[Federal Register Volume 61, Number 194 (Friday, October 4, 1996)]
[Proposed Rules]
[Pages 51791-51810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25502]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 61, No. 194 / Friday, October 4, 1996 /
Proposed Rules
[[Page 51791]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 201 and 361
[Docket No. 93-126-4]
RIN 0579-AA64
Imported Seed and Screenings
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule and notice of public hearing.
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SUMMARY: We are proposing to amend the ``Imported Seed'' regulations by
moving the regulations to a different chapter in the Code of Federal
Regulations; establishing a seed analysis program with Canada; and
allowing U.S. companies that import seed for cleaning or screenings for
processing to enter into compliance agreements with the Animal and
Plant Health Inspection Service. These proposed changes are necessary
to reflect recent amendments to the Federal Seed Act and the transfer
of responsibility for the import provisions of the act from the
Agricultural Marketing Service to the Animal and Plant Health
Inspection Service. These proposed changes would bring the imported
seed regulations into agreement with the amended Federal Seed Act,
eliminate the need for sampling shipments of Canadian-origin seed at
the border, and allow certain seed importers to clean seed without the
direct supervision of an Animal and Plant Health Inspection Service
inspector.
DATES: Consideration will be given only to comments received on or
before December 3, 1996. We also will consider comments made at a
public hearing to be held on November 21, 1996, from 9:00 a.m. until
12:00 noon.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 93-126-4, Regulatory Analysis and Development, Policy and
Program Development, Animal and Plant Health Inspection Service, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comments refer to Docket No. 93-126-4. Comments received may be
inspected at USDA, room 1141, South Building, 14th Street and
Independence Avenue SW., Washington, DC, between 8 a.m. and 4:30 p.m.,
Monday through Friday, except holidays. Persons wishing to inspect
comments are requested to call ahead on (202) 690-2817 to facilitate
entry into the comment reading room. The public hearing will be held on
November 21, 1996, at the USDA Center at Riverside, 4700 River Road,
Riverdale, MD.
FOR FURTHER INFORMATION CONTACT: Ms. Polly Lehtonen, Botanist,
Biological Assessment and Taxonomic Support, PPQ, APHIS, 4700 River
Road Unit 133, Riverdale, MD 20737-1236, (301) 734-8896.
SUPPLEMENTARY INFORMATION:
Background
Under the authority of the Federal Seed Act of 1939, as amended
(FSA), the U.S. Department of Agriculture (USDA) regulates the
importation and interstate movement of certain agricultural and
vegetable seed and screenings. Title III of the FSA, ``Foreign
Commerce,'' requires shipments of imported agricultural and vegetable
seed to be labeled correctly and to be tested for the presence of the
seeds of certain noxious weeds as a condition of entry into the United
States. The USDA's regulations implementing the provisions of the FSA
are found at 7 CFR part 201; the regulations implementing the foreign
commerce provisions of the FSA are found in Secs. 201.101 through
201.230 (referred to below as the regulations).
A final rule published in the Federal Register on September 22,
1982 (47 FR 41725), and effective October 1, 1982, amended the
delegations of authority from the Secretary of Agriculture to transfer
the responsibility contained in Title III of the FSA for inspection of
imported seeds from the Agricultural Marketing Service (AMS) to the
Animal and Plant Health Inspection Service (APHIS).
On September 15, 1994, we published an advance notice of proposed
rulemaking in the Federal Register (59 FR 47286-47287, Docket No. 93-
126-1) announcing our plans to revise the FSA regulations to reflect
amendments to the FSA and the transfer of regulatory authority for
Title III of the FSA from AMS to APHIS. We also noted our intention to
revise the list of noxious weed seeds contained in the regulations
promulgated under the FSA to include seeds of all the noxious weeds
listed in the regulations promulgated under the Federal Noxious Weed
Act (FNWA). We solicited comments on the advance notice of proposed
rulemaking for 45 days ending October 31, 1994. By that date we
received 13 comments, from seed companies and importers, State
agricultural agencies, and universities. The commenters generally
supported the issues raised in the advance notice of proposed
rulemaking, although some did have specific concerns. Two of those
concerns pertained to the testing and cleaning of imported seed and are
addressed in this proposed rule. The remaining concerns were addressed
in the proposed rule that is discussed in the next paragraph.
Due to concerns regarding the potential presence of noxious weed
seeds in lots of imported seed, we decided to begin with an update of
the noxious weed seed provisions of the FSA regulations. Therefore, on
March 23, 1995, we published in the Federal Register (60 FR 15257-
15260, Docket No. 93-126-2) a proposal to amend the FSA regulations by:
(1) Expanding the list of noxious weed seeds to include seeds of all of
the weeds listed in the FNWA regulations; (2) modifying existing
tolerances for certain weed seeds in imported shipments of agricultural
and vegetable seed; and (3) updating the taxonomic names of several
weeds listed in the FSA regulations. After reviewing the comments
submitted, we published a final rule in the Federal Register on July
12, 1995 (60 FR 35829-35831, Docket No. 93-126-3) that adopted the
provisions of the proposal as a final rule.
Having completed our update of the noxious weed provisions of the
regulations, we are now proposing to revise the FSA regulations to
reflect amendments to the FSA and the transfer of regulatory authority
for Title III of the FSA from AMS to APHIS. To reflect that change in
authority, we are proposing to move the regulations from their current
location in 7 CFR chapter I, which is one of the chapters in which AMS
[[Page 51792]]
regulations appear, to 7 CFR chapter III, where APHIS' plant-related
regulations appear. As part of that proposed move, we would update the
regulations to reflect amendments to the FSA and make nonsubstantive
editorial changes to the arrangement and wording of the regulatory text
to improve its clarity. The proposed disposition of the regulations in
Secs. 201.101 through 201.230 is shown in the following table:
------------------------------------------------------------------------
Current location Proposed disposition
------------------------------------------------------------------------
201.101.................................. Removed.
201.102.................................. Removed.
201.103.................................. Removed.
201.104.................................. Removed.
201.105.................................. 361.6.
201.106.................................. Removed.
201.201.................................. 361.1.
201.202.................................. 361.1.
201.203.................................. 361.1.
201.204.................................. Removed.
201.205.................................. Removed.
201.206.................................. Removed.
201.207.................................. Removed.
201.208(a)............................... Removed.
201.208(b)............................... 361.5.
201.209.................................. Removed.
201.210.................................. 361.5.
201.211.................................. 361.5.
201.212.................................. 361.5.
201.213.................................. 361.5.
201.214.................................. Removed.
201.215.................................. Removed.
201.216.................................. Removed.
201.217.................................. 361.5.
201.218.................................. 361.5.
201.219.................................. 361.5.
201.220.................................. Removed.
201.221.................................. 361.4.
201.221a................................. 361.5.
201.222.................................. 361.3, 361.4.
201.223.................................. 361.2.
201.224.................................. 361.3.
201.225.................................. 361.4, 361.8.
201.226.................................. 361.8.
201.227.................................. Removed.
201.228.................................. 361.4.
201.228a................................. Removed.
201.229.................................. 361.4.
201.230.................................. 361.4.
------------------------------------------------------------------------
Sections Removed From the Proposed Regulations
The Federal Seed Act Amendments of 1982 (Pub. L. 97-439) removed
the requirement for the testing of imported seed to determine if it
meets the pure live seed requirements of the FSA and whether the seed
contains more than 2 percent by weight of common weed seeds. Once those
amendments became effective, the regulations should have been amended
to reflect the removal of those statutory requirements, but that did
not occur. Therefore, as part of this proposed rule, we would remove
Sec. 201.102, ``Pure live seed;'' Sec. 201.104, ``Weed seeds;'' and
201.206, ``Pure live seed,'' which is a definition of the term. Without
a statutory basis for those requirements, we have no reason or
authority to retain those provisions of the regulations. Similarly, we
are also proposing to remove Sec. 201.106, ``Mixtures not considered
adulterations,'' from the regulations because the 1982 amendments to
the FSA also removed 7 U.S.C. 1583 (originally designated as Sec. 303
of the FSA), which related to adulterated seed.
The 1994 Uruguay Round Agreements Act (Pub. L. 103-465) further
amended the FSA by removing the requirement that alfalfa and red clover
seeds imported from certain countries be stained. When APHIS published
a final rule on April 4, 1995 (60 FR 16979, Docket No. 95-004-1) to
remove the provisions of the regulations regarding staining, we
neglected to remove Sec. 201.220, ``Certificate or declaration of
origin.'' That section requires that a certificate or declaration
accompany shipments of alfalfa or red clover in order to establish the
country or region of origin of the seed, which is a consideration that
is directly related to the now-eliminated staining requirement.
Similarly, Sec. 201.103 of the regulations should also have been
removed. That section states that alfalfa seed and red clover seed of
foreign origin other than the Dominion of Canada have been determined
to be unadapted for general agricultural use in the United States;
prior to the effective date of the changes brought about by the 1994
Uruguay Round Agreements Act, the FSA required unadapted alfalfa and
red clover seed to be stained. Because the staining requirements of the
FSA have been removed, we are proposing to remove Secs. 201.103 and
201.220 from the regulations.
Paragraph (a) of Sec. 201.101 of the regulations lists 48 kinds of
seeds that are most often imported for purposes other than seeding and
have been exempted, on that basis, from the import provisions of the
regulations when imported for purposes other than seeding and
accompanied by a declaration. Based on our experience with seed
importations since 1982, we believe that exemption can be extended to
all agricultural and vegetable seed. Therefore, we are proposing to
include in the proposed new regulations an exemption for all
agricultural seed and vegetable seed imported for purposes other than
seeding provided that the seed is accompanied by a declaration that
states the purpose for which the seed is being imported. Because all
agricultural and vegetable seed would be included in this proposed
exemption, there would be no need to maintain a list of exempted seeds
such as that found in Sec. 201.101(a). Paragraph (b) of Sec. 201.101
pertains to the pure live seed requirement that was, as discussed in a
previous paragraph, removed by the Federal Seed Act Amendments of 1982.
Because the list of exempted seeds would no longer be necessary and the
pure live seed requirement has been removed, we are proposing to remove
Sec. 201.101 from the regulations.
Sections 201.204, 201.205, and 201.207 each contain provisions that
would be unnecessary if the regulations are moved out of part 201 as
proposed. Specifically, Sec. 201.204 is a definition of Agricultural
Marketing Service and Sec. 201.205 is a definition of Collector of
Customs, neither of which would be needed in regulations administered
by APHIS. Section 201.207 states that definitions found in Secs. 201.1
through 201.159 apply to the imported seed regulations, and such a
statement would not be necessary in proposed new 7 CFR part 361, which
would have a single section that contained all definitions applicable
to the part. Therefore, we are proposing to remove Secs. 201.204,
201.205, and 201.207 from the regulations.
Sections 201.214, 201.215, and 201.216 contain instructions for
sealing, identifying, and forwarding seed samples from the port of
entry to seed laboratories for analysis, test, or examination, and
Sec. 201.227 calls for the submission of a report to the collector of
customs at the port of entry following the cleaning or processing of
certain seed and the destruction of the refuse. Similarly, Sec. 201.209
states that the collector of customs shall, upon request, draw and
forward samples of all screenings imported or offered for importation.
Because, for the reasons explained below, customs officers would no
longer be collecting samples of seed or screenings, those instructions
would no longer be necessary. Further, APHIS inspectors already possess
the necessary equipment, forms, and knowledge to draw and forward seed
samples. Therefore, we are proposing to remove Secs. 201.209, 201.214,
201.215, 201.216, and 201.227 from the regulations.
Changes in the Regulations
Section 201.105, ``Noxious weed seeds,'' of the regulations would
become Sec. 361.6 in the proposed new regulations. The noxious weeds
listed in that section would remain the same, but we are proposing to
adjust the format of the list. Currently, seeds with tolerances
applicable to their introduction are
[[Page 51793]]
identified on the list by a superscript numeral one. In proposed new
Sec. 361.6, seeds without tolerances would be listed in paragraph
(a)(1), and seeds with tolerances would be listed in paragraph (a)(2).
We believe that listing each category of seeds separately would make
both lists clearer and easier to use. Proposed new Sec. 361.6 would
also include portions of paragraph (b) of Sec. 201.51, ``Inert
matter''; that paragraph lists categories of noxious weed seeds that
are considered to be inert matter and thus would not be counted as weed
seeds. In duplicating that text, however, we would include only those
categories that apply directly to the noxious weeds listed in proposed
Sec. 361.6(a); those provisions of Sec. 201.51(b) that apply to common
weeds or other plants not listed as noxious weeds would not be carried
over into proposed new Sec. 361.6(c).
The definitions found in Secs. 201.201 through 201.203--
agricultural seeds, vegetable seeds, and screenings--would be moved
intact to proposed new Sec. 361.1, ``Definitions.'' In addition, we
would also carry over six other definitions from Sec. 201.2 of the FSA
regulations that apply to the regulation of imported seed: Coated seed,
declaration, hybrid, lot of seed, mixture, and person. Seven other
terms included in proposed Sec. 361.1--Administrator, Animal and Plant
Health Inspection Service (APHIS), and APHIS inspector, import, port of
first arrival, State, and United States--are terms used by APHIS
elsewhere in its regulations in 7 CFR chapter III and 9 CFR chapter I
that are applicable to the proposed new regulations. Finally, we would
include definitions for five additional terms in proposed Sec. 361.1:
Pelleted seed, kind, variety, registered seed technologist, and
official seed analyst.
