[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Proposed Rules]
[Pages 4603-4614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00400]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 /
Proposed Rules
[[Page 4603]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 201 and 202
[Doc. No. AMS-ST-19-0039]
Revisions to the Federal Seed Act Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Agricultural Marketing Service (AMS) invites comments on
proposed revisions to regulations that implement the Federal Seed Act
(FSA). The proposals include revisions to seed labeling, testing, and
certification requirements. The proposed revisions would add certain
seed species to the lists of covered kinds of seed and update the lists
to reflect current scientific nomenclature; update regulations related
to seed quality, germination and purity standards, and acceptable seed
testing methods; and update seed certification and recertification
requirements, including new eligibility standards and the recognition
of current breeding techniques. AMS intends to align FSA regulations
with current industry practices, harmonize FSA testing methods with
industry standards, and clarify confusing or contradictory language in
the existing regulations. AMS expects the proposed revisions to reduce
trade burden associated with interstate seed commerce and encourage
compliance with State and Federal laws.
DATES: Comments must be received by March 27, 2020.
ADDRESSES: Interested persons are invited to submit comments on this
proposed rulemaking. All comments must be submitted electronically
through the e-rulemaking portal at http://www.regulations.gov, and
should reference the document number, date, and page number of this
issue of the Federal Register. All comments submitted in response to
this proposed rule will be included in the rulemaking record and will
be made available to the public. Please be advised that the identity of
the individuals or entities submitting comments will be made public on
the internet at the address provided above.
FOR FURTHER INFORMATION CONTACT: Ernest Allen, Director, Seed
Regulatory and Testing Division, Science and Technology Program, AMS,
USDA; 801 Summit Crossing Place, Suite C, Gastonia, NC 28054, USA;
telephone: 704-810-8884; email [email protected].
SUPPLEMENTARY INFORMATION: The FSA (7 U.S.C. 1551-1611) regulates
interstate and foreign commerce of planting seeds for agricultural and
gardening purposes. The FSA requires seeds to meet certain germination
rate, purity, and certification standards. Under the FSA, seeds must be
truthfully labeled with specific quality information. As well, the FSA
requires all persons shipping agricultural seed in interstate commerce
to maintain records of seed variety, origin, treatment, germination,
and purity. Regulations established under the FSA (7 CFR part 201)
(regulations) implement the requirements of the FSA and are
administered by AMS.
From time to time, AMS finds it necessary to update the regulations
to reflect current industry standards and practices and to remove
obsolete references. AMS last updated the regulations in 2011 (76 FR
31790). AMS met with representatives of major seed industry stakeholder
organizations in February 2019 to discuss possible revisions to make
the regulations more reflective of current industry practices and
updated testing methods. Based on stakeholder input, the Seed
Regulatory and Testing Division of AMS's Science and Technology Program
initiated this proposed action to update the regulations.
AMS proposes to update the lists of which seed kinds are covered by
the regulations and revise the names of several agricultural and
vegetable seeds to provide updated scientific nomenclature. AMS
proposes further to revise the definitions of other terms used in the
regulations to provide greater clarity for regulated entities. Other
revisions in this proposed rule would update the seed labeling,
testing, and certification requirements to reflect revised terminology,
as well as the evolution of industry practices. Finally, AMS is
proposing several revisions of an administrative nature to correct
misspellings and other errors in the regulations. Specific proposals
are addressed below.
Proposals
Nomenclature
The regulations specify the kinds of agricultural and vegetable
seed that are subject to regulation. AMS proposes to revise the list of
agricultural seed covered by the regulation in Sec. 201.2(h) by adding
camelina, radish, and teff to the list. The proposed revisions would
add radish to the list of seed kinds for which the variety is required
on the label in Sec. 201.10(a); add camelina, radish, and teff to the
list of seed kinds for which sample weights are specified in Table 1 to
Sec. 201.46(d)(2)(iii); add camelina, radish, and teff to the list of
seed kinds for which germination requirements are specified in Table 2
to Sec. 201.58(c)(3); add teff to the list of seed kinds for which
purity percentage tolerances are increased in Sec. 201.60(a)(1); and
add camelina, chickpea, hemp, radish, and sunn hemp to the list of seed
kinds for which standards related to certification are specified in
Table 5 to Sec. 201.76.
To assure clear market communication about seeds, the regulations
use the Latin scientific names assigned to plants in the International
Code of Nomenclature for Cultivated Plants \1\ and recognized
throughout the world. Occasionally, the International Union of
Biological Science's International Commission for the Nomenclature of
Cultivated Plants revises those scientific names. This proposed rule
would further revise Sec. 201.2(h) by updating the scientific names
for 15 agricultural seed kinds already on the list (big bluestem,
mountain brome, buffalograss, crambe, galletagrass, guineagrass, forage
kochia, browntop millet, pearl millet, napiergrass, green needlegrass,
green panicgrass, bird rape, turnip rape, and smilo), and by adding
another common name for sunn crotalaria, one of the kinds already on
the list. The proposed rule would also update the scientific
[[Page 4604]]
name for tomato, which is on the list of vegetable seed kinds in Sec.
201.2(i). Such changes would align regulatory language with current
terminology and nomenclature recognized in the industry.
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\1\ The International Code of Nomenclature for Cultivated Plants
(ICNCP or Cultivated Plant Code), published by the International
Society for Horticultural Science. The ICNCP was most recently
updated in 2016.
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Other sections of the regulations reference scientific names, as
well. AMS proposes to update those references by revising the
scientific names for quackgrass in Sec. 201.17(a); buffalograss,
sunflower, small-seeded legumes, carrot, and mint in Sec. 201.47a;
legumes and crucifers in 201.48(a); sunflower, carrot, and mint in
201.48(f); buffalograss in 201.48(g)(1); legumes in 201.51(a)(1);
quackgrass in 201.51(b)(2)(iv) and (v); sunflower in 201.51(b)(4), and
carrot in 201.56(d).
Other Terminology
Section 201.2 defines other terms used in the regulations. The
proposed rule would update some terms to reflect changes in industry
and AMS needs and processes. AMS proposes to revise the term for
``person'' in Sec. 201.2(b) to include individuals and agents to
clarify that such entities are also subject to the regulations. A
revision to Sec. 201.2(l)(1) would clarify that each person must keep
required records regarding seed treatment, including, but not limited
to, records about seed coating, film coating, encrusting, or pelleting.
The proposal would make corresponding revisions to references to
``treatment'' in Sec. 201.4(b). Proposed revisions to Sec. 201.2(p)
would clarify that seed mixtures consist of more than one kind or
variety of seed, each present in excess of 5 percent by weight of the
whole, and that combinations of more than one variety of a single kind
of seed may be referred to as ``blends.'' A proposed revision to the
definition of ``coated seed'' in Sec. 201.2(q) would exclude seeds
coated with polymers or biologicals. Proposed revisions to the term
``purity'' in Sec. 201.2(w) would remove the reference to ``crop
seed,'' and would clarify that percentages of inert matter would
include coating material, if any is present. A proposed revision to
Sec. 201.2(x) would revise the definition of ``inoculant'' to mean a
product consisting of microorganisms applied to the seed for the
purpose of enhancing the availability or uptake of plant nutrients
through the root system. Such a change would align FSA regulations with
current Environmental Protection Agency definition of a plant
inoculant,\2\ which is recognized and used by the industry. A proposed
revision would add a new term ``acceptable test'' as Sec. 201.2(nn)
and would define the term to mean any testing method described in
Sec. Sec. 201.45 through 201.66 of the regulations or any testing
method approved by the Association of Official Seed Analysts rules for
testing seed.\3\ This would clarify for regulated entities what records
they are required to maintain. Finally, the proposal would add a new
paragraph (oo) to Sec. 201.2 to define the term ``brand,'' which would
mean the words, name, symbol, number, mark, design, unique design, or
any combination of those that would distinguish the seed of one entity
from the seed of another. The term's definition would clarify its use
in Sec. 201.36b(e).
