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PA Bulletin, Doc. No. 09-924



[ 7 PA. CODE CH. 115 ]

Standards for Seed Certification

[39 Pa.B. 2577]
[Saturday, May 23, 2009]

   The Department of Agriculture (Department) amends Chapter 115 (relating to standards for seed certification) to read as set forth in Annex A.

Statutory Authority

   The Department, under the authority of 3 Pa.C.S. Chapter 71 (relating to the Seed Act) (act) and under the specific authority of sections 7111 and 7117 of the act (relating to powers and duties of secretary and department; and rules and regulations) amends Chapter 115. The act replaces The Pennsylvania Seed Act of 1965 (3 P. S. §§ 285-1--285-11).

   Section 7111 of the act authorizes and empowers the Department to enforce the provisions of the act and to ''. . . prescribe, modify and enforce such reasonable rules, regulations, standards, tolerances and orders as in the judgment of the secretary shall be necessary to carry out the provisions of [the act].'' See 3 Pa.C.S. § 7111(a). In addition, section 7111 of the act establishes specific powers and duties of the Department and provides for delegation of such authority. See 3 Pa.C.S. § 7111(b) and (c). Section 7117 of the act specifically delineates that the Department ''. . . shall promulgate and enforce rules and regulations necessary for administration and implementation of [the act].'' See 3 Pa.C.S. § 7117. Consistent with that authority and to institute regulations which are consistent with the provisions of the act, the Department is amending Chapter 115.

Purpose of the Final-Form Regulation

   The regulations are required to establish regulations which are consistent with the act. The promulgation and implementation of these amended regulations is necessary to comply with the act. The amended regulations will be in compliance with the new act and will eliminate incompatibility and redundancy that occurs with the act and the current regulations. In addition, changes in the regulation are proposed to conform to changes in the Federal Seed Act and Regulations Part 201.67--201.78, the Crop Standards and Procedures of the Association of Official Seed Certifying Agencies (AOSCA), and the new USDA State National Harmonization Program For Seed Potatoes.

   The regulations were developed to ensure that the public health, safety and environment of the citizens of this Commonwealth are not negatively impacted by the marketing and use of certified seed. These regulations ensure that certified seed that farmers are purchasing and planting are true to their identity and meet established standards. Farmers and seed distributors buying, planting and selling certified seed will benefit from these regulations which will ensure good quality, clean seed with integrity of variety.

Comment and Responses

   Interested persons were invited to submit written comments regarding the proposed regulations within 30 days following publication at 38 Pa.B. 2256 (May 17, 2008). The Department received only one comment on the proposed regulations. The comment was from PennAg Industry and set forth its approval and support of the proposed amendments to the regulations at Chapter 115. The Department sent a letter to PennAg Industry informing it of the right to receive a copy of the final-form regulations. The Department received no comments from the Independent Regulatory Review Commission (IRRC). Because the comment received was positive and requested no changes to the proposed regulations, the Department has made no changes from the proposed regulations to the final-form regulation.

   The Comment and Response will be published in the Pennsylvania Bulletin as part of this final-form Preamble and along with the Annex A. The Department will also make the regulation, including this Preamble and the Annex A available for review on the Department's web site at Individuals who would like to request a hard copy of the Annex A or Preamble may call Joe Garvey in the Department of Agriculture, Bureau of Plant Industry at (717) 787-4894.


   PennAg Industries Association (PennAg) submitted a comment letter for these regulations in which PennAg expressed its support of the proposed regulations. PennAg appreciated the acknowledgement the Department gave the PennAg Seed Council in the regulations. PennAg stated that the regulations would continue to provide more uniformity within the seed industry, therefore benefiting the seed producers and marketers and consumers purchasing and using the products. PennAg also mentioned that the provisions in this chapter are part of a National seed industry initiative working toward the adoption of Recommended Uniform State Seed Laws (RUSSL). Along with RUSSL, the proposed regulations would allow for compliance and continuity with Federal seed regulation, the United States Department of Agriculture's Animal and Plant Health Inspection Service National harmonization program and certification standards of the Association of Official Seed Certifying Agencies. The proposed regulations would allow Pennsylvania's seed industry to remain part of the competitive seed market.


