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Wheatgrass, intermediate Agropyron inter

medium (Host) Beauv. Wheatgrass, pubescent-Agropyron tricho

phorum (Link) Richt. Wheatgrass, Siberian-Agropyron sibiricum

(Willd.) Beauv. Wheatgrass, slender--Agropyron paucido

rum (Schwein.) Hitchc. (A. Trachycau

lum Steud.). Wheatgrass, streambank--Aqropyron

parium Scribn. and Smith. Wheatgrass, tall-Agropyron elongatum

(Host) Beauv. Wheatgrass, western-Agropyron smithu

Rydb. Wild-rye, Canada-Elymus canadensis L. Wild-rye, Russian-Elymus junceus Pisch. Zoysia Japonica—(see Japanese lawngrass) Zoysia matrella(see Manila grass)

(1) Vegetable seeds. The term “vegetable seeds" means the seeds of the following kinds that are or may be grown in gardens or on truck farms and are or may be generally known and sold under the name of vegetable seeds: Artichoke Cynara scolymus L. Asparagus-Asparagus oficinalis L. Asparagusbean-Vigna sesquipedalla (L.)

Fruwirth. Bean, garden-Phaseolus vulgaris L. Bean, lima-Phaseolus lunatus var. macro

carpus Van Eseltine. Bean, runner-Phaseolus coccineus Le Beet-Beta vulgaris L. Broadbean--Vicia faba L. Broccoli-Brassica oleracea var. botrytis L. Brussels sprouts-Brassica oleracea var. gem.

mifera Zenker. Burdock, great-Arctium lappa L. Cabbage--Brassica oleracea var. capitata L. Cabbage, tronchuda-Brassica oleracea var.

tronchuda Bailey. Cantaloupe (see muskmelon) Cardoon-Cynara cardunculus L. Carrot-Daucus carota L. Cauliflower-Brassica oleracea var. botrytis

L. Celeriac-Apium graveolens var. rapaceum

DC. Celery-Apium graveolens var. dulce (MII.)

Pers. Chard, Swiss-Beta vulgaris var. cicla L. Chicory-Cichorium intybus L. Chinese cabbage-Brassica pekinensis

(Lour.) Rupr. Chives-Allium schoenophrasum L. Citron-Citrullus vulgaris Schrad. Collards-Brassica oleracea var. acephala DC. Corn, sweet-Zea mays L. Cornsalad-Valerianella locusta var. olltoria

Pall. Cowpea-Vigna sinensis (Torner) Savi. Cress, garden-Lepidium sativum L. Cress, upland-Barbarea verna (MW)

Aschers. Cress, water-Rorippa nasturtium-aquaticum

(L.) Britt. and Rendle. Cucumber-Cucumis sativus L.

Dandelion-Taraxacum omicinale Weber. Eggplant, Solanum melongena var. esculen.

tum Nees. Endive-Cichorium endivia L. Kale-Brassica oleracea var. acephala DC. Kale, Chinese Brassica oleracea var. albo

glabra (Balley) Musil. Kale, Siberian-Brassica napus var. pabu

larla (DC) Reichb. Kohlrabi-Brassica oleracea var. gongylodes

L. Leek-Allium portum L. Lettuce Lactuca sativa L. Muskmelon--Cucumis melo L. Mustard, India--Brassica juncea (L.) Coss. Mustard, spinacb-Brassica perviridis Bailey. Okra--Hibiscus esculentus L Onion-Allium cepa L. Onion, Welsh-Allium fistulosum L. Pak-choi-Brassica chinensis L. Parsley-Petroselinum hortense Hoiim. Parsnip Pastinaca sativa La Pes-Pisum sativum L. Pepper-Capsicum spp. Pumpkin-Cucurbita pepo L., C. moschata

Duchesne and C. maxima Duchesne. Radish-Raphanus sativus L. Rhubarb-Rbeum rhaponticum L. Rutabaga-Brassica napus var. napobrassica

(L.) Reichb. Salsify-Tragopogon porrifolius L. Sorrel--Rumex acetosa L. Soybean-Glycine max (L.) Merrill (Soja

max (L.) Piper). Spinach-Spinacia oleracea L. Spinach, New Zealand-Tetragonia expansa

Squash-Cucurbita pepo L., C. moschata

Duchesne and C. maxima Duchesne.
Tomato--Lycopersicon esculentum Mil.
Tomato, husk--Physalis pubescens L.
Turnip-Brassica rapa L.
Watermelon-Citrullus vulgaris Schrad.

