7 CFR Part 201 — Federal Seed Act Requirements

PART 201—FEDERAL SEED ACT REQUIREMENTS Authority: 7 U.S.C. 1592. Note: Approved by the Office of Management and Budget under OMB control number 0581-0026 (47 FR 746, Jan. 7, 1982) Definitions § 201.1 Meaning of words. Words in the regulations in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. [5 FR 28, Jan. 4, 1940] § 201.2 Terms defined. When used in the regulations in this part the terms as defined in section 101 of the Act, unless modified in this section as provided in the Act, shall apply with equal force and effect. In addition, as used in this part: (a) The Act. (b) Person. (c) Secretary. (d) Hearing Clerk. (e) Respondent. (f) Examiner. (g) Federal Register. Federal Register (h) Agricultural seeds. Agrotricum— × Agrotriticum Alfalfa— Medicago sativa sativa Alfilaria— Erodium cicutarium Alyceclover— Alysicarpus vaginalis Bahiagrass— Paspalum notatum Barley— Hordeum vulgare vulgare Barrelclover— Medicago truncatula Bean, adzuki— Vigna angularis angularis Bean, field— Phaseolus vulgaris vulgaris Bean, mung— Vigna radiata radiata Beet, field— Beta vulgaris vulgaris Beet, sugar— Beta vulgaris vulgaris Beggarweed, Florida— Desmodium tortuosum Bentgrass, colonial— Agrostis capillaris Bentgrass, creeping— Agrostis stolonifera Bentgrass, velvet— Agrostis canina Bermudagrass— Cynodon dactylon dactylon Bermudagrass, giant— Cynodon dactylon aridus Bluegrass, annual— Poa annua Bluegrass, bulbous— Poa bulbosa Bluegrass, Canada— Poa compressa Bluegrass, glaucantha— Poa glauca Bluegrass, Kentucky— Poa pratensis Bluegrass, Nevada— Poa secunda Bluegrass, rough— Poa trivialis Bluegrass, Texas— Poa arachnifera Bluegrass, wood— Poa nemoralis Bluejoint— Calamagrostis canadensis Bluestem, big— Andropogon gerardi Bluestem, little— Schizachyrium scoparium Bluestem, sand— Andropogon hallii Bluestem, yellow— Bothriochloa ischaemum ischaemum Bottlebrush-squirreltail— Elymus elymoides Brome, field— Bromus arvensis Brome, meadow— Bromus biebersteinii Brome, mountain— Bromus carinatus marginatus Brome, smooth— Bromus inermis inermis Broomcorn— Sorghum bicolor Buckwheat— Fagopyrum esculentum Buffalograss— Bouteloua dactyloides Buffelgrass— Cenchrus ciliaris Burclover, California— Medicago polymorpha Burclover, spotted— Medicago arabica Burnet, little— Sanguisorba minor Buttonclover— Medicago orbicularis Camelina— Camelina sativa sativa Canarygrass— Phalaris canariensis Canarygrass, reed— Phalaris arundinacea Carpetgrass— Axonopus fissifolius Castorbean— Ricinus communis Chess, soft— Bromus hordeaceus Chickpea— Cicer arietinum Clover, alsike— Trifolium hybridum Clover, arrowleaf— Trifolium vesiculosum Clover, berseem— Trifolium alexandrinum Clover, cluster— Trifolium glomeratum Clover, crimson— Trifolium incarnatum Clover, Kenya— Trifolium semipilosum Clover, ladino— Trifolium repens Clover, lappa— Trifolium lappaceum Clover, large hop— Trifolium campestre Clover, Persian— Trifolium resupinatum Clover, red or Red clover, mammoth— Trifolium pratense Red clover, medium— Trifolium pratense Clover, rose— Trifolium hirtum All. Clover, small hop or suckling— Trifolium dubium Clover, strawberry— Trifolium fragiferum Clover, sub or subterranean— Trifolium subterraneum Clover, white— Trifolium repens Clover—(also see Alyceclover, Burclover, Buttonclover, Sourclover, Sweetclover) Corn, field— Zea mays mays Corn, pop— Zea mays mays Cotton— Gossypium spp. Cowpea— Vigna unguiculata (L.) Walp. subsp. unguiculata Crambe— Crambe hispanica L. subsp. Abyssinica Crested dogtail— Cynosurus cristatus Crotalaria, lance— Crotalaria lanceolata Crotalaria, showy— Crotalaria spectabilis Crotalaria, slenderleaf— Crotalaria brevidens intermedia Crotalaria, striped or smooth— Crotalaria pallida Crotalaria, sunn or sunn hemp— Crotalaria juncea Crownvetch— Securigera varia Dallisgrass— Paspalum dilatatum Dichondra— Dichondra repens Dropseed, sand— Sporobolus cryptandrus Emmer— Triticum turgidum dicoccon Fescue, Chewing's— Festuca rubra commutata Fescue, hair— Festuca filiformis Fescue, hard— Festuca trachyphylla Fescue, meadow— Festuca pratensis Fescue, red— Festuca rubra rubra Fescue, sheep— Festuca ovina Fescue, tall— Festuca arundinacea Flatpea— Lathyrus sylvestris Flax— Linum usitatissimum Foxtail, creeping— Alopecurus arundinaceus Foxtail, meadow— Alopecurus pratensis Galletagrass— Pleuraphis jamesii Grama, blue— Bouteloua gracilis Grama, side-oats— Bouteloua curtipendula Guar— Cyamopsis tetragonoloba Guineagrass— Megathyrsus maximus Hardinggrass— Phalaris aquatica Hemp— Cannabis sativa sativa Indiangrass, yellow— Sorghastrum nutans Indigo, hairy— Indigofera hirsuta Japanese lawngrass— Zoysia japonica Johnsongrass— Sorghum halepense Kenaf— Hibiscus cannabinus Kochia, forage— Bassia prostrata Kudzu— Pueraria montana lobata Lentil— Lens culinaris culinaris Lespedeza, Korean— Kummerowia stipulacea Lespedeza, sericea or Chinese— Lespedeza cuneata Lespedeza, Siberian— Lespedeza juncea Lespedeza, striate— Kummerowia striata Lovegrass, sand— Eragrostis trichodes Lovegrass, weeping— Eragrostis curvula Lupine, blue— Lupinus angustifolius Lupine, white— Lupinus albus Lupine, yellow— Lupinus luteus Manilagrass— Zoysia matrella Medic, black— Medicago lupulina Milkvetch or cicer milkvetch— Astragalus cicer Millet, browntop— Urochloa ramosa Millet, foxtail— Setaria italica italica Millet, Japanese— Echinochloa esculenta Millet, pearl— Cenchrus americanus Millet, proso— Panicum miliaceum miliaceum Molassesgrass— Melinis minutiflora Mustard, black— Brassica nigra Mustard, India— Brassica juncea juncea Mustard, white— Sinapis alba alba Napiergrass— Cenchrus purpureus Needlegrass, green— Nassella viridula Oat— Avena byzantina A. sativa A. nuda Oatgrass, tall— Arrhenatherum elatius elatius Orchardgrass— Dactylis glomerata Panicgrass, blue— Panicum antidotale Panicgrass, green— Megathyrsus maximus Pea, field— Pisum sativum arvense Peanut— Arachis hypogaea Poa trivialis—(see Bluegrass, rough) Radish— Raphanus sativus Rape, annual— Brassica napus napus Rape, bird— Brassica rapa oleifera Rape, turnip— Brassica rapa oleifera Rape, winter— Brassica napus napus Redtop— Agrostis gigantea Rescuegrass— Bromus catharticus catharticus Rhodesgrass— Chloris gayana Rice— Oryza sativa Ricegrass, Indian— Achnatherum hymenoides Roughpea— Lathyrus hirsutus Rye— Secale cereale cereale Rye, mountain— Secale strictum strictum Ryegrass, annual or Italian— Lolium multiflorum Ryegrass, intermediate— Lolium hybridum Ryegrass, perennial— Lolium perenne Ryegrass, Wimmera— Lolium rigidum Safflower— Carthamus tinctorius Sagewort, Louisiana— Artemisia ludoviciana Sainfoin— Onobrychis viciifolia Saltbush, fourwing— Atriplex canescens Sesame— Sesamum indicum Sesbania— Sesbania exaltata Smilo— Oloptum miliaceum Sorghum— Sorghum bicolor Sorghum almum— Sorghum almum Sorghum-sudangrass— Sorghum drummondii Sorgrass—Rhizomatous derivatives of a johnsongrass × sorghum cross or a johnsongrass × sudangrass cross Southernpea—(See Cowpea) Sourclover— Melilotus indicus Soybean— Glycine max Spelt— Triticum aestivum spelta Sudangrass— Sorghum drummondii Sunflower— Helianthus annuus Sweetclover, white— Melilotus albus Sweetclover, yellow— Melilotus officinalis Sweet vernalgrass— Anthoxanthum odoratum Sweetvetch, northern— Hedysarum boreale Switchgrass— Panicum virgatum Teff— Eragrostis tef Timothy— Phleum pratense Timothy, turf— Phleum nodosum Tobacco— Nicotiana tabacum Trefoil, big— Lotus uliginosus Trefoil, birdsfoot— Lotus corniculatus Triticale— × Triticosecale Secale Triticum Vaseygrass— Paspalum urvillei Veldtgrass— Ehrharta calycina Velvetbean— Mucuna pruriens utilis Velvetgrass— Holcus lanatus Vetch, common— Vicia sativa sativa Vetch, hairy— Vicia villosa villosa Vetch, Hungarian— Vicia pannonica Vetch, monantha— Vicia articulata Vetch, narrowleaf or blackpod— Vicia sativa nigra Vetch, purple— Vicia benghalensis Vetch, woollypod or winter— Vicia villosa varia Wheat, common— Triticum aestivum aestivum Wheat, club— Triticum aestivum compactum Wheat, durum— Triticum turgidum durum Wheat, Polish— Triticum turgidum polonicum Wheat, poulard— Triticum turgidum turgidum Wheat × Agrotricum— Triticum Agrotriticum Wheatgrass, beardless— Pseudoroegneria spicata Wheatgrass, crested or fairway crested— Agropyron cristatum Wheatgrass, crested or standard crested— Agropyron desertorum Wheatgrass, intermediate— Thinopyrum intermedium intermedium Wheatgrass, pubescent— Thinopyrum intermedium barbulatum Wheatgrass, Siberian— Agropyron fragile Wheatgrass, slender— Elymus trachycaulus trachycaulus Wheatgrass, streambank— Elymus lanceolatus riparius Wheatgrass, tall— Thinopyrum elongatum Wheatgrass, western— Pascopyrum smithii Wildrye, basin— Leymus cinereus Wildrye, Canada— Elymus canadensis Wildrye, Russian— Psathyrostachys juncea Zoysia japonica—(see Japanese lawngrass) Zoysia matrella—(see Manilagrass) (i) Vegetable seeds. Artichoke— Cynara cardunculus Asparagus— Asparagus officinalis Asparagusbean or yard-long bean— Vigna unguiculata Walp. subsp. sesquipedalis Bean, garden— Phaseolus vulgaris vulgaris Bean, Lima— Phaseolus lunatus Bean, runner or scarlet runner— Phaseolus coccineus Beet— Beta vulgaris vulgaris Broadbean— Vicia faba faba Broccoli— Brassica oleracea italica Brussels sprouts— Brassica oleracea gemmifera Burdock, great— Arctium lappa Cabbage— Brassica oleracea capitata Cabbage, Chinese— Brassica rapa pekinensis Cabbage, tronchuda— Brassica oleracea costata Cantaloupe—(see Melon) Cardoon— Cynara cardunculus Carrot— Daucus carota sativus Cauliflower— Brassica oleracea botrytis Celeriac— Apium graveolens rapaceum Celery— Apium graveolens dulce Chard, Swiss— Beta vulgaris vulgaris Chicory— Cichorium intybus Chives— Allium schoenoprasum Citron melon— Citrullus lanatus citroides Collards— Brassica oleracea viridis Corn, sweet— Zea mays mays Cornsalad— Valerianella locusta Cowpea— Vigna unguiculata unguiculata Cress, garden— Lepidium sativum Cress, upland— Barbarea verna Cress, water— Nasturtium officinale Cucumber— Cucumis sativus Dandelion— Taraxacum officinale Dill— Anethum graveolens Eggplant— Solanum melongena Endive— Cichorium endivia endivia Favabean (see Broadbean) Gherkin, West India— Cucumis anguria anguria Kale— Brassica oleracea viridis Kale, Chinese— Brassica oleracea alboglabra Kale, Siberian— Brassica napus pabularia Kohlrabi— Brassica oleracea gongylodes Leek— Allium porrum Lettuce— Lactuca sativa Melon— Cucumis melo melo Muskmelon—(see Melon). Mustard, India— Brassica juncea Mustard, spinach— Brassica rapa perviridis Okra— Abelmoschus esculentus Onion— Allium cepa cepa Onion, bunching (see Onion, Welsh) Onion, Welsh— Allium fistulosum Pak-choi— Brassica rapa chinensis Parsley— Petroselinum crispum Parsnip— Pastinaca sativa sativa Pea— Pisum sativum sativum Pepper— Capsicum Pe-tsai—(see Chinese cabbage). Pumpkin— Cucurbita pepo C. moschata C. maxima Radicchio (see Chicory) Radish— Raphanus sativus Rhubarb— Rheum × hybridum Rutabaga— Brassica napus napobrassica Sage— Salvia officinalis Salsify— Tragopogon porrifolius Savory, summer— Satureja hortensis Sorrel— Rumex acetosa Southernpea—(see Cowpea) Soybean— Glycine max Spinach— Spinacia oleracea Spinach, New Zealand— Tetragonia tetragonoides Squash— Cucurbita pepo C. moschata C. maxima Tomato— Solanum lycopersicum Tomato, husk— Physalis pubescens Turnip— Brassica rapa rapa Watermelon— Citrullus lanatus lanatus (j) Regulations. (k) Joint regulations. (l) Complete record. (2) The complete record kept by each person for each treatment substance or lot of seed consists of the information pertaining to his own transactions and the information received from others pertaining to their transactions with respect to each treatment substance or lot of seed. (m) Declaration. (n) Declaration of origin. (o) Declaration of kind, variety, or type. (p) Mixture. (q) Coated seed. (r) Grower. (s) Country shipper. (t) Dealer. (u) Consumer. (v) Lot of seed. (w) Purity. (x) Inoculant. (y) Hybrid. (z) Conditioning. (aa) Agricultural Marketing Service (bb) Breeder seed. (cc) Foundation seed. (dd) Registered seed. (ee) Certified seed. (ff) Off-type. (gg) Inbred line. (hh) Single cross. (ii) Foundation single cross. (jj) Double cross. (kk) Top cross. (ll) Three-way cross. (mm) Open-pollination. (nn) Coating material. (oo) Brand. [5 FR 28, Jan. 4, 1940] Editorial Note: For Federal Register www.govinfo.gov. administration § 201.3 Administrator. The Administrator of the Agricultural Marketing Service may perform such duties as the Secretary requires in enforcing the provisions of the Act and of the regulations in this part. [85 FR 40579, July 7, 2020] records for agricultural and vegetable seeds § 201.4 Maintenance and accessibility. (a) Each person transporting or delivering for transportation in interstate commerce agricultural or vegetable seed subject to the Act shall keep for a period of 3 years a complete record of each lot of such seed so transported or delivered, including a sample representing each lot of such seed, except that any seed sample may be discarded 1 year after the entire lot represented by such sample has been disposed of by such person. (b) Each sample of agricultural seed retained shall be at least the weight required for a noxious-weed seed examination as set forth in § 201.46 and each sample of vegetable seed retained shall consist of at least 400 seeds. The record shall be kept in such manner as to permit comparison with the records required to be kept by other persons for the same lot of seed so that the origin, treatment (including, but not limited to, coating, film coating, encrusting, or pelleting), germination, and purity (including variety) of agricultural seed and the treatment (including, but not limited to, coating, film coating, encrusting, or pelleting), germination and variety of vegetable seed may be traced from the grower to the ultimate consumer and so that the lot of seed may be correctly labeled. The record shall be accessible for inspection by the authorized agents of the Secretary for purposes of the effective administration of the Act at any time during customary business hours. [24 FR 3951, May 15, 1959, as amended at 32 FR 12778, Sept. 6, 1967; 85 FR 40579, July 7, 2020] § 201.5 Origin. (a) The complete record for any lot of seed of alfalfa, red clover, white clover, or field corn, except hybrid seed corn, shall include a declaration of origin, or information traceable to a declaration of origin or evidence showing that a declaration of origin could not be obtained. (b) Each country shipper shall retain a copy of each declaration which he issues and shall attach thereto a detailed record showing the names and addresses of growers or country shippers from whom the seed was purchased, the quantity of seed purchased from each, and the date on which it was delivered to him. [5 FR 30, Jan. 4, 1940, as amended at 20 FR 7929, Oct. 21, 1955] § 201.6 Germination. The complete record shall include the records of all laboratory tests for germination and hard seed for each lot of seed offered for transportation in whole or in part. The record shall show the kind of seed, lot number, date of test, percentage of germination and hard seeds, and such other information as may be necessary to show the method used. [5 FR 30, Jan. 4, 1940] § 201.7 Purity (including variety). The complete record for any lot of seed shall include (a) records of tests, including statements of weed seeds, noxious weed seeds, inert matter, other agricultural seeds, and of any determinations of kind, variety, or type and a description of the methods used; and (b) for seeds indistinguishable by seed characteristics, records necessary to disclose the kind, variety, or type, including a grower's declaration of kind, variety, or type or an invoice, or other document establishing the kind, variety, or type to be that stated, and a representative sample of the seed. The grower's declaration shall be obtained and kept by the person procuring the seed from the grower. A copy of the grower's declaration and a sample of the seed shall be retained by the grower. [5 FR 30, Jan. 4, 1940, as amended at 20 FR 7929, Oct. 21, 1955; 24 FR 3951, May 15, 1959; 85 FR 40579, July 7, 2020] § 201.7a Treated seed. The complete record for any lot consisting of or containing treated seed shall include records necessary to disclose the name of any substance or substances used in the treatment of such seed, including a label or invoice or other document received from any person establishing the name of any substance or substances used in the treatment to be as stated, and a representative sample of the treated seed. [32 FR 12778, Sept. 6, 1967] labeling agricultural seeds § 201.8 Contents of the label. The label shall contain the required information in any form that is clearly legible and complies with the regulations in this part. The information may be on a tag attached securely to the container, or may be printed in a conspicuous manner on a side or the top of the container. The label may contain information in addition to that required by the Act, provided such information is not misleading. [5 FR 30 Jan. 4, 1940, as amended at 24 FR 3952, May 15, 1959; 85 FR 40579, July 7, 2020] § 201.9 Kind. The name of each kind of seed present in excess of 5 percent shall be shown on the label and need not be accompanied by the word “kind.” When two or more kinds of seed are named on the label, the name of each kind shall be accompanied by the percentage of each. When only one kind of seed is present in excess of 5 percent and no variety name or type designation is shown, the percentage of that kind may be shown as “pure seed” and such percentage shall apply only to seed of the kind named. [5 FR 30, Jan. 4, 1940] § 201.10 Variety. (a) The following kinds of agricultural seeds are generally labeled as to variety and shall be labeled to show the variety name or the words “Variety Not Stated.” Alfalfa; Bahiagrass; Barley; Bean, field; Beet, field; Brome, smooth; Broomcorn; Clover, crimson; Clover, red; Clover, white; Corn, field; Corn, pop; Cotton; Cowpea; Crambe; Fescue, tall; Flax; Lespedeza, striate; Millet, foxtail; Millet, pearl; Oat; Pea, field; Peanut; Radish; Rice; Rye; Safflower; Sorghum; Sorghum-sudangrass, Soybean; Sudangrass; Sunflower; Tobacco; Trefoil, birdsfoot; Triticale; Wheat, common; Wheat, durum. (b) If the name of the variety is given, the name may be associated with the name of the kind with or without the words “kind and variety.” The percentage in such case, which may be shown as “pure seed,” shall apply only to seed of the variety named, except for the labeling of hybrids as provided in § 201.11a. If separate percentages for the kind and the variety or hybrid are shown, the name of the kind and the name of the variety or the term “hybrid” shall be clearly associated with the respective percentages. When two or more varieties are present in excess of 5 percent and are named on the label, the name of each variety shall be accompanied by the percentage of each. [32 FR 12778, Sept. 6, 1967, and 33 FR 10840, July 31, 1968, as amended at 35 FR 6108, Apr. 15, 1970; 59 FR 64491, Dec. 14, 1994; 85 FR 40579, July 7, 2020] § 201.11 Type. (a) When type is designated, such designation may be associated with the name of the kind but shall in all cases be clearly associated with the word “type.” The percentage, which may be shown as “pure seed”, shall apply only to the type designated. If separate percentages for the kind and the type are shown, such percentages shall be clearly associated with the name of the kind and the name of the type. (b) If the type designation does not include a variety name, it shall include a name descriptive of a group of varieties of similar character and the pure seed shall be at least 90 percent of one or more varieties all of which conform to the type designation. (c) If the name of a variety is used as a part of the type designation, the seed shall be of that variety and may contain: (1) An admixture of seed of other indistinguishable varieties of the same kind and of similar character; or, (2) an admixture of indistinguishable seeds having genetic characteristics dissimilar to the variety named by reason of cross-fertilization with other varieties. In either case, at least 90 percent of the pure seed shall be of the variety named or upon growth shall produce plants having characteristics similar to the variety named. [5 FR 30, Jan. 4, 1940] § 201.11a Hybrid. If any one kind or kind and variety of seed present in excess of 5 percent is “hybrid” seed, it shall be designated “hybrid” on the label. The percentage that is hybrid shall be at least 95 percent of the percentage of pure seed shown unless the percentage of pure seed which is hybrid seed is shown separately. If two or more kinds or varieties are present in excess of 5 percent and are named on the label, each that is hybrid shall be designated as hybrid on the label. Any one kind or kind and variety that has pure seed which is less than 95 percent but more than 75 percent hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to show (a) the percentage of pure seed that is hybrid seed or (b) a statement such as “Contains from 75 percent to 95 percent hybrid seed.” No one kind or variety of seed shall be labeled as hybrid if the pure seed contains less than 75 percent hybrid seed. [33 FR 10840, July 31, 1968] § 201.12 Name of kind and variety. The representation of kind or kind and variety shall be confined to the name of the kind or kind and variety determined in accordance with § 201.34. The name shall not have affixed thereto words or terms that create a misleading impression as to the history or characteristics of the kind or variety. [20 FR 7929, Oct. 21, 1955] § 201.12a Seed mixtures. Seed mixtures intended for seeding/planting purposes shall be designated as a mixture on the label and each seed component shall be listed on the label in the order of predominance. [85 FR 40579, July 7, 2020] § 201.13 Lot number or other identification. The lot number or other identification shall be shown on the label and shall be the same as that used in the records pertaining to the same lot of seed. [5 FR 30, Jan. 4, 1940, as amended at 59 FR 64491, Dec. 14, 1994] § 201.14 Origin. (a) Alfalfa, red clover, white clover, and field corn (except hybrid seed corn) shall be labeled to show: (1) The origin, if known; or (2) if the origin is not known, the statement “origin unknown.” (b) Whenever such seed originates in more than one State, the name of each State and the percentage of seed originating in each State shall be given in the order of its predominance. Whenever such seed originates in a portion of a State, it shall be permissible to label such seed as originating in such portion of a State. (c) Reasonable precautions to insure that the origin of seed is known shall include the maintaining of a record as described in § 201.5. The examination of the seed and any pertinent facts may be taken into consideration in determining whether reasonable precautions have been taken to insure the origin to be that which is represented. [5 FR 31, Jan. 4, 1940, as amended at 20 FR 7929, Oct. 21, 1955; 32 FR 12779, Sept. 6, 1967] § 201.15 Weed seeds. The percentage of weed seeds shall include seeds of plants considered weeds in the State into which the seed is offered