Virginia Law

Chapter 10. Rules and Regulations Providing for the Certification of Seeds and Other Materials Used for Plant Propagation Purposes

Part I
General Provisions

2VAC10-10-10. Certifying agency.

The official Seed Certifying Agency in the Commonwealth of Virginia shall be the Virginia Crop Improvement Association, a nonprofit organization of seed growers duly chartered under the laws of Virginia.

Statutory Authority

§§ 3.2-4024 of the Code of Virginia.

Historical Notes

Derived from VR172-01-01 § 1, eff. April 1980.

2VAC10-10-20. Duties of certifying agency.

The certifying agency shall work in cooperation with seed growers, seedsmen, the Divisions of the Virginia Polytechnic Institute and State University, the Virginia Department of Agriculture and Consumer Services and the State Certified Seed Board and the Association of Official Seed Certifying Agencies in providing an adequate seed certification program for the Commonwealth of Virginia. Duties of the certifying agency shall include, but not be restricted to, the following:

1. Select qualified growers and producers of certified seed;

2. Maintain and supply foundation seed required in the certification program;

3. Supervise and administer the branding, labeling and tagging of all classes of certified seed;

4. Promote the production and use of certified seed;

5. Provide field inspection, sampling, tagging and other services and to make charges for such services to the extent necessary;

6. To enforce all standards of certification hereafter promulgated by the State Certified Seed Commission;

7. To provide for, require and maintain appropriate records of pedigrees, varieties and production of all crops under certification; and

8. To establish procedures, schedules, deadlines, quotas and guidelines necessary to the administration of an effective seed certification program.

Statutory Authority

§§ 3.2-4024 of the Code of Virginia.

Historical Notes

Derived from VR172-01-01 § 2, eff. April 1980.

2VAC10-10-30. Classes, identification, and sources of certified seed.

A. There shall be four classes of seed recognized in the certification program as follows:

1. 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.

2. 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.

3. 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.

4. Certified seed. Certified seed is a class of certified seed which is the progeny of breeder, foundation, or registered seed and is produced and handled under procedures established by the certifying agency for producing the certified class of seed, for the purpose of maintaining genetic purity and identity.

B. Identification of the above classes shall be as follows:

Breeder Class - White Tag

Foundation Class - White Tag

Registered Class - Purple Tag

Certified Class - Blue Tag

Attaching of tags to base shall depend upon the crop and shall be in accordance with guidelines specified by the official certifying agency.

C. The source of seed planted for the production of any of the above classes of seed shall be documented to the certifying agency which shall establish appropriate criteria of acceptance from time to time considering variety, origin, diseases, limited generations and other factors that may be necessary to implement the standards of certification established by the State Certified Seed Board.

Statutory Authority

§§ 3.2-4024 of the Code of Virginia.

Historical Notes

Derived from VR172-01-01 § 3, eff. April 1980.

2VAC10-10-40. Limitation 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:

1. Recertification of the certified class may be permitted when no foundation seed is being maintained.

2. The production of an additional generation of the certified class may be permitted on a one-year basis only, when an emergency is declared prior to the planting season 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.

Statutory Authority

§§ 3.2-4024 of the Code of Virginia.

Historical Notes

Derived from VR172-01-01 § 4, eff. April 1980.

2VAC10-10-50. Seed testing.

Analyses and test of seed samples shall be conducted by the Division of Product and Industry Regulation of the Department of Agriculture and Consumer Services or by commercial seed laboratories approved by the State Certified Seed Board. Guidelines indicating size of sample, sampling procedures, schedules, reporting procedures and related factors shall be established and administered by the official certifying agency.

Statutory Authority

§§ 3.2-4024 of the Code of Virginia.

Historical Notes

Derived from VR172-01-01 § 5, eff. April 1980.

2VAC10-10-60. Noxious or objectionable weeds.