   The Department acknowledged PennAg's comment in writing. The Department appreciates PennAg's support of the regulations. No changes were made to the proposed regulations.

Fiscal Impact


   The final-form regulations will not impose additional fiscal impact upon the Commonwealth. The fee schedule and all associated fees are now established in the act. There are no new costs associated with these regulations. There are no adverse affects or costs associated with amending the regulations. The amended regulations create uniformity and consistency with the act. There will be no costs or savings to State government. There are no additional State government staff resources necessary to implement these regulations.

Political Subdivisions

   Local government is not associated with the implementation or enforcement of these regulations. Therefore, the final-form regulations will impose no additional work or costs and have no fiscal impact upon any political subdivision. The regulations will impose no additional burden of enforcement on political subdivisions.

Private Sector

   The final-form regulations will impose no additional costs on the private sector. The fee schedule and all associated fees are now established in the Seed Act.

General Public

   The final-form regulations will impose no direct costs and have no fiscal impact on the general public. Farmers and seed distributors buying, planting and selling certified seed will benefit from these regulations which will insure good quality, clean seed with integrity of variety, as well as, consistency with the requirements of the act and the Federal Seed Act and Regulations Part 201.67--201.78, the Crop Standards and Procedures of the AOSCA, and the new USDA State National Harmonization Program for Seed Potatoes.

Paperwork Requirements

   The final-form regulations will not result in any increase in paperwork. Review and administrative procedures will be very similar to the existing system overseen by the Department.

Effective Date

   Compliance with the rulemaking is required 30 days after publication of these regulations.

Additional Information

   Further information is available by contacting the Department of Agriculture, Bureau of Plant Industry, 2301 North Cameron Street, Harrisburg, PA 17110-9408; Attn: Joe Garvey at (717) 787-4894.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of the notice of proposed rulemaking published at 38 Pa.B. 2256 on May 2, 2008, to IRRC and to the Chairpersons of the House and Senate Agriculture and Rural Affairs Committees (Committees) for review and comment.

   In compliance with section 5(b) of the Regulatory Review Act, the Department also provided IRRC and the Committees with copies of all comments received. In preparing these final-form regulations, the Department has considered all comments received from the Commission, the Committees and the public.

   These final-form regulations were deemed approved by the Committees on April 1, 2009. Under section 5(g) of the Regulatory Review Act, the final-form regulations were deemed approved by IRRC effective April 1, 2009.


   The Department finds that:

   (1)  Public notice of intention to adopt this final-form regulation has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and their attendant regulations at 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).

   (2)  A public comment period was provided as required by law and all comments received were considered.

   (3)  No modifications to this regulation in response to comments received were necessary or made and therefore there is no enlargement of the purpose of the proposed regulation published at 38 Pa.B. 2256.

   (4)  The adoption of the regulation in the manner provided in this order is necessary and appropriate for the administration of the authorizing statute.


   The Department, acting under the authorizing statute, orders the following:

   (1)  The regulations of the Department, 7 Pa. Code Chapter 115 are amended by amending §§ 115.71, 115.82, 115.211, 115.271, 115.282, 115.283, 115.293, 115.321 and 115.444; by deleting § 115.302; and by adding §§ 115.451--115.465 to read as set for in Annex A, with ellipses referring to the existing text of the regulations.

   (2)  The Secretary of Agriculture shall submit this order and Annex A to the Office of General Counsel and Office of Attorney General for approval as required by law.

   (3)  The Secretary of Agriculture shall certify and deposit this order and Annex A with the Legislative Reference Bureau as required by law.

   (4)  This order shall take effect June 22, 2009.


   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission relating to this document, see 39 Pa.B. 2064 (April 18, 2009).)

   Fiscal Note:  Fiscal Note 2-158 remains valid for the final adoption of the subject regulation.

Annex A






§ 115.71.  Definitions.

   The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Commercial hybrid field corn--Corn planted for the production of corn for food or feed purposes, or for other commercial or farm use except for seed. It may consist of any one of the following:

   (i)   Double-Cross--The first generation of a cross between two single crosses.

   (ii)  Three-way or Line Cross--The first generation of a cross between a single cross and an inbred line.

   (iii)  Single-Cross--A first generation cross between two inbred lines to be used for commercial production and not for the production of double, three-way and line crosses.

