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<chapter num="03" heading="Seed Certification" title_num="15" subtitle_num="08">
  <regulation prefix="Regulation" num=".01" heading="Purpose.">
    <text>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.</text>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Definitions.">
    <paragraph num="A.">
      <text>The following terms have the meanings indicated.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Terms Defined.</text>
      <paragraph num="(1)">
        <text>“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.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>“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.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>“Certifying agency” or “agency” means the Maryland Department of Agriculture.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>“Classes of certified seed” means Breeder seed, Foundation seed, Registered seed, and Certified seed.</text>
      </paragraph>
      <paragraph num="(5)">
        <text>“Conditioning” means the cleaning of seed to remove inert matter, diseased seed, or other crop and weed seed.</text>
      </paragraph>
      <paragraph num="(6)">
        <text>“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).</text>
      </paragraph>
      <paragraph num="(7)">
        <text>“Kind” means one or more related species or subspecies which singly or collectively is known by one common name.</text>
      </paragraph>
      <paragraph num="(8)">
        <text>“Official sample” means a sample taken by a representative of the certifying agency.</text>
      </paragraph>
      <paragraph num="(9)">
        <text>“Off-type” means plants or seeds that do not conform to one or more characteristics of a variety.</text>
      </paragraph>
      <paragraph num="(10)">
        <text>“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.</text>
      </paragraph>
      <paragraph num="(11)">
        <text>“Secretary” means the Secretary of Agriculture or the Secretary’s designee.</text>
      </paragraph>
      <paragraph num="(12)">
        <text>“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.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Eligibility Requirements for Certification of Varieties.">
    <paragraph num="A.">
      <text>A variety that is approved by any of the following organizations is eligible for certification:</text>
      <paragraph num="(1)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Plant Variety Protection Office. A bureau within the U.S. Department of Agriculture that encourages the development of novel varieties of sexually reproduced plants.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Official Seed Certifying Agency. The agency responsible for directing seed certification activities within a state.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>A variety determined by the Secretary to be eligible.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>Before a variety is eligible for certification by the agency, the breeder, owner, or other person shall provide the following information:</text>
      <paragraph num="(1)">
        <text>Name of variety;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>A statement concerning origin of the variety and breeding procedures used in its development;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>A description of the variety;</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Disease and insect resistance, yield data, and any other data that may support its identity;</text>
      </paragraph>
      <paragraph num="(5)">
        <text>The area of adaptation of the variety;</text>
      </paragraph>
      <paragraph num="(6)">
        <text>The procedure for maintenance of seed classes, including the number of generations through which the variety may be multiplied;</text>
      </paragraph>
      <paragraph num="(7)">
        <text>A description of the manner in which the variety is constituted when a particular cycle or reproduction or multiplication is specified;</text>
      </paragraph>
      <paragraph num="(8)">
        <text>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</text>
      </paragraph>
      <paragraph num="(9)">
        <text>A seed sample representative of the variety, as marketed.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".04" heading="Limited Generation System.">
    <text>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:</text>
    <paragraph num="A.">
      <text>Recertification of Certified seed may be permitted at the discretion of the certifying agency for varieties when Foundation seed does not exist.</text>
    </paragraph>
    <paragraph num="B.">
      <text>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.</text>
    </paragraph>
    <paragraph num="C.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".05" heading="Source of Seed.">
    <paragraph num="A.">
      <text>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.</text>
    </paragraph>
    <paragraph num="B.">
      <text>If the seed source is from the applicant's own production, the seed shall meet all requirements of this chapter for certification.</text>
    </paragraph>
    <paragraph num="C.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".06" heading="Field Inspection Application.">
    <paragraph num="A.">
      <text>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.</text>
    </paragraph>
    <paragraph num="B.">
      <text>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.</text>
    </paragraph>
    <paragraph num="C.">
      <text>Due dates include the following:</text>
      <paragraph num="(1)">
        <text>Inspection applications shall be received by the certifying agency not later than the following dates (see Regulation .14 of this chapter):</text>
        <paragraph num="(a)">
          <text>For barley, oat, rye and wheat—April 15;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>For corn—June 1;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>For red clover—July 15; and</text>
        </paragraph>
        <paragraph num="(d)">
          <text>For soybeans—September 1;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>Late applications will be accepted at the discretion of the certifying agency (see Regulation .19 of this chapter for late fees);</text>
      </paragraph>
      <paragraph num="(3)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>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.</text>
    </paragraph>
    <paragraph num="E.">