We would define pelleted seed as ``seed coated with a substance to
achieve uniformity in its size, shape, or weight in order to improve
the plantability or singulation of the seed.'' Seed that is very small
or light or that is irregularly shaped is often pelleted in order to
make the seed suitable for precision planting by machine. Although
pelleted seed is a subset of coated seed, importers, distributors, and
other elements of the seed industry draw a distinction between coated
seed and pelleted seed. We believe, therefore, that it would serve the
interests of clarity to define and refer to both coated and pelleted
seed in the proposed new regulations.
We are proposing to include definitions for the terms kind and
variety because those terms are used throughout the proposed
regulations. Kind would be defined as ``one or more related species or
subspecies that singly or collectively is known by one common name,
e.g., soybean, flax, or carrot.'' Variety would be defined as ``a
subdivision of a kind which is characterized by growth, plant, fruit,
seed, or other characteristics by which it can be differentiated from
other sorts of the same kind.'' These two proposed definitions are
drawn directly from the definitions for those terms found in the FSA.
We are proposing to add definitions of registered seed technologist
and official seed analyst to the proposed regulations because under
proposed new Sec. 361.8, ``Cleaning of imported seed and processing of
certain Canadian-origin screenings,'' registered seed technologists and
official seed analysts would be authorized to inspect representative
samples of cleaned seed for noxious weed seed content and authorize, as
appropriate, the cleaned seed to be released for entry into the United
States. We would define registered seed technologist as ``a registered
member of the Society of Commercial Seed Technologists.'' Official seed
analyst would be defined as ``a registered member of the Association of
Official Seed Analysts.'' These two societies represent seed
technologists and seed analysts who serve in academic, private, and
governmental capacities, and we are confident that the registered
members of these societies possess the skills and knowledge necessary
to accurately and reliably inspect cleaned seed for noxious weed seed
content.
Paragraph (a) of Sec. 201.208, ``Seed,'' duplicates the list found
in Sec. 201.101 of seeds that must be sampled only when imported for
seeding purposes. As discussed above, we are proposing to exempt all
vegetable seed and agricultural seed imported for purposes other than
seeding from the sampling requirement and other import provisions of
the regulations. With that proposed exemption in place, there would be
no need to maintain the lists found in Secs. 201.101 and 201.208(a).
Earlier in this document, we proposed to remove Sec. 201.101 from the
regulations; we are likewise proposing to remove Sec. 201.208(a) from
the regulations. The provisions of Sec. 201.208(b), which relate to the
sampling and testing of small lots of imported seed, would be moved to
proposed new Sec. 361.5(a)(2).
With the exception of paragraph (e), we are proposing to move the
provisions of Sec. 201.210, ``Method of sampling,'' to proposed new
Sec. 361.5, ``Sampling of seeds.'' The provisions of Secs. 201.211
through 201.213 and Secs. 201.217 through 201.219 would be moved to
proposed new Sec. 361.5 as well. Paragraph (e) of Sec. 201.210, which
would be omitted, states that a quantity of seed designated as one lot
shall be regarded as such for sampling purposes only if every portion
or bag of seed in the quantity is uniform within permitted tolerances
as to percentage of pure seed, percentage of germination and hard seed,
percentage of weed seeds, and the rate of occurrence of noxious weed
seed. We are proposing to remove that paragraph from the regulations
because, as discussed above, purity, germination, and the presence of
common weed seeds are no longer considerations that apply to imported
seed. With regard to the rate of occurrence of noxious weed seed, that
rate cannot be accurately determined until after the seed has been
analyzed, so it cannot realistically be a consideration in determining
the uniformity of a quantity of seed for sampling purposes.
The provisions of Sec. 201.221, ``Exemptions,'' with the exception
of paragraph (d), would be moved to proposed new Sec. 361.4. Paragraph
(d) exempts seed for seed production from the prohibition against
importing seed that is adulterated or unfit for seeding purposes due to
low pure live seed or is required to be stained. As discussed
previously, staining and pure live seed content are no longer
applicable to the imported seed regulations. Therefore, we are
proposing to remove Sec. 201.221(d) from the regulations.
Section 201.221a, ``Table 5,'' would be moved to proposed new
Sec. 361.5; the table would be expanded by adding, from table 1 in
Sec. 201.46 of the FSA regulations, the minimum weights of working
samples for noxious weed seed examinations. The need for noxious weed
seed examinations applies to both the importation and interstate
movement of seeds, so we are proposing to copy the applicable
information in Sec. 201.46 and include it in the proposed new
regulations.
Section 201.222, ``Declaration of purpose and labeling as to kind,
variety, hybrid, and treatment,'' would, with the exception of
paragraphs (a) and (d), be carried over to the proposed new
regulations; Sec. 201.222(c) would be moved to proposed Sec. 361.4(b),
and Sec. 201.222(e) and (f) would be moved to proposed Sec. 361.3(b).
(Paragraph (b) of Sec. 201.222 in the current regulations is reserved,
i.e., contains no regulatory text.) Section 201.33, which is among the
interstate commerce provisions of the FSA regulations, contains
instructions and exceptions for labeling containers of seed. Because
those
[[Page 51794]]
provisions apply to imported seed as well, we would copy those
provisions into paragraphs (c) and (d) of proposed new Sec. 361.3.
We are proposing to remove paragraph (a) of Sec. 201.222 because it
contains a list of certain seeds that must be accompanied at the time
of importation by a statement setting forth the purpose for which the
seeds are being imported, the statement serving to identify whether the
seeds are being imported for seeding purposes and are thus subject to
the regulations. That list would not be necessary in the proposed new
regulations because all imported agricultural and vegetable seed would
have to be accompanied by such a statement, and all agricultural and
vegetable seed imported for seeding purposes would be subject to the
regulations. Paragraph (d) of Sec. 201.222 would be removed because it
relates to the collector of customs notifying the USDA when the nature
of a declaration is changed; that provision would not be necessary
under the proposed new regulations because, as explained below, the
collector of customs would no longer be responsible for inspecting or
sampling imported seed or screenings.
Because AMS does not routinely assign its personnel to ports of
entry, AMS could not have adequately enforced the import provisions of
the FSA without the assistance of the Customs Service, which inspected
and sampled imported seed and screenings offered for entry into the
United States under joint AMS/Customs Service regulations. Since the
responsibility for the import provisions of the FSA were transferred to
APHIS, which does have personnel assigned to ports of entry, the
assistance of Customs officers has been routinely necessary only at the
smaller border crossings along the U.S./Canadian border that are
staffed only by Customs personnel. If, as proposed in this document,
all Canadian-origin seed is required to be accompanied by a certificate
of analysis issued in Canada, the role of Customs officers with regard
to imported seed would be reduced even further.
Section 201.223 would be moved to proposed Sec. 361.2(d), and
Sec. 201.224 would be moved to proposed Sec. 361.4(a)(3). The
provisions of Secs. 201.225, 201.226, and 201.228 would also be moved
to the proposed new regulations, but in each section the provisions
relating to reimbursement of Government expenses would be separated
from the provisions relating to the supervision of cleaning of seed,
destruction of refuse, and correction of labeling. The expense-related
provisions would be moved to proposed new Sec. 361.10, ``Costs and
charges''; the provisions related to the cleaning of seed and
destruction of refuse would be moved to proposed new Sec. 361.8,
``Cleaning of imported seed and processing of certain Canadian-origin
screenings,'' and the provisions related to correction of labeling
would be moved to proposed Sec. 361.4(b)(3). Proposed Secs. 361.8 and
361.10 are explained in greater detail below.
Section 201.228a, ``Declaration of labeling,'' would be removed
from the regulations. We are proposing to remove that section because,
as discussed previously, the proposed new regulations would contain a
declaration requirement in Sec. 361.3. The provisions of Sec. 201.228a
regarding seed purity, germination, and hard seeds would be omitted
because, as discussed above, those considerations no longer apply to
imported seed.
Finally, the provisions of Sec. 201.229 would be moved to proposed
Sec. 361.4(b)(2), and the provisions of Sec. 201.230(a) would be moved
to proposed Sec. 361.4(b)(1). Paragraph (b) of Sec. 201.230 relates to
the drawing of samples by the collector of customs and would,
therefore, be removed from the regulations for the reasons discussed
above; the reimbursement-related provisions that comprise
Sec. 201.230(c) would be moved to proposed Sec. 361.10.
Certificate of Analysis for Canadian Seed
We are proposing to initiate a seed import program with Canada
under which all Canadian-grown seed shipments imported into the United
States would have to be accompanied by a certificate of analysis issued
by Agriculture and Agri-Food Canada. The certificate would confirm that
the seed in each lot had been analyzed for noxious weed seed content at
the issuing laboratory and, if the seed was being imported for seeding
(planting) purposes, the certificate would confirm that the seed met
the noxious weed seed tolerances of 7 CFR 361.6 (the section of the
amended regulations dealing with noxious weed seeds). If the seed was
being imported for cleaning, the certificate would have to name the
kinds of noxious weed seeds that were to be removed from the lot of
seed.
Under the proposed program, we would also accept certificates that
had been issued by an accredited laboratory designated by the Canadian
agriculture minister pursuant to Section 14 of the Canadian
Agricultural Products Act; such accredited laboratories operate under
the authority of an accredited seed analyst.
This proposed certificate requirement would not apply to seed that
originated in a country other than Canada that was offered for entry
into the United States at a Canadian border port; such seed would still
have to be sampled at the port of entry.
One of the commenters responding to our September 1994 advance
notice of proposed rulemaking was concerned that the testing in Canada
would be conducted on samples drawn from bulk bins prior to the
packaging of individual lots of seed; such a process, he feared, would
result in samples that were not representative of the seed in each lot.
This proposed rule, however, makes it clear that each lot would have to
be sampled and analyzed for noxious weed seed content.
Because a noxious weed seed examination would have already been
conducted, Canadian-origin seed entering the United States with a
certificate of analysis would be exempted from the sampling
requirements of the regulations. Because only certificates issued by
the Canadian government or an accredited and officially recognized
laboratory would be accepted, this proposed change, which has the
endorsement of Agriculture and Agri-Food Canada, would facilitate the
importation of Canadian-origin seed and reduce the workload on APHIS
inspectors at ports of entry along the U.S./Canadian border without
increasing the risk of noxious weed seeds entering the United States in
shipments of seed.
Cleaning and Processing of Imported Seed and Screenings
As noted above, we are proposing to move the provisions of
Sec. 201.225 that allow for the cleaning of imported seed found to
contain noxious weed seeds at a level higher than tolerances permit.
Under the current regulations, the cleaning of the seeds must be
accomplished under the supervision of an employee or authorized agent
of the USDA; similarly, under Sec. 201.226, the refuse from that
cleaning must be destroyed under the supervision of an employee or
authorized agent of the USDA. Although the proposed regulations would
continue to provide for USDA supervision of those activities, we are
proposing to give companies in the United States the option of entering
into a compliance agreement to facilitate the cleaning of imported
seed. Persons wishing to enter into a compliance agreement could obtain
compliance agreement forms from APHIS without charge.
As presented in our September 1994 advance notice of proposed
rulemaking,
[[Page 51795]]
this proposed compliance agreement program would have been limited to
importers wishing to import seed from Canada for cleaning. One of the
commenters responding to that advance notice of proposed rulemaking
urged us not to restrict the program to Canadian seed, noting that
significant amounts of seed are commonly imported from elsewhere in the
world for cleaning and packaging. We agree with that commenter; thus,
the program described in this proposed rule would allow a company that
imports seed for cleaning from a country other than Canada to enter
into a compliance agreement with APHIS.
Compliance agreements would also play a role in another aspect of
the proposed regulations. The FSA and the regulations allow the
importation of screenings from seeds of wheat, oats, barley, rye,
buckwheat, field corn, sorghum, broomcorn, flax, millet, proso,
soybeans, cowpeas, field peas, or field beans as long as the screenings
are not being imported for seeding (planting) purposes and the
declaration accompanying the screenings indicates that the screenings
are being imported for processing or manufacturing purposes. In this
document, we are proposing to allow the importation from Canada of
screenings from other kinds of seeds if the screenings are consigned to
a processing facility that is operating under a compliance agreement.
Such processing facilities utilize screenings to produce animal feed,
and the process used to produce the feed--usually an extrusion process
in which the screenings are heated and pelletized--is sufficient to
devitalize any live seed that might be present in the screenings, which
reduces to an insignificant level any risk that the processed
screenings would carry viable noxious weed seeds.
The compliance agreement would be a written agreement between a
person engaged in the business of cleaning imported seed or processing
screenings, the State in which the business operates, and APHIS. In the
compliance agreement, the person would agree to comply with the
applicable provisions of the regulations and any additional conditions
included in the compliance agrement. With regard to the cleaning of
seed, the agreement would eliminate the need for an APHIS inspector to
be present to supervise the cleaning of seed and destruction of refuse;
rather, an APHIS inspector would make spot checks to ensure that the
conditions of the compliance agreement were being observed. With regard
to the processing of screenings, the agreement would help ensure that
the business uses processing methods that are adequate to devitalize
any live seed that may be contained in the screenings.