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\2\ See 40 CFR 152.6(g)(2)--EPA's definition of plant inoculant.
\3\ The Association of Official Seed Analysts (AOSA) is an
organization of state, federal, and university laboratories in the
United States and Canada. AOSA publishes a series of handbooks
related to seed testing. AOSA testing methods are comparable to AMS
seed testing methods and are considered equally acceptable for
meeting testing requirements under the regulations in 7 CFR part
201.
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Records
The FSA regulations require seed shippers to maintain records and
samples for each lot of agricultural and vegetable seed shipped in
interstate commerce. Sections 201.4 through 201.7a specify the
recordkeeping requirements related to seed origin, germination testing,
purity testing, and treatment. AMS proposes to revise Sec. Sec. 201.6
and 201.7 to clarify that complete records about germination and
purity, respectively, would include all the records of laboratory tests
considered acceptable under proposed new Sec. 201.2 (nn) described
above.
Labeling
The FSA requires each container of agricultural and vegetable seed
shipped in interstate commerce to be labeled with specific information.
For agricultural seed, the label must include, among other things, the
name of each kind of seed comprising more than 5 percent of the
contents, and for certain kinds of seed, the labels must show the
variety(ies). Currently, Sec. 201.12a of the regulations requires
mixtures of lawn and turf seed to be labeled as mixtures and requires
the name and percentage of each seed component to be listed on the
label in the order of predominance. AMS proposes to revise Sec.
201.12a by removing the reference to turf and lawn seed mixtures,
requiring all mixtures of agricultural seed for seeding or planting
purposes to be designated mixtures on the label, and requiring the
label to list each seed component on the label in order of
predominance. AMS proposes to add a similar requirement for labeling
vegetable seed mixtures by adding a new Sec. 201.26a--Vegetable Seed
Mixtures, which would require labels for mixtures of vegetable seeds to
list each seed component in order of predominance. This change would
reflect the current market practice of packaging vegetable seed
mixtures, which has not previously been addressed in the regulations.
The regulations prohibit the interstate shipment of agricultural or
vegetable seeds containing seeds or bulblets of certain noxious weeds
identified in Sec. 201.16(b). AMS proposes to revise the list of
prohibited noxious weed seed in Sec. 201.16(b) by updating the
scientific names of several species to reflect the current names
recognized in the market. Where the shipment of noxious-weed seed is
not prohibited under Sec. 201.16(b), the rate of occurrence in
agricultural seed cannot exceed the rate permitted by each State into
which the seed is shipped or reshipped, and the label must include the
rate of occurrence according to each State's requirements. (See 7 CFR
201.16(a)) AMS proposes to add a new Sec. 201.30c that would provide
similar restrictions for shipments of noxious-weed seed in vegetable
seed in containers weighing more than one pound. This addition would
support State laws regarding noxious-weed seed in vegetable seed.
Currently, Sec. 201.18 specifies that when agricultural seeds
other than the predominant kind, variety, or type named on the label
are included, they may be collectively identified as ``crop seeds'' or
``other crop seeds'' by percentage. A proposed change to Sec. 201.18
would remove the reference to ``crop seeds'' to reduce confusion about
what is in the seed. Another proposed labeling change would clarify in
Sec. 201.19 that the percentage by weight of inert matter in the seed
includes coating material, if any is present. This would allow seed
shippers to identify coating material separately from other inert
material, if desired.
Under Sec. Sec. 201.21 and 201.30, seed labels are required to
show the percentage of hard seed--seed with an impermeable seed coat
that doesn't absorb water and germinate--apart from the agricultural or
vegetable seed germination percentage. A proposed change to Sec. Sec.
201.21 and 201.30 would require labels to also show the percentage of
dormant seed--seed other than hard seed that fails to germinate under
specified conditions--apart from the germination percentage. The
proposed rule would make similar changes to the labeling requirements
for percentages of hard seed and dormant
[[Page 4605]]
seed in Sec. Sec. 201.29, 201.29a, and 201.31, which specify the
labeling of vegetable seed. These changes are necessary to reflect the
emerging industry practice of labeling dormant seed as such and
providing the percentage of dormant seed on the label. Further changes
to the heading and introductory paragraph of Sec. 201.31 would clarify
that the germination standards for vegetable seeds in interstate
commerce are minimum standards.
Currently, the regulations require seed labels to include the full
name and address of the shipper or consignee, or to show a code that
identifies the shipper. Proposed revisions to Sec. Sec. 201.23,
201.24, 201.27, and 201.28 would require the labels of both
agricultural and vegetable seed to show the full name and address of
the interstate shipper or show both a code identifying the interstate
shipper and the full name and address of the consignee. AMS intends
these proposed changes to reduce industry confusion about the labeling
requirements.
Currently, Sec. 201.31a requires seed labels to include the name
or description of any treatment applied to the seed. Paragraph (b) of
that section specifies the names that can be used to identify
substances used in seed treatments. AMS proposes to revise Sec.
201.31a(b) to clarify that active ingredient substances used in seed
treatments must be included in the label, and that biological active
ingredients should be identified by their brand names or genus and
species names.
Seed Testing
The regulations specify testing requirements for seed shipped in
interstate commerce. Seed testing methodology continues to evolve as
new equipment and processes are developed. In addition to the revisions
described earlier in this document, AMS proposes the following
revisions to the testing regulations in 7 CFR part 201 to ensure the
requirements reflect methods and procedures that have been adopted in
the industry and by AMS.
The proposal would revise the introductory text of Sec. 201.48 to
clarify that pure seed includes all seeds of each kind that are present
in excess of 5 percent by weight of the whole. Revisions to Sec.
201.48(g)(3) would remove references to chewings fescue, red fescue,
and orchardgrass from the list of species for which special purity
testing procedures are provided in Sec. 201.51a(b). Corresponding
revisions to the Table of Factors to Apply to Multiple Units in Sec.
201.51a(b)(2)(ii) would reflect the revisions to Sec. 201.48(g)(3). A
proposed revision to Sec. 201.51a(a) would add more precise
instructions relating to the Uniform Blowing Procedure used to separate
pure seed and inert matter for seed testing, and the revision would
better align the regulation with AOSA standards. A proposed revision to
Sec. 201.58(a) would clarify that if the date for a final count for
germination testing falls on a weekend or public holiday, the count
could be taken on the following work day. A proposed revision to Sec.
201.60(b)(2) would correct a reference to tolerance determinations for
``crop seeds'' to refer to tolerance determinations for ``other crop
seeds.'' A proposed revision to Sec. 201.61 would revise the title of
the table in that section to be ``Fluorescence Tolerance, Based on Test
Fluorescence (TFL)'' to clarify that the ryegrass fluorescence
tolerances shown for 400-seed fluorescence tests are based on the test
fluorescence level (TFL) calculated under Sec. 201.58a.
Currently, for seed label claims related to germination rates to be
truthful, they must incorporate the percentage of hard seed present.
AMS proposes to revise the introductory text of Sec. 201.63 to clarify
that when 400 or more seeds are tested, the amount of dormant seed in
the mix must also be considered when calculating total germination. AMS
proposes a similar revision for the introductory text and formula in
Sec. 201.64, which provide the tolerance calculation for pure live
seed.
Certification
The regulations require seed certifying agencies to meet specified
qualification standards and comply with procedures outlined in the
regulations. One such procedure provided in Sec. 201.68 requires
certifying agencies to obtain specific information from certification
applicants. AMS proposes to revise the introductory text of Sec.
201.68 to clarify that point, as the regulations as currently written
have been confusing, making it unclear that certifying agencies must
request the specified information. A further revision to Sec.
201.68(b) would require entities applying for certification to supply
information about the breeding technique(s) or reproductive
stabilization procedures used to develop the variety. This change is
necessary to recognize that different techniques are used to develop
new plant varieties.