      <text>An applicant shall sign the application for inspection and certify the following:</text>
      <paragraph num="(1)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>That all equipment involved with planting, harvesting, storing, conditioning, and handling of the seed was cleaned thoroughly before use; and</text>
      </paragraph>
      <paragraph num="(3)">
        <text>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.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".07" heading="Field Inspection Procedures.">
    <paragraph num="A.">
      <text>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).</text>
    </paragraph>
    <paragraph num="B.">
      <text>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.</text>
    </paragraph>
    <paragraph num="C.">
      <text>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.</text>
    </paragraph>
    <paragraph num="D.">
      <text>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.</text>
    </paragraph>
    <paragraph num="E.">
      <text>A field harvested before inspection by the certifying agency is not eligible for certification.</text>
    </paragraph>
    <paragraph num="F.">
      <text>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.</text>
    </paragraph>
    <paragraph num="G.">
      <text>Each field shall meet the land requirements for the crop being certified (see certification requirements for each crop as provided by this chapter).</text>
    </paragraph>
    <paragraph num="H.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".08" heading="Handling Certified Seed.">
    <paragraph num="A.">
      <text>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.</text>
    </paragraph>
    <paragraph num="B.">
      <text>If Registered and Certified seed of the same variety are stored together, the seed lot shall be tagged as Certified only.</text>
    </paragraph>
    <paragraph num="C.">
      <text>A person providing conditioning for any class of Certified seed shall comply with the following requirements:</text>
      <paragraph num="(1)">
        <text>Facilities shall be adequate to condition seed lots without contamination;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Each seed lot shall remain identified at all times;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Records of all conditioning operations relating to certification shall account for all incoming seed and its final disposition;</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Each person shall maintain adequate records on the conditioning of all classes of Certified seed and shall permit inspection by the certifying agency;</text>
      </paragraph>
      <paragraph num="(5)">
        <text>Each conditioning business shall designate a contact person who is knowledgeable about the conditioning business; and</text>
      </paragraph>
      <paragraph num="(6)">
        <text>A person conditioning Maryland Certified seed shall have the facilities inspected and approved by the certifying agency before conditioning begins.</text>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>Bagging.</text>
      <paragraph num="(1)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Bags or containers shall be securely closed by machine sewing, or other methods approved by the agency, to prevent contamination.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Bags containing seed that fails to meet certification requirements may not display statements implying certification when the seed is offered or exposed for sale.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>The seed owner shall notify the certifying agency before opening a bag for the purpose of treating or reconditioning a seed lot.</text>
      </paragraph>
      <paragraph num="(5)">
        <text>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.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".09" heading="Seed Sampling.">
    <paragraph num="A.">
      <text>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.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Official Sample. The certifying agency shall collect for laboratory analysis a sample from each lot eligible for certification, as follows:</text>
      <paragraph num="(1)">
        <text>Bagged Seed. The seed lot shall be conditioned and bagged before the applicant requests that an official sample be collected.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Seed shall be stored by the applicant so that a representative sample may be taken and an accurate bag count made.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>A seed lot that has not been protected from contamination, or is not properly identified, shall be rejected for certification by the agency.</text>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>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.</text>
    </paragraph>
    <paragraph num="D.">
      <text>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.</text>
    </paragraph>
    <paragraph num="E.">
      <text>Resampling.</text>
      <paragraph num="(1)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The certifying agency may resample any lot of seed after certification tags have been issued to ensure the quality of the seed.</text>
      </paragraph>
    </paragraph>
    <paragraph num="F.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".10" heading="Seed Labeling.">
    <paragraph num="A.">
      <text>The following colors of Certified seed tags or labels are used by the agency to identify classes of Certified seed:</text>
      <paragraph num="(1)">
        <text>Breeder—white;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Foundation—white;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Registered—purple; and</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Certified—blue.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>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.</text>
    </paragraph>
    <paragraph num="C.">
      <text>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.</text>
    </paragraph>
    <paragraph num="D.">
      <text>Seed shipped without a certification tag affixed to each container is not certified and is not eligible for certification.</text>
    </paragraph>
    <paragraph num="E.">
      <text>An applicant may not mail certification tags to a buyer or to any other person.</text>
    </paragraph>
    <paragraph num="F.">
      <text>The following tagging methods are available:</text>
      <paragraph num="(1)">