A. For the purpose of certification all weeds designated as noxious under the rules and regulations for the enforcement of Article 1, Chapter 16, Title 3.1 of the Code of Virginia shall be considered objectionable; however, allowances for seeds of those weeds designated as restricted may be established in the seed standards for specific crops.

B. Objectionable weeds shall include all species included under subsection A of this section and whatever nonnoxious weeds that may be designated as objectionable in the specific field and seed standards hereafter promulgated for specific crops.

Statutory Authority

§§ 3.2-4024 of the Code of Virginia.

Historical Notes

Derived from VR172-01-01 § 6, eff. April 1980.

2VAC10-10-70. Field inspections.

Field inspections shall be made by qualified inspectors in accordance with appropriate procedures and schedules specified by the official certifying agency.

Statutory Authority

§§ 3.2-4024 of the Code of Virginia.

Historical Notes

Derived from VR172-01-01 § 7, eff. April 1980.

2VAC10-10-80. Responsibility for compliance.

The certifying agency shall implement certification and insofar as practicable enforce certification standards; however, each grower, producer, or handler of any class of certified seed shall be responsible for compliance with all requirements of certification as well as all requirements of the Virginia Seed Law (§ 3.1-262 et seq. of the Code of Virginia) and the Federal Seed Act (7 USCS § 1551 et seq.). Sale of any class of certified seed intentionally in violation of any of the foregoing may serve as a basis for revoking the responsible party's right to grow, produce or sell classes of certified seed.

Statutory Authority

§§ 3.2-4024 of the Code of Virginia.

Historical Notes

Derived from VR172-01-01 § 8, eff. April 1980.

Part II
Certification Standards for Specific Crops

2VAC10-10-90. Applicability of certification standards.

This chapter shall be applicable to the certification of all seed defined by § 3.1-263 of the Virginia Seed Law and to all tubers used for propagation. Specific certification standards for the crops subject shall be as follows; provided, however, that crops not provided for herein may be certified according to certification standards last established by the Association of Official Seed Certifying Agencies and such standards shall subsequently be adopted or amended by the State Certified Seed Board.

Statutory Authority

§§ 3.2-4024 of the Code of Virginia.

Historical Notes

Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-100. Corn certification standards; hybrids, foundation single crosses and inbred lines.

A. General standards. The general standards as adopted in this chapter are basic and apply to corn.

1. Definition of terms:

a. Hybrid corn is seed to be planted for any use except seed production. It may be any one of the following:

(1) Single-cross. The term "single cross" means the first generation hybrid between two inbred lines.

(2) Double-cross. The term "double cross" means the first generation hybrid between two single crosses.

(3) Three-way cross. The term "three-way cross" means a first generation hybrid between a single cross and an inbred line.

b. 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. A foundation single cross to be eligible for certification shall be produced from approved inbred lines whose source assures their identity and is approved by the certifying agency.

c. Inbred line. The term "inbred line" means a relatively true-breeding strain resulting from at least five successive generations of controlled self-fertilization or of back-crossing to a recurrent parent with selection, or its equivalent, for specific characteristics. To be eligible for certification, inbreds shall be from a source such that its identity may be assured and approved by the certification agency.

2. Classes of seed recognized.

a. Only the class "certified" is recognized in hybrid corn. Hybrid corn shall be produced from seed that has been grown under conditions that insure its purity and trueness to type and shall be approved by the certifying agency. Proof of the restoring ability of the line shall be supplied by the originator.

b. A Foundation single cross shall consist of the first generation hybrid between two inbred lines to be used in the production of double, three-way or top crosses. A fertility restoring line may be substituted for its nonrestoring counterpart in a foundation single cross provided the fertility restoring line is the same in other observable characteristics as its nonrestoring counterpart.

B. Land requirements. There are no requirements as to previous crops.

C. Field standards.

1. Field inspection. One or more inspections shall be made by the certifying agency during the pollination period.

2. Isolation.

a. Foundation single crosses and inbred lines.

