Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
001 - AGRICULTURE - GENERAL
Chapter 252 - RULES GOVERNING CERTIFICATION OF SEED POTATOES IN THE STATE OF MAINE
Section 001-252-2 - PRODUCTION REQUIREMENTS

Universal Citation: 01 ME Code Rules § 001-252-2

Current through 2024-38, September 18, 2024

A. Application(s) and Eligibility

(1) Generally

(a) The requirements to certify seed potatoes in the Maine Seed Potato Certification Program include a Field Year Designation, Field Inspections, Post-Harvest Testing and a Shipping Point Inspection as provided in these rules. If planting a protected variety, documentation must be supplied indicating that the grower has permission to plant the protected variety and certify the seed.

(2) Field Inspections

(a) Applications for inspection of potato fields to be entered into the Maine Seed Potato Certification Program must be made on forms available from the Department.

(b) All the information required on the application form shall be complete and accurate.

(c) Full payment of the entry fee is required with the application. For a listing of the entry fees for the Maine Seed Potato Certification Program, see Section 8. Fee Schedule, A.

(d) The application and deposit must be received by the Department by June 15 of the current crop year. Applications not received by this date will be accepted at the discretion of the Department, but will be withheld if payment is due on past accounts.

(e) Applications that are not accompanied by the full entry fee will be held and not be entered into the Maine Seed Potato Certification Program until the full entry fee is paid.

(f) Evidence satisfactory to the Department proving origin and quality of seed must accompany the application including:

(i) Import Permit numbers or certification numbers in the case of growers using their own seed.

(ii) Designation of field year as defined in this Chapter.

(iii) Class of seed as either Certified or Foundation Seed Class.

(iv) Variety of seed potatoes.

(g) Seed potatoes that pass the field inspection requirements in Maine shall be entered into the Post-Harvest Test unless otherwise provided in this Chapter.

(3) Post-Harvest Test

(a) Applications for the Post-Harvest Testing of samples of seed potatoes must be made on forms available from the Department

(b) All information required on the application form must be complete and accurate.

(c) The application form and the entire fee for the Post-Harvest Test must be received by the Department prior to testing as determined by the Department. The Department can extend this deadline for the entire industry or for designated geographic areas if unusual weather or unforeseeable problems make it difficult for the deadline date to be met.

(d) The fee schedule for the Post-Harvest Test appears on the application form (see Fee Schedule).

B. Designation of Field Years in the Maine Seed Potato Certification Program

(1) Seed Originating from a Foundation Farming Operation

Year Production in Field	In Field Designation	Production Information
Year 0	Nuclear Seed	An approved laboratory producing Nuclear Seed minitubers and/or plantlets; See Appendix I for Nuclear laboratory procedures.
Year 1	Field Year 1	Planting of mini-tubers or transplants in soil
Year 2	Field Year 2	General release of most varieties from an approved Nuclear seed origination source.
Year 3	Field Year 3
Year 4	Field Year 4
Year 5	Field Year 5
Flush out	Tablestock/Processing potato producers

Growers Own Seed

All years, Pursuant to (2)(H)(2)(a-g)

(2) Propagation of Nuclear Seed

(a) The number of years of propagation from Disease Tested Tuber(s) must be designated at an approved Nuclear Seed Origination Source.

(b) Nuclear Seed may be propagated on an approved Nuclear Seed Origination Source, using meristem tissue culture or any other existing or new methods of vegetative propagation approved by the Commissioner.

(c) Nuclear Seed shall be increased in the laboratory/greenhouse and planted into the field at an approved Nuclear Seed Origination Source.

(3) Field Propagation of Seed on a Foundation Farming Operation that Passes the Requirements for Foundation Seed Class

(a) Mini-tubers or plantlets will be designated as: Field Year 1

(b) Field Year 1 planted will be designated as: Field Year 2

(4) Propagation of seed that passes the requirements for Certified or Foundation Seed Classes

(a) Field Year 3 passing seed requirements will be designated as: Field Year 4

(b) Field Year 4 passing seed requirements will be designated as: Field Year 5

(5) Field Year Designation for Imported Seed

(a) All seed from an out-of-state source shall comply with Department Rule Chapter 255 - Imported Seed Potatoes.

