Chapter 03. Seed Certification
Regulation .01 Purpose.LinkCopy Citation
The purpose of seed certification is to provide a system for maintaining, from the time seed is released by the breeder until it is available to the producer, the genetic purity of seed varieties resulting from natural selection or plant breeding. Maryland shall certify seed for varietal and mechanical purity and germination. The following certification regulations apply to all crops eligible for certification, and include specific regulations for certain crops.
Regulation .02 Definitions.LinkCopy Citation
A.
The following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Breeder seed” means a class of seed directly controlled by the originating or sponsoring plant breeding institution, person, or designee. Breeder seed is the source for the production of seed of all other classes of certified seed. In varietal purity, Breeder seed shall be equal to, or higher than, Foundation seed.
(2)
“Certified seed” means a class of seed that is the progeny of Breeder, Foundation, or Registered seed handled to maintain the standards of that class. Certified seed may not be used to produce Certified seed, except as provided in Regulation .04 of this chapter.
(3)
“Certifying agency” or “agency” means the Maryland Department of Agriculture.
(4)
“Classes of certified seed” means Breeder seed, Foundation seed, Registered seed, and Certified seed.
(5)
“Conditioning” means the cleaning of seed to remove inert matter, diseased seed, or other crop and weed seed.
(6)
“Foundation seed” means a class of seed that is the progeny of Breeder or Foundation seed and handled to maintain the standards of that class. Foundation seed may be used to produce Registered or Certified seed (see Regulation .14 of this chapter).
(7)
“Kind” means one or more related species or subspecies which singly or collectively is known by one common name.
(8)
“Official sample” means a sample taken by a representative of the certifying agency.
(9)
“Off-type” means plants or seeds that do not conform to one or more characteristics of a variety.
(10)
“Registered seed” means a class of seed that is the progeny of Breeder or Foundation seed and handled to maintain the standards of that class. Registered seed may be used for the production of Certified seed.
(11)
“Secretary” means the Secretary of Agriculture or the Secretary’s designee.
(12)
“Variety” means a subdivision of a kind characterized by growth, plant, fruit, seed, or any other character by which it can be differentiated from any other plant of the same kind.
Regulation .03 Eligibility Requirements for Certification of Varieties.LinkCopy Citation
A.
A variety that is approved by any of the following organizations is eligible for certification:
(1)
National Variety Review Board. A part of the Association of Official Seed Certifying Agencies that is responsible for determining that a variety merits certification by evaluating information furnished by the applicant.
(2)
Plant Variety Protection Office. A bureau within the U.S. Department of Agriculture that encourages the development of novel varieties of sexually reproduced plants.
(3)
Official Seed Certifying Agency. The agency responsible for directing seed certification activities within a state.
(4)
A variety determined by the Secretary to be eligible.
B.
Before a variety is eligible for certification by the agency, the breeder, owner, or other person shall provide the following information:
(1)
Name of variety;
(2)
A statement concerning origin of the variety and breeding procedures used in its development;
(3)
A description of the variety;
(4)
Disease and insect resistance, yield data, and any other data that may support its identity;
(5)
The area of adaptation of the variety;
(6)
The procedure for maintenance of seed classes, including the number of generations through which the variety may be multiplied;
(7)
A description of the manner in which the variety is constituted when a particular cycle or reproduction or multiplication is specified;
(8)
Additional restrictions on the variety, specified by the breeder, with respect to geographic area of seed production, age of stand (growing crop), or other factors affecting genetic purity; and
(9)
A seed sample representative of the variety, as marketed.
Regulation .04 Limited Generation System.LinkCopy Citation
A variety may be multiplied only as specified by the originating breeder or owner of the variety, but may not exceed two generations beyond the Foundation seed class, with the following exceptions:
A.
Recertification of Certified seed may be permitted at the discretion of the certifying agency for varieties when Foundation seed does not exist.
B.