A proposed revision to Sec. 201.70(a) would permit recertification
of seed beyond the standard two generations past the Foundation seed
generation only when neither Foundation nor Registered class seed is
being maintained. Currently, the regulations allow recertification of
Certified class seed when no Foundation seed is being maintained, even
if Registered seed is being maintained. This revision would prohibit
recertification of Certified class seeds when Registered class seed is
being maintained. Adding this restriction would preclude
recertification of Certified class seed when seed of a higher
certification class is available. AMS intends such a restriction to
prevent recertification of the class of seed most likely to have
changed over time when more stable alternatives are available. Proposed
revisions to Sec. Sec. 201.74 and 201.75 would remove the caveat that
certified seed labeling would require the variety name only if the seed
has been certified as to variety. This change would remove
contradictory or confusing language from the regulations, since all
certification is varietal.
Section 201.76 of the regulations establishes production standards
for Foundation, Registered, and Certified classes of various crop
seeds. As well as adding the five new crop kinds mentioned earlier in
the Terminology section, AMS proposes to add four explanatory footnotes
to the chart of production standards in Sec. 201.76. Proposed footnote
60 would explain that land on which certain seed is grown for
certification must not have been planted in cruciferous crops during
the previous five years, or for the previous three years if the
previous crop was of the same variety and of the same or higher
certification class. Proposed footnote 61 would explain that fields
producing any class of certified seed must be at least 50 feet from any
other variety or from fields of the same variety that do not meet the
varietal purity requirements for certification. Proposed footnote 62
would pertain to the production of sunn hemp and would explain that no
other varieties of Crotolaria species would be allowed in Foundation,
Registered, and/or Certified seed production fields. Proposed footnote
63 would explain that producers of certified seed of any class for that
crop should refer to the requirements established by certifying
agencies in the production States for applicable production standards.
AMS proposes adding these footnotes to explain specific standards for
the new crops proposed to be added to the Table in Sec. 201.76
(camelina, chickpea, hemp, radish, and sunn hemp), but most would be
generic in nature and could apply to other crops in the future, as
well.
Section 201.78 provides additional certification requirements
related to
[[Page 4606]]
pollen control for hybrids of certain crops. Paragraph (e) in section
201.78 specifies the determination of the pollen production index (PPI)
for hybrid alfalfa. Currently, paragraph (e) in section 201.78 provides
maximum PPI for various hybrids of Foundation and Certified class seed.
AMS proposes to revise Sec. 201.78(e) to provide greater specificity
about maximum PPI allowances for hybrid alfalfa that would depend on
the production method, parentage, and generation of hybrid seed being
analyzed. The industry requested this revision in response to a change
in production practices for hybrid alfalfa seed. AMS expects the
proposed revision to recognize the breadth of hybridization methods
currently used by different plant breeders.
Administrative Changes
AMS is proposing to make several revisions of an administrative
nature to the regulations to correct typographical errors and update
addresses and other references to reflect current business practices or
provide clarity. A proposed revision to Sec. 201.2(a) would replace
the reference to ``the FSA'' with the words ``the Federal Seed Act'' to
clarify the meaning of the term ``Act'' used throughout the
regulations. References to the ``Act'' would replace references to the
``act'' throughout the regulations and minor misspellings would be
corrected in several sections. A proposed revision to Sec.
201.51a(a)(3) would update the address for obtaining calibration
samples and instructions from the Seed Regulatory and Testing Division
to its current address in Gastonia, North Carolina. A proposed revision
to the entries for ``Oat'' and ``Brussels Sprouts'' in Table 2 to
paragraph (c)(3) in Sec. 201.58 would move the additional germination
directions for fresh and dormant seed into the correct table column.
Finally, AMS proposes to revise the headings for Parts 201 and 202 and
to remove an undesignated center heading in Part 201 that is no longer
needed. These changes replace references to the terms ``Rules'' or
``Regulations'' with terms that comply with Code of Federal Regulations
nomenclature conventions.
Rulemaking Analyses
Executive Orders 12866, 13563, and 13771
AMS is issuing this proposed rule in conformance with Executive
Orders 12866 and 13563, which direct agencies to assess all costs and
benefits of available regulatory alternatives and, if regulations are
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distributive impacts, and equity). Executive Order 13563
emphasizes the importance of quantifying both costs and benefits,
reducing costs, harmonizing rules, and promoting flexibility.
In the development of this proposed rule, AMS considered
alternatives, including updating only the list of regulated seed
varieties or making no changes at all. Ultimately, AMS rejected those
alternatives because many references and processes in the current
regulations are obsolete and do not reflect modern business and
industry practices. AMS believes making the proposed revisions would
best serve the industry by aligning seed species references with
internationally recognized scientific names, clarifying processes to
simplify regulatory compliance, and improving AMS's customer service.
AMS does not expect the proposed rule to provide any environmental,
public health, or safety benefits.
This rule does not meet the criteria of a significant regulatory
action under Executive Order 12866 as supplemented by Executive Order
13563. Therefore, the Office of Management and Budget (OMB) has not
reviewed this rule under those Orders. Because this rule does not meet
the criteria of a significant regulatory action, it does not trigger
the requirements in Executive Order 13771. See OMB's Memorandum titled
``Interim Guidance Implementing Section 2 of the Executive Order of
January 30, 2017, titled `Reducing Regulation and Controlling
Regulatory Costs''' (February 2, 2017).
AMS does not expect the proposed revisions to impact compliance
costs for the private sector because the industry has already adopted
the practices reflected by the proposed regulatory changes in order to
comply with State laws. AMS expects seed industry stakeholders to
benefit from the references to updated scientific nomenclature, which
provides a common language for marketing seed. Likewise, AMS expects
updating the labeling, testing, and certification requirements to
simplify compliance and facilitate the interstate marketing of seed.
AMS also expects stakeholders to benefit from streamlined AMS business
practices.
Regulatory Flexibility Act
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601 et seq.), AMS has considered the economic
impact of this action on small business entities. The affected industry
falls under the North American Industry Classification System (NAICS)
as code 54171--Research and development in the physical, engineering,
and life sciences. This classification includes firms that are not
plant breeders/plant research, however no detailed industry data was
available for the analysis.
Table 1 shows the most recent descriptive data for the industry,
obtained from the County Business Pattern 2016 survey. This data set
provides information on the number of establishments, number of
employees and total annual payroll.
Table 1--Number of Establishments, Revenue and Payroll by Employee Count, NAICS Code 54171, 2016 County Business
Patterns \4\
----------------------------------------------------------------------------------------------------------------
Number of Number of paid Annual payroll
establishments employees ($1,000)
----------------------------------------------------------------------------------------------------------------
All establishments.................................. 17,292 695,810 $82,865,611
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The Small Business Administration (SBA) determines firm size for
this industry by number of employees, but on a per firm basis, with
small firms defined as having fewer than 1,000 employees and 1,000 or
more employees per firm classified as large. Because firms may own more
than one establishment, and the County Business Patterns data are
compiled on an establishment rather than a firm basis, we must use the
Economic Census data to determine the number of small and large firms
for the industry.
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\4\ Geography Area Series: County Business Patterns by
Employment Size Class, 2016 Business Patterns, https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=BP_2016_00A3&prodType=table.
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Table 2 shows the most recent data available on the breakdown
between
[[Page 4607]]
small (<1,000 employees) and large (1,000 or more employees) firms in
this industry, according to SBA's guidance.\5\ The data are from the
2002 Economic Census, with monetary values converted to 2016 dollars.
More recent Economic Census data is not available at this level of
detail for this industry.
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\5\ ``Table of Small Business Size Standards Matched to North
American Industry Classification System Codes'', Small Business
Administration, effective January 1, 2017, https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf.