(b) Seed potatoes imported into the state shall meet all the requirements for certification under the Maine Seed Potato Certification Program, including the Post-Harvest Test requirement as prescribed by this Chapter.

(c) All import certificates shall specify the imported seed's field year, which shall meet or exceed the criteria for its equivalent field year in the Maine Seed Potato Certification Program.

(d) The Commissioner shall determine and designate the field year of the imported seed, which will be given the same field year designation as equivalent Maine seed in the Maine Seed Potato Certification Program.

C. Production and Importation of Nuclear Seed

(1) Authorization

(a) The Commissioner may authorize Nuclear Seed Origination Sources in Maine to produce Nuclear Seed from Disease Tested Tuber(s).

(b) Any person seeking authorization to produce, import or sell Nuclear Seed in Maine shall apply to the Department and comply with all terms and conditions as the Commissioner may require.

(2) Methods of Propagation

(a) Nuclear Seed shall be propagated from Disease Tested Tuber(s). Methods of propagation may include meristem tissue culture or any other existing or new method of vegetative propagation approved by the Commissioner, which breaks the normal tuber-to-tuber cycle of propagation.

(3) Testing Requirements

(a) The initial Disease Tested Tuber(s) must be tested and found free of the following diseases and pathogens: Bacterial Ring Rot (Clavibacter spp.), Blackleg (Pectobacterium spp. and Dickeya spp.), Bacterial Wilt (Ralstonia spp.) and Potato Spindle Tuber Viroid.

(b) Plants produced from Disease Tested Tuber(s) must be tested and found free of the following diseases and pathogens: Potato Spindle Tuber Viroid, the Necrotic Strain of Potato Virus Y (PVY-N), Potato Mop Top Virus, Leafroll and Mosaic viruses.

(4) Importation Requirements

(a) No shipper, handler or importer of Nuclear Seed or person selling such material shall bring into the State of Maine any Nuclear Seed unless a Seed Potato Import Permit has been issued, the Nuclear seed inspected and appears to be free from all injurious insects and diseases issued to the shipper, handler or importer.

(b) Any Nuclear Seed, except Disease Tested Tuber(s) transported into the State must have been grown in a soilless pasteurized potting mix or from an approved hydroponic greenhouse production system.

(c) Seed Potato Inspectors may inspect, at the point of destination, all Nuclear Seed coming into the State whether under certificate or not, and if such seed is found to be infested or infected with any injurious insect or disease, shall cause it to be destroyed or returned to the consignor at the consignor's expense.

D. Production and Sale of Field Year Seed 1, 2 and 3 on a Foundation Farming Operation

(1) Authorization of a Foundation Farming Operation

(a) The Commissioner shall authorize Maine potato growers to produce Field Year Seed 1, 2 and 3 only when they can demonstrate the capability of producing such.

(b) Any person seeking authorization to produce or import Field Year Seed 1, 2 and 3 into Maine shall apply to the Department and comply with all terms and conditions as the Commissioner may require.

(2) Additional Criteria for Authorization of Production and Sale of Field Year Seed 1, 2 and 3 on a Foundation Farming Operation in Maine

(a) If, pursuant to Section 6. A., the Bacterial Ring Rot disease or pathogen is confirmed on a Foundation Farming Operation producing Field Year Seed 1, 2 and 3, such Foundation Farming Operation is prohibited from selling Field Year Seed 1, 2 and 3 for three years following confirmation of the disease or pathogen, unless the operation:

(i) eliminates all seed lots on the farming operation the year that the Bacterial Ring Rot disease or pathogen is confirmed; and

(ii) is free of Bacterial Ring Rot disease during the summer field inspection program and during storage in all the new lots obtained. If Bacterial Ring Rot disease is found in any of the new lots obtained on the Foundation Farming Operation, all Field Year Seed 1, 2 and 3 lots on the operation drop to Field Year 4, except for Field Year Seed 1 and 2 lots which are free of Bacterial Ring Rot disease and which are to be replanted on the same operation. The field year of such lots drops to Field Year 3 if younger than Field Year 3. See also 6. A.(2) for additional requirements when the Bacterial Ring Rot disease is confirmed; and