In an emergency, a person may produce, if approved by the certifying agency before planting, an additional generation of Certified seed. An emergency exists when Foundation and Registered seed supplies are not available or are not adequate to plant the needed Certified acreage of a variety.
C.
Permission to recertify the Certified class shall be requested in sufficient time to allow the certifying agency to obtain permission from the originating or sponsoring plant breeder, institution, firm, or owner of the variety. Any additional generation of Certified seed beyond that permitted by this regulation to meet an emergency need is ineligible for recertification.
Regulation .05 Source of Seed.LinkCopy Citation
A.
Only a field planted with Breeder, Foundation, Registered, or Certified seed is eligible for certification. A certified tag and an analysis tag from each lot planted, and an invoice showing the amount of seed purchased, shall be submitted with the field inspection application. Each field shall be identified by variety and lot number of the seed source used to plant it.
B.
If the seed source is from the applicant's own production, the seed shall meet all requirements of this chapter for certification.
C.
On approval of the certifying agency, a seed lot rejected for non-genetic reasons may be used by the applicant for production of Certified seed, provided all remaining certification requirements are met.
Regulation .06 Field Inspection Application.LinkCopy Citation
A.
Each applicant shall provide the certifying agency with a completed application form. This form is available from the agency. A separate application shall be submitted for each variety and crop. Incomplete applications shall be rejected.
B.
The applicant shall define clearly the area or units of certification. It may be divided, subject to the requirements of this chapter, for each crop. Each field bounded by a fence or a road is considered a separate unit for identification purposes.
C.
Due dates include the following:
(1)
Inspection applications shall be received by the certifying agency not later than the following dates (see Regulation .14 of this chapter):
(a)
For barley, oat, rye and wheat—April 15;
(b)
For corn—June 1;
(c)
For red clover—July 15; and
(d)
For soybeans—September 1;
(2)
Late applications will be accepted at the discretion of the certifying agency (see Regulation .19 of this chapter for late fees);
(3)
An applicant may withdraw an inspection application on any field and receive an adjustment of fees by the agency, provided the withdrawal notice is received before the field is inspected by the certifying agency.
D.
The applicant shall indicate by diagram the location of the field or fields to be inspected. A road, farm lane, building, or other crop near a seed field shall be shown on the diagram. Each field shall be identified by a farm name or field number and shall correspond with the information provided on the inspection application.
E.
An applicant shall sign the application for inspection and certify the following:
(1)
That the information submitted for verification of seed eligibility is representative of the total amount of seed used and that the seed verified was planted on the field described on the application;
(2)
That all equipment involved with planting, harvesting, storing, conditioning, and handling of the seed was cleaned thoroughly before use; and
(3)
That the identity of the seed will be maintained, from harvest until it leaves the applicant's possession, through use of a numerical system, or some other identification system acceptable to the certifying agency.
Regulation .07 Field Inspection Procedures.LinkCopy Citation
A.
The certifying agency shall make at least one inspection of each field at a time when genetic purity can best be determined. The field shall be in a condition that permits an inspection to determine genetic purity (see certification requirements for each crop as provided by this chapter).
B.
If a representative of the certifying agency has not inspected the field within 72 hours of anticipated harvest, the grower shall notify the certifying agency by telephone and request inspection.
C.
The certifying agency shall notify the applicant within 72 hours of the date a small grain field for certification is to be inspected. The applicant shall then advise the agency whether or not any pesticide has been or will be applied to the field within 48 hours of the date the field is to be inspected. The applicant shall declare the name of the pesticide that has been or will be applied. An inspection may not be conducted until notification has been received from the applicant.
D.
A crop may not be harvested until the applicant has a copy of the field inspection report to verify that the field has been inspected.
E.
A field harvested before inspection by the certifying agency is not eligible for certification.
F.
Before inspection, the applicant should rogue each field for off-types, other crops, and weeds that otherwise would cause a field to be rejected for certification.
G.
Each field shall meet the land requirements for the crop being certified (see certification requirements for each crop as provided by this chapter).