Table 2--Number of Firms and Establishments, Revenue and Payroll by Employee Count, NAICS Code 54171, 2002
Economic Census \6\
----------------------------------------------------------------------------------------------------------------
Size of firm by number of Number of Number of Number of paid Revenue * Annual payroll
employees firms establishments employees ($1,000) * ($1,000)
----------------------------------------------------------------------------------------------------------------
Small--......................... 10,200 11,753 273,601 $49,702,793 $24,780,487
Firms with fewer than 1,000
employees......................
Large--......................... 79 1,380 283,816 30,095,258 27,776,903
Firms with 1,000 employees or
more...........................
All firms....................... 10,279 13,133 557,417 79,798,051 52,557,389
----------------------------------------------------------------------------------------------------------------
* Adjusted to 2016 values.
The 2002 Economic Census reported that fewer than one percent of
firms were considered large (79 of 10,279 firms, or 0.54 percent). The
10,279 firms at that time owned a total of 13,133 establishments, with
1,380 (nearly 11 percent) of these facilities owned by the 79 large
firms.
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\6\ Professional, Scientific, and Technical Services: Subject
Series--Establishment and Firm Size: Employment Size of Firms for
the United States: 2002 Economic Census of the United States,
https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2002_US_54SSSZ5&prodType=table.
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The tables show the extent of growth in the industry over time. The
number of establishments has grown from 13,133 in 2002 to 17,292 in
2016 (32 percent, or 2.3 percent per year). Total employment increased
from 557,417 workers to 695,810 (25 percent, or 1.8 percent per year),
and total annual payroll from $52,557,389 to $82,865,611 (58 percent or
4 percent per year). These figures indicate that the industry has seen
small to moderate growth, with a more highly paid work force over time.
There do not appear to be significant changes in the structure of the
industry between 2002 and 2016. AMS expects that the size distribution
of the firms affected by these revisions is consistent with data
reported in the 2002 Economic Census. Therefore, affected firms would
mostly be considered small business entities under the criteria
established by SBA (13 CFR 121.201).
As a result of meeting with representatives of major seed industry
stakeholder organizations in February 2019, AMS is updating regulations
to reflect current industry standards and practices and to remove
obsolete references. With these revisions to the existing FSA
regulation, AMS proposes the following:
1. Update the lists of which seed kinds are covered by the
regulations and revise the names of several agricultural and vegetable
seeds to provide updated scientific nomenclature;
2. Revise the definitions of other terms used in the regulations to
provide greater clarity for regulated entities;
3. Update the seed labeling, testing, and certification
requirements to reflect revised terminology and industry practices; and
4. Correct misspellings and other errors in the regulations.
Most of the proposed revisions listed above (1, 2, and 4) are
changes in the regulations that would not impact costs to the private
sector. The third proposal listed above is expected to lower the costs
of seed testing for three grass species. The proposed revisions would
eliminate the requirement to segregate certain components of seed in
purity testing for those three species. This would reduce the number of
component separations for those species from five to four. Cost savings
are difficult to estimate. Information on the exact costs of the tests
was difficult to obtain because of the variability in seed testing fees
by third-party labs. Costs for these tests are generally based on
hourly laboratory charges and can range between $10 and $50 per test.
Without data on the breakdown of cost for each of the separations
performed in the test, it is assumed testing costs for the three
affected crops could fall by 20 percent as a result of the proposed
revisions.
The proposed revisions would ease the existing requirement to
follow test procedures according to the Federal Seed Act before
engaging in interstate commerce by allowing the use of seed testing
methods from Association of Official Seed Analysts Rules used by most
seed testing laboratories in the U.S. These revisions also expand the
time requirement of the current regulation by allowing testing to be
completed only on laboratory work days, which effectively acknowledges
the existence of weekends and holidays, eliminating the need for staff
to work or reschedule completion dates.
The burden of labeling radishes is also expected to fall, as
currently it is not considered agricultural seed under the Federal Seed
Act. Radishes are now considered only as a vegetable crop and must be
labeled by variety. Inclusion of radishes as agricultural seed under
the Act will allow the industry to exclude varieties in labeling
agricultural radish seed.
The proposed rule reduces the trade burden associated with
interstate seed commerce and encourages compliance with State and
Federal laws. AMS has determined that this action would not have a
significant negative economic impact on a substantial number of these
small business entities.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information requirements under the regulations have
been approved previously by OMB and assigned OMB No. 0581-0026. No
changes are necessary in those requirements as a result of this
proposed action. Reports and forms are periodically reviewed to reduce
information requirements and duplication by industry and public sector
agencies. Should any changes become necessary, they would be submitted
to OMB for approval.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs
[[Page 4608]]
designated this rule as not a major rule as defined by 5 U.S.C. 804(2).
E-Government Act
USDA is committed to complying with the E-Government Act (44 U.S.C.
3601, et seq.) by promoting the use of the internet and other
information technologies to provide increased opportunities for citizen
access to Government information and services, and for other purposes.
Executive Order 13175
This proposed action has been reviewed in accordance with the
requirements of Executive Order 13175--Consultation and Coordination
with Indian Tribal Governments. The review reveals that this regulation
would not have substantial and direct impacts on Tribal governments or
significant Tribal implications.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. It is not intended to have retroactive effect.
There are no administrative procedures that must be exhausted prior to
judicial challenge to the provisions of this proposed rule.
List of Subjects
7 CFR Part 201
Certified seed, Definitions, Inspections, Labeling, Purity
analysis, Sampling.
7 CFR Part 202
Administrative practice and procedure, Agricultural commodities,
Imports, Labeling, Seeds, Vegetables.
For the reasons set forth in the preamble, it is proposed that 7
CFR parts 201 and 202 be amended as follows:
PART 201--FEDERAL SEED ACT REQUIREMENTS
0
1. The authority citation for part 201 continues to read as follows:
Authority: 7 U.S.C. 1592.
0
2. In part 201, revise the heading to read as set forth above.
0
3. Remove the undesignated center heading ``RULES AND REGULATIONS OF
THE SECRETARY OF AGRICULTURE''.
Sec. 201.2 [Amended]
0
4. Amend Sec. 201.2 by:
0
a. Removing in paragraph (a) the word ``FSA'' and adding in its place
the words ``Federal Seed Act'';
0
b. Removing in paragraph (b) the word ``a partnership'' and adding in
their place the words ``an individual partnership'' and removing the
words ``or trustee'' and adding in their place the words ``trustee, or
agent'';
0
c. Removing in paragraph (h) the terms ``Bluestem, big--Andropogon
gerardii Vitman'', ``Brome, mountain--Bromus marginatus Steud.'',
``Buffalograss--Buchloe dactyloides (Nutt.) Engelm.'', '' Crambe--
Crambe abyssinica R.E. Fr.'', ``Crotalaria, sunn--Crotalaria juncea
L.'', ``Galletagrass--Hilaria jamesii (Torr.) Benth.'', ``Guineagrass--
Panicum maximum Jacq. var. maximum'', ``Kochia, forage--Kochia
prostrata (L.) Schrad.'', ``Millet, browntop--Brachiaria ramosa (L.)
Stapf'', ``Millet, pearl--Pennisetum glaucum (L.) R. Br.'',
``Napiergrass--Pennisetum purpureum Schumach.'', ``Needlegrass, green--
Stipa viridula Trin.'', ``Panicgrass, green--Panicum maximum Jacq.'',
``Rape, bird--Brassica rapa L. subsp. campestris (L.) A.R. Clapham'',
``Rape, turnip--Brassica rapa L. subsp. campestris (L.)'', and
``Smilo--Piptatherum miliaceum (L.) Coss'';
0
d. Adding in paragraph (h) in alphabetical order the terms ``Bluestem,
big--Andropogon gerardi Vitman'', ``Brome, mountain--Bromus carinatus
var. marginatus (Steud.) Barworth & Anderton'', ``Buffalograss--
Bouteloua dactyloides (Nutt.) Columbus'', ``Camelina--Camelina sativa
(L.) Crantz subsp. sativa'', ``Crambe--Crambe hispanica L. subsp.
abyssinica'', ``Crotalaria, sunn or sunn hemp--Crotalaria juncea L.'',
``Galletagrass--Pleuraphis jamesii Torr.'', ``Guineagrass--Megathyrsus
maximus (Jacq.) B. K. Simon & S. W. L. Jacobs'', ``Kochia, forage--
Bassia prostrata (L.) A. J. Scott'', ``Millet, browntop--Urochloa
ramose (L.) T. Q. Nguyen'', ``Millet, pearl--Cenchrus americanus (L.)