(1) An increase field of an inbred line, either male sterile or fertile, or a production field of a specific foundation single cross involving either male sterile or fertile lines shall be isolated by not less than 220 yards from any other kind of corn, except no isolation is required for the production of hand pollinated seed.

(2) Adequate natural barriers and differential maturity dates are permitted for modifying isolation distance for both inbreds and single crosses provided there are no silks in the seed field at the time pollen is being shed in the contaminating field.

(3) Single crossing plots shall be isolated by at least 440 yards from sweet corn, popcorn or open-pollinates of other colors.

b. Hybrid corn.

(1) A specific hybrid to be accepted for certification shall be so located that the seed parent is not less than 220 yards from other corn of a different color or texture. However, in the case of the same color and texture that distance may be 206 yards and further modified by the planting of pollen parent border rows, the number of which is to be determined by the acreage of the specific cross in accordance with the following table. Other exceptions are listed in subdivisions (2) and (3) below.

(2) Adequate natural barriers are permitted for modifying isolation distances.

(3) Differential maturity dates are permitted for modifying isolation distances, provided there are no receptive silks in the ear parent at the same time pollen is being shed in the contaminating field.

3. Specific standards.

a. Male sterile ear parent. A male sterile ear parent can be used to produce certified hybrid corn seed by either of two methods:

(1) Seed of the normal fertile ear parent shall be mixed with the seed of the male sterile ear parent of the same pedigree either by blending in the field at harvest or by size at processing time. The ratio of male sterile ear parent seed to normal ear parent seed shall not exceed 2:1.

(2) The pollen parent shall involve a certified pollen restoring line or lines so that not less than one-third of the plants grown from hybrid corn seed produce pollen which appears to be normal in quantity and viability.

b. Detasseling or pollen control. The following requirements apply only when 5.0% or more of the seed parent plants have receptive silks:

(1) A hybrid will be disqualified for certification if more than 1.0% of the seed parent stalks have shed pollen on any one inspection or if the total for three inspections on different dates exceeds 2.0%.

(2) Sucker tassels, portions of tassels or tassels on main plants will be counted when two inches or more of the central stem, the side branches, or a combination of the two have the anthers extended from the glumes and are shedding pollen.

c. Other varieties and off-type plants:

(1) Foundation single cross and inbred lines:

(a) A field which contains at any one inspection more than 0.1% of definitely off-type or more than 2.0% of doubtful type plants that have shed or are shedding pollen when 5.0% or more of the plants in the field have receptive silks, shall not be certified.

(b) Any plant shedding pollen in male sterile rows shall be completely destroyed at pollination time to eliminate the possibility of its seed production.

D. Seed standards.

1. Single crosses and inbred lines.

a. Single crosses and inbred lines shall be graded uniformly to insure uniform planting.

b. The tolerance for other varieties or off-types is 0.1% or a total of 25 off-colored or different textured kernels per 1,000 ears.

2. Hybrid seed corn:

Statutory Authority

§§ 3.2-4024 of the Code of Virginia.

Historical Notes

Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-110. Cowpea certification standards.

A. General standards. The general standards as adopted in this chapter are basic and apply to cowpeas.

B. Land requirements. The crop shall not be grown on land on which cowpeas, soybeans, field peas or beans were grown the previous year except when a crop of the same variety was grown from the same or a higher class of seed.

C. Field standards.

1. At least one field inspection shall be made after the plants are mature enough to determine the color of the pods and peas and condition of the seed. Plants of other varieties and off-type plants shall be removed from the field prior to the inspection.

2. All cowpea fields being grown for certification shall be separated from cowpea fields of any other variety by at least 10 feet. Cowpeas that are to be certified shall not be stored in the same building with other cowpeas unless bagged and each bag is identified.

3. Specific.

D. Seed standards.

Statutory Authority

§§ 3.2-4024 of the Code of Virginia.

Historical Notes

Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-120. Grass seed certification (tall fescue and orchard grass).

