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s 3810. Nonapproved Cotton Breeding Programs.
(a) Location. Each applicant conducting a breeding program with nonapproved cotton within the District shall be restricted to planting the introductions of germ plasm or genetic material, at no more than five (5) locations, totaling no more than one hundred (100) acres. Each planting shall be at least one-half (1/2) mile removed from any Acala or Pima planting cottonseed production area.
(b) Application. Application for permission to conduct a breeding program shall be made annually in writing to the director on or before January 15 of each year to provide for Board review and comment as required by section 3820, article 5. A plot map detailing the specific location(s) including Township, Range, section, and acreage of said proposed breeding plot(s) shall be filed with the director by February 15 of each year, so that the director may determine that the proposed location(s) does not fall within the isolation area designated in section 3810(a).
Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code.
s 3811. Nonapproved Cotton Performance Testing.
(a) Location. Nonapproved cotton, for which initial crosses or evaluation have been made in a breeding program within the District, may be performance tested by an applicant at no more than eight (8) locations for a total of not more than two hundred (200) acres. Each planting shall be at least one-half (1/2) mile removed from any Acala or Pima planting cottonseed production area. Any approved cotton acreage within the test locations shall be included when computing the two hundred (200) acre limit.
(b) Application. Applications for permission to conduct nonapproved cotton performance testing shall be in writing to the director annually on or before January 15 of each year to provide for Board review and comment as required by Section 3820, Article 5. A plot map detailing the specific location(s) including Township, Range, Section, and acreage of the proposed planting(s) shall be received by the department on or before February 15 of each year so that the director may determine that the proposed location(s) does not fall within the isolation area designated in Section 3811(a).
Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code.
s 3815. Public Agency Nonapproved Cotton Agronomic Research.
(a) Location. Public agencies, including the U.S. Department of Agriculture and the University of California, may conduct nonapproved cotton agronomic research at a maximum of twelve (12) locations for a total not to exceed two hundred forty (240) acres. Each planting shall be at least one-half (1/2) mile removed from any Acala or Pima planting cottonseed production area. Any approved cotton acreage within the test locations shall be included when computing the two hundred forty (240) acre limit.
(b) Application. Applications for permission to conduct nonapproved cotton agronomic research shall be made in writing to the director annually, on or before January 15 of each year, to provide for Board review and comment as required by Section 3820, Article 5. A plot map detailing the specific location(s) including Township, Range, Section, and acreage of the proposed planting(s) shall be received by the department on or before February 15 each year, so that the director may determine that the proposed location(s) does not fall within the isolation area designated in Section 3815(a).
Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code.
s 3816. Private Agronomic Research on Nonapproved Cotton.
(a) Locations. Any person primarily engaged in agronomic research, and not an applicant under Article 3, shall have the director's permission to conduct nonapproved cotton agronomic research within the District. The maximum acreage allowed for such testing shall not exceed ten (10) acres. Any approved cotton acreage within the test locations shall be included when computing the ten (10) acre limit. Each planting shall be at least one-half (1/2) mile removed from any Acala or Pima planting cottonseed production area.
(b) Application. Applications for permission to conduct nonapproved cotton agronomic research shall be made annually in writing to the director on or before January 15 of each year, to provide for Board review and comment, as required by Section 3820, Article 5. A plot map detailing the specific location(s) including Township, Range, Section, and acreage of the proposed planting(s) shall be received by the department on or before February 15 of each year so that the director may determine that the proposed location(s) does not fall within the isolation area designated in Section 3816(a).
Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code.
s 3817. Research on Nonapproved Naturally Colored Cotton.
(a) Each applicant conducting:
(1) a breeding program, which is a program where initial crosses and evaluations of cotton germplasm or genetic material are made, shall be limited to no more than two (2) locations totaling no more than one hundred (100) acres;
(2) performance tests, which are tests used to evaluate cotton for which initial crosses and evaluations have been made in a breeding program, shall be limited to no more than four (4) locations for a total of not more than two hundred (200) acres;
(3) agronomic tests, which are tests used to develop scientific data for cotton evaluation, shall be limited to three (3) locations for a total of not more than ten (10) acres.