(iii) submits to a USDA-APHIS approved laboratory a 400 tuber sample of the progeny of all the new lots which were free of the Bacterial Ring Rot disease during summer field inspection per 15 acres of production. The Department must find these samples free of the Bacterial Ring Rot pathogen through the testing protocol specified in 6.A.(1) of this Chapter prior to sale of such progeny as Field Year Seed 1, 2 and 3. If the Bacterial Ring Rot pathogen is confirmed during laboratory testing of the progeny of any of the new lots, all Field Year 1, 2 and 3 lots on the Foundation Farming Operation drop to Field Year 4 except for Field Year Seed 1 and 2 lots which are free of the Bacterial Ring Rot pathogen and which are to be replanted on the same operation. The field year of such lots drops to Field Year 3 if younger than Field Year 3. See also 6.A.(2) for additional requirements when the Bacterial Ring Rot pathogen is confirmed.

(b) If, pursuant to Section 6.A., the Bacterial Ring Rot disease or pathogen is confirmed in two out of three succeeding years on a Foundation Farming Operation producing Field Year Seed 1, 2 and 3, such farming operation:

(i) cannot sell Field Year Seed 1, 2 and 3 for one year following confirmation of the Bacterial Ring Rot disease or pathogen the second time;

(ii) cannot sell Field Year Seed 1, 2 and 3 for the second and third years following confirmation of the Bacterial Ring Rot disease or pathogen for the second time, unless the operation:

1. eliminates all seed lots on the farming operation each of the two years following the year that the Bacterial Ring Rot disease or pathogen was confirmed for the second time; and

2. is free of Bacterial Ring Rot disease during the summer field inspection program and during storage, in all the new lots obtained, each of the two years following the year that the Bacterial Ring Rot disease or pathogen was confirmed. If Bacterial Ring Rot disease is present in any of the new lots obtained on the Foundation Farming Operation, all Field Year Seed 1, 2 and 3 lots on the operation drop to Field Year 4, except for Field Year Seed 1 and 2 lots which are free of Bacterial Ring Rot disease and which are to be replanted on the same operation. The field year of such lots drops to Field Year 3 if younger than Field Year 3. See also 6.A.(2) for additional requirements when the Bacterial Ring Rot pathogen is confirmed.

3. submits to a USDA-APHIS approved laboratory, at grower's cost, a 400-tuber sample of the progeny of all the new lots which were free of the Bacterial Ring Rot disease during summer field inspection each of the two years following the year that the Bacterial Ring Rot disease or pathogen was confirmed for the second time, per 15 acres of production. The USDA-APHIS approved laboratory must find these samples free of the Bacterial Ring Rot pathogen through the testing protocol specified in 6.A.(1) of this Chapter prior to sale of such progeny as Field Year Seed 1, 2 and 3. If the Bacterial Ring Rot pathogen is confirmed during laboratory testing of the progeny of any of the new lots, all Field Year Seed 1, 2 and 3 lots on the Foundation Farming Operation drop to Field Year 4, except for Field Year Seed 1, 2 and 3 lots which are free of the Bacterial Ring Rot pathogen and which are to be replanted on the same Foundation Farming Operation. The field year of such lots drops to Field Year 3 if younger than Field Year 3. See also 6.A.(2) for additional requirements when the Bacterial Ring Rot pathogen is confirmed.

(c) All potato fields planted on a Foundation Farming Operation producing Field Year Seed 1, 2 and 3 must be entered into the Maine Seed Potato Certification Program.

(d) All seed lots planted on the Foundation Farming Operation Field Year Seed 1, 2 and 3 must be of the Foundation Class except that seed lots of the Certified Class which were produced on a farming operation where all potatoes were checked for Bacterial Ring Rot may be planted provided that:

(i) These seed lots are rogued such that they contain no more than 0.5% total virus prior to the first inspection.

(ii) These seed lots are planted at least 500 feet from any Field Year 1, 2 or 3 field.

(iii) If either 1 or 2 above is not met, then all Field Year Seed 1, 2 and 3 lots within 500 feet of the Certified Class lot on the farm or farming operation will be designated Field Year 3, except that seed potatoes designated as Field Year 3 at planting will be designated Field Year 4.

(e) All plots planted with and/or Field Year 1,2 and 3 must be located on sod ground or on ground where potatoes were not grown the previous year.