   (iv)  Top Cross--The first generation hybrid of a cross between an inbred line and an open-pollinated variety or the first generation hybrid between a single cross and an open-pollinated variety.

   (v)  Inbred line--A relatively true-breeding strain resulting from at least five successive generations of controlled self-fertilization or of backcrossing to a recurrent parent with selection, or its equivalent, for specific characteristics.

   (vi)  Open-pollination--Pollination that occurs naturally as opposed to controlled pollination, such as by detasseling, cytoplasmic male sterility, self-incompatibility or similar processes.

   Pollen-shedding tassels--Tassels on main plants, portions of tassels or sucker tassels when 2 inches or more of the exposed central stem, side branches or a combination of the two have the anthers extended from the glumes.

   Receptive silk--Any fresh turgid silk.


§ 115.82.  Isolation requirements.

   (a)  Fields in which commercial hybrid field corn are being produced shall be so located that the female, or seed parent is not less than 660 feet from other corn of a different kernel color or type (field, sweet, pop, flint, white or red) in all directions, including the diagonal.

   (b)  Small areas (not larger than 1% of the area of the seed producing field) of corn, closer than 660 feet to the seed producing field will not be considered contaminating, if the pollen is controlled. Failure to properly control pollen shedding of the small areas shall be cause for rejection.

   (c)  Large areas (greater than 1% of the area of the seed producing field) of corn, closer than 660 feet to the seed producing field will be cut to the ground before the seed parent has 3% receptive silks. Where the contaminating corn is of the same type, then this distance may be modified by the size of the crossing field, and by the planting of border rows of pollen or male parent.

   (d)  The following table indicates the minimum number of border rows required for fields of various sizes, when located at different distances from other corn:

MinimumMinimum Numbers of Male Border
DistanceRows Required
0-20 Acres >20 Acres
660 0 0
570 4 2
490 6 2
410 8 4
330 10 6
270 12 8
210 14 10
150 16 12
90 18 14

   *minimum of 60` including border rows.

   **minimum of 40` including border rows.

   (e)  The requirements for outside male rows shall apply to all sides of the crossing-field exposed to contamination from other corn, except that a requirement for only two male rows may be disregarded where it would necessitate planting across the row-ends of the crossing-field.

   (f)  Border rows of male shall be adjacent to and not separated from the female rows.

   (g)  Sufficient seed of male should be obtained to plant the maximum number of outside male rows that would be required by any possible rearrangement of plantings by neighbors, or by the grower himself in planting nearby fields of corn. The plot should be insured against any changes.



§ 115.211. Seed standards.

   The following seed standards apply:

Certified Class
Pure Seed (minimum) 97%
Other crop seed 2%
*Weed seeds 1%
Inert matter (maximum) 3%
Germination (minimum) 70%

   *  A maximum of nine restricted noxious weed seeds per pound is allowed.

Subchapter J. POTATO


§ 115.271. Seed source.

   Seed potatoes grown in this Commonwealth will be limited to 8 generations. Foundation G7 is the minimum acceptable source to produce Certified G8. When out-of-State source is used, tags shall indicate generation. Signed documentation will be accepted in lieu of tag. Plantlets and mini-tubers entered shall come from an authorized source. Inspections of plantlets shall be made at the discretion of the certification office.


§ 115.282. Diseases.

   (a)  Potatoes other than Prenuclear seed potatoes. The Department will inspect fields of potatoes at least twice during the growing season. Other inspections, which may include digging, may be made. A final inspection shall be made at shipping time for grade.

   (1)  First field inspection will be made as early as possible to make accurate identification of diseases.

   (2)  Second or later inspections will take place at blossom time and before the vines are killed.

   (3)  Seed lots will be rejected if found to contain more than the following diseases:

Maximum Percent Allowed

Disease G1 & G2 G3 G4-G8
Mosaic .25 .5 2
Leaf Roll .25 .5 1
Spindle Tuber .25 .5 1
Yellow Dwarf .25 .5 1
Total Virus including
   Mosaic, Leaf Roll, Spindle
   Tuber and Yellow Dwarf
.50 1.0   3
Ring Rot .00   .00   .00

   (4)  Maximum percentages allowed for diseases other than those listed in paragraph (3) will be determined by the certification office after identification.