H.
A field that fails to meet certification standards for varietal purity, other crops, or certain weeds may be rogued and the applicant may request a reinspection. A field shall be reinspected after it is rogued of weeds or other crops, but before the field is harvested. The agency shall charge the applicant a reinspection fee.
Regulation .08 Handling Certified Seed.LinkCopy Citation
A.
Planting, harvesting, storing, and conditioning equipment, including custom equipment, used in the production of Certified seed shall be cleaned thoroughly to prevent contamination. Equipment used in the production of Certified seed classes may be inspected by the certifying agency.
B.
If Registered and Certified seed of the same variety are stored together, the seed lot shall be tagged as Certified only.
C.
A person providing conditioning for any class of Certified seed shall comply with the following requirements:
(1)
Facilities shall be adequate to condition seed lots without contamination;
(2)
Each seed lot shall remain identified at all times;
(3)
Records of all conditioning operations relating to certification shall account for all incoming seed and its final disposition;
(4)
Each person shall maintain adequate records on the conditioning of all classes of Certified seed and shall permit inspection by the certifying agency;
(5)
Each conditioning business shall designate a contact person who is knowledgeable about the conditioning business; and
(6)
A person conditioning Maryland Certified seed shall have the facilities inspected and approved by the certifying agency before conditioning begins.
D.
Bagging.
(1)
All classes of Certified seed shall be put into new bags or containers, unless the certifying agency approves previously used bags or other containers before the bagging of the seed lot.
(2)
Bags or containers shall be securely closed by machine sewing, or other methods approved by the agency, to prevent contamination.
(3)
Bags containing seed that fails to meet certification requirements may not display statements implying certification when the seed is offered or exposed for sale.
(4)
The seed owner shall notify the certifying agency before opening a bag for the purpose of treating or reconditioning a seed lot.
(5)
On each bag of Certified seed, the kind, variety, and lot number shall be marked in a conspicuous place, or each bag shall be marked in a manner approved by the certifying agency.
Regulation .09 Seed Sampling.LinkCopy Citation
A.
Bin Sample. Seed for certification that has not been conditioned may be submitted by the applicant. Unconditioned samples shall be hand-screened before being submitted for a laboratory analysis.
B.
Official Sample. The certifying agency shall collect for laboratory analysis a sample from each lot eligible for certification, as follows:
(1)
Bagged Seed. The seed lot shall be conditioned and bagged before the applicant requests that an official sample be collected.
(2)
Bulk Seed. The seed lot shall be conditioned and stored by the applicant as stated in Regulation .13 of this chapter before an official sample is collected.
(3)
Seed shall be stored by the applicant so that a representative sample may be taken and an accurate bag count made.
(4)
A seed lot that has not been protected from contamination, or is not properly identified, shall be rejected for certification by the agency.
C.
Instead of the procedure specified under §B of this regulation, the applicant may submit a sample of the lot obtained by an automatic sampling device which has been approved by the agency.
D.
Bulk Seed That is Bagged. At the discretion of the certifying agency, bulk Certified seed that is bagged at a later date may be sampled by the agency for a laboratory analysis before the issuance of certification tags.
E.
Resampling.
(1)
One additional sample of a seed lot may be taken by the agency to assist in making a final determination as to the eligibility of a seed lot for certification.
(2)
The certifying agency may resample any lot of seed after certification tags have been issued to ensure the quality of the seed.
F.
Sampling Carryover Seed. Seed carried over from one planting season to the next shall be retested for germination rate and shall be labeled with the current germination rate and date of the test. The owner is responsible for requesting the certifying agency to resample any carryover Maryland Certified seed.
Regulation .10 Seed Labeling.LinkCopy Citation
A.
The following colors of Certified seed tags or labels are used by the agency to identify classes of Certified seed:
(1)
Breeder—white;
(2)
Foundation—white;
(3)
Registered—purple; and
(4)
Certified—blue.
B.