for transportation or transported and shall include noxious weed seeds. [5 FR 31, Jan. 4, 1940] § 201.16 Noxious-weed seeds. (a) Except for those kinds of noxious-weed seeds shown in paragraph (b) of this section, the names of the kinds of noxious-weed seeds and the rate of occurrence of each shall be expressed in the label in accordance with, and the rate of occurrence shall not exceed the rate permitted by, the law and regulations of the State into which the seed is offered for transportation or is transported. If in the course of such transportation, or thereafter, the seed is diverted to another State of destination, the person or persons responsible for such diversion shall cause the seed to be relabeled with respect to the noxious-weed seed content, if necessary to conform to the laws and regulations of the State into which the seed is diverted. (b) Seeds or bulblets of the following plants shall be considered noxious-weed seeds in agricultural and vegetable seeds transported or delivered for transportation in interstate commerce (including Puerto Rico, Guam, and the District of Columbia). Agricultural or vegetable seed containing seeds or bulblets of these kinds shall not be transported or delivered for transportation in interstate commerce. Noxious-weed seeds include the following species on which no tolerance will be applied: Aeginetia Ageratina adenophora Alectra Alternanthera sessilis Asphodelus fistulosus Avena sterilis Avena ludoviciana Azolla pinnata Carthamus oxyacantha Cenchrus caudatus Cenchrus clandestinus Cenchrus pedicellatus Cenchrus polystachios Chrysopogon aciculatus Commelina benghalensis Crupina vulgaris Digitaria abyssinica Stapf. D. scalarum Digitaria scalarum Dinebra chinensis Drymaria arenarioides Eichornia azurea Galega officinalis Heracleum mantegazzianum Homeria Hydrilla verticillata Hygrophila polysperma Imperata brasiliensis Imperata cylindrica Ipomoea aquatica Ischaemum rugosum Lagarosiphon major Limnophila sessiliflora Lycium ferocissimum Melaleuca quinquenervia Melastoma malabathricum Mikania cordata Mikania micrantha Mimosa invisa Mimosa pigra pigra Monochoria hastata Monochoria vaginalis Nassella trichotoma Opuntia aurantiaca Oryza longistaminata Oryza punctata Oryza rufipogon Ottelia alismoides Paspalum scrobiculatum Prosopis alapataco Prosopis argentina Prosopis articulata Prosopis burkartii Prosopis caldenia Prosopis calingastana Prosopis campestris Prosopis castellanosii Prosopis denudans Prosopis elata Prosopis farcta Prosopis ferox Prosopis fiebrigii Prosopis hassleri Prosopis humilis Prosopis kuntzei Prosopis pallida Prosopis palmeri Prosopis reptans reptans Prosopis rojasiana Prosopis ruizlealii Prosopis ruscifolia Prosopis sericantha Prosopis strombulifera Prosopis torquata Rottboellia cochinchinensis Rubus moluccanus Rubus plicatus Rumex hypogaeus Rumex spinosus Saccharum spontaneum Sagittaria sagittifolia Salsola vermiculata Salvinia auriculata Salvinia biloba Salvinia herzogii Salvinia molesta Senecio inaequidens Setaria pallide-fusca Solanum tampicense Solanum torvum Solanum viarum Sparaganium erectum Spermacoce alata Striga Tridax procumbens Urochloa panicoides [65 FR 1706, Jan. 11, 2000, as amended at 76 FR 31794, June 2, 2011] § 201.17 Noxious-weed seeds in the District of Columbia. (a) Noxious-weed seeds in the District of Columbia are: Quackgrass ( Elymus repens Cirsium arvense Convolvulus arvensis Cynodon dactylon Cynodon dactylon aridus Poa annua Allium canadense Allium vineale (b) [Reserved] [65 FR 1707, Jan. 11, 2000, as amended at 85 FR 40579, July 7, 2020] § 201.18 Other agricultural seeds. Agricultural seeds other than those included in the percentage or percentages of kind, variety, or type may be expressed as “other crop seeds,” but the percentage shall include collectively all kinds, varieties, or types not named upon the label. [85 FR 40579, July 7, 2020] § 201.19 Inert matter. The label shall show the percentage by weight of inert matter. [5 FR 31, Jan. 4, 1940] § 201.20 Germination The label shall show the percentage of germination for each kind, kind and variety, kind and type, or kind and hybrid of agricultural seed comprising more than 5 percent of the whole. The label shall show the percentage of germination for each kind, kind and variety, kind and type, or kind and hybrid of agricultural seed comprising 5 percent of the whole or less if the seed is identified individually on the label. [85 FR 40579, July 7, 2020] § 201.21 Hard seed or dormant seed. The label shall show the percentage of hard seed or dormant seed, as defined in § 201.57 or § 201.57a, if any is present. The percentages of hard seed and dormant seed shall not be included as part of the germination percentage. [85 FR 40579, July 7, 2020] § 201.22 Date of test. (a) The label shall show the month and year in which the germination test was completed. No more than 5 calendar months shall have elapsed between the last day of the month in which the germination test was completed and the date of transportation or delivery for transportation in interstate commerce, except for seed in hermetically sealed containers as provided in § 201.36c in which case no more than 24 calendar months shall have elapsed between the last day of the month in which the germination test was completed prior to packaging and the date of transportation or delivery for transportation in interstate commerce. (b) In the case of a seed mixture, it is only necessary to state the calendar month and year of such test for the kind or variety or type of agricultural seed contained in such mixture which has the oldest calendar month and year test date among the test conducted on all the kinds or varieties or types of agricultural seed contained in such mixture. (c) The following kinds shall be tested within the indicated time before interstate shipment: Agricultural seeds and mixtures thereof Months from test date to shipment Bentgrass, Colonial 15 Bentgrass, Creeping 15 Bluegrass, Kentucky 15 Fescue, Chewings 15 Fescue, Hard 15 Fescue, Red 15 Fescue, Tall 15 Ryegrass, Annual 15 Ryegrass, Perennial 15 [5 FR 31, Jan. 4, 1940, as amended at 32 FR 12779, Sept. 6, 1967; 49 FR 1172, Jan. 10, 1984; 59 FR 64491, Dec. 14, 1994] § 201.23 Seller and buyer information. Consumer packages or containers of agricultural seed for interstate shipment must be labeled as follows: (a) The full name and address of the interstate shipper or a code designation identifying the interstate shipper, pursuant to § 201.24, must be printed on the label. (b) If pursuant to paragraph (a) only a code is used to identify the interstate shipper, the full name and address of the consignee must appear on the label. (c) For purposes of this section and § 201.24, the term shipper consignee [85 FR 40579, July 7, 2020] § 201.24 Code designation. The code designation used in lieu of the full name and address of the interstate shipper pursuant to § 201.23(a) shall be approved by the Administrator of the Agricultural Marketing Service (AMS) or such other person designated by the Administrator for the purpose. When used, the AMS code designation shall appear on the label in a clear and legible manner, along with the full name and address of the consignee. [85 FR 40580, July 7, 2020] § 201.24a Inoculated seed. Seed claimed to be inoculated shall be labeled to show the month and year beyond which the inoculant on the seed is no longer claimed to be effective by a statement such as, “Inoculant not claimed to be effective after____(Month and year).” [32 FR 12779, Sept. 6, 1967] labeling vegetable seeds § 201.25 Contents of the label. Vegetable seed in packets and in larger containers shall be labeled with the required information in any form that is clearly legible. Any tag used shall be securely attached to the container. The label may contain information in addition to that required by the Act, provided such information is not misleading. [5 FR 31, Jan. 4, 1940, as amended at 85 FR 40580, July 7, 2020] § 201.26 Kind, variety, and hybrid. The label shall bear the name of each kind and variety present as determined in accordance with § 201.34. The name shall not have affixed thereto words or terms that create a misleading impression as to the history or characteristics of kind or variety. If two or more kinds or varieties are present, the percentage of each shall be shown. If any one kind or variety named on the label is “hybrid” seed, it shall be so designated on the label. If two or more kinds or varieties are named on the label, each that is hybrid shall be shown as “hybrid” on the label. Any kind or variety that is less than 95 percent but more than 75 percent hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to show (a) the percentage that is hybrid seed or (b) a statement such as “Contains from 75 percent to 95 percent hybrid seed.” No one kind or variety of seed shall be labeled as hybrid if it contains less than 75 percent hybrid seed. [33 FR 10841, July 31, 1968, as amended at 59 FR 64491, Dec. 14, 1994] § 201.26a Vegetable seed mixtures. Vegetable seed mixtures for seeding/planting purposes shall be designated as a mixture on the label, and each seed component shall be listed on the label in the order of predominance. [85 FR 40580, July 7, 2020] § 201.27 Seller and buyer information. Consumer packages or containers of vegetable seed for interstate shipment must be labeled as follows: (a) The full name and address of the interstate shipper or a code designation identifying the interstate shipper, pursuant to § 201.28, must be printed on the label. (b) If pursuant to paragraph (a) only a code is used to identify the interstate shipper, the full name and address of the consignee must appear on the label. (c) For purposes of this section and § 201.28, the term shipper consignee [85 FR 40580, July 7, 2020] § 201.28 Code designation. The code designation used in lieu of the full name and address of the interstate shipper pursuant to § 201.27(a) shall be approved by the Administrator of the Agricultural Marketing Service (AMS) or such other person designated by the Administrator for the purpose. When used, the AMS code designation shall appear on the label in a clear and legible manner, along with the full name and address of the consignee. [85 FR 40580, July 7, 2020] § 201.29 Germination of vegetable seed in containers of 1 pound or less. Vegetable seeds in containers of 1 pound or less which have a germination percentage equal to or better than the standard set forth in § 201.31 need not be labeled to show the percentage of germination and date of test. Each variety of vegetable seed which has a germination percentage less than the standard set forth in § 201.31 shall have the words “Below Standard” clearly shown in a conspicuous place on the label or on the face of the container in type no smaller than 8 points. Each variety which germinates less than the standard shall also be labeled to show the percentage of germination and the percentage of hard seed (if any). [85 FR 40580, July 7, 2020] § 201.29a Germination of vegetable seed in containers of more than 1 pound. Each variety of vegetable seeds in containers of more than 1 pound shall be labeled to show the percentage of germination and the percentage of hard seed (if any). [32 FR 12779, Sept. 6, 1967] § 201.30 Hard seed. The label shall show the percentage of hard seed, if any is present, for any seed required to be labeled as to the percentage of germination, and the percentage of hard seed shall not be included as part of the germination percentage. [32 FR 12779, Sept. 6, 1967] § 201.30a Date of test. When the percentage of germination is required to be shown, the label shall show the month and year in which the germination test was completed. No more than 5 calendar months shall have elapsed between the last day of the month in which the germination test was completed and the date of transportation or delivery for transportation in interstate commerce, except for seed in hermetically sealed containers in which case no more than 24 calendar months shall have elapsed between the last day of the month in which the germination test was completed prior to packaging and the date of transportation or delivery for transportation in interstate commerce. [32 FR 12779, Sept. 6, 1967] § 201.30b Lot number or other lot identification of vegetable seed in containers of more than 1 pound. The lot number or other lot identification of vegetable seed in containers of more than 1 pound shall be shown on the label and shall be the same as that used in the records pertaining to the same lot of seed. [35 FR 6108, Apr. 15, 1970] § 201.30c Noxious-weed seeds of vegetable seed in containers of more than 1 pound. Except for those kinds of noxious-weed seeds shown in § 201.16(b), the names of kinds of noxious-weed seeds and the rate of occurrence of each shall be expressed in the label in accordance with, and the rate shall not exceed the rate permitted by, the law and regulations of the State into which the seed is offered for transportation or is transported. If in the course of such transportation, or thereafter, the seed is diverted to another State of destination, the person or persons responsible for such diversion shall cause the seed to be relabeled with respect to noxious-weed seed content, if necessary, to conform to the laws and regulations of the State into which the seed is diverted. [85 FR 40580, July 7, 2020] § 201.31 Minimum germination standards for vegetable seeds in interstate commerce. The following minimum germination standards for vegetable seeds in interstate commerce, which shall be construed to include hard seed, are determined and established under section 403(c) of the Act: Percent Artichoke 60 Asparagus 70 Asparagusbean 75 Bean, garden 70 Bean, lima 70 Bean, runner 75 Beet 65 Broadbean 75 Broccoli 75 Brussels sprouts 70 Burdock, great 60 Cabbage 75 Cabbage, tronchuda 70 Cardoon 60 Carrot 55 Cauliflower 75 Celeriac 55 Celery 55 Chard, Swiss 65 Chicory 65 Chinese cabbage 75 Chives 50 Citron 65 Collards 80 Corn, sweet 75 Cornsalad 70 Cowpea 75 Cress, garden 75 Cress, upland 60 Cress, water 40 Cucumber 80 Dandelion 60 Dill 60 Eggplant 60 Endive 70 Kale 75 Kale, Chinese 75 Kale, Siberian 75 Kohlrabi 75 Leek 60 Lettuce 80 Melon 75 Mustard, India 75 Mustard, spinach 75 Okra 50 Onion 70 Onion, Welsh 70 Pak-choi 75 Parsley 60 Parsnip 60 Pea 80 Pepper 55 Pumpkin 75 Radish 75 Rhubarb 60 Rutabaga 75 Sage 60 Salsify 75 Savory, summer 55 Sorrel 65 Soybean 75 Spinach 60 Spinach, New Zealand 40 Squash 75 Tomato 75 Tomato, husk 50 Turnip 80 Watermelon 70 [59 FR 64491, Dec. 14, 1994, as amended at 85 FR 40580, July 7, 2020] labeling in general § 201.31a Labeling treated seed. (a) Contents of label. Treated with __________ (name of substance or process) or __________ (name of substance or process) treated. If the substance used in such treatment in the amount remaining with the seed is harmful to humans or other vertebrate animals, the seed shall also bear a label containing additional statements as required by paragraphs (c) and (d) of this section. The label shall contain the required information in any form that is clearly legible and complies with the regulations in this part. The information may be on the tag bearing the analysis information or on a separate tag, or it may be printed in a conspicuous manner on a side or top of the container. (b) Name of substance or active ingredient. (c) Mercurials and similarly toxic substances. (2) Mercurials and similarly toxic substances (Environmental Protection Agency Toxicity Category I) include the following: Aldrin, technical Demeton Dieldrin p-Dimethylaminobenzenediazo sodium sulfonate Endrin Ethion Heptachlor Mercurials, all types Parathion Phorate Toxaphene O - O - Diethyl-O-(isopropyl-4-methyl-6-py- rimidyl) thiophosphate O, O-Diethyl-S-2-(ethylthio) ethyl phosphorodithioate Any amount of such substances remaining with the seed is considered harmful within the meaning of this section. (d) Other harmful substances. Allethrin—2 p.p.m. Malathion—8 p.p.m. Methoxyclor—2 p.p.m. Piperonyl butoxide—8 p.p.m. on oat and sorghum and 20 p.p.m. on all other seeds. Pyrethrins—1 p.p.m. on oat and sorghum and 3 p.p.m. on all other seeds. [24 FR 3953, May 15, 1959, as amended at 25 FR 8769, Sept. 13, 1960; 30 FR 7888, June 18, 1965; 76 FR 31794, June 2, 2011; 85 FR 40580, July 7, 2020] § 201.32 Screenings. Screenings shipped in interstate commerce, if in containers, shall be labeled in a legible manner with letters not smaller than 18 point type and, if in bulk, shall be invoiced with the words, “Screenings for processing—not for seeding.” [5 FR 31, Jan. 4, 1940] § 201.33 Seed in bulk or large quantities; seed for cleaning or processing. (a) In the case of seed in bulk, the information required under sections 201(a), (b), and (i) of the Act shall appear in the invoice or other records accompanying and pertaining to such seed. If the seed is in containers and in quantities of 20,000 pounds or more, regardless of the number of lots included, the information required on each container under sections 201 (a), (b), and (i) of the Act need not be shown on each container; Provided, (b) Seed consigned to a seed cleaning or processing establishment, for cleaning or processing for seeding purposes, need not be labeled to show the information required on each container under sections 201 (a), (b), and (i) of the Act if it is in bulk, or in containers and in quantities of 20,000 pounds or more regardless of the number of lots involved, and the invoice or other records accompanying and pertaining to such seed show that it is “Seed for processing,” or, if the seed is in containers and in quantities less than 20,000 pounds and each container bears a label with the words “Seed for processing.” If any such seed is later to be labeled as to origin and/or variety, the origin and/or variety as the case may be, shall be shown on the invoice if the seed is in bulk, otherwise, on a label, at the time of transportation to such establishment, except that if it is covered by a declaration of origin and/or variety it will be sufficient if the lot designation appearing in the declaration is placed on the invoice if the seed is in bulk, or on a label if the seed is in containers, regardless of the quantity. [24 FR 3953, May 15, 1959, as amended at 85 FR 40580, July 7, 2020] § 201.34 Kind, variety, and type; treatment substances; designation as hybrid. (a) Indistinguishable seed and treatment substances. (b) Name of kind. (c) Hybrid designation. (d) Name of variety. (1) The variety name shall represent a subdivision of a kind, which is characterized by growth, plant, fruit, seed, or other characters by which it can be differentiated from other sorts of the same kind. (2) Except as otherwise provided in this section, the name of a new variety shall be the name given by the originator or discoverer of the variety, except that in the event the originator or discoverer of a new unnamed variety, at the time seed of the variety is first introduced into channels of commerce of the United States for sale to the public, cannot or chooses not to name the variety, the name of the variety shall be the first name under which the seed is introduced into such commerce. However, if the variety name so provided is in a language not using the Roman alphabet, the variety shall be given a name by the person authorized under this paragraph to name the variety, in a language using the Roman alphabet. (3) The variety name shall not be misleading. The same variety name shall not be assigned to more than one variety of the same kind of seed. (4) The status under the Federal Seed Act of a variety name is not modified by the registration of such name as a trademark. (5) Names of varieties which through broad general usage prior to July 28, 1956 were recognized variety names, except for hybrid seed corn, shall be considered variety names without regard to the principles stated in paragraph (d)(2) of this section. (6) The variety name for any variety of hybrid seed corn first introduced into commercial channels in the United States for sale prior to October 20, 1951, shall be any name used for such variety in such channels prior to that date. The variety name for any variety of hybrid seed corn first introduced into commercial channels in the United States for sale on or after October 20, 1951, shall be the name assigned in accordance with paragraphs (d)(1) through (4) of this section. (e) [Reserved] [20 FR 7928, Oct. 21, 1955] Editorial Note: For Federal Register www.govinfo.gov. § 201.35 Blank spaces. Blank spaces on the label shall be deemed to imply the word “None,” when such interpretation is reasonable. [5 FR 32, Jan. 4, 1940] § 201.36 The words “free” and “none.” The words “free” and “none” shall be construed to mean that none were found in a test complying with the methods set forth in §§ 201.45-201.52. [5 FR 32, Jan. 4, 1940] modifying statements § 201.36a Disclaimers and nonwarranties. A disclaimer, nonwarranty, or limited warranty used in any invoice or other labeling, or advertisement shall not directly or indirectly deny or modify any information required by the act or the regulations in this part. [15 FR 2394, Apr. 28, 1950] advertising § 201.36b Name of kind and variety; designation as hybrid. (a) The representation of the name of a kind or kind and variety of seed in any advertisement subject to the Act shall be confined to the name of the kind or kind and variety determined in accordance with § 201.34. The name shall not have associated therewith words or terms that create a misleading impression as to the history or characteristics of the kind or kind and variety. Descriptive terms and firm names may be used in kind or variety names provided the descriptive terms or firm names are a part of the name or variety of seed; for example, Stringless Green Pod, Detroit Dark Red, Black Seeded Simpson and Henderson Bush Lima. Seed shall not be designated as hybrid seed in any advertisement subject to the Act unless it comes within the definition of “hybrid” in § 201.2(y). (b) Terms descriptive as to color, shape, size, habit of growth, disease-resistance, or other characteristics of the kind or variety may be associated with the name of the kind or variety provided it is done in a manner which clearly indicates the descriptive term is not a part of the name of the kind or variety; for example, Oshkosh pepper (yellow), Copenhagen Market (round head) cabbage, and Kentucky Wonder (pole) garden bean. (c) Terms descriptive of quality or origin and terms descriptive of the basis for representations made may be associated with the name of the kind or variety: Provided, (d) Terms descriptive of the manner or method of production or processing the seed (for example, certified, registered, delinted, scarified, treated, and hulled), may be associated with the name of the kind or variety of seed, providing such terms are not misleading. (e) Brand names and terms taken from trademarks may be associated with the name of the kind or variety of seed as an indication of source: Provided, [21 FR 4652, June 27, 1956, as amended at 32 FR 12780, Sept. 6, 1967; 59 FR 64491, Dec. 14, 1994; 85 FR 40580, July 7, 2020] § 201.36c Hermetically-sealed containers. The 5-month limitation on the date of test in §§ 201.22 