Mich. Admin. Code R. 285.623.106 - Containers and tags

Rule 106.

(1) A bag of seed that is to be offered for sale or sold as certified, registered, or foundation seed shall be identified as to variety. Seed that is offered for sale or sold as certified, registered, or foundation seed shall be placed in new bags that have a 100-pound capacity or less and shall have been inspected, and approved by the certifying agency. This seed may also be placed in bulk bags that have a 50-bushel capacity or less and which may be reused if they are constructed so as to be self-cleaning to prevent contamination by any previous crop residues. Bags shall be sealed pursuant to instructions that are issued by the certifying agency. Attached to each bag shall be an official tag that is issued by the official certifying agency. Bags shall be tagged or labeled pursuant to the provisions of Act No. 329 of the Public Acts of 1965, as amended, being S286.701 et seq. of the Michigan Compiled Laws, and these rules.

(2) Certified seed containers will be identified with a blue tag which indicates that the certification standards established in these rules have been met.

(3) Certified seed of field beans, soybeans, and small grains may be identified by a yellow tag, which indicates that all of the certification standards as established in these rules have been met, except for the standards for germination. Field bean, soybean, and small grain seed may be identified with a yellow tag if the minimum germination is not more than 10 percentage points below the minimum germinations standards for certified seed established for these crop kinds. The yellow tag shall carry the following statement on the front panel of the label: "Meets all Michigan certification standards for certified seed except germination."

(4) All rules for the production, conditioning, and testing of certified seed shall apply to bulk transactions, except that the seed does not have to be in bags. All of the following additional requirements shall apply to the bulk sale of certified seed:

(a) All field and seed standards that apply to bagged seed shall also apply to bulk certified seed.

(b) Certified seed may be sold in bulk only by an approved retail seed facility or by the processor. Certification is not valid after more than 2 transfers of ownership.

(c) Bulk certified seed shall move to the consumer or approved bulk retailer by using serially numbered bulk sales certificates. The seller shall provide copies of these certificates to the buyer and the certifying agency.

(d) The director shall have the authority to audit all records related to bulk seed at any time and inspect the facilities of any processor or approved bulk retailer who sells certified seed in bulk.

(e) It is the seller's responsibility to handle seed in a manner to prevent mixtures and contamination, supply seed that has been tested and meets all certification requirements, and determine that the container, bin, or vehicle receiving the bulk certified seed is clean. If the container, bin, or vehicle is not clean, it shall be noted on the bill of sale. The seller shall also obtain a representative sample of each load of bulk certified seed sold and keep this sample at least 1 year after final disposition of the lot.

(f) It shall be the buyer's responsibility to maintain the purity of the seed after it has been loaded into the buyer's container, bin, or vehicle.

(g) The bulk sales certificate issued by the certifying agency shall take the place of the certified seed tag. The certificate shall contain labeling information pursuant to the provisions of Act No. 329 of the Public Acts of 1965, as amended, being S286.701 et seq. of the Michigan Compiled Laws, and these rules. The buyer shall receive a certificate for each load of bulk certified seed.

(h) The processor shall be assessed certification fees for certified seed sold in bulk.

(i) Processor and bulk retail facilities shall be approved before certified seed is handled in bulk. Before approval, all procedures for receiving, storing, dispensing, and recordkeeping shall be reviewed by the certifying agency. An applicant shall demonstrate acceptable procedures for maintaining the purity and identity of bulk certified seed. Approval may be withheld if an applicant has not provided records or documentation as required by these rules.

(j) For all bulk certified seed, a separate storage bin shall be available for each variety that will be sold in bulk. All bins shall be inspected and approved before receiving any seed. Bins, augers, conveyers, and other equipment shall be cleaned before the storage or handling of certified seed. Bins shall be clearly and prominently labeled to indicate that they have been approved and to show the kind and variety of seed. All bin openings shall be closed to prevent contamination, except when seed is being put into or removed from the bin.

(k) At the completion of each season (by December 15 for winter crops and by August 1 for all other kinds), the owner or manager of each approved facility shall file a report of all movements of bulk certified seed. The report shall include the amount of seed grown or conditioned or purchased for bulk sale and the source of bulk seed, including the name of the processor, the variety, and the lot number. The report shall also include the amount of bulk certified seed sold by variety, the lot number, and the current inventory of seed remaining for each variety and lot.

Notes

Mich. Admin. Code R. 285.623.106

1994 AACS