Morrone'', ``Napiergrass--Cenchrus purpureus (Schumach,) Morrone'',
``Needlegrass, green--Nassella viridula (Trin.) Barkworth'',
``Panicgrass, green--Megathyrsus maximus (Jacq.) B. K. Simon & S. W. L.
Jacobs'', ``Radish--Raphanus sativus L.'', ``Rape, bird--Brassica rapa
L. subsp. oleifera'', ``Rape, turnip--Brassica rapa L. Subsp.
oleifera'', ``Smilo--Oloptum miliaceum (L.) R[ouml]ser & Hamasha'', and
``Teff--Eragrostis tef (Zuccangi) Trotter'';
0
e. Removing in paragraph (i) the term ``Tomato--Lycopersicon esculentum
Mill.'' and adding in its place the term ``Tomato--Solanum lycopersicum
L.'';
0
f. Removing in paragraph (j) the word ``act'' and replacing it with
the word ``Act'';
0
g. Adding in the first sentence of paragraph (l)(1) wherever it appears
the word ``treatment'' the words ``(including but not limited to
coating, film coating, encrusting, or pelleting)'';
0
h. Removing in the second sentence of paragraph (l)(1) the word
``treatment'' and adding in its place the words ``chemical or
biological treatment'' and removing the words ``analyses, tests, and
examinations'' and adding in their place the words ``and acceptable
tests'';
0
i. Adding in paragraph (p) after the word ``percent'' the words ``by
weight'' and adding a second sentence to read ``A mixture of varieties
of a single kind may be labeled as a blend.'';
0
j. Adding in the second sentence of paragraph (q) after the word
``dyes'' the words ``polymers, biologicals,'';
0
k. Removing in paragraph (w), the words ``or crop seed'', and removing
the words ``inert matter'' and adding in their place the words ``inert
matter, including coating material if any is present'';
0
l. Removing in paragraph (x), the words ``commercial preparation
containing nitrogen fixing bacteria applied to seed'' and adding in
their place the words ``product consisting of microorganisms applied to
the seed for the purpose of enhancing the availability or uptake of
plant nutrients through the root system'';
0
m. Removing in paragraph (z), the word ``act'' and adding in its place
the word ``Act'';
0
n. Removing in paragraph (mm), the word ``detasselling'' and adding in
its place the word ``detasseling'';
0
o. Adding a new paragraphs (nn) and (oo).
The additions read as follows:
* * * * *
(nn) Acceptable test. The term ``acceptable test'' means any
testing method described in Sec. 201.45 through Sec. 201.66 of this
part, or to testing methods in accordance with Association of Official
Seed Analyst (AOSA) rules.
(oo) Brand. The term ``brand'' means word(s), name, symbol, number,
mark, design, unique design, or any combination of those which
distinguishes seed of one entity from seed of another.
0
5. Revise Sec. 201.3 to read as follows:
Sec. 201.3 Administrator.
The Administrator of the Agricultural Marketing Service may perform
such duties as the Secretary requires in enforcing the provisions of
the Act and of the regulations in this part.
Sec. 201.4 [Amended]
0
6. Amend Sec. 201.4 by:
0
a. Removing in paragraph (a) the word ``act'' and adding in its place
the word ``Act''; and
0
b. Removing in paragraph (b) wherever it appears the word
[[Page 4609]]
``treatment'' and adding it its place the words ``(including but not
limited to coating, film coating, encrusting, or pelleting)'' and
removing the word ``act'' and adding in its place the word ``Act''.
Sec. 201.6 [Amended]
0
7. Amend Sec. 201.6 in the first sentence by adding the word
``acceptable'' after the word ``all''.
Sec. 201.7 [Amended]
0
8. Amend Sec. 201.7 by removing in the first sentence the words ``(a)
records of analyses, tests, and examinations'' and adding in their
place the words ``(a) records of acceptable tests''.
Sec. 201.8 [Amended]
0
9. Amend Sec. 201.8 by removing in the last sentence the word ``act''
and adding in its place the word ``Act''.
Sec. 201.10 [Amended]
0
10. Amend Sec. 201.10 paragraph (a) by adding the word ``Radish;''
after the word ``Peanut;''.
0
11. Revise Sec. 201.12a to read as follows:
Sec. 201.12a Seed mixtures.
Seed mixtures intended for seeding/planting purposes shall be
designated as a mixture on the label and each seed component shall be
listed on the label in the order of predominance.
Sec. 201.16 [Amended]
0
12. Amend Sec. 201.16 by:
0
a. Removing in paragraph (a) in the first sentence the word ``state''
and adding in its place the word ``State'';
0
b. Removing in paragraph (b), the terms ``Emex australis Steinh.'',
``Emex spinosa (L.) Campd.'', ``Leptochola chinensis (L.) Nees'',
``Pennisetum clandestinum Chiov.'', ``Pennisetum macrourum Trin.'',
``Pennisetum pedicellatum Trin.'', ``Pennisetum polystachion (L.)
Schult.'', and ``Rubus fruticosus L. (complex)''; and
0
c. Adding in paragraph (b) in alphabetical order the terms ``Cenchrus
caudatus (Schrad.) Kuntze'', ``Cenchrus clandestinus Morrone'',
``Cenchrus pedicellatus (Trin.) Morrone'', ``Cenchrus polystachios (L.)
Morrone'', ``Dinebra chinensis (L.) P. M. Peterson & N. Snow'', ``Rubus
plicatus Weihe & Nees'', ``Rumex hypogaeus T.M. Schust & Reveal'', and
``Rumex spinosus L.''.
Sec. 201.17 [Amended]
0
13. Amend Sec. 201.17 by removing the words ``Quackgrass (Elytrigia
repens)'' and adding in their place the words ``Quackgrass (Elymus
repens)''.
0
14. Revise Sec. 201.18 to read as follows:
Sec. 201.18 Other agricultural seeds.
Agricultural seeds other than those included in the percentage or
percentages of kind, variety, or type may be expressed as ``other crop
seeds,'' but the percentage shall include collectively all kinds,
varieties, or types not named upon the label.
0
15. Revise Sec. 201.19 to read as follows:
Sec. 201.19 Inert matter.
The label shall show the percentage by weight of inert matter,
including coating material as defined in Sec. 201.2(q), if any is
present.
0
16. Revise Sec. 201.20 to read as follows:
Sec. 201.20 Germination
The label shall show the percentage of germination for each kind,
kind and variety, kind and type, or kind and hybrid of agricultural
seed comprising more than 5 percent of the whole. The label shall show
the percentage of germination for each kind, kind and variety, kind and
type, or kind and hybrid of agricultural seed comprising 5 percent of
the whole or less if the seed is identified individually on the label.
0
17. Revise Sec. 201.21 to read as follows:
Sec. 201.21 Hard seed or dormant seed.
The label shall show the percentage of hard seed or dormant seed,
as defined in Sec. 201.57 or Sec. 201.57a, if any is present. The
percentages of hard seed and dormant seed shall not be included as part
of the germination percentage.
0
18. Revise Sec. 201.23 to read as follows:
Sec. 201.23 Name of interstate shipper or name of consignee.
