[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]


 ========================================================================
 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.
 
 ========================================================================
 

  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.

-----------------------------------------------------------------------

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.
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    \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).
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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