W. Va. Code R. § 61-39-37

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

Section 61-39-37 - Other Considerations in Applying the Standards for Certification

37.1. Any crop certification standard, with the exception of germination, that is expressed as a percent will be derived from a test based on the minimum weight for purity analysis as specified in the AOSA rules for that crop unless otherwise specified in rule.

37.2. Any crop certification standard that is based on a number per pound will be derived from a test based on the minimum weight for noxious weed seed examination as specified in the AOSA rules for that crop unless otherwise specified in rule.

37.3. For species that have a high rate of inherent dormancy, it will be acceptable to use the percent of total viability instead of germination percentage for certification only. State and federal seed laws require seed be labeled on a germination test.

37.4. For species or varieties that contain GMO (genetically modified organism) traits, herbicide resistant traits, or other novel traits, each seed lot shall be required to meet minimum trait standards as defined by the breeder or trait owner. The variety description shall define the trait. To determine the level of trait present, a test such as PCR (polymerase chain reaction) or specified bioassay test shall be required. If a test is not otherwise available the variety owner must provide testing protocols to the department.

W. Va. Code R. § 61-39-37