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7 C.F.R. §§ 201.68–201.78

11 sections in range

§201.68. Eligibility requirements for certification of varieties.

7 C.F.R. § 201.68

When a seed originator, developer, owner of the variety, or agent thereof requests eligibility for certification, the certification agency shall require the person to provide the following information upon request:
(a)
The name of the variety.
(b)
A statement concerning the variety's origin and the breeding or reproductive stabilization procedures used in its development.
(c)
A detailed description of the morphological, physiological, and other characteristics of the plants and seed that distinguish it from other varieties.
(d)
Evidence supporting the identity of the variety, such as comparative yield data, insect and disease resistance, or other factors supporting the identity of the variety.
(e)
A statement delineating the geographic area or areas of adaptation of the variety.
(f)
A statement on the plans and procedures for the maintenance of seed classes, including the number of generations through which the variety may be multiplied.
(g)
A description of the manner in which the variety is constituted when a particular cycle of reproduction or multiplication is specified.
(h)
Any additional restrictions on the variety, specified by the breeder, with respect to geographic area of seed production, age of stand or other factors affecting genetic purity.
(i)
A sample of seed representative of the variety as marketed.
Notes, amendments, and revision history

Amendments

[38 FR 25662, Sept. 14, 1973, as amended at 85 FR 40583, July 7, 2020]

Authority

Authority: 7 U.S.C. 1592.

Amendments

[38 FR 25662, Sept. 14, 1973, as amended at 85 FR 40583, July 7, 2020]

§201.69. Classes of certified seed.

7 C.F.R. § 201.69

(a)
Classes of certified seed are as follows—
(1)
Breeder.
(2)
Foundation.
(3)
Registered.
(4)
Certified.
Notes, amendments, and revision history

Amendments

[38 FR 25662, Sept. 14, 1973]

Authority

Authority: 7 U.S.C. 1592.

Amendments

[38 FR 25662, Sept. 14, 1973]

§201.70. Limitations of generations for certified seed.

7 C.F.R. § 201.70

The number of generations through which a variety may be multiplied shall be limited to that specified by the originating breeder or owner and shall not exceed two generations beyond the Foundation seed class with the following exceptions which may be made with the permission of the originating or sponsoring plant breeder, institution, or his designee:
(a)
Recertification of the Certified class may be permitted when no Foundation or Registered seed is being maintained; or
(b)
The production of an additional generation of the Certified class may be permitted on a 1-year basis only, when an emergency is declared by any official seed certifying agency stating that the Foundation and Registered seed supplies are not adequate to plant the needed Certified acreage of the variety. The additional generation of Certified seed to meet the emergency need is ineligible for recertification.
Notes, amendments, and revision history

Amendments

[38 FR 25662, Sept. 14, 1973; 38 FR 26800, Sept. 26, 1973, as amended at 46 FR 53639, Oct. 29, 1981; 86 FR 40853, July 7, 2020]

Authority

Authority: 7 U.S.C. 1592.

Amendments

[38 FR 25662, Sept. 14, 1973; 38 FR 26800, Sept. 26, 1973, as amended at 46 FR 53639, Oct. 29, 1981; 86 FR 40853, July 7, 2020]

§201.71. Establishing the source of all classes of certified seed.

7 C.F.R. § 201.71

The certifying agency shall have evidence of the class and source of seed used to plant each crop being considered for certification.
Notes, amendments, and revision history

Amendments

[38 FR 25662, Sept. 14, 1973]

Authority

Authority: 7 U.S.C. 1592.

Amendments

[38 FR 25662, Sept. 14, 1973]

§201.72. Production of all classes of certified seed.

7 C.F.R. § 201.72

(a)
Each certifying agency shall determine that genetic purity and identity are maintained at all stages of certification including seeding, harvesting, processing, and labeling of the seed.
(b)
The unit of certification shall be a clearly defined field or fields.
(c)
One or more field inspections shall be made (1) previous to the time a seed crop of any class of certified seed is to be harvested, and (2) when genetic purity and identity can best be determined. The field shall be in suitable condition to permit an adequate inspection to determine genetic purity and identity.
(d)
A certification sample shall be drawn in a manner approved by the certifying agency from each cleaned lot of seed eligible for certification. Evidence that any lot of seed has not been protected from contamination which might affect genetic purity, or is not properly identified, shall be cause for possible rejection of certification.
Notes, amendments, and revision history

Amendments

[38 FR 25662, Sept. 14, 1973]

Authority

Authority: 7 U.S.C. 1592.