and 201.30a shall not apply when the following conditions have been met: (a) The seed was packaged within 9 months after harvest; (b) The container used does not allow water vapor penetration through any wall, including the seals, greater than 0.05 grams of water per 24 hours per 100 square inches of surface at 100 °F. with a relative humidity on one side of 90 percent and on the other side of 0 percent. Water vapor penetration or WVP is measured by the standards of the U.S. Bureau of Standards as: gm.H 2 (c) The seed in the container does not exceed the percentage of moisture, on a wet weight basis, as listed below: Agricultural seeds Percent Beet, field 7.5 Beet, sugar 7.5 Bluegrass, Kentucky 6.0 Clover, crimson 8.0 Fescue, red 8.0 Mustard, India 5.0 Ryegrass, annual 8.0 Ryegrass, perennial 8.0 All others 6.0 Vegetable seeds Percent Bean, garden 7.0 Bean, lima 7.0 Beet 7.5 Broccoli 5.0 Brussels sprouts 5.0 Cabbage 5.0 Cabbage, Chinese 5.0 Carrot 7.0 Cauliflower 5.0 Celeriac 7.0 Celery 7.0 Chard, Swiss 7.5 Chives 6.5 Collards 5.0 Corn, sweet 8.0 Cucumber 6.0 Eggplant 6.0 Kale 5.0 Kohlrabi 5.0 Leek 6.5 Lettuce 5.5 Melon 6.0 Mustard, India 5.0 Onion 6.5 Onion, Welsh 6.5 Parsley 6.5 Parsnip 6.0 Pea 7.0 Pepper 4.5 Pumpkin 6.0 Radish 5.0 Rutabaga 5.0 Spinach 8.0 Squash 6.0 Tomato 5.5 Turnip 5.0 Watermelon 6.5 All others 6.0 (d) The container is conspicuously labeled in not less than 8 point type to indicate (1) that the container is hermetically sealed, (2) that the seed has been preconditioned as to moisture content, and (3) the calendar month and year in which the germination test was completed. (e) The percentage of germination of vegetable seed at the time of packaging was equal to or above the standards in § 201.31. [32 FR 12780, Sept. 6, 1967, as amended at 59 FR 64491, Dec. 14, 1994] inspection § 201.37 Authorization. When authorized by the Administrator of the Agriculture Marketing Service, or by such other person as may be designated for the purpose, Federal employees and qualified State officials, for the purposes of the Act, may draw samples of, secure information and inspect records pertaining to, and otherwise inspect seeds and screenings subject to the Act. [15 FR 2394, Apr. 28, 1950, as amended at 59 FR 64492, Dec. 14, 1994; 85 FR 40580, July 7, 2020] § 201.38 [Reserved] sampling in the administration of the act § 201.39 General procedure. (a) In order to secure a representative sample, equal portions shall be taken from evenly distributed parts of the quantity of seed or screenings to be sampled. Access shall be had to all parts of that quantity. When more than one trierful of seed is drawn from a bag, different paths shall be followed. When more than one handful is taken from a bag, the handfuls shall be taken from well-separated points. (b) For free-flowing seed in bags or bulk, a probe or trier shall be used. For small free-flowing seed in bags a probe or trier long enough to sample all portions of the bag should be used. (c) Non-free-flowing seed, such as certain grass seed, uncleaned seed, or screenings, difficult to sample with a probe or trier, shall be sampled by thrusting the hand into the bulk and withdrawing representative portions. The hand is inserted in an open position and the fingers are held closely together while the hand is being inserted and the portion withdrawn. (d) As the seed or screenings are sampled, each portion shall be examined. If there appears to be a lack of uniformity, the portions shall not be combined into a composite sample but shall be retained as separate samples or combined to form individual-container samples to determine such lack of uniformity as may exist. (e) When the portions appear to be uniform, they shall be combined to form a composite sample. [5 FR 32, Jan. 4, 1940, as amended at 10 FR 9950, Aug. 11, 1945; 25 FR 8769, Sept. 13, 1960; 26 FR 10035, Oct. 26, 1961; 85 FR 40580, July 7, 2020] § 201.40 Bulk. Bulk seeds or screenings shall be sampled by inserting a long probe or thrusting the hand into the bulk as circumstances require in at least seven uniformly distributed parts of the quantity being sampled. At least as many trierfuls or handfuls shall be taken as the minimum which would be required for the same quantity of seed or screenings in bags of a size customarily used for such seed or screenings. [5 FR 32, Jan. 4, 1940, as amended at 26 FR 10035, Oct. 26, 1961] § 201.41 Bags. (a) For lots of six bags or fewer, each bag shall be sampled. A total of at least five trierfuls shall be taken. (b) For lots of more than six bags, five bags plus at least 10 percent of the number of bags in the lot shall be sampled. (Round off numbers with decimals to the nearest whole number, raising 0.5 to the next whole number.) Regardless of the lot size it is not necessary that more than 30 bags be sampled. (c) Samples shall be drawn from unopened bags except under circumstances where the identity of the seed has been preserved. [5 FR 32, Jan. 4, 1940, as amended at 26 FR 10035, Oct. 26, 1961; 76 FR 31794, June 2, 2011] § 201.42 Small containers. In sampling seed in small containers that it is not practical to sample as required in § 201.41, a portion of one unopened container or one or more entire unopened containers may be taken to supply a minimum size sample, as required in § 201.43. [30 FR 7888, June 18, 1965] § 201.43 Size of sample. The following are minimum sizes of samples of agricultural seed, vegetable seed and screenings to be submitted for analysis, test, or examination: (a) Two ounces (57 grams) of grass seed not otherwise mentioned, white or alsike clover, or seeds not larger than these. (b) Five ounces (142 grams) of red or crimson clover, alfalfa, lespedeza, ryegrass, bromegrass, millet, flax, rape, or seeds of similar size. (c) One pound (454 grams) of sudangrass, proso millet, hemp, or seeds of similar size. (d) Two pounds (907 grams) of cereals, sorghum, vetch, or seeds of similar or larger size. (e) Two quarts (2.2 liters) of screenings. (f) Vegetable seed samples shall consist of at least 400 seeds. (g) Coated seed for a purity analysis shall consist of at least 7,500 seed units. Coated seed for noxious-weed seed examination shall consist of at least 30,000 seed units. Coated seed for germination test only shall consist of at least 1,000 seed units. [10 FR 9950, Aug. 11, 1945, as amended at 15 FR 2394, Apr. 28, 1950; 59 FR 64492, Dec. 14, 1994] § 201.44 Forwarding samples. Before being forwarded for analysis, test, or examination, the containers of samples shall be properly sealed and identified in such manner as may be prescribed by AMS. Samples of coated seed shall be forwarded in firmly packed crush-proof and moisture-proof containers. [59 FR 64492, Dec. 14, 1994] purity analysis in the administration of the act § 201.45 Obtaining the working sample. (a) The working sample on which the actual analysis is made shall be taken from the submitted sample in such a manner that it will be representative. (b) The sample shall be repeatedly divided to the weight to be used for the working sample. Some form of efficient mechanical divider should be used. To avoid damaging large seeds and coated seeds, a divider should be used which will prevent the seeds from falling great distances onto hard surfaces. In case the proper mechanical divider cannot be used or is not available, the sample shall be thoroughly mixed and placed in a pile and the pile shall be repeatedly divided into halves until a sample of the desired weight remains. [5 FR 32, Jan. 4, 1940, as amended at 20 FR 7929, Oct. 21, 1955; 25 FR 8769, Sept. 13, 1960; 59 FR 64492, Dec. 14, 1994] § 201.46 Weight of working sample. (a) Unmixed seed. (b) Mixtures consisting of one predominant kind of seed or groups of kinds of similar size. The weights of the purity and noxious-weed seed working samples in this category shall be determined by the kind or group of kinds which comprise more than 50 percent of the sample. (c) Mixtures consisting of two or more kinds or groups of kinds of different sizes, none of which comprise over 50 percent of the sample. (d) Coated seed. (1) Unmixed coated seed. Due to variation in the weight of coating materials, the size or weight of the working sample shall be determined separately for each lot. The weight of the working sample shall be determined by weighing 100 completely coated units and calculating the weight of 2,500 coated units for the purity analysis and 25,000 coated units for the noxious-weed seed examination. (2) Mixtures of coated seed. The working weight shall be determined in the following manner: (i) Calculate the weight of the working sample to be used for the mixture under consideration as though the sample were not coated by following paragraph (b) or (c) of this section. (ii) Determine the amount of coating material on 100 coated units by weighing the coated units. Remove the coating material using the methods described in §§ 201.51b (c) and (d). Calculate the percentage of coating material using the following formulas: Weight of coating material = weight of 100 coated units − weight of 100 de-coated units; The percentage of coating material = weight of the coating material divided by the weight of 100 coated units × 100%. (iii) The weight of the working sample shall be the product of the weight calculated in paragraph (d)(2)(i) of this section multiplied by 100 percent, divided by 100 percent minus the percentage of coating material calculated in paragraph (d)(2)(ii) of this section. Table 1—Weight of Working Sample Name of seed Minimum weight for purity analysis (grams) Minimum weight for noxious-weed seed examination (grams) Approximate number of seeds per gram Agricultural Seed Agrotricum 65 500 39 Alfalfa 5 50 500 Alfilaria 5 50 440 Alyceclover 5 50 665 Bahiagrass: Var. Pensacola 5 50 600 All other vars. 7 50 365 Barley 100 500 30 Barrelclover 10 100 250 Bean: Adzuki 200 500 11 Field 500 500 4 Mung 100 500 24 Beet, field 50 500 55 Beet, sugar 50 500 55 Beggarweed, Florida 5 50 440 Bentgrass: Colonial 0.25 2.5 13,000 Creeping 0.25 2.5 13,515 Velvet 0.25 2.5 18,180 Bermudagrass 1 10 3,930 Bermudagrass, giant 1 10 2,950 Bluegrass: Annual 1 10 2,635 Bulbous 4 40 585 Canada 0.5 5 5,050 Glaucantha 1 10 Kentucky 1 10 3,060 Nevada 1 10 2,305 Rough 0.5 5 4,610 Texas 1 10 2,500 Wood 0.5 5 4,330 Bluejoint 0.5 5 8,461 Bluestem: Big 7 70 320 Little 5 50 525 Sand 10 100 215 Yellow 1 10 1,945 Bottlebrush-squirreltail 9 90 300 Brome: Field 5 50 465 Meadow 13 130 190 Mountain 20 200 140 Smooth 7 70 315 Broomcorn 40 400 60 Buckwheat 50 500 45 Buffalograss: (Burs) 20 200 110 (Caryopses) 3 30 740 Buffelgrass: (Fascicles) 6 66 365 (Caryopses) 2 20 1,940 Burclover, California: (in bur) 50 500 (out of bur) 7 70 375 Burclover, spotted (in bur) 50 500 50 (out of bur) 5 50 550 Burnet, little 25 250 110 Buttonclover 7 70 365 Camelina 4 40 880 Canarygrass 20 200 150 Canarygrass, reed 2 20 1,185 Carpetgrass 1 10 2,230 Castorbean 500 500 5 Chess, soft 5 50 555 Chickpea 500 500 2 Clover: Alsike 2 20 1,500 Arrowleaf 4 40 705 Berseem 5 50 455 Cluster 1 10 2,925 Crimson 10 100 330 Kenya 2 20 Ladino 2 20 1,935 Lappa 2 20 1,500 Large hop 1 10 5,435 Persian 2 20 1,415 Red 5 50 600 Rose 7 70 360 Small hop 2 20 1,950 Strawberry 5 50 635 Sub 25 250 120 White 2 20 1,500 Corn: Field 500 500 3 Pop 500 500 3 Cotton 300 500 8 Cowpea 300 500 8 Crambe 25 250 Crested dogtail 2 20 1,900 Crotalaria: Lance 7 70 375 Showy 25 250 80 Slenderleaf 10 100 205 Striped 10 100 215 Sunn 75 500 35 Crownvetch 10 100 305 Dallisgrass 4 40 620 Dichondra 5 50 470 Dropseed, sand 0.25 2.5 12,345 Emmer 100 500 25 Fescue: Chewings 3 30 900 Hair 1 10 Hard 2 20 1,305 Meadow 5 50 495 Red 3 30 900 Sheep 2 20 1,165 Tall 5 50 455 Flatpea 100 500 25 Flax 15 150 180 Foxtail, creeping 1.5 15 1,736 Foxtail, meadow 3 30 893 Galletagrass: (Other than caryopses) 10 100 260 (Caryopses) 5 50 580 Grama: Blue 2 20 1,595 Side-oats: (Other than caryopses) 6 60 350 (Caryopses) 2 20 1,605 Guar 75 500 35 Guineagrass 2 20 2,205 Hardinggrass 3 30 750 Hemp 50 500 45 Indiangrass, yellow 7 70 395 Indigo, hairy 7 70 435 Japanese lawngrass 2 20 1,325 Johnsongrass 10 100 265 Kenaf 50 500 Kochia, forage 2 20 1,070 Kudzu 25 250 80 Lentil 120 500 14-23 Lespedeza: Korean 5 50 525 Sericea 3 30 820 Siberian 3 30 820 Striate 5 50 750 Lovegrass, sand 1 10 3,585 Lovegrass, weeping 1 10 3,270 Lupine: Blue 500 500 7 White 500 500 7 Yellow 300 500 9 Manilagrass 2 20 Medic, black 5 50 585 Milkvetch 9 90 270 Millet: Browntop 8 80 315 Foxtail 5 50 480 Japanese 9 90 315 Pearl 15 150 180 Proso 15 150 185 Molassesgrass 0.5 5 7,750 Mustard: Black 2 20 1,255 India 5 50 625 White 15 150 160 Napiergrass 5 50 Needlegrass, green 7 70 370 Oat 75 500 35-50 Oatgrass, tall 6 60 417 Orchardgrass 3 30 945 Panicgrass, blue 2 20 1,370 Panicgrass, green 2 20 1,305 Pea, field 500 500 4 Peanut 500 500 1-3 Radish 30 300 75 Rape: Annual 7 70 345 Bird 7 70 425 Turnip 5 50 535 Winter 10 100 230 Redtop 0.25 2.5 10,695 Rescuegrass 20 200 115 Rhodesgrass 1 10 4,725 Rice 50 500 65 Ricegrass, Indian 7 70 355 Roughpea 75 500 40 Rye 75 500 40 Rye, mountain 28 280 90 Ryegrass: Annual 5 50 420 Intermediate 8 80 338 Perennial 5 50 530 Wimmera 5 50 Safflower 100 500 30 Sagewort, Louisiana 0.5 5 8,900 Sainfoin 50 500 50 Saltbush, fourwing 15 150 165 Sesame 7 70 360 Sesbania 25 250 105 Smilo 2 20 2,010 Sorghum 50 500 55 Sorghum almum 15 150 150 Sorghum-sudangrass 65 500 38 Sorgrass 1 15 150 135 Sourclover 5 50 660 Soybean 500 500 6-13 Spelt 100 500 25 Sudangrass 25 250 100 Sunflower 100 500 Sweetclover: White 5 50 570 Yellow 5 50 570 Sweet vernalgrass 2 20 1,600 Sweetvetch, northern 19 190 130 Switchgrass 4 40 570 Teff 1 10 3,288 Timothy 1 10 2,565 Timothy, turf 1 10 2,565 Tobacco 0.5 5 15,625 Trefoil: Big 2 20 1,945 Birdsfoot 3 30 815 Triticale 100 500 Vaseygrass 3 30 970 Veldtgrass 4 40 655 Velvetbean 500 500 2 Velvetgrass 1 10 3,360 Vetch: Common 150 500 19 Hairy 75 500 35 Hungarian 100 500 24 Monantha 100 500 Narrowleaf 50 500 60 Purple 100 500 22 Woollypod 100 500 25 Wheat: Common 100 500 25 Club 100 500 25 Durum 100 500 25 Polish 100 500 25 Poulard 100 500 25 Wheat × Agrotricum 65 500 38 Wheatgrass: Beardless 8 80 275 Fairway crested 4 40 685 Standard crested 5 50 425 Intermediate 15 150 175 Pubescent 15 150 180 Siberian 5 50 Slender 7 70 295 Streambank 10 50 370 Tall 15 150 165 Western 10 100 250 Wildrye: Basin 8 80 317 Canada 11 110 190 Russian 6 60 360 Vegetable Seed Artichoke 100 500 24 Asparagus 100 500 25 Asparagusbean 300 500 8 Bean: Garden 500 500 4 Lima 500 500 2 Runner 500 500 1 Beet 50 300 60 Broadbean 500 500 Broccoli 10 50 315 Brussels sprouts 10 50 315 Burdock, great 15 150 Cabbage 10 50 315 Cabbage, Chinese 5 50 635 Cabbage, tronchuda 10 100 Cardoon 100 500 Carrot 3 50 825 Cauliflower 10 50 315 Celeriac 1 25 2,520 Celery 1 25 2,520 Chard, Swiss 50 300 60 Chicory 3 50 940 Chives 5 50 Citron 200 500 11 Collards 10 50 315 Corn, sweet 500 500 Cornsalad: Vars. Fullhearted and Dark Green Fullhearted 5 50 All other vars 10 50 380 Cowpea 300 500 8 Cress: Garden 5 50 425 Upland 2 35 1,160 Water 1 25 5,170 Cucumber 75 500 40 Dandelion 2 35 1,240 Dill 3 50 800 Eggplant 10 50 230 Endive 3 50 940 Gherkin, West India 16 160 153 Kale 10 50 315 Kale, Chinese 10 50 Kale, Siberian 8 80 325 Kohlrabi 10 50 315 Leek 7 50 395 Lettuce 3 50 890 Melon 50 500 45 Mustard, India 5 50 625 Mustard, spinach 5 50 535 Okra 100 500 19 Onion 7 50 340 Onion, Welsh 10 50 Pak-choi 5 50 635 Parsley 5 50 650 Parsnip 5 50 430 Pea 500 500 3 Pepper 15 150 165 Pumpkin 500 500 5 Radish 30 300 75 Rhubarb 50 300 60 Rutabaga 5 50 430 Sage 25 150 120 Salsify 50 300 65 Savory, summer 2 35 1,750 Sorrel 2 35 1,080 Soybean 500 500 6-13 Spinach 25 150 100 Spinach, New Zealand 200 500 13 Squash 200 500 14 Tomato 5 50 405 Tomato, husk 2 35 1,240 Turnip 5 50 535 Watermelon 200 500 11 1 [25 FR 8769, Sept. 13, 1960, as amended at 30 FR 7888, June 18, 1965; 32 FR 12780, Sept. 6, 1967; 35 FR 6108, Apr. 15, 1970; 41 FR 20156, May 17, 1976; 46 FR 53635, Oct. 29, 1981; 59 FR 64492, Dec. 14, 1994; 65 FR 1707, Jan. 11, 2000; 85 FR 40580, July 7, 2020] § 201.47 Separation. (a) The working sample shall be weighed in grams to four significant figures and shall then be separated into four parts: (1) Kind or variety to be considered pure seed, (2) other crop seed, (3) weed seed, and (4) inert matter. The components shall be weighed in grams to the same number of decimal places as the working sample. The percentage of each part shall be determined to two decimal places. (b) Aids for the classification of pure seed, other crop seed, weed seed, and inert matter may include visual examination, use of transmitted light (diaphanoscope), or specific gravity (seed blowers). Specific instructions for classification of the various components are given in §§ 201.47a to 201.51, inclusive. (c) The components shall be weighed and percentages calculated as follows: (1) For sample sizes less than 25 grams, all four components shall be weighed; the percentages shall be based on the sum of these weights and not on the original weight. The sum of these weights shall be compared with the original weight of the working sample as a check against the loss of material, or other errors. (2) For sample sizes of 25 grams or more, the components—other crop seed, weed seed, and inert matter—shall be weighed separately and their percentages determined by dividing these weights by the original weight of the working sample. The pure seed need not be weighed; its percentage may be determined by subtracting the sum of the percentages of the other three components from 100. (3) When rounding off the calculated percentages of each component to the second decimal place, round down if the third decimal place is 4 or less and round up if the third decimal place is 5 or more, except that if any component is determined to be present in any amount calculated to be less than 0.015 percent, then that component shall be reported as 0.01 percent. If any component is not found in the purity analysis, then that component shall be reported as 0.00 percent. (4) The total percentage of all components shall be 100.00 percent. If the total does not equal 100.00 percent (e.g. 99.99 percent or 100.01 percent), then add to or subtract from the component with the largest value (usually the pure seed component). (d) When the working sample consists of two or more similar kinds or varieties which would be difficult to separate in the entire sample, it is permissible to weigh the similar kinds or varieties together as one component and make the separation on a reduced portion of the sample. At least 400 seeds or an equivalent weight shall be taken indiscriminately from the pure seed component and the separation made on this portion. The proportion of each kind present shall then be determined by weight and from this the percentage in the entire sample shall be calculated. (e) The Uniform Blowing Procedure described in § 201.51a(a) shall be used for the separation of pure seed and inert matter in seeds of Kentucky bluegrass, Canada bluegrass, rough bluegrass, Pensacola variety of bahiagrass, orchardgrass, side-oats grama, and blue grama. (f) Procedures for purity analysis for coated seed are given in § 201.51b. [25 FR 8770, Sept. 13, 1960, as amended at 30 FR 7890, June 18, 1965; 46 FR 53635, Oct. 29, 1981; 59 FR 64497, Dec. 14, 1994; 65 FR 1707, Jan. 11, 2000] § 201.47a Seed unit. The seed unit is the structure usually regarded as a seed in planting practices and in commercial channels. The seed unit may consist of one or more of the following structures: (a) True seeds; (b) For the grass family: (1) Caryopses and single florets; (2) Multiple florets and spikelets in tall oatgrass (Arrhenatherum elatius), oat (Avena spp.), gramas (Bouteloua spp.), rhodesgrass (Chloris gayana), barley (Hordeum vulgare), and bluegrass (Poa spp.); (3) Entire spikelets in bahiagrass, bentgrasses, dallisgrass, guineagrass, browntop millet, foxtail millet, proso millet, panicgrasses, redtop, rice, switchgrass, and vaseygrass. Entire spikelets which may have attached rachis segments, pedicels, and sterile spikelets in big bluestem, little bluestem, sand bluestem, yellow bluestem, bottlebrush-squirreltail, broomcorn, yellow indiangrass, johnsongrass, sorghum, sorghum- sudangrass, sorghum almum, sorgrass, and sudangrass; (4) Spikelet groups: (i) Spikelet groups that disarticulate as a unit in galletagrass; (ii) Spikelet groups that disarticulate as units with attached rachis and internodes in bluestems, side-oats grama, and yellow indiangrass; (5) Fascicles of buffelgrass (Cenchrus ciliaris) consisting of bristles and spikelets; (6) Burs of buffalograss (Bouteloua dactyloides); (7) Bulblets of bulbous bluegrass (Poa bulbosa); (8) Multiple units as defined in § 201.51a(b)(1). (c) Dry indehiscent fruits in the following plant families: Buckwheat (Polygonaceae), sunflower (Asteraceae), geranium (Geraniaceae), goosefoot (Chenopodiaceae), and valerian (Valerianaceae); (d) One- and two-seeded pods of small-seeded legumes (Fabaceae), burs of the burclovers (Medicago arabica, M. polymorpha), and pods of peanuts (Arachis hypogaea). (This does not preclude the shelling of small-seeded legumes for purposes of identification.) Pods of legumes normally containing more than two seeds, when occurring incidentally in the working sample, should be hulled if the kind is hulled when marketed; (e) Fruits or half fruits in the carrot family (Apiaceae); (f) Nutlets in the following plant families: Borage (Boraginaceae), mint (Lamiaceae), and vervain (Verbenaceae); (g) “Seed balls” or portions thereof in multigerm beets, and fruits with accessory structures such as occur in other Chenopodiaceae and New Zealand spinach. For forage kochia refer to § 201.48(j) and § 201.51(a)(7). [46 FR 53636, Oct. 29, 1981, as amended at 59 FR 64497, Dec. 14, 1994; 65 FR 1707, Jan. 11, 2000; 85 FR 40581, July 7, 2020] § 201.47b Working samples. The purity working sample is the sample on which the purity analysis is made. The noxious-weed seed working sample is the sample on which the noxious-weed seed examination is made. [20 FR 7930, Oct. 21, 1955] § 201.48 Kind or variety considered pure seed. The pure seed shall include all seeds of each kind or each kind and variety under consideration present in excess of 5 percent by weight of the whole. Seeds of kinds or kinds and varieties present to the extent of 5 percent or less of the whole may be considered pure seed if shown on the label as components of a mixture in amounts of 5 percent or less. The following shall be included with the pure seed: (a) Immature or shriveled seeds and seeds that are cracked or injured. For seeds of legumes (Fabaceae) and crucifers (Brassicaceae) with the seed coats entirely removed refer to § 201.51(a)(1); (b) Pieces of seeds which are larger than one-half of the original size. For separated cotyledons of legume seeds refer to § 201.51(a)(2); (c) Insect-damaged seeds, provided that the damage is entirely internal, or that the opening in the seed coat is not sufficiently large so as to allow the size of the remaining mass of tissue to be readily determined. Weevil-infested vetch seeds, irrespective of the amount of insect damage, are to be considered pure seed, unless they are broken pieces one-half or less than the original size. For classification