The compliance agreement would provide that if an APHIS inspector
found that the person who entered into the compliance agreement was
violating the terms of the agreement, the APHIS inspector could cancel
the compliance agreement, either orally or in writing. If the
cancellation was oral, it would be confirmed in writing as promptly as
possible. Any person whose compliance agreement had been canceled could
appeal the decision to the Administrator, who would grant or deny the
appeal, in writing, as soon as circumstances permitted. A hearing would
be held if there was a conflict as to any material fact concerning the
cancellation or the appeal.
While the proposed regulations would allow seed to be cleaned under
APHIS supervision or under a compliance agreement, we would continue to
require the seed to be retested for noxious weed content before it is
allowed entry into the United States. In the proposed regulations, we
would allow representative samples of the seed to be examined by a
registered seed technologist or an official seed analyst, who would be
eligible to issue reports of noxious weed examinations for cleaned
seed. Allowing qualified personnel outside of USDA to conduct such
examinations would facilitate the release of cleaned seed and reduce
the workload on USDA seed analysts while ensuring that a thorough
examination of the cleaned seed is conducted.
Coated or Pelleted Seed
We are proposing to prohibit the importation of coated or pelleted
seed that does not meet certain conditions. For Canadian-origin coated
or pelleted seed, proposed Sec. 361.7(b) would require that the seed be
analyzed in Canada prior to being coated or pelleted; the findings of
that analysis with regard to the identity and noxious weed content of
the seed would have to be recorded on the certificate of analysis
required for Canadian-origin seed under proposed Sec. 361.7. For coated
or pelleted seed from countries other than Canada, proposed
Sec. 361.2(c) would require that the seed be accompanied by an
officially drawn and sealed sample of the seed that was drawn before
the seed was coated or pelleted.
Without an officially drawn sample or a certificate of analysis,
coated or pelleted seed would not be eligible for importation because
the coating would render the seed uninspectable, in that the identity
of the seed could not be readily confirmed, the accuracy of the
labeling could not be evaluated, and the noxious weed seed content of
the seed could not be determined.
Recordkeeping
In Sec. 361.9 of the proposed regulations, we would carry over the
recordkeeping requirements of Sec. 201.4 of the FSA regulations.
Although the FSA regulations apply those requirements only to seeds in
interstate commerce, we believe recordkeeping with regard to imported
seed would be necessary to allow APHIS to trace the origin of seeds or
screenings, if necessary, and to monitor the efficacy of noxious weed
examinations and cleaning. We do not believe that the proposed
recordkeeping requirements would place a burden on seed companies
because such companies already keep such records for internal purposes
and to comply with the interstate provisions of FSA regulations
administered by the AMS. Therefore, we are proposing to require that
each person importing agricultural seed or vegetable seed under this
part would have to maintain a record, including copies of the
declaration and labeling required under the regulations and a sample of
seed, for each lot of seed imported. Except for the seed sample, which
could be discarded 1 year after the entire lot represented by the
sample had been disposed of by the person who imported the seed, the
records would have to be maintained for 3 years following the
importation. The required sample of vegetable seed and agricultural
seed would have to be at least equal in weight to the sample size
prescribed for noxious weed seed examination in table 1 of proposed
Sec. 361.4. An APHIS inspector would be allowed to inspect and copy the
records during normal business hours. These proposed requirements are
equivalent to those found in Sec. 201.4 of the FSA regulations and
would serve the same purpose.
Costs and Charges
Proposed Sec. 361.10 relates to costs and charges that would apply
in connection with the services of an APHIS inspector. It is the policy
of APHIS that the services of an APHIS inspector during regularly
assigned hours of duty and at the usual places of duty be furnished
without cost to persons requiring inspection, unless a user fee is
payable under 7 CFR part 354. Further, under the authority of the FSA,
proposed Sec. 361.10 also provides that any costs or charges incurred
in connection with the supervision by an APHIS inspector of cleaning,
labeling, or destruction of seed, screenings, or refuse under the
proposed regulations would have to be
[[Page 51796]]
reimbursed by the owner or consignee of the seed or screenings.
Public Hearing
As required by 7 U.S.C. 1592(c), APHIS will host a public hearing
to provide interested persons a full opportunity to present their views
regarding this proposal. The hearing will be held on November 21, 1996,
at the USDA Center at Riverside, 4700 River Road, Riverdale, MD.
A representative of APHIS will preside at the public hearing. Any
interested person may appear and be heard in person, by attorney, or by
other representative. Persons who wish to speak at the public hearing
will be asked to sign in, listing their names and organizations.
The public hearing will begin at 9:00 a.m. local time and is
scheduled to end at 12:00 noon local time. However, the hearing may be
terminated at any time after it begins if all persons desiring to speak
have been heard. We ask that anyone who reads a statement provide two
copies to the presiding officer at the hearing. If the number of
speakers at the hearing warrants it, the presiding officer may limit
the time for each presentation so that everyone wishing to speak has
the opportunity.
The purpose of the hearing is to give interested persons an
opportunity for oral presentations of data, views, and arguments.
Questions about the content of the proposed rule may be part of the
commenters' oral presentations. However, neither the presiding officer
nor any other representative of APHIS will respond to comments at the
hearing, except to clarify or explain provisions of the proposed rule.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
We are proposing to amend the ``Imported Seed'' regulations by
moving the regulations to a different chapter in the Code of Federal
Regulations, establishing a seed analysis program with Canada, and
allowing U.S. companies that import seed for cleaning or screenings for
processing to enter into compliance agreements with APHIS. With these
proposed changes, the regulations would reflect recent amendments to
the FSA and the transfer of responsibility for the import provisions of
the act from the AMS to APHIS, eliminate the need for sampling
shipments of Canadian-origin seed at the border, and allow certain seed
importers to clean seed without the direct supervision of an APHIS
inspector.
No economic impact is expected to result from shifting the
regulations to a different chapter in the Code of Federal Regulations.
However, the elimination of the requirement that shipments of Canadian-
origin seed be sampled at the border is expected to result in savings
to APHIS. Currently, at the Canadian border, APHIS relies on the U.S.
Customs Service to draw samples from shipment of imported seed. Customs
Service inspectors mail the seed samples to APHIS' Seed Examination
Facility (SEF) in Beltsville, MD, for testing. The proposed rule would
require that all shipments of Canadian-origin agricultural or vegetable
seed be accompanied by a certificate of analysis issued by Agriculture
and Agri-Food Canada or by a private seed laboratory accredited by
Agriculture and Agri-Food Canada; the certificate of analysis would
preclude the need for sampling and testing those shipments of Canadian-
origin seed. The certificate of analysis would confirm the seed
shipment meets the noxious weed tolerances and labeling requirements of
the FSA and the regulations. Under the provisions of the proposed rule,
the cost of the analysis and subsequent certification would be borne by
the owner or exporter of the seed, so there would be a reduction in the
sampling and testing costs currently borne by APHIS. It is estimated
that APHIS would save over $103,000 annually in salary and related
expenditures associated with the testing of Canadian-origin seed.
Currently, Canada's agricultural regulations allow seed from the
United States to move into the commerce of Canada without testing if a
certificate of analysis from an approved American laboratory
accompanies the seed. The provisions of this proposed rule would allow
for a reciprocal seed import certification program with Canada. This
reciprocity is important in facilitating trade, given the volume of
seed trade between the two countries. Imports of field and garden seeds
from Canada represent 80 percent of total U.S. seed imports; from 1992
to 1994, imports of the regulated agricultural and vegetable seeds from
Canada into the United States averaged 107,270 tons per year, with an
average value of $63.059 million. From fiscal year 1989 to fiscal year
1993, the number of seed shipments sampled increased from 2,451 to
3,615 shipments per year, an increase of 47.5 percent; over the same
period, SEF tested an average of 2,907 seed samples per year. In fiscal
years 1994 and 1995, approximately 5,000 Canadian seed samples were
tested. Only 3 percent of Canadian seed shipments were refused
admission for noxious weed content.
The SEF botanist currently spends approximately 90 percent of his
time in testing Canadian-origin seed for noxious weed seeds, while his
assistant spends about 50 percent of his time on this task. For both
the botanist and his assistant, the time spent testing Canadian seed
reduces the amount of time they can devote to seed identification and
other responsibilities. In terms of salaries and benefits, the costs
associated with the SEF's testing of Canadian seed are estimated to
exceed $100,000 annually. Our proposal to require that Canadian-origin
seed be certified prior to entry into the United States would eliminate
the need for the routine testing of Canadian-origin seed and thus
eliminate the costs associated with that testing. The time and costs
previously spent on testing Canadian seed would then be shifted into
the SEF's other areas of responsibility.
The proposed rule would also realize savings in salary for the time
spent by APHIS or State inspectors supervising the cleaning of seed
lots refused admission due to noxious weed seed content. In fiscal year
1995, 61 seed shipments were refused entry due to noxious weed seed
content above tolerances. An inspector spends an average of about 4
hours in supervising the cleaning of each refused shipment. The savings
in the inspector's supervision time in this activity is estimated as
$1,262.
This proposed rule would also allow companies that import uncleaned
seed for reconditioning and resale to enter into a compliance agreement
with APHIS, which would likely yield a savings to APHIS in inspection
time since only periodic inspections of these companies would be
necessary to ensure compliance with the conditions of the agreement.
Currently, APHIS employs a contractor who is responsible for
supervising the cleaning of the adulterated seed imported by two
companies in Idaho. In fiscal year 1995, 48 lots of seed imported by
those two companies required cleaning supervision; a company operating
under a compliance agreement would not require supervision for every
lot of seed imported for cleaning. Thus, we expect there would be an
estimated $1,664 annual savings in salary and benefits as a result of
seed-cleaning companies entering into compliance agreements with APHIS.
[[Page 51797]]
In total, we expect an estimated annual reduction of approximately
$103,000 in the costs associated with the sampling and testing of
Canadian origin seed and the supervision of seed cleaning.
The Regulatory Flexibility Act requires that the Agency
specifically consider the impact of proposed regulations on small U.S.
businesses. The proposed rule is expected to impact exporters of
Canadian-origin seed, the majority of which--over 95 percent--are
Canadian businesses. The cost of obtaining a certificate of analysis
from a Canadian government or private laboratory is estimated to range
from $13.00 to $58.00 per lot, depending on the type of seed to be
analyzed, or an average of $35 per lot. The cost is the same regardless
of the size of the lot, which can range from 50 to 50,000 pounds. Based
upon fiscal year 1995 figures, there would be approximately 6,000 seed
shipments per year from Canada that would require certification as a
condition of importation into the United States. For the majority of
shipments, the cost of the certification would not represent an
additional expense because much of the seed likely would have been
tested anyway to meet the requirements of the exporting company's
contracts with its importing customers. Nevertheless, the cost of a
certificate is small in comparison to the average value of a seed
shipment (which is typically worth thousands of dollars) and should
not, therefore, impose a significant economic burden on Canadian seed
exporters, large or small. For this reason, any cost that is passed on
to U.S. buyers of Canadian seed is likewise estimated to be small.
Less than 2 percent of Canadian seed imports are transacted by
individual farms. Individual farms located near the U.S.-Canadian
border typically import small amounts of Canadian seed to be used
directly on farms. While the exact number of these entities is not
known, it is expected that the impact to these individuals would be
small because seed sold in such small quantities is, in almost all
cases, already analyzed and certified prior to its entry into the
United States.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. 93-126-4.
Please send a copy of your comments to: (1) Docket No. 93-126-4,
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer,
OIRM, USDA, room 404-W, 14th Street and Independence Avenue SW.,
Washington, DC 20250. A comment to OMB is best assured of having its
full effect if OMB receives it within 30 days of publication of this
proposed rule.
In this document, we are proposing to amend the ``Imported Seed''
regulations by moving the regulations to a different chapter in the
Code of Federal Regulations; establishing a seed analysis program with
Canada; and allowing U.S. companies that import seed for cleaning or
screenings for processing to enter into compliance agreements with
APHIS. These proposed changes would bring the imported seed regulations
into agreement with the amended FSA, eliminate the need for sampling
shipments of Canadian-origin seed at the border, and allow certain seed
importers to clean seed without the direct supervision of an APHIS
inspector.
We are seeking OMB approval to use the following documents in
connection with the information collection activities that would occur
under the proposed regulations described in this document:
Seed Analysis Certificate (PPQ-925): Canadian-grown seed shipments
imported into the United States would have to be accompanied by a
certificate of analysis issued by Agriculture and Agri-Food Canada. The
certificate would confirm that the seed in each lot had been analyzed
for noxious weed seed content at the issuing laboratory and, if the
seed was being imported for seeding (planting) purposes, the
certificate would confirm that the seed met the noxious weed seed
tolerances of proposed Sec. 361.6. If the seed was being imported for
cleaning, the certificate would have to name the kinds of noxious weed
seeds that were to be removed from the lot of seed. Under the proposed
program, we would also accept certificates that had been issued by an
accredited laboratory designated by the Canadian agriculture minister
pursuant to Section 14 of the Canadian Agricultural Products Act.
Compliance Agreement (PPQ 519): We would allow any person engaged
in the business of cleaning imported agricultural or vegetable seed to
enter into a compliance agreement with APHIS, which would remove the
need for the full-time presence of an APHIS inspector at the cleaning
facility. In addition, we would require that any person engaged in the
business of or processing certain screenings from Canada enter into a
compliance agreement with APHIS. These agreements would be signed by
the person engaged in the business, the State in which the business
operates, and APHIS. The agreement would specify various safeguards
necessary to ensure safe destruction of noxious weed seeds and plant
pests; require resampling of cleaned seed to determine enterability;
and state that APHIS inspectors must be allowed access to the facility
to monitor compliance with our regulations.
