Current through Register Vol. 48, No. 3, March 22, 2024
In order to qualify as a seed certifying agency for purposes of
section
101(a)(24) of the
Federal Seed Act (7 U.S.C. 1551) the
Fertilizer Regulatory and Certification Services of Clemson University,
hereinafter referred to as the Seed Certification Department, enforces
standards and procedures, as conditions for its certification of seed, that
meet or exceed the standards and procedures specified in sections 201.68-201.78
of Federal Seed Act Regulations.
The following are the minimum standards required for the
certification of seed and vegetative propagating material for genetic purity
and identity by the Seed Certification Department. This seed certification
program shall cover planting stocks of varieties*, hybrids, multi-lines,
synthetics, etc. produced, conditioned, sampled, tested and labeled in
accordance with the standards of the Seed Certification Department.
Crops Without Published Standards
In the case of crops for which no standards have been published
in South Carolina, standards of the Federal Seed Act or the Association of
Official Seed Certifying Agencies (AOSCA) shall apply. If no Federal or AOSCA
standards have been published for the crop, standards of an AOSCA member agency
certifying the crop will be used until South Carolina Standards are
published.
I. Classes of Seed
Recognized and Definition of Terms
A. Breeder
Seed is seed or vegetative propagating material directly controlled by the
originating or sponsoring plant breeding institution, firm, or individual, and
is the source for the production of the other classes of certified
seed.
B. Foundation Seed is a class
of certified seed which is the progeny of Breeder or Foundation seed or
vegetative propagating material produced and handled to maintain genetic purity
and identity, as outlined for Foundation seed in the standards of the Seed
Certification Department.
C.
Registered Seed is a class of certified seed which is the progeny of Breeder or
Foundation or vegetative propagating material produced and handled to maintain
genetic purity and identity as outlined for Registered seed in the standards of
the Seed Certification Department.
D. Certified Seed is a class of certified
seed which is the progeny of Breeder or Foundation or Registered seed or
vegetative propagating material produced and handled to maintain genetic purity
and identity as outlined for Certified seed in the standards of the Seed
Certification Department.
E.
Variety-The term variety (cultivar) denotes an assemblage of cultivated
individuals which are distinguished by any characters (morphological,
cytological, chemical or others) significant for the purposes of agriculture,
forestry, or horticulture and which, when reproduced (sexually or asexually) or
reconstituted, retain their distinguishing features.
F. Off-type-a plant or seed not part of the
variety in that it deviates in one or more characteristics from that which has
been described by the breeder as being usual for the strain or
variety.
G. Hybrid-The term
"hybrid" applied to kinds or varieties of seed means the first generation seed
of a cross produced by controlling the pollination and by combining (1) two or
more inbred lines; (2) one inbred or a single cross with an open pollinated
variety; or (3) two selected clones, seed lines, varieties, or species.
"Controlling the pollination" means to use a method of hybridization which will
produce pure seed which is at least 75 percent hybrid seed. Hybrid designations
shall be treated as variety names.
H. Open-pollination-The term
"open-pollination" means pollination that occurs naturally as opposed to
controlled pollination, such as by detasselling, cytoplasmic male sterility,
self-incompatibility or similar processes.
I. Lot of Seed-a definite quantity of seed
identified by a lot number, every portion or bag of which is uniform, within
permitted tolerances, for the factors which appear in the labeling.
J. Purity-the name of the kind, type or
variety and the percentage thereof; the percentage of other crop seed; the
percentage of weed seeds; the percentage of inert matter; and the names of the
noxious weed seeds and the rate of occurrence of each.
K. Conditioning-the various procedures
involved in the mechanical handling of seed after harvesting to prepare the
seed for marketing.
L.
Variants-seed of plants which are (a) distinct within the variety but occur
naturally within the variety, (b) stable and predictable with a degree of
reliability comparable to other varieties of the same kind, within recognized
tolerances, when the variety is reproduced or reconstituted and (c) which were
a part of the variety as originally released. Variants are not to be considered
off types.
M. Label-the term label
as used herein shall be defined as an attachment to or printed area of a seed
container which contains product identity and quality information as required
by these standards and the SC Seed Law.