(j) Regulations. The term “regulations" means the rules and regulations promulgated by the Secretary of Agricul. ture and the joint rules and regulations promulgated by the Secretary of the Treasury and the Secretary of Agricul. ture under the act.

(k) Joint regulations. The term "joint regulations" means the joint rules and regulations promulgated by the Secretary of the Treasury and the Secretary of Agriculture.

(1) Complete record. (1) The term "complete record" means information which relates to the origin, treatment, germination, and purity (including variety) of each lot of agricultural seed transported or delivered for transportstion in interstate commerce, or which relates to the treatment, germination, and variety of each lot of vegetable seed transported or delivered for transporto tion in Interstate commerce. Such infor

mation includes seed samples and rec- (q) [Reserved! ords of declarations, labels, purchases, (r) Grower. The term "grower" sales, cleaning,

cleaning, bulking, treatment, means any person who produces directly handling, storage, analyses, tests, and or through a growing contract, or is & examinations.

seed-crop sharer in seed which is sold, (2) The complete record kept by each offered for sale, transported, or offered person for each treatment substance or for transportation. lot of seed consists of the information (s) Country shipper. The term "counpertaining to his own transactions and try shipper" means any person located in the information received from others a producing area who purchases seed lopertaining to their transactions with re- cally for shipment to seed dealers or to spect to each treatment substance or lot other country shippers. of seed.

(t) Dealer. The term “dealer" means (m) Deciaration. The term “declara- any person who cleans, processes, sells, tion" means a written statement of a offers for sale, transports, or delivers for grower, shipper, processor, dealer, or im- transportation seeds in interstate comporter giving for any lot of seed the kind, merce. variety, type, origin, or the use for which (u) consumer. The term "consumer” the seed is intended.

means any person who purchases or (n) Declaration of origin. The term otherwise obtains seed for sowing but not “declaration of origin” means a declara- for resale. tion of a grower or country shipper in the (V) Lot of seed. The term “lot of seed" United States stating for each lot of means a definite quantity of seed identiagricultural seed (1) kind of seed, (2) fied by a lot number, every portion or bag lot number or other identification, (3) of which is uniform, within permitted State where seed was grown and the tolerances, for the factors which appear county where grown if to be labeled in the labeling. showing the origin as a portion of a State, (W) Purity. The term “purity" means (4) quantity of seed, (5) date shipped or the name or names of the kind, type, or delivered, (6) to whom sold, shipped, or variety and the percentage or percentdelivered, and (7) the signature and ad- ages thereof; the percentage of other dress of the grower or country shipper

agricultural seed or crop seed; the perissuing the declaration. If the declara. centage of weed seeds, including noxious tion is issued by a grower and the identity weed seeds; the percentage of inert matof the person delivering the seed is un- ter; and the names of the noxious weed known to the receiver, the motor vehicle

seeds and the rate of occurrence of each. license number or other identification of

(x) Inoculant. The term “inoculant” the delivering agency should be entered means & commercial preparation conon the declaration by the receiver. If a taining nitrogen-fixing bacteria applied country shipper's declaration includes to seed. seed shipped or delivered to him by an

(y) Hybrid. The term "hybrid” applied other country shipper, it shall give for

to kinds of varieties of seed means the each lot the other country shipper's lot first generation seed of a cross produced number as included in the other country by controlling the pollination and by shipper's declaration of origin.

combining (1) two or more inbred lines; (0) Declaration of kind, variety, or

(2) one inbred or a single cross with an type. The term “declaration of kind, open pollinated variety; or (3) two sevariety, or type” means a declaration of lected clones, seed lines, varieties, or a grower stating for each lot of seed (1) species. "Controlling the pollination" the name of the kind, variety, or type means to use a method of hybridization stated in accordance with $ 201.9–201.12, which will produce pure seed which is at (2) lot number or other identification, least 75 percent hybrid seed. Hybrid (3) place where seed was grown, (4)

designations shall be treated as variety quantity of seed, (5) date shipped or de- names. livered, (6) to whom sold, shipped or