A. General standards. The general standards as adopted in this chapter are basic and apply to grass seed certification.

B. Land requirements. A field to be eligible for the production of registered or certified seed shall not have grown or been seeded to the same species during the previous year except to foundation, registered, or certified seed of the same variety. For foundation seed production the land shall not have been planted to grass of the same kind within the previous five years.

C. Field standards.

1. Field inspection.

a. A field inspection shall be made each year that a certified crop is to be harvested.

b. A field inspection is to be made after heading but before harvesting.

c. A crop automatically becomes ineligible for certification if harvested before the field inspection is made.

2. Isolation.

a. A strip at least five feet in width and which is mowed, uncropped or planted to some crop other than the kind in question shall constitute a field boundary.

b. The following isolation requirements shall be met when any other strain or strains of the species is in bloom at the same time.

3. Specific.

4. Duration of eligibility. Stands of foundation or registered seed may be so classified for a period of five years. After a five-year period such stands may be eligible for the class certified, if conditions are found favorable when inspected.

D. Seed standards.

Statutory Authority

§§ 3.2-4024 of the Code of Virginia.

Historical Notes

Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-130. Peanut certification standards.

A. General standards. The general standards as adopted in this chapter are basic and apply to peanuts.

B. Land requirements. Registered and certified peanuts shall be planted on land on which the previous crop was of another kind or planted with certified seed of the same variety. Foundation peanuts will not be eligible for certification if planted on land which grew peanuts either volunteer or a planted crop the previous two years unless the preceding crop was grown from certified or registered seed of the same variety. A field which includes an area where peanuts were threshed or where thresher refuse was spread during the preceding year shall not be eligible for certification.

C. Field standards.

1. Field inspection. At least one field inspection shall be made prior to harvest.

2. Isolation. Isolation shall consist of a physical barrier such as a ditch, roadway, fence row or a ten-foot strip devoid of peanuts or two rows of some other crop.

3. Specific.

Inspection of the equipment used in drying certified peanuts to see that it is operated according to the following guidelines is required. The thermostat and humidistat used on drying certified peanut seed shall be set according to ambient air conditions. If a humidistat is not available or operative, the maximum temperature setting should be 80°F. Even though a humidistat is utilized, the temperature should never exceed 90°F during the drying process. Natural air should be used in the day unless the relative humidity exceeds 65%, in which case supplemental heat may be necessary. If supplemental heat is needed,never use over 10° to 15°F temperature rise. The airflow rate should be 10-15 cubic feet per minute per cubic foot of peanuts. The depth for peanuts in the dryer should be limited to about four feet for 30% moisture peanuts; for higher moisture content, the depth should be reduced.

D. Seed standards.

Statutory Authority

§§ 3.2-4024 of the Code of Virginia.

Historical Notes

Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-140. Red clover certification standards.

A. General standards. The general standards as adopted in this chapter are basic and apply to red clover.

B. Land requirements.

1. For foundation seed production, the land shall have been free of red clover for the previous five years.

2. Registered seed may be produced if no red clover of any other strain has been produced on the land within the preceding three years.

3. Certified seed may be produced if no red clover crop of any other strain has been produced on the land within the preceding two years and where one cultivated crop has grown, unless the preceding strain was the same variety.

4. The land shall be free of volunteer plants of the crop kind during the year immediately prior to establishment and no manure or other contaminating material shall be applied the year previous to seed or during the establishment and productive life of the stand.

C. Field standards.

1. Field inspection. At least one field inspection, made at blooming time, is required each year that certification is applied for.

2. Isolation. All fields used for the production of foundation, registered, or certified seed shall have the minimum isolation distance from fields of any other variety or fields of the same variety that do not meet the varietal purity requirements for certification, as given in the following table:

Unit of certification. The unit of certification shall be a field. Portions of a field not meeting requirements for certification shall not be allowed to reach the seed stage. Ten feet isolation is required between certified classes of the same variety.

