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Virginia Administrative Code
Title 2. Agriculture
Agency 5. Department of Agriculture And Consumer Services
Chapter 390. Rules and Regulations for the Enforcement of the Virginia Seed Law
8/20/2026

2VAC5-390-10.  Methods of inspecting, sampling, and testing, and the application tolerances.

Method of inspecting, sampling, and testing, and the application of tolerance shall be according to the "Rules for Testing Seeds" adopted by the Association of Official Seed Analysts on October 1, 2025, except:

1. For those kinds of tree and shrub seed not included in the "Rules for Testing Seeds," Association of Official Seed Analysts, the testing procedure used shall be those recommended by the National Tree Seed Laboratory.

2. That tolerances are not allowed on prohibited noxious weed seeds.

3. Tolerance shall apply to flower and vegetable germination standards only as specified in 2VAC5-390-90 and 2VAC5-390-110.

4. For seed peanuts the testing tolerance will be five on the minimum germination standard.

5. Certain kinds listed as crop seeds in Association of Official Seed Analysts Handbook 25 "Uniform Classification of Weed and Crop Seed" shall be considered restricted noxious weed seeds as listed in 2VAC5-390-20 B 2.

6. Tolerance shall not apply to cotton for agricultural seed when the germination rate for such seed, as determined by the Department of Agriculture and Consumer Services, is less than the minimum germination rate established in 2VAC5-390-190 A.

Statutory Authority

§ 3.2-4001 of the Code of Virginia.

Historical Notes

Derived from VR115-04-09 § 1, eff. November 13, 1985; amended, Virginia Register Volume 2, Issue 4, eff. December 24, 1985; Volume 2, Issue 17, eff. June 25, 1986; Volume 3, Issue 1, eff. November 12, 1986; Volume 7, Issue 7, eff. January 31, 1991; Volume 42, Issue 24, eff. August 12, 2026.

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