   (5)  Ring rot, also referred to as Clavibacter michiganense subsp. sepedonicum (synonym: Corynebac- terium sepedonicum), found at any time in bin or graded stock will be cause for rejection.

   (b)  Prenuclear seed potatoes. If Erwinia caratovora pv. caratovora, or Erwinia caratovora pv. atroseptica, or Clavibacter michiganense subsp. sepedonicum (synonym: Corynebacterium sepedonicum), or potato spindle tuber viroid, or potato leafroll virus, or potato virus A, M, S, X or Y is detected in a seed lot for which Prenuclear certification is sought, that particular seed lot will be rejected. Detection of virus vectors in a seed lot for which Prenuclear certification is sought will be grounds for rejection of the entire lot.

§ 115.283. Varietal mixtures.

   The maximum percentage of varietal mixture allowed is as follows:

Prenuclear 0%
G1   0%
G2   0%
G3 .25%
G4-G8 .25%


§ 115.293. Eligibility factors for tags.

   (a)  To be eligible to produce and tag generation 1 through 7 for recertification, the entire farm production shall be in the Certification Program.

   (b)  If the disease reading is too high for generation being produced, seed may be tagged the generation to match reading.

   (c)  Certification tags will be issued at shipping time. Tubers, including Prenuclear class tubers, shall meet Pennsylvania Certified Grade which is comparable to U. S. Grade No. 1 Seed Potatoes. Title 7 of the Code of Federal Regulations 51.3000--51.3006 (relating to United States Standards for Seed Potatoes) describes the applicable criteria which shall be met for tubers to be eligible for a Blue or White Tag. Exception will be made for tubers less than 1 1/2 inch in diameter (known as ''B'' 's) if size is noted on Blue or White Tag. Tubers, other than Prenuclear class tubers, that meet all certification requirements except grade or size, or both, are eligible for a Green Tag, subject to a Buyer-Seller agreement. Green tagged seed is not eligible for recertification.

Subchapter K. SMALL GRAIN


§ 115.302. (Reserved).

Subchapter L. SOD


§ 115.321. Preplanting.

   (a)  Certified sod shall be the vegetative increase of certified seed.

   (b)  Samples of seed shall be obtained by the certification office and checked before planting. Field boundaries shall be designated at the time of the preplanting inspection.

   (c)  The seed standards for sod quality grass seed are as follows:

Kind Minimum
Other Crop
Kentucky    Bluegrass 97% 80% .1% .02%
Red    Fescue* 98% 90% .1% .02%
Chewings    Fescue* 98% 90% .1% .02%
Hard    fescue* 98% 90% .1% .02%
Turf-type    perennial    ryegrass 98% 90% .1% .02%
Turf-type    tall    fescue 98% 90% .1% .02%

   * Hereafter referred to as fine fescue

   (1)  Kinds of grasses shall be free of big bluegrass, Canada bluegrass, smooth brome, reed canary grass and clover. A maximum of .02% Canada bluegrass is permitted in Kentucky bluegrass.

   (2)  A maximum of 2.0% other Kentucky bluegrass varieties is permitted in a named Kentucky bluegrass variety.

   (3)  Samples shall be free of prohibited noxious weed seeds and undesirable grass seeds.

   (4)  A sod seed analysis based on the rules of the Association of Official Seed Analysts, c/o Illinois State Seed Laboratory, Post Office Box 4906, 801 Sangamen Avenue, Springfield, Illinois 62706 and section 3 Pa.C.S. § 7104 (relating to labels and labeling) shall be the basis of determining seed standards.

   (5)  A maximum of 27 ryegrass seeds per pound will be permitted in tall fescue. Ryegrass seeds are not permitted in other kinds.

   (d)  To be eligible for certification, a turfgrass shall be planted on sites approved by the certification agency.

   (e)  On land recently inspected for a certified sod crop, the preplant inspection may be waived and no fee charged.

Subchapter S.  TREES


§ 115.444.  Harvesting.

   (a)  The following requirements apply to harvesting seed material:

   (1)  Certified or selected tree seed or fruit shall be collected directly from producing trees.

   (2)  Each container of seed or fruit shall be labeled with the name of the variety at all times.

   (3)  There shall be adequate safeguards against mixed identities at all times throughout processing and storage.