3. Red clover. Only two seed crops are permitted of all certified seed.

4. Specific.

D. Seed standards

Statutory Authority

§§ 3.2-4024 of the Code of Virginia.

Historical Notes

Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-150. Small grain certification standards.

A. General standards. The general standards as adopted in this chapter are basic and apply to small grain.

B. Land requirements. A crop of small grain will not be eligible for certification if planted on land on which a small grain crop was grown the year previous except a crop of the same variety grown from certified seed.

In fields double-cropped, neither or the two crops grown in the previous calendar year shall have been the same kind as the crop being inspected, unless they were grown from a class of certified seed of the same variety.

C. Field standards.

1. Field inspection. At least one field inspection shall be made after the crop is fully headed when varietal or crop mixtures can best be determined.

2. Isolation.

a. Wheat, oats, barley, triticale. A field shall be separated by a strip of ground adequate to prevent mechanical mixtures. The strip may be either mowed, uncropped or planted to some crop than the kind being certified.

b. Rye. All rye fields used for the production of certified seed shall be isolated by at least 220 yards from the fields of any other variety or varieties of rye or fields of the same variety that do not meet the varietal purity requirements for certification. Isolation between diploid and tetraploid rye shall be at least 15 feet.

3. Specific.

D. Seed standards

Statutory Authority

§§ 3.2-4024 of the Code of Virginia.

Historical Notes

Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-160. Soybean certification standards.

A. General standards. The general standards as adopted in this chapter are basic and together with the following standards constitute the standards for soybeans.

B. Land requirements. The crop shall not be grown on land on which soybeans were grown the previous year, unless that crop was grown from certified seed of the same variety.

C. Field standards.

1. Field inspection. At least one field inspection, preferably after the leaves have dropped, shall be made by an inspector of the certifying agency.

2. Isolation. Fields of soybeans shall be separated from any other variety or uncertified seed of the same variety by a distance of 20 feet or 10 border rows of the inspected crop shall not be harvested for seed.

3. Specific.

D. Seed standards

Statutory Authority

§§ 3.2-4024 of the Code of Virginia.

Historical Notes

Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-170. Sweet potato certification standards.

A. General standards. The general standards as adopted in this chapter are basic and applies to sweet potato.

Only the foundation and certified classes of seed will be recognized. Certified seed or plants shall not be more than two generations removed from foundation seed. (This applies only when foundation seed is available, otherwise certified seed may be produced from certified seed as many years as the required standards are met). Seed potatoes shall be treated prior to bedding. Production fields shall be planted from vine cuttings or with pulled sprouts that have been treated. All chemical treatments used shall be approved by the research division at Virginia Polytechnic Institute and State University or the Virginia Truck and Ornamental Research Station.

B. Land requirements. Fields to be eligible for certification shall not have been in the production of sweet potatoes or received sweet potato residue or animal manure or drainage water from sweet potato fields for the three previous years.

C. Field standards.

1. Plant bed and plant stands.

a. Plant bed inspections. At least one inspection shall be made. Beds which show the presence of black rot, stem rot, scurf, or varietal mixture will be rejected.

b. Plant beds shall be moved each year or old plant beds may be used if disinfected by use of chemicals, provided all the old bedding material, roots and plants are removed within 30 days of the final pulling. New bedding medium will be taken from an area which will meet the minimum standards set forth in subsection B.

c. Plant standards. If plants are to be sold:

(1) Plants shall be free of varietal mixtures, injurious insects and the diseases, black rot, scurf, and stem rot.

(2) Plants shall be fresh, of good color and satisfactory size for commercial planting (suggested length approximately 8 inches to 12 inches).

2. Post-plant bed standards.

a. Field inspection. At least one field inspection shall be made and the following requirements shall be met:

b. Isolation. All fields for certification shall be separated from other sweet potato fields by at least an eight-foot strip in which no sweet potatoes have been planted.

c. Specific.