Seed advertised for sale or sold as a class of Maryland Certified seed shall have an official Maryland Certified seed tag securely affixed to each bag, before shipment, identifying the kind and variety, lot number, and grower number. For bulk Certified seed, see Regulation .13 of this chapter.
C.
An applicant may not ship a seed lot as certified to a person unless the applicant has an agency seed analysis report approving the seed lot for certification, and certified tags or labels are affixed to each container.
D.
Seed shipped without a certification tag affixed to each container is not certified and is not eligible for certification.
E.
An applicant may not mail certification tags to a buyer or to any other person.
F.
The following tagging methods are available:
(1)
One Tag. This tag carries the complete analysis of the seed lot and also serves as the certification tag.
(2)
Two Tags. A certification tag shall show the kind and variety, lot number, and grower number. An analysis tag showing purity analysis and germination rate, as required by the Maryland Seed Law, Agriculture Article, §9-207, Annotated Code of Maryland, shall accompany the certification tag. The analysis information may be printed on a tag furnished by the applicant or by the certifying agency.
G.
The applicant shall submit to the agency a request for certification tags or labels on a form provided by the agency.
H.
The applicant may request the agency to issue certification tags or labels before the seed is conditioned. The applicant shall affix these tags or labels at the time the seed is conditioned and bagged. The applicant may not remove seed labeled in this manner from the applicant's premises until the agency has tested and released the seed. The seed shall meet or exceed the labeled claims for which no tolerance is allowed.
I.
The applicant shall:
(1)
Label seed sold in mini-bulk and similar containers in a manner acceptable to the agency;
(2)
Affix the labels in:
(a)
A conspicuous location; and
(b)
Such a manner that the labels cannot be accidentally removed during transportation.
Regulation .11 Substandard Certified Seed.LinkCopy Citation
The certifying agency may, at its discretion, certify seed which fails to meet certification standards for reasons other than genetic purity. The certification tag or label shall identify the seed as “substandard seed” and shall indicate the reason for which the seed lot failed to meet certification standards. The agency shall only certify varieties protected under Title V of the Federal Seed Act as “substandard seed”. The agency may approve small grain seed as “substandard seed for germination” if the percent germination is within 5 percentage points of the minimum certified germination for that kind. The agency may not certify soybean seed as “substandard seed for germination”.
Regulation .12 Seed-Borne Diseases.LinkCopy Citation
At the time of inspection by the agency, each field containing a crop for which certification is requested may not contain seed-borne diseases in excess of the established tolerances, as provided in this chapter.
Regulation .13 Bulk Certification.LinkCopy Citation
A.
Field and seed certification requirements of this chapter that apply to bagged seed shall apply also to bulk seed.
B.
Under the certification program, only the Certified seed class may be sold as bulk. Recertification of bulk seed is not permitted.
C.
Small grains or soybeans are eligible for bulk certification.
D.
Storage of bulk Certified seed is limited to bins or containers that:
(1)
Have openings at the top for loading purposes; and
(2)
Can be securely sealed by the agency so that additional seed may not be added.
E.
Bulk sale certificates are issued to each applicant handling bulk seed. A bulk sale certificate shall accompany each load of Certified seed sold in bulk. Seed sold without a bulk sale certificate loses its identity as Certified seed. A copy of each bulk sale certificate shall be forwarded to the certifying agency by December 31 of each year for small grains and by July 31 of each year for soybeans.
F.
A bulk sale may be made only by the applicant to the consumer. Further bulk certification transfer is not permitted.
G.
It is the seller's responsibility to:
(1)
Handle the seed in a manner that will prevent mixtures and contamination;
(2)
Ensure that a bin, auger, conveyor, and other equipment is cleaned before storage or handling of Certified seed; and
(3)
Determine that the vehicle receiving bulk Certified seed is clean before loading begins. If it is not, this is to be noted on the transfer certificate.
H.
