(a) All production of female seed parents, pollinating
seed parents, and commercial hybrids must be test-planted (variety
purity grow-out test). Such test must be conducted under the supervision
of the Seed Quality Program, as the enforcement agency. The required
tests must consist of not less than 1/10 acre of not less than 2,000
plants in one location. It will be the responsibility of the seed
producer to notify his or her area Regional Office in the area where
the seed is stored when the lot of seed is ready to be sampled. Samples
must be drawn as directed by the department. One pound of seed will
be required for each 1/10 acre test. The test will be inspected during
the bloom stage by approved inspectors of the department.
(b) A sample considered to be on the borderline between
acceptance and rejection or a sample rejected by the department may
be inspected by an advisory committee annually appointed by the State
Seed and Plant Board. The committee will consist of two approved seed
certification inspectors from the department, two Texas certified
seed growers, and one member of Texas AgriLife Research. The committee
will advise the Seed Quality Program of their recommendations. The
seed producer will have the privilege of having at least a 2/5 acre
plot (of a lot rejected in the grow-out test) planted for reconsideration
by the department and the advisory committee. The same controls will
apply to larger plots that are applicable to the 1/10 acre tests.
(c) A fee of $180 for each sample grown for reconsideration
must be paid to the Texas Department of Agriculture, and the travel
and per diem expenses of department personnel necessary to sample,
plant, and inspect the larger plot must be paid by the seed producer.
(d) Removal of any plants from any of the aforementioned
grow-out tests at any time by the seed producer or by anyone else
with his or her knowledge prior to the acceptance or rejection of
the lot represented will immediately cancel the eligibility of the
producer to certify.
(e) Varietal purity grow-out test standard.
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Source Note: The provisions of this §10.22 adopted to be effective September 2, 1996, 21 TexReg 7955; amended to be effective June 3, 1997, 22 TexReg 4415; amended to be effective February 28, 2002, 27 TexReg 1316; amended to be effective September 1, 2003, 28 TexReg 7346; amended to be effective September 1, 2011, 36 TexReg 5348; amended to be effective January 1, 2016, 40 TexReg 9619 |