W. Va. Code R. § 61-39-36

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-39-36 - Interagency Seed Certification Standards and Procedures

36.1. Interagency certification is the participation of two or more certifying agencies in performing the services required to certify the same final lot or lots of seed.

36.1.1. Eligibility

36.1.1.a. Seed recognized for interagency certification shall be received in containers carrying official certification labels, accompanied by transfer certificates or other proper documentation showing evidence of its eligibility from another official certifying agency together with the following information:

36.1.1.a.1. Variety and species;

36.1.1.a.2. Quantity of seed;

36.1.1.a.3. Class of seed; and

36.1.1.a.4. Field or lot number traceable to the previous certifying agency's records.

36.1.1.b. Seed tagged and sealed with official certification tags is eligible for interagency certification without obtaining approval from the certifying agency of the originating state.

36.1.1.c. An "interagency certified seed" report form shall be submitted to all certifying agencies involved. Information required to complete the form includes:

36.1.1.c.1. Section A:

Name, Address of shipper, Destination, Shipping weight, Lot number and receiving weight, Grower name, Field number, Date of seed shipment, Amount of seed used, Date shipment is received by the receiving state; and

36.1.1.c.2. Section B:

Clean weight, Bag count, New lot number (if different than the receiving lot number).

36.1.1.d. Certified seed not tagged and sealed with official certification tags shall follow the interagency certification procedure.

36.1.2. Procedure

36.1.2.a. Certified seed that is produced in West Virginia and shipped out-of-state shall comply with the interagency seed certification procedure.

36.1.2.a.1. The interagency seed certification procedure is as follows:

36.1.2.a.1.a. An applicant shall complete Section (A) of "interagency certified seed" report. One copy of the "interagency certified seed" report shall be submitted to the department and one copy to the certifying agency where seed is being processed.

36.1.2.a.1.b. The applicant shall_mark each container with the lot number and field number.

36.1.2.a.1.c. If the department is to finalize certification, upon completion of seed processing, Section (B) of "interagency certified seed" must be completed and submitted to the department. A sample must be taken by the department and submitted to the department seed laboratory.

36.1.2.a.1.d. When West Virginia certification tags are used, the lot must be tagged and sealed under supervision of the department. The applicant must pay a mileage fee and hourly rate for all additional mileage and travel time required.

36.1.2.a.1.e. When West Virginia interagency tags are used, the tags must be mailed to the nearest representative of the certifying agency having jurisdiction for tagging.

36.1.2.a.1.f. If another state receives seed and finalizes certification, the department must advise the receiving state's certifying agency of certification eligibility. Sampling, testing, and tagging shall be in accordance with the receiving state's requirements.

36.1.2.a.1.g. The applicant for interagency seed certification is responsible for all fees authorized under West Virginia's certification program and any additional fees that may be assessed by both agencies involved. Fees for West Virginia's interagency certification program must be paid upon submission to the department of the "interagency certified seed" report, Section (A).

36.1.3. Seed Produced Out-of-State

36.1.3.a. Certified seed produced out-of-state and shipped into West Virginia for processing is eligible for West Virginia interagency tags only after obtaining approval from the certifying agency of the originating state. The seed shall then comply with West Virginia certification standards.

36.1.3.b. Certified seed produced out-of-state that is officially tagged and sealed shall be handled under the interagency program if seals are to be broken for reinoculation or other processing. The applicant for interagency seed certification shall obtain approval from the department prior to breaking the official seals and all operations shall be under the supervision of the certifying agency.

36.1.4. Blends

36.1.4.a. Blends of different origin can be authorized only after obtaining approval from the certifying agencies involved. Blends shall comply with blend standards established by the department. Interagency tags used shall show the percentage of each origin involved.

W. Va. Code R. § 61-39-36