Bulk seed eligible for certification shall be clearly identified by the applicant at all times. The following apply:
(1)
Before certification is complete, the applicant shall affix a tag in a conspicuous place near each bulk storage area. This label is used to identify the:
(a)
Variety and kind;
(b)
Lot number or bin number;
(c)
Grower number or origin; and
(d)
Approximate number of bushels of seed eligible for certification.
(2)
After certification is complete, a certification tag indicating Certified seed status shall be attached to each bin or bulk storage area. The kind and variety, lot number or bin number, grower number or origin, number of bushels, purity analysis, germination rate and test date shall appear on a blue tag.
(3)
Each bin or bulk storage area is a separate lot.
(4)
An applicant may not transfer seed to any other bin without prior approval of the certifying agency.
Regulation .13-1 Transfer of Unconditioned Bulk Seed.LinkCopy Citation
A.
A bulk seed lot that has been approved by the agency for certification at the field inspection level may be transferred by the owner in bulk only to an agency-approved conditioner for conditioning and for final agency certification.
B.
A seed owner shall provide the conditioner with a copy of the agency field inspection report for each seed lot.
C.
Unless the agency gives prior approval, only one transfer is allowed for unconditioned bulk seed approved by the agency at the field inspection level.
Regulation .14 Foundation Seed Production.LinkCopy Citation
Foundation seed production shall meet the following criteria, in addition to those requirements established for each crop (see specific crop regulations provided by this chapter):
A.
Breeder seed:
(1)
May be used to produce Foundation seed;
(2)
Shall be produced at Maryland Agricultural Experiment Station farms, unless prior approval has been granted by the certifying agency to produce this seed elsewhere.
B.
At the agency's discretion, and if approved before planting, Foundation seed may be eligible for Foundation seed production.
C.
For a grower to be eligible to produce Foundation seed, the grower shall be approved by the certifying agency before seed is planted. A grower shall have the following qualifications:
(1)
The grower shall have produced Registered or Certified seed in past years;
(2)
The grower shall be producing Registered or Certified seed of the same variety, unless prior written approval has been granted by the certifying agency.
D.
Applications for Foundation seed production of small grains shall be received by April 1. The agency shall make several inspections of the crop during the growing season.
E.
Applications for Foundation seed production of soybeans shall be received by July 15. The agency shall make several inspections of the crop during the growing season and at maturity. For soybeans, at least one inspection during the growing season shall be made for flower color.
F.
Before conditioning Foundation seed, the conditioning facility shall be inspected and be approved by the certifying agency (see Regulation .08C of this chapter).
Regulation .15 Interagency Certification.LinkCopy Citation
A.
The requirements of this chapter apply when the certifying agency participates with an out-of-State agency in the seed certification process.
B.
The certifying agency may reject any seed lot for out-of-State interagency certification that fails the standards as described in this chapter, including standards relating to:
(1)
Rodent damage;
(2)
Insect damage;
(3)
Moisture damage;
(4)
Excessive disease;
(5)
Weed content;
(6)
Other crop contaminants;
(7)
Inert matter; or
(8)
Any other factor that affects the performance or quality of certified seed.
C.
Seed eligible for interagency certification shall be received by any person in containers carrying official certification labels, or carrying other evidence of its eligibility from an official out-of-State seed certifying agency, with the following information:
(1)
Variety and kind;
(2)
Quantity of seed;
(3)
Class of seed;
(4)
Lot number that corresponds to the previous certifying agency's record; and
(5)
Name and address of shipper.
D.
Tags issued by the certifying agency for interagency certification shall be serially numbered, or carry the certification identity number, and shall display clearly the certifying agencies involved, and the variety, kind, and class of seed.
Regulation .16 Complying with Federal and State Seed Laws.LinkCopy Citation
The applicant for certification shall maintain seed lot records and comply with all other requirements of federal and Maryland seed laws. When shipping seed interstate, it is the applicant's (shipper's) responsibility to know the receiving or destination state's seed laws. Information concerning federal or out-of-State seed laws is available from the certifying agency.