of broken pieces of seed units one-half or less than the original size, refer to § 201.51(a)(2). Refer to § 201.51(a)(3) for chalcid-damaged seeds; (d) Seeds that have started to germinate; (e) Seeds of the cucurbit family (Cucurbitaceae) and the nightshade family (Solanaceae) whether they are filled or empty; (f) Intact fruits, whether or not they contain seed, of species belonging to the following families: Sunflower (Asteraceae), buckwheat (Polygonaceae), carrot (Apiaceae), valerian (Valerianaceae), mint (Laminaceae) and other families in which the seed unit may be a dry, indehiscent one-seeded fruit. For visibly empty fruits, refer to inert matter, § 201.51(a)(6); (g) Seed units of the grass family listed in § 201.47a(b) (1) through (5) if a caryopsis with some degree of endosperm development can be detected in the units, either by slight pressure or by examination over light. Seed units of smooth brome, fairway crested wheatgrass, standard crested wheatgrass, tall wheatgrass, intermediate wheatgrass, pubescent wheatgrass, western wheatgrass, fescues ( Festuca Lolium (1) Intact burs of buffalograss ( Bouteloua dactyloides (2) The Uniform Blowing Procedure described in § 201.51a(a) shall be used to determine classification of florets into pure seed or inert matter for Kentucky bluegrass, Canada bluegrass, rough bluegrass, Pensacola variety of bahiagrass, side-oats grama, blue grama, and orchardgrass. (3) Special purity procedures for smooth brome, fairway crested wheatgrass, standard crested wheatgrass, intermediate wheatgrass, pubescent wheatgrass, tall wheatgrass, and western wheatgrass are listed in § 201.51a(b). (4) For methods of determining pure seed percentages of annual and perennial ryegrass, refer to §§ 201.58(b)(10) and 201.58a(a). (h) Seed units with nematode galls, fungal bodies (i.e. ergot, other sclerotia, and smut) and spongy or corky caryopses that are entirely enclosed within the seed unit. Refer to § 201.51(c)(1) for inert matter classification. (i) Seed units of beet and other Chenopodiaceae, and New Zealand spinach. Refer to § 201.47a(g) and § 201.51(a)(6) for definitions of seed units and inert matter, respectively. (j) Seed units of forage kochia that are retained on a 1 mm opening square-hole sieve, when shaken for 30 seconds. For inert matter, refer to § 201.51(a)(7). [46 FR 53636, Oct. 29, 1981, as amended at 59 FR 64497, Dec. 14, 1994; 76 FR 31794, June 2, 2011; 85 FR 40581, July 7, 2020] § 201.49 Other crop seed. (a) Seeds of plants grown as crops (other than the kind(s) and variety(ies) included in the pure seed) shall be considered other crop seeds, unless recognized as weed seeds by applicable laws, or regulations, or by general usage. All interpretations and definitions for “pure seed” in § 201.48 shall also apply in determining whether seeds are “other crop seed” or “inert matter” with the following two exceptions which may be applied as acceptable alternatives: (1) Uniform Blowing Procedure in § 201.51a(a) for kinds listed in § 201.47(e) may be disregarded. If disregarded, all seed units (as defined in § 201.47a) for these kinds found in the working sample shall be manually separated into pure seed and inert matter. Only units containing at least one caryopsis with some degree of endosperm development which can be detected either by slight pressure or by examination over light are considered other crop seed. (2) Multiple Unit Procedure in § 201.51a(b) for kinds listed in § 201.48(g)(3) may be disregarded. If disregarded, all multiple units and single units (as defined in § 201.51a(b)) for these kinds found in the working sample shall be manually separated into single florets. Each floret containing a caryopsis with some degree of endosperm development, which can be detected either by slight pressure or examination over light, is considered other crop seed. Empty florets and glumes, if present, are considered inert matter. Refer to § 201.51(a)(4). (b) [Reserved] [59 FR 64498, Dec. 14, 1994; 60 FR 2493, Jan. 10, 1995] § 201.50 Weed seed. Seeds (including bulblets or tubers) of plants shall be considered weed seeds when recognized as weed seeds by the law or rules and regulations of the State into which the seed is offered for transportation or transported; or by the law or rules and regulations of Puerto Rico, Guam, or District of Columbia into which transported, or District of Columbia in which sold; or found by the Secretary of Agriculture to be detrimental to the agricultural interests of the United States, or any part thereof. Damaged weed seeds and immature seedlike structures, as described in § 201.51(b), shall be considered inert matter. Weed seeds, as defined above in this section, requiring further separation into weed seed and inert matter components are as follows: (a) The individual seeds are to be removed from fruiting structures such as pods and heads. The seeds are classified as weed seed and the remaining fruiting structures classified as inert matter. (b) Wild onion and wild garlic ( Allium 1/13 Allium [46 FR 53636, Oct. 29, 1981, as amended at 59 FR 64498, Dec. 14, 1994; 65 FR 1707, Jan. 11, 2000] § 201.51 Inert matter. Inert matter shall include seeds and seed-like structures from both crop and weed plants and other material not seeds as follows: (a) Seeds and seed-like structures from crop plants: (1) Seeds of legumes (Fabaceae) and brassica (Brassicaceae) with the seed coats entirely removed. Refer to § 210.48(a) for pure seed classification. (2) Pieces of broken and damaged seed units, including those that are insect damaged, which are one-half the original size or less. If greater than one-half, refer to § 201.48(b) and (c) for pure seed classification. Also included as inert matter are separated cotyledons of legumes, irrespective of whether or not the radicle-plumule axis and/or more than one-half of the seed coat may be attached. (3) Chalcid-damaged seeds (puffy, soft, or dry and crumbly) of alfalfa, red clover, crimson clover, and similar kinds of small seeded legumes. Refer to § 201.48(c) for pure seed classification. (4) Glumes and empty florets except as stated under pure seed. Refer to § 201.48 (g) and (h) for pure seed classification. (5) Seed units with nematode galls or fungal bodies (smut, ergot, and other sclerotia) that are not entirely enclosed within the seed unit. Refer to § 201.48(h) for pure seed classification. (6) Broken seed units of Chenopodiaceae and fruit portions or fragments of monogerm beets, New Zealand spinach, buffalograss, and families in which the seed unit is a dry indehiscent one-seeded fruit that visibly do not contain a seed. Refer to § 201.48 (f), (g)(1), (i), and (j) for pure seed classification. (7) Seed units of forage kochia that pass through a 1 mm opening, square-hole sieve, when shaken for 30 seconds. (8) The thin pericarp (fruit wall), if present on seeds of northern sweetvetch. (9) Immature florets of smooth brome, fairway crested wheatgrass, standard crested wheatgrass, tall wheatgrass, intermediate wheatgrass, pubescent wheatgrass, western wheatgrass, fescues ( Festuca Lolium (b) Seeds and seed-like structures from weed plants, which by visual examination (including the use of light or dissection), can be determined to be within the following categories: (1) Damaged seed (other than grasses) with over one-half of the embryo missing. (2) Grass florets and caryopses classed as inert: (i) Glumes and empty florets of weedy grasses; (ii) Damaged grass caryopses, including free caryopses, with over one-half the root-shoot axis missing (the scutellum excluded); (iii) Immature free caryopses devoid of embryo and/or endosperm; (iv) Immature florets of quackgrass (Elymus repens) in which the caryopses are less than one-third the length of the palea. The caryopsis is measured from the base of the rachilla; (v) Free caryopses of quackgrass (E. repens) that are 2 mm or less in length. (3) Seeds of legumes and species of Brassica with the seed coats entirely removed. (4) Immature seed units, devoid of both embryo and endosperm, such as occur in but not limited to the following plant families: Sedge (Cyperaceae), buckwheat (Polygonaceae), morning glory (Convolvulaceae), nightshade (Solanaceae), puncturevine (Zygophyllaceae) and sunflower (Asteraceae). Cocklebur (Xanthium spp.) burs are to be dissected to determine whether or not seeds are present. (5) Wild onion and wild garlic (Allium spp.) bulblets: (i) Bulblets which are completely devoid of the husk and pass through a 1/13th-inch, round-hole sieve. (ii) Bulblets which show evident damage to the basal end, whether husk is present or absent. Refer to § 201.50(c) for wild onion and wild garlic (Allium spp.) bulblets classed as weed seeds. (6) Dodder (Cuscuta spp.): Seeds devoid of embryos and seeds which are ashy gray to creamy white in color are inert matter. Seeds should be sectioned when necessary to determine if an embryo is present as when seeds have a normal color but are slightly swollen, dimpled or have minute holes. (7) Buckhorn (Plantago lanceolata): Black seeds, with no brown color evident, whether shriveled or plump; the color of questionable seeds shall be determined by use of a stereoscopic microscope with magnification of approximately 10 × and a fluorescent lamp with two 15-watt daylight-type tubes. (8) Ragweed (Ambrosia spp.): Seed with both the involucre and pericarp absent. (c) Other matter that is not seed: (1) Free nematode galls or fungal bodies such as smut, ergot, and other sclerotia. (2) Soil particles, sand, stone, chaff, stems, leaves, flowers, loose coating material, and any other foreign material. (3) Coating material removed from coated seed by washing. Refer to § 201.51b(c). [46 FR 53637, Oct. 29, 1981; 46 FR 58059, Nov. 30, 1981, as amended at 59 FR 64498, Dec. 14, 1994; 65 FR 1707, Jan. 11, 2000; 76 FR 31794, June 2, 2011; 85 FR 40581, July 7, 2020] § 201.51a Special procedures for purity analysis. (a) The laboratory analyst shall use the Uniform Blowing Procedure described in this paragraph to separate pure seed and inert matter in the following: Kentucky bluegrass, Canada bluegrass, rough bluegrass, Pensacola variety of bahiagrass, orchardgrass, blue grama, and side-oats grama. (1) Separation of mixtures. (2) Calibration samples. (3) Blowing point. (i) Refer to the specifications on the calibration samples for Kentucky bluegrass, orchardgrass, and Pensacola variety of bahiagrass to determine their appropriate blowing points for the Uniform Blowing Procedure. (ii) Use the calibration sample for Kentucky bluegrass to determine the blowing points for Canada bluegrass, rough bluegrass, blue grama, and side-oats grama. (A) The blowing point for Canada bluegrass shall be the same as the blowing point determined for Kentucky bluegrass. (B) The blowing point for rough bluegrass shall be a factor of 0.82 (82 percent) of the blowing point determined for Kentucky bluegrass. The 0.82 factor is restricted to the General-type seed blower. (C) The blowing point for blue grama shall be a factor of 1.157 of the blowing point determined for Kentucky bluegrass. Before blowing, extraneous material that will interfere with the blowing process shall be removed. The sample to be blown shall be divided into four approximately equal parts and each blown separately. The 1.157 factor is restricted to the General-type seed blower. (D) The blowing point for side-oats grama shall be a factor of 1.480 of the blowing point determined for Kentucky bluegrass. Before blowing, extraneous material that will interfere with the blowing process shall be removed. The sample to be blown shall be divided into four approximately equal parts and each part blown separately. The 1.480 factor is restricted to the General-type seed blower. (4) Blower calibration. (i) Determine the blowing point using a calibrated anemometer. (ii) Position the anemometer fan precisely over the blower opening, set it at meters per second (iii) Use this anemometer reading to determine the blower gate setting whenever the Uniform Blowing Procedure is required. (5) Pure seed and inert matter. (b) The Multiple Unit Procedure of determining the pure seed fraction shall be used only for the kinds included in the following table when multiple units are present in a sample. These methods are applicable to the kinds listed when they occur in mixtures or singly. Any single unit without attached structures, as described below, shall be considered a single unit. Multiple units and single units for the kinds listed shall remain intact. The attached glumes and fertile or sterile florets shall not be removed from the fertile floret. (1) A multiple unit is a seed unit that includes one or more structures as follows (the length of the awn shall be disregarded when determining the length of a fertile floret or an attached structure): (i) An attached sterile or fertile floret that extends to or beyond the tip of a fertile floret; (ii) A fertile floret with basally attached glume, glumes, or basally attached sterile floret of any length; (iii) A fertile floret with two or more attached sterile and/or fertile florets of any length. (2) Procedure for determination of multiple units: (i) For the single kind: determine the percentage of single units present, based on the total weight of single units and multiple units. Apply the appropriate factor, as determined from the following table, to the weight of the multiple units and add that portion of the multiple unit weight to the weight of the single units. The remaining multiple unit weight shall be added to the weight of the inert matter. (ii) For mixtures that include one or more of the kinds in the following table, determine the percentage of single units, based on the total weight of single units and multiple units, for each kind. Apply the appropriate factor as determined from the following table, to the weight of multiple units of each kind. Table of Factors To Apply to Multiple Units a Percent of Crested b Pubescent Intermediate Tall c Western c Smooth 50 or below 70 66 72 72 50.01-55.00 72 67 74 74 55.01-60.00 73 67 75 75 60.01-65.00 74 67 76 76 65.01-70.00 75 68 77 60 78 70.01-75.00 76 68 78 66 79 75.01-80.00 77 69 79 50 67 81 80.01-85.00 78 69 80 55 68 82 85.01-90.00 79 69 81 65 70 83 90.01-100.00 79 70 82 70 74 85 a b c [59 FR 64498, Dec. 14, 1994, as amended at 85 FR 40581, July 7, 2020] § 201.51b Purity procedures for coated seed. (a) The working sample for coated seed is obtained as described in § 201.46(d) (1) and (2), and weighed in grams to four significant figures. (b) Any loose coating material shall be sieved, weighed, and included with the inert matter component. (c) Coating material is removed from the seed by washing with water or other solvents such as, but not limited to, dilute sodium hydroxide (NaOH). Use of fine mesh sieves is recommended for this procedure, and stirring or shaking the coated units may be necessary to obtain de-coated seed. (d) Spread de-coated seed on blotters or filter paper in a shallow container. Air dry overnight at room temperature. (e) Separation of component parts: (1) Kind or variety considered pure seed. (2) Other crop seed. (3) Inert matter. (4) Weed seed. (f) The de-coated seed shall be separated into four components in accordance with §§ 201.48 through 201.51. §§ 201.51a (a) and (b) shall not be followed. The weight of the coating material is determined by subtracting the sum of the weights of the other four components from the original weight of the working sample. The percentage of coating material shall be included with the inert matter percentage. Calculate percentages of all components based on the original weight of the working sample (see paragraph (a) of this section). [59 FR 64499, Dec. 14, 1994] § 201.52 Noxious-weed seeds. (a) The determination of the number of seeds, bulblets, or tubers of individual noxious weeds present per unit weight should be made on at least the minimum quantities listed in § 201.46 Table 1: Provided, 1/2 Cenchrus Xanthium Cuscuta (b) A noxious-weed seed examination of coated seed samples shall be made by examining approximately 25,000 units obtained in accordance with § 201.46(d) and which have been de-coated by the method described in § 201.51b(c). [59 FR 64499, Dec. 14, 1994] germination tests in the administration of the act § 201.53 Source of seeds for germination. (a) When both purity and germination tests are required, seeds for germination shall be taken from the separation of the kind, variety, or type considered pure seed and shall be counted without discrimination as to size or appearance. (b) When only a germination test is required and the pure seed is estimated or determined to be at least 98 percent, the pure seed for the germination test may be taken indiscriminately from a representative portion of the bulk. (c) When only a germination test is required and the pure seed is found to be less than 98 percent, the seed for the test shall be obtained by separating the sample into two components as follows: (1) Pure seed and (2) other crop seed, weed seed, and inert matter. In making this separation at least 1/4 [10 FR 9952, Aug. 11, 1945, as amended at 20 FR 7931, Oct. 21, 1955] § 201.54 Number of seeds for germination. At least 400 seeds shall be tested for germination; except that in mixtures, 200 seeds of each of those kinds present to the extent of 15 percent or less may be used in lieu of 400, in which case an additional 2 percent is to be added to the regular germination tolerances. The seeds shall be tested in replicate tests of 100 seeds or less. [59 FR 64500, Dec. 14, 1994] § 201.55 Retests. Retests shall be made as follows: (a) When the range of 100-seed replicates of a given test exceeds the maximum tolerated range in the table appearing in this section. Table of Maximum Tolerated Ranges Between 100-Seed Replicates for Use in Connection With § 201.55(A) Average percent germinations Maximum allowed 4 2 99 2 5 98 3 6 97 4 7 6 96 5 8 6 95 6 9 7 94 7 10 8 93 8 10 8 92 9 11 9 91 10 11 9 90 11 12 9 89 12 12 10 88 13 13 10 87 14 13 11 86 15 14 11 85 16 14 11 84 17 14 11 83 18 15 12 82 19 15 12 81 20 15 12 80 21 16 13 79 22 16 13 78 23 16 13 77 24 17 13 76 25 17 13 75 26 17 14 74 27 17 14 73 28 17 14 72 29 18 14 71 30 18 14 70 31 18 14 69 32 18 14 68 33 18 15 67 34 18 15 66 35 19 15 65 36 19 15 64 37 19 15 63 38 19 15 62 38 19 15 61 40 19 15 60 41 19 15 59 42 19 15 58 43 19 15 57 44 19 15 56 45 19 15 55 46 20 15 54 47 20 16 53 48 20 16 52 48 20 16 51 50 20 16 (b) When at the time of the prescribed final count there are indications, such as presence of firm ungerminated seeds, that a satisfactory germination has not been obtained; (c) When there is evidence that the results may not be reliable due to improper test conditions, errors in seedling evaluation, the presence of fungi or bacteria, or inaccuracies in counting or recording results; (d) When a sample shows seedling injury or abnormality as a result of chemical treatment, of exposure to chemicals, or of toxicity from any source. (Retest shall be made in soil or a mixture of soil and sand); (e) When no two satisfactory tests are within tolerance. Note to § 201.55: To find the maximum tolerated range, compute the average percentage of all 100 seed replicates of a given test, rounding off the result to the nearest whole number. The germination is found in the first two columns of the table. When the differences between highest and lowest replicates do not exceed the corresponding values found in the “4 replicates” column, no additional testing is required. However, if the differences exceed the values in the “4 replicates” column, retesting is necessary. [25 FR 8771, Sept. 13, 1960, as amended at 65 FR 1707, Jan. 11, 2000] § 201.55a Moisture and aeration of substratum. (a) The substratum must be moist enough to supply the needed moisture to the seeds at all times. Excessive moisture which will restrict aeration of the seeds should be avoided. Except as provided for those kinds of seeds requiring high moisture levels of the germination media, the substrata should never be so wet that a film of water is formed around the seeds. For most kinds of seeds blotters or other paper substrata should not be so wet that by pressing, a film of water forms around the finger. (b) The following formula may be used as a guide in the preparation of sand for germination tests: [118.3 cc. (1 gill) sand/Its weight in grams] × 20.2−8.0 = The number of cc. of water to add to each 100 grams of air-dry sand. (c) The amount of water provided by this formula is satisfactory for seeds the size of clovers and will have to be modified slightly, depending on the kind of seed being tested and the kind of sand used. For example, slightly more moisture should be added when the larger seeds are to be tested. (d) In preparing soil tests water should be added to the soil until it can be formed into a ball when squeezed in the palm of the hand but will break freely when pressed between two fingers. After the soil has been moistened it should be rubbed through a sieve and put in the seed containers without packing. (e) The addition of water subsequent to placing the seed in test will depend on the evaporation from the substrata in the germination chambers. Since the rate of evaporation will depend upon the relative humidity of the air, it is desirable to keep water in the germination chambers or to provide other means of supplying a relative humidity of approximately 95 percent. Germination tests should be observed at frequent intervals to insure an adequate moisture supply of the substrata at all times. [20 FR 7931, Oct. 21, 1955] § 201.56 Interpretation. (a) A seed shall be considered to have germinated when it has developed those essential structures which, for the kind of seed under consideration, are indicative of its ability to produce a normal plant under favorable conditions. In general, the following are considered to be essential structures necessary for the continued development of the seedling (although some structures may not be visible in all kinds at the time of seedling evaluation). Seedlings possessing these essential structures are referred to as normal seedlings: Root system (consisting of primary, secondary, seminal, or adventitious roots); hypocotyl; epicotyl; cotyledon(s); terminal bud; primary leaves; and coleoptile and mesocotyl (in the grass family). Abnormal seedlings consist of those with defects to these structures, as described in the abnormal seedling descriptions, and are judged to be incapable of continued growth. The seedling descriptions assume that test conditions were adequate to allow proper assessment of the essential seedling structures. (b) Sand and/or soil tests may be used as a guide in determining the classification of questionable seedlings and the evaluation of germination tests made on approved artificial media. This is intended to provide a method of checking the reliability of tests made on artificial substrata when there may be doubt as to the proper evaluation of such tests. (c) Seedlings infected with fungi or bacteria should be regarded as normal if all essential structures are present. A seedling that has been seriously damaged by bacteria or fungi from any source other than the specific seed should be regarded as normal if it is determined that all essential structures