Written Appeal of Cancellation or Denial: Any person whose
compliance agreement has been canceled or whose request to enter into a
compliance agreement has been denied may appeal the decision, in
writing, within 10 days after receiving written notification of the
cancellation or denial.
Recordkeeping: We believe recordkeeping with regard to imported
seed would be necessary to allow APHIS to trace the origin of seeds or
screenings, if necessary, and to monitor the efficacy of noxious weed
examinations and cleaning. Seed importers already keep such records for
internal purposes and to comply with the interstate provisions of FSA
regulations administered by AMS. Therefore, we are proposing to require
that each person importing agricultural seed or vegetable seed under
the proposed regulations would have to maintain a record, including
copies of the declaration and labeling required under the regulations
and a sample of seed, for each lot of seed imported. Except for the
seed sample, which could be discarded 1 year after the entire lot
represented by the sample had been disposed of by the person who
imported the seed, the records would have to be
[[Page 51798]]
maintained for 3 years following the importation.
The purpose of this notice is to solicit comments from the public
(as well as affected agencies) concerning our new information
collection. We need this outside input to help us accomplish the
following:
Evaluate whether the information collection is necessary for the
proper performance of our agency's functions, including whether the
information will have practical utility;
Evaluate the accuracy of our estimate of the burden of the
information collection, including the validity of the methodology and
assumptions used;
Enhance the quality, utility, and clarity of the information to be
collected; and
Minimize the burden of the information collection on those who are
to respond, (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average .0333 hours per response.
Respondents: Seed importers, seed exporters, operators of
facilities for cleaning seed or processing screenings.
Estimated number of respondents: 195.
Estimated number of responses per respondent: 2,094.
Estimated total annual burden on respondents: 6,913.
Copies of this information collection can be obtained from:
Clearance Officer, OIRM, USDA, room 404-W, 14th Street and Independence
Avenue SW., Washington, DC 20250.
Regulatory Reform
This action is part of the President's Regulatory Reform
Initiative, which, among other things, directs agencies to remove
obsolete and unnecessary regulations and to find less burdensome ways
to achieve regulatory goals.
List of Subjects
7 CFR Part 201
Advertising, Agricultural commodities, Imports, Labeling, Reporting
and recordkeeping requirements, Seeds, Vegetables.
7 CFR Part 361
Agricultural commodities, Imports, Labeling, Quarantine, Reporting
and recordkeeping requirements, Seeds, Vegetables, Weeds.
Accordingly, title 7, chapters I and III, of the Code of Federal
Regulations would be amended as follows:
PART 201--FEDERAL SEED ACT REGULATIONS
1. The authority citation for part 201 would continue to read as
follows:
Authority: 7 U.S.C. 1592.
Sec. 201.38 [Amended]
2. Section 201.38 would be amended by removing the words
``Secs. 201.208 and 201.209'' and adding the words ``Sec. 361.4 of this
title'' in their place.
Secs. 201.101 through 201.230 [Removed]
3. In 7 CFR part 201, Secs. 201.101 through 201.230 would be
removed.
4. A new 7 CFR part 361 would be added to read as follows:
PART 361--IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED
ACT
Sec.
361.1 Definitions.
361.2 General restrictions on the importation of seed and
screenings.
361.3 Declarations and labeling.
361.4 Inspection at the port of first arrival.
361.5 Sampling of seeds.
361.6 Noxious weed seeds.
361.7 Special provisions for Canadian-origin seed and screenings.
361.8 Cleaning of imported seed and processing of certain Canadian-
origin screenings.
361.9 Recordkeeping.
361.10 Costs and charges.
Authority: 7 U.S.C. 1581-1610; 7 CFR 2.22, 2.80, and 371.2(c).
Sec. 361.1 Definitions.
Terms used in the singular form in this part shall be construed as
the plural, and vice versa, as the case may demand. The following
terms, when used in this part, shall be construed, respectively, to
mean:
Administrator. The Administrator of the Animal and Plant Health
Inspection Service, U.S. Department of Agriculture, or any other
individual to whom the Administrator delegates authority to act in his
or her stead.
Agricultural seed. The following kinds and varieties of grass,
forage, and field crop seed that are used for seeding purposes in the
United States:
Agrotricum--x Agrotriticum Ciferri and Giacom.
Alfalfa--Medicago sativa L.
Alfilaria--Erodium cicutarium (L.) L'Her.
Alyceclover--Alysicarpus vaginalis (L.) DC.
Bahiagrass--Paspalum notatum Fluegge
Barley--Hordeum vulgare L.
Barrelclover--Medicago truncatula Gaertn.
Bean, adzuki--Vigna angularis (Willd.) Ohwi and Ohashi
Bean, field--Phaseolus vulgaris L.
Bean, mung--Vigna radiata (L.) Wilczek
Beet, field--Beta vulgaris L. subsp. vulgaris
Beet, sugar--Beta vulgaris L. subsp. vulgaris
Beggarweed, Florida--Desmodium tortuosum (Sw.) DC.
Bentgrass, colonial--Agrostis capillaris L.
Bentgrass, creeping--Agrostis stolonifera L. var. palustris (Huds.)
Farw.
Bentgrass, velvet--Agrostis canina L.
Bermudagrass--Cynodon dactylon (L.) Pers. var. dactylon
Bermudagrass, giant--Cynodon dactylon (L.) Pers. var. aridus Harlan
and de Wet
Bluegrass, annual--Poa annua L.
Bluegrass, bulbous--Poa bulbosa L.
Bluegrass, Canada--Poa compressa L.
Bluegrass, glaucantha--Poa glauca Vahl
Bluegrass, Kentucky--Poa pratensis L.
Bluegrass, Nevada--Poa secunda J.S. Presl
Bluegrass, rough--Poa trivialis L.
Bluegrass, Texas--Poa arachnifera Torr.
Bluegrass, wood--Poa nemoralis L.
Bluejoint--Calamagrostis canadensis (Michx.) P. Beauv.
Bluestem, big--Andropogon gerardii Vitm. var. gerardii
Bluestem, little--Schizachyrium scoparium (Michx.) Nash
Bluestem, sand--Andropogon hallii Hack.
Bluestem, yellow--Bothriochloa ischaemum (L.) Keng.
Bottlebrush-squirreltail--Elymus elymoides (Raf.) Swezey
Brome, field--Bromus arvensis L.
Brome, meadow--Bromus biebersteinii Roem. and Schult.
Brome, mountain--Bromus marginatus Steud.
Brome, smooth--Bromus inermis Leyss.
Broomcorn--Sorghum bicolor (L.) Moench
Buckwheat--Fagopyrum esculentum Moench
Buffalograss--Buchloe dactyloides (Nutt.) Engelm.
Buffelgrass--Cenchrus ciliaris L.
Burclover, California--Medicago polymorpha L.
Burclover, spotted--Medicago arabica (L.) Huds.
Burnet, little--Sanguisorba minor Scop.
[[Page 51799]]
Buttonclover--Medicago orbicularis (L.) Bartal.
Canarygrass--Phalaris canariensis L.
Canarygrass, reed--Phalaris arundinacea L.
Carpetgrass--Axonopus fissifolius (Raddi) Kuhlm.
Castorbean--Ricinus communis L.
Chess, soft--Bromus hordeaceus L.
Chickpea--Cicer arietinum L.
Clover, alsike--Trifolium hybridum L.
Clover, arrowleaf--Trifolium vesiculosum Savi
Clover, berseem--Trifolium alexandrinum L.
Clover, cluster--Trifolium glomeratum L.
Clover, crimson--Trifolium incarnatum L.
Clover, Kenya--Trifolium semipilosum Fresen.
Clover, ladino--Trifolium repens L.
Clover, lappa--Trifolium lappaceum L.
Clover, large hop--Trifolium campestre Schreb.
Clover, Persian--Trifolium resupinatum L.
Clover, red or
Red clover, mammoth--Trifolium pratense L.
Red clover, medium--Trifolium pratense L.
Clover, rose--Trifolium hirtum All.
Clover, small hop or suckling--Trifolium dubium Sibth.
Clover, strawberry--Trifolium fragiferum L.
Clover, sub or subterranean--Trifolium subterraneum L.
Clover, white--Trifolium repens L. (also see Clover, ladino)
Clover--(also see Alyceclover, Burclover, Buttonclover, Sourclover,
Sweetclover)
Corn, field--Zea mays L.
Corn, pop--Zea mays L.
Cotton--Gossypium spp.
Cowpea--Vigna unguiculata (L.) Walp. subsp. unguiculata
Crambe--Crambe abyssinica R.E. Fries
Crested dogtail--Cynosurus cristatus L.
Crotalaria, lance--Crotalaria lanceolata E. Mey.
Crotalaria, showy--Crotalaria spectabilis Roth
Crotalaria, slenderleaf--Crotalaria brevidens Benth. var.
intermedia (Kotschy) Polh.
Crotalaria, striped or smooth--Crotalaria pallida Ait.
Crotalaria, sunn--Crotalaria juncea L.
Crownvetch--Coronilla varia L.
Dallisgrass--Paspalum dilatatum Poir.
Dichondra--Dichondra repens Forst. and Forst. f.
Dropseed, sand--Sporobolus cryptandrus (Torr.) A. Gray
Emmer--Triticum dicoccon Schrank
Fescue, chewings--Festuca rubra L. subsp. commutata Gaud.
Fescue, hair--Festuca tenuifolia Sibth.
Fescue, hard--Festuca brevipila Tracey
Fescue, meadow--Festuca pratensis Huds.
Fescue, red--Festuca rubra L. subsp. rubra
Fescue, sheep--Festuca ovina L. var. ovina
Fescue, tall--Festuca arundinacea Schreb.
Flax--Linum usitatissimum L.
Galletagrass--Hilaria jamesii (Torr.) Benth.
Grama, blue--Bouteloua gracilis (Kunth) Steud.
Grama, side-oats--Bouteloua curtipendula (Michx.) Torr.
Guar--Cyamopsis tetragonoloba (L.) Taub.
Guineagrass--Panicum maximum Jacq. var. maximum
Hardinggrass--Phalaris stenoptera Hack.
Hemp--Cannabis sativa L.
Indiangrass, yellow--Sorghastrum nutans (L.) Nash
Indigo, hairy--Indigofera hirsuta L.
Japanese lawngrass--Zoysia japonica Steud.
Johnsongrass--Sorghum halepense (L.) Pers.
Kenaf--Hibiscus cannabinus L.
Kochia, forage--Kochia prostrata (L.) Schrad.
Kudzu--Pueraria montana (Lour.) Merr. var. lobata (Willd.) Maesen
and S. Almeida
Lentil--Lens culinaris Medik.
Lespedeza, Korean--Kummerowia stipulacea (Maxim.) Makino
Lespedeza, sericea or Chinese--Lespedeza cuneata (Dum.-Cours.) G.
Don
Lespedeza, Siberian--Lespedeza juncea (L. f.) Pers.
Lespedeza, striate--Kummerowia striata (Thunb.) Schindler
Lovegrass, sand--Eragrostis trichodes (Nutt.) Wood
Lovegrass, weeping--Eragrostis curvula (Schrad.) Nees
Lupine, blue--Lupinus angustifolius L.
Lupine, white--Lupinus albus L.
Lupine, yellow--Lupinus luteus L.
Manilagrass--Zoysia matrella (L.) Merr.
Meadow foxtail--Alopecurus pratensis L.
Medic, black--Medicago lupulina L.
Milkvetch or cicer milkvetch--Astragalus cicer L.
Millet, browntop--Brachiaria ramosa (L.) Stapf
Millet, foxtail--Setaria italica (L.) Beauv.
Millet, Japanese--Echinochloa frumentacea Link
Millet, pearl--Pennisetum glaucum (L.) R. Br.
Millet, proso--Panicum miliaceum L.
Molassesgrass--Melinis minutiflora Beauv.
Mustard, black--Brassica nigra (L.) Koch
Mustard, India--Brassica juncea (L.) Czernj. and Coss.
Mustard, white--Sinapis alba L.
Napiergrass--Pennisetum purpureum Schumach.
Needlegrass, green--Stipa viridula Trin.
Oat--Avena byzantina C. Koch, A. sativa L., A. nuda L.
Oatgrass, tall--Arrhenatherum elatius (L.) J.S. Presl and K.B.
Presl
Orchardgrass--Dactylis glomerata L.
Panicgrass, blue--Panicum antidotale Retz.
Panicgrass, green--Panicum maximum Jacq. var. trichoglume Robyns
Pea, field--Pisum sativum L.
Peanut--Arachis hypogaea L.
Poa trivialis--(see Bluegrass, rough)
Rape, annual--Brassica napus L. var. annua Koch
Rape, bird--Brassica rapa L. subsp. rapa
Rape, turnip--Brassica rapa L. subsp. silvestris (Lam.) Janchen
Rape, winter--Brassica napus L. var. biennis (Schubl. and Mart.)
Reichb.
Redtop--Agrostis gigantea Roth
Rescuegrass--Bromus catharticus Vahl
Rhodesgrass--Chloris gayana Kunth
Rice--Oryza sativa L.