(f) Fields planted with Field Year 2 must be located on ground where potatoes were not grown the previous year or on ground where Field Year 2 of the same variety was harvested the previous year.

(3) Designation of Field Year 1, 2 and 3 Seed produced on a Foundation Farming Operation that meet the requirements of this Chapter will be designated as follows:

(a) Field Year 1 seed will be designated as: Field Year 2

(b) Field Year 2 seed will be designated as: Field Year 3

(4) Production and Sanitation Requirements

(a) Field Year 1, 2 and 3 Seed produced on a Foundation Farming Operation shall be entered into the Maine Seed Potato Certification Program and must be in conformity with the requirements of this Chapter.

(b) All plots planted with Nuclear Seed and/or Field Year 1, 2 and 3 Seed should be free of volunteer plants.

(c) Nuclear Seed derived from the same mother plant, mother tuber, or meristem must be planted together in segregated units. Subunits may be established for testing purposes at the request of the grower.

(d) Within a row different units must be separated by a minimum of three feet, and must be permanently marked and labeled at both ends. A field map must be submitted with the Inspection Application.

(e) All units planted with Nuclear Seed and/or Field Year 1, 2 and 3 Seed must have at least one blank row between different field years of the same variety.

(f) Field Year 1 Seed of the same variety may be composited at harvest.

(g) All plots planted with Field Year 1, 2 and 3 Seed should be planted before other potato fields. In cases where this is not possible, crop handling equipment must be thoroughly washed and completely disinfected prior to planting Field Year Seed 1, 2 and 3 plots.

(h) All plots planted with Field Year 1, 2 and 3 Seed must be harvested before other potato fields.

(i) Crop handling equipment used in the production of the Foundation Class of seed may be used for Field Year 1, 2 and 3 Seed provided that the machinery is thoroughly washed and completely disinfected under the direction of a Seed Potato Inspector prior to entry into Foundation Seed fields. Crop handling equipment used in the production of the Certified Class of seed may not be used in the production of Field Year 1, 2, and 3 Seed unless these seed lots are planted at least 500 feet from any Field Year 1, 2 or 3 Seed field as provided by 2.D.(2)(d) of this section.

(j) All cultural operations and spraying must be completed in fields planted with Field Year 1, 2 and 3 Seed before working in other fields.

(k) Growers must notify their inspector when herbicides or insecticides are applied to their seed and/or fields. Field notification must be done prior to Inspector entering their field.

(l) Crop handling equipment must be thoroughly washed to remove soil and organic matter and completely disinfected between fields containing different varieties and seedlings of Field Year 1, 2 and 3 Seed.

(m) Crop handling equipment must be thoroughly washed to remove soil and organic matter and completely disinfected prior to harvesting fields containing Field Year 1, 2 and 3 Seed.

(5) Field Disease Tolerances for Field Year 1, 2 and 3 Seed

(a) Foliage of plants produced from Nuclear Seed must be visually inspected and must contain no more than 0.1% total virus. In fields in which this tolerance is exceeded, growers will be given the opportunity to rogue the field to bring it within the tolerance specified.

(b) If upon re-inspection of fields which exceed the tolerance specified in 2.D.(6)(a) of this section the Inspector finds that the virus level still exceeds 0.1%, the lot will drop to the next appropriate field year.

(c) Foliage of plants produced from Field Year 1 must be visually inspected and must contain no more than 0.25% total virus. In fields in which this tolerance is exceeded, growers will be given the opportunity to rogue the field to bring it within the tolerance specified.

(d) If upon re-inspection of fields which exceed the tolerance specified in 2.D.(6)(c) of this section the Inspector finds that the virus level still exceeds 0.25%, the lot will drop to the next appropriate field year.

(e) If Potato Spindle Tuber Viroid is found during the inspection of Nuclear Seed, all plants derived from the same mother plant, mother tuber or meristem shall be rejected from the Maine Seed Potato Certification Program.

(f) Plants produced from Field Year 2, 3, and 4 must be inspected in the field during the growing season in the same manner and must meet the same standards as the Foundation Seed Class.

(6) Post-Harvest Testing of Field Year 1, 2 and 3 Seed on a Foundation Farming Operation

(a) The Post-Harvest Testing requirement is waived for Field Year 1 Seed providing that such seed potatoes are not sold as seed during the year that this requirement is waived.

