Dandelion-Taraxacum officinale Weber. Eggplant Solanum melongena var. esculentum Nees. Endive-Cichorium endivia L. Kale-Brassica oleracea var. acephala DC. Kale, Chinese-Brassica oleracea var. alboglabra (Bailey) Musil. Kale, Siberian-Brassica napus var. pabularia (DC) Reichb. Kohlrabi-Brassica oleracea var. gongylodes L. Leek-Allium porrum L. Lettuce-Lactuca sativa L. Mustard, India-Brassica juncea (L.) Coss. Onion, Welsh-Allium fistulosum L. Pepper-Capsicum spp. Pumpkin-Cucurbita pepo L., C. moschata Duchesne and C. maxima Duchesne. Radish-Raphanus sativus L. Rhubarb--Rheum rhaponticum L. Rutabaga-Brassica napus var. napobrassica (L.) Reichb. Salsify-Tragopogon porrifolius L. Soybean-Glycine max (L.) max (L.) Piper). Spinach-Spinacia oleracea L. Merrill [Soja Spinach, New Zealand-Tetragonia expansa Squash-Cucurbita Pepo L., C. moschata (j) Regulations. The term "regulations" means the rules and regulations promulgated by the Secretary of Agriculture and the joint rules and regulations promulgated by the Secretary of the Treasury and the Secretary of Agriculture 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 transportation in interstate commerce, or which relates to the treatment, germination, and variety of each lot of vegetable seed transported or delivered for transportation in interstate commerce. Such infor mation includes seed samples and records of declarations, labels, purchases, sales, cleaning, bulking, treatment, handling, storage, analyses, tests, and examinations. (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. The term "declaration" means a written statement of a grower, shipper, processor, dealer, or importer giving for any lot of seed the kind, variety, type, origin, or the use for which the seed is intended. (n) Declaration of origin. The term "declaration of origin" means a declaration of a grower or country shipper in the United States stating for each lot of agricultural seed (1) kind of seed, (2) lot number or other identification, (3) State where seed was grown and the county where grown if to be labeled showing the origin as a portion of a State, (4) quantity of seed, (5) date shipped or delivered, (6) to whom sold, shipped, or delivered, and (7) the signature and address of the grower or country shipper issuing the declaration. If the declaration is issued by a grower and the identity of the person delivering the seed is unknown to the receiver, the motor vehicle license number or other identification of the delivering agency should be entered on the declaration by the receiver. If a country shipper's declaration includes seed shipped or delivered to him by another country shipper, it shall give for each lot the other country shipper's lot number as included in the other country shipper's declaration of origin. (0) Declaration of kind, variety, or type. The term "declaration of kind, variety, or type" means a declaration of a grower stating for each lot of seed (1) the name of the kind, variety, or type stated in accordance with §§ 201.9-201.12, (2) lot number or other identification, (3) place where seed was grown, (4) quantity of seed, (5) date shipped or delivered, (6) to whom sold, shipped or delivered, and (7) the signature and address of the grower issuing the declaration. (p) Mixture. The term "mixture" means seeds consisting of more than one kind or variety, each present in excess of 5 percent of the whole. (q) [Reserved] (r) Grower. The term "grower” means any person who produces directly or through a growing contract, or is a seed-crop sharer in seed which is sold, offered for sale, transported, or offered for transportation. (s) Country shipper. The term "country shipper" means any person located in a producing area who purchases seed locally for shipment to seed dealers or to other country shippers. (t) Dealer. The term "dealer" means any person who cleans, processes, sells, offers for sale, transports, or delivers for transportation seeds in interstate com merce. (u) Consumer. The term "consumer" means any person who purchases or otherwise obtains seed for sowing but not for resale. (v) Lot of seed. The term "lot of seed" means a definite quantity of seed identifiled by a lot number, every portion or bag of which is uniform, within permitted tolerances, for the factors which appear in the labeling. (w) Purity. The term "purity" means the name or names of the kind, type, or variety and the percentage or percentages thereof; the percentage of other agricultural seed or crop seed; the percentage of weed seeds, including noxious weed seeds; the percentage of inert matter; and the names of the noxious weed seeds and the rate of occurrence of each. (x) Inoculant. The term "inoculant" means a commercial preparation containing nitrogen-fixing bacteria applied to seed. (y) Hybrid. The term "hybrid" applied to kinds of varieties of seed means the first generation seed of a cross produced by controlling the pollination and by combining (1) two or more inbred lines; (2) one inbred or a single cross with an open pollinated variety; or (3) two selected clones, seed lines, varieties, or species. "Controlling the pollination" means to use a method of hybridization