        <text>One Tag. This tag carries the complete analysis of the seed lot and also serves as the certification tag.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="G.">
      <text>The applicant shall submit to the agency a request for certification tags or labels on a form provided by the agency.</text>
    </paragraph>
    <paragraph num="H.">
      <text>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.</text>
    </paragraph>
    <paragraph num="I.">
      <text>The applicant shall:</text>
      <paragraph num="(1)">
        <text>Label seed sold in mini-bulk and similar containers in a manner acceptable to the agency;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Affix the labels in:</text>
        <paragraph num="(a)">
          <text>A conspicuous location; and</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Such a manner that the labels cannot be accidentally removed during transportation.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".11" heading="Substandard Certified Seed.">
    <text>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”.</text>
  </regulation>
  <regulation prefix="Regulation" num=".12" heading="Seed-Borne Diseases.">
    <text>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.</text>
  </regulation>
  <regulation prefix="Regulation" num=".13" heading="Bulk Certification.">
    <paragraph num="A.">
      <text>Field and seed certification requirements of this chapter that apply to bagged seed shall apply also to bulk seed.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Under the certification program, only the Certified seed class may be sold as bulk. Recertification of bulk seed is not permitted.</text>
    </paragraph>
    <paragraph num="C.">
      <text>Small grains or soybeans are eligible for bulk certification.</text>
    </paragraph>
    <paragraph num="D.">
      <text>Storage of bulk Certified seed is limited to bins or containers that:</text>
      <paragraph num="(1)">
        <text>Have openings at the top for loading purposes; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Can be securely sealed by the agency so that additional seed may not be added.</text>
      </paragraph>
    </paragraph>
    <paragraph num="E.">
      <text>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.</text>
    </paragraph>
    <paragraph num="F.">
      <text>A bulk sale may be made only by the applicant to the consumer. Further bulk certification transfer is not permitted.</text>
    </paragraph>
    <paragraph num="G.">
      <text>It is the seller's responsibility to:</text>
      <paragraph num="(1)">
        <text>Handle the seed in a manner that will prevent mixtures and contamination;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Ensure that a bin, auger, conveyor, and other equipment is cleaned before storage or handling of Certified seed; and</text>
      </paragraph>
      <paragraph num="(3)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="H.">
      <text>Bulk seed eligible for certification shall be clearly identified by the applicant at all times. The following apply:</text>
      <paragraph num="(1)">
        <text>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:</text>
        <paragraph num="(a)">
          <text>Variety and kind;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Lot number or bin number;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Grower number or origin; and</text>
        </paragraph>
        <paragraph num="(d)">
          <text>Approximate number of bushels of seed eligible for certification.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Each bin or bulk storage area is a separate lot.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>An applicant may not transfer seed to any other bin without prior approval of the certifying agency.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".13-1" heading="Transfer of Unconditioned Bulk Seed.">
    <paragraph num="A.">
      <text>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.</text>
    </paragraph>
    <paragraph num="B.">
      <text>A seed owner shall provide the conditioner with a copy of the agency field inspection report for each seed lot.</text>
    </paragraph>
    <paragraph num="C.">
      <text>Unless the agency gives prior approval, only one transfer is allowed for unconditioned bulk seed approved by the agency at the field inspection level.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".14" heading="Foundation Seed Production.">
    <text>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):</text>
    <paragraph num="A.">
      <text>Breeder seed:</text>
      <paragraph num="(1)">
        <text>May be used to produce Foundation seed;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Shall be produced at Maryland Agricultural Experiment Station farms, unless prior approval has been granted by the certifying agency to produce this seed elsewhere.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>At the agency's discretion, and if approved before planting, Foundation seed may be eligible for Foundation seed production.</text>
    </paragraph>
    <paragraph num="C.">
      <text>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:</text>
      <paragraph num="(1)">
        <text>The grower shall have produced Registered or Certified seed in past years;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The grower shall be producing Registered or Certified seed of the same variety, unless prior written approval has been granted by the certifying agency.</text>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>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.</text>
    </paragraph>
    <paragraph num="E.">
      <text>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.</text>
    </paragraph>
    <paragraph num="F.">
      <text>Before conditioning Foundation seed, the conditioning facility shall be inspected and be approved by the certifying agency (see Regulation .08C of this chapter).</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".15" heading="Interagency Certification.">
    <paragraph num="A.">
      <text>The requirements of this chapter apply when the certifying agency participates with an out-of-State agency in the seed certification process.</text>
    </paragraph>
    <paragraph num="B.">
      <text>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:</text>
      <paragraph num="(1)">
        <text>Rodent damage;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Insect damage;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Moisture damage;</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Excessive disease;</text>