Ricegrass, Indian--Oryzopsis hymenoides (Roem. and Schult.) Ricker
Roughpea--Lathyrus hirsutus L.
Rye--Secale cereale L.
Rye, mountain--Secale strictum (K.B. Presl) K.B. Presl subsp.
strictum
Ryegrass, annual or Italian--Lolium multiflorum Lam.
Ryegrass, intermediate--Lolium x hybridum Hausskn.
Ryegrass, perennial--Lolium perenne L.
Ryegrass, Wimmera--Lolium rigidum Gaud.
Safflower--Carthamus tinctorius L.
Sagewort, Louisiana--Artemisia ludoviciana Nutt.
Sainfoin--Onobrychis viciifolia Scop.
Saltbush, fourwing--Atriplex canescens (Pursh) Nutt.
Sesame--Sesamum indicum L.
Sesbania--Sesbania exaltata (Raf.) A.W. Hill
Smilo--Piptatherum miliaceum (L.) Coss
[[Page 51800]]
Sorghum--Sorghum bicolor (L.) Moench
Sorghum almum--Sorghum x almum L. Parodi
Sorghum-sudangrass--Sorghum x drummondii (Steud.) Millsp. and Chase
Sorgrass--Rhizomatous derivatives of a johnsongrass x sorghum cross
or a johnsongrass x sudangrass cross
Southernpea--(See Cowpea)
Sourclover--Melilotus indicus (L.) All.
Soybean--Glycine max (L.) Merr.
Spelt--Triticum spelta L.
Sudangrass--Sorghum x drummondii (Steud.) Millsp. and Chase
Sunflower--Helianthus annuus L.
Sweetclover, white--Melilotus albus Medik.
Sweetclover, yellow--Melilotus officinalis Lam.
Sweet vernalgrass--Anthoxanthum odoratum L.
Sweetvetch, northern--Hedysarum boreale Nutt.
Switchgrass--Panicum virgatum L.
Timothy--Phleum pratense L.
Timothy, turf--Phleum bertolonii DC.
Tobacco--Nicotiana tabacum L.
Trefoil, big--Lotus uliginosus Schk.
Trefoil, birdsfoot--Lotus corniculatus L.
Triticale--x Triticosecale Wittm. (Secale x Triticum)
Vaseygrass--Paspalum urvillei Steud.
Veldtgrass--Ehrharta calycina J.E. Smith
Velvetbean--Mucuna pruriens (L.) DC. var. utilis (Wight) Burck
Velvetgrass--Holcus lanatus L.
Vetch, common--Vicia sativa L. subsp. sativa
Vetch, hairy--Vicia villosa Roth subsp. villosa
Vetch, Hungarian--Vicia pannonica Crantz
Vetch, monantha--Vicia articulata Hornem.
Vetch, narrowleaf or blackpod--Vicia sativa L. subsp. nigra (L.)
Ehrh.
Vetch, purple--Vicia benghalensis L.
Vetch, woollypod or winter--Vicia villosa Roth subsp. varia (Host)
Corb.
Wheat, common--Triticum aestivum L.
Wheat, club--Triticum compactum Host
Wheat, durum--Triticum durum Desf.
Wheat, Polish--Triticum polonicum L.
Wheat, poulard--Triticum turgidum L.
Wheat x Agrotricum--Triticum x Agrotriticum
Wheatgrass, beardless--Pseudoroegneria spicata (Pursh) A. Love
Wheatgrass, crested or fairway crested--Agropyron cristatum (L.)
Gaertn.
Wheatgrass, crested or standard crested--Agropyron desertorum
(Link) Schult.
Wheatgrass, intermediate--Elytrigia intermedia (Host) Nevski subsp.
intermedia
Wheatgrass, pubescent--Elytrigia intermedia (Host) Nevski subsp.
intermedia
Wheatgrass, Siberian--Agropyron fragile (Roth) Candargy subsp.
sibiricum (Willd.) Meld.
Wheatgrass, slender--Elymus trachycaulus (Link) Shinn.
Wheatgrass, streambank--Elymus lanceolatus (Scribn. and J.G. Smith)
Gould subsp. lanceolatus
Wheatgrass, tall--Elytrigia elongata (Host) Nevski
Wheatgrass, western--Pascopyrum smithii (Rydb.) A. Love
Wildrye, basin--Leymus cinereus (Scribn. and Merr.) A. Love
Wildrye, Canada--Elymus canadensis L.
Wildrye, Russian--Psathyrostachys juncea (Fisch.) Nevski
Zoysia japonica--(see Japanese lawngrass)
Zoysia matrella--(see Manilagrass)
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the U.S. Department of Agriculture.
APHIS inspector. Any employee of the Animal and Plant Health
Inspection Service or any other individual authorized by the
Administrator to enforce this part.
Coated Seed. Any seed unit covered with any substance that changes
the size, shape, or weight of the original seed. Seeds coated with
ingredients such as, but not limited to, rhizobia, dyes, and pesticides
are excluded.
Declaration. A written statement of a grower, shipper, processor,
dealer, or importer giving for any lot of seed the kind, variety, type,
origin, or the use for which the seed is intended.
Hybrid. When applied to kinds or varieties of seed means the first
generation seed of a cross produced by controlling the pollination and
by combining two or more inbred lines; one inbred or a single cross
with an open-pollinated variety; two selected clones, seed lines,
varieties, or species. ``Controlling the pollination'' means to use a
method of hybridization that will produce pure seed that is at least 75
percent hybrid seed. Hybrid designations shall be treated as variety
names.
Import. To bring into the territorial limits of the United States.
Kind. One or more related species or subspecies that singly or
collectively is known by one common name, e.g., soybean, flax, or
carrot.
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 that appear in the labeling.
Mixture. Seeds consisting of more than one kind or variety, each
present in excess of 5 percent of the whole.
Official seed analyst. A registered member of the Association of
Official Seed Analysts.
Pelleted seed. Any seed unit covered with a substance that changes
the size, shape, or weight of the original seed in order to improve the
plantability or singulation of the seed.
Person. Any individual, partnership, corporation, company, society,
association, receiver, trustee, or other legal entity or organized
group.
Port of first arrival. The land area (such as a seaport, airport,
or land border station) where a person, or a land, water, or air
vehicle, first arrives after entering the United States, and where
inspection of articles is carried out by APHIS inspectors.
Registered seed technologist. A registered member of the Society of
Commercial Seed Technologists.
Screenings. Chaff, sterile florets, immature seed, weed seed, inert
matter, and any other materials removed in any way from any seeds in
any kind of cleaning or processing and which contains less than 25
percent of live agricultural or vegetable seeds.
State. Any State, the District of Columbia, American Samoa, Guam,
the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the
United States, and any other territory or possession of the United
States.
United States. All of the States.
Variety. A subdivision of a kind which is characterized by growth,
plant, fruit, seed, or other characteristics by which it can be
differentiated from other sorts of the same kind.
Vegetable seed. The seed of the following kinds and varieties that
are or may be grown in gardens or on truck farms and are or may be
generally known and sold under the name of vegetable seed:
Artichoke--Cynara cardunculus L. subsp. cardunculus
Asparagus--Asparagus officinalis Baker
Asparagusbean or yard-long bean--Vigna unguiculata (L.) Walp.
subsp. sesquipedalis (L.) Verdc.
Bean, garden--Phaseolus vulgaris L.
Bean, lima--Phaseolus lunatus L.
Bean, runner or scarlet runner--Phaseolus coccineus L.
Beet--Beta vulgaris L. subsp. vulgaris
Broadbean--Vicia faba L.
Broccoli--Brassica oleracea L. var. botrytis L.
[[Page 51801]]
Brussels sprouts--Brassica oleracea L. var. gemmifera DC.
Burdock, great--Arctium lappa L.
Cabbage--Brassica oleracea L. var. capitata L.
Cabbage, Chinese--Brassica rapa L. subsp. pekinensis (Lour.) Hanelt
Cabbage, tronchuda--Brassica oleracea L. var. costata DC.
Cantaloupe--(see Melon)
Cardoon--Cynara cardunculus L. subsp. cardunculus
Carrot--Daucus carota L. subsp. sativus (Hoffm.) Arcang.
Cauliflower--Brassica oleracea L. var. botrytis L.
Celeriac--Apium graveolens L. var. rapaceum (Mill.) Gaud.
Celery--Apium graveolens L. var. dulce (Mill.) Pers.
Chard, Swiss--Beta vulgaris L. subsp. cicla (L.) Koch
Chicory--Cichorium intybus L.
Chives--Allium schoenoprasum L.
Citron--Citrullus lanatus (Thunb.) Matsum. and Nakai var. citroides
(Bailey) Mansf.
Collards--Brassica oleracea L. var. acephala DC.
Corn, sweet--Zea mays L.
Cornsalad--Valerianella locusta (L.) Laterrade
Cowpea--Vigna unguiculata (L.) Walp. subsp. unguiculata
Cress, garden--Lepidium sativum L.
Cress, upland--Barbarea verna (Mill.) Asch.
Cress, water--Rorippa nasturtium-aquaticum (L.) Hayek
Cucumber--Cucumis sativus L.
Dandelion--Taraxacum officinale Wigg.
Dill--Anethum graveolens L.
Eggplant--Solanum melongena L.
Endive--Cichorium endivia L.
Gherkin, West India--Cucumis anguria L.
Kale--Brassica oleracea L. var. acephala DC.
Kale, Chinese--Brassica oleracea L. var. alboglabra (Bailey) Musil
Kale, Siberian--Brassica napus L. var. pabularia (DC.) Reichb.
Kohlrabi--Brassica oleracea L. var. gongylodes L.
Leek--Allium porrum L.
Lettuce--Lactuca sativa L.
Melon--Cucumis melo L.
Muskmelon--(see Melon).
Mustard, India--Brassica juncea (L.) Czernj. and Coss.
Mustard, spinach--Brassica perviridis (Bailey) Bailey
Okra--Abelmoschus esculentus (L.) Moench
Onion--Allium cepa L.
Onion, Welsh--Allium fistulosum L.
Pak-choi--Brassica rapa L. subsp. chinensis (L.) Hanelt
Parsley--Petroselinum crispum (Mill.) A.W. Hill
Parsnip--Pastinaca sativa L.
Pea--Pisum sativum L.
Pepper--Capsicum spp.
Pe-tsai--(see Chinese cabbage).
Pumpkin--Cucurbita pepo L., C. moschata (Duchesne) Poiret, and C.
maxima Duchesne
Radish--Raphanus sativus L.
Rhubarb--Rheum rhabarbarum L.
Rutabaga--Brassica napus L. var. napobrassica (L.) Reichb.
Sage--Salvia officinalis L.
Salsify--Tragopogon porrifolius L.
Savory, summer--Satureja hortensis L.
Sorrel--Rumex acetosa L.
Southernpea--(see Cowpea).
Soybean--Glycine max (L.) Merr.
Spinach--Spinacia oleracea L.
Spinach, New Zealand--Tetragonia tetragonioides (Pall.) Ktze.
Squash--Cucurbita pepo L., C. moschata (Duchesne) Poiret, and C.
maxima Duchesne
Tomato--Lycopersicon esculentum Mill.
Tomato, husk--Physalis pubescens L.
Turnip--Brassica rapa L. subsp. rapa
Watermelon--Citrullus lanatus (Thunb.) Matsum. and Nakai var.
lanatus
Sec. 361.2 General restrictions on the importation of seed and
screenings.
(a) No person shall import any agricultural seed, vegetable seed,
or screenings into the United States unless the importation is in
compliance with this part.
(b) Any agricultural seed, vegetable seed, or screenings imported
into the United States not in compliance with this part shall be
subject to exportation, destruction, disposal, or any remedial measures
that the Administrator determines are necessary to prevent the
dissemination into the United States of noxious weeds.
(c) Except as provided in Sec. 361.7(b), coated or pelleted seed
may enter the United States only if each lot of seed is accompanied by
an officially drawn and sealed sample of seed drawn from the lot before
the seed was coated or pelleted. The sample must be drawn in a manner
consistent with that described in Sec. 361.5 of this part.
(d) Except as provided in Secs. 361.4(a)(3) and 361.7(c),
screenings of all agricultural seed and vegetable seed are prohibited
entry into the United States.
Sec. 361.3 Declarations and labeling.
(a) All lots of agricultural seed, vegetable seed, and screenings
offered for entry into the United States must be accompanied by a
declaration from the importer of the seed or screenings. The
declaration must state the kind, variety, and origin of each lot of
seed or screenings and the use for which the seed or screenings are
being imported.
(b) Each container of agricultural seed and vegetable seed offered
for entry into the United States that is being imported for seeding
(planting) purposes must be labeled to indicate the identification code
or designation for the lot of seed; the name of each kind or kind and
variety of agricultural seed or the name of each kind and variety of
vegetable seed present in the lot in excess of 5 percent of the whole;
and the designation ``hybrid'' when the lot contains hybrid seed. Kind
and variety names used on the label shall conform to the kind and
variety names used in the definitions of ``agricultural seed'' and
``vegetable seed'' in Sec. 361.1. If any seed in the lot has been
treated, each container must be further labeled, in type no smaller
than 8 point, as follows:
(1) The label must indicate that the seed has been treated and
provide the name of the substance or process used to treat the seed.