The full name and address of the interstate shipper shall appear
upon the label. If the name and address of the shipper are not shown
upon the label, a code designation identifying the interstate shipper
shall be shown, along with the full name and address of the consignee.
0
19. Amend Sec. 201.24 by revising the second sentence to read as
follows:
Sec. 201.24 Code designation.
* * * When used, the AMS code designation shall appear on the
label in a clear and legible manner, along with the full name and
address of the consignee.
Sec. 201.25 [Amended]
0
20. Amend Sec. 201.25 by removing in the third sentence the word
``act'' and adding in its place the word ``Act''.
0
21. Add Sec. 201.26a to read as follows:
Sec. 201.26a Vegetable seed mixtures.
Vegetable seed mixtures for seeding/planting purposes shall be
designated as a mixture on the label, and each seed component shall be
listed on the label in the order of predominance.
0
22. Revise Sec. 201.27 to read as follows:
Sec. 201.27 Name of interstate shipper or name of consignee.
The full name and address of the interstate shipper shall appear
upon the label. If the name and address of the interstate shipper are
not shown upon the label, a code designation identifying the interstate
shipper shall be shown, along with the full name and address of the
consignee.
0
23. Amend Sec. 201.28 by revising the second sentence to read as
follows:
Sec. 201.28 Code designation.
* * * When used, the AMS code designation shall appear on the
label in a clear and legible manner, along with the full name and
address of the consignee.
0
24. Revise Sec. 201.29 to read as follows:
Sec. 201.29 Germination of vegetable seed in containers of 1 pound
or less.
Vegetable seeds in containers of 1 pound or less which have a
germination percentage equal to or better than the standard set forth
in Sec. 201.31 need not be labeled to show the percentage of
germination and date of test. Each variety of vegetable seed which has
a germination percentage less than the standard set forth in Sec.
201.31 shall have the words ``Below Standard'' clearly shown in a
conspicuous place on the label or on the face of the container in type
no smaller than 8 points. Each variety which germinates less than the
standard shall also be labeled to show the percentage of germination
and the percentage of hard seed or dormant seed (if any).
0
25. Revise Sec. 201.29a to read as follows:
Sec. 201.29a Germination of vegetable seed in containers of more
than 1 pound.
Each variety of vegetable seeds in containers of more than 1 pound
shall be labeled to show the percentage of germination and the
percentages of hard seed or dormant seed (if any).
0
26. Revise Sec. 201.30 to read as follows:
Sec. 201.30 Hard seed or dormant seed.
If hard seed or dormant seed as defined in Sec. Sec. 201.57 or
201.57a, respectively, is present in the seed kinds indicated in those
sections, the label shall show the percentage of hard seed or dormant
seed present. The percentages of hard seed and dormant seed shall not
be included as part of the germination percentage.
0
27. Add Sec. 201.30c to read as follows:
[[Page 4610]]
Sec. 201.30c Noxious-weed seeds of vegetable seed in containers of
more than 1 pound.
Except for those kinds of noxious-weed seeds shown in Sec.
201.16(b), the names of kinds of noxious-weed seeds and the rate of
occurrence of each shall be expressed in the label in accordance with,
and the rate shall not exceed the rate permitted by, the law and
regulations of the State into which the seed is offered for
transportation or is transported. If in the course of such
transportation, or thereafter, the seed is diverted to another State of
destination, the person or persons responsible for such diversion shall
cause the seed to be relabeled with respect to noxious-weed seed
content, if necessary, to conform to the laws and regulations of the
State into which the seed is diverted.
0
28. Amend Sec. 201.31 by revising the heading and the introductory
paragraph to read as follows:
Sec. 201.31 Minimum germination standards for vegetable seeds in
interstate commerce.
The following minimum germination standards for vegetable seeds in
interstate commerce, which shall be construed to include hard seed and
dormant seed, are determined and established under section 403(c) of
the Act:
* * * * *
0
29. Amend Sec. 201.31a by revising paragraph (b) to read as follows:
Sec. 201.31a Labeling treated seed.
* * * * *
(b) Name of substance or active ingredient. The name of any active
ingredient substance as required by paragraph (a) of this section shall
be the commonly accepted coined, chemical (generic), or abbreviated
chemical name. The label shall include either the name of the genus and
species or the brand name as identified on biological product labels.
Commonly accepted coined names are free for general use by the public,
are not private trademarks, and are commonly recognized as names of
particular substances, such as thiram, captan, lindane, and dichlone.
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. Examples of the genus and
species names for brand named biologicals are Bacillus subtilis
(Kodiak) for a single species, and Bradyrhizobium japonicum,
Penicillium bilaiae (TagTeam Soybean Granular Inoculant) for a mixture.
Examples of commonly accepted abbreviated chemical names are BHC (1, 2,
3, 4, 5, 6-Hexachlorocyclohexane) and DDT (dichloro diphenyl
trichloroethane).
* * * * *
Sec. 201.33 [Amended]
0
30. Amend Sec. 201.33 paragraph (a) and (b) by removing wherever it
appears the word ``act'' and adding in its places the word ``Act''.
Sec. 201.36b [Amended]
0
31. Amend Sec. 201.36b, in paragraph (a) by removing wherever it
appears the word ``act'' and adding in its places the word ``Act''.
Sec. 201.37 [Amended]
0
32. Amend Sec. 201.37 by removing wherever it appears the word ``act''
and adding in its places the word ``Act''.
Sec. 201.38 [Removed and Reserved]
0
33. Remove and reserve Sec. 201.38.
Sec. 201.39 [Amended]
0
34. Amend Sec. 201.39, in paragraph (c), by removing the word
``proble'' in and adding in its place the word ``probe''.
0
35. Amend Sec. 201.46 by:
0
a. Revising paragraph (b); and
0
b. Adding in Table 1 to paragraph (d)(2)(iii), entries for
``Camelina'', ``Radish'', and ``Teff'' in the ``Agricultural Seed''
section in alphabetical order.
The revisions and additions read as follows:
Sec. 201.46 Weight of working sample.
* * * * *
(b) Mixtures consisting of one predominant kind of seed or groups
of kinds of similar size. The weights of the purity and noxious-weed
seed working samples in this category shall be determined by the kind
or group of kinds which comprise more than 50 percent of the sample.
* * * * *
(d) * * *
(2) * * *
(iii) * * *
Table 1 to paragraph (d)(2)(iii)
----------------------------------------------------------------------------------------------------------------
Minimum weight
Minimum weight for noxious- Approximate
Name of seed for purity weed seed number of seed
analysis examination per gram
(grams) (grams)
----------------------------------------------------------------------------------------------------------------
Agricultural Seed:
Camelina.................................................... 4 40 880
Radish...................................................... 30 300 75
Teff........................................................ 1 10 3,288
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Sec. 201.47a [Amended]
0
36. Amend Sec. 201.47a by:
0
a. Removing in paragraph (b)(6) the words ``Buchloe dactyloides'' and
adding in their place the words ``Bouteloua dactyloides'';
0
b. Removing in paragraph (c) the word ``Compositae'' and adding in its
place the word ``Asteraceae'';
0
c. Removing in paragraph (d) the word ``Legumionsae'' and adding in its
place the word ``Fabaceae'';
0
d. Removing in paragraph (e) the word ``Umbelliferae'' and adding in
its place the word ``Apiaceae''; and
0
e. Removing in paragraph (f) the word ``Labiatae'' and adding in its
place the word ``Lamiaceae''.
0
37. Amend Sec. 201.48 by revising the first sentence of the
introductory text and paragraphs (a), (f), (g)(1) and (3) to read as
follows:
Sec. 201.48 Kind or variety considered pure seed.