(b) All lots of Field Year 2 and 3 Seed must be Post-Harvest tested. Field Year 1 may be tested upon request of the producing grower.

(c) Sample sizes and disease tolerances for the Post-Harvest Testing of Field Year 1, 2 and 3 Seed are discussed in the Post-Harvest section of Production Requirements, 2.F.(2)(a) and 2.F.(6)(a) respectively.

(7) Storage and Sizing of Field Year 1, 2 and 3 Seed on a Foundation Farming Operation

(a) Field Year 1, 2 and 3 Seed must be stored and handled in a seed potato storage facility where all potatoes have been inspected and found to be free from Bacterial Ring Rot during the growing season.

(b) Field Year 1, 2, and 3 Seed of each variety must be stored separately and must be segregated from non-nuclear potatoes in storage.

(c) When packed for shipment, Field Year 1, 2 and 3 Seed must meet the grade requirements for certified seed (Department Rule Chapter 253 - Official Seed Potato Grade for Maine Certified Seed Potatoes), except the undersize tolerance is waived for Field Year 1 and 2 Seed. Growers who purchase Field Year 1, 2 and 3 Seed are encouraged to separate the seed sizes before planting for uniform emergence.

(d) Any sanitary practices which the Inspector deems necessary during sizing or packing to avoid disease and contamination must be followed.

(8) Requirements Not Met

(a) Nuclear Field Year 1, 2 and 3 Seed that is not produced in accordance with the requirements specified in this Chapter will not be eligible for propagation as Field Year 2 and 3 Seed. Seed potatoes produced in such instances and which pass the requirements for the Certified or Foundation Seed Class will be designated Field Year Seed 3, except that seed potatoes designated as Field Year 3 Seed at planting will be designated Field Year 4.

E. Field Inspection for Certified and Foundation Seed Classes

(1) Frequency of Inspection

(a) Each field entered in the Maine Seed Potato Certification Program shall receive at least two field inspections by the Department, spaced approximately one month apart during the growing season.

(b) One or more additional inspections by the Department for Bacterial Ring Rot will be made after the second inspection and before top kill.

(2) Field Inspection for Foundation Seed Class

(a) To be eligible for the Foundation Seed Class, seed potatoes must be inspected in the field during the growing season in the same manner as the Certified Seed Class and must meet the tolerances for the Certified Seed Class.

(b) Maine does not designate the Foundation Seed Class based upon tolerances during field inspection but designates this class based upon disease levels observed in the Post-Harvest Test and other requirements set forth herein for the Foundation Seed Class.

(3) Tolerances for Certified Seed Class

(a) Maximum tolerances allowed for the Certified Seed Class during field inspections are:

Disease or Condition	First Inspection	Second Inspection
Leafroll	2%	1%
Mosaic	3%	2%
Total Virus	3%	3%
Varietal Mixture	1%	0.25%
Potato Spindle Tuber Viroid	Zero	Zero
Bacterial Ring Rot	Zero	Zero
Root Knot Nematode	Zero	Zero
Blackleg FY1	0.1%	0.1%
FY2	0.2%	0.2%
FY3	1.0%	1.0%
FY4	2.0%	2.0%
FY5	2.0%	2.0%

(b) Any field which according to the Department's sampling methods, exceeds the maximum tolerances, for all the diseases listed except blackleg, allowed for the Certified Seed Class during any field inspections will be rejected from the Maine Seed Potato Certification Program.

(c) Any field exceeding the blackleg tolerance for that particular generation will be downgraded to the next generation in which it meets that blackleg tolerance.

(4) Appeal of Inspections

(a) Any grower of Certified Seed may appeal the decision of an Inspector by making such appeal in writing to the Maine Seed Potato Certification Program, in the Department. Such appeal must be received within one week following the inspection and must state clearly the reason for the appeal and show cause why a re-inspection, or lab test (at the grower's expense) should be conducted. Roguing or sorting will not be permitted between the time of inspection and examination following appeal.

(b) Upon receipt of the appeal notice, the Maine Seed Potato Certification Program will re-inspect the lot within three working days, providing the plants are healthy enough to be re-inspected, and will notify the grower of the results.