All research indicated in this section shall adhere to the field isolation requirements in Section 3818.3.
(b) Applications for permission to conduct nonapproved naturally colored cotton research shall be made annually in writing to the department by January 15 of each year. A plot map detailing the specific location(s) including Township, Range, and Section, and acreage of each proposed location shall be filed with the department by February 15 of each year, so that the department may determine that each proposed location meets the isolation requirements of Section 3818.3.
(c) Cotton grown under this article shall adhere to the requirements of Sections 3818.5 (harvest equipment), 3818.8 (ginning), 3819 (delinting), and 3819.3 (marketing).
Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code.
s 3818. Production and Notification Requirements.
A producer who intends to grow California naturally colored cotton shall provide written notification to the department by January 15. The notification shall include the name, address, telephone number, and signature of the producer, property owner, or company official contracting for the production or purchase of such cotton and the acreage intended for planting. By February 15, the producer shall provide the department with a legal description of each production location including Township, Range, and Section; a map of each of these locations; the acreage that will be planted; and the names and means of contacting any person controlling cotton production on property within one (1) mile of each production location.
By March 1 of each year, the department shall notify each person controlling said proximal cotton production of the California naturally colored cotton producer's intent. The person controlling said proximal cotton production shall notify the department by March 20 if they intend to plant white cotton within the required isolation distances from the noticed colored cotton locations.
Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code.
s 3818.3. Isolation of Naturally Colored Cotton from Other Cotton.
It is the responsibility of the producer of colored cotton to ensure that isolation requirements are met prior to planting.
(a) "Cotton Seed Certification Standards in California," as amended February 11, 1999, shall be used to determine isolation of acreage planted with California naturally colored cotton from acreage planted with cotton grown to produce all classes of certified seed. This document is incorporated by reference. In the absence of such standards, a grower shall not plant colored cotton within five (5) miles of any white cotton grown for production of planting seed. A grower shall not plant colored cotton within one (1) mile of any white cotton, except on property under his supervision. That grower may plant colored cotton as close as two hundred (200) feet from white cotton providing that the latter will not be used for the production of planting seed.
(b) Colored cotton acreage shall be subject to destruction in the field if it is planted within these isolation distances. However, destruction shall not be required under the following circumstances:
(1) Growers who have planted the colored cotton have provided the notification and location information required in Section 3818; and,
(2) Growers who have planted white cotton within the isolation distances have not provided the notification required in Section 3818.
(c) California Upland, California Pima, or Approved cotton shall not be planted on land used to grow naturally colored cotton until the land has been irrigated at least twice and gone without cotton for at least two cotton growing seasons.
(d) Prior to the beginning of each cotton planting season, the department shall notify all colored cotton producers of the cotton plant back restrictions.
Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code.
s 3818.5. Equipment Used During the Harvest of Naturally Colored Cotton.
Mechanical harvesters, module builders, module movers, and trailers that have held colored cotton shall be inspected and released by the department before they are used for other cotton. Prior to movement, all modules, trailers, or other containers holding colored cotton shall be clearly marked as to contents under the supervision of the department. Colored cottonseed and seed cotton shall be totally enclosed or covered when transported.
Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code.
s 3818.8. Naturally Colored Cotton Ginning.
Colored cotton shall not be ginned in the San Joaquin Valley Quality Cotton District except at a facility dedicated to colored cotton ginning or at a facility which gins colored cotton at the end of the season to be followed by at least fifty (50) bales of white cotton immediately prior to ceasing operation for the season. All such white cotton bales shall be marked to the satisfaction of the department. Prior to the beginning of the next ginning season, the department will inspect each facility that has ginned both colored and white cotton. No saving of white cottonseed for planting shall be done by a gin which processes any colored cotton.
(a) All bales and seed for planting shall be clearly identified by the department as being colored cotton.
(b) All seed not for planting shall be crushed, cracked, or otherwise rendered non-viable or shipped out of the District subject to destination state and federal requirements.
