminant Pollen (parent border) Feet Meters Feet Meters

330 ...... 100.59 0 0 275 ...... 83.82 15 4.57 215 ...... 65.53 25 7.62 160 ...... 48.77 35 10.67 100 ...... 30.48 50 15.24 53 Interplanted blocks of seed parent and pollinator shall be separated by an unplanted strip a minimum of one foot (0.31m) in width and be clearly identifiable. 54 If Foundation or Registered the ratio shall be 1:3000 (Foundation) and 1:2000 (Registered). 55 Does not include seed of the female parent. 56 Pre-Control Test Standards: If field inspection shows one or more of the following, the applicant may request that seed certification be based on the results of a pre-certification grow-out test approved by the certification agency: a. inadequate isolation; b. too few male parent plants shedding pollen when female plants are receptive; c. excess off-types not to include wild types. In such cases, at least 2,000 plants must be observed and meet the following standards before seed can be certified from fields with problems listed above:

[FOR NON-OIL TYPES, SEED WHICH CONTAINS NOT MORE THAN 15 PERCENT STERILE PLANTS MAY BE CERTIFIED. IFIT CONTAINS 85 PERCENT-95 PERCENT HYBRID PLANTS, THE PERCENTAGE OF HYBRID SHALL BE SHOWN ON THE CER- TIFICATION LABEL]

Maximum Permitted Factor Hybrid (per- Inbred (percent) cent)

Sterile Plants ...... 5.0 Sterile or Fertile Plants ...... 5.0 Morphological Variants ...... 0.5 0.5 Wild Types ...... 0.2 0.2

Total (including above types) ...... 5.0 5.0 57 Application to establish the pedigree must be made within one year of seeding. The crop will remain under supervision of the certifying agency as long as the field is eligible for certification. 58 These distances apply when there is no border removal. Varieties that are 95 percent or more apomictic, as defined by the originating breeder, shall have the isolation distance reduced to a mechanical separation only. Varieties less than 95 percent apomictic and all other cross pollinating species that have an ‘‘isolation zone’’ of less than 10 percent of the entire field, no isolation is required. (Isolation zone is calculated by multiplying the length of the common border with other varieties of grass by the average width of the certified field falling within the isolation distance required.) 59 Indicates metric equivalent in meters. 60 Land must not have grown or been seeded to any cruciferous crops during the previous 5 years. This interval may be reduced to 3 years, if following the same variety and the same or higher certification class. 61 Field producing any class of certified seed must be at least 50 feet from any other variety or fields of the same variety that do not meet the varietal purity requirement for certification. 62 No other Crotalaria species allowed in Foundation, Registered and/or Certified production fields. 63 Refer to the certifying agency in the production State(s) for certification standards.

[59 FR 64516, Dec. 14, 1994, as amended at 65 FR 1710, Jan. 11, 2000; 85 FR 40583, July 7, 2020]

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ADDITIONAL REQUIREMENTS FOR THE tral stem or branches, or any combina- CERTIFICATION OF PLANT MATERIALS tion thereof, shedding pollen. OF CERTAIN CROPS (c) Sorghum. Shedders in the seed parent, at any one inspection, are limited § 201.77 Length of stand requirements. to 1:3,000 plants for Foundation class (a) Alfalfa. Limitations on the age of and 1:1,500 plants for Certified class. stand and certified seed classes (d) Sunflowers. Seed parents flowering through which a given variety may be and shedding pollen before the male multiplied both inside and outside its parents are shedding pollen must be re- region of adaptation shall be specified moved. At least 50 percent of the male by the originator or his designee. Cer- plants must be producing pollen when tified seed production outside the region of adaptation shall not exceed 6 the seed parent is in full bloom. years if not otherwise specified by the (e) Hybrid alfalfa. When at least 75 originator, or his designee. percent of the plants are in bloom and (b) Red clover. Only two seed crops there is no more than 15 percent seed are permitted of all certified seed set, 200 plants shall be examined to de- classes. termine the pollen production index (c) White and alsike clover. Only two (PPI). Each plant is rated as 1, 2, 3 or successive seed crops are permitted fol- 4 with ‘‘1’’ representing no pollen, ‘‘2’’ lowing the year of establishment for representing a trace of pollen, ‘‘3’’ rep- Foundation and Registered classes, but resenting substantially less than nor- 2 additional years are permitted if the mal pollen, and ‘‘4’’ representing nor- field is reclassified to the next lower mal pollen. The rating is weighted as 0, class. Four successive seed crops fol- 0.1, 0.6 or 1.0, respectively. The total lowing seeding are permitted if the number of plants of each rating is mul- first and succeeding crops are of the tiplied by the weighted rating and the Certified class, provided the stand of values are totaled. The total is divided perennial plants is maintained. (d) Sainfoin. All certified seed classes by the number of plants rated and mul- are eligible to produce five successive tiplied by 100 to determine the PPI. seed crops following seeding. For hybrid production using separate male and female rows, the maximum [38 FR 25664, Sept. 14, 1973] PPI allowed for 95 percent hybrid seed § 201.78 Pollen control for hybrids. is 14 for the Foundation class, and 6 for the F1 hybrid. For hybrid production (a) Wheat and barley. Shedders in the using comingled parent lines, the max- seed parent, at any one inspection, are imum PPI allowed for 75 percent hy- limited to 1:200 heads for Foundation A brid Certified class seed is 25, with an Line and 1:100 heads for Registered A Line, except that when the A Line is allowance for blending to reach a PPI increased outside the area of the an- of 25 for fields with a PPI above 25, but ticipated A × R production in order to no greater than 30. utilize self-fertility produced by envi- [38 FR 25664, Sept. 14, 1973, as amended at 41 ronmental effects, only isolation and FR 20158, May 17, 1976; 85 FR 40584, July 7, genetic purity standards will be in ef- 2020] fect. (An A Line is a cytoplasmic male sterile female line used to produce hybrid seed. An R Line is a pollinator line PART 202—FEDERAL SEED ACT used to pollinate an A Line and to re- ADMINISTRATIVE PROCEDURES store fertility in the resulting hybrid seed.) Subpart A—General (b) Corn. When 5 percent or more of Sec. the seed parent plants have receptive 202.1 Meaning of words. silks, shedding tassels in the seed par- 202.2 Definitions. ent plants shall be limited to 1 percent 202.3 Institution of proceedings. at any one inspection, or a total of 2 202.4 Status of applicant. percent at any three inspections on different dates. Shedding tassels are those Subpart B [Reserved] which have 2 inches or more of the cen-

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