Amendments

[38 FR 25662, Sept. 14, 1973]

§201.73. Processors and processing of all classes of certified seed.

7 C.F.R. § 201.73

The following requirements must be met by processors of all classes of certified seed:
(a)
Facilities shall be available to perform processing without introducing admixtures.
(b)
Identity of the seed must be maintained at all times.
(c)
Records of all operations relating to certification shall be complete and adequate to account for all incoming seed and final disposition of seed.
(d)
Processors shall permit inspection by the certifying agency of all records pertaining to all classes of certified seed.
(e)
Processors shall designate an individual who shall be responsible to the certifying agency for performing such duties as may be required by the certifying agency.
(f)
Seed lots of the same variety and class may be blended and the class retained. If lots of different classes are blended, the lowest class shall be applied to the resultant blend. Such blending can only be done when authorized by the certifying agency.
Notes, amendments, and revision history

Amendments

[38 FR 25662, Sept. 14, 1973]

Authority

Authority: 7 U.S.C. 1592.

Amendments

[38 FR 25662, Sept. 14, 1973]

§201.74. Labeling of all classes of certified seed.

7 C.F.R. § 201.74

(a)
All classes of certified seed when offered for sale shall have an official certification label affixed to each container clearly identifying the certifying agency, the lot number or other identification, the variety name, and the kind and class of seed.
(b)
In the case of seed sold in bulk, the invoice or accompanying document shall identify the certifying agency, the crop kind, variety, class of seed, and the lot number or other identification.
(c)
The official certification label may be printed directly on the container when an accounting of the containers is required by the certifying agency. The seed lot number or other identification number, the kind, and variety name shall appear on the official label and/or directly on the container in a position to be viewed in conjunction with the official certification label.
(d)
Labels other than those printed on the containers shall be attached to containers in a manner that prevents removal and reattachment without tampering being obvious.
Notes, amendments, and revision history

Amendments

[38 FR 25662, Sept. 14, 1973, as amended at 46 FR 53639, Oct. 29, 1981; 65 FR 1709, Jan. 11, 2000; 76 FR 31795, June 2, 2011; 85 FR 40583, July 7, 2020]

Authority

Authority: 7 U.S.C. 1592.

Amendments

[38 FR 25662, Sept. 14, 1973, as amended at 46 FR 53639, Oct. 29, 1981; 65 FR 1709, Jan. 11, 2000; 76 FR 31795, June 2, 2011; 85 FR 40583, July 7, 2020]

§201.75. Interagency certification.

7 C.F.R. § 201.75

Interagency certification may be accomplished by participation of more than one official certifying agency in performing the services required to certify a lot of seed.
(a)
The certifying agency issuing labels for all classes of certified seed shall require the seed on which the labels are used to meet standards at least equal to the minimum genetic standards for the seed in question as specified in Table 5 of this part.
(b)
Seed to be recognized for interagency certification must be received in containers carrying official certification labels, or if shipped for processing, evidence of its eligibility from another official certifying agency, together with the following information:
(1)
Variety and kind;
(2)
Quantity of seed (pounds or bushels);
(3)
Class of certified seed;
(4)
Inspection or lot number traceable to the previous certifying agency's records.
(c)
Each label used in interagency certification shall be serially numbered or carry the certification identity number and clearly identify the certifying agencies involved, the variety, and the kind and class of seed. The seed lot number or other identification number, the kind, and variety name shall appear on the official label and/or directly on the container in a position to be viewed in conjunction with the official certification label.
Notes, amendments, and revision history

Amendments

[38 FR 25662, Sept. 14, 1973; 38 FR 26800, Sept. 26, 1973, as amended at 65 FR 1710, Jan. 11, 2000; 76 FR 31795, June 2, 2011; 85 FR 40583, July 7, 2020]

Authority

Authority: 7 U.S.C. 1592.

Amendments

[38 FR 25662, Sept. 14, 1973; 38 FR 26800, Sept. 26, 1973, as amended at 65 FR 1710, Jan. 11, 2000; 76 FR 31795, June 2, 2011; 85 FR 40583, July 7, 2020]

§201.76. Minimum Land, Isolation, Field, and Seed Standards.