(z) Processing. For the purpose of delivered, and (7) the signature and ad

section 203 (b) (2) (C) of the act the dress of the grower issuing the declara- term "processing" means cleaning, scartion.

ifying, or blending to obtain uniform (p) Mixture. The term "mixture" quality, and other operations which means seeds consisting of more than one would change the purity or germination kind or variety, each present in excess of of the seed and therefore require retest5 percent of the whole.

ing to determine the quality of the seed, but does not include operations such as (ii) Foundation single cross. The term packaging, labeling, blending together of "foundation single cross" means a single uniform lots of the same kind or variety cross used in the production of a double without cleaning, or the preparation of a cross, a three-way, or a top cross. mixture without cleaning, any of which (jj) Double cross. The term "double would not require retesting to determine cross" means the first generation hybrid the quality of the seed.

between two single crosses. (aa) “Agricultural Service" means the (kk) Top cross. The term "top cross" Agricultural Marketing Service, United means the first generation hybrid of a States Department of Agriculture. cross between an inbred line and an

(bb) Breeder seed. Breeder seed is & open-pollinated variety or the first-genclass of certified seed directly controlled eration hybrid between a single cross by the originating or sponsoring plant and an open-pollinated variety. breeding institution, or person, or desig- (11) Three-way cross. The term "threenee thereof, and is the source for the way cross” means a first generation hyproduction of seed of the other classes of brid between a single cross and an incertified seed.

bred line. (cc) Foundation seed. Foundation (mm) Open-pollination. The term seed is a class of certified seed which

"open-pollination" means pollination is the progeny of Breeder or Foundation

that occurs naturally as opposed to conseed and is produced and handled under trolled pollination, such as by detassel. procedures established by the certifying ling, cytoplasmic male sterility, selfagency, in accordance with this part, for

incompatibllity or similar processes. producing the Foundation class of seed,

(5 F.R. 28, Jan. 4, 1940, as amended at 10 for the purpose of maintaining genetic F.R. 9950, Aug. 11, 1945, 10 F.R. 13489, Nov. purity and identity.

1, 1945, 13 F.R. 8731, Dec. 30, 1948, 19 F.R. (dd) Registered seed. Registered seed 57, Jan. 6, 1954, 20 F.R. 7928, Oct. 21, 1955, is a class of certified seed which is the 22 F.R. 4910, July 12, 1957, 24 F.R. 3951, May progeny of Breeder or Foundation seed 15, 1959, 25 F.R. 8769, Sept. 13, 1960, 26 F.R. and is produced and handled under pro

10035, Oct. 26, 1961, 27 F.R. 3252, Apr. 5, 1962,

28 F.R. 5361, May 30, 1963; 32 F.R. 12778, cedures established by the certifying

Sept. 6, 1967; 33 F.R. 10840, July 31, 1968; agency, in accordance with this part, for

35 FR 6108, Apr. 15, 1970; 38 FR 25661, producing the Registered class of seed, Sept. 14, 1973; 38 FR 26800, Sept. 26, 1973) for the purpose of maintaining genetic purity and identity.

ADMINISTRATION (ee) Certified seed. Certified seed is a § 201.3 Administrator. class of certified seed which is the prog

The Administrator of the Consumer eny of Breeder, Foundation, or Registered

and Marketing Service shall perform seed, except as provided in $ 201.70 and

such duties as the Secretary require in is produced and handled under proce

enforcing the provisions of the act and dures established by the certifying

of the regulations in this part. agency, in accordance with this part, for

(5 F. R

30, Jan. 4, 1940, as amended at producing the Certified class of seed, for

13 F. R. 8731, Dec. 30, 1948; 19 F. R. 57; Jan. the purpose of maintaining genetic pu

6, 1954) rity and identity.

