(a) Requirements for sale. The Foundation class of
seed may not be sold in bulk. The Registered class of only small grains
and rice and the Certified class of any crop kind may be sold in bulk
provided the identity of the seed is carefully maintained and the
seed is handled in a manner which prevents a mixture. All field and
seed standards other than even weight bagging must be met prior to
date of sale.
(b) Seller's responsibility. 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) insure that all bins, augers, conveyors, and other
equipment are adequately cleaned before handling certified seed;
(4) determine that the vehicle receiving bulk certified
seed is clean;
(5) keep a sample of each load of bulk certified seed
sold; and
(6) not accept any returned seed.
(c) Maintaining purity of seed. It is the buyer's responsibility
to maintain purity of the seed after it has been loaded into the buyer's
vehicle. Any unplanted seed cannot be returned to seller.
(d) Selling seed of the Certified class in bulk. A
maximum of two sales and two physical seed transfers are allowed.
Delivery may be made by the certified seed grower or a retail seed
facility, licensed under §9.2 of this title (relating to Agricultural
Seed), directly to the consumer. Applications must be made on forms
obtained from the department.
(1) The certified grower shall:
(A) submit a completed application and copy of the
"Report of Seed Analysis" from an approved laboratory to the department;
(B) provide a completed and signed Bulk Sales Certificate,
on a form approved by the department, to the buyer at delivery;
(C) submit a copy of the Bulk Sales Certificate and
a one-pound sample of each transaction to the Seed Quality Program
in Giddings within 30 days of each transaction along with the following
information:
(i) weight of seed;
(ii) date of transaction;
(iii) buyer's name and address; and
(iv) delivery point;
(D) pay the necessary Bulk Sales Certificate fee ($0.16
per one hundred pounds, or fraction of one hundred pounds of seed,
or $5.00, whichever is greater);
(E) if delivery is made directly to the consumer, pay
the necessary Agricultural Seed Inspection Fee as required in §9.2
of this title;
(F) maintain the following records:
(i) the amount of certified seed sold as bulk seed;
(ii) copies of the Bulk Sales Certificate;
(iii) a current inventory of seed of each variety available
for sale.
(2) The retail seed facility shall:
(A) provide the consumer a completed Supplemental Bulk
Certificate, on a form approved by the department, upon delivery;
(B) provide the consumer with necessary label(s) printed
with all of the analysis information required under VTCA, Agriculture
Code, §61.004, (relating to labeling of Agricultural Seed);
(C) submit a copy of the completed Supplemental Bulk
Certificate to the Seed Quality Program in Giddings within 30 days
of each transaction; and
(D) maintain the following records:
(i) the amount of certified seed sold as bulk seed;
(ii) copies of the Bulk Sales Certificate;
(iii) copies of the Supplemental Bulk Certificate;
and
(iv) a current inventory of seed of each variety available
for sale.
(e) Selling seed of the Registered class in bulk. A
maximum of two sales with a maximum of one delivery are allowed. The
delivery is to be made by the certified seed grower directly to the
consumer. The certified seed grower shall comply with the requirements
of subsection (d)(1) of this section and maintain the following records:
(1) the amount of certified seed sold as bulk seed;
(2) copies of the Bulk Sales Certificate; and
(3) a current inventory of seed of each variety available
for sale.
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Source Note: The provisions of this §10.11 adopted to be effective September 12, 2007, 32 TexReg 5653; amended to be effective September 1, 2011, 36 TexReg 5348; amended to be effective January 1, 2016, 40 TexReg 9619 |