The pure seed shall include all seeds of each kind or each kind and
variety under consideration present in excess of 5 percent by weight of
the whole. * * *
[[Page 4611]]
(a) Immature or shriveled seeds and seeds that are cracked or
injured. For seeds of legumes (Fabaceae) and crucifers (Brassicaceae)
with the seed coats entirely removed refer to Sec. 201.51(a)(1);
* * * * *
(f) Intact fruits, whether or not they contain seed, of species
belonging to the following families: Sunflower (Asteraceae), buckwheat
(Polygonaceae), carrot (Apiaceae), valerian (Valerianaceae), mint
(Laminaceae) and other families in which the seed unit may be a dry,
indehiscent one-seeded fruit. For visibly empty fruits, refer to inert
matter, Sec. 201.51(a)(6);
(g) * * *
(1) Intact burs of buffalograss (Bouteloua dactyloides) shall be
considered pure seed whether or not a caryopsis is present. Refer to
Sec. 201.51(a)(6) for burs which are visibly empty.
* * * * *
(3) Special purity procedures for smooth brome, fairway crested
wheatgrass, standard crested wheatgrass, intermediate wheatgrass,
pubescent wheatgrass, tall wheatgrass, and western wheatgrass are
listed in Sec. 201.51a(b).
* * * * *
Sec. 201.51 [Amended]
0
38. Amend Sec. 201.51 by:
0
a. Removing in paragraph (a)(1) the words ``Leguminosae'',
``crucifers'', and ``Cruciferae'', and adding in their places the words
``Fabaceae'', ``brassica'', and Brassicaceae'', respectively;
0
b. Removing in paragraph (b)(2)(iv) the word ``Agropyron'' and adding
in its place the word ``Elymus'';
0
c. Removing in paragraph (b)(2)(v) the words ``A. repens'' and adding
in their place the words ``E. repens''; and
0
d. Removing in paragraph (b)(4) the word ``Compositae'' and adding in
its place the word ``Asteraceae''.
0
39. Amend Sec. 201.51a by revising paragraph (a) and the table in
paragraph (b)(2)(ii) to read as follows:
Sec. 201.51a Special procedures for purity analysis.
(a) The laboratory analyst shall use the Uniform Blowing Procedure
described in this paragraph to separate pure seed and inert matter in
the following: Kentucky bluegrass, Canada bluegrass, rough bluegrass,
Pensacola variety of bahiagrass, orchardgrass, blue grama, and side-
oats grama.
(1) Separation of mixtures. Separate seed kinds listed in this
section from other kinds in mixtures before using the Uniform Blowing
Procedure.
(2) Calibration samples. Obtain calibration samples and
instructions, which are available on loan through the Seed Regulatory
and Testing Division, S&T, AMS, 801 Summit Crossing Place, Suite C,
Gastonia, North Carolina, 28054.
(3) Blowing point. Use the calibration samples to establish a
blowing point prior to proceeding with the separation of pure seed and
inert matter for these kinds.
(i) Refer to the specifications on the calibration samples for
Kentucky bluegrass, orchardgrass, and Pensacola variety of bahiagrass
to determine their appropriate blowing points for the Uniform Blowing
Procedure.
(ii) Use the calibration sample for Kentucky bluegrass to determine
the blowing points for Canada bluegrass, rough bluegrass, blue grama,
and side-oats grama.
(A) The blowing point for Canada bluegrass shall be the same as the
blowing point determined for Kentucky bluegrass.
(B) The blowing point for rough bluegrass shall be a factor of 0.82
(82 percent) of the blowing point determined for Kentucky bluegrass.
The 0.82 factor is restricted to the General-type seed blower.
(C) The blowing point for blue grama shall be a factor of 1.157 of
the blowing point determined for Kentucky bluegrass. Before blowing,
extraneous material that will interfere with the blowing process shall
be removed. The sample to be blown shall be divided into four
approximately equal parts and each blown separately. The 1.157 factor
is restricted to the General-type seed blower.
(D) The blowing point for side-oats grama shall be a factor of
1.480 of the blowing point determined for Kentucky bluegrass. Before
blowing, extraneous material that will interfere with the blowing
process shall be removed. The sample to be blown shall be divided into
four approximately equal parts and each part blown separately. The
1.480 factor is restricted to the General-type seed blower.
(4) Blower calibration. Calibrate and test the blower according to
the instructions that accompany the calibration samples before using
the blower to analyze the seed sample. Use the anemometer to set the
blower gate opening according to the calibration sample specifications.
(i) Determine the blowing point using a calibrated anemometer.
(ii) Position the anemometer fan precisely over the blower opening,
set it at meters per second (m/s), run the blower at the calibrated
gate setting, and wait 30 seconds before reading the anemometer.
(iii) Use this anemometer reading to determine the blower gate
setting whenever the Uniform Blowing Procedure is required.
(5) Pure seed and inert matter. Use the calibrated blower to
separate the seed sample into light and heavy portions. After
completing the initial separation, remove and separate all weed and
other crop seeds from the light portion. The remainder of the light
portion shall be considered inert matter. Remove all weed and other
crop seeds and other inert matter (stems, leaves, dirt) from the heavy
portion and add them to the weed seed, other crop seed, or inert matter
separations, as appropriate. The remainder of the heavy portion shall
be considered pure seed.
(b) * * *
(2) * * *
(ii) * * *
Table of Factors To Apply to Multiple Units a
--------------------------------------------------------------------------------------------------------------------------------------------------------
Crested wheat- Pubescent Intermediate Tall wheat- Western wheat-
Percent of single units of each kind grass \b\ wheat-grass wheat-grass grass \c\ grass \c\ Smooth brome
--------------------------------------------------------------------------------------------------------------------------------------------------------
50 or below............................................. 70 66 72 -- -- 72
50.01-55.00............................................. 72 67 74 -- -- 74
55.01-60.00............................................. 73 67 75 -- -- 75
60.01-65.00............................................. 74 67 76 -- -- 76
65.01-70.00............................................. 75 68 77 -- 60 78
70.01-75.00............................................. 76 68 78 -- 66 79
75.01-80.00............................................. 77 69 79 50 67 81
80.01-85.00............................................. 78 69 80 55 68 82
85.01-90.00............................................. 79 69 81 65 70 83
[[Page 4612]]
90.01-100.00............................................ 79 70 82 70 74 85
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ The factors represent the percentages of the multiple unit weights which are considered pure seed. The remaining percentage is regarded as inert
matter.
\b\ Includes both standard crested wheatgrass and fairway crested wheatgrass.
\c\ Dashes in table indicate that no factors are available at the levels shown.
Sec. 201.56 [Amended]
0
40. Amend Sec. 201.56, in paragraph (d), by removing the word
``Umbelliferae'' and adding in its place the word ``Apiaceae.''
0
41. Amend Sec. 201.58 by:
0
a. Revising paragraphs (a)(1) and (b)(13);
0
b. Adding in Table 2 to paragraph (c)(3) entries for ``Camelina'',
``Radish'', and ``Teff'' in the ``Agricultural Seed'' section in
alphabetical order;
0
c. Revising in Table 2 to paragraph (c)(3) the entry for ``Oat'' in
the ``Agricultural Seed'' section; and
0
d. Revising in Table 2 to paragraph (c)(3) the entry for ``Brussels
Sprouts'' in the ``Vegetable Seed'' section.
The revisions and additions read as follows:
Sec. 201.58 Substrata, temperature, duration of test, and certain
other specific directions for testing for germination and hard seed.
* * * * *
(a) Definitions and explanations applicable to table 2--(1)
Duration of tests. The following deviations are permitted from the
specified duration of tests: Any test may be terminated prior to the
number of days listed under ``Final count'' if the maximum germination
of the sample has then been determined. The number of days stated for
the first count is approximate and a deviation of 1 to 3 days is
permitted. If at the time of the prescribed test period the seedlings
are not sufficiently developed for positive evaluation, it is possible
to extend the time of the test period two additional days. If the
prescribed test period or the allowed extension falls on a weekend or
public holiday, the test may be extended to the next working day.
