All classes of certified seed, when offered for sale, shall
have an official certification label affixed to each container clearly
identifying the certification agency, the lot number or other identification,
variety name and kind, and class of seed. The responsibility for properly
labeling foundation, registered, or certified seed rests with the grower or
first distributor.
1. Records. Each
person whose name appears on the label and handles seed shall keep for a period
of three years complete records of each lot of seed handled. All records
pertaining to the lot involved must be accessible for inspection by the
commissioner at any time during customary business hours. Records shall
include:
a. Quantity of seed grown and
conditioned or purchased for bulk sale.
b. Quantity of bulk certified seed sold by
variety and lot number.
c. A
current inventory of each variety of seed available for sale.
d. Consult Federal Seed Act regulations part
201 for recordkeeping requirements for seed in interstate commerce.
2. Samples. It is the initial
labeler's responsibility to maintain possession of a two-pound [.907-kilogram]
sample identified by kind, variety, class, and lot number of each lot of
certified seed sold, whether bagged or in bulk, for a period of one year after
the final disposition of the seed lot.
3. No person may disclaim responsibility of
the vendor of the seed for the data on the label required by law, and any such
disclaimer of vendor's express or implied warranty is invalid.
4. Bagged seed.
a. All bagged seed represented or sold as
foundation, registered, or certified must be bagged in new bags and the
official certification tag properly affixed on the bag. Certification tags are
void if improperly used or not attached to the bag. Containers or tote bags
larger than one hundred sixty pounds [72.77 kilograms] may be considered bulk
seed.
b. The use of two tags, the
official certification tag and a separate analysis tag, on foundation,
registered, or certified seed is optional.
c. Certified seed will be considered
mislabeled unless the seed analysis is on either the certification tag or on an
additional tag or printed on the bag.
d. Certification tags are not valid when they
are transferred in any manner other than attached to the eligible seed
bag.
5. Bulk seed. In
the case of seed sold in bulk, the bulk certified seed certificate takes the
place of the certified seed tag. The complete seed analysis will be printed on
the certificate.
a. Foundation and registered
class seed may be sold in bulk only by the applicant producer, or by an
approved conditioner.
b. Certified
class seed may be sold in bulk by the applicant producer, an approved
conditioner, or an approved bulk retail facility.
c. Approved bulk retail facilities may be
allowed to handle bulk registered seed on a case-by-case basis only when
authorized by the state seed department. If authorized by the seed department,
the bulk retailer must designate which bins will be used for registered
seed.
d. Bulk retail seed
facilities must be approved annually before certified seed can be handled in
bulk. Such facilities may be part of a seed conditioning facility or may be
approved only for handling bulk certified seed. Before approval, all procedures
for receiving, storing, dispensing, and recordkeeping must be inspected, The
applicant must demonstrate acceptable procedures for maintaining purity and
identity of bulk certified seed.
e.
Offsite bins or satellite bin locations shall be managed in the same manner as
those at an approved facility. Bins shall be listed on a separate bin list
registered under the name of an approved facility. All satellite locations
shall be inspected annually by the seed department.
f. Handling bulk certified seed:
(1) A separate storage bin must be available
for each lot that will be sold in bulk. Each bin shall be considered a separate
lot of seed and shall be labeled accordingly.
(2) All bins, augers, converyors, and other
equipment must be cleaned before storage or handling certified seed.
(3) All hopper bins must be equipped with
bottom access ports, inside ladders, or some other means approved by the seed
department to facilitate access for cleaning.
(4) All augers used to convey seed must be
reversible.
(5) All bins must be
clearly and prominently marked to show kind, variety, class, and lot
number.
(6) All bin openings must
be closed to prevent contamination, except when seed is being put in or removed
from the bin, or to allow for aeration.
g. A maximum of two physical transfers are
permitted after final certification.
h. It is the seller's responsibility to:
(1) Handle seed in a manner to prevent
mixtures and contamination.
(2)
Supply seed that is representative of the seed tested and approved for
certification.
(3) Ensure all bins,
augers, conveyors, and other equipment are adequately cleaned before handling
certified seed.
(4) Determine that
the vehicle receiving bulk certified seed has been cleaned prior to receiving
the seed. If it is not clean, this is to be noted on the bill of sale or
transfer certificate.
(5) Provide
to the purchaser a bulk certificate for each load of bulk certified seed at the
time of delivery.
(6) Ensure that
the conditioned lot is not moved from the premises of the approved conditioning
facility or labeler's facility until the sample has been tested by the state
seed department laboratory and shows that the lot is eligible for
certification.
i. It is
the buyer's responsibility to:
(1) Obtain a
bulk certificate from the seller for each load of bulk certified seed at the
time of delivery.
(2) Provide a
clean vehicle or container in which to load seed.
(3) Maintain purity of the seed after it has
been loaded into the buyer's vehicle.