(5) Intentions to Vine Kill

(a) Growers shall notify the Inspector at least two days prior to commencing vine kill.

(6) Inspection of Processing and Tablestock Fields

(a) In order for seed potatoes produced on a farming operation on which some lots are not entered into the Maine Seed Potato Certification Program to be offered for sale in the state, either of the following must occur:

(i) all lots not entered for certification must be visually inspected by the Department and found free of Bacterial Ring Rot; or

(ii) any lot otherwise passing all the requirements of the Certified Seed Class must also have 400 randomly selected tubers per 40 acres of production tested by a USDA-APHIS approved laboratory and found free of the Bacterial Ring Rot pathogen according to the protocol in 6.A.(1)

(iii) The grower or his/her representative must contact his/her Inspector to verify that a correct sample has been taken. The grower must submit the sample to the laboratory and he/she and the Department must directly receive the results of the laboratory evaluation. The cost of the testing will be borne by the grower or his/her representative.

(b) These requirements are waived for seed that is produced for a grower's own use or that is sold out-of-state.

(c) These requirements are also waived for the non-seed portion of a lot on a farming operation provided that a portion of the same lot is entered in the Maine Seed Potato Certification Program on that farming operation.

(d) If the Bacterial Ring Rot pathogen is found during either of the options specified in 2.E.(6)(a) of this section, the requirements contained in 6.A.(2) and 6.A.(3) must also be met.

F. Post-Harvest Test Requirements

(1) Varieties, Classes and Field Years of Seed Potatoes to be Tested

(a) The Post-Harvest Test will beconducted as a laboratory evaluation of the appropriate number of plants/tubers specified in 2.F.(2). The number of tubers to be tested must comply with the requirements of this Chapter. The testing costs of a USDA-APHIS approved laboratory will be borne by the producer.

(b) All varieties, classes and field years of seed potatoes must be Post-Harvest Tested to be eligible for certification, except as specified below:

(i) The Post-Harvest Test requirement is waived for seed potatoes of any variety or seedling grown on an aggregate of no more than one acre by any grower, provided that such seed potatoes are not to be sold as seed potatoes during the year that the requirement is waived.

(ii) The Post-Harvest Test requirement is waived for Field Year 1 Seed providing that such seed potatoes are not sold as seed during the year that the requirement is waived.

(iii) The Post-Harvest Test requirement is waived for seed potatoes of any variety and field year for out of state export that meet the requirements of (2 .9. (a)). Seed lots must be entered for Post-Harvest testing immediately after harvest as defined by the Department, or the samples will not be eligible for post-harvest testing.

(2) Size of Sample

Samples will be lab tested at the following rates: 200 tuber sample for 0-4.9 acres, 250 tuber sample for 5-40 acres, 250 tuber sample plus 10 tubers for each addition acre over 40 acres. The sample(s) must be representative of the field and/or stored seed potatoes tested.

(3) Size of Tubers

The size of the tubers for the Post-Harvest Test must be not less than 1 1/2" in diameter and should not exceed 3 1/4 " in diameter.

(4) Representative Sample

The sample taken for the Post-Harvest Test must be representative of the field and/or stored seed potatoes to be tested.

(5) Sample Quality Requirement

Samples with less than 50% ability to test owing to such factors as sample degradation or lack of suitable plant tissue to conduct testing will be granted certification on the basis of the results of the summer field inspection.

(6) Disease Tolerances

(a) Foundation Seed Class

(i) Seed potatoes from which samples show 1/2% or less total virus diseases Leafroll (PLRV) and Mosaic (PVY) in the Post-Harvest Test, and no Potato Spindle Tuber Viroid, Bacterial Ring Rot, or Root Knot Nematode in Inspections will be designated as Foundation Seed Class providing they meet the other requirements of this class.

(ii) The disease tolerances for Foundation Seed in the Post-Harvest Test are:

Disease	Tolerance
Leafroll (PLRV)	1/2%
Mosaic (PLRV)	1/2%
Total Virus	1/2%
Potato Spindle Tuber Viroid*	Zero No Tolerance
Bacterial Ring Rot*	Zero No Tolerance
Root Knot Nematode*	Zero No Tolerance

(iii) Seed represented by the samples not meeting the tolerances listed in 2.F.(6)(a)(i) and (ii) above will be designated as Certified Class Seed providing it meets the tolerances and other requirements of this Class.