Regulation .17 Violations.LinkCopy Citation
The Secretary may refuse to certify the seed of an applicant who violates any provision of this chapter.
Regulation .18 Certification Requirements for Specific Crops.LinkCopy Citation
A.
Soybean Seed Certification. In addition to the other requirements of this chapter, the following requirements apply to the certification of soybean seed:
(1)
Varieties Per Grower. Not more than two varieties may be produced by each grower, unless permission is granted by the certifying agency. The two varieties grown shall differ in maturity class, pubescence color, or hilum color.
(2)
Land Requirements. Soybeans shall be grown on land where the previous crop was not soybeans unless the previous crop was:
(a)
Planted with a class of Certified seed of the same variety; or
(b)
Soybeans of a contrasting pubescence and hilum color.
(3)
Isolation.
(a)
If a field of soybeans is to be certified, it shall be separated on all sides by at least 5 feet from any other soybean variety.
(b)
When it is necessary to remove a strip of the crop to obtain plant isolation, the part removed shall be cut from the field that is to be inspected by the agency for certification.
(4)
Field Inspection.
(a)
A field inspection will be made by the certifying agency when plant leaves have dropped and the crop is approaching maturity. Also, a field inspection may be made at blossom time.
(b)
A field harvested before inspection is not eligible for certification.
(c)
The agency may reject a field containing a crop that is lodged or if the field has excessive weeds so that it is difficult for the inspection to determine the genetic purity of the crop.
(5)
Field Inspection Standards for Soybeans.
(6)
Seed Standards.
(7)
Maximum Lot Size. The size of each lot of certified soybean seed is limited to 2,000 bushels or that quantity of seed, produced by an individual grower, that has been conditioned at the time an official sample is collected. A sample may be collected for each 2,000 bushels in the lot. If the seed is treated, the entire lot shall be treated with the same treatment or combination of treatments.
(8)
Before issuing new certification tags for seed carried over from the previous planting season, the Department shall perform an accelerated aging test and a warm germination test for each official sample. These tests shall be conducted after February 1. For each sample, the minimum germination shall be 80 percent and a minimum 75 percent germination following accelerated aging.
B.
Small Grain Seed Certification. In addition to the other requirements of this chapter, the following requirements apply to the certification of small grain seed:
(1)
Varieties Per Grower. Not more than two varieties may be produced by each grower, unless written permission is granted by the certifying agency before planting.
(2)
Land Requirements. If a small grain crop is to be certified, it may not be grown on land that produced a small grain crop the previous year, unless that previous crop was grown from a class of Certified seed of the same variety. Double-cropping or plowing between small grain crops does not change this requirement.
(3)
Isolation Requirements.
(a)
If a field of barley or oat is to be certified, it shall be separated on all sides by at least 10 feet from other small grain crops or varieties.
(b)
If a field of rye is to be certified, it shall be isolated by at least 660 feet from a rye field of any other variety, or a field of the same variety that does not meet certification regulations in this chapter.
(c)
If a field of wheat is to be certified, the field shall be separated by the applicant on all sides by at least 10 feet from other small grain crops or varieties, except when the other small grain crop is rye, in which case the field of wheat shall be separated on all sides by at least 660 feet.
(d)
If it is necessary to remove a strip of the crop to obtain proper isolation, the part removed shall be cut from the field to be inspected for certification.
(4)
Field Inspection.
(a)
A field inspection shall be made by the certifying agency when the crop is fully headed and approaching maturity.
(b)
A field harvested before inspection is not eligible for certification.
(c)
The agency may reject a field that contains a crop that is lodged or has excessive weeds that makes it difficult to determine the genetic purity of the crop.
(5)
Field Inspection Standards for Barley, Oat, Rye, Wheat.
(6)
Seed Standards for Barley, Oat, Rye, Wheat.
