(a) Unless a specialized laboratory is designated by
the State Seed and Plant Board in agreement with the Seed Quality
Program, to do the testing of a specific seed commodity, the laboratory
test must be made by one of the department's seed laboratories, the
official state seed laboratory of another state or a registered seed
technologist in good standing with the Society of Commercial Seed
Technologists. In addition to the sample submitted to a laboratory
for analysis, a file sample shall be submitted to the Seed Quality
Program, which may be used for determining other varieties and/or
off type plants. File samples of seed lots submitted for certification
must be drawn in the manner recommended by the Association of Official
Seed Analysts, and at least the size shown in §10.14 of this
title (relating to Minimum Amount of Seed Required for Laboratory
Analysis). For industrial hemp, the file sample size shall be set
by the certifying agency. Each sample must be identified with the
following information: name and address of applicant, kind and variety
of seed, seed class eligibility, year of production, final lot number,
and seed treatment substance.
(b) The rules for testing seed as adopted by the Association
of Official Seed Analysts are hereby adopted as the procedure to be
followed in the testing of seed subject to certification. However,
when no rules for testing have been adopted by the Association of
Official Seed Analysts, the procedure used must be mutually approved
by the State Seed and Plant Board and the Seed Quality Program. The
results of such tests shall be the basis for the enforcement of the
provisions of this act for all classes of seed recognized.
(c) The State Seed and Plant Board has full authority
to question the procedure used by laboratories or technologists for
testing eligible seed. Failure to follow the correct testing procedure
shall be cause for the board to consider all tests made by the laboratory
and/or technologist as no longer being acceptable in meeting certification
requirements.
(d) In order to allow the seedsmen to bag and label
in one operation, the certification labels for seed from a field or
from blended fields may be issued upon receipt of the inspector's
completed report showing all seed involved to have passed the field
production standards, even though the laboratory test has not been
completed and in case of hybrid sorghum seed, sorghum line seed, hybrid
sunflower seed, and sunflower line seed, the required varietal purity
grow-out test has not been completed. In all cases, a copy of the
laboratory test from each lot represented which is identifiable with
the certification labels issued must be furnished the Seed Quality
Program prior to distribution of the seed. However, the applicant
must furnish the Seed Quality Program a copy of the laboratory test
not later than July 31 of each year for the previous year's production
unless an extension in writing is requested for a good and valid reason.
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