Substance names used on the label shall be the commonly accepted
coined, chemical (generic), or abbreviated chemical name.
(i) Commonly accepted coined names are not private trademarks and
are, thus, free for general public use, and are commonly recognized as
names of particular substances, e.g., thiram, captan, lindane, and
dichlone.
(ii) Examples of commonly accepted chemical (generic) names are
blue-stone, calcium carbonate, cuprous oxide, zinc hydroxide,
hexachlorobenzene, and ethyl mercury acetate. The terms ``mercury'' or
``mercurial'' may be used in labeling all types of mercurials.
(iii) Examples of commonly accepted abbreviated chemical names are
BHC (1, 2, 3, 4, 5, 6-Hexachlorocyclohexane) and DDT (dichloro diphenyl
trichloroethane).
(2) If the seed has been treated with a mercurial or similarly
toxic substance harmful to humans and vertebrate animals, the label
must include a representation of a skull and crossbones and a statement
indicating that the seed has been treated with poison. The skull and
crossbones must be at least twice the size of the type used for the
information provided on the label, and the poison warning statement
must be written in red letters on a background of distinctly
contrasting color. Mercurials and similarly toxic substances include
the following:
Aldrin, technical
Demeton
Dieldrin
[[Page 51802]]
p-Dimethylaminobenzenediazo sodium sulfonate
Endrin
Ethion
Heptachlor
Mercurials, all types
Parathion
Phorate
Toxaphene
O-O-Diethyl-O-(isopropyl-4-methyl-6-pyrimidyl) thiophosphate
O, O-Diethyl-S-2-(ethylthio) ethyl phosphorodithioate
(3) If the seed has been treated with a substance other than one
classified as a mercurial or similarly toxic substance under paragraph
(b)(2) of this section, and the amount remaining with the seed is
harmful to humans or other vertebrate animals, the label must indicate
that the seed is not to be used for food, feed, or oil purposes. Any
amount of any substance used to treat the seed that remains with the
seed will be considered harmful when the seed is in containers of more
than 4 ounces, except that the following substances will not be deemed
harmful when present at a rate less than the number of parts per
million (p/m) indicated:
Allethrin--2 p/m
Malathion--8 p/m
Methoxyclor--2 p/m
Piperonyl butoxide--20 p/m (8 p/m on oat and sorghum)
Pyrethrins--3 p/m (1 p/m on oat and sorghum)
(c) In the case of seed in bulk, the information required under
paragraph (b) of this section shall appear in the invoice or other
records accompanying and pertaining to such seed. If the seed is in
containers and in quantities of 20,000 pounds or more, regardless of
the number of lots included, the information required on each container
under paragraph (b) of this section need not be shown on each container
if each container has stenciled upon it or bears a label containing a
lot designation and the invoice or other records accompanying and
pertaining to such seed bear the various statements required for the
respective seeds.
(d) Each container of agricultural seed and vegetable seed offered
for entry into the United States for cleaning need not be labeled to
show the information required under paragraph (b) of this section if:
(1) The seed is in bulk;
(2) The seed is in containers and in quantities of 20,000 pounds or
more, regardless of the number of lots involved, and the invoice or
other records accompanying and pertaining to the seed show that the
seed is for cleaning; or
(3) The seed is in containers and in quantities less than 20,000
pounds, and each container carries a label that bears the words ``Seed
for cleaning.''
Sec. 361.4 Inspection at the port of first arrival.
(a) All agricultural seed, vegetable seed, and screenings offered
for entry into the United States shall be subject to inspection at the
port of first arrival. Lots of agricultural seed, vegetable seed, or
screenings may enter the United States without meeting the sampling
requirements of paragraph (b) of this section if the lot is:
(1) Seed that is not being imported for seeding (planting) purposes
and the declaration required by Sec. 361.3(a) states the purpose for
which the seed is being imported;
(2) Seed that is being shipped in bond through the United States;
(3) Screenings from seeds of wheat, oats, barley, rye, buckwheat,
field corn, sorghum, broomcorn, flax, millet, proso, soybeans, cowpeas,
field peas, or field beans that are not being imported for seeding
(planting) purposes and the declaration accompanying the screenings as
required under Sec. 361.2(a) indicates that the screenings are being
imported for processing or manufacturing purposes;
(4) Seed that is being imported for sowing for experimental or
breeding purposes, is not for sale, is limited in quantity to the
amount indicated in column 3 of table 1 of Sec. 361.5, and is
accompanied by a declaration stating the purpose for which it is being
imported (seed imported for increase purposes only will not be
considered as being imported for experimental or breeding purposes); or
(5) Seed that was grown in the United States, exported, and is now
returning to the United States, provided that the person importing the
seed into the United States furnishes APHIS with the following
documentation:
(i) Export documents indicating the quantity of seed and number of
containers, the date of exportation from the United States, the
distinguishing marks on the containers at the time of exportation, and
the name and address of the United States exporter;
(ii) A document issued by a Customs or other government official of
the country to which the seed was exported indicating that the seed was
not admitted into the commerce of that country; and
(iii) A document issued by a Customs or other government official
of the country to which the seed was exported indicating that the seed
was not commingled with other seed after being exported to that
country.
(b) Except as provided in Secs. 361.5(a)(2) and 361.7, samples will
be taken from all agricultural seed and vegetable seed offered for
entry into the United States that is being imported for seeding
(planting) purposes prior to being released into the commerce of the
United States.
(1) Samples of seed will be taken from each lot of seed in
accordance with Sec. 361.5 to determine whether any seeds of noxious
weeds listed in Sec. 361.6(a) are present. If seeds of noxious weeds
are present at a level higher than the tolerances set forth in
Sec. 361.6(b), the lot of seed will be deemed to be adulterated and
will be rejected for entry into the United States for seeding
(planting) purposes. Once deemed adulterated, the lot of seed must be:
(i) Exported from the United States;
(ii) Destroyed under the supervision of an APHIS inspector;
(iii) Cleaned under APHIS supervision at a seed-cleaning facility
that is operated in accordance with Sec. 361.8(a); or
(iv) If the lot of seed is adulterated with the seeds of a noxious
weed listed in Sec. 361.6(a)(2), the seed may be allowed entry into the
United States for feeding or manufacturing purposes, provided the
importer withdraws his or her original declaration and files a new
declaration stating that the seed is being imported for feeding or
manufacturing purposes and that no part of the seed will be used for
seeding (planting) purposes.
(2) Seed deemed adulterated may not be mixed with any other seed
unless the Administrator determines that two or more lots of seed
deemed adulterated are of substantially the same quality and origin. In
such cases, the Administrator may allow the adulterated lots of seed to
be mixed for cleaning as provided in paragraph (b)(1)(iii) of this
section.
(3) If the labeling of a lot of seed is found to be false or
misleading in any respect, a finding of false labeling will be made and
the seed will be rejected for entry into the United States. A lot of
seed found to be falsely labeled must be:
(i) Exported from the United States;
(ii) Destroyed under the supervision of an APHIS inspector; or
(iii) The seed may be allowed entry into the United States if the
labeling is corrected under the supervision of an APHIS inspector to
accurately reflect the character of the lot of seed.
Sec. 361.5 Sampling of seed.
(a) Sample sizes. As provided in Sec. 361.4(b), samples of seed
will be taken from each lot of seed being imported for seeding purposes
to determine whether any seeds of noxious weeds listed in
[[Page 51803]]
Sec. 361.6(a) are present. The samples shall be drawn in the manner
described in paragraphs (b) and (c) of this section. Unused portions of
samples of rare or expensive seeds will be returned by APHIS upon
request of the importer.
(1) A minimum sample of not less than 1 quart shall be drawn from
each lot of agricultural seed; a minimum sample of not less than 1 pint
shall be drawn from each lot of vegetable seed, except that a sample of
\1/4\ pint will be sufficient for a vegetable seed importation of 5
pounds or less. The minimum sample shall be divided repeatedly until a
working sample of proper weight has been obtained. If a mechanical
divider cannot be used or is not available, the sample shall be
thoroughly mixed, then placed in a pile; the pile shall be divided
repeatedly into halves until a working sample of the proper weight
remains. The weights of the working samples for noxious weed
examination for each lot of seed are shown in column 1 of table 1 of
this section. If the lot of seed is a mixture, the following methods
shall be used to determine the weight of the working sample:
(i) If the lot of seed is a mixture consisting of one predominant
kind of seed or a group of kinds of similar size, the weight of the
working sample shall be the weight shown in column 1 of table 1 of this
section for the kind or group of kinds that comprises more than 50
percent of the sample.
(ii) If the lot of seed is a mixture consisting of two or more
kinds or groups of kinds of different sizes, none of which comprises
over 50 percent of the sample, the weight of the working sample shall
be the weighted average (to the nearest half gram) of the weight shown
in column 1 of table 1 of this section for each of the kinds that
comprise the sample, as determined by the following method:
(A) Multiply the percentage of each component of the mixture
(rounded off to the nearest whole number) by the sample sizes shown in
column 1 of table 1 of this section;
(B) add all these products;
(C) total the percentages of all components of the mixtures; and
(D) divide the sum in paragraph (a)(1)(ii)(B) of this section by
the total in paragraph (a)(1)(ii)(C) of this section.
(2) It is not ordinarily practical to sample and test small lots of
seed offered for entry. The maximum sizes of lots of each kind of seed
not ordinarily sampled are shown in column 2 of table 1 of this
section.
(3) The maximum sizes of lots of each kind of seed allowed entry
without sampling for sowing for experimental or breeding purposes as
provided in Sec. 361.4(a)(4) are shown in column 3 of table 1 of this
section.
Table 1
Maximum weight
of seed lot
permitted
Working weight Maximum weight entry for
for noxious of seed lot experimental
Name of seed weed not ordinarily or breeding
examination sampled purposes
(grams) (pounds) without
sampling
(pounds)
(1) (2) (3)
----------------------------------------------------------------------------------------------------------------
VEGETABLE SEED
Artichoke....................................................... 500 25 50
Asparagus....................................................... 500 25 50
Asparagusbean................................................... 500 25 50
Bean............................................................ .............. 25 200
garden...................................................... 500 100 500
lima........................................................ 500 25 200
runner...................................................... 500 25 200
Beet............................................................ 300 25 50
Broadbean....................................................... 500 25 200
Broccoli........................................................ 50 5 10
Brussels sprouts................................................ 50 5 10
Burdock, great.................................................. 150 10 50
Cabbage......................................................... 50 5 10
Cabbage, Chinese................................................ 50 5 10
Cabbage, tronchuda.............................................. 100 5 10
Cantaloupe (see Melon)..........................................
Cardoon......................................................... 500 25 50
Carrot.......................................................... 50 5 10
Cauliflower..................................................... 50 5 10
Celeriac........................................................ 25 5 10
Celery.......................................................... 25 5 10
Chard, Swiss.................................................... 300 25 50
Chicory......................................................... 50 5 10
Chives.......................................................... 50 5 10
Citron.......................................................... 500 25 50
Collards........................................................ 50 5 10
Corn, sweet..................................................... 500 25 200
Cornsalad....................................................... 50 5 10
Cowpea.......................................................... 500 25 200
Cress, garden................................................... 50 5 10
Cress, upland................................................... 35 5 10
Cress, water.................................................... 25 5 10
Cucumber........................................................ 500 25 50
[[Page 51804]]
Dandelion....................................................... 35 5 10
Dill............................................................ 50 5 10
Eggplant........................................................ 50 5 10
Endive.......................................................... 50 5 10
Gherkin, West India............................................. 160 25 50
Kale............................................................ 50 5 10
Kale, Chinese................................................... 50 5 10
Kale, Siberian.................................................. 80 5 10
Kohlrabi........................................................ 50 5 10
Leek............................................................ 50 5 10
Lettuce......................................................... 50 5 10
Melon........................................................... 500 25 50
Mustard, India.................................................. 50 25 100
Mustard, spinach................................................ 50 5 10
Okra............................................................ 500 25 50
Onion........................................................... 50 5 10
Onion, Welsh.................................................... 50 5 10
Pak-choi........................................................ 50 5 10
Parsley......................................................... 50 5 10
Parsnip......................................................... 50 5 10
Pea............................................................. 500 25 200
Pepper.......................................................... 150 5 10
Pumpkin......................................................... 500 25 50
Radish.......................................................... 300 25 50
Rhubarb......................................................... 300 5 10
Rutabaga........................................................ 50 5 10
Sage............................................................ 150 25 50
Salsify......................................................... 300 25 50
Savory, summer.................................................. 35 5 10
Sorrel.......................................................... 35 5 10
Soybean......................................................... 500 25 200
Spinach......................................................... 150 25 50
Spinach, New Zealand............................................ 500 25 50
Squash.......................................................... 500 25 50
Tomato.......................................................... 50 5 10
Tomato, husk.................................................... 35 5 10
Turnip.......................................................... 50 5 10
Watermelon...................................................... 500 25 50
AGRICULTURAL SEED
Agrotricum...................................................... 500 100 500
Alfalfa......................................................... 50 25 100
Alfilaria....................................................... 50 25 100
Alyceclover..................................................... 50 25 100
Bahiagrass...................................................... 50 25 100
Barrelclover.................................................... 100 25 100
Barley.......................................................... 500 100 500
Bean, adzuki.................................................... 500 100 500
Bean, field..................................................... 500 100 500
Bean, mung...................................................... 500 100 500
Bean (see Velvetbean)...........................................