(iv) See also the Additional Requirements for Foundation Seed Class, Section 5.

(b) Certified Seed Class

(i) Seed potatoes from which samples show 5% or less total of the virus diseases Leafroll (PLRV) and Mosaic (PVY) in the Post-Harvest Test, and no Potato Spindle Tuber Viroid or Bacterial Ring Rot in Field Inspections will be designated as Certified Seed Class providing they meet the other requirements of this class.

(ii) The disease tolerances for Certified Seed in the Post-Harvest Test are:

Disease Tolerance	Tolerance
Leafroll (PLRV)	5%
Mosaic (PVY)	5%
Total Virus	5%
Potato Spindle Tuber Viroid*	Zero Tolerance
Bacterial Ring Rot*	Zero Tolerance
Root Knot Nematode*	Zero Tolerance

(7) Rejection from Maine Seed Potato Certification Program

(a) Seed potatoes represented by a sample in the Post-Harvest Test not passing the tolerances for the Certified Seed Class defined in this section will be rejected from certification and cannot be sold as seed.

(b) Samples having a Post-Harvest Test result of no greater than 9% can elect to have their sample retested.

(i) Any such request must be made in writing to the Commissioner within 10 business days of receipt of the grower's Post-Harvest Test results.

(ii) Retesting will be conducted on the originally submitted PHT sample utilizing a different method of testing as the initial test (i.e. if initial test was conducted using ELISA method, the retest may be conducted by PCR method or other suitable molecular method).

(iii) All testing costs will be paid by the grower requesting the test.

(8) Averaging of Lots

(a) If two of more Post-Harvest Test samples are collected from the same lot of seed potatoes, Post-Harvest Test results from these samples will automatically be averaged unless the grower can demonstrate that the seed potatoes represented by those samples have been segregated in storage.

(b) Averaging of the Post-Harvest Test results of two or more samples which have been segregated in storage will be allowed at the discretion of the Inspector and under the following conditions:

(i) Lots of potatoes represented by Post-Harvest Test samples which have no more than a 0.5% difference in total virus readings require no blending to be averaged.

(ii) Lots of potatoes represented by Post-Harvest Test samples with a total virus reading greater than a 0.5% difference must be blended in order to be averaged.

(iii) Lots of potatoes represented by Post-Harvest Test samples with a total virus reading greater than 1% may not be averaged to meet Foundation tolerance.

(iv) Lots of potatoes represented by Post-Harvest Test samples with a total virus reading greater than 5% may not be averaged to meet Certified tolerance.

(c) If two or more lots are to be blended to meet Foundation tolerance, then amounts of each lot involved must be mixed proportionally, under the direction of the Seed Potato Inspector, to meet this tolerance.

(9) Shipments for Out of State Export for Commercial Planting

(a) Seed potatoes may be certified and shipped for out-of-state export, excluding the Post-Harvest Test results, based upon the tolerances allowed during the field inspections providing all other certification requirements are met according to Chapter 253:OFFICIAL SEED POTATO GRADE FOR MAINE CERTIFIED SEED POTATOES.

(i) See also the Packing Requirements (4.A.(3)) for out-of-state export shipments.

G. Other Seed Potato Production Requirements

(1) Sprout Inhibitor

Any field or seed in storage treated or partially treated with any sprout inhibitor applied to the growing crop or seed while in storage, shall be rejected from the Maine Seed Potato Certification Program and cannot be sold as seed potatoes.

(2) Other Diseases and Pests

Any disease or pest not covered by these rules that might adversely affect the Maine potato industry or Maine agriculture in the judgment of the Commissioner will be cause for potatoes to be rejected or withdrawn from certification, provided that action by the Commissioner shall become final after opportunity for a hearing is afforded the grower(s).

(3) Special Conditions

Any condition such as foliage diseases, excess weed, hail injury, foreign plants, chemical damage, insect damage or soil conditions that interfere with proper inspection may be cause for rejection from certification.