(c) Gin trash shall be disposed of in a manner and at locations which will mitigate any contamination risk from any seed which may be present.
Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code.
s 3819. Naturally Colored Cottonseed Delinting.
Colored cottonseed shall not be delinted in the San Joaquin Valley Quality Cotton District except at a facility dedicated to colored cottonseed delinting. The delinter shall inform the department of the quantity of each variety delinted, its storage location, and where and when moved.
Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code.
s 3819.3. Marketing.
The marketer shall maintain the identity of California naturally colored cotton. Records shall be made available by the marketer to the department, upon request, to indicate bale numbers of such cotton sold.
Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code.
s 3820. Board Review and Comment.
The director, upon receipt of the annual application, will forward such application to the Board for review and comment.
The Board may require the applicant to appear in person to present his or her nonapproved cotton testing program.
The director, after Board review and comment, may approve the nonapproved cotton testing program proposed by the applicant.
Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Sections 52891 and 52901, Food and Agricultural Code.
s 3821. Cottonseed Arriving from Outside the District.
(a) All planting cottonseed arriving from outside the District for planting within the district shall:
(1) Be free of angular leafspot, Xanthomonas malvacearum; (2) conform to the requirements of the Federal Pink Bollworm Quarantine (7 C.F.R. 301.52); (3) conform to those sections applicable to cotton in Division 4 of this Title 3.
(b) All planting cottonseed upon arrival within the District shall be inspected for freedom from angular leafspot by the department or by a department approved laboratory. The applicant shall be liable for all costs involved in such inspection.
Sampling to determine freedom from angular leafspot, X. malvacearum, shall be as follows:
(1) A representative sample of twelve hundred (1200) seeds shall be taken by the department from each lot of planting cottonseed originating outside the District and submitted to the Analysis and Identification Unit, Division of Plant Industry, Department of Food and Agriculture for testing for angular leafspot.
(2) Seed lots consisting of less than twelve hundred (1200) seeds may be field inspected, after planting, for angular leafspot by the department.
(c) All lots of planting cottonseed found to be infected with angular leafspot shall be disposed of by discing of the infected fields, if in the field, and destruction of the infected seed lot, under the supervision of the director.
(d) The importation of planting cottonseed from outside the District for planting purposes shall be suspended upon discovery of any new pest suspected or determined by the director to be of serious economic importance to agriculture. Suspension shall continue until adequate precautions, eradication, or intensive control measures have been applied which assure that such nonapproved planting cottonseed is in compliance with all of the department's pest prevention requirements.
Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code.
s 3821.1. Hold Used Cotton Machinery for Inspection in San Joaquin Valley Quality Cotton District.
(a) The Secretary hereby finds that cottonseed and seed cotton from "nonapproved cotton" as defined in section 3800, may be introduced into the San Joaquin Valley Quality Cotton District as defined in Section 52865, Food and Agricultural Code, in, on or associated with cotton machinery, equipment and appliances; and further that such cottonseed or seed cotton if disseminated in the fields of said District or mixed with approved cotton varieties would jeopardize the purposes of said District as set forth in Sections 52851 through 52854, Food and Agricultural Code.
(b) No person shall bring into the San Joaquin Valley Quality Cotton District any cotton machinery, parts of machinery, equipment or appliances which have been used or field tested outside of said District, without immediately notifying the County Agricultural Commissioner of the arrival thereof, and holding such articles for inspection before use.
(c) The County Agricultural Commissioner may upon such inspection require that any cottonseed or seed cotton on, in or associated with such articles be removed and destroyed under supervision at the expense of the owner or bailee, in order to avoid the possibility of introduction of seeds of nonapproved cotton varieties into the San Joaquin Valley Quality Cotton District.
Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Sections 52851-52855, 52901, and 52971-52976, Food and Agricultural Code.
s 3822. Planting and Harvesting Notification.
(a) The director shall be notified at least 48 hours prior to planting or harvesting of any authorized nonapproved cotton.
(b) After planting or harvest, planters, pickers, and other related field equipent shall be cleaned to the satisfaction of the director to assure against contamination of approved planting seed cotton.
Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code.
s 3823. Nonapproved White Cotton Ginning, Including California Upland and California Pima Cotton.
(a) The department shall be notified at least 48 hours prior to the ginning of any nonapproved cotton.
(b) All nonapproved white cotton shall be ginned under the supervision of the department to assure proper identification and gin cleanup to prevent contamination of approved cotton lint. Ginning shall be done in a manner that prevents the mixing of nonapproved and approved cotton lint. Nonapproved Pima seed cotton shall only be roller ginned and nonapproved Upland seed cotton shall only be saw ginned.
Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code.
s 3823.1. Nonapproved Colored Cotton Ginning.
Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code.
s 3824. Nonapproved Cotton Lint Storage and Identification, Including California Upland, California Pima, and California Naturally Colored Cotton.
(a) Cotton lint ginned within the District and not from an approved cotton shall be identified as "SJV EXPERIMENTAL", "CALIFORNIA UPLAND", "CALIFORNIA PIMA", or "CALIFORNIA NATURALLY COLORED" cotton at all times.
(b) Identification tags and decals shall be affixed to bales under the supervision of the department. Identification shall not be removed without permission of the department.
Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code.
s 3825. Nonapproved Cottonseed Disposal.
Nonapproved cottonseed shall be disposed of under the supervision of the director. Nonapproved cottonseed saved for use by the applicant shall be identified and safeguarded against being commingled with any approved planting cottonseed.
Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code.
s 3826. Nonapproved White Cottonseed Delinting, Including California Upland and California Pima Cotton.
The department shall be notified by the delinter at least 48 hours prior to the delinting of any nonapproved white cottonseed. All delinting shall be done in a manner that assures the Secretary that proper identification of nonapproved cottonseed, equipment cleanup, and separation from approved planting cottonseed has been maintained.
Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code.
s 3826.1. Nonapproved Colored Cottonseed Delinting.
Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code.
s 3830. Refusal of Applications.
The director shall refuse an application or revoke an authorization granted under these regulations, if:
(a) The proposed location does not meet the isolation requirements under Sections 3810(a), 3811(a), and 3815(a) or 3816(a);
(b) The applicant or his cooperators fail to comply with the regulations pertaining to this subchapter, or state or federal quarantines applicable to cotton.
(c) After review and comment by the Board, the program proposed is determined not to be in the best interests of the cotton industry in the District.
Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code.
Note: Authority cited for ss 3800-3805, Sections 16 and 154.4 of the Agricultural Code.
<<(Subchapter Originally Printed 7-25-45)>>
s 3850. Terms Defined.
(a) As used in the California Seed Law, Section 52251 et seq., Food and Agricultural Code, and in Group 3 of these regulations:
(1) "Lot" means a definite quantity of seed normally identified by a number or other identification.
(2) Change in Lot. As used in Section 52354(a) of the Food and Agricultural Code the identity of the lot has been changed whenever the information required by any of the following sections of the Food and Agricultural Code has been changed: 52452(b), (h) and 52453(c), (d).
(3) "Origin Inspected Warehouse" means a premise which has maintained standards included in Article 7 of these regulations and therefore is exempt from the provisions of Section 6501, Food and Agricultural Code.
Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Sections 52254.5, 52257.5, 52331, 52333, 52354, 52363, 52391, 52392, 52451-52454, 52482, and 52511, Food and Agricultural Code.
s 3851. Agricultural Seeds.
Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52332, Food and Agricultural Code.
s 3852. Vegetable Seeds.
Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52332, Food and Agricultural Code.
s 3853. Weed Seeds.
The following species, when occurring incidentally in agricultural seed, are classed as weed seeds for the purpose of labeling as required by Section 52452, Food and Agricultural Code, unless labeled and sold as specific constituents of a definite seed mixture:
(a) All species not listed in Section 3899, Schedule I (a).
(b) All species listed in Section 3901, Schedule III.
Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52332, Food and Agricultural Code.
s 3854. Prohibited Noxious Weed Seed.
