01-001-252 Me. Code R. § 1

Current through 2024-51, December 18, 2024
Section 001-252-1 - INTRODUCTION
A.Definitions
(1)The Terms
(a)Bacterial Ring Rot means a tuber-borne potato disease caused by the bacterium, Corynebacterium sepedonicum also known as Clavibacter michiganense pv. sepedonicum.
(b)Certification means the act of endorsing that the potatoes have been inspected and at the time of inspection met the standards or requirements specified in this Chapter for seed potatoes. Certification does not mean or constitute any warranty that the potatoes are merchantable, disease free, or fit for a particular purpose. Except where the Commissioner has indicated other tests are superior, the measurement method or basis for determining compliance with the standards is visual inspection of the fields and post- harvest laboratory testing using ELISA, PCR or other suitable molecular method.
(c)Certified Seed means seed potatoes entered into the Maine Seed Potato Certification Program and passing the field year field inspection, and Post-Harvest Test requirements as well as the other requirements established in this Chapter.
(d)Certified Seed Class means seed potatoes entered into the Maine Seed Potato Certification Program with an appropriate field year designation and passing field inspection, Post-Harvest Test and other requirements established in this Chapter for this class of seed potatoes.
(e)Commissioner means the Commissioner of the Maine Department of Agriculture, Conservation and Forestry.
(f)Department means the Maine Department of Agriculture, Conservation and Forestry.
(g)Disease Tested Tuber(s) means potato tuber(s) selected and tested for freedom from the following diseases and pathogens: Bacterial Ring Rot, Blackleg, Potato Spindle Tuber Viroid, Potato viruses X, Y, A, M, S, Leafroll, Potato Mop Top Virus and the Necrotic Strain of Potato Virus Y (PVY-N).
(h)Field Year means a seed potato classification designating the number of years a particular lot has been grown in the field after greenhouse propagation, not to exceed six years after 2011.
(i)Foundation Farming Operation means all potato acreage on the farm has been entered into the Maine Seed Potato Certification Program.
(j)Foundation Seed Class means seed potatoes entered into the Maine Seed Potato Certification Program with an appropriate field year designation and passing field inspection, Post-Harvest Test and other requirements established in this Chapter for this class of seed potatoes.
(k)Inspector or Seed Potato Inspector means a representative of the Department who is duly authorized to carry-out the services of the Maine Seed Potato Certification Program.
(l)Leafroll means a potato disease caused by the potato leafroll virus.
(m)Lot means a population of certified seed potatoes of one variety, field year and class that is identified by one certification number.
(n)Maine Seed Potato Certification Program means the program established in this Chapter for certification of seed potatoes.
(o)Mini-tuber means a tuber produced in a greenhouse from nuclear stock.
(p)Mosaic means potato disease caused by potato virus A, potato virus X, potato virus Y, potato virus M or a combination of potato viruses A, X, M and Y.
(q)Necrotic Strain of Potato Virus Y (PVY-N) means a strain of Potato Virus Y that causes a necrotic reaction in certain varieties of tobacco.
(r)Nuclear Seed means propagation material, including mini-tubers and plantlets, which involves in vitro techniques and is grown under controlled conditions.
(s)Nuclear Seed Origination Source means any farm or operation that is authorized by the Commissioner for such production.
(t)Post-Harvest Test means the test authorized by the Department for determining the disease content of recently harvested samples of seed potatoes. Each sample must represent a specific lot of seed potatoes in storage.
(u)Potato Mop Top Virus means a soil-borne virus in the pomovirus group which may cause discoloration or necrotic rings in infected tubers, and various types of mottling and stunting in above-ground portions of infected plants.
(v)Production or Crop Handling Equipment means equipment used in producing potatoes that contacts either the foliage or the tubers of potato plants.
(w)Roguing means the removal of diseased and off-type potato plants from a field of seed potatoes.
(x)Root Knot Nematode means the nematode species belonging to the genus Meloidogyne.
(y)Separate Farming Operation means distinct production units which use the same crop handling equipment but which clean and disinfect the equipment between use on each production unit. Separate farming operations must be established and separated by identifiable physical boundaries (i.e. a road, woods, field devoted to a different crop) and must remain the same once established, unless approval for a change is requested by the producer and approved by the Department.
(z)Shipping Inspection Tags means the tags or bulk certificates identifying the variety name, grade, size, and class of seed potatoes, which are issued by department staff prior to shipment.
(aa)Single Hill Selection means the method of seed potato propagation whereby tubers are selected, tested to ensure freedom from certain pathogens, and retained for planting as Nuclear Seed.
(bb)Sod Ground means land on which grass and/or legume species were produced the previous year.
(cc)Spindle Tuber means the potato disease caused by the Potato Spindle Tuber Viroid pathogen.
(dd)Tobacco Rattle Virus means a virus vectored by the stubby root nematode which can cause stem mottling of potato foliage and discoloration or necrotic rings in infected tubers.
(ee)Tolerance means the allowable upper limit of observed disease during field inspection, post-harvest test, and laboratory evaluation.
(ff)Total Virus means the sum or total of the virus diseases Leafroll and Mosaic.
(gg)Vine kill means treating the vines mechanically or chemically to cause them to die.
(hh)Zero Tolerance means that the disease or related pathogen was not found during the inspection and testing process in the case of Bacterial Ring Rot, Potato Spindle Tuber Viroid, or Root Knot Nematode. This is not intended, nor may it be construed to mean, that the lot inspected is free from the disease in question.

01-001 C.M.R. ch. 252, § 1