II. Eligibility Requirements for
Certification of Varieties
A variety shall be eligible for certification in South Carolina
only if it has been approved as meriting certification by the Seed
Certification Department or one other agency which is a member of AOSCA, or by
an appropriate national variety review board. The originator, developer, owner
or agent must provide the following information when eligibility for
certification is requested (this information may be submitted on forms provided
by the Seed Certification Department or on an application for US Plant Variety
Protection):
A. The name of the
variety. This name must be the established name if the variety has previously
been marketed.
B. A statement
concerning the variety's origin and the breeding procedure used in its
development.
C. A detailed
description of the morphological, physiological and other characteristics of
the plants and seed that distinguish it from other varieties, including
variants and the frequency expected within the variety.
D. Evidence of performance of the variety,
such as comparative yield data, insect and disease resistance, or other factors
supporting the identity of the variety.
E. A statement delineating the geographic
area or areas of adaptation of the variety.
F. A statement on the plans and procedures
for the maintenance of seed classes, including the number of generations
through which the variety may be multiplied.
G. A description of the manner in which the
variety is constituted when a particular cycle of reproduction or
multiplication is specified.
H. Any
additional restrictions on the variety, specified by the breeder, with respect
to geographic area of seed production, age of stand or other factors affecting
genetic purity.
I. A sample of seed
representative of the variety as marketed.
Upon approval of a variety for certification, a detailed
description of the identifiable characteristics of the variety shall be
supplied the Secretary of AOSCA by the Seed Certification Department. The
Secretary of AOSCA shall make this description available to other certifying
agencies to enable certification of the variety in their states.
III. Limitations of
Generations
The number of generations through which a variety may be
multiplied shall be limited to that specified by the originating or sponsoring
breeder or owner of the variety and shall not exceed two generations beyond the
Foundation seed class with the following exceptions:
A. Re-certification of the Certified class
may be permitted for older varieties where Foundation seed is not being
maintained.
B. The production of an
additional generation of the Certified class only may be permitted on a
one-year basis, when an emergency is declared by the certifying agency stating
that the Foundation and Registered seed supplies are not adequate to plant the
needed Certified acreage of the variety. The permission of the originating or
sponsoring plant breeder, institution, firm or owner of the variety, if
existent, must be obtained. The additional generation of certified seed to meet
the emergency need is ineligible for re-certification.
IV. Application for Certification
A. All persons who desire to have seed
certified in S.C. must file applications with the Seed Certification
Department. Application blanks are available by contacting the Seed
Certification Department or by accessing it online at: Clemson.
edu/frcs.
B. Establishing the
Source of Seed.
In order to establish the source, class and quantity of seed
used to plant each crop to be considered for certification, the applicant must
submit with the application an invoice or bill of lading and one label from
each lot of seed planted or in the case of turfgrass, a turfgrass certificate
must be submitted. In cases where growers plant eligible seed from their own
production, lot numbers for the seed stock used must be provided with the
application to allow for verification that an acceptable analysis report is on
file with the Seed Certification Department. The applicant's signature on the
application for certification is affidavit that the information submitted for
verification of seed eligibility represents the total amount of seed
used.
C. Certification
Charges and Dates for Filing Applications.
Completed applications with accompanying seed documentary
evidence specified in section B should be filed with the Seed Certification
Department by the appropriate dates specified on the application and should be
accompanied with applicable fees as indicated on the certification application
form.
D. Late Application
Fee
If an applicant fails to file application within 15 days of the
deadline date for filing an application for certification of a crop, a late
application fee will be added to regular certification charges.
E. Canceling Applications
To receive a full refund of all charges related to the
application, applicants desiring to cancel applications for certification must
inform the Seed Certification Department in sufficient time to notify the field
inspector. If the inspector cannot be notified in time to prevent an
unnecessary trip to the farm, the farm fee indicated on the application will be
assessed.
V.
Production of Seed
A. Maintenance of Genetic
Purity and Identity
1. The applicant for
certification shall be responsible for maintaining genetic purity and identity
at all stages of certification including seeding, harvesting, storage,
conditioning and labeling of the seed. Failure of the applicant to maintain
genetic purity and identity at any stage of certification shall be cause for
rejection of the crop for certification.
2. The applicant's signature on the
application for certification is affidavit of the following:
a. That all equipment involved in planting,
harvesting or other handling will be adequately cleaned to maintain genetic
purity and identity of the seed.
b.