D. Seed storage standards; general requirements.

1. Different varieties and lots shall be labeled and shall be separated by an aisle of two or more or other means acceptable to the certifying agency. Seed potatoes shall be stored in new containers or in used containers that have been treated.

2. Storage inspection.

a. At least one inspection shall be made after January 1.

b. Seed for sale shall be graded to meet the following standards:

The length is measured from the ends where the root is about 3/8 inches in diameter.

c. The following standards are applied to the graded roots which shall have good external and internal color:

Statutory Authority

§§ 3.2-4024 of the Code of Virginia.

Historical Notes

Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-180. Tobacco certification standards.

A. General standards. The general standards as adopted in this chapter are basic and apply to tobacco.

1. Eligibility.

a. Only those varieties approved by the certifying agency shall be eligible for certification.

b. Two classes of seed will be recognized. They are as follows:

(1) Foundation seed. Foundation seed shall be from selected plants protected from cross-pollination by bagging.

(2) Certified seed. Certified seed can be only one germination removed from foundation seed. The crop year for which the foundation seed are used shall be shown on the package. Example (for use by growers of Certified seed in 1976 only).

2. Handling of crop prior to inspection.

a. Plants of other varieties including off-type plants shall be topped.

b. Plants affected with mosaic disease shall be topped.

c. Plants affected with ring-spot disease and the adjacent plants shall be topped as soon as found.

B. Land requirements. A new plant bed shall be used each year unless the bed is sterilized with a soil sterilant prior to seeding.

C. Field standards.

1. Field inspection. The seed crop shall be inspected by a representative of the Virginia Crop Improvement Association during the blooming period.

2. Isolation.

a. Self-pollinated varieties. When two or more varieties of the same type are grown side by side in the same field, four border rows of each variety, between the two varieties, shall be allowed to bloom and set seed, but shall not be harvested for seed. Otherwise, there shall be 150 feet between varieties of the same type. Isolation between varieties of different types shall be at least 1,320 feet except when protected from cross-pollination by bagging or when all plants in the neighboring field are topped before blooming.

b. Hybrids. When producing hybrid tobacco seed of the same type when male fertile and male sterile varieties are grown side by side in the same field, four border rows of the male sterile varieties adjacent to the male fertile varieties shall be allowed to bloom and set seed but shall not be harvested for seed except when the male fertile plants are to be used as the pollen parent on the adjacent male sterile plants. Otherwise, male sterile plants shall be at least 150 feet from male fertile plants. Isolation between male seterile plants and male fertile plants of different types shall be at least 1,320 feet, except when protected from cross-pollination by bagging or when all plants in the neighboring fields are topped before blooming.

3. Specific. No seed bearing plants of off-types or other varieties or plants affected with mosaic or ring-spot disease are permitted.

D. Seed standards.

Statutory Authority

§§ 3.2-4024 of the Code of Virginia.

Historical Notes

Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-190. Turfgrass sod certification standards.

A. General standards.

1. The general standards as adopted in this chapter are basic and apply to turfgrass sod.

2. Only fields planted with foundation, registered or certified seed that meet sod seed requirements will be eligible for certification.

3. Only those varieties, kinds or mixtures of kinds of varieties recommended by the Virginia Tech Extension Division will be eligible for certification.

B. Land requirements.

1. All fields for the production of certified sod shall be inspected prior to planting unless they have been producing certified sod.

2. Have field boundaries designated at the time of inspection.

3. Fields will need to be free of prohibited noxious weeds as defined by the state sod law.

4. File with the Virginia Crop Improvement Association the number of acres and kinds of mixtures for all fields intended for certification the year the field is established.

5. An aerial photo of the farm or other suitable farm plans shall be filed with the Virginia Crop Improvement Association.

C. Field standards.

1. Field inspection. At least one annual field inspection shall be made prior to lifting and subsequent inspections may be made as needed at the discretion of the inspector. Fields will have to be in a certifiable condition at the time of lifting.

