01-001-261 Me. Code R. § 1

Current through 2024-44, October 30, 2024

Section 001-261-1 - General Provisions

A. The Division of Plant Industry is the designated official seed certifying agency in certifying the varietal purity, quality, vitality and disease-freedom of seeds of field crops in accordance with these rules and standards.

B.Classes of Seed

1.Breeder Seed - Seed recognized by the Division as being seed of a variety (cultivar) that has been produced by a recognized plant breeder or plant breeders responsible for the maintenance breeding of that variety under conditions which have insured that the specific characteristics of the variety have been maintained and which provides the source for the initial and recurring increases of seed of the Certified classes.

2.Foundation Seed - The approved progeny of Breeder or Foundation Seed produced by seed growers authorized by the Division for the production of seed of this class, and which has been so managed as to maintain its specific genetic identity and purity. The seed is graded by a Division seed grain inspector. Foundation is the highest class of seed of commerce.

3.Registered Seed - The approved progeny of Breeder or Foundation Seed so managed as to maintain satisfactory genetic identity and purity. The production is supervised and approved by the Division. The seed is graded by a Division seed grain inspector.

4.Certified Seed - the approved progeny of Breeder, Foundation, or Registered Seed so managed as to maintain satisfactory genetic identity and purity. The production is approved by the Division. This seed is graded by a Division seed grain inspector.

C. An application for inspection and certification shall be made to the certifying agency on or before June 1 of each year.

D.Varieties

1. The production of certified seed of more than 1 variety of a crop on the same farm shall be approved by the certifying agency.

2. Certified seed shall not be produced on land which grew any of the following plants the previous year:

a. An inseparable species having the same growing season, except when summer fallowing intervenes.

b. Plants of another variety of the same species.

c. Plants of the same variety unless such plants came from certified seed.

E.Detrimental conditions

1. A field containing more than an occasional weed which produces seed not readily separable from the crop seed, or weed growth that will impair seed quality, or prevent adequate field inspection is ineligible for certification. Field borders and weedy areas in the field shall require mowing before harvest if in the judgment of the inspector such action is necessary.

2. Crops submitted for certification shall be rogued of weeds, other varieties and other crop plants by the grower before field inspection.

3. Crops which show lack of vigor, lack of uniformity, evidence of inadequate cultural care, which are weedy or are subject to other conditions detrimental to production of high quality seed are ineligible for certification.

4. The seed of that portion of a crop to be field inspected which is less than 6 feet from an inseparable species, a variety of the same species, or the same variety grown from noncertified seed shall not be harvested for certification.

F.Field inspection

1. A field inspection shall be performed by the certifying agency when the identity of the variety, mixtures, weediness, disease infection, vigor and crop quality can best be determined.

2. Seed submitted for certification shall be harvested and handled in such a manner as to avoid mixtures and shall be stored and processed in a place and manner approved by the certifying agency.

3. Final certification by the official certifying agency shall be based upon inspection of a minimum representative sample of 5 pounds of cleaned seed. The submitted sample of cleaned seed shall be representative of the entire lot of seed to be offered for sale.

4. Analysis, examinations, and germination tests of seed shall be conducted in accordance with sections 2 to 4 of the rules of the Association of Official Seed Analysts effective July 1, 1965. These are available from the Maine Department of Agriculture, Food and Rural Resources, Division of Plant Industry, State Office Building, Augusta, Maine 04333.

G. A bag or container of seed to be offered for sale or sold as certified, registered or foundation shall be identified as to variety. Seed offered for sale or sold as certified, registered or foundation shall be placed in new bags or containers and have attached thereto an official tag issued by the official certifying agency.

H. Seed produced in another state or country and sold and delivered in this state as certified, registered or foundation shall have been certified by a legally constituted agency of the state or country of origin in accordance with rules and standards equivalent to those established herein. Seed 0f such origin represented or labeled as registered shall have been produced and certified in accordance with rules and standards equal to or better than those established for Maine certified seed.

I. The minimum quality standards for foundation and certified seed, other than those affecting genetic purity established in this regulation, may be modified by the Commissioner of Agriculture, Food and Rural Resources when application of the standard would threaten continued normal propagation of a crop variety.

J.Conditioning of Seed

1. Conditioners requiring certification services shall apply to the certifying agency having jurisdiction where the services are to be performed. In approving the conditioner to condition seed of Certified classes, each certifying agency shall stipulate that the following requirements must be met:

a. Facilities shall be available to perform conditioning without introducing admixtures.

b. Identity of the seed must be maintained at all times.

c. Records of all operations relating to certification shall be complete and adequate to account for all incoming seed and final disposition of seed.

d. Conditioners shall permit inspection by the certifying agency of all records pertaining to Certified seed.

e. Conditioners approved to condition seed for certification shall designate an individual who shall be responsible to the certifying agency for performing such duties as may be required.

f. Approval of conditioners shall be on an annual basis.

2. Seed lots of the same variety and seed class may be blended and the seed class retained. If lots of different classes are blended, the lowest class shall be applied to the resultant blend. Such blending can only be done as authorized by the certifying agency.

K. Any disease or pest that might adversely affect Maine Agriculture, in the opinion of the Maine Commissioner of Agriculture, Food and Rural Resources will be cause for withdrawal of certification.

01-001 C.M.R. ch. 261, § 1