That only the seed verified as the eligible seed source on the application was
planted in the field(s) described on the application.
c. That the identity of the seed will be
maintained from harvest to the time it leaves the applicant's possession
through the use of an identification system as indicated in this section, F and
section VI, B, 2.
B. Unit of Certification
The unit of certification shall be a clearly defined area,
which may be divided subject to specific crop standards.
C. Field Inspection
One or more field inspections shall be made each time a seed
crop of any certified class is to be harvested and when genetic purity and
identity or any other factor affecting seed certification can best be
determined. The field shall be in such condition to permit an adequate
inspection to determine genetic purity and identity. Weeds present in any field
to the extent that genetic purity determination is not possible shall be
sufficient cause for rejection of that field.
D. Re-inspection of Rejected Fields
If a grower desires re-inspection of a rejected field, he must
notify the Department when deficiencies have been corrected. The cost of
re-inspections shall be another farm fee and inspection fee. Another farm fee
will not be charged on a re-inspection if a re-inspection can be performed in
conjunction with other first-time inspection work on later maturing varieties,
etc.
E. Seed-Borne Diseases
and Seed Treatment
Every field for which certification is requested shall show
evidence that reasonable precaution has been taken to control seed-borne
diseases. The field at time of inspection shall not contain injurious
seed-borne plant diseases beyond established tolerances specified in the
individual crop seed standards. New diseases may create a need for new
standards before they can be published. In such situations, the Seed
Certification Department shall impose such standards as are deemed to be in the
best interest of S. C. Certified seed. When seed of a variety without
resistance to a seed-borne disease has been subjected to possible infection by
the disease, it is desirable that such seed be treated with a recommended seed
treatment.
F. Inspection of
Harvested Seed.
Harvested lots of seed from inspected fields may be inspected
at any time by representatives of the Seed Certification Department. Evidence
that any lot of seed has not been protected from contamination which affects
genetic purity, or is not properly identified, shall be cause for rejection of
the seed for certification. Bins and other storage facilities must be labeled
or marked to indicate crop, variety and class. Office records on identification
of seed in storage must indicate variety, class, grower, approximate quantity
and storage locations.
G.
Bulk Shipment of Certified Seed for Conditioning.
When any class of certified seed is being transported in bulk
for conditioning, the form Shipping, Receiving and Conditioning Report for Bulk
Seed must be completed and filed with the Seed Certification Department. This
form identifies the certifying agency, the crop and variety, class of seed, lot
number, quantity, conditioner, etc. This form is also to be used to record
change of ownership of seed.
VI. Conditioning of Seed
A. All seed to be certified in South Carolina
must be conditioned at facilities which are inspected and approved for
conditioning certified seed. The seed may be conditioned by the grower on his
own equipment or by an approved custom or commercial conditioner provided
inspections by the Seed Certification Department determine that genetic purity
and identity can be maintained during all handling of certified seed at the
facility including storage, conditioning and labeling.
B. Conditioners of all classes of certified
seed shall meet the following requirements:
1. Facilities must be available that can
condition seed without introducing admixtures. The conditioner shall be
responsible for proper cleaning of facilities to prevent contamination of
certified seed delivered for conditioning.
2. Identity of the seed must be maintained at
all times.
a. Certified seed being delivered
for conditioning must be adequately identified by the grower. All unconditioned
certified seed stored in bins or other areas on the premises must be labeled or
marked to indicate variety and class.
b. At the time of bagging of conditioned
certified seed, each bag of seed shall have permanently marked on it the
variety and lot number. The use of a stencil or stamp is recommended but any
means of permanently marking bags is acceptable. Once marked on the bag, a lot
number may not be removed or marked out and another lot number substituted for
it.
c. Each bin or container of
bulk conditioned seed which is ready for sale or which is being transferred to
storage for sale must be labeled with the form "S.C. Bulk Registered or
Certified Seed Label and Inventory" (available on the seed certification
website) which must be obtained from the Seed Certification
Department.
3. Records
of all operations relating to certification must be complete and adequate to
account for all incoming seed and final disposition of seed.
4. Conditioners shall permit inspection by
the Seed Certification Department of all records pertaining to certified
seed.
5. Conditioners shall
designate an individual who shall be responsible for performing the duties
required by the Seed Certification Department.
C. 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 when authorized by the Seed Certification
Department.