      </paragraph>
      <paragraph num="(5)">
        <text>Weed content;</text>
      </paragraph>
      <paragraph num="(6)">
        <text>Other crop contaminants;</text>
      </paragraph>
      <paragraph num="(7)">
        <text>Inert matter; or</text>
      </paragraph>
      <paragraph num="(8)">
        <text>Any other factor that affects the performance or quality of certified seed.</text>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>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:</text>
      <paragraph num="(1)">
        <text>Variety and kind;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Quantity of seed;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Class of seed;</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Lot number that corresponds to the previous certifying agency's record; and</text>
      </paragraph>
      <paragraph num="(5)">
        <text>Name and address of shipper.</text>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".16" heading="Complying with Federal and State Seed Laws.">
    <text>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.</text>
  </regulation>
  <regulation prefix="Regulation" num=".17" heading="Violations.">
    <text>The Secretary may refuse to certify the seed of an applicant who violates any provision of this chapter.</text>
  </regulation>
  <regulation prefix="Regulation" num=".18" heading="Certification Requirements for Specific Crops.">
    <paragraph num="A.">
      <text>Soybean Seed Certification. In addition to the other requirements of this chapter, the following requirements apply to the certification of soybean seed:</text>
      <paragraph num="(1)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Land Requirements. Soybeans shall be grown on land where the previous crop was not soybeans unless the previous crop was:</text>
        <paragraph num="(a)">
          <text>Planted with a class of Certified seed of the same variety; or</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Soybeans of a contrasting pubescence and hilum color.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(3)">
        <text>Isolation.</text>
        <paragraph num="(a)">
          <text>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.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>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.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(4)">
        <text>Field Inspection.</text>
        <paragraph num="(a)">
          <text>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.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>A field harvested before inspection is not eligible for certification.</text>
        </paragraph>
        <paragraph num="(c)">
          <text>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.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(5)">
        <text>Field Inspection Standards for Soybeans.</text>
      </paragraph>
      <paragraph num="(6)">
        <text>Seed Standards.</text>
      </paragraph>
      <paragraph num="(7)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(8)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>Small Grain Seed Certification. In addition to the other requirements of this chapter, the following requirements apply to the certification of small grain seed:</text>
      <paragraph num="(1)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Isolation Requirements.</text>
        <paragraph num="(a)">
          <text>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.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>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.</text>
        </paragraph>
        <paragraph num="(c)">
          <text>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.</text>
        </paragraph>
        <paragraph num="(d)">
          <text>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.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(4)">
        <text>Field Inspection.</text>
        <paragraph num="(a)">
          <text>A field inspection shall be made by the certifying agency when the crop is fully headed and approaching maturity.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>A field harvested before inspection is not eligible for certification.</text>
        </paragraph>
        <paragraph num="(c)">
          <text>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.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(5)">
        <text>Field Inspection Standards for Barley, Oat, Rye, Wheat.</text>
      </paragraph>
      <paragraph num="(6)">
        <text>Seed Standards for Barley, Oat, Rye, Wheat.</text>
      </paragraph>
      <paragraph num="(7)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>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:</text>
      <paragraph num="(1)">
        <text>Definitions.</text>
        <paragraph num="(a)">
          <text>“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.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>“Hybrid corn” means seed of corn planted for any use except seed production. It may be any one of the following types:</text>
          <paragraph num="(i)">
            <text>“Single-cross” means the first generation hybrid between two inbred lines;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>“Double-cross” means the first generation hybrid between two single-crosses;</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>“Three-way cross” means the first generation hybrid between a single-cross and an inbred line.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(c)">
          <text>“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.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>Classes of Seed.</text>
        <paragraph num="(a)">
          <text>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.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>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.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(3)">
        <text>Land Requirements. There is no limitation as to the previous crop.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Field Standards.</text>
        <paragraph num="(a)">
          <text>Field Inspection. At least one inspection shall be made by the certifying agency during the pollination period.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Isolation—Foundation Single-Crosses and Inbred Lines.</text>