were present before the injury or damage occurred. Germination counts should be made on samples where contamination and decay are present at approximately 2-day intervals between the usual first count and the final count. During the progress of the germination test, seeds which are obviously dead and moldy and which may be a source of contamination of healthy seeds should be removed at each count and the number of such dead seeds should be recorded. When symptoms of certain diseases develop which can be readily recognized and identified, their presence should be noted. (d) Seed units containing more than one seed or embryo, such as New Zealand spinach seed, Beta seed, double fruits of the carrot family (Apiaceae), multiple seeds of burnet, and seed units of grasses consisting of multiple florets, shall be tested as a single seed and shall be regarded as having germinated if they produce one or more normal seedlings. (e) Standard guides for seedling interpretation shall include the following descriptions for specific kinds and groups. The “General Description” for each group of crop kinds describes a seedling without defects. While such a seedling is clearly normal, seedlings with some defects may also be classified as normal, provided the defects do not impair the functioning of the structure. The “Abnormal seedling description” is to be followed when judging the severity of defects. [20 FR 7931, Oct. 21, 1955, as amended at 25 FR 8771, Sept. 13, 1960; 59 FR 64500, Dec. 14, 1994; 85 FR 40582, July 7, 2020] § 201.56-1 Goosefoot family, Chenopodiaceae, and Carpetweed family, Aizoaceae. Kinds of seed: Beet, Swiss chard, fourwing saltbush, spinach, New Zealand spinach, and forage kochia. (a) General description. (1) Germination habit: Epigeal dicot. (2) Food reserves: Leaf-like cotyledons and perisperm. (3) Shoot system: The hypocotyl elongates carrying the cotyledons above the soil surface. The epicotyl usually does not show any development within the test period. (4) Root system: A primary root; secondary roots may develop within the test period. (5) Seedling: Frequent counts should be made on multigerm beet since the growing seedlings will separate from the cluster making it difficult to identify the source. Any cluster which produces at least one normal seedling is classified as normal; only one normal seedling per cluster is to be counted (see § 201.56(d)). Toxic substances from the clusters of beet and Swiss chard may cause discoloring of the hypocotyl and/or root. Seedlings which are slightly discolored are to be classified as normal; however, if there is excessive discoloration, retest by the method in § 201.58(b)(3). (b) Abnormal seedling description. (1) Cotyledons: (i) Less than half of the original cotyledon tissue remaining attached. (ii) Less than half of the original cotyledon tissue free of necrosis or decay. (2) Epicotyl: (i) Missing. (May be assumed to be present if cotyledons are intact.) (ii) [Reserved] (3) Hypocotyl: (i) Deep open cracks extending into the conducting tissue. (ii) Malformed, such as markedly shortened, curled, or thickened. (iii) Watery. (4) Root: (i) None. (ii) Weak, stubby, or missing primary root with weak secondary or adventitious roots. (iii) For discolored roots of beet and Swiss chard, see § 201.58(b)(3). (5) Seedling: (i) One or more essential structures impaired as a result of decay from primary infection. (For discolored seedlings of beet and Swiss chard, see § 201.58(b)(3).) (ii) Albino. [59 FR 64500, Dec. 14, 1994] § 201.56-2 Sunflower family, Asteraceae (Compositae). Kinds of seed: Artichoke, cardoon, chicory, dandelion, endive, great burdock, lettuce, safflower, salsify, Louisiana sagewort, and sunflower. (a) Lettuce. (1) General description. (i) Germination habit: Epigeal dicot. (ii) Food reserves: Cotyledons which expand and become thin, leaf-like, and photosynthetic. The cotyledons of some varieties develop elongated petioles. (iii) Shoot system: The hypocotyl elongates and carries the cotyledons above the soil surface. The epicotyl usually does not show any development within the test period. (iv) Root system: A long primary root. (v) Seedling: The interpretations of lettuce seedlings are made only at the end of the test period. (2) Abnormal seedling description. (i) Cotyledons: (A) Less than half of the original cotyledon tissue remaining attached. (B) Less than half of the original cotyledon tissue free of necrosis or decay. (Remove attached seed coat for evaluation of cotyledons. Physiological necrosis is manifested by discolored areas on the cotyledons and should not be confused with natural pigmentation of some lettuce varieties.) (ii) Epicotyl: (A) Missing. (May be assumed to be present if cotyledons are intact.) (B) Any degree of necrosis or decay. (iii) Hypocotyl: (A) Deep open cracks extending into the conducting tissue. (B) Severely twisted or grainy. (C) Watery. (iv) Root: (A) Stubby or missing primary root. (Secondary roots will not compensate for a defective primary root.) (B) Primary root tip blunt, swollen, or discolored. (Toxic materials in the substratum may cause short, blunt roots; see § 201.58(a)(9).) (C) Primary root with splits or lesions. (v) Seedling: (A) Swollen cotyledons associated with extremely short or vestigial hypocotyl and root. (B) One or more essential structures impaired as a result of decay from primary infection. (C) Albino. (b) Other kinds in the sunflower family: Artichoke, cardoon, chicory, dandelion, endive, great burdock, safflower, salsify, Louisiana sagewort, and sunflower. (1) General description. (i) Germination habit: Epigeal dicot. (ii) Food reserves: Cotyledons which expand and become thin, leaf-like, and photosynthetic. (iii) Shoot system: The hypocotyl elongates and carries the cotyledons above the soil surface. The epicotyl usually does not show any development within the test period. (iv) Root system: A long primary root with secondary roots usually developing within the test period. (2) Abnormal seedling description. (i) Cotyledons: (A) Less than half of the original cotyledon tissue remaining attached. (B) Less than half of the original cotyledon tissue free of necrosis or decay. (Remove any attached seed coats at the end of the test period for evaluation of cotyledons.) (ii) Epicotyl: (A) Missing. (May be assumed to be present if cotyledons are intact.) (B) [Reserved] (iii) Hypocotyl: (A) Deep open cracks extending into the conducting tissue. (B) Malformed, such as markedly shortened, curled, or thickened. (C) Watery. (iv) Root: (A) None. (B) Weak, stubby, or missing primary root with weak secondary or adventitious roots. (Seedlings with roots bound within tough seed coats should be left in the test until the final count to allow for development.) (v) Seedling: (A) One or more essential structures impaired as a result of decay from primary infection. (B) Albino. [59 FR 64500, Dec. 14, 1994] § 201.56-3 Mustard family, Brassicaceae (Cruciferae). Kinds of seed: Broccoli, brussels sprouts, cabbage, Chinese cabbage, cauliflower, collards, garden cress, upland cress, water cress, kale, Chinese kale, Siberian kale, kohlrabi, mustard, pakchoi, radish, rape, rutabaga, and turnip. (a) General description. (1) Germination habit: Epigeal dicot. (2) Food reserves: Cotyledons which expand and become thin, leaf-like and photosynthetic. In Brassica, Sinapis, Raphanus, (3) Shoot system: The hypocotyl elongates and carries the cotyledons above the soil surface; the epicotyl usually does not show any development within the test period. (4) Root system: A long primary root. (b) Abnormal seedling description. (1) Cotyledons: (i) Decayed at point of attachment. (ii) Less than half of the original cotyledon tissue remaining attached. (iii) Less than half of the original cotyledon tissue free of necrosis or decay. (2) Epicotyl: (i) Missing. (May be assumed to be present if the cotyledons are intact.) (ii) [Reserved] (3) Hypocotyl: (i) Deep open cracks extending into the conducting tissue. (ii) Malformed, such as markedly shortened, curled, or thickened. (iii) Watery. (4) Root: (i) Weak, stubby, or missing primary root. (Secondary roots will not compensate for a defective root.) (ii) [Reserved] (5) Seedling: (i) One or more essential structures impaired as result of decay from primary infection. (ii) Albino. [59 FR 64501, Dec. 14, 1994] § 201.56-4 Cucurbit family, (Cucurbitaceae). Kinds of seed: Citron, cucumber, West India gherkin, melon, pumpkin, squash, and watermelon. (a) General description. (1) Germination habit: Epigeal dicot. (2) Food reserves: Cotyledons which are large and fleshy; they expand, become photosynthetic, and usually persist beyond the seedling stage. (3) Shoot system: The hypocotyl elongates and the cotyledons are pulled free of the seed coat, which often adheres to a peg-like appendage at the base of the hypocotyl. The epicotyl usually does not show any development within the test period. (4) Root system: A long primary root with numerous secondary roots. (b) Abnormal seedling description. (1) Cotyledons: (i) Less than half of the original cotyledon tissue remaining attached. (ii) Less than half of the original cotyledon tissue free of necrosis or decay. (Remove any attached seed coats at the end of the test period for evaluation of cotyledons.) (2) Epicotyl: (i) Missing. (May be assumed to be present if the cotyledons are intact.) (ii) [Reserved] (3) Hypocotyl: (i) Deep open cracks extending into the conducting tissue. (ii) Malformed, such as markedly shortened, curled, or thickened. (4) Root: (i) None. (ii) Weak, stubby, or missing primary root, with less than two strong secondary or adventitious roots. (5) Seedling: (i) One or more essential structures impaired as a result of decay from primary infection. (ii) Albino. [59 FR 64501, Dec. 14, 1994] § 201.56-5 Grass family, Poaceae (Gramineae). Kinds of seed: Bentgrasses, bluegrasses, bluestems, bromes, cereals, fescues, millets, orchardgrass, redtop, ryegrasses, sorghums, timothy, turf timothy, wheatgrasses, and all other grasses listed in § 201.2(h). (a) Cereals: Agrotricum, barley, oat, rye, mountain rye, wheat, wheat × agrotricum, and triticale. (1) General description. (i) Germination habit: Hypogeal monocot. (ii) Food reserves: Endosperm. The scutellum is a modified cotyledon which is in direct contact with the endosperm. During germination the scutellum remains inside the seed to absorb nutrients from the endosperm and transfer them to the growing seedling. (iii) Shoot system: The shoot consists of the coleoptile, leaves enclosed in the coleoptile, and the mesocotyl. The coleoptile elongates and pushes through the soil surface; the mesocotyl may elongate depending on the variety and light intensity, but may not be discernible. Splitting of the coleoptile occurs naturally as a result of growth and emergence of the leaves. (iv) Root system: A primary root and seminal roots. The primary root is not readily distinguishable from the seminal roots; therefore, all roots arising from the seed are referred to as seminal roots. (2) Abnormal seedling description. (i) Shoot: (A) Missing. (B) No leaf. (C) Leaf extending less than halfway up into the coleoptile. (D) Leaf extensively shredded or split. (E) Spindly or watery. (F) Grainy, spirally twisted, shredded, and weak. (G) Deep open cracks in the mesocotyl. (ii) Root: (A) Less than one strong seminal root. (B) [Reserved] (iii) Seedling: (A) Decayed at point of attachment to the scutellum. (B) One or more essential structures impaired as a result of decay from primary infection. (C) Albino. (D) Endosperm obviously detached from the root-shoot axis (e.g. kernel lifted away by the growing shoot). (E) Thickened and shortened roots and/or shoots. (b) Rice. (1) General description. (i) Germination habit: Hypogeal monocot. (ii) Food reserves: Endosperm. The scutellum is a modified cotyledon which is in direct contact with the endosperm. During germination the scutellum remains inside the seed to absorb nutrients from the endosperm and transfer them to the growing seedling. (iii) Shoot system: The shoot consists of the coleoptile, leaves enclosed in the coleoptile, and the mesocotyl. The coleoptile elongates and pushes through the soil or water surface; the mesocotyl may elongate depending on the variety and environmental conditions. Splitting of the coleoptile occurs naturally as a result of growth and emergence of the leaves. (iv) Root system: Strong primary root and seminal roots. Adventitious roots may start to develop from the mesocotyl or coleoptilar node within the test period. If the mesocotyl elongates, the adventitious roots will be carried above the grain. (2) Abnormal seedling description. (i) Shoot: (A) Missing. (B) No leaf. (C) Leaf extending less than halfway up into the coleoptile. (D) Leaf extensively shredded or split. (E) Spindly or watery. (F) Deep open cracks in the mesocotyl. (ii) Root: (A) None. (B) Weak primary root with insufficient seminal or adventitious roots. (iii) Seedling: (A) Decayed at point of attachment to the scutellum. (B) One or more essential structures impaired as a result of decay from primary infection. (C) Albino. (c) Corn. (1) General description. (i) Germination habit: Hypogeal monocot. (ii) Food reserves: Endosperm. The scutellum is a modified cotyledon which is in direct contact with the endosperm. During germination the scutellum remains inside the seed to absorb nutrients from the endosperm and transfer them to the growing seedling. (iii) Shoot system: The shoot consists of the coleoptile, leaves enclosed in the coleoptile, and the mesocotyl. The coleoptile elongates and pushes through the soil surface. The mesocotyl usually elongates. Splitting of the coleoptile occurs naturally as a result of growth and emergence of the leaves. A twisted and curled shoot bound by a tough seed coat may be considered normal, provided the shoot is not decayed. (iv) Root system: Strong primary root and seminal roots. Adventitious roots may start to develop from the mesocotyl or coleoptilar node within the test period. (2) Abnormal seedling description. (i) Shoot: (A) Missing. (B) Thickened and shortened. (C) No leaf. (D) Leaf extending less than halfway up into the coleoptile. (E) Leaf extensively shredded or split. (F) Spindly or watery. (G) Deep open cracks in the mesocotyl. (ii) Root: (A) None. (B) Weak, stubby, or missing primary root with weak seminal roots. (iii) Seedling: (A) Decayed at point of attachment to the scutellum. (B) One or more essential structures impaired as a result of decay from primary infection. (C) Albino. (d) Johnsongrass, sorghum, sorgrass, sorghum almum, sudangrass, and sorghum-sudangrass. (1) General description. (i) Germination habit: Hypogeal monocot. (ii) Food reserves: Endosperm. The scutellum is a modified cotyledon which is in direct contact with endosperm. During germination the scutellum remains inside the seed to absorb nutrients from the endosperm and transfer them to the growing seedling. (iii) Shoot system: The shoot consists of the coleoptile, leaves enclosed in the coleoptile, and the mesocotyl. The coleoptile elongates and pushes through the soil surface; the mesocotyl usually elongates. Areas of natural, reddish pigmentation may develop on the mesocotyl and coleoptile. Splitting of the coleoptile occurs naturally as a result of growth and emergence of the leaves. (iv) Root system: A long primary root, usually with secondary roots developing within the test period. Adventitious roots may start to develop from the mesocotyl or coleoptilar node within the test period. Areas of natural, reddish pigmentation may develop on the root. (2) Abnormal seedling description. (i) Shoot: (A) Missing. (B) Thickened and shortened. (C) No leaf. (D) Leaf extending less than halfway up into the coleoptile. (E) Leaf extensively shredded or split. (F) Spindly or watery. (G) Deep open cracks in the mesocotyl. (ii) Root: (A) None. (B) Damaged or weak primary root with less than two strong secondary roots. (iii) Seedling: (A) Decayed at point of attachment to the scutellum. (B) One or more essential structures impaired as a result of decay from primary infection. (C) Albino. (e) Grasses and millets. (1) General description. (i) Germination habit: Hypogeal monocot. (ii) Food reserves: Endosperm. The scutellum is a modified cotyledon which is in direct contact with the endosperm. During germination the scutellum remains inside the seed to absorb nutrients from the endosperm and transfer them to the growing seedling. (iii) Shoot system: The shoot consists of the coleoptile, leaves enclosed in the coleoptile, and the mesocotyl. The coleoptile elongates and pushes through the soil surface. The mesocotyl may or may not elongate significantly, depending on the kind. Splitting of the coleoptile occurs naturally as a result of growth and emergence of the leaves. (iv) Root system: A long primary root. Secondary or adventitious roots may develop within the test period. In certain kinds (e.g. bermudagrass) the primary root may not be readily visible because it is coiled inside the tightly fitting lemma and palea. At the time of evaluation, the glumes should be removed and the root observed. Such seedlings are classified as normal if the primary root has developed. For Kentucky bluegrass, a primary root 1/16 (2) Abnormal seedling description. (i) Shoot: (A) Missing. (B) Short, thick, and grainy. (C) No leaf. (D) Leaf extending less than halfway up into the coleoptile. (E) Leaf extensively shredded or split. (F) Spindly or watery. (G) Deep open cracks in the mesocotyl. (ii) Root: (A) Missing or defective primary root even if other roots are present. (B) Spindly, stubby, or watery primary root. (iii) Seedling: (A) Decayed at point of attachment to the scutellum. (B) One or more essential structures impaired as a result of decay from primary infection. (C) Albino. (D) Yellow (when grown in light). (E) Endosperm obviously detached from the root-shoot axis (e.g. kernel lifted away by the growing shoot). [59 FR 64501, Dec. 14, 1994, as amended at 65 FR 1708, Jan. 11, 2000] § 201.56-6 Legume or pea family, Fabaceae (Leguminosae). Kinds of seed: Alfalfa, alyceclover, asparagusbean, beans ( Phaseolus Trifolium (a) Field bean, garden bean, lima bean, mung bean, asparagusbean, and cowpea. (1) General description. (i) Germination habit: Epigeal dicot. (ii) Food reserves: Cotyledons which are large and fleshy. (iii) Shoot system: The hypocotyl elongates and carries the cotyledons above the soil surface. The epicotyl elongates, causing the terminal bud to emerge from between the cotyledons; the primary leaves expand rapidly. (iv) Root system: A long primary root with secondary roots. (2) Abnormal seedling description. (i) Cotyledons: (A) For garden bean ( Phaseolus vulgaris ( 1 ( 2 (B) All other kinds: ( 1 ( 2 (ii) Epicotyl: (A) Missing. (B) Deep open cracks. (C) Malformed, such as markedly curled or thickened. (D) Less than one primary leaf. (E) Primary leaves too small in proportion to the rest of the seedling, usually associated with visible defects of, or damage to, the main stem of the epicotyl. (F) Terminal bud missing or damaged. (If a few seedlings with total or partial decay to the epicotyl are found, they may be classified as normal, provided the hypocotyl and root are normal. The epicotyl on such seedlings usually does not decay when grown in a fairly dry environment and exposed to light. A retest, preferably in soil or sand, will aid in interpretation of such seedlings.) (iii) Hypocotyl: (A) Deep open cracks extending into the conducting tissue. (A healed break, sometimes referred to as a “knee,” is considered normal.) (B) Malformed, such as markedly shortened, curled, or thickened. (Hypocotyl stunting or curling may be caused by seedling orientation or constriction on or in the substratum.) (Hypocotyl collar rot is the breakdown of hypocotyl tissue initially characterized by a watery appearance and collapse of the hypocotyl below the cotyledonary node. The area later becomes discolored, shrivelled, and necrotic. The condition is caused by insufficient calcium available to the seedling. If hypocotyl collar rot is observed on seedlings of garden bean, the sample involved shall be retested in accordance with § 201.58(b)(12).) (iv) Root: (A) None. (B) Weak, stubby, or missing primary root with weak secondary or adventitious roots. (A root bound within a tough seed coat is considered normal.) (v) Seedling: (A) One or more essential structures impaired as the result of decay from primary infection. (Secondary infection is common in towel and blotter tests. Some pathogens, such as Fusarium, Phomopsis, Rhizoctonia, (B) Albino. (b) Adzuki bean, broadbean, chickpea, field pea, lentil, pea, roughpea, runner bean, velvetbean, and vetches. (1) General description. (i) Germination habit: Hypogeal dicot. (ii) Food reserves: Cotyledons which are large and fleshy, and remain enclosed within the seed coat beneath the soil surface. They are usually not photosynthetic. (iii) Shoot system: The epicotyl elongates and carries the terminal bud and primary leaves above the soil surface. The stem bears one or more scale leaves and, prior to emergence, is arched near the apex, causing the terminal bud to be pulled through the soil; after emergence, the stem straightens. For practical purposes, the hypocotyl is not discernible and is not an evaluation factor. Buds in the axils of each cotyledon and scale leaf usually remain dormant unless the terminal bud is seriously damaged. In this case, one or more axillary buds may start to develop into a shoot. If the axillary shoot is well-developed, it may be considered normal. (iv) Root system: A long primary root with secondary roots. (2) Abnormal seedling description. (i) Cotyledons: (A) Less than half of the original tissue remaining attached. (B) Less than half of the original tissue free of necrosis or decay. (ii) Epicotyl: (A) Missing. (B) Less than one primary leaf. (C) Malformed such as markedly shortened, curled, or thickened. (D) Severely damaged (e.g. terminal bud missing or damaged) with only a weak shoot developing from the axil of a cotyledon or scale leaf. (E) Two weak and spindly shoots. (F) Deep open cracks extending into the conducting tissue. (iii) Root: (A) None. (B) Weak, stubby, or missing primary root with weak secondary roots. (iv) Seedlings: (A) One or more essential structures impaired as a result of decay from primary infection. (Secondary infection is common in towel and blotter tests. Some pathogens can spread through the substratum and infect seedlings some distance away from the primary source. Seedlings with secondary infection are classified as normal. A retest in sand or soil may be advisable.) (B) Albino. (c) Soybean and lupine. (1) General description. (i) Germination habit: Epigeal dicot. (ii) Food reserves: Cotyledons, which are large and fleshy; they expand and become photosynthetic. (iii) Shoot system: The hypocotyl elongates and carries the cotyledons above the soil surface. The primary leaves usually increase in size and the epicotyl may elongate within the test period. (iv) Root system: A long primary root with secondary roots. (2) Abnormal seedling description. (i) Cotyledons: (A) Less than half of the original cotyledon tissue remaining attached. (B) Less than half of the original