D. The Seed
Certification Department shall have the authority, without prior notice, to
inspect facilities used to condition certified seed to determine that the
facilities and handling of the seed comply with the requirements of section VI,
Conditioning of Seed. Any conditioner who fails to meet these requirements
shall forfeit his right to condition certified seed until deficiencies are
corrected.
E. If South Carolina
certification tags are to be issued on seed which was field-approved in South
Carolina but is to be conditioned in another state, must be conditioned in an
approved conditioner from the certifying agency of that state.
F. Approved Conditioners
1. Conditioners who desire to condition
certified seed for other growers in South Carolina must apply annually for
Approved Conditioner classification. Conditioners desiring to apply for
Approved Conditioner classification for the first time should request
application blanks from the Seed Certification Department.
2. Inspections. Plants applying for Approved
classification will be inspected at least once annually with the times of
inspections to be at the discretion of the Seed Certification Department and
without prior notification to the conditioner. Approved conditioner
classification shall remain in effect for one year providing subsequent
inspections do not disclose deficiencies which result in loss of the
classification. If, during inspection, deficiencies are noted that prevent the
facility from being granted the Approved classification, the owner will have 30
days to correct the deficiencies before losing the Approved classification.
Consideration will be given to correction of deficiencies that would require
more than 30 days because of need for mechanical or engineering changes. If
Approved status is lost as the result of deficiencies not corrected,
re-instatement must be accomplished by filing a new application and paying
another inspection fee. At the end of the year during which a facility has
retained its Approved status the Seed Certification Department will notify the
conditioner of the need to file an application for renewal of Approved
classification.
3. Inspection Fee.
The annual fee for Approved conditioner classification shall be payable at the
time application is filed. The fee will cover all inspections for one year if,
during the course of the year's inspections, the facility retains its Approved
classification. If a facility loses its Approved classification as the result
of deficiencies noted during inspections and the conditioner desires to correct
the deficiencies and request reinstatement to Approved status, he must file a
new application and pay the fee again.
4. Listing of Approved Conditioners
The Seed Certification Department shall publish semiannually
and mail to seedsmen and growers the list of Approved Certified Seed
Conditioners in South Carolina. When a facility loses Approved status, all
certified seed growers who are using the facility will be notified of the need
to arrange for conditioning elsewhere until the facility regains Approved
status.
5. Loss of Approved
Conditioner Classification
Loss of Approved conditioner classification may result
from:
a. Failure to meet conditioning
requirements of this section, VI. Conditioning of Seed. Under these
circumstances re-instatement of the Approved classification may be accomplished
as indicated under F. 3. Inspection Fee.
b. If, during any year in which a conditioner
is classified Approved, more than ten percent (10%) of the samples of his
certified seed are found out of tolerance in a percentage of purity, inert
matter, weed seed or other crop seed, he will forfeit the Approved
classification for no less than one year. This applies to all classes of
certified seed on which the conditioner's name appears as seedsmen on the
certification label or Bulk Conditioned Seed Sale Certificate for S.C.
Registered or Certified Seed. Analyses of samples of certified seed conditioned
for other growers shall be the basis for application of this standard to the
conditioner who conditions no certified seed for himself. Determination of
samples out of tolerance will be based on analyses of a combination of the
samples of certified seed obtained by Seed Certification Department and S. C.
Department of Agriculture inspectors as compared to analysis labels on the
seed. No conditioner shall have his Approved classification withdrawn on the
basis of analyses of less than fifty (50) samples annually unless the number of
samples found out of tolerance at the end of the year exceeds five (5), (10% of
50). When less than fifty (50) samples of a conditioner's certified seed are
drawn annually by Seed Certification and S. C. Department of Agriculture
inspectors, and the number of samples found out of tolerance during the year
has not exceeded five (5), the percentage of samples out of tolerance will be
determined when fifty (50) such samples have been drawn and analyzed.
Should loss of Approved Conditioner classification be appealed
to the Seed Certification Department and not be resolved amicably, the
complainant may appeal to the Clemson University Board of Trustees. In which
case, the Chairman of the Board will appoint a committee with Board
representation and representative members of the seed industry to study the
matter and make recommendations to the Board.
