Administrative Code

Virginia Administrative Code
12/9/2021

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.

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