In accordance with Section 52332 of the Food and Agricultural Code, the Director hereby designates the seed or propagule of the following species of plants to be prohibited noxious weed seed within the meaning of Section 52257 of the Food and Agricultural Code:
Alhagi pseudalhagi (camelthorn)
Cardaria chalepensis (lens-podded hoary cress)
Cardaria draba (heart-podded hoary cress)
Cardaria pubescens (globe-podded hoary cress)
Carduus acanthoides (plumeless thistle)
Carduus nutans (musk thistle)
Carthamus leucocaulos (whitestem distaff thistle)
Centaurea repens (Russian knapweed)
Cirsium arvense (Canada thistle)
Cirsium undulatum (wavyleaf thistle)
Cucumis melo var. dudaim (dudaim melon)
Euphorbia esula (leafy spurge)
Helianthus ciliaris (blueweed)
Lepidium latifolium (perennial pepperweed)
Onopordum spp. (onopordum thistles)
Rorippa austriaca (Austrian fieldcress)
Solanum carolinense (Carolina horsenettle)
Solanum elaeagnifolium (white horsenettle)
Sonchus arvensis (perennial sowthistle)
Note: Authority cited: Sections 407 and 52332, Food and Agricultural Code. Reference: Sections 5004, 52256-52258, 52287 and 52332, Food and Agricultural Code.
s 3855. Restricted Noxious Weed Seed.
In accordance with Section 52332 of the Food and Agricultural Code, the Director hereby designates the seed or propagule of the following species of plants to be restricted noxious weed seed within the meaning of Section 52258 of the Food and Agricultural Code:
Agropyron repens (quackgrass)
Allium vineale (wild garlic)
Carduus pycnocephalus (Italian thistle)
Carduus tenuiflorus (Italian thistle)
Carthamus baeticus (smooth distaff thistle)
Carthamus lanatus (woolly distaff thistle)
Cenchrus echinatus (southern sandbur grass)
Cenchrus incertus (coast sandbur grass)
Cenchrus longispinus (mat sandbur grass)
Centaurea solstitialis (yellow starthistle)
Chorispora tenella (purple mustard)
Convolvulus arvensis (field bindweed)
Cuscuta spp. (dodder)
Cyperus esculentus (yellow nutgrass)
Cyperus rotundas (purple nutgrass)
Elymus caputmedusae (medusahead)
Halogeton glomeratus (halogeton)
Hypericum perforatum (Klamath weed)
Iva axillaris (poverty weed)
Salvia aethiopis (Mediterranean sage)
Sida hederacea (alkali mallow)
Sorghum halepense (Johnsongrass and other perennial Sorghum spp. including but not limited to Sorghum almum and perennial sweet sudangrass.)
Tribulus terrestris (puncture vine)
Note: Authority cited: Sections 407 and 52332, Food and Agricultural Code. Reference: Sections 5004, 52256-52258, 52287 and 52332, Food and Agricultural Code.
s 3856. "Cleaning or Conditioning."
as used in Section 52451, Food and Agricultural Code, means cleaning, scarifying, or blending to obtain uniform quality, and other operations which would change the purity or germination of the seed and therefore require retesting to determine the quality of the seed; but not to include operations such as packaging, labeling, blending together of uniform lots of the same kind or variety without cleaning, or the preparation of a mixture without cleaning, any of which would not require retesting to determine the quality of the seed.
Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52451, Food and Agricultural Code.
s 3861. Specimen Labels.
Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Sections 52451-52454, Food and Agricultural Code.
s 3862. Blank Spaces or the Words "Free" or "None."
in the place of a number or percentage on the label are construed as equivalent to "0" or "0.00 percent," as the case may be, for the purpose of applying the tolerances prescribed in these regulations.
Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Sections 52452 and 52453, Food and Agricultural Code.
s 3863. Designation of Kind, Type or Variety.
(a) Agricultural Seeds. The common names listed in Section 3899, Schedule I (a), are recognized as "commonly accepted" names for the purpose of labeling agricultural seeds as required by Section 52452, Food and Agricultural Code.