VII. Lot Size,
Sampling, Seed Testing
A. The maximum
quantity of seed permitted per lot and size of sample required for a purity and
germination test is as follows:
|
CROP |
MAXIMUM LOT SIZE |
SAMPLE SIZE |
|
Peanuts |
500 bags or 25,000 lbs. |
2 lb. |
|
Small Grains: |
|
Barley |
24,000 lbs. |
2 lb. |
|
Oats |
32,000 lbs. |
2 lb. |
|
Rye |
28,000 lbs. |
2 lb. |
|
Triticale |
24,000 lbs. |
2 lb. |
|
Wheat |
30,000 lbs. |
2 lb. |
|
Soybeans |
30,000 lbs. |
2 lb. |
Note: Varietal purity determination is not possible on seed
which has been treated with some pesticides. If a pesticide is to be used which
coats or colors the seed, a sample of the conditioned, untreated seed must be
submitted for purity analysis and a sample of the conditioned, treated seed
must be submitted for the germination test.
B. Sampling of conditioned seed for
certification may be accomplished by any of several approved methods but the
primary consideration should be that the sample is as representative of the
seed as possible. The signature of the applicant for certification is affidavit
that he and the conditioner of his seed are familiar with and will draw samples
for certification in accordance with one of the following approved sampling
methods:
1. If seed is sampled during
conditioning, the most representative sample can be obtained with an automatic
sampling device in the flow of conditioned seed or by taking a small portion of
seed by hand from the top of each bag before it is closed. When conditioning of
a lot is complete (see maximum lot size, item A) the seed taken from each bag
should be thoroughly mixed and a sample of the seed required for testing (see
size of sample required, item A) taken from this seed.
2. If seed is sampled after conditioning and
closing of bags, a probe or trier long enough to reach all areas in the bag
shall be used for free flowing seed. When sampling closed bags in quantities of
one to six bags, a sample shall be composed of a core from each bag for a total
of at least five cores for each sample. For lots of more than six bags, sample
five bags plus at least 10% of the number of bags in the lot. Regardless of lot
size, it is not necessary to sample more than thirty bags.
3. If seed is sampled after conditioning and
is to remain in bulk, it shall be sampled by inserting a long probe into the
seed at well distributed points throughout the bulk. Sufficient seed must be
obtained from the bulk conditioned seed to provide the same number of samples
required from the seed as if it were being bagged. (See VII. A.).
4. Note: Federal Seed Act Regulations require
maintenance of a complete record on each lot, including a sample representing
each lot transported or delivered for transportation in interstate commerce.
Records and sample are to be kept for three (3) years, except that any sample
may be discarded one (1) year after the entire lot has been disposed of by the
person transporting or delivering the seed for transportation in interstate
commerce.
It is advisable to retain a sample regardless of where the seed
is sold.
C. The
Seed Certification Department and its designated representatives shall have the
authority, without prior notice, to sample conditioned certified seed while the
seed is on the premises of or remains the responsibility of the seedsman whose
name appears on the certification tags or bulk sale certificate.
The producer or conditioner, depending on location of the seed,
is expected to stack and store conditioned certified seed to permit reasonable
access for random sampling of the lots available in accordance with procedure
outlined in B. 2 and 3 of this section of standards. "Reasonable access" as
used herein is interpreted as being afforded access to sample at random a
representation of the lots of certified seed in a warehouse or other facility
without causing undue inconvenience to the conditioner or producer.
D. The South Carolina Department
of Agriculture (SCDA) is designated by law as the only official laboratory for
testing certified seed samples in South Carolina. Certified seed tags or bulk
sale certificates will be issued only on the basis of "Official Sample" tests
by the SCDA or other lab approved by the Department, but only in those
circumstances with the SCDA is unable to complete the testing in a reasonable
period of time and only for those seeds to be sold outside of the state.
1. Each applicant whose fields meet
certification standards will be furnished "Official Sample" stickers which must
be attached to certified seed samples submitted to the SCDA for testing. The
detailed "Official Sample" analysis must be performed on certified seed samples
to determine that seed standards of the certification program are
met.
2. Analyses performed on more
than one sample taken from a given quantity of seed, without some form of
reconditioning (re-cleaning, treating, etc.) shall be averaged to determine
acceptance or rejection of the seed for certification.
3. Note: It is a violation of the S.C. Seed
Law to offer seed for sale or distribution before it has been analyzed in
accordance with the provisions of the S. C. Seed Law.
