Current through 2024-38, September 18, 2024
A. The Division of
Plant Industry is the designated official seed certifying agency in certifying
the varietal purity, quality, vitality and disease-freedom of seeds of field
crops in accordance with these rules and standards.
B.
Classes of Seed
1.
Breeder Seed - Seed
recognized by the Division as being seed of a variety (cultivar) that has been
produced by a recognized plant breeder or plant breeders responsible for the
maintenance breeding of that variety under conditions which have insured that
the specific characteristics of the variety have been maintained and which
provides the source for the initial and recurring increases of seed of the
Certified classes.
2.
Foundation Seed - The approved progeny of Breeder or Foundation
Seed produced by seed growers authorized by the Division for the production of
seed of this class, and which has been so managed as to maintain its specific
genetic identity and purity. The seed is graded by a Division seed grain
inspector. Foundation is the highest class of seed of commerce.
3.
Registered Seed - The
approved progeny of Breeder or Foundation Seed so managed as to maintain
satisfactory genetic identity and purity. The production is supervised and
approved by the Division. The seed is graded by a Division seed grain
inspector.
4.
Certified
Seed - the approved progeny of Breeder, Foundation, or Registered Seed
so managed as to maintain satisfactory genetic identity and purity. The
production is approved by the Division. This seed is graded by a Division seed
grain inspector.
C. An
application for inspection and certification shall be made to the certifying
agency on or before June 1 of each year.
D.
Varieties
1. The production of certified seed of more
than 1 variety of a crop on the same farm shall be approved by the certifying
agency.
2. Certified seed shall not
be produced on land which grew any of the following plants the previous year:
a. An inseparable species having the same
growing season, except when summer fallowing intervenes.
b. Plants of another variety of the same
species.
c. Plants of the same
variety unless such plants came from certified seed.
E.
Detrimental
conditions
1. A field containing more
than an occasional weed which produces seed not readily separable from the crop
seed, or weed growth that will impair seed quality, or prevent adequate field
inspection is ineligible for certification. Field borders and weedy areas in
the field shall require mowing before harvest if in the judgment of the
inspector such action is necessary.
2. Crops submitted for certification shall be
rogued of weeds, other varieties and other crop plants by the grower before
field inspection.
3. Crops which
show lack of vigor, lack of uniformity, evidence of inadequate cultural care,
which are weedy or are subject to other conditions detrimental to production of
high quality seed are ineligible for certification.
4. The seed of that portion of a crop to be
field inspected which is less than 6 feet from an inseparable species, a
variety of the same species, or the same variety grown from noncertified seed
shall not be harvested for certification.
F.
Field inspection
1. A field inspection shall be performed by
the certifying agency when the identity of the variety, mixtures, weediness,
disease infection, vigor and crop quality can best be determined.
2. Seed submitted for certification shall be
harvested and handled in such a manner as to avoid mixtures and shall be stored
and processed in a place and manner approved by the certifying
agency.
3. Final certification by
the official certifying agency shall be based upon inspection of a minimum
representative sample of 5 pounds of cleaned seed. The submitted sample of
cleaned seed shall be representative of the entire lot of seed to be offered
for sale.
4. Analysis,
examinations, and germination tests of seed shall be conducted in accordance
with sections 2 to 4 of the rules of the Association of Official Seed Analysts
effective July 1, 1965. These are available from the Maine Department of
Agriculture, Food and Rural Resources, Division of Plant Industry, State Office
Building, Augusta, Maine 04333.
G. A bag or container of seed to be offered
for sale or sold as certified, registered or foundation shall be identified as
to variety. Seed offered for sale or sold as certified, registered or
foundation shall be placed in new bags or containers and have attached thereto
an official tag issued by the official certifying agency.
H. Seed produced in another state or country
and sold and delivered in this state as certified, registered or foundation
shall have been certified by a legally constituted agency of the state or
country of origin in accordance with rules and standards equivalent to those
established herein. Seed 0f such origin represented or labeled as registered
shall have been produced and certified in accordance with rules and standards
equal to or better than those established for Maine certified seed.
I. The minimum quality standards for
foundation and certified seed, other than those affecting genetic purity
established in this regulation, may be modified by the Commissioner of
Agriculture, Food and Rural Resources when application of the standard would
threaten continued normal propagation of a crop variety.
J.
Conditioning of Seed
1. Conditioners requiring certification
services shall apply to the certifying agency having jurisdiction where the
services are to be performed. In approving the conditioner to condition seed of
Certified classes, each certifying agency shall stipulate that the following
requirements must be met:
a. Facilities shall
be available to perform conditioning without introducing admixtures.
b. Identity of the seed must be maintained at
all times.
c. Records of all
operations relating to certification shall be complete and adequate to account
for all incoming seed and final disposition of seed.
d. Conditioners shall permit inspection by
the certifying agency of all records pertaining to Certified seed.
e. Conditioners approved to condition seed
for certification shall designate an individual who shall be responsible to the
certifying agency for performing such duties as may be required.
f. Approval of conditioners shall be on an
annual basis.
2. Seed
lots of the same variety and seed class may be blended and the seed class
retained. If lots of different classes are blended, the lowest class shall be
applied to the resultant blend. Such blending can only be done as authorized by
the certifying agency.
K. Any disease or pest that might adversely
affect Maine Agriculture, in the opinion of the Maine Commissioner of
Agriculture, Food and Rural Resources will be cause for withdrawal of
certification.