7 C.F.R. § 201.76

In the following Table 5 the figures in the “Land” column indicate the number of years that must elapse between the destruction of a stand of a kind and establishment of a stand of a specified class of a variety of the same kind. A certification agency may grant a variance in the land cropping history in specific circumstances where cultural practices have been proven adequate to maintain genetic purity. The figures in “Isolation” column indicate the distance in feet from any contaminating source. The figures in the “Field” column indicate the minimum number of plants or heads in which one plant or head of another variety is permitted. The figure in the “Seed” column indicate the maximum percentage of seed of other varieties or off-types permitted in the cleaned seed.
Notes, amendments, and revision history

Amendments

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

Authority

Authority: 7 U.S.C. 1592.

Amendments

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

§201.77. Length of stand requirements.

7 C.F.R. § 201.77

(a)
Alfalfa. Limitations on the age of stand and certified seed classes through which a given variety may be multiplied both inside and outside its region of adaptation shall be specified by the originator or his designee. Certified seed production outside the region of adaptation shall not exceed 6 years if not otherwise specified by the originator, or his designee.
(b)
Red clover. Only two seed crops are permitted of all certified seed classes.
(c)
White and alsike clover. Only two successive seed crops are permitted following the year of establishment for Foundation and Registered classes, but 2 additional years are permitted if the field is reclassified to the next lower class. Four successive seed crops following seeding are permitted if the first and succeeding crops are of the Certified class, provided the stand of perennial plants is maintained.
(d)
Sainfoin. All certified seed classes are eligible to produce five successive seed crops following seeding.
Notes, amendments, and revision history

Amendments

[38 FR 25664, Sept. 14, 1973]

Authority

Authority: 7 U.S.C. 1592.

Amendments

[38 FR 25664, Sept. 14, 1973]

§201.78. Pollen control for hybrids.

7 C.F.R. § 201.78

(a)
Wheat and barley. Shedders in the seed parent, at any one inspection, are limited to 1:200 heads for Foundation A Line and 1:100 heads for Registered A Line, except that when the A Line is increased outside the area of the anticipated A × R production in order to utilize self-fertility produced by environmental effects, only isolation and genetic purity standards will be in effect. (An A Line is a cytoplasmic male sterile female line used to produce hybrid seed. An R Line is a pollinator line used to pollinate an A Line and to restore fertility in the resulting hybrid seed.)
(b)
Corn. When 5 percent or more of the seed parent plants have receptive silks, shedding tassels in the seed parent plants shall be limited to 1 percent at any one inspection, or a total of 2 percent at any three inspections on different dates. Shedding tassels are those which have 2 inches or more of the central stem or branches, or any combination thereof, shedding pollen.
(c)
Sorghum. Shedders in the seed parent, at any one inspection, are limited to 1:3,000 plants for Foundation class and 1:1,500 plants for Certified class.
(d)
Sunflowers. Seed parents flowering and shedding pollen before the male parents are shedding pollen must be removed. At least 50 percent of the male plants must be producing pollen when the seed parent is in full bloom.
(e)
Hybrid alfalfa. When at least 75 percent of the plants are in bloom and there is no more than 15 percent seed set, 200 plants shall be examined to determine the pollen production index (PPI). Each plant is rated as 1, 2, 3 or 4 with “1” representing no pollen, “2” representing a trace of pollen, “3” representing substantially less than normal pollen, and “4” representing normal pollen. The rating is weighted as 0, 0.1, 0.6 or 1.0, respectively. The total number of plants of each rating is multiplied by the weighted rating and the values are totaled. The total is divided by the number of plants rated and multiplied by 100 to determine the PPI. For hybrid production using separate male and female rows, the maximum PPI allowed for 95 percent hybrid seed is 14 for the Foundation class, and 6 for the F1 hybrid. For hybrid production using comingled parent lines, the maximum PPI allowed for 75 percent hybrid Certified class seed is 25, with an allowance for blending to reach a PPI of 25 for fields with a PPI above 25, but no greater than 30.
Notes, amendments, and revision history

Amendments

[38 FR 25664, Sept. 14, 1973, as amended at 41 FR 20158, May 17, 1976; 85 FR 40584, July 7, 2020]

Authority

Authority: 7 U.S.C. 1592.

Amendments

[38 FR 25664, Sept. 14, 1973, as amended at 41 FR 20158, May 17, 1976; 85 FR 40584, July 7, 2020]