          <paragraph num="(i)">
            <text>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.</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>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.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(c)">
          <text>Isolation—Hybrid Corn.</text>
          <paragraph num="(i)">
            <text>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:</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Adequate natural barriers are permitted for modifying isolation distances, as approved by the certifying agency.</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>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.</text>
          </paragraph>
          <aftertext>When the acreage of a crossing field of a specific hybrid is:</aftertext>
        </paragraph>
        <paragraph num="(d)">
          <text>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:</text>
          <paragraph num="(i)">
            <text>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.</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>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.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(e)">
          <text>Specific Standards—Detasseling or Pollen Control. The following requirements apply when 5 percent or more of the seed parent plants have receptive silks:</text>
          <paragraph num="(i)">
            <text>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.</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>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.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(f)">
          <text>Other varieties and off-type plants in Foundation single-cross and inbred lines shall meet the following requirements:</text>
          <paragraph num="(i)">
            <text>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.</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>A plant shedding pollen in male sterile rows shall be destroyed at pollination time to eliminate the possibility of seed production.</text>
          </paragraph>
        </paragraph>
      </paragraph>
      <paragraph num="(5)">
        <text>Seed Standards.</text>
        <paragraph num="(a)">
          <text>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.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Foundation and Hybrid Corn Seed Standards.</text>
          <paragraph num="(i)">
            <text>Table:</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Seed shall be graded to ensure uniform planting and treated with a recommended fungicide.</text>
          </paragraph>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>Red Clover Seed Certification. In addition to the other requirements of this chapter, the following requirements apply to red clover seed certification:</text>
      <paragraph num="(1)">
        <text>Land Requirements.</text>
        <paragraph num="(a)">
          <text>For Foundation seed production, the land used shall have been free of red clover for the past 5 years.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>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.</text>
        </paragraph>
        <paragraph num="(c)">
          <text>There is no Registered class of seed.</text>
        </paragraph>
        <paragraph num="(d)">
          <text>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.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>Field Standards.</text>
        <paragraph num="(a)">
          <text>The agency shall make at least one field inspection at blooming time each year that certification is requested.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Isolation Distance.</text>
          <paragraph num="(i)">
            <text>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:</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Isolation between classes of the same variety shall be 25 percent of the distances in §D(2)(b)(i), above.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(c)">
          <text>Each field of red clover may produce only two seed crops in any given generation.</text>
        </paragraph>
        <paragraph num="(d)">
          <text>Specific Standards.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(3)">
        <text>Seed Standards.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".19" heading="Fees.">
    <text>Agency fees for field inspection and tagging of bagged and bulk seed are as follows:</text>
    <paragraph num="A.">
      <text>Field Inspection.</text>
      <paragraph num="(1)">
        <text>Small grains, soybean, and red clover:</text>
        <paragraph num="(a)">
          <text>$1.75 an acre;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>$25 minimum charge for each variety produced;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>Hybrid corn — $3 an acre;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Other crops — Certification fees for other crops not listed above shall be based upon the actual costs of performing any necessary inspection work;</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Reinspection fee — $25 for each variety.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>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.</text>
    </paragraph>
    <paragraph num="C.">
      <text>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.</text>
    </paragraph>
    <paragraph num="D.">
      <text>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.</text>
    </paragraph>
    <paragraph num="E.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <annotations>
    <annotation type="Authority">Agriculture Article, §9-202, Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: June 30, 1986 (13:13 Md. R. 1494)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)</annotation>
    <annotation type="History" subtype="Administrative History">Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)</annotation>
    <annotation type="History" subtype="Administrative 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)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)</annotation>
    <annotation type="History" subtype="Administrative 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)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)</annotation>
    <annotation type="History" subtype="Administrative 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)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)</annotation>
  </annotations>
</chapter>