   (4)  Storage conditions shall maintain viability of the seed, according to requirements of the species.

   (5)  The analysis tag shall state the weight of seed in the container in addition to information required by 3 Pa.C.S. Chapter 71 (relating to the Seed Act).

*      *      *      *      *




115.453.Interagency standards and procedures.
115.454.Prior approval of cooperation.
115.455.Conditioner's application and requirements.
115.456.Conditioner's facilities.
115.457.Conditioner's required records.
115.458.Inspection of conditioning operations and records.
115.459.Appointment of responsible individual.
115.460.Sampling and testing by the Department.
115.461.Mixing procedures for certified turfgrass.
115.462.Minimum seed standards for interagency certification of turfgrass seed.
115.463.Interagency certification tags and tagging.
115.464.Rejection of interagency certification components' seed lots.

§ 115.451.  Purpose.

   (a)  The purpose of this subchapter is to provide a system for maintaining the genetic and mechanical purity of certified seed when repackaged or combined in mixtures of kinds and varieties.

   (b)  The requirements of this subchapter apply when the Department participates with an out-of-State certification agency in the seed certification process.

§ 115.452.  Definitions.

   In addition to the definitions found in § 113.1 (relating to definitions), the following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise:

   Component--A specific lot of a single variety that is used in a mixture.

   Interagency certified mixture--Different kinds or varieties of seed certified by the state of origin that have been mixed under the Department's supervision and found by the Department to have met the specific minimum seed standards in this subchapter.

   Mixing report--A form used by the Department to list each component of a specific mixture and the lots and amounts used in the mixture.

   Official sample--A sample taken by a representative of the Department using sampling techniques recognized by the Association of Official Seed Certifying Agencies.

   Sod quality--Seed which has met the quality standards established by the state of origin for use in cultivated sod and has been so labeled by the state of origin.

§ 115.453.  Interagency standards and procedures.

   (a)  Varieties eligible for interagency certification shall be those approved by a member of the Association of Official Seed Certifying Agencies.

   (b)  Only seed certification by member agencies of the Association of Official Seed Certifying Agencies or agencies recognized by it may be used in the interagency certification program.

   (c)  The seed certification standards as adopted by the Department for the kinds to be certified shall be applied to interagency certified seed. These standards are found in the provisions of this subchapter which relate to the kind of seed in question. In the absence of Pennsylvania standards, the seed standards of the State in which the seed was grown and certified shall be applied.

   (d)  Seed will not be recognized for final certification by the Department unless it is received in containers carrying documentary evidence of its eligibility supplied by another certifying agency including:

   (1)  Variety and kind.

   (2)  Amount of seed.

   (3)  Class of seed.

   (4)  Inspection or lot number traceable to the previous certifying agency's records.

§ 115.454.  Prior approval of cooperation.

   The Department will not require advance approval of another certifying agency to engage in interagency certification activities unless the original certifying agency prohibits or limits the certification by a statement on its tag.

§ 115.455. Conditioner's application and requirements.

   (a) Conditioners desiring interagency certification of seed shall apply annually to the Department and shall meet the requirements of this subchapter.

   (b) Conditioners shall notify the Department far enough in advance of the date of mixing to allow for sampling and testing of component lots by the Department.

   (c) Conditioners shall be responsible for all applicable fees for application, sampling and testing according to 3 Pa.C.S. Chapter 71 (relating to the Seed Act).

   (d) The identity of the seed shall be maintained at all times.

§ 115.456. Conditioner's facilities.

   (a)  Facilities shall be available to perform the function requested without introducing contaminants or admixtures.

   (b)  Equipment used for making mixtures of turf grasses shall have all areas which come into direct contact with the seed accessible for thorough cleaning by the conditioner and inspection by the Department.

§ 115.457. Conditioner's required records.

   (a)  Records of all movement of seed and procedures must be adequate to account for all incoming seed and seed that has passed final certification. The following records shall be included:

   (1)  Receiving records consisting of:

   (i)  Variety and kind.

   (ii)  Name and address of shipper.

   (iii)  Shipper's lot number or inspection number.

   (iv)  Date of shipment.

   (v)  Date received.

   (vi)  Weight received.

   (vii)  Receiving lot number assigned by consignee.