VIII. Grow-Out Tests
As an additional check on the effectiveness of the
certification program, the Seed Certification Department will routinely sample
conditioned certified seed and plant the seed to determine that seed purity is
being maintained and that producers or conditioners are sampling seed properly.
In all cases where possible, grow-out plantings of these samples will be
planted immediately adjacent to plantings from samples of the same lots which
producers or conditioners submitted to the S.C. Department of Agriculture Seed
Laboratory for purity and germination tests. Plantings from these two samplings
of the same lot of seed will be expected to vary little when planted side by
side. Obvious variation will be interpreted as failure of the producer or
conditioner to obtain a representative sample of the lot. In such cases the
producer or conditioner will be notified of the need to implement measures to
insure representative sampling. Failure of a producer or conditioner to
implement measures to insure representative sampling of lots will result in
loss of the privilege to produce or condition certified seed until necessary
corrective measures are taken.
IX. Labeling
A. Bag and Bulk Bin Labels
1. All classes of certified seed offered for
sale shall have the official certification tag or bulk bin label properly
affixed to each bag or container except for vegetable seeds in containers of 5
pounds or less, for which the labels need not bear the name of the kind and
variety, provided the name of the kind and variety is shown elsewhere on the
containers. Even if all standards have been met, seed will not be considered
certified unless properly labeled.
All information the grower is required to provide to complete
certification must be on file with the Seed Certification Department before
certification tags or bulk bin labels will be issued.
2. The certification tag or bulk bin label
attached to each bag or container serves as evidence of the genetic purity,
identity, mechanical purity and germination of the seed contained therein. The
following colors of tags shall be used to designate classes of seed:
a. White for Foundation class.
b. Purple for Registered class.
c. Blue for Certified class.
3. Certification tags or bulk bin
labels must be obtained from the Seed Certification Department.
Proper attachment of tags or bulk bin labels shall be the
responsibility of the person for whom the seed is being certified. Tags must be
attached only to the lot of seed actually sampled and tested and for which the
tags or bulk bin labels were specifically issued. The lot number on the tag
must be the same as the lot number on the bag. (see VI. B. 2 [b])
If certified seed is sampled in the seed trade by the S.C.
Department of Agriculture and a STOP ORDER is issued against the seed, the
certification tags must be removed and returned to the Seed Certification
Department.
4. The
certification tag shall be attached to the container in a manner which prevents
easy removal and reattachment.
a. With fabric
bags or open top paper bags it is recommended that the tag be sewn on, or in
the top of the bag.
b. With valve
filled paper bags and plastic bags or containers (including metal) it is
recommended that the labels be glued to the container with an adhesive which
prevents removal without destroying the label.
c. The label may be printed directly on the
container, if control of such containers can be maintained by the certifying
agency.
d. Closing of paper,
plastic, and metal containers will vary. The most satisfactory method is that
of cementing the closure with an adhesive (glue, pressure-sensitive,
thermo-plastic, etc.) which prevents entry to the container without leaving
noticeable evidence of such tampering. Cementing the certification label over
the enclosure is recommended where practicable.
5. If reconditioning of a lot of certified
seed becomes necessary for any reason, certification tags attached to it may
not be reused.
B. Bags
1. All classes of Certified seed offered for
sale shall be bagged in official certification bags or in bags approved by the
Seed Certification Department. It is desirable that bags other than official
certification bags bear a brand name or emblem. Only new bags may be used for
all classes of certified seed.
2.
When seed is bagged in official certified bags but found not meeting
certification standards when analyzed, the seed must be re-bagged in
non-certified bags, or the bag must be defaced to the extent that all mention
of certification, the Seed Certification Department and Clemson University is
obliterated.
Official Note: It is a violation of the SC Seed Law to offer
for sale or distribution in official certification bags and bearing no official
certification label, seed that fails to meet SC Certification Standards.
X. Sale of
Conditioned Seed in Bulk
A. Conditioned S. C.
Registered and Certified classes of small grain or soybean seed may be sold in
bulk by growers who are Approved S.C. certified seed conditioners or growers
with their own conditioning equipment.
B. All field and seed standards applying to
bagged seed shall apply to bulk Registered and Certified seed.
C. Only one sale of bulk Registered or
Certified seed is permitted.
D.