which will produce pure seed which is at least 75 percent hybrid seed. Hybrid designations shall be treated as variety names. (z) Processing. For the purpose of section 203 (b) (2) (C) of the act the term "processing" means cleaning, scarifying, or blending to obtain uniform quality, and other operations which would change the purity or germination of the seed and therefore require retesting to determine the quality of the seed, but does not include operations such as packaging, labeling, blending together of uniform lots of the same kind or variety without cleaning, or the preparation of a mixture without cleaning, any of which would not require retesting to determine the quality of the seed. (aa) "Agricultural Service" means the Agricultural Marketing Service, United States Department of Agriculture. (bb) Breeder seed. Breeder seed is a class of certified seed directly controlled by the originating or sponsoring plant breeding institution, or person, or designee thereof, and is the source for the production of seed of the other classes of certified seed. (cc) Foundation seed. Foundation seed is a class of certified seed which is the progeny of Breeder or Foundation seed and is produced and handled under procedures established by the certifying agency, in accordance with this part, for producing the Foundation class of seed, for the purpose of maintaining genetic purity and identity. (dd) Registered seed. Registered seed is a class of certified seed which is the progeny of Breeder or Foundation seed and is produced and handled under procedures established by the certifying agency, in accordance with this part, for producing the Registered class of seed, for the purpose of maintaining genetic purity and identity. (ee) Certified seed. Certified seed is a class of certified seed which is the progeny of Breeder, Foundation, or Registered seed, except as provided in § 201.70 and is produced and handled under procedures established by the certifying agency, in accordance with this part, for producing the Certified class of seed, for the purpose of maintaining genetic purity and identity. (ff) Off-type. The term "off-type" means a plant or seed which deviates in one or more characteristics from that which has been described in accordance with §201.68 (c) as being usual for the strain or variety. (gg) Inbred line. The term "inbred line" means a relatively true-breeding strain resulting from at least five successive generations of controlled selffertilization or of backcrossing to a recurrent parent with selection, or its equivalent, for specific characteristics. (hh) Single cross. The term "single cross" means the first generation hybrid between two inbred lines. (ii) Foundation single cross. The term "foundation single cross" means a single cross used in the production of a double cross, a three-way, or a top cross. (jj) Double cross. The term "double cross" means the first generation hybrid between two single crosses. (kk) Top cross. The term "top cross" means 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. (11) Three-way cross. The term "threeway cross" means a first generation hybrid between a single cross and an inbred line. (mm) Open-pollination. The term "open-pollination" means pollination that occurs naturally as opposed to controlled pollination, such as by detasselling, cytoplasmic male sterility, selfincompatibility or similar processes. [5 F.R. 28, Jan. 4, 1940, as amended at 10 F.R. 9950, Aug. 11, 1945, 10 F.R. 13489, Nov. 1, 1945, 13 F.R. 8731, Dec. 30, 1948, 19 F.R. 57, Jan. 6, 1954, 20 F.R. 7928, Oct. 21, 1955, 22 F.R. 4910, July 12, 1957, 24 F.R. 3951, May 15, 1959, 25 F.R. 8769, Sept. 13, 1960, 26 F.R. 10035, Oct. 26, 1961, 27 F.R. 3252, Apr. 5, 1962, 28 FR. 5361, May 30, 1963; 32 F.R. 12778, Sept. 6, 1967; 33 F.R. 10840, July 31, 1968; 35 FR 6108, Apr. 15, 1970; 38 FR 25661, Sept. 14, 1973; 38 FR 26800, Sept. 26, 1973] 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 re quired 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, germination and purity (including variety) of agricultural seed and the treatment, 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. 124 F.R. 3951, May 15, 1959, as amended at 32 F.R. 12778, Sept. 6, 1967] (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. [24 FR 3951, May 5, 1959, as amended at 32 FR 12776, Sept. 6, 1967] 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. 15 F. R. 30, Jan. 4, 1940, as amended at 20 F.R. 7929, Oct. 21, 1955, 24 F.R. 3951, May 15, 1959] 132 F.R. 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 F.R. 3952, May 15, 1959] and such percentage shall apply only to seed of the kind named. [5 F.R. 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." (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. Sorghum-sudangrass, 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. Corn, pop. Cowpea. Lespedeza, striate. (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. [82 F.R. 12778, Sept. 6, 1967 and 33 F.R. 10840, July 31, 1968; 35 F.R. 6108, Apr. 15, 1970] § 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. [5 F.R. 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 F.R. 10840, July 31, 1968] |