(7)
Maximum Lot Size. The size of each lot of certified small grain seed is limited to 2,000 bushels or that quantity of seed, produced by an individual grower, that has been conditioned at the time an official sample is collected. A sample may be collected for each 2,000 bushels in the lot.
C.
Corn Seed Certification—Hybrids, Foundation Single-Crosses and Inbred Lines. In addition to the other requirements of this chapter, the following requirements apply to corn seed certification:
(1)
Definitions.
(a)
“Foundation single-cross” means a single-cross used in the production of a double-cross or a three-way cross. A Foundation single-cross, to be eligible for certification, shall be produced using inbred lines from sources such that their identity may be assured and approved by the certifying agency.
(b)
“Hybrid corn” means seed of corn planted for any use except seed production. It may be any one of the following types:
(i)
“Single-cross” means the first generation hybrid between two inbred lines;
(ii)
“Double-cross” means the first generation hybrid between two single-crosses;
(iii)
“Three-way cross” means the first generation hybrid between a single-cross and an inbred line.
(c)
“Inbred line” means a relatively true-breeding strain resulting from at least five successive generations of controlled self-fertilization or of back-crossing to a recurrent parent with selection, or its equivalent, for specific characteristics. To be eligible for certification, the inbred line shall be from a source such that its identity may be assured and approved by the certifying agency.
(2)
Classes of Seed.
(a)
Only the Certified class is recognized in hybrid corn. Hybrid corn shall be produced from seed that has been grown under conditions that ensure its purity and trueness to type and shall be approved by the certifying agency. Proof of the restoring ability of the line shall be supplied by the originator.
(b)
A Foundation single-cross shall consist of the first generation hybrid between two inbred lines to be used in the production of the double or three-way cross. A Foundation single-cross shall be made from Foundation inbreds approved by the certifying agency.
(3)
Land Requirements. There is no limitation as to the previous crop.
(4)
Field Standards.
(a)
Field Inspection. At least one inspection shall be made by the certifying agency during the pollination period.
(b)
Isolation—Foundation Single-Crosses and Inbred Lines.
(i)
An increase field of an inbred line that is male sterile or fertile, or a production field of a specific Foundation single-cross involving either male sterile or fertile lines, shall be isolated by at least 600 feet from any other kind of corn, except isolation is not required for the production of hand-pollinated seed.
(ii)
Adequate natural barriers and differential maturity dates are permitted for modifying isolation distance for both inbreds and single crosses, provided there are not silks in the seed field at the time pollen is being shed in the contaminating field.
(c)
Isolation—Hybrid Corn.
(i)
A specific hybrid to be accepted for certification shall be located so that the seed parent is at least 660 feet from other corn of a different color or texture. However, the distance may be modified by the planting of pollen parent border rows, the number of which is to be determined by the acreage of the specific cross in accordance with the following table:
(ii)
Adequate natural barriers are permitted for modifying isolation distances, as approved by the certifying agency.
(iii)
Differential maturity dates are permitted for modifying isolation distances, provided there are not receptive silks in the ear parent at the same time pollen is being shed in the contaminating field.
When the acreage of a crossing field of a specific hybrid is:
(d)
Specific Standards—Male Sterile Ear Parent. A male sterile ear parent may be used to produce Certified hybrid corn seed by either of the following two methods:
(i)
Seed of the normal fertile ear parent shall be mixed with the seed of the male sterile ear parent of the same pedigree either by blending in the field at harvest or by size at processing time. The ratio of male sterile ear parent seed to normal ear parent seed may not exceed 2:1.
(ii)
The pollen parent shall involve a certified pollen-restoring line or lines so that not less than 1/3 of the plants grown from hybrid corn seed produce pollen which appears to be normal in quantity and viability.
(e)
Specific Standards—Detasseling or Pollen Control. The following requirements apply when 5 percent or more of the seed parent plants have receptive silks:
(i)
A hybrid shall be disqualified for certification if more than 1 percent of the seed parent stalks have shed pollen at the time of any one inspection or if the total for three inspections on different dates exceeds 2 percent.