(ff) Of-type. The term "off-type" RECORDS FOR AGRICULTURAL AND VEGETABLE means a plant or seed which deviates in

SEEDS one or more characteristics from that

& 201.4 Maintenance and accessibility. which has been described in accordance with $ 201.68 (c) as being usual for the (a) Each person transporting or destrain or variety.

livering for transportation in interstate (gg) Inbred line. The term "inbred

commerce agricultural or vegetable seed line" means a relatively true-breeding

subject to the act shall keep for a period strain resulting from at least five suc

of 3 years a complete record of each lot cessive generations of controlled self

of such seed so transported or delivered,

including a sample representing each lot fertilization or of backcrossing to a re

of such seed, except that any seed current parent with selection, or its

sample may be discarded 1 year after equivalent, for specific characteristics.

the entire lot represented by such sample (hh) Single cross. The term "single has been disposed of by such person. cross" means the first generation hybrid (b) Each sample of agricultural seed between two inbred lines.

retained shall be at least the weight re

quired for a noxious-weed seed examina- methods used; and (b) for seeds indistion as set forth in § 201.46 and each tinguishable by seed characteristics, sample of vegetable seed retained shall records necessary to disclose the kind, consist of at least 400 seeds. The record variety, or type, including a grower's shall be kept in such manner as to permit declaration of kind, variety, or type or comparison with the records required to an invoice, or other document establishbe kept by other persons for the same ing the kind, variety, or type to be that lot of seed so that the origin, treatment, stated, and a representative sample of germination and purity (including va- the seed. The grower's declaration shall riety) of agricultural seed and the treat- be obtained and kept by the person proment, germination and variety of vege- curing the seed from the grower. A copy table seed may be traced from the grower of the grower's declaration and a sample to the ultimate consumer and so that the of the seed shall be retained by the lot of seed may be correctly labeled. The grower. record shall be accessible for inspection 15 F. R. 30, Jan. 4, 1940, as amended at 20 by the authorized agents of the Secretary F.R. 7929, Oct. 21, 1955, 24 F.R. 3951, May 15, for purposes of the effective administra- 1959) tion of the act at any time during cus

$201.7a Treated seed. tomary business hours.

The complete record for any lot con124 F.R. 3951, May 16, 1959, as amended at 32 F.R. 12778, Sept. 8, 1967)

sisting of or containing treated seed shall

include records necessary to disclose the 8 201.5 Origin.

name of any substance or substances (a) The complete record for any lot

used in the treatment of such seed, inof seed of alfalfa, red clover, white clover,

cluding a label or invoice or other docuor field corn, except hybrid seed corn,

ment received from any person establishshall include & declaration of origin, or

ing the name of any substance or subinformation traceable to a declaration

stances used in the treatment to be as of origin or evidence showing that a dec

stated, and a representative sample of laration of origin could not be obtained,

the treated seed. (b) Each country shipper shall retain 132 F.R. 12778, Sept. 6, 1967] a copy of each declaration which he

LABELING AGRICULTURAL SEEDS issues and shall attach thereto a detailed record showing the names and & 201.3 Contents of the label. addresses of growers or country shippers

The label shall contain the required from whom the seed was purchased, the

information in any form that is clearly quantity of seed purchased from each. and the date on which it was delivered

legible and complies with the regulations to him.

in this part. The information may be on 124 FR 3951, May 5, 1959, as amended at

a tag attached securely to the container, 32 FR 12776, Sept. 6, 1967]

or may be printed in a conspicuous man8 201.6 Germination.

ner on a side or the top of the container.

The label may contain information in The complete record shall include the

addition to that required by the act, records of all laboratory tests for germi

provided such information is not misnation and hard seed for each lot of seed

leading. offered for transportation in whole or

(6 FR. 30, Jan. 4, 1940, as amended at 24 F.R. in part. The record shali show the kind

8952, May 15, 1959) of seed, lot number, date of test, percentage of germination and hard seeds, and 201.9 Kind. such other information as may be nec

The name of each kind of seed present essary to show the method used.