(Also, see paragraph (a)(5) of this section and Sec. 201.57.)
* * * * *
(b) * * *
(13) Fourwing Saltbush (Atriplex canscens); preparation of seed for
test. De-wing seeds and soak for 2 hours in 3 liters of water, after
which rinse with approximately 3 liters of distilled water. Remove
excess water, air dry for 7 days at room temperature, then test for
germination as indicated in Table 2.
(c) * * *
(3) * * *
Table 2 to Paragraph (c)(13)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Additional directions
Temperature First count Final count ---------------------------------------------
Name of seed Substrata ([deg]C) days days Fresh and dormant
Specific requirements seed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Agricultural Seed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Camelina.......................... TB 20 4 7
---------------------------------------------
Oat............................... B, T, S 20; 15 5 10 Prechill at 5 or 10 [deg]C for 5 days and
test for 7 days or predry and test for 10
days.
---------------------------------------------
Radish............................ B, T 20 4 6
---------------------------------------------
Teff.............................. TB 20-30 4 7 KNO3
---------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vegetable Seed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Brussels Sprouts.................. B, P, T 20-30 3 10 Prechill 5 days at 5 or 10 [deg]C for 3
days; KNO3 and Light.
---------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
Sec. 201.59 [Amended]
0
42. Amend Sec. 209.59 by removing wherever it appears the word ``act''
and adding in its place the word ``Act''.
Sec. 201.60 [Amended]
0
43. Amend Sec. 201.60 by:
0
a. Adding in the second sentence of paragraph (a)(1) the word ``teff,''
after the words ``sweet vernalgrass,'';
0
b. Removing in the first sentence of paragraph (a)(2) the word ``act''
and adding in its place the word ``Act''; and
0
c. Adding in the first sentence of paragraph (b)(2) the word ``other''
before the words ``crop seeds''.
[[Page 4613]]
0
44. Amend Sec. 201.61 by revising the table heading to read as
follows:
Sec. 201.61 Fluorescence percentages in ryegrasses.
* * *
FLUORESCENCE TOLERANCE, BASED ON TEST FLUORESCENCE (TFL)
* * * * *
0
45. Amend Sec. 201.63 by revising the introductory paragraph to read
as follows:
Sec. 201.63 Germination.
The following tolerances are applicable to the percentage of
germination and also to the sum of the germination plus the hard seed
and dormant seed when 400 or more seeds are tested.
* * * * *
0
46. Revise Sec. 201.64 to read as follows:
Sec. 201.64 Pure live seed.
The tolerance for pure live seed shall be determined by applying
the respective tolerances to the germination plus the hard seed and
dormant seed, and the pure seed.
[GRAPHIC] [TIFF OMITTED] TP27JA20.042
0
47. Amend Sec. 201.68 by revising the introductory text and paragraph
(b) to read as follows:
Sec. 201.68 Eligibility requirements for certification of varieties.
When a seed originator, developer, owner of the variety, or agent
thereof requests eligibility for certification, the certification
agency shall require the person to provide the following information
upon request:
* * * * *
(b) A statement concerning the variety's origin and the breeding
technique(s) or the reproductive stabilization procedures used in its
development.
* * * * *
0
48. Amend Sec. 201.70 by revising paragraph (a) to read as follows:
Sec. 201.70 Limitations of generations for certified seed.
* * * * *
(a) Recertification of the Certified class may be permitted when no
Foundation or Registered seed is being maintained; or
* * * * *
Sec. 201.74 [Amended]
0
49. Amend Sec. 201.74 by removing in paragraphs (a), (b), and (c), the
words ``(if certified as to variety)''.
Sec. 201.75 [Amended]
0
50. Amend Sec. 201.75 by removing in paragraphs (b)(1) and (c),
wherever it appears the words ``(if certified as to variety)''.
0
51. Amend Sec. 201.76 Table 5 by adding in alphabetical order entries
for ``Camelina'', ``Chickpea'', ``Hemp'', ``Radish'', ``Sunn hemp'' and
footnotes ``60'' through ``63'' to read as follows:
Sec. 201.76 Minimum Land, Isolation, Field, and Seed Standards.
* * * * *
Table 5 to Sec. 201.76
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Foundation Registered Certified
Crop -------------------------------------------------------------------------------------------------------------------------------------------------------------
Land Isolation Field Seed Land Isolation Field Seed Land Isolation Field Seed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Camelina.......................... \8\ 1 \61\ 50 (\59\ 15.24m) 5,000 0.1 \8\ 1 \61\ 50 (\59\15.24m)..... 2,000 0.2 \8\ 1 \61\ 50 (\59\ 15.24m).... 1,000 0.3
Chickpea.......................... \7\ 1 \23\ 0............... 10,000 0.1 \7\ 1 \23\ 0................... 2,000 0.2 \7\ 1 \23\ 0................... 1,000 0.2
Hemp.............................. (\63\ (\63\)............... (\63\) (\63\) (\63\) (\63\)................... (\63\) (\63\) (\63\) (\63\)................... (\63\) (\63\)
)
Radish............................ \60\ 1,320 (\59\ 402.34m). 0 0.05 \60\ 5 1,320 (\59\ 402.34m)..... 1,000 0.1 \60\ 5 660 (\59\ 201.17m)....... 500 0.25
5
Sunn hemp......................... \7\ 1 1,320 (\59\ 402.34m). \62\ 0.1 \7\ 1 660 (\59\ 201.17m)....... \62\ 0.25 \7\ 1 330 (\59\ 100.58m)....... \62\ 0.5
5000 1,000 500
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
\60\ Land must not have grown or been seeded to any cruciferous crops during the previous 5 years. This interval may be reduced to 3 years, if following the same variety and the same or higher
certification class.
\61\ Field producing any class of certified seed must be at least 50 feet from any other variety or fields of the same variety that do not meet the varietal purity requirement for
certification.
\62\ No other Crotalaria species allowed in Foundation, Registered and/or Certified production fields.
\63\ Refer to the certifying agency in the production State(s) for certification standards.
0
52. Amend Sec. 201.78 by revising paragraph (e) to read as follows:
Sec. 201.78 Pollen control for hybrids.
* * * * *
(e) Hybrid alfalfa. When at least 75 percent of the plants are in
bloom and there is no more than 15 percent seed set, 200 plants shall
be examined to determine the pollen production index (PPI). Each plant
is rated as 1, 2, 3 or 4 with ``1'' representing no pollen, ``2''
representing a trace of pollen, ``3'' representing substantially less
than normal pollen, and ``4'' representing normal pollen. The rating is
weighted as 0, 0.1, 0.6 or 1.0, respectively. The total number of
plants of each rating is multiplied by the weighted rating and the
values are totaled. The total is divided by the number of plants rated
and multiplied by 100 to determine the PPI. For hybrid production using
separate male and female rows, the maximum PPI allowed for 95 percent
hybrid seed is 14 for the Foundation class, and 6 for the F1 hybrid.
For hybrid production using comingled parent lines, the maximum PPI
allowed for 75 percent hybrid Certified class seed is 25, with an
allowance for blending to reach a PPI of 25 for fields with a PPI above
25, but no greater than 30.
[[Page 4614]]
PART 202--FEDERAL SEED ACT ADMINISTRATIVE PROCEDURES
0
53. The authority citation for part 202 continues to read as follows:
Authority: 302, 305, 402, 408, 409, 413, 414, 53 Stat. 1275, as
amended; 7 U.S.C. 1582, 1585, 1592, 1598, 1599, 1603, and 1604.
0
54. In part 202, the heading is revised to read as set forth above.
Subpart C--Provisions Applicable to Other Proceedings
0
55. In subpart C, revise the heading to read as set forth above.
Dated: January 9, 2020.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2020-00400 Filed 1-24-20; 8:45 am]
BILLING CODE 3410-02-P