   (viii)  Name and address of delivering carrier.

   (2)  Records of mixing or rebagging consisting of:

   (i)  Variety and kind of each component.

   (ii)  Lot number of each component.

   (iii)  Lot number and name assigned to each mixture.

   (iv)  Weight of each bag and number of bags used in each component.

   (v)  Weight of each bag and number of bags in completed lot.

   (vi)  Date of mixing or rebagging.

   (3)  Disposition or stock records of completed lot consisting of:

   (i)  Name of mixture and lot number.

   (ii)  Weight of bags and number of bags in final lot.

   (iii)  Invoice number and weight of each shipment made from the lot.

   (iv)  Balance of lot remaining after each shipment.

   (4)  Invoice or other sales records consisting of:

   (i)  Name of mixture and lot number.

   (ii)  Name and address of buyer or consignee.

   (iii)  Date sold or shipped.

   (iv)  Number of bags and weight of bags sold or shipped.

   (b)  Conditioners shall permit inspection by the Department of all records of all lots of the kind of seed certified, including both certified and noncertified lots.

§ 115.458.  Inspection of conditioning operations and records.

   The Department will make as many inspections of both seed and records as may be required to ascertain that only seed meeting the requirements of this subchapter is labeled with interagency certification tags.

§ 115.459.  Appointment of responsible individual.

   Approved conditioners who have met the requirements in §§ 115.456--115.458 (relating to conditioner's facilities; conditioner's required records; and inspection of conditioning operations and records) shall designate an individual who shall be responsible to the Department for performing duties that may be required.

§ 115.460. Sampling and testing by the Department.

   (a)  When mixing lots of seed for certification, the conditioner shall use only lots of seed preapproved by the Department. Before approving of a lot, the Department will:

   (1)  Take an official sample of each component.

   (2)  Perform tests necessary to verify the eligibility of each component lot.

   (b)  After the different components have been mixed under the supervision of the Department, the conditioner shall permit the Department to take an official sample of each mixture to retain for reference.

   (c)  Samples of component lots and certified mixes will be retained by the Department for 3 years.

§ 115.461. Mixing procedures for certified turfgrass.

   (a)  Before mixing, the conditioner shall ensure that:

   (1)  Mixing equipment, pallets, scales and floor area adjacent to and around the mixing area are clean and free from seed and foreign material.

   (2)  Sufficient quantities of new containers are marked with the name of the mixture.

   (3)  Sufficient quantities of properly completed analysis tags are prepared.

   (4)  Analysis test reports for purity, germination and sod quality, if applicable, from the State-of-origin shall be supplied for the Department's records for each lot of each component used in the mixture.

   (5)  A mixing report shall be completed for the Department with the following information:

   (i)  The business name, address and phone number of the conditioner.

   (ii)  The lot number, State-of-origin and percentage of each component used.

   (iii)  The name, lot number and date of the mixture.

   (iv)  The weight of each package of the mixture and the total number of packages in the mixture.

   (v)  The starting and ending numbers of the certification labels used and the total number of certification labels issued.

   (vi)  A copy of the analysis label either printed on or attached to the report.

   (vii)  The signature of the designated representative of the conditioner and the signature of the Department's representative at the completion of the mixing and packaging process.

   (6)  Each component used is assembled in close proximity to the mixing area.

   (7)  Each container of each component is clean and sealed, with a certification tag attached.

   (8)  Damaged containers are not accepted.

   (9)  Sufficient personnel are available to complete the mixing process.

   (b)  Before mixing, a Department representative will do the following:

   (1)  Inspect the equipment for cleanliness.

   (2)  Inspect the mixing area for cleanliness.

   (3)  Inspect the new containers provided for the mixture to ensure that they are appropriate.

   (4)  Inspect the analysis tags for completeness and accuracy.

   (5)  Inspect each component to ensure that the correct lots are present in the proper amounts, and that all containers of seed to be used in certified mixtures bear a certification tag.

   (c)  A Department representative shall be present during the mixing process and supervise the loading and bagging of the mixed lot after the components have been thoroughly mixed for the appropriate length of time.

   (d)  A Department representative will have the sole responsibility to:

   (1)  Draw an official sample of the completed mixture.

   (2)  Determine whether the mixer should be cleaned before the next seed mixture is made.