2. Management. A field for the production of certified sod shall show evidence of good management including weed control, fertilization and proper clipping. Virginia Tech publication MA-130 will be used as a guide for the management program.

3. Isolation. A certified turf field shall be separated from other sod by a strip at least 10 feet wide and maintained free of objectionable weeds. The field shall have good general appearance, and poor appearance will be sufficient reason for rejecting the field for certification. Certification can be revoked where certified standards are not maintained.

D. Specific requirements.

1. Standards for other varieties or off-type plants of the same species; other turfgrass species, other crops, and weeds recognizable are as indicated in the following table.

2. Labeling requirements. All certified sod shall have an official certification label accompanying each load and the label shall be attached to a dated invoice or labeling information.

3. Records. Records shall be kept on the number and date of issuance of certification labels.

Statutory Authority

§§ 3.2-4024 of the Code of Virginia.

Historical Notes

Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-200. Vegetatively-propagated grasses; certification standards.

A. General standards. The general standards as adopted in this chapter are basic and apply to vegetatively-propagated grasses.

Only those fields planted with registered or foundation vegetative material will be eligible for certification, except with certain varieties a single certification seed generation may be permitted. For this certifiable generation the grass seed certification standards will apply, but certified seed will not be eligible for reestablishing fields for certification and evidence of volunteering in a certified seed field will be cause for rejection. The standards for vegetatively - propagated grasses are applicable to all foundation and registered generations and seed production by such generations shall be prevented by timely moving. If the crop is allowed to make seed, one seed crop of certified seed may be permitted. Further seeding for certification will not be allowed and such vegetative material will be classified as certified.

B. Land requirements.

1. A field to be eligible for the production of foundation or registered planting stock shall have been free of other strains of the same species for two consecutive years preceding the year that it is to be planted.

2. A field to be eligible for the production of certified planting stock shall have been free of other strains of the same species or other objectionable species for one year preceding the year it is to be planted.

C. Field standards.

1. Field inspection. An inspection shall be made during the growing season at a time when there is sufficient growth to make identification of other strains possible.

2. Isolation. A field to be eligible for the production of foundation, registered, or certified planting stock shall be isolated from any other strain of the same species by a strip at least six feet wide to preclude any possibility of mixing planting material during the digging operations.

3. Specific.

D. Planting stock standards

Statutory Authority

§§ 3.2-4024 of the Code of Virginia.

Historical Notes

Derived from VR172-01-01 § 9, eff. April 1980.

Part III
Requirements for Bulk Certification

2VAC10-10-210. Requirements for bulk certification in Virginia.

A. All field and seed standards applying to bagged seed shall also apply to seed sold in bulk.

B. Only small grains, corn and soybeans can be sold in bulk.

C. No foundation or registered seed shall be sold in bulk.

D. There will be only two transfers of bulk seed:

1. From the grower to the processor

2. From the processor to the field

E. There will be no interstate movement of bulk seed unless approved by the association and the cooperating state.

F. Retail seed outlets handling bulk seed shall be approved by the certification agency on a yearly basis. Inspections will be made of handling, storage and processing facilities.

G. All bins shall be clearly marked to show crop and variety and separate bins shall be available for each variety.

H. A bulk sale certificate shall be issued for each bulk sale and the white copy of this form sent to the certification agency within 10 days after the sale.

I. The following records shall be maintained and be available for inspection upon request by the certification agency:

1. Amount of certified seed grown and processed for bulk sale.

2. Amount of certified seed sold by variety and lot number.

3. Current inventory of seed available for sale of each variety.

J. No certification tags are to be issued when certified seed is sold in bulk.

K. Bulk sale certificate forms are available at the association office.

Statutory Authority

§§ 3.2-4024 of the Code of Virginia.

Historical Notes

Derived from VR172-01-01 § 9, eff. April 1980.