cotyledon tissue free of necrosis or decay. (ii) Epicotyl: (A) Missing. (B) Less than one primary leaf. (C) Deep open cracks. (D) Terminal bud damaged, missing, or decayed. (If a few seedlings with partial decay of the epicotyl are found, they may be classified as normal, provided the hypocotyl and root are normal. The epicotyl on such seedlings usually does not decay when grown in a fairly dry environment and is exposed to light. A retest, preferably in soil or sand, will aid in interpretation of such seedlings.) (iii) Hypocotyl: (A) Deep open cracks extending into the conducting tissue. (Adventitious roots may occur at the site of injury, particularly on the hypocotyl and near the base of the cotyledons. The seedling is classified as normal if the injury is healed over and other essential structures are normal.) (B) Malformed, such as markedly shortened, curled, or thickened. (Hypocotyl development is slow until the roots start functioning. Caution should be exercised to ensure slow seedlings are not classified as abnormal. Hypocotyl stunting or curling also may be caused by seedling orientation or constriction on or in the substratum.) (iv) Root: (A) None. (B) Weak, stubby, or missing primary root with weak secondary or adventitious roots. (Roots of seedlings on “Kimpak” with insufficient moisture may not become established and hypocotyl elongation may appear to be abnormal. There may be curling of the root and hypocotyl. When a number of seedlings are observed with this condition, the sample should be retested.) (v) Seedlings: (A) One or more essential structures impaired as a result of decay from primary infection. (Secondary infection is common in towel and blotter tests. Some pathogens, such as Fusarium, Phomopsis, Rhizoctonia, (B) Albino. (d) Peanut. (1) General description. (i) Germination habit: Epigeal dicot. (ii) Food reserves: Cotyledons, which are large and fleshy. (iii) Shoot system: The cotyledons are carried to the soil surface by the hypocotyl which is very thick, narrowing abruptly at the root. Elongation of the hypocotyl stops when the epicotyl is exposed to light at the soil surface. The primary leaves are compound and usually expand during the test period. (iv) Root system: A long primary root with secondary roots. Adventitious roots develop from the base of the hypocotyl if the primary root is damaged. (2) Abnormal seedling description. (i) Cotyledons: (A) Less than half of the original cotyledon tissue remaining attached. (B) Less than half of the original cotyledon tissue free of necrosis or decay. (ii) Epicotyl: (A) Missing. (B) Less than one primary leaf. (C) Deep open cracks. (D) Terminal bud damaged, missing, or decayed. (iii) Hypocotyl: (A) Deep open cracks extending into the conducting tissue. (B) Malformed, such as markedly shortened or curled. (Hypocotyls remain somewhat thickened and may appear to be stunted. Light, depth of planting, and substratum moisture all contribute to the length of the hypocotyl. Hypocotyl stunting or curling may be caused by seedling orientation or constriction in the substratum. Seedlings planted in a soil test with the radicle too close to the surface may send roots above the soil and appear to exhibit negative geotropism and a distorted, U-shaped hypocotyl. (iv) Root: (A) None. (B) Weak, stubby, or missing primary root with weak secondary or adventitious roots. (v) Seedling: (A) One or more essential structures impaired as a result of primary infection. (B) Albino. (e) Alfalfa, alyceclover, Florida beggarweed, black medic, burclovers, buttonclover, milkvetch, clovers, crotalarias, crownvetch, guar, hairy indigo, kudzu, lespedezas, northern sweetvetch, sainfoin, sesbania, sourclover, sweetclovers, and trefoils. (1) General description. (i) Germination habit: Epigeal dicot. (ii) Food reserve: Cotyledons, which are small and fleshy; they expand and become photosynthetic. The cotyledons of sub clover develop elongated petioles. (iii) Shoot system: The hypocotyl elongates and carries the cotyledons above the soil surface. The epicotyl usually does not show any development within the test period. (iv) Root system: A long, tapering primary root, usually with root hairs. Secondary roots may or may not develop within the test period, depending on the kind. (2) Abnormal seedling description. (i) Cotyledons: (A) Less than half of the original cotyledon tissue remaining attached. (Breaks at the point of attachment of the cotyledons to the hypocotyl are common in seeds which have been mechanically damaged. It is important that seedlings not be removed during preliminary counts unless development is sufficient to allow the conditions of the cotyledons to be determined. If the point of attachment of the cotyledons cannot be seen at the end of the test, the seed coat should be peeled back to determine whether a break has occurred.) (B) Less than half of the original cotyledon tissue free of necrosis or decay. (ii) Epicotyl: (A) Missing. (May be assumed to be present if both cotyledons are intact.) (B) [Reserved] (iii) Hypocotyl: (A) Deep open cracks extending into the conducting tissue. (B) Malformed, such as markedly shortened, curled, or thickened. (Seedlings of sainfoin which have been constricted by growing through the netting of the pod, but which are otherwise normal, are classified as normal.) (C) Weak and watery. (iv) Root: (A) None. (B) Primary root stubby. (The roots of sweetclovers may be stubby when grown on artificial substrata due to the presence of coumarin in the seed; since this condition usually does not occur in soil, such seedlings are classified as normal. Roots may appear stubby as a result of being bound by the seed coat; such seedlings are classified as normal. Crownvetch produces phytotoxic effects similar to sweetclovers.) (C) Split extending into the hypocotyl. (v) Seedling: (A) One or more essential structures impaired as a result of decay from primary infection. (B) Albino. [59 FR 64503, Dec. 14, 1994, as amended at 65 FR 1708, Jan. 11, 2000] § 201.56-7 Lily family, Liliaceae. Kinds of seed: Asparagus, chives, leek, onion, and Welsh onion. (a) Asparagus. (1) General description. (i) Germination habit: Hypogeal monocot. (ii) Food reserves: Endosperm which is hard, semi- transparent, and non-starchy; minor reserves in the cotyledon. The endosperm surrounds the entire embryo. (iii) Cotyledon: A single cylindrical cotyledon; following germination, all but the basal end remains embedded in the endosperm to absorb nutrients. (iv) Shoot system: The epicotyl elongates and carries the terminal bud above the soil surface. The epicotyl may bear several small scale leaves. A short hypocotyl is barely distinguishable, joining the root to the basal end of the cotyledon. More than one shoot may arise simultaneously, and the seedling may be considered normal if at least one shoot is well- developed and has a terminal growing point, provided other essential structures are normal. (v) Root system: A long slender primary root. (2) Abnormal seedling description. (i) Cotyledon: (A) Detached from seedling. (B) Deep open cracks at basal end. (ii) Epicotyl: (A) Missing. (B) Terminal bud missing or damaged. (C) Deep open cracks. (D) Malformed, such as markedly shortened, curled, or thickened. (E) Spindly. (F) Watery. (iii) Hypocotyl: (A) Deep open cracks. (B) [Reserved] (iv) Root: (A) No primary root. (B) Stubby primary root with weak secondary roots. (v) Seedling: (A) One or more essential structures impaired as a result of decay from primary infection. (B) Albino. (b) Chives, leek, onion, Welsh onion. (1) General description. (i) Germination habit: Epigeal monocot. (ii) Food reserves: Endosperm which is hard, semi-transparent, and non-starchy; minor reserves in the cotyledon. (iii) Cotyledon: A single cylindrical cotyledon. The cotyledon emerges with the seed coat and endosperm attached to the tip. A sharp bend known as the “knee” forms; continued elongation of the cotyledon on each side of this knee pushes it above the soil surface. The cotyledon tip is pulled from the soil and straightens except for a slight kink which remains at the site of the knee. (iv) Shoot system: The first foliage leaf emerges through a slit near the base of the cotyledon, but this does not usually occur during the test period. The hypocotyl is a very short transitional zone between the primary root and the cotyledon, and is not distinguishable for purposes of seedling evaluation. (v) Root system: A long slender primary root with adventitious roots developing from the hypocotyl. The primary root does not develop secondary roots. (2) Abnormal seedling description. (i) Cotyledon: (A) Short and thick. (B) Without a definite bend or “knee”. (C) Spindly or watery. (ii) Epicotyl: (A) Not observed during the test period. (B) [Reserved] (iii) Hypocotyl: (A) Not evaluated. (B) [Reserved] (iv) Root: (A) No primary root. (B) Short, weak, or stubby primary root. (v) Seedling: (A) One or more essential structures impaired as a result of decay from primary infection. (B) Albino. [59 FR 64504, Dec. 14, 1994] § 201.56-8 Flax family, Linaceae. Kind of seed: Flax. (a) General description. (1) Germination habit: Epigeal dicot. (Due to the mucilaginous nature of the seed coat, seedlings germinated on blotters may adhere to the blotter and appear to be negatively geotropic.) (2) Food reserves: Cotyledons which expand and become photosynthetic. (3) Shoot system: The hypocotyl elongates carrying the cotyledons above the soil surface. The epicotyl usually does not show any development within the test period. (4) Root system: A primary root, with secondary roots usually developing within the test period. (b) Abnormal seedling description. (1) Cotyledons: (i) Less than half of the original cotyledon tissue remaining attached. (ii) Less than half of the original cotyledon tissue free of necrosis or decay. (2) Epicotyl: (i) Missing. (May be assumed to be present if cotyledons are intact.) (ii) [Reserved] (3) Hypocotyl: (i) Deep open cracks extending into the conducting tissue. (ii) Malformed, such as markedly shortened, curled, or thickened. (4) Root: (i) None. (ii) Weak, stubby, or missing primary root with weak secondary or adventitious roots. (5) Seedling: (i) One or more essential structures impaired as a result of decay from primary infection. (ii) Albino. [59 FR 64505 Dec. 14, 1994] § 201.56-9 Mallow family, Malvaceae. Kinds of seed: Cotton, kenaf, and okra. (a) General description. (1) Germination habit: Epigeal dicot. (2) Food reserve: Cotyledons, which are convoluted in the seed; they expand and become thin, leaf-like, and photosynthetic. (3) Shoot system: The hypocotyl elongates carrying the cotyledons above the soil surface. The epicotyl usually does not show any development within the test period. Areas of yellowish pigmentation may develop on the hypocotyl in cotton. (4) Root system: A primary root, with secondary roots usually developing within the test period. Areas of yellowish pigmentation may develop on the root in cotton. (b) Abnormal seedling description. (1) Cotyledons: (i) Less than half of the original cotyledon tissue remaining attached. (ii) Less than half of the original cotyledon tissue free of necrosis or decay. (Remove any attached seed coats at the end of the test period for evaluation of cotyledons.) (2) Epicotyl: (i) Missing. (May be assumed to be present if both cotyledons are intact.) (ii) [Reserved] (3) Hypocotyl: (i) Deep open cracks or grainy lesions extending into the conducting tissue. (ii) Malformed, such as markedly shortened, curled, or thickened. (4) Root: (i) None. (ii) Weak, stubby, or missing primary root with weak secondary or adventitious roots. (5) Seedling: (i) One or more essential structures impaired as a result of decay from primary infection. (A cotton seedling with yellowish areas on the root or hypocotyl is classified as normal, provided the cotyledons are free of infection.) (ii) Albino. [59 FR 64505 Dec. 14, 1994] § 201.56-10 Spurge family, Euphorbiaceae. Kind of seed: Castorbean. (a) General description. (1) Germination habit: Epigeal dicot. (2) Food reserves: Cotyledons, which are thin and leaf-like; endosperm (fleshy food-storage organs) usually persisting in the laboratory test. (3) Shoot system: The hypocotyl lengthens, carrying the cotyledons, endosperm, and epicotyl above the soil surface. (4) Root system: A primary root, with secondary roots usually developing within the test period. (b) Abnormal seedling description. (1) Cotyledons: (i) Less than half of the original cotyledon tissue remaining attached. (ii) Less than half of the original cotyledon tissue free of necrosis or decay. (2) Endosperm: (i) Missing. (ii) [Reserved] (3) Epicotyl: (i) Missing. (ii) Damaged or missing terminal bud. (4) Hypocotyl: (i) Deep open cracks extending into the conducting tissue. (ii) Malformed, such as markedly shortened, curled, or thickened. (5) Root: (i) None. (ii) Weak, stubby, or missing primary root with weak secondary or adventitious roots. (6) Seedling: (i) One or more essential structures impaired as a result of decay from primary infection. (ii) Albino. [59 FR 64505 Dec. 14, 1994] § 201.56-11 Knotweed family, Polygonaceae. Kinds of seed: Buckwheat, rhubarb, and sorrel. (a) General description. (1) Germination habit: Epigeal dicot. (2) Food reserves: Cotyledons, starchy endosperm. (3) Shoot system: The hypocotyl elongates carrying the cotyledons above the soil surface. The epicotyl usually does not show any development within the test period. (4) Root system: A primary root, with secondary roots developing within the test period for some kinds. (b) Abnormal seedling description. (1) Cotyledons: (i) Less than half of the original cotyledon tissue remaining attached. (ii) Less than half of the original cotyledon tissue free of necrosis or decay. (2) Epicotyl: (i) Missing. (May be assumed to be present if cotyledons are intact.) (ii) [Reserved] (3) Hypocotyl: (i) Deep open cracks or grainy lesions extending into the conducting tissue. (ii) Malformed, such as markedly shortened, curled, or thickened. (iii) Watery. (4) Root: (i) None. (ii) Weak, stubby, or missing primary root with weak secondary or adventitious roots. (5) Seedling: (i) One or more essential structures impaired as a result of decay from primary infection. (ii) Albino. [59 FR 64506, Dec. 14, 1994] § 201.56-12 Miscellaneous plant families. Kinds of seed by family: Carrot family, Apiaceae (Umbelliferae)—carrot, celery, celeriac, dill, parsley, parsnip; Hemp family, Cannabaceae—hemp; Dichondra family, Dichondraceae—dichondra; Geranium family, Geraniaceae—alfilaria; Mint family, Lamiaceae (Labiatae)—sage, summer savory; benne family, Pedaliaceae—sesame; Rose family, Rosaceae—little burnet; Nightshade family, Solanaceae—eggplant, tomato, husk tomato, pepper, tobacco; and Valerian family, Valerianaceae—cornsalad. (a) General description. (1) Germination habit: Epigeal dicot. (2) Food reserves: Cotyledons; endosperm may or may not be present, depending on the kind. (3) Shoot system: The hypocotyl elongates, carrying the cotyledons above the soil surface. The epicotyl usually does not show any development within the test period. (4) Root system: A primary root; secondary roots may or may not develop within the test period, depending on the kind. (b) Abnormal seedling description. (1) Cotyledons: (i) Less than half of the original cotyledon tissue remaining attached. (ii) Less than half of the original cotyledon tissue free of necrosis or decay. (2) Epicotyl: (i) Missing. (May be assumed to be present if the cotyledons are intact.) (ii) [Reserved] (3) Hypocotyl: (i) Malformed, such as markedly shortened, curled, or thickened. (ii) Deep open cracks extending into the conducting tissue. (iii) Watery. (4) Root: (i) None. (ii) Missing or stubby primary root with weak secondary or adventitious roots. (5) Seedling: (i) One or more essential structures impaired as a result of decay from primary infection. (ii) Albino. [59 FR 64506, Dec. 14, 1994] § 201.57 Hard seeds. Seeds which remain hard at the end of the prescribed test because they have not absorbed water, due to an impermeable seed coat, are to be counted as “hard seed.” If at the end of the germination period provided for legumes, okra, cotton and dichondra in these rules and regulations there are still present swollen seeds or seeds of these kinds which have just started to germinate, all seeds or seedlings except the above-stated shall be removed and the test continued for 5 additional days and the normal seedlings included in the percentage of germination. For flatpea, continue the swollen seed in test for 14 days when germinating at 15-25 °C or for 10 days when germinating at 20 °C. [5 FR 33, Jan. 4, 1940, as amended at 10 FR 9952, Aug. 11, 1945; 20 FR 7936, Oct. 21, 1955; 65 FR 1708, Jan. 11, 2000] § 201.57a Dormant seeds. Dormant seeds are viable seeds, other than hard seeds, which fail to germinate when provided the specified germination conditions for the kind of seed in question. (a) Viability of ungerminated seeds shall be determined by any of the following methods or combinations of methods: a cutting test, tetrazolium test, scarification, or application of germination promoting chemicals. (b) The percentage of dormant seed, if present, shall be determined in addition to the percentage of germination for the following kinds: Bahiagrass, basin wildrye, big bluestem, little bluestem, sand bluestem, yellow bluestem, bottlebrush-squirreltail, buffalograss, buffelgrass, galletagrass, forage kochia, blue grama, side-oats grama, Indian ricegrass, johnsongrass, sand lovegrass, weeping lovegrass, mountain rye, sand dropseed, smilo, switchgrass, veldtgrass, western wheatgrass, and yellow indiangrass. (c) For green needlegrass, if the test result of method 2 is less than the result of method 1, subtract the result of method 2 from method 1 and report the difference as the percentage of dormant seed. Refer to § 201.58(b)(7). [46 FR 53638, Oct. 29, 1981, as amended at 59 FR 64506, Dec. 14, 1994] § 201.58 Substrata, temperature, duration of test, and certain other specific directions for testing for germination and hard seed. Specific germination requirements are set forth in table 2 to which the following paragraphs (a), (b), and (c) are applicable. (a) Definitions and explainations applicable to table 2 Duration of tests. (2) Light. (3) Moisture-on-dry-side. (4) Potassium nitrate 3 3 3 (5) Prechill. (6) Predry. (7) Substrata Kinds B = between blotters TB = top of blotters T = paper toweling, used either as folded towel tests or as roll towel tests in horizontal or vertical position S = sand or soil where soil is an artificial planting mix of shredded peat moss, vermiculite, and perlite TS = top of sand or soil P = covered Petri dishes: with two layers of blotters; with one layer of absorbent cotton; with five layers of paper toweling; with three thicknesses of filter paper; or with sand or soil C = creped cellulose paper wadding (0.3-inch thick Kimpak or equivalent) covered with a single thickness of blotter through which holes are punched for the seed that are pressed for about one-half their thickness into the paper wadding TC = on top of creped cellulose paper without a blotter RB = blotters with raised covers, prepared by folding up the edges of the blotter to form a good support for the upper fold which serves as a cover, preventing the top from making direct contact with the seeds. (8) Temperature. (9) Paper substrata must be free of chemicals toxic to germinating seed and seedling growth. If root injury occurs from toxicity of a paper substratum or from the use of potassium nitrate, retests shall be made on soil or on a substratum moistened with water. (10) Ethephon. (11) Ethylene. 3 (b) Special procedures and alternate methods for germination referred to in table 2 Alyceclover; swollen seeds. (2) Bahiagrass; removal of glumes. (3) Beet, Swiss chard; preparation of seed for test. (4) Buffelgrass; alternate method for dormant seed. 3 (5) Cotton (Gossypium spp.); dormant samples. (6) Endive (Cichorium endivia); dormant samples. 1/8 (7) Green needlegrass (i) For method 1, acid scarify 400 seeds for 10 minutes in concentrated sulfuric acid (95 to 98 percent H 2 4 3 (ii) For method 2, plant 400 seeds on blotters moistened with a 0.2 percent solution of KNO 3 (iii) Report the results of method 2 as the percentage germination. If the number in method 2 is less than method 1, subtract the results of method 2 from method 1 and report the difference as dormant seed. (8) Rescue grass Bromus catharticus ; dormant samples. (9) Rice Oryza sativa Alternate method. (10) Ryegrass; fluorescence test. (11) Trifolium, Medicago, Melilotus, and Vicia faba; temperature requirements. Trifolium Medicago Melilotus Vicia faba. (12) Garden bean; use of calcium nitrate. 