(ii)
Sucker tassels, portions of tassels, or tassels on main plants shall be counted when 2 inches or more of the central stem, side branches, or a combination of the two, have the anthers extended from the glumes and are shedding pollen.
(f)
Other varieties and off-type plants in Foundation single-cross and inbred lines shall meet the following requirements:
(i)
A field that contains, at any one inspection, more than 0.1 percent of off-type or more than 2 percent of doubtful type plants that have shed, or are shedding, pollen when 5 percent or more of the plants in the field have receptive silks may not be certified by the agency.
(ii)
A plant shedding pollen in male sterile rows shall be destroyed at pollination time to eliminate the possibility of seed production.
(5)
Seed Standards.
(a)
Bin Inspection. For Foundation single-crosses and inbred lines the tolerance for other varieties or off-types is 0.1 percent or a total of 25 off-colored or different textured kernels per 1,000 ears.
(b)
Foundation and Hybrid Corn Seed Standards.
(i)
Table:
(ii)
Seed shall be graded to ensure uniform planting and treated with a recommended fungicide.
D.
Red Clover Seed Certification. In addition to the other requirements of this chapter, the following requirements apply to red clover seed certification:
(1)
Land Requirements.
(a)
For Foundation seed production, the land used shall have been free of red clover for the past 5 years.
(b)
For Certified seed production, the land used shall have been free of red clover for at least 3 years, except that this time may be shortened by 1 year if two cultivated crops or clean fallow intervened.
(c)
There is no Registered class of seed.
(d)
Manure or contaminating material may not be applied 1 year preceding or during the establishment and production period of the crop. Grazing of livestock that permits the distribution of contaminating seed is not allowed.
(2)
Field Standards.
(a)
The agency shall make at least one field inspection at blooming time each year that certification is requested.
(b)
Isolation Distance.
(i)
As provided in the following table, each field for Foundation or Certified seed shall have a minimum isolation distance from a field of any other variety or from a field of the same variety that does not meet the varietal purity requirements for certification:
(ii)
Isolation between classes of the same variety shall be 25 percent of the distances in §D(2)(b)(i), above.
(c)
Each field of red clover may produce only two seed crops in any given generation.
(d)
Specific Standards.
(3)
Seed Standards.
Regulation .19 Fees.LinkCopy Citation
Agency fees for field inspection and tagging of bagged and bulk seed are as follows:
A.
Field Inspection.
(1)
Small grains, soybean, and red clover:
(a)
$1.75 an acre;
(b)
$25 minimum charge for each variety produced;
(2)
Hybrid corn — $3 an acre;
(3)
Other crops — Certification fees for other crops not listed above shall be based upon the actual costs of performing any necessary inspection work;
(4)
Reinspection fee — $25 for each variety.
B.
Late fee — $20 for each variety plus travel costs, if any. For any application received after the due date for that crop, a grower shall pay a late fee.
C.
Bulk certification fee — 14 cents for each unit of seed certified in bulk delivery, including minibulk and similar containers. A unit of barley shall weigh 48 pounds, a unit of wheat shall weigh 50 pounds, and a unit of soybeans shall weigh 60 pounds. The agency shall provide one tag or label for each container.
D.
Tag and label fees — For seed packaged in bags of 2 bushels or less, $2 per lot per printing plus 14 cents for each certified tag or 14 cents for each certified label issued to the applicant.
E.
The certifying agency shall deliver certification tags and labels by the most efficient means as determined by the agency. Any charges for delivery of tags and labels shall be paid by the applicant.
Chapter annotations
Authority: Agriculture Article, §9-202, Annotated Code of Maryland
History: Effective date: June 30, 1986 (13:13 Md. R. 1494)
History: Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)
History: Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)
History: Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)
History: Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)
History: Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)
History: Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)
History: Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)
History: Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)
History: Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)
History: Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)
History: Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)
History: Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)
History: Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)
History: Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)
History: Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
History: Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)
History: Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)
History: Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
History: Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)