Each bin or container of bulk conditioned seed which is ready for sale or which
is being transferred to storage for sale must be labeled with a "S.C. Bulk
Registered or Certified Seed Label and Inventory" form. This form must be
obtained from the Seed Certification Department. One copy is to be attached to
the bin or container, one copy is to be maintained by the Conditioner in his
files and one copy is to be provided the Seed Certification
Department.
E. Whenever a sale is
to be made from bulk conditioned seed, a copy of the form "Bulk Conditioned
Seed Sale Certificate" (available on the seed certification website) for S. C.
Registered or Certified Seed must be obtained from the Seed Certification
Department, completed, signed and issued to the purchaser to accompany the seed
at the time of purchase. One copy must be retained in the conditioner's files
and one copy must be mailed to the Seed Certification Department.
F. Conditioned seed to be sold in bulk must
be sampled in accordance with sampling procedure specified in VII. B.
3.
XI. Seed in
Emergencies
It is recognized that in emergency situations caused by such
things as adverse weather conditions, certain lots that would be needed to
provide an adequate seed supply would be lost if regular certification
standards were enforced. Under such circumstances, seed failing to meet
certification standards other than those affecting genetic purity, may be
certified when approved by the Seed Certification Department, provided there is
no injury to the reputation of certified seed. The certification tag or bulk
bin label attached to such seed shall clearly show in what respect the seed
does not meet certification standards. Substandard labeling provisions will be
invoked only when warranted by the condition of an entire crop, variety of
class of seed.
XII.
Complying with Federal and State Seed Laws
Responsibility for any obligations arising from the sale or
shipment of certified seed rests with the grower or subsequent handler making
the sale or shipment. Responsibility for compliance with the seed labeling
requirements of the country, state or province into which certified seed is
shipped rests with the seller.
XIII. Grower or Vendor Responsibility
A. The grower or vendor whose name appears on
the certification tag or bulk sale certificate guarantees to the first buyer
that the seed to which the tag is attached or which the bulk sale certificate
accompanies is a part of the lot designated on the tag or bulk sale certificate
and is a part of the lot(s) of seed represented by samples which have met all
requirements for certification.
B.
Responsibility for compliance with certification requirements for seed to which
a certification label or bulk sale certificate is attached, and responsibility
for proper use of certification labels for bulk sale certificates rests, in all
cases, with the seedsman whose name appears on the label or bulk sale
certificate.
XIV.
Producer Records
It is the responsibility of each grower of certified seed to
maintain an accurate record of all sales including the name of purchaser and
address, lot numbers, amount and date. The Seed Certification Department has
the right to call for specific sales records and will periodically conduct
random examinations of sales records. Failure to supply such records, when
requested, or failure to give satisfactory reasons for being unable to supply
such records, shall forfeit a grower's privilege to produce certified
seed.
XV. Interagency
Certification
A. Interagency certification is
the participation of two or more official certifying agencies in performing the
services required to certify the same lot or lots of seed. South Carolina Seed
Certification Standards or comparable standards of other official seed
certifying agencies must be met if the Seed Certification Department is to
issue interagency certification tags. This includes the requirement that all
certified seed to be tagged by the Seed Certification Department must be
analyzed by the S. C. Department of Agriculture Seed Testing Laboratory other
agency under certain circumstances, whereby Clemson and the South Carolina
Department of Agriculture mutually agree to the designated
agency(ies).
B. Only those
varieties declared eligible for certification by the Seed Certification
Department or another Official Seed Certifying agency will be eligible for
interagency certification in South Carolina.
C. Seed to be recognized for interagency
certification must be received in containers carrying official certification
labels, or if shipped for conditioning, carry evidence of its eligibility from
another official certifying agency, together with the following information:
1. Variety (if certified as to variety) and
kind
2. Quantity of seed (pounds or
bushels)
3. Class of seed
4. Inspection or lot number traceable to the
previous agency's records.
D. Interagency certification tags shall carry
the certification identification number and clearly identify the certifying
agencies involved, the variety, the kind and class of seed except for vegetable
seed in containers of 5 pounds or less for which the labels need not bear the
name of the kind and variety and agencies involved provided the name of the
kind and variety and agencies involved are shown elsewhere on the containers.
*In some cases certification will be as to kind, on an interim
basis; for example, where varieties have not been developed.
Statutory Authority: 1976 Code Section
46-21-20