3 (13) Fourwing Saltbush (Atriplex canscens); preparation of seed for test. (c) Procedures for coated seed. (i) Coated seed units shall be placed on the substratum in the condition in which they are received without rinsing, soaking, or any other pretreatment. (ii) Coated seed units in mixtures which are color coded or can otherwise be separated by kinds shall be germinated as separate kinds without removing the coating material. (iii) Coated seed units in mixtures which cannot be separated by kinds without removing the coating material shall be de-coated and germinated as separate kinds. The coating material shall be removed in a manner that will not affect the germination capacity of the seeds. (2) The moisture level of the substratum is important. It may depend on the water-absorbing capacity of the coating material. A retest may be necessary before satisfactory germination of the sample is achieved. (3) Phytotoxic symptoms may be evident when germinating coated seeds in paper substrata. In such cases a retest in sand or soil may be necessary. Table 2—Germination Requirements for Indicated Kinds Name of seed Substrata Temperature (°C) First count days Final count days Additional directions Specific requirements Fresh and dormant seed AGRICULTURAL SEED Agrotricum B, T, S 20; 15 4 7 Prechill at 5 or 10 °C for 5 days. Alfalfa B, T, S 20 4 1 See ¶ (b)(11) Alfilaria B, T 20-30 3 14 Clip seeds Alyceclover B, T 35 4 1 See ¶ (b)(1) for swollen seeds Bahiagrass: Var. Pensacola P, S 20-35 7 28 Light; see ¶ (b)(2) See § 201.57a All other vars. P 30-35 3 21 Light; remove glumes; see ¶ (b)(2) Scratch caryopses; KNO 3 Barley B, T, S 20; 15 4 7 Prechill 5 days at 5 or 10 °C or predry Barrelclover B, T 20 4 1 Remove seeds from bur; see ¶ (b)(11) Bean: Adzuki B, T, S 20-30 4 1 Field B, T, S, TC 20-30; 25 5 1 Mung B, T, S 20-30 3 1 Beet, field B, T, S 20-30 3 14 See ¶ (b)(3) Beet, sugar B, T, S 20-30; 20 3 10 See ¶ (b)(3) Beggarweed, Florida B, T 30 5 1 Bentgrass: Colonial P 15-30; 10-30; 15-25 7 28 Light; KNO 3 Prechill at 5 or 10 °C for 7 days. Creeping P 15-30; 10-30; 15-25 7 28 Light; KNO 3 Prechill at 5 or 10 °C for 7 days. Velvet P 15-25; 20-30 7 21 Light; KNO 3 Bermudagrass P 20-35 7 21 Light; KNO 3 Bermudagrass, giant P 20-35 7 21 Light; KNO 3 Prechill at 10 °C for 7 days and then test at 20-35 °C; continue tests of hulled seed for 14 days and of unhulled seed for 21 days Bluegrass: Annual P 20-30 7 21 Light Bulbous P, S 10 10 35 KNO 3 Prechill all samples at 5 °C for 7 days. Canada P 15-25; 15-30 10 28 Light; KNO 3 10-30 °C. Glaucantha P 15-25; 15-30 10 28 Light; KNO 3 Kentucky P 15-25; 15-30 10 28 Light; KNO 3 Prechill at 10 °C for 5 days. Nevada P 20-30 7 21 Light; KNO 3 Rough P 20-30 7 21 Light Texas P 20-30 7 28 Light; KNO 3 Prechill at 5 °C for 2 weeks. Wood P 20-30 7 28 Light Bluejoint TB, P 15-25 10 21 Light and KNO 3 Prechill at 5 °C for 5 days Bluestem: Big P, TS 20-30 7 14 Light; KNO 3 Prechill at 5 °C for 2 weeks; see § 201.57a. Little P, TS 20-30 7 14 Light; KNO 3 Prechill at 5 °C for 2 weeks; see § 201.57a. Sand P, TS 20-30 7 14 Light; KNO 3 Prechill at 5 °C for 2 weeks; see § 201.57a. Yellow P, TS 20-30 5 14 Light; KNO 3 Prechill at 5 °C for 2 weeks; see § 201.57a. Bottlebrush-squirreltail P, B 20; 15 10 14 See § 201.57a. Brome: Field P, TB 15-25; 20-30 6 14 Light Prechill at 10 °C for 5 days. Meadow B, T, TB 20-30 6 14 Light optional Mountain P 20-30 6 14 Light. Smooth P, B, TB 20-30 6 14 Light optional Prechill at 5 or 10 °C for 5 days, then test at 30 °C for 9 additional days. Broomcorn B, T, S 20-30 3 10 Buckwheat B, T 20-30 3 6 Buffalograss: (Burs) P,TB,TS 20-35 7 14 Light;KNO 3 Prechill at 5 °C for 2 weeks; See § 201.57a. (Caryopses) P 20-35 5 14 Light;KNO 3 Buffelgrass S 30 7 28 Light; press fascicles into well-packed soil and prechill at 5 °C for 7 days See ¶ (b)(4); see § 201.57a. Burclover, California B, T 20 4 1 Remove seeds from bur; see ¶ (b)(11) Burclover, spotted B, T 20 4 1 Remove seeds from bur; see ¶ (b)(11) Burnet, littler B, T 15 5 14 Buttonclover B, T 20 4 1 See ¶ (b)(11) 15 °C. Camelina TB 20 4 7 Canarygrass B, T 20-30 3 7 Canarygrass, reed P 20-30 5 21 Light; KNO 3 Carpetgrass P 20-35 10 21 Light KNO 3 Castorbean T, S 20-30 7 14 Remove caruncle if mold interferes with test Chess, soft P 20-30 7 14 Light Prechill at 5 or 10 °C for 7 days. Chickpea T,S 20-30 3 1 Clover: Alsike B, T, S 20 3 1 See ¶ (b)(11) 15 °C. Arrowleaf B, T 20; 15 4 1 See ¶ (b)(11) Berseem B, T, S 20 3 1 See ¶ (b)(11) 15 °C. Cluster B, T 20 4 1 See ¶ (b)(11) 15 °C. Crimson B, T, S 20 4 1 See ¶ (b)(11) 15 °C. Kenya B, T, S 20 3 17 Ladino B, T, S 20 3 1 See ¶ (b)(11) 15 °C. Lappa B, T 20 3 1 See ¶ (b)(11) 15 °C. Large hop B, T 20 4 1 See ¶ (b)(11) 15 °C. Persian B, T 20 3 1 See ¶ (b)(11) 15 °C. Red B, T, S 20 4 1 See ¶ (b)(11) 15 °C. Rose B, T 20 4 1 See ¶ (b)(11) 15 °C. Small hop B, T 20 4 1 See ¶ (b)(11) 15 °C. Strawberry B, T 20 3 1 See ¶ (b)(11) 15 °C. Sub B, T 20 4 1 See ¶ (b)(11) 15 °C. White B, T, S 20 3 1 See ¶ (b)(11) 15 °C. Corn: Field B, T, S, TC 20-30; 25 4 7 Pop B, T, S, TC 20-30; 25 4 7 Cotton B, T, S 20-30; 30 4 1 Test by alternate method; see ¶ (b)(5). Cowpea B, T, S 20-30 5 1 Crambe T,B 20;25 4 7 KNO 3 Crested dogtail P 20-30 10 21 Light Prechill at 5° or 10 °C for 3 days. Crotalaria: Lance B, T, S 20-30 4 1 Showy B, T, S 20-30 4 1 Slenderleaf B, T, S 20-30 4 1 Striped B, T, S 20-30 4 1 Sunn B, T, S 20-30 4 1 Crownvetch B,T,TB,S 20 7 1 Dallisgrass P 20-35 7 21 Light; KNO 3 Dichondra B, T 20-30 7 1 Drop seed, sand P 5-35; 15-35 5 14 Light; KNO 3 Prechill at 5 °C for 4 weeks; see § 201.57a. Emmer B, T, S 20; 15 4 7 Prechill at 5 or 10 °C for 5 days or predry. Fescue: Chewings P 15-25 7 21 Light and KNO 3 Prechill at 5 or 10 °C for 5 days. Hair P 10-25 10 28 KNO 3 Hard P 15-25 7 21 Light and KNO 3 Meadow P 15-25; 20-30 5 14 Light and KNO 3 Red P 15-25 7 21 Light and KNO 3 Sheep P 15-25 7 21 Light and KNO 3 Tall P 15-25; 20-30 5 14 Light and KNO 3 Prechill at 5 or 10 °C for 5 days and test for 21 days. Flatpea T 15-25;20 14 1 Flax B, T, S 20-30 3 7 Foxtail, creeping P 15-30 7 21 Light;KNO 3 Foxtail, meadow P 20-30 7 14 Light Galletagrass P, B 20; 25; 20-30 4 10 See § 201.57a Grama: Blue P, TB 20-30 7 14 Light KNO 3 Side-oats P 15-30 7 14 Light; KNO 3 See § 201.57a. Guar B, T, S 30; 20-30 5 1 Guineagrass P 15-35 10 28 Light; KNO 3 Hardinggrass P 10-30 7 28 Light KNO 3 Alternate method P 15-25 7 14 Light; presoak at 15 °C for 24 hrs Hemp B, T 20-30 3 7 Indiangrass, yellow P, TS 20-30 7 14 Light; KNO 3 Prechill at 5 °C for 2 weeks; see § 201.57a. Indigo, hairy B, T 20-30 5 1 Japanese lawngrass P 35-20 10 28 Light; KNO 3 Johnsongrass P 20-35 7 35 Light KNO 3 Kenaf T, B 20-30 4 1 Kochia, forage P 20 4 14 See § 201.57a. Kudzu B, T 20-30 5 1 Lentil B, T 20 5 1 Lespedeza: Korean B, T, S 20-35 5 1 Sericea B, T, S 20-35 7 1 Siberian B, T, S 20-35 7 1 Striate B, T, S 20-35 7 1 Lovegrass, sand P 20-30 5 14 Light; KNO 3 Prechill at 5 or 10 °C for 6 weeks; see § 201.57a. Lovegrass, weeping P 20-35 5 14 Light KNO 3 Lupine: Blue B, T, S 20 4 1 White B, T 20 3 1 Yellow B, T 20 7 1 Manilagrass P 35-20 10 28 Light; KNO 3 Medic, black B, T, S 20 4 1 See ¶ (b)(11) Milkvetch B, T 20 6 1 Alternate method B, TB, T 15-25 10 1 Millet: Browntop B, P, T 20-30; 30 4 14 Light and KNO 3 Predry at 35 or 40 °C for 7 days and test at 30 °C. Alternate method B, P, T 5-35 4 14 Light; KNO 3 Foxtail B, T 15-30; 20-30 4 10 Japanese B, T 20-30 4 10 Pearl B, T 20-30 3 7 Proso B, T 20-30 3 7 Molassesgrass P 20-30 7 21 Light Mustard: Black P 20-30 3 7 Light KNO 3 India P 20-30 3 7 Light Prechill at 10 °C for 7 days and test for 5 days; KNO 3 White P 20-30 3 5 Light Napiergrass B, T 20-30 3 10 Needlegrass, green: Method 1 P 15-30 7 14 H 2 4 3 Method 2 P 15-30 7 14 KNO 3 Oat B, T, S 20; 15 5 10 Prechill at 5 or 10 °C for 5 days and test for 7 days or predry and test for 10 days. Oatgrass, tall P 20-30 6 14 Light Orchardgrass P, TS 15-25 7 21 Light; germination more rapid on soil Prechill at 5 or 10 °C for 7 days. Panicgrass, blue P, TS 20-30 7 28 Light Panicgrass, green P 15-35 10 28 Light; KNO 3 Pea, field B, T, S 20 3 1 Peanut B, T, S 20-30; 25 5 1 Remove shells Ethephon or ethylene; see ¶ (a) (10) and (11). Radish B, T 20 4 6 Rape: Annual B, T 20-30 3 7 Bird P 20-30 3 10 Light KNO 3 Turnip B, T 20-30 3 7 Winter B, T 20-30 3 7 Redtop P, TB 20-30 5 10 Light KNO 3 Rescuegrass P, S 10-30 7 28 Light; see ¶ (b)(8) for alternate method In soil at 15 °C. Rhodesgrass P 20-30 6 14 Light; KNO 3 Rice T, S 20-30; 30 5 14 See ¶ (b)(9) for alternate method Presoak; see ¶ (b)(9). Ricegrass, Indian P 15 7 42 Prechill at 5 °C for 4 weeks and test for 21 additional days; see § 201.57a. Alternate method S 5-15; 15; 15-25 7 28 Dark; prechill in soil at 5 °C for 4 weeks; see § 201.57a. Roughpea B, T 20 7 1 Rye B, T, S 20; 15 4 7 Prechill at 5 or 10 °C for 5 days or predry. Rye, mountain B, T 20; 15 4 7 See § 201.57a. Ryegrass: Annual P, TB 15-25 5 14 Light optional; see ¶ (b)(10) for fluorescence test Light; KNO 3 Intermediate P, TB 15-25 7 14 Light KNO 3 Perennial P, TB 15-25 5 14 Light optional; see ¶ (b)(10) for fluorescence test Light; KNO 3 Wimmera P, TB 15-25; 20-30 5 14 Light optional Light; KNO 3 Safflower P, B, T, S 15; 20 4 14 Light at 15 °C Sagewort, Louisiana P 15-25 7 14 Light Sainfoin B, T 20-30 4 1 Saltbush, fourwing B 20 5 14 See ¶ (b)(13) Prechill at 5 °C for 7 days. Alternate method B 15 21 Sesame B, T, TB 20-30 3 6 Sesbania B, T 20-30 5 1 Smilo P 20-30 7 42 Light Prechill at 5 °C for 2 weeks; see § 201.57a. Sorghum B, T, S 20-30 4 10 Prechill grain vars. at 5° or 10 °C for 5 days; test sweet vars. at 30-45 °C, maintaining 45 °C for 2-4 hours per day. Sorghum almum T, S 20-35; 15-35 5 21 Prechill at 5 °C for 5 days; on the 10th day of test, clip or pierce the distal end of ungerminated seeds. Sorghum-sudangrass B, T, S 20-30; 25 4 10 Prechill at 5 or 10 °C for 5 days. Sorgrass 2 B, T, S 15-35; 20-35 5 21 Prechill at 5 or 10 °C for 7 days. Sourclover B, T 20 3 1 See ¶ (b)(11) Soybean B, T, S, TC 20-30; 25 5 1 Spelt B, T, S 20; 15 4 7 Prechill at 5 or 10 °C for 5 days, or predry. Sudangrass B, T, S 20-30; 15-30 4 10 Prechill at 10 °C for 5 days. Sunflower T,B 20 4 7 Sweetclover: White B, T, S 20 4 1 See ¶ (b)(11) Yellow B, T, S 20 4 1 See ¶ (b)(11) Sweet vernalgrass P 20-30 6 14 Light Sweetvetch, northern B, TB, T 15-25; 20 14 1 Switchgrass P, TS 15-30 7 14 Light; KNO 3 Prechill at 5 °C for 2 weeks; see § 201.57a. Teff TB 20—30 4 7 KNO 3 Timothy P, TB 15-25; 20-30 5 10 Light; see ¶ (a)(9) KNO 3 Timothy, turf P, TB 15-25; 20-30 5 10 Light KNO 3 Tobacco P, TB 20-30 7 14 Light Trefoil: Big B, T 20 5 1 Birdsfoot B, P, T 20 5 1 Triticale B, T, S 20; 15 4 7 Prechill at 5 or 10 °C for 5 days, or predry. Vaseygrass P 20-35 7 21 Light KNO 3 Veldtgrass P 10-30 7 28 Light See § 201.57a. Velvetbean B, T, S, C 20-30 3 1 Velvetgrass P 20-30 6 14 Light Vetch: Common B, T 20 5 1 Hairy B, T 20 5 1 Hungarian B, T 20 5 1 Monantha B, T 20 5 1 Narrowleaf B, T 20 5 1 Purple B, T 20 5 1 Woollypod B, T 20 5 1 Prechill at 10 °C for 5 days, test at 15 °C. Wheat: Common B, T, S 20; 15 4 7 Prechill at 5 or 10 °C for 5 days, or predry. Club B, T, S 20; 15 4 7 Prechill at 5 or 10 °C for 5 days, or predry. Durum B, T, S 20; 15 4 10 Prechill at 5 or 10 °C for 5 days, or predry. Polish B, T, S 20; 15 4 7 Prechill at 5 or 10 °C for 5 days, or predry. Poulard B, T, S 20; 15 4 7 Prechill at 5 or 10 °C for 5 days, or predry. Wheat Agrotricum B, T, S 20; 15 4 7 Prechill at 5 or 10 °C for 5 days, or predry. Wheatgrass: Beardless P, TB 15-25 7 14 Light and KNO 3 KNO 3 Fairway crested P, TB 15-25; 20-30 5 14 Light and KNO 3 KNO 3 Standard crested P, TB 15-25; 20-30 5 14 Light and KNO 3 KNO 3 Intermediate P 15-25 5 28 Light and KNO 3 KNO 3 Alternate method P 20-30 5 28 Light Pubescent P 15-25 5 28 Light and KNO 3 KNO 3 Alternate method P 20-30 5 28 Light Siberian P, TB 15-25 7 14 Light and KNO 3 KNO 3 Slender P, TB 15-25; 10-30 5 14 Light and KNO 3 Prechill at 5 or 10 °C for 5 days; if still dormant on the 10th day, rechill 2 days, then place at 20-30 °C for 4 days. Streambank P, TB 15-25 5 14 Light and KNO 3 Prechill at 5 or 10 °C for 5 days. Tall P 15-25 5 21 Light and KNO 3 Prechill at 5 or 10 °C for 5 days. Alternate method P 20-30 5 21 Light Prechill at 5 or 10 °C for 5 days. Western B, P, T 15-30 7 28 Dark KNO 3 Wildrye: Basin P 15-25 10 21 See § 201.57a. Canada P 15-30 7 21 Light Prechill at 5 °C for 2 weeks. Russian P 20-30 5 14 Light Prechill at 5 or 10 °C for 5 days. VEGETABLE SEED Artichoke B, T 20-30 7 21 Asparagus B, T, S 20-30 7 21 Asparagusbean B, T, S 20-30 5 1 Bean: Garden B, T, S, TC 20-30; 25 None 1 See ¶ (b)(12). Lima B, T, C, S 20-30 5 1 Runner B, T, S 20-30 5 1 Beet B, T, S 20-30 3 14 See ¶ (b)(3) Broadbean S, C 20 4 1 See ¶ (b)(11) Prechill at 10 °C for 3 days. Broccoli B, P, T 20-30 3 10 Prechill at 5 or 10 °C for 3 days; KNO 3 Brussels Sprouts B, P, T 20-30 3 10 Prechill 5 days at 5 or 10 °C for 3 days; KNO 3 Burdock, great B, T 20-30 7 14 Cabbage B, P, T 20-30 3 10 Prechill at 5 or 10 °C for 3 days; KNO 3 Cabbage, Chinese B, T 20-30 3 7 Cabbage, tronchuda B, P 20-30 3 10 Prechill at 5 or 10 °C for 3 days; KNO 3 Cardoon B, T 20-30 7 21 Carrot B, T 20-30 6 14 Cauliflower B, P, T 20-30 3 10 Prechill at 5 or 10 °C for 3 days; KNO 3 Celeriac P 5-25; 20 10 21 Light; see ¶ (a)(9) Celery P 15-25; 20 10 21 Light; see ¶ (a)(9) Chard, Swiss B, T, S 20-30 3 14 See ¶ (b)(3) Chicory P, TS 20-30 5 14 Light; KNO 3 Chives B, T 20 6 14 Citron B, T 20-30 7 14 Soak seeds 6 hrs Test at 30 °C. Collards B, P, T 20-30 3 10 Prechill at 5 or 10 °C for 3 days; KNO 3 Corn, sweet B, T, S, TC 20-30; 25 4 7 Cornsalad B, T 15 7 28 Test at 10 °C. Cowpea B, T, S 20-30 5 1 Cress: Garden B, P, T 15 4 10 Light. Upland P, TB 20-35 4 7 Light; KNO 3 Water P 20-30 4 14 Light Cucumber B, T, S 20-30 3 7 Keep substratum on dry side; see ¶ (a)(3) Dandelion P, TB 20-30 7 21 Light; see ¶ (a)(9) Dill B, T 20-30 7 21 Eggplant P, TB, RB, T 20-30 7 14 Light; KNO 3 Endive P, TS 20-30 5 14 Light; KNO 3 See ¶ (b)(6). Gherkin, West India B, T, S 20-30 3 7 Test at 30 °C. Kale B, P, T 20-30 3 10 Prechill at 5° or 10 °C for 3 days; KNO 3 Kale, Chinese B, P, T 20-30 3 10 Prechill at 5 or 10 °C for 3 days; KNO 3 Kale, Siberian B, P, T 20-30; 20 3 7 Kohlrabi B, P, T 20-30 3 10 Prechill at 5 or 10 °C for 3 days; KNO 3 Leek B, T 20 6 14 Lettuce P 20 None 7 Light Prechill at 10 °C for 3 days or test at 15 °C. Melon B, T, S 20-30 4 10 Keep substratum on dry side; see ¶ (a)(3) Mustard, India P 20-30 3 7 Light Prechill at 10 °C for 7 days and test for 5 additional days; KNO 3 Mustard, spinach B, T 20-30 3 7 Okra B, T 20-30 4 1 Onion B, T 20 6 10 Alternate method S 20 6 12 Onion, Welsh B, T 20 6 10 Pak-choi B, T 20-30 3 7 Parsley B, T, TS 20-30 11 28 Parsnip B, T, TS 20-30 6 28 Pea B, T,S 20 5 1 Pepper TB, RB, T 20-30 6 14 Light and KNO 3 Pumpkin B, T, S 20-30 4 7 Keep substratum on dry side; see ¶ (a)(3) Radish B, T 20 4 6 Rhubarb TB, TS 20-30 7 21 Light Rutabaga B, T 20-30 3 14 Sage B, T, S 20-30 5 14 Salsify B, T 15 5 10 Prechill at 10 °C for 3 days. Savory, summer B, T 20-30 5 21 Sorrel P, TB, TS 20-30 3 14 Light Test at 15 °C. Soybean B, T, S, TC 20-30; 25 5 1 Spinach TB, T 15;10 7 21 Keep substratum on dry side; see ¶ (a)(3) Spinach, New Zealand T 15; 20 5 21 Soak fruits overnight (16 hrs), air dry 7 hrs; plant in very wet towels; do not rewater unless later counts exhibit drying out On 21st day scrape fruits and test for 7 additional days. Alternate method B, T 15 5 21 Remove pulp from basal end of fruit Squash B, T, S 20-30 4 7 Keep substratum on dry side; see ¶ (a)(3) Tomato B, P, RB, T 20-30 5 14 Light; KNO 3 Tomato, husk P, TB 20-30 7 28 Light; KNO 3 Turnip B, T 20-30 3 7 Watermelon B, T, S 20-30; 25 4 14 Keep substratum on dry side; see ¶ (a)(3) Test at 30 °C. 1 2 [20 FR 7928, Oct. 21, 1955] Editorial Note: For Federal Register www.govinfo.gov. examinations in the administration of the act § 201.58a Indistinguishable seeds. When the identification of the kind, variety, or type of seed or determination that seed is hybrid is not possible by seed characteristics, identification may be based upon the seedling, growing plant or mature plant characteristics according to such authentic information as is available. (a) Ryegrass. (1) Fluorescence results are to be determined as test fluorescence level (TFL) to two decimal places as follows: (2) The percentage of perennial ryegrass is calculated as follows: where VFL = Variety fluorescence level. (3) Using results from the above formula, the percentage of annual ryegrass is calculated as follows: % Annual Ryegrass = % Pure Ryegrass−% Perennial Ryegrass (4) If the test fluorescence level (TFL) of a perennial ryegrass is equal to or less than the variety fluorescence level (VFL) described for the variety, all pure ryegrass is considered to be perennial ryegrass and the formula is not applied. (5) If the test fluorescence level (TFL) of an annual ryegrass is equal to or greater than the variety fluorescence level (VFL) described for the variety, all pure ryegrass is considered to be annual ryegrass and the formula is not applied. (6) A list of variety fluorescence level (VFL) descriptions for perennial ryegrass varieties which are more than 0 percent fluorescent and annual ryegrass varieties which are less than 100 percent fluorescent is maintained and published by the National Grass Variety Review Board of the Association of Official Seed Certifying Agencies (AOSCA). If the variety being tested is not stated or the fluorescence level has not been described, the fluorescence level shall be considered to be 0 percent for perennial ryegrass and 100 percent for annual ryegrass. Both VFL (annual) and VFL (perennial) values must always be entered in the formula. If a perennial ryegrass variety is being tested, the VFL (annual) value is 100 percent. If an annual ryegrass variety is being tested, the VFL (perennial) value is 0 percent. For blends the fluorescence level shall be interpolated according to the portion of each variety claimed to be present. (b) Sweetclover. (1) Preparation of test solution: Add 3 grams of cupric sulfate (CuSO 4 4 3 4 4 2 4 4 4 (2) Preparation of seeds: To insure imbibition, scratch, prick, or otherwise scarify the seed coats of the sweetclover seeds being tested. Soak seeds in water for 2 to 5 hours in a glass container. (3) Chemical reaction: When seeds have imbibed, remove excess water and add enough test solution to cover the seeds. Seeds coats of yellow sweetclover will begin to stain dark brown to black; seed coats of white sweetclover will be olive or yellow-green. Make the separation within 20 minutes, since the seed coats of white sweetclover will eventually turn black also. (4) Calculation of results: Count the number of seeds which stain dark brown or black and divide by the total number of seeds tested; multiply by the pure seed percentage for Melilotus spp.; the result is the percentage of yellow sweetclover in the sample. The percentage of white sweetclover is found by subtracting the percentage of yellow sweetclover from the percentage of Melilotus spp. pure seed. (c) Wheat. 6 5 (1) Ivory. (2) Fawn. (3) Light Brown. (4) Brown. (5) Brown Black. (d) Soybean. 7 8 2 2 2 (e) Oat. [59 FR 64514, Dec. 14, 1994] Editorial Note: For Federal Register www.govinfo.gov. § 201.58b Origin. The presence of incidental weed seeds, foreign matter, or any other existing circumstances shall be considered in determining the origin of seed. [5 FR 35, Jan. 4, 1940. Redesignated at 20 FR 7940, Oct. 21, 1955] § 201.58c Detection of captan, mercury, or thiram on seed. The bioassay method may be used according to the procedure given in Association of Official Seed Analysts, Handbook No. 26, “Microbiological Assay of Fungicide-treated Seeds”, May 1964. [38 FR 12733, May 15, 1973] § 201.58d Fungal endophyte test. A fungal endophyte test may be used to determine the amount of fungal endophyte ( Acremonium (a) Method of preparation of aniline blue stain for use in testing grass seed and plant material for the presence of fungal endophyte: (1) Prepare a 1 percent aqueous aniline blue solution by dissolving 1 gram aniline blue in 100 ml distilled water. (2) Prepare the endophyte staining solution of one part of 1 percent aniline blue solution with 2 parts of 85 percent lactic acid (C 3 6 3 (3) Use stain as-is or dilute with water if staining is too dark. (b) Procedure for determining levels of fungal endophyte in grass seed: (1) Take a sub-sample of seed (1 gram is sufficient) from the pure seed portion of the kind under consideration. (2) Digest seed at room temperature for 12-16 hours in a 5 percent sodium hydroxide (NaOH) solution or other temperature/time combination resulting in adequate seed softening. (3) Rinse thoroughly in running tap water. (4) De-glume seeds and place on a microscope slide in a drop of endophyte staining solution. Slightly crush the seeds. Use caution to prevent carryover hyphae of fungal endophyte from one seed to another. (5) Place coverglass on seed and apply gentle pressure. (6) Examine with compound microscope at 100-400x magnification, scoring a seed as positive if any identifiable hyphae are present. (7) Various sample sizes may be used for this test. Precision changes with sample size; therefore, the test results must include the sample size tested. (c) Procedure for determining levels of fungal endophyte in seedlings from seed samples suspected to contain fungal endophyte: (1) Select seeds at random and germinate. (2) Examine seedlings from the sample germinated after growing for a minimum of 48 days. (3) Remove the outermost sheath from the seedling. Tissue should have no obvious discoloration from saprophytes and should have as little chlorophyll as possible. (4) Isolate a longitudinal section of leaf sheath approximately 3-5 mm in width. (5) Place the section on a microscope slide with the epidermis side down. (6) Stain immediately with the endophyte staining solution as prepared in paragraph (a) (2) and (3) of this section. Allow dye to remain at least 15 seconds but no more than one minute. (7) Blot off the excess dye with tissue paper. Sections should remain on the slide, but may adhere to the tissue paper; if so, remove and place in proper position on the slide. (8) Place a coverglass on the sections and flood with water. (9) Proceed with evaluation as described in paragraph (b) (6) and (7) of this section. [59 FR 64515, Dec. 14, 1994] tolerances § 201.59 Application. Tolerances shall be recognized between the percentages or rates of occurrence found by analysis, test, or examination in the administration of the Act and percentages or rates of occurrence required or stated as required by the Act. Tolerances for purity percentages and germination percentages provided for in §§ 201.60 and 201.63 shall be determined from the mean of (a) the results being compared, or (b) the result found by test and the figures shown on a label, or (c) the result found by test and a standard. All other tolerances, including tolerances for pure-live seed and fluorescence, and tolerances for purity based on 10 to 1,000 seeds, seedlings, or plants shall be determined from the result or results found in the administration of the Act. [5 FR 34, Jan. 4, 1940, as amended at 20 FR 7940, Oct. 21, 1955; 24 FR 3954, May 15, 1959; 35 FR 6108, Apr. 15, 1970; 85 FR 40583, July 7, 2020] § 201.60 Purity percentages. (a)(1) The tolerance for a given percentage of the purity components is the same whether for pure seed, other crop seed, weed seed, or inert matter. Wider tolerances are provided when 33 percent or more of the sample is composed of seed plus empty florets and/or empty spikelets of the following chaffy kinds: bentgrasses, bermudagrasses, bluegrasses, bluestems, bottlebrush- squirreltail, bromes, buffalograss, buffelgrass, carpetgrass, soft chess, dallisgrass, fescues, foxtails, galletagrass, guineagrass, gramas, molassesgrass, tall oatgrass, orchardgrass, redtop, rescuegrass, rhodesgrass, Indian ricegrass, ryegrasses, sweet vernalgrass, teff, vaseygrass, veldtgrass, wheatgrasses, wildryes, and yellow indiangrass. The wider tolerances do not apply to seed devoid of hulls. (2) To determine the tolerance for any purity percentage found in the administration of the Act, the percentage found is averaged (i) with that claimed or shown on a label or (ii) with a specified standard. The tolerance is found from this average. If more than one test is made, all except any test obviously in error shall be averaged and the result treated as a single percentage. (b) The tolerances found in columns C and D for the respective purity percentages shown in columns A and B of table No. 3 shall be used for (1) unmixed seed and (2) mixtures in which the particle-weight ratio is 1:1 to 1.49:1, inclusive. Tolerances for intermediate percentages not shown in table 3 shall be obtained by interpolation. Table 3—Tolerances for Any Component of a Purity Analysis for (1) Unmixed Seed or (2) Mixed Seed in Which the Particle Weight Ratio Is 1: 1 to 1.49: 1, Inclusive Average analysis (A) (B) Nonchaffy seeds (C) Chaffy seeds (D) 99.95-100.00 0.00-0.04 0.13 0.16 99.90-99.94 .05-.09 .20 .23 99.85-99.89 .10-.14 .24 .29 99.80-99.84 .15-.19 .28 .34 99.75-99.79 .20-.24 .32 .37 99.70-99.74 .25-.29 .35 .41 99.65-99.69 .30-.34 .37 .45 99.60-99.64 .35-.39 .40 .48 99.55-99.59 .40-.44 .42 .50 99.50-99.54 .45-.49 .44 .53 99.40-99.49 .50-.59 .47 .57 99.30-99.39 .60-.69 .51 .60 99.20-99.29 .70-.79 .54 .64 99.10-99.19 .80-.89 .57 .66 99.00-99.09 .90-.99 .59 .70 98.75-98.99 1.00-1.24 .64 .75 98.50-98.74 1.25-1.49 .71 .82 98.25-98.49 1.50-1.74 .76 .89 98.00-98.24 1.75-1.99 .82 .95 97.75-97.99 2.00-2.24 .87 1.01 97.50-97.74 2.25-2.49 .92 1.07 97.25-97.49 2.50-2.74 .96 1.12 97.00-97.24 2.75-2.99 1.00 1.17 96.50-96.99 3.00-3.49 1.06 1.24 