Beet, field..................................................... 500 100 500
Beet, sugar..................................................... 500 100 1,000
Beggarweed...................................................... 50 25 100
Bentgrass, colonial............................................. 2.5 25 100
Bentgrass, creeping............................................. 2.5 25 100
Bentgrass, velvet............................................... 2.5 25 100
Bermudagrass.................................................... 10 25 100
Bermudagrass, giant............................................. 10 25 100
Bluegrass, annual............................................... 10 25 100
Bluegrass, bulbous.............................................. 40 25 100
Bluegrass, Canada............................................... 5 25 100
Bluegrass, glaucantha........................................... 10 25 100
[[Page 51805]]
Bluegrass, Kentucky............................................. 10 25 100
Bluegrass, Nevada............................................... 10 25 100
Bluegrass, rough................................................ 5 25 100
Bluegrass, Texas................................................ 10 25 100
Bluegrass, wood................................................. 5 25 100
Bluejoint....................................................... 5 25 100
Bluestem, big................................................... 70 25 100
Bluestem, little................................................ 50 25 100
Bluestem, sand.................................................. 100 25 100
Bluestem, yellow................................................ 10 25 100
Bottlebrush-squirreltail........................................ 90 25 100
Brome, field.................................................... 50 25 100
Brome, meadow................................................... 130 25 100
Brome, mountain................................................. 200 25 100
Brome, smooth................................................... 70 25 100
Broomcorn....................................................... 400 100 500
Buckwheat....................................................... 500 100 500
Buffalograss:
(burs)...................................................... 200 25 100
(caryopses)................................................. 30 25 100
Buffelgrass:
(fascicles)................................................. 66 25 100
(caryopses)................................................. 20 25 100
Burclover, California:
(in bur).................................................... 500 100 500
(out of bur)................................................ 70 25 100
Burclover, spotted:
(in bur).................................................... 500 100 500
(out of bur)................................................ 50 25 100
Burnet, little.................................................. 250 25 100
Buttonclover.................................................... 70 25 100
Canarygrass..................................................... 200 25 100
Canarygrass, reed............................................... 20 25 100
Carpetgrass..................................................... 10 25 100
Castorbean...................................................... 500 100 500
Chess, soft..................................................... 50 25 100
Chickpea........................................................ 500 100 500
Clover, alsike.................................................. 20 25 100
Clover, arrowleaf............................................... 40 25 100
Clover, berseem................................................. 50 25 100
Clover, cluster................................................. 10 25 100
Clover, crimson................................................. 100 25 100
Clover, Kenya................................................... 20 25 100
Clover, Ladino.................................................. 20 25 100
Clover, Lappa................................................... 20 25 100
Clover, large hop............................................... 10 25 100
Clover, Persian................................................. 20 25 100
Clover, red..................................................... 50 25 100
Clover, rose.................................................... 70 25 100
Clover, small hop:
(suckling).................................................. 20 25 100
Clover, strawberry.............................................. 50 25 100
Clover, sub:
(subterranean).............................................. 250 25 100
Clover, white................................................... 20 25 100
Corn, field..................................................... 500 100 1,000
Corn, pop....................................................... 500 100 1,000
Cotton.......................................................... 500 100 500
Cowpea.......................................................... 500 100 500
Crambe.......................................................... 250 25 100
Crested dogtail................................................. 20 25 100
Crotalaria, lance............................................... 70 25 100
Crotalaria, showy............................................... 250 25 100
[[Page 51806]]
Crotalaria, slenderleaf......................................... 100 25 100
Crotalaria, striped............................................. 100 25 100
Crotalaria, Sunn................................................ 500 25 100
Crownvetch...................................................... 100 25 100
Dallisgrass..................................................... 40 25 100
Dichondra....................................................... 50 25 100
Dropseed, sand.................................................. 2.5 25 100
Emmer........................................................... 500 100 500
Fescue, Chewings................................................ 30 25 100
Fescue, hair.................................................... 10 25 100
Fescue, hard.................................................... 20 25 100
Fescue, meadow.................................................. 50 25 100
Fescue, red..................................................... 30 25 100
Fescue, sheep................................................... 20 25 100
Fescue, tall.................................................... 50 25 100
Flax............................................................ 150 25 100
Galletagrass:
(other than caryopses)...................................... 100 25 100
(caryopses)................................................. 50 25 100
Grama, blue..................................................... 20 25 100
Grama, side-oats:
(other than caryopses)...................................... 60 25 100
(caryopses)................................................. 20 25 100
Guar............................................................ 500 25 100
Guineagrass..................................................... 20 25 100
Hardinggrass.................................................... 30 25 100
Hemp............................................................ 500 100 500
Indiangrass, yellow............................................. 70 25 100
Indigo, hairy................................................... 70 25 100
Japanese lawngrass.............................................. 20 25 100
Johnsongrass.................................................... 100 25 100
Kenaf........................................................... 500 100 500
Kochia, forage.................................................. 20 25 100
Kudzu........................................................... 250 25 100
Lentil.......................................................... 500 25 100
Lespedeza, Korean............................................... 50 25 100
Lespedeza, sericea or Chinese................................... 30 25 100
Lespedeza, Siberian............................................. 30 25 100
Lespedeza, striate.............................................. 50 25 100
Lovegrass, sand................................................. 10 25 100
Lovegrass, weeping.............................................. 10 25 100
Lupine, blue.................................................... 500 100 500
Lupine, white................................................... 500 100 500
Lupine, yellow.................................................. 500 100 500
Manilagrass..................................................... 20 25 100
Meadow foxtail.................................................. 30 25 100
Medick, black................................................... 50 25 100
Milkvetch....................................................... 90 25 100
Millet, browntop................................................ 80 25 100
Millet, foxtail................................................. 50 25 100
Millet, Japanese................................................ 90 25 100
Millet, pearl................................................... 150 25 100
Millet, proso................................................... 150 25 100
Molassesgrass................................................... 5 25 100
Mustard, black.................................................. 20 25 100
Mustard, India.................................................. 50 25 100
Mustard, white.................................................. 150 25 100
Napiergrass..................................................... 50 25 100
Needlegrass, green.............................................. 70 25 100
Oat............................................................. 500 100 500
Oatgrass, tall.................................................. 60 25 100
Orchardgrass.................................................... 30 25 100
Panicgrass, blue................................................ 20 25 100
[[Page 51807]]
Panicgrass, green............................................... 20 25 100
Pea, field...................................................... 500 100 500
Peanut.......................................................... 500 100 500
Poa trivialis (see bluegrass, rough)
Rape, annual.................................................... 70 25 100
Rape, bird...................................................... 70 25 100
Rape, turnip.................................................... 50 25 100
Rape, winter.................................................... 100 25 100
Redtop.......................................................... 2.5 25 100
Rescuegrass..................................................... 200 25 100
Rhodesgrass..................................................... 10 25 100
Rice............................................................ 500 100 500
Ricegrass, Indian............................................... 70 25 100
Roughpea........................................................ 500 100 500
Rye............................................................. 500 100 500
Rye, mountain................................................... 280 25 100
Ryegrass, annual................................................ 50 25 100
Ryegrass, intermediate.......................................... 80 25 100
Ryegrass, perennial............................................. 50 25 100
Ryegrass, Wimmera............................................... 50 25 100
Safflower....................................................... 500 100 500
Sagewort, Louisiana............................................. 5 25 100
Sainfoin........................................................ 500 100 500
Saltbush, fourwing.............................................. 150 25 100
Seasame......................................................... 70 25 100
Sesbania........................................................ 250 25 100
Smilo........................................................... 20 25 100
Sorghum......................................................... 500 100 1,000
Sorghum almum................................................... 150 25 100
Sorghum-sudangrass hybrid....................................... 500 100 1,000
Sorgrass........................................................ 150 25 100
Sourclover...................................................... 50 25 100
Soybean......................................................... 500 100 500
Spelt........................................................... 500 100 500
Sudangrass...................................................... 250 25 100
Sunflower....................................................... 500 100 500
Sweetclover, white.............................................. 50 25 100
Sweetclover, yellow............................................. 50 25 100
Sweet vernalgrass............................................... 20 25 100
Sweetvetch, northern............................................ 190 25 100
Switchgrass..................................................... 40 25 100
Timothy......................................................... 10 25 100
Timothy, turf................................................... 10 25 100
Tobacco......................................................... 5 1 1
Trefoil, big.................................................... 20 25 100
Trefoil, birdsfoot.............................................. 30 25 100
Triticale....................................................... 500 100 500
Vaseygrass...................................................... 30 25 100
Veldtgrass...................................................... 40 25 100
Velvetbean...................................................... 500 100 500
Velvetgrass..................................................... 10 25 100
Vetch, common................................................... 500 100 500
Vetch, hairy.................................................... 500 100 500
Vetch, Hungarian................................................ 500 100 500
Vetch, Monantha................................................. 500 100 500
Vetch, narrowleaf............................................... 500 100 500
Vetch, purple................................................... 500 100 500
Vetch, woolypod................................................. 500 100 500
Wheat, common................................................... 500 100 500
Wheat, club..................................................... 500 100 500
Wheat, durum.................................................... 500 100 500
Wheat, Polish................................................... 500 100 500
Wheat, poulard.................................................. 500 100 500
[[Page 51808]]
Wheat x Agrotricum.............................................. 500 100 500
Wheatgrass, beardless........................................... 80 25 100
Wheatgrass, fairway crested..................................... 40 25 100
Wheatgrass, standard crested.................................... 50 25 100
Wheatgrass, intermediate........................................ 150 25 100
Wheatgrass, pubescent........................................... 150 25 100
Wheatgrass, Siberian............................................ 50 25 100
Wheatgrass, slender............................................. 70 25 100
Wheatgrass, streambank.......................................... 50 25 100
Wheatgrass, tall................................................ 150 25 100
Wheatgrass, western............................................. 100 25 100
Wildrye, basin.................................................. 80 25 100
Wild-rye, Canada................................................ 110 25 100
Wild-rye, Russian............................................... 60 25 100
Zoysia Japonica (see Japanese lawngrass).
Zoysia matrella (see Manilagrass).
----------------------------------------------------------------------------------------------------------------
(b) Method of sampling. (1) When an importation consists of more
than one lot, each lot shall be sampled separately.
(2) For lots of six or fewer bags, each bag shall be sampled. A
total of at least five trierfuls shall be taken from the lot.
(3) For lots of more than six bags, five bags plus at least 10
percent of the number of bags in the lot shall be sampled. (Round off
numbers with decimals to the nearest whole number, raising 0.5 to the
next whole number.) Regardless of the lot size, it is not necessary to
sample more than 30 bags.
(4) When the lot of seed to be sampled is comprised of seed in
small containers that cannot practically be sampled as described in
paragraph (b)(2) or (b)(3) of this section, entire unopened containers
may be taken in sufficient number to supply a sample that meets the
minimum size requirements of paragraph (a)(1) of this section.
(c) Drawing samples. Samples will not be drawn unless each
container is labeled to show the lot designation and the name of the
kind and variety of each agricultural seed, or kind and variety of each
vegetable seed, appearing on the invoice and other entry papers, and a
declaration has been filed by the importer as required under
Sec. 361.2(a). In order to secure a representative sample, an APHIS
inspector will draw equal portions from evenly distributed parts of the
quantity of seed to be sampled; the APHIS inspector, therefore, must be
given access to all parts of that quantity.
(1) For free-flowing seed in bags or in bulk, a probe or trier
shall be used. For small free-flowing seed in bags, a probe or trier
long enough to sample all portions of the bag shall be used. When
drawing more than one trierful of seed from a bag, a different path
through the seed shall be used when drawing each sample.
(2) For non-free-flowing seed in bags or bulk that may be difficult
to sample with a probe or trier, samples shall be obtained by thrusting
one's hand into the seed and withdrawing representative portions. The
hand shall be inserted in an open position with the fingers held
closely together while the hand is being inserted and the portion
withdrawn. When more than one handful is taken from a bag, the handfuls
shall be taken from well-separated points.
(3) When more than one sample is drawn from a single lot, the
samples may be combined into a composite sample unless it appears that
the quantity of seed represented as a lot is not of uniform quality, in
which case the separate samples shall be forwarded together, but
without being combined into a composite sample.
(d) In most cases, samples will be drawn and examined by an APHIS
inspector at the port of first arrival. The APHIS inspector may release
a shipment if no contaminants are found and the labeling is sufficient.
If contaminants are found or the labeling of the seed is insufficient,
the APHIS inspector may forward the sample to the USDA Seed Examination
Facility (SEF), Beltsville, MD, for analysis, testing, or examination.
APHIS will notify the owner or consignee of the seed that samples have
been drawn and forwarded to the SEF and that the shipment must be held
intact pending a decision by APHIS as to whether the seed is within the
noxious weed seed tolerances of Sec. 361.6 and is accurately labeled.
If the decision pending is with regard to the noxious weed seed content
of the seed and the seed has been determined to be accurately labeled,
the seed may be released for delivery to the owner or consignee under
the following conditions:
(1) The owner or consignee executes with Customs either a Customs
single-entry bond or a Customs term bond, as appropriate, in such
amount as is prescribed by applicable Customs regulations;
(2) The bond must contain a condition for the redelivery of the
seed or any part thereof upon demand of the Port Director of Customs at
any time;
(3) Until the seed is approved for entry upon completion of APHIS'
examination, the seed must be kept intact and not tampered with in any
way, or removed from the containers except under the supervision of an
APHIS inspector; and
(4) The owner or consignee must keep APHIS informed as to the
location of the seed until it is finally entered into the commerce of
the United States.