H. Waivers and Special Certifications

(1) General Waiver

(a) The Commissioner may, upon application of one or more growers and for good cause, temporarily waive any of the requirements for the field year designation and/or Post-Harvest Testing, provided that seed potato quality in Maine is not thereby jeopardized.

(b) Any such waiver may be granted only upon written application of the grower(s) involved, providing the following information:

(i) The specific request including the amount, variety, generation, Post-Harvest Test results, and other specific information.

(ii) Documentation must be provided by the person requesting the waiver of the quantity and availability of seed of the variety, both in-state and in other states and provinces.

(iii) The disease content of the available seed, both in-state and in other states and provinces.

(iv) The economic impact on the industry through loss of contracts, established markets, and other relevant information if the waiver is not granted.

(v) Possible impacts of the waiver on the seed industry.

(c) If the Commissioner grants such waiver, the grower(s) shall comply with the terms and conditions required by the Commissioner.

(d) The Commissioner shall give public notice in a newspaper of general circulation in the area where the potatoes are to be grown and in such other publications or forms as the Commissioner finds appropriate of all requests for waivers under this section and shall provide a minimum of five days for interested persons to comment. Any person making request to receive copies of all such notices shall be provided with them.

(e) Prior to granting any waiver the Commissioner must review all waiver requests with the Maine Potato Board's Seed Executive Council. The Commissioner must provide all the information on each wavier to the Council prior to the review. The Seed Executive Council shall make recommendations to the Commissioner regarding if the waiver should be granted and any conditions that should be applied to the waiver. If the Commissioner's decision on waivers is different than the recommendation of the Seed Executive Council, the Commissioner will provide the Seed Council with an explanation as to why the recommendations were not followed.

(2) Certification of Grower Seed Plot

(a) Growers may seek certification for seed potatoes grown by them exclusively for their own use and not for sale. Such certification may be allowed regardless of the field year, provided all other requirements are met for certification.

(b) In order to qualify for "Grower's Own Seed" lot, a grower must produce tablestock and/or processing potatoes in the farming operation.

(c) The seed produced from the seed plots will be designated as "Grower's Own" providing it meets the requirements of the Certified Seed Class.

(d) The seed plot used to produce "Grower's Own" must be entered into the Maine Seed Potato Certification Program and pass all of the requirements for the Certified Seed Class.

(e) Seed potatoes classified as "Grower's Own" cannot be sold as seed.

(f) Seed lots not meeting all requirements of this section will not qualify for the "Grower's Own" designation.

(g) All potatoes used as seed on any farm in Maine must qualify as "Grower's Own" under this section or otherwise be certified or authorized under this Chapter. Potatoes not so certified or authorized do not meet the minimum standards for planting under 7 M.R.S. §951-A.

(3) Certification of Experimental Varieties and Seedlings

(a) The Commissioner may allow for certification of Experimental new varieties or seedlings which are produced or imported by Maine growers for the purpose of testing their adaptability for commercial use in the state and which are not available from an authorized Nuclear Seed Origination Source and not currently commercially produced in the state.

(b) Varieties or seedlings shall be deemed to be commercially produced when a total of one hundred acres or more have been certified in the State in the current or in any previous year.

(c) Any person seeking such certification shall apply to the Commissioner in writing and shall provide such information and comply with the terms and conditions as the Commissioner may require, including meeting all pertinent requirements of the Maine Seed Potato Certification Program.

(d) Varieties or seedlings accepted for certification as Experimental will be designated Experimental in the Maine Seed Potato Certification Program.

(e) Production from a Research and/or Experimental facility cannot be sold as seed. Seed produced at these facilities can be used for evaluation and commercial trials if part of a breeding or program but, not entered for recertification. Each facility that ships seed for evaluation and or commercial trials must file a report with the Commissioner by July 1st of each year on the volume, variety and location of all shipments of seed.

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Code of Maine Rules01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY001 - AGRICULTURE - GENERALChapter 252 - RULES GOVERNING CERTIFICATION OF SEED POTATOES IN THE STATE OF MAINESection 001-252-2 - PRODUCTION REQUIREMENTS

Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
001 - AGRICULTURE - GENERAL
Chapter 252 - RULES GOVERNING CERTIFICATION OF SEED POTATOES IN THE STATE OF MAINE
Section 001-252-2 - PRODUCTION REQUIREMENTS