96.00-96.49 3.50-3.99 1.14 1.34 95.50-95.99 4.00-4.49 1.21 1.41 95.00-95.49 4.50-4.99 1.27 1.49 94.00-94.99 5.00-5.99 1.36 1.60 93.00-93.99 6.00-6.99 1.47 1.73 92.00-92.99 7.00-7.99 1.58 1.85 91.00-91.99 8.00-8.99 1.67 1.96 90.00-90.99 9.00-9.99 1.75 2.06 88.00-89.99 10.00-11.99 1.87 2.19 86.00-87.99 12.00-13.99 2.01 2.36 84.00-85.99 14.00-15.99 2.14 2.51 82.00-83.99 16.00-17.99 2.24 2.64 80.00-81.99 18.00-19.99 2.35 2.76 78.00-79.99 20.00-21.99 2.44 2.86 76.00-77.99 22.00-23.99 2.52 2.96 74.00-75.99 24.00-25.99 2.59 3.04 72.00-73.99 26.00-27.99 2.65 3.12 70.00-71.99 28.00-29.99 2.71 3.19 65.00-69.99 30.00-34.99 2.80 3.29 60.00-64.99 35.00-39.99 2.89 3.40 50.00-59.99 40.00-49.99 2.96 3.48 (c) Tolerances calculated by the following formula shall be used for either chaffy or nonchaffy mixtures when the average particle-weight ratio is 1.5:1 to 20:1 and beyond: The symbols used in the formula are as follows: T = tolerance being calculated. A = percent which the weight of the component with the heavier average particle-weight is of the weight of both components. B = percent which the weight of the component with the lighter average particle-weight is of the weight of both components. H = average particle-weight for the component with the heavier average particle-weight. L = average particle-weight for the component with the lighter average particle-weight. R = ratio of the average particle-weight for the component with the heavier average particle-weight to the average particle-weight for the component with the lighter average particle-weight. R = H / L. T1 = regular tolerance for the kind of seed (chaffy or nonchaffy) and for (100B)/(B + A/R). In determining the values for A and B in the formula, the sample shall be regarded as composed of two parts: (1) The kind, type, or variety under consideration, and (2) All other components. Values for H and L shall be obtained from the last column of table 1, § 201.46, or by laboratory tests for inert matter, weed seeds, or other crop seeds where such values are not obtainable from table 1. In computing tolerances for nonchaffy kinds the values for T1 are taken from column C of table 3, and for chaffy kinds the values for T1 are taken from column D of table 3. [26 FR 10036, Oct. 26, 1961, as amended at 59 FR 64515, Dec. 14, 1994; 65 FR 1709, Jan. 11, 2000; 85 FR 40583, July 7, 2020] § 201.61 Fluorescence percentages in ryegrasses. Tolerances for 400-seed fluorescence tests shall be those set forth in the following table plus one-half the regular pure-seed tolerance determined in accordance with § 201.60. When only 200 seeds of a component in a mixture are tested, an additional 2 percent shall be added to the fluorescence tolerance. Fluorescence Tolerance, Based on Test Fluorescence (TFL) 100 99 1.0 98 1.6 97 2.0 96 2.3 95 2.6 94 2.9 93 3.2 92 3.4 91 3.6 90 3.8 89 4.0 88 4.1 87 4.3 86 4.5 85 4.7 84 4.8 83 4.9 82 5.0 81 5.2 80 5.3 79 5.4 78 5.5 77 5.6 76 5.7 75 5.8 74 5.8 73 5.9 72 6.0 71 6.1 70 6.2 69 6.2 68 6.3 67 6.3 66 6.4 65 6.5 64 6.5 63 6.5 62 6.6 61 6.6 60 6.7 59 6.7 58 6.8 57 6.8 56 6.8 55 6.8 54 6.9 53 6.9 52 6.9 51 6.9 50 6.9 49 6.9 48 6.9 47 6.9 46 6.9 45 6.9 44 6.9 43 6.9 42 6.9 41 6.9 40 6.9 39 6.8 38 6.8 37 6.8 36 6.8 35 6.7 34 6.7 33 6.7 32 6.6 31 6.6 30 6.5 29 6.5 28 6.4 27 6.4 26 6.3 25 6.2 24 6.2 23 6.1 22 6.0 21 5.9 20 5.8 19 5.7 18 5.6 17 5.5 16 5.4 15 5.3 14 5.2 13 5.0 12 4.9 11 4.7 10 4.6 9 4.4 8 4.2 7 4.0 6 3.7 5 3.5 4 3.2 3 2.8 2 2.4 1 1.8 0 1.0 [32 FR 12781, Sept. 6, 1967, as amended at 59 FR 64516, Dec. 14, 1994; 85 FR 40583, July 7, 2020] § 201.62 Tests for determination of percentages of kind, variety, type, hybrid, or offtype. Tolerances for tests for determination of percentages of kind, variety, type, hybrid, or offtype shall be those set forth in the following table, added to one-half the required pure seed tol- erances determined in accordance with § 201.60, except that one-half the pure seed tolerance will not be applied in determining tolerances for hybrids labeled on the basis of the percentage of pure seed which is hybrid. Table 4—Tolerances for Purity Tests, When Results Are Based on 10 to 1,000 Seeds, Seedlings, or Plants Used in a Test Seed, seedling, or plant count percent Number of seeds, seedlings, or plants in tests 10 20 30 50 75 100 150 200 400 800 1,000 100 or 0 0 0 0 0 0 0 0 0 0 0 0 98 or 2 10.3 7.3 6.0 4.6 3.8 3.3 2.7 2.3 1.6 1.2 1.0 96 or 4 14.4 10.2 8.3 6.4 5.3 4.6 3.7 3.2 2.3 1.7 1.5 94 or 6 17.5 12.4 10.1 7.8 6.4 5.5 4.5 3.9 2.9 2.1 1.9 92 or 8 20.0 14.1 11.5 8.9 7.3 6.3 5.2 4.5 3.4 2.4 2.2 90 or 10 22.1 15.7 12.8 9.9 8.1 7.0 5.7 4.9 3.8 2.8 2.4 88 or 12 24.0 17.0 13.8 10.7 8.7 7.6 6.2 5.4 4.1 3.0 2.7 86 or 14 25.7 18.1 14.7 11.4 9.3 8.1 6.6 5.7 4.5 3.2 2.9 84 or 16 26.9 19.0 15.5 12.1 9.8 8.5 7.0 6.0 4.8 3.4 3.0 82 or 18 28.2 20.0 16.4 12.6 10.3 8.9 7.3 6.3 5.0 3.6 3.2 80 or 20 29.5 20.9 16.9 13.2 10.7 9.3 7.6 6.6 5.3 3.8 3.3 78 or 22 30.5 21.6 17.6 13.6 11.0 9.6 7.9 6.8 5.5 3.9 3.5 76 or 24 31.4 22.3 18.2 14.1 11.5 9.9 8.1 7.0 5.7 4.1 3.6 74 or 26 32.3 22.8 18.6 14.4 11.8 10.2 8.3 7.2 5.8 4.2 3.7 72 or 28 33.0 23.4 19.0 14.8 12.1 10.5 8.5 7.4 6.0 4.3 3.8 70 or 30 33.7 23.8 19.5 15.1 12.3 10.7 8.7 7.5 6.2 4.4 3.9 68 or 32 34.3 24.3 19.9 15.4 12.5 10.8 8.9 7.7 6.3 4.5 4.0 66 or 34 35.0 24.7 20.2 15.7 12.7 11.0 9.0 7.8 6.4 4.6 4.0 64 or 36 35.4 25.0 20.5 15.8 12.9 11.2 9.1 7.9 6.5 4.6 4.1 62 or 38 35.5 25.4 20.6 15.9 13.0 11.3 9.2 8.0 6.6 4.7 4.2 60 or 40 36.1 25.7 20.9 16.1 13.2 11.4 9.3 8.1 6.7 4.8 4.2 58 or 42 36.2 25.7 21.0 16.2 13.3 11.5 9.4 8.1 6.8 4.8 4.2 56 or 44 36.5 25.8 21.0 16.4 13.3 11.5 9.4 8.2 6.8 4.8 4.3 54 or 46 36.8 25.8 21.2 16.4 13.4 11.6 9.5 8.2 6.9 4.9 4.3 52 or 48 36.8 25.9 21.2 16.5 13.4 11.6 9.5 8.2 6.9 4.9 4.3 50 36.8 25.9 21.3 16.5 13.4 11.6 9.5 8.2 6.9 4.9 4.3 [32 FR 12781, Sept. 6, 1967, as amended at 33 FR 10841, July 31, 1968; 35 FR 6108, Apr. 15, 1970; 59 FR 64516, Dec. 14, 1994] § 201.63 Germination. The following tolerances are applicable to the percentage of germination and also to the sum of the germination plus the hard seed when 400 or more seeds are tested. Mean (See § 201.59) Tolerance 96 or over 5 90 or over but less than 96 6 80 or over but less than 90 7 70 or over but less than 80 8 60 or over but less than 70 9 Less than 60 10 When only 200 seeds of a component in a mixture are tested 2 percent shall be added to the above germination tolerances. [15 FR 2399, Apr. 28, 1950, as amended at 20 FR 7940, Oct. 21, 1955] § 201.64 Pure live seed. The tolerance for pure live seed shall be determined by applying the respective tolerances to the germination plus the hard seed and dormant seed, and the pure seed. [85 FR 40583, July 7, 2020] § 201.65 Noxious-weed seeds in interstate commerce. Tolerances for rates of occurrence of noxious-weed seeds shall be recognized and shall be applied to the number of noxious-weed seeds found by analysis in the quantity of seed specified for noxious-weed seed determinations in § 201.46, except as provided in § 201.16(b). Rates per pound or ounce must be converted to the equivalent number of seeds found in § 201.46, Table 1, Minimum weight for noxious-weed seed examination (grams). Some tolerances are listed in the following table. The number found as represented by the label or test (Column X) will be considered within tolerance if not more than the corresponding numbers in Column Y are found by analysis in the administration of the Act. For numbers of seed greater than those in the table, a tolerance based on a degree of certainty of 5 percent (P = 0.05) can be calculated by the formula, Y = X + 1.65√X + 0.03, where X is the number of seeds represented by the label or test and Y is the maximum number within tolerance. Number represented by label or test Maximum number within tolerances Number represented by label or test Maximum number within tolerances Number represented by label or test Maximum number within tolerances (X) (Y) (X) (Y) (X) (Y) 0 2 34 43 68 81 1 2 35 44 69 82 2 4 36 45 70 83 3 5 37 46 71 84 4 7 38 47 72 85 5 8 39 49 73 86 6 9 40 50 74 87 7 11 41 51 75 89 8 12 42 52 76 90 9 13 43 53 77 91 10 14 44 54 78 92 11 16 45 55 79 93 12 17 46 56 80 94 13 18 47 58 81 95 14 19 48 59 82 96 15 21 49 60 83 97 16 22 50 61 84 98 17 23 51 62 85 99 18 24 52 63 86 101 19 25 53 64 87 102 20 27 54 65 88 103 21 28 55 67 89 104 22 29 56 68 90 105 23 30 57 69 91 106 24 31 58 70 92 107 25 32 59 71 93 108 26 34 60 72 94 109 27 35 61 73 95 110 28 36 62 74 96 111 29 37 63 75 97 112 30 38 64 76 98 114 31 39 65 78 99 115 32 41 66 79 100 116 33 42 67 80 [76 FR 31794, June 2, 2011] § 201.66 [Reserved] Certified Seed § 201.67 Seed certifying agency standards and procedures. In order to qualify as a seed certifying agency for purposes of section 101(a)(25) of the Federal Seed Act (7 U.S.C. 1551(a)(25)) an agency must enforce standards and procedures, as conditions for its certification of seed, that meet or exceed the standards and procedures specified in § 201.68 through 201.78. [38 FR 25662, Sept. 14, 1973] § 201.68 Eligibility requirements for certification of varieties. When a seed originator, developer, owner of the variety, or agent thereof requests eligibility for certification, the certification agency shall require the person to provide the following information upon request: (a) The name of the variety. (b) A statement concerning the variety's origin and the breeding or reproductive stabilization procedures used in its development. (c) A detailed description of the morphological, physiological, and other characteristics of the plants and seed that distinguish it from other varieties. (d) Evidence supporting the identity of the variety, such as comparative yield data, insect and disease resistance, or other factors supporting the identity of the variety. (e) A statement delineating the geographic area or areas of adaptation of the variety. (f) A statement on the plans and procedures for the maintenance of seed classes, including the number of generations through which the variety may be multiplied. (g) A description of the manner in which the variety is constituted when a particular cycle of reproduction or multiplication is specified. (h) Any additional restrictions on the variety, specified by the breeder, with respect to geographic area of seed production, age of stand or other factors affecting genetic purity. (i) A sample of seed representative of the variety as marketed. [38 FR 25662, Sept. 14, 1973, as amended at 85 FR 40583, July 7, 2020] § 201.69 Classes of certified seed. (a) Classes of certified seed are as follows: (1) Breeder. (2) Foundation. (3) Registered. (4) Certified. [38 FR 25662, Sept. 14, 1973] § 201.70 Limitations of generations for certified seed. The number of generations through which a variety may be multiplied shall be limited to that specified by the originating breeder or owner and shall not exceed two generations beyond the Foundation seed class with the following exceptions which may be made with the permission of the originating or sponsoring plant breeder, institution, or his designee: (a) Recertification of the Certified class may be permitted when no Foundation or Registered seed is being maintained; or (b) The production of an additional generation of the Certified class may be permitted on a 1-year basis only, when an emergency is declared by any official seed certifying agency stating that the Foundation and Registered seed supplies are not adequate to plant the needed Certified acreage of the variety. The additional generation of Certified seed to meet the emergency need is ineligible for recertification. [38 FR 25662, Sept. 14, 1973; 38 FR 26800, Sept. 26, 1973, as amended at 46 FR 53639, Oct. 29, 1981; 86 FR 40853, July 7, 2020] § 201.71 Establishing the source of all classes of certified seed. The certifying agency shall have evidence of the class and source of seed used to plant each crop being considered for certification. [38 FR 25662, Sept. 14, 1973] § 201.72 Production of all classes of certified seed. (a) Each certifying agency shall determine that genetic purity and identity are maintained at all stages of certification including seeding, harvesting, processing, and labeling of the seed. (b) The unit of certification shall be a clearly defined field or fields. (c) One or more field inspections shall be made (1) previous to the time a seed crop of any class of certified seed is to be harvested, and (2) when genetic purity and identity can best be determined. The field shall be in suitable condition to permit an adequate inspection to determine genetic purity and identity. (d) A certification sample shall be drawn in a manner approved by the certifying agency from each cleaned lot of seed eligible for certification. Evidence that any lot of seed has not been protected from contamination which might affect genetic purity, or is not properly identified, shall be cause for possible rejection of certification. [38 FR 25662, Sept. 14, 1973] § 201.73 Processors and processing of all classes of certified seed. The following requirements must be met by processors of all classes of certified seed: (a) Facilities shall be available to perform processing without introducing admixtures. (b) Identity of the seed must be maintained at all times. (c) Records of all operations relating to certification shall be complete and adequate to account for all incoming seed and final disposition of seed. (d) Processors shall permit inspection by the certifying agency of all records pertaining to all classes of certified seed. (e) Processors shall designate an individual who shall be responsible to the certifying agency for performing such duties as may be required by the certifying agency. (f) Seed lots of the same variety and class may be blended and the class retained. If lots of different classes are blended, the lowest class shall be applied to the resultant blend. Such blending can only be done when authorized by the certifying agency. [38 FR 25662, Sept. 14, 1973] § 201.74 Labeling of all classes of certified seed. (a) All classes of certified seed when offered for sale shall have an official certification label affixed to each container clearly identifying the certifying agency, the lot number or other identification, the variety name, and the kind and class of seed. (b) In the case of seed sold in bulk, the invoice or accompanying document shall identify the certifying agency, the crop kind, variety, class of seed, and the lot number or other identification. (c) The official certification label may be printed directly on the container when an accounting of the containers is required by the certifying agency. The seed lot number or other identification number, the kind, and variety name shall appear on the official label and/or directly on the container in a position to be viewed in conjunction with the official certification label. (d) Labels other than those printed on the containers shall be attached to containers in a manner that prevents removal and reattachment without tampering being obvious. [38 FR 25662, Sept. 14, 1973, as amended at 46 FR 53639, Oct. 29, 1981; 65 FR 1709, Jan. 11, 2000; 76 FR 31795, June 2, 2011; 85 FR 40583, July 7, 2020] § 201.75 Interagency certification. Interagency certification may be accomplished by participation of more than one official certifying agency in performing the services required to certify a lot of seed. (a) The certifying agency issuing labels for all classes of certified seed shall require the seed on which the labels are used to meet standards at least equal to the minimum genetic standards for the seed in question as specified in Table 5 of this part. (b) Seed to be recognized for interagency certification must be received in containers carrying official certification labels, or if shipped for processing, evidence of its eligibility from another official certifying agency, together with the following information: (1) Variety and kind; (2) Quantity of seed (pounds or bushels); (3) Class of certified seed; (4) Inspection or lot number traceable to the previous certifying agency's records. (c) Each label used in interagency certification shall be serially numbered or carry the certification identity number and clearly identify the certifying agencies involved, the variety, and the kind and class of seed. The seed lot number or other identification number, the kind, and variety name shall appear on the official label and/or directly on the container in a position to be viewed in conjunction with the official certification label. [38 FR 25662, Sept. 14, 1973; 38 FR 26800, Sept. 26, 1973, as amended at 65 FR 1710, Jan. 11, 2000; 76 FR 31795, June 2, 2011; 85 FR 40583, July 7, 2020] § 201.76 Minimum Land, Isolation, Field, and Seed Standards. In the following Table 5 the figures in the “Land” column indicate the number of years that must elapse between the destruction of a stand of a kind and establishment of a stand of a specified class of a variety of the same kind. A certification agency may grant a variance in the land cropping history in specific circumstances where cultural practices have been proven adequate to maintain genetic purity. The figures in “Isolation” column indicate the distance in feet from any contaminating source. The figures in the “Field” column indicate the minimum number of plants or heads in which one plant or head of another variety is permitted. The figure in the “Seed” column indicate the maximum percentage of seed of other varieties or off-types permitted in the cleaned seed. Table 5 Crop Foundation Registered Certified Land Isolation Field Seed Land Isolation Field Seed Land Isolation Field Seed Alfalfa: Non hybrid 1 44 48 59 1,000 0.1 1 3 44 48 59 400 0.25 1 2 44 49 59 100 1.0 Hybrid 1 43 59 42 0.1 1 2 3 43 44 59 42 1.0 Barley: Non hybrid 7 23 3,000 0.05 7 23 2,000 0.1 7 23 1,000 0.2 Hybrid 30 21 32 59 3,000 0.05 30 21 32 59 2,000 0.1 30 21 32 59 1,000 55 Hybrid (Chemically assisted) 57 52 53 59 54 0.2 Bean: Field and garden 7 23 2,000 0.05 7 23 1,000 0.1 7 23 400 0.2 Mung 7 23 1,000 0.1 7 23 500 0.2 7 23 200 0.5 Broad bean 7 23 2,000 0.05 7 23 1,000 0.1 7 23 500 0.2 Buckwheat 7 660 59 3,000 0.05 7 660 59 2,000 0.1 7 660 59 1,000 0.2 Camelina 8 61 59 5,000 0.1 8 61 59 2,000 0.2 8 61 59 1,000 0.3 Chickpea 7 23 10,000 0.1 7 23 2,000 0.2 7 23 1,000 0.2 Clover all kinds 1 9 5 18 44 59 1,000 0.1 1 9 5 18 44 59 400 0.25 1 9 18 44 59 100 1.0 Corn: Foundation back cross 0 10 11 59 13 46 15 Inbred 0 10 11 59 13 46 15 Foundation single cross 0 10 11 59 13 46 15 Hybrid 0 11 12 59 1,000 0.5 Open-pollinated 0 11 12 59 200 0.5 Sweet 0 11 14 59 0.5 Cotton 0 19 10,000 0.03 0 19 5,000 0.05 0 19 1,000 0.1 Hybrid (Chemically assisted) 0 19 10,000 0.03 0 2,640 59 1,320 0.1 Cowpea 7 23 2,000 0.1 7 23 1,000 0.2 7 23 500 0.5 Crambe 7 660 59 2,000 0.05 7 24 59 1,000 0.1 7 24 59 500 0.25 Crownvetch 1 5 44 59 1,000 0.1 1 5 44 59 400 0.25 1 6 44 59 100 1.0 Flatpea 1 5 44 59 1,000 0.1 1 3 5 44 59 400 0.25 1 2 3 44 59 100 1.0 Flax 7 23 5,000 0.05 7 23 2,000 0.1 7 23 1,000 0.2 Grasses: Cross-pollinated 57 4 18 20 59 1,000 0.1 8 57 4 18 20 59 100 1.0 8 57 4 18 20 58 59 50 47 50 Strains at least 80 percent apomictic and highly self-fertile species 57 4 18 20 1,000 0.1 8 57 4 18 20 100 1.0 9 57 4 18 20 58 50 16 ( 59 ( 59 ( 59 Hemp 63 63 63 63 63 63 63 63 63 63 63 63 Lespedeza 1 4 59 1,000 0.1 1 4 59 400 0.25 1 4 59 100 1.0 Millet: Cross-pollinated 8 40 59 27 0.005 8 40 59 27 0.01 8 40 59 27 0.02 Self-pollinated 8 23 3,000 0.05 8 23 2,000 0.1 8 23 1,000 0.2 Mustard 4 1,320 59 2,000 0.05 2 24 59 500 0.25 Oat 7 23 3,000 0.2 7 23 2,000 0.3 7 23 1,000 0.5 Okra 7 1,320 59 27 0.0 7 1,320 59 27 0.5 7 825 59 27 1.0 Onion 7 5,280 59 22 0.0 7 2,640 59 22 22 7 1,320 59 22 22 Pea, field 7 23 2,000 0.05 7 23 1,000 0.1 7 23 500 0.2 Peanut 7 23 1,000 0.1 7 23 500 0.2 7 23 200 0.5 Pepper 7 25 59 0 0.0 7 25 59 300 0.5 7 25 59 150 1.0 Radish 60 1,320 ( 59 0 0.05 60 1,320 ( 59 1,000 0.1 60 660 ( 59 500 0.25 Rape: Cross-pollinated 4 24 59 2,000 0.05 2 24 59 500 0.25 Self-pollinated 4 24 59 2,000 0.05 2 24 59 500 0.25 Rice 7 39 59 10,000 0.05 7 39 59 5,000 0.1 7 39 59 1,000 0.2 Rye 7 18 59 3,000 0.05 7 18 59 2,000 0.1 7 18 59 1,000 0.2 Safflower 7 1,320 59 10,000 0.01 7 1,320 59 2,000 0.05 7 1,320 59 1,000 0.1 Sainfoin 1 5 44 59 1,000 0.1 1 5 44 59 400 0.25 1 6 44 59 100 1.0 Sorghum: Nonhybrid 7 900 59 27 0.005 7 990 59 27 0.01 7 29 59 27 0.05 Hybrid seedstock 7 990 59 27 0.005 Commercial hybrid 7 21 29 31 59 27 0.1 Soybean 23 23 1,000 0.1 33 23 500 0.2 33 23 200 0.5 Sunflower: Nonhybrid 1 41 45 59 200 0.02 1 41 45 59 200 0.02 1 41 45 59 200 34 Hybrid 1 41 45 59 35 56 1 41 45 59 35 34 56 Sunn hemp 7 1,320 ( 59 62 0.1 7 660 ( 59 62 0.25 7 330 ( 59 62 0.5 Tomato 7 25 59 0 0 7 25 59 300 0.5 7 25 59 150 1.0 Tobacco: Nonhybrid 36 37 59 0 0.01 36 37 59 0 0.01 36 37 59 0 0.01 Hybrid 36 38 59 0 0.01 Trefoil, birdsfoot 1 5 44 59 1,000 0.1 1 5 44 59 400 0.25 1 6 44 59 100 1.0 Triticale 7 23 3,000 0.05 7 23 2,000 0.1 7 23 1,000 0.2 Vetch 1 7 17 44 59 1,000 0.1 1 7 17 44 59 400 0.25 1 7 17 44 59 100 1.0 Vetch, milk 1 5 44 59 2,000 0.05 1 5 44 59 1,000 0.1 1 44 59 200 0.5 Watermelon 7 26 59 28 0 7 26 59 28 0.5 7 26 28 1.0 Wheat: Nonhybrid 7 23 3,000 0.05 7 23 2,000 0.1 7 23 1,000 0.2 Hybrid 30 21 32 59 3,000 0.05 30 21 32 59 2,000 0.1 30 21 32 59 1,000 0.2 Hybrid (Chemically assisted) 51 52 53 59 54 55 1 2 3 4 5 6 7 8 9 10 11 12 Minimum distance from contaminant Minimum Numbers of Border Rows Required Field size, up to 20 acres (8ha) Field size, 20 acres (8ha) or more 410 (124.97m) 0 0 370 (112.78m) 2 (0.8ha) 1 (0.4ha) 330 (100.59m) 4 (1.6ha) 2 (0.8ha) 290 (88.39m) 6 (2.4ha) 3 (1.2ha) 245 (74.68m) 8 (3.2ha) 4 (1.6ha) 205 (62.48m) 10 (4.0ha) 5 (2.0ha) 165 (50.29m) 12 (4.8ha) 6 (2.4ha) 125 (38.10m) 14 (5.6ha) 7 (2.8ha) 85 (25.91m) 16 (6.4ha) 8 (3.2ha) 0 Not permitted 10 (4.0ha) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Foundation Registered Certified Millet 1:10,000 1:5,000 1:2,500 Sorghum: Nonhybrid 1:20,000 1:10,000 1:1,000 Hybrid 1:20,000 NA 1:1,000 Okra None 1:750 1:500 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Helianthus similes, H. ludens, H. agrestis. 42 43 44 45 46 47 48 49 50 51 52 Minimum distance from contaminant Pollen (parent border) Feet Meters Feet Meters 330 100.59 0 0 275 83.82 15 4.57 215 65.53 25 7.62 160 48.77 35 10.67 100 30.48 50 15.24 53 54 55 56 [For non-oil types, seed which contains not more than 15 percent sterile plants may be certified. If it contains 85 percent-95 percent hybrid plants, the percentage of hybrid shall be shown on the certification label] Factor Maximum Permitted Hybrid (percent) Inbred (percent) Sterile Plants 5.0 Sterile or Fertile Plants 5.0 Morphological Variants 0.5 0.5 Wild Types 0.2 0.2 Total (including above types) 5.0 5.0 57 58 59 60 61 62 63 [59 FR 64516, Dec. 14, 1994, as amended at 65 FR 1710, Jan. 11, 2000; 85 FR 40583, July 7, 2020] Additional Requirements for the Certification of Plant Materials of Certain Crops § 201.77 Length of stand requirements. (a) Alfalfa. (b) Red clover. (c) White and alsike clover. (d) Sainfoin. [38 FR 25664, Sept. 14, 1973] § 201.78 Pollen control for hybrids. (a) Wheat and barley. (b) Corn. (c) Sorghum. (d) Sunflowers. (e) Hybrid alfalfa. [38 FR 25664, Sept. 14, 1973, as amended at 41 FR 20158, May 17, 1976; 85 FR 40584, July 7, 2020]

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