§ 115.462. Minimum seed standards for interagency certification of turfgrass seed.

   (a)  Turfgrass mixtures intended for use in this Commonwealth, certified sod and other States-certified sod must meet the following requirements:

   (1)  Component lots shall be those designated as sod quality by the State-of-origin; the minimum seed standards found in § 115.321 (relating to preplanting); or the standards required by the state into which the mixture is to be shipped.

   (2)  Varieties and mixtures of varieties may be approved for use by the state in which they are to be shipped.

   (3)  It is the responsibility of the conditioner to inform the Department that a certain mixture is to comply with a certain states' standards.

   (4)  The seed analysis tag must bear the statement ''Eligible for Certified Sod,'' when appropriate.

   (b)  For certified mixtures made for sod growers, other than those in subsection (a), the components used shall be sod quality.

   (c)  The components for all other mixtures must comply with the following seed standards:

Kind Min. Purity Max. Other Varieties Min. Germ Max. Other Crop* Max. Weed+
Kentucky    Bluegrass 96% 2% 80% .25% .2%
Red    Fescues 97% 2% 85% .25% .2%
Hard    Fescues 97% 2% 85% .25% .2%
Tall Fescue 97% 2% 85% .25% .2%
Perennial    Ryegrass 97% 2% 85% .50% .2%
Bentgrass** 98% 3% 85% .25% .2%
Rough    Bluegrass 96% 2% 80% .25% .2%

   * Up to 18 seeds per pound is the maximum amount of the following species: Annual bluegrass (Poa annua), Big Bluegrass (Poa ampla), Rough bluegrass (Poa trivialis), Meadow fescue (Festuca elatior), Tall Fescue (F, arundinacea--except in lots containing tall fescue), Ryegrass (Lolium spp.--except in lots containing ryegrass), Bentgrass (Agrostis spp.--except in lots containing bentgrass), Timothy (Phleum pratense), Smooth Brome (Bromus inermis), Wild oat (Avena fatua), Foxtail (Setaria spp.) Panicum spp., Nutsedge (Cyperus spp.), Bermudagrass (Cynodon dactylon), Velvetgrass (Holcus lanatus), Orchardgrass (Dactylis glomerata). Up to 90 seeds per pound is the maximum amount permitted of the following objectionable weed seeds; Dock and Sorrel (Rumex spp.), Plantain (Plantago spp.), Black medic (Medicago lupulina), Chickweeds (Cerastium spp. and Stellaria spp.), Field Pennycress (Thlaspi arvense), Wild carrot (Daucus carota), Speedwell (Veronica spp.), Spurge (Euphorbia spp.), Wood sorrel (Oxalis stricta), Yarrow (Achillea millefolium), Clover (Trifolium spp.). In addition, no noxious weed seeds are permitted.

   **  Bentgrass purity and germination standards may be 96% minimum pure seed and 80% germination for specific varieties as determined by the certifying agency of the state of origin.

   (d)  In an emergency, and at the discretion of the Department, seed lots failing to meet these standards for other than genetic reasons may be used for interagency certified mixtures. Use of those lots shall be made only when the Department determines that there is a serious shortage of seed meeting these standards.

§ 115.463. Interagency certification tags and tagging.

   (a)  Certification tags issued by the Department for interagency certified seed will be serially numbered and show class of seed.

   (b)  The analysis tags supplied by the conditioner must carry the name of the mixture and the number of the lot, show clearly the certifying agencies involved and the kinds and varieties of seed, as well as conform with 3 Pa.C.S. § 7104 (relating to labels and labeling).

§ 115.464. Rejection of interagency certification components' seed lots.

   The Department will reject any certified component seed lot for interagency certification that fails to meet the seed standards as described in this subchapter or that exhibits seed damage or contamination. This damage or contamination may include:

   (1)  Rodent or insect damage.

   (2)  Moisture damage.

   (3)  Disease.

   (4)  Weed seed.

   (5)  Other crop seeds.

   (6)  Inert matter.

§ 115.465. Fees.

   Fees for interagency certification are set forth in 3 Pa.C.S. § 7109 (relating to fees).

[Pa.B. Doc. No. 09-924. Filed for public inspection May 22, 2009, 9:00 a.m.]

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