Sec. 361.6 Noxious weed seeds.
(a) Seeds of the plants listed in paragraphs (a)(1) and (a)(2) of
this
[[Page 51809]]
section shall be considered noxious weed seeds.
(1) Seeds with no tolerances applicable to their introduction:
Aeginetia spp.
Ageratina adenophora (Sprengel) King & Robinson
Alectra spp.
Alternanthera sessilis (L.) R. Brown ex de Candolle
Asphodelus fistulosus L.
Avena sterilis L. (including Avena ludoviciana Durieu)
Azolla pinnata R. Brown
Borreria alata (Aublet) de Candolle
Carthamus oxyacantha M. Bieberstein
Chrysopogon aciculatus (Retzius) Trinius
Commelina benghalensis L.
Crupina vulgaris Cassini
Cuscuta spp.
Digitaria abyssinica (=D. scalarum)
Digitaria velutina (Forsskal) Palisot de Beauvois
Drymaria arenarioides Humboldt & Bonpland ex Roemer & Schultes
Eichhornia azurea (Swartz) Kunth
Emex australis Steinheil
Emex spinosa (L.) Campdera
Galega officinalis L.
Heracleum mantegazzianum Sommier & Levier
Hydrilla verticillata (Linnaeus f.) Royle
Hygrophila polysperma T. Anderson
Imperata brasiliensis Trinius
Imperata cylindrica (L.) Raeuschel
Ipomoea aquatica Forsskal
Ipomoea triloba L.
Ischaemum rugosum Salisbury
Lagarosiphon major (Ridley) Moss
Leptochloa chinensis (L.) Nees
Limnophila sessiliflora (Vahl) Blume
Lycium ferocissimum Miers
Melaleuca quinquenervia (Cav.) Blake
Melastoma malabathricum L.
Mikania cordata (Burman f.) B. L. Robinson
Mikania micrantha Humboldt, Bonpland, & Kunth
Mimosa invisa Martius
Mimosa pigra L. var. pigra
Monochoria hastata (L.) Solms-Laubach
Monochoria vaginalis (Burman f.) C. Presl
Nassella trichotoma (Nees) Hackel ex Arechavaleta
Opuntia aurantiaca Lindley
Orobanche spp.
Oryza longistaminata A. Chevalier & Roehrich
Oryza punctata Kotschy ex Steudel
Oryza rufipogon Griffith
Ottelia alismoides (L.) Pers.
Paspalum scrobiculatum L.
Pennisetum clandestinum Hochstetter ex Chiovenda
Pennisetum macrourum Trinius
Pennisetum pedicellatum Trinius
Pennisetum polystachion (L.) Schultes
Prosopis alapataco R. A. Philippi
Prosopis argentina Burkart
Prosopis articulata S. Watson
Prosopis burkartii Munoz
Prosopis caldenia Burkart
Prosopis calingastana Burkart
Prosopis campestris Grisebach
Prosopis castellanosii Burkart
Prosopis denudans Bentham
Prosopis elata (Burkart) Burkart
Prosopis farcta (Solander ex Russell) Macbride
Prosopis ferox Grisebach
Prosopis fiebrigii Harms
Prosopis hassleri Harms
Prosopis humilis Gillies ex Hooker & Arnott
Prosopis kuntzei Harms
Prosopis pallida (Humboldt & Bonpland ex Willdenow) Humboldt,
Bonpland, & Kunth
Prosopis palmeri S. Watson
Prosopis reptans Bentham var. reptans
Prosopis rojasiana Burkart
Prosopis ruizlealii Burkart
Prosopis ruscifolia Grisebach
Prosopis sericantha Gillies ex Hooker & Arnott
Prosopis strombulifera (Lamarck) Bentham
Prosopis torquata (Cavanilles ex Lagasca y Segura) de Candolle
Rottboellia cochinchinensis (Lour.) Clayon (=R. exaltata (L.) L.
f.)
Rubus fruticosus L. (complex)
Rubus moluccanus L.
Saccharum spontaneum L.
Sagittaria sagittifolia L.
Salsola vermiculata L.
Salvinia auriculata Aublet
Salvinia biloba Raddi
Salvinia herzogii de la Sota
Salvinia molesta D.S. Mitchell
Setaria pallide-fusca (Schumacher) Stapf & Hubbard
Solanum torvum Swartz
Solanum viarum Dunal
Sparganium erectum L.
Striga spp.
Tridax procumbens L.
Urochloa panicoides Beauvois
(2) Seeds with tolerances applicable to their introduction:
Acroptilon repens (L.) DC. (=Centaurea repens L.) (=Centaurea
picris)
Cardaria draba (L.) Desv.
Cardaria pubescens (C. A. Mey.) Jarmol.
Convolvulus arvensis L.
Cirsium arvense (L.) Scop.
Elytrigia repens (L.) Desv. (=Agropyron repens (L.) Beauv.)
Euphorbia esula L.
Sonchus arvensis L.
Sorghum halepense (L.) Pers.
(b) The tolerance applicable to the prohibition of the noxious weed
seeds listed in paragraph (a)(2) of this section shall be two seeds in
the minimum amount required to be examined as shown in column 1 of
table 1 of Sec. 361.5. If fewer than two seeds are found in an initial
examination, the shipment from which the sample was drawn may be
imported. If two seeds are found in an initial examination, a second
sample must be examined. If two or fewer seeds are found in the second
examination, the shipment from which the samples were drawn may be
imported. If three or more seeds are found in the second examination,
the shipment from which the samples were drawn may not be imported. If
three or more seeds are found in an initial examination, the shipment
from which the sample was drawn may not be imported.
(c) Any seed of any noxious weed that can be determined by visual
inspection (including the use of transmitted light or dissection) to be
within one of the following categories shall be considered inert matter
and not counted as a weed seed:
(1) Damaged seed (other than grasses) with over one half of the
embryo missing;
(2) Grass florets and caryopses classed as inert:
(i) Glumes and empty florets of weedy grasses;
(ii) Damaged caryopses, including free caryopses, with over one-
half the root-shoot axis missing (the scutellum excluded);
(iii) Immature free caryopses devoid of embryo or endosperm;
(iv) Free caryopses of quackgrass (Elytrigia repens) that are 2 mm
or less in length; or
(v) Immature florets of quackgrass (Elytrigia repens) in which the
caryopses are less than one-third the length of the palea. The
caryopsis is measured from the base of the rachilla.
(3) Seeds of legumes (Fabaceae) with the seed coats entirely
removed.
(4) Immature seed units, devoid of both embryo and endosperm, such
as occur in (but not limited to) the following plant families:
buckwheat (Polygonaceae), morning glory (Convolvulaceae), nightshade
(Solanaceae), and sunflower (Asteraceae).
(5) Dodder (Cuscuta spp.) seeds devoid of embryos and seeds that
are ashy gray to creamy white in color are inert matter. Dodder seeds
should be sectioned when necessary to determine if an embryo is
present, as when the seeds have a normal color but are slightly
swollen, dimpled, or have minute holes.
[[Page 51810]]
Sec. 361.7 Special provisions for Canadian-origin seed and screenings.
(a) In addition to meeting the declaration and labeling
requirements of Sec. 361.2 and all other applicable provisions of this
part, all Canadian-origin agricultural seed and Canadian-origin
vegetable seed offered for entry into the United States from Canada for
seeding (planting) purposes or cleaning must be accompanied by a
certificate of analysis issued by Agriculture and Agri-Food Canada or
by a private seed laboratory accredited by Agriculture and Agri-Food
Canada. Samples of seed shall be drawn using sampling methods
comparable to those detailed in Sec. 361.5 of this part. The seed
analyst who examines the seed at the laboratory must be accredited to
analyze the kind of seed covered by the certificate.
(1) If the seed is being imported for seeding (planting) purposes,
the certificate of analysis must verify that the seed meets the noxious
weed seed tolerances of Sec. 361.6. Such seed will not be subject to
the sampling requirements of Sec. 361.3(b).
(2) If the seed is being imported for cleaning, the certificate of
analysis must name the kinds of noxious weed seeds that are to be
removed from the lot of seed. Seed being imported for cleaning must be
consigned to a facility operated in accordance with Sec. 361.8(a).
(b) Coated or pelleted agricultural seed and coated or pelleted
vegetable seed of Canadian origin may be imported into the United
States if the seed was analyzed prior to being coated or pelleted and
is accompanied by a certificate of analysis issued in accordance with
paragraph (a) of this section.
(c) Screenings otherwise prohibited under this part may be imported
from Canada if the screenings are imported for processing or
manufacture and are consigned to a facility operating under a
compliance agreement as provided by Sec. 361.8(b).
Sec. 361.8 Cleaning of imported seed and processing of certain
Canadian-origin screenings.
(a) Imported seed that is found to contain noxious weed seeds at a
level higher than the tolerances set forth in Sec. 361.6(b) may be
cleaned under the supervision of an APHIS inspector. The cleaning will
be at the expense of the owner or consignee.
(1) At the location where the seed is being cleaned, the identity
of the seed must be maintained at all times to the satisfaction of the
Administrator. The refuse from the cleaning must be placed in
containers and securely sealed and identified. Upon completion of the
cleaning, a representative sample of the seed will be analyzed by a
registered seed technologist, an official seed analyst, or by APHIS; if
the seed is found to be within the noxious weed tolerances set forth in
Sec. 361.6(b), the seed may be allowed entry into the United States;
(2) The refuse from the cleaning must be destroyed under the
supervision of an APHIS inspector at the expense of the owner or
consignee of the seed.
(3) Any person engaged in the business of cleaning imported seed
may enter into a compliance agreement under paragraph (c) of this
section to facilitate the cleaning of seed imported into the United
States under this part.
(b) Any person engaged in the business of processing screenings who
wishes to process screenings imported from Canada under Sec. 361.7(c)
that are otherwise prohibited under this part must enter into a
compliance agreement under paragraph (c) of this section.
(c) A compliance agreement for the cleaning of imported seed or
processing of otherwise prohibited screenings from Canada shall be a
written agreement 1 between a person engaged in such a business,
the State in which the business operates, and APHIS, wherein the person
agrees to comply with the provisions of this part and any conditions
imposed pursuant thereto. Any compliance agreement may be canceled
orally or in writing by the APHIS inspector who is supervising its
enforcement whenever the inspector finds that the person who entered
into the compliance agreement has failed to comply with the provisions
of this part or any conditions imposed pursuant thereto. If the
cancellation is oral, the decision and the reasons for the decision
shall be confirmed in writing, as promptly as circumstances permit. Any
person whose compliance agreement has been canceled may appeal the
decision to the Administrator, in writing, within 10 days after
receiving written notification of the cancellation. The appeal shall
state all of the facts and reasons upon which the person relies to show
that the compliance agreement was wrongfully canceled. The
Administrator shall grant or deny the appeal, in writing, stating the
reasons for such decision, as promptly as circumstances permit. If
there is a conflict as to any material fact, a hearing shall be held to
resolve such conflict. Rules of practice concerning such a hearing will
be adopted by the Administrator.
---------------------------------------------------------------------------
\1\ Compliance Agreement forms are available without charge
from Permit Unit, PPQ, APHIS, 4700 River Road Unit 136, Riverdale,
MD 20737-1236, and from local offices of the Plant Protection and
Quarantine. (Local offices are listed in telephone directories).
---------------------------------------------------------------------------
Sec. 361.9 Recordkeeping.
(a) Each person importing agricultural seed or vegetable seed under
this part must maintain a complete record, including copies of the
declaration and labeling required under this part and a sample of seed,
for each lot of seed imported. Except for the seed sample, which may be
discarded 1 year after the entire lot represented by the sample has
been disposed of by the person who imported the seed, the records must
be maintained for 3 years following the importation.
(b) Each sample of vegetable seed and each sample of agricultural
seed must be at least equal in weight to the sample size prescribed for
noxious weed seed examination in table 1 of Sec. 361.4.
(c) An APHIS inspector shall, during normal business hours, be
allowed to inspect and copy the records.
Sec. 361.10 Costs and charges.
Unless a user fee is payable under Sec. 354.3 of this chapter, the
services of an APHIS inspector during regularly assigned hours of duty
and at the usual places of duty will be furnished without cost. The
U.S. Department of Agriculture's provisions relating to overtime
charges for an APHIS inspector's services are set forth in part 354 of
this chapter. The U.S. Department of Agriculture will not be
responsible for any costs or charges incident to inspections or
compliance with this part, other than for the services of the APHIS
inspector during regularly assigned hours of duty and at the usual
places of duty. All expenses incurred by the U.S. Department of
Agriculture (including travel, per diem or subsistence, and salaries of
officers or employees of the Department) in connection with the
supervision of cleaning, labeling, other reconditioning, or destruction
of seed, screenings, or refuse under this part shall be reimbursed by
the owner or consignee of the seed or screenings.
Done in Washington, DC, this 30th day of September 1996.
A. Strating,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-25502 Filed 10-3 -96; 8:45 am]
BILLING CODE 3410-34-P