in excess of 5 percent shall be shown on (5 P. R. 30, Jan. 4, 1940)

the abel and need not be accompanied $ 201.7 Purity (including variety). by the word “kind.” When two or more The complete record for any lot of seed

kinds of seed are named on the label, the shall include (a) records of analyses, name of each kind shall be accompanied tests, and examinations including state- by the percentage of each. When only ments of weed seeds, noxious weed seeds, one kind of seed is present in excess of 5 inert matter, other agricultural seeds, percent and no variety name or type and of any determinations of kind, vart- designation is shown, the percentage of ety, or type and a description of the that kind may be shown as "pure seed" and such percentage shall apply only to (b) If the type designation does not seed of the kind named.

include a variety name, it shall include a (5 F.R. 30, Jan. 4, 1940)

name descriptive of a group of varieties

of similar character and the pure seed & 201.10 Variety.

shall be at least 90 percent of one or more (a) The following kinds of agricul- varieties all of which conform to the type tural seeds are generally labeled as to designation. variety and shall be labeled to show the (c) If the name of a variety is used variety name or the words “Variety Not as a part of the type designation, the Stated."

seed shall be of that variety and may Alfalfa. Millet, pearl.

contain: (1) an admixture of seed of Bahiagrass. Oat.

other indistinguishable varieties of the Barley. Pea, field.

same kind and of similar character; or, Bean, field. Peanut.

(2) an admixture of indistinguishable Beet, field. Rice.

seeds having genetic characteristics disBrome, smooth. Rye.

similar to the variety named by reason Broomcorn. Safilower.

of cross-fertilization with other varieties. Clover, crimson. Sorghum. Olover, red. Sorghum-sudangrass,

In either case, at least 90 percent of the Clover, wbite. hybrid.

pure seed shall be of the variety named Corn, field. Soybean.

or upon growth shall produce plants hayCorn, pop. Sudangrass.

ing characteristics similar to the variety Cotton. Sunflower.

named. Cowpea. Tobacco.

15 F.R. 30, Jan. 4, 1940] Crambe.

Trefoil, birdsfoot.
Fescue, tall.

& 201.lla Hybrid. Flax.

Wheat, common. Lespedeza, striate. Wheat, durum.

If any one kind or kind and variety Millet, foxtail.

of seed present in excess of 5 percent is

“hybrid" seed, it shall be designated (b) If the name of the variety is given, the name may be associated with the that is hybrid shall be at least 95 percent

"hybrid" on the label. The percentage name of the kind with or without the

of the percentage of pure seed shown words "kind and variety.” The percent

unless the percentage of pure seed which age in such case, which may be shown

is hybrid seed is shown separately. If as "pure seed,” shall apply only to seed

two or more kinds or varieties are present of the variety named, except for the

in excess of 5 percent and are named on labeling of hybrids as provided in

the label, each that is hybrid shall be § 201.11a. If separate percentages for the

designated as hybrid on the label. Any kind and the variety or hybrid are shown,

one kind or kind and variety that has the name of the kind and the name of

pure seed which is less than 95 percent the variety or the term "hybrid” shall be but more than 75 percent hybrid seed clearly associated with the respective as a result of incompletely controlled percentages. When two or more varieties pollination in a cross shall be labeled to are present in excess of 5 percent and show (a) the percentage of pure seed that are named on the label, the name of is hybrid seed or (b) a statement such each variety shall be accompanied by as “Contains from 75 percent to 95 perthe percentage of each.

cent hybrid seed." No one kind or va(32 F.R. 12778, Sept. 6, 1967 and 33 F.R. 10840, riety of seed shall be labeled as hybrid July 31, 1968; 36 F.R. 6108, Apr. 16, 1970] if the pure seed contains less than 75 201.11 Type.

percent hybrid seed.

(33 F.R. 10840, July 31, 1968) (a) When type is designated, such designation may be associated with the

$ 201.12 Name of kind and variety. name of the kind but shall in all cases be The representation of kind or kind and clearly associated with the word “type." variety shall be confined to the name of The percentage, which may be shown as the kind or kind and variety determined "pure seed”, shall apply only to the type in accordance with $ 201.34. The name designated. If separate percentages for shall not have afixed thereto words or the kind and the type are shown, such terms that create a misleading imprespercentages shall be clearly associated sion as to the history or characteristics with the name of the kind and the name of the kind or variety. of the type.

[20 F.R. 7929, Oct. 21, 1956)

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