(b) Vegetable Seeds. The common names listed in Section 3899, Schedule I (b), are recognized as names of "kind" for the purpose of labeling vegetable seeds as required by Section 52453, Food and Agricultural Code. In addition to the "kind," the "variety" is required to be stated on the label of vegetable seeds. If the variety is not known, the label is construed to be in compliance with this provision if it contains the words "unknown variety."
(c) Other Names. Any name of kind, type, variety or strain, whether listed in Schedule I or not, is construed to comply with the requirements of Sections 52452 and 52453, Food and Agricultural Code, if its application to the seed so labeled is in fact in common usage in California, unless such usage is misleading or confusing. Names or terms that tend to create a false impression as to history or quality of the seed are construed to be misleading.
(d) Hybrid. The term "hybrid" applied to kinds or varieties of seed means the first generation seed of a cross produced by controlling the pollination and by combining (1) two or more inbred lines; (2) one inbred or a single cross with an open-pollinated variety; or (3) two selected clones, see lines, varieties, or species. "Controlling the pollination" means to use a method of hybridization which will produce pure seed which is at least 75 percent hybrid seed. Hybrid designations shall be treated as variety names.
Any kind or variety that is less than 95 percent but more than 75 percent hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to show (a) the percentage that is hybrid seed or (b) a statement such as "contains from 75 percent to 95 percent hybrid seed."
Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52452, Food and Agricultural Code.
s 3864. Seed in Hermetically Sealed Containers.
The period of validity of germination tests is extended, as provided in Section 52481(c), Food and Agricultural Code, to the following period for seed packaged in hermetically sealed containers under conditions and label requirements set forth in this section:
(a) Germination Tests. The germination test for agricultural and vegetable seed shall have been completed within the following period, exclusive of the calendar month in which the test was completed, immediately prior to shipment, delivery, transportation, or sale:
(1) In the case of agricultural or vegetable seeds shipped, delivered, transported, or sold to a dealer for resale, 18 months;
(2) In the case of agricultural or vegetable seeds for sale or sold at retail, 36 months.
(b) Conditions of Packaging. The following conditions are considered as a minimum under the provisions of Section 52481(c), Food and Agricultural Code:
(1) A container, to be acceptable under the provisions of this section, shall not allow water vapor penetration through any wall, including the wall seals, greater than 0.05 gram of water per 24 hours per 100 square inches of surface at 100U F. with a relative humidity on one side of 90 percent and on the other of 0 percent. Water vapor penetration or WVP is measured by the standards of theU.S. Bureau of Standards as:
gm H2O/24 hr./100 sq. in./100U F./90% RH V. 0% RH
(2) The percentage of moisture, on a wet weight basis, of agricultural or vegetable seeds subject to the provisions of this section shall not exceed the following:
Maximum percent
Family Kind seed moisture
Graminae Sweet corn.................................... 8.0
Kentucky bluegrass............................ 6.0
Red fesue..................................... 8.0
Perennial ryegrass............................ 8.0
Liliaceae Onion, leek, chive, welsh onion............... 6.5
Chenopodiaceae Beet, chard................................... 7.5
Spinach....................................... 8.0
Cruciferae Cabbage, broccoli, cauliflower, collards,
Chinese
cabbage, kale, turnip, rutabaga, kohlrabi,
Brussels sprouts, mustard, radish........... 5.0
Leguminosae Snap bean, lima bean, pea..................... 7.0
Crimson clover................................ 8.0
Umbelliferae Carrot, celery, celeriac...................... 7.0
Parsnip....................................... 6.0
Parsley....................................... 6.5
Solanaceae Tomato........................................ 5.5
Pepper........................................ 4.5
Eggplant...................................... 6.0
Cucurbitaceae Cucumber, muskmelon, squash, pumpkin.......... 6.0
Watermelon.................................... 6.5
Compositae Lettuce....................................... 5.5
All other agricultural or vegetable seed not
listed above................................ 6.0
A tolerance of one (1.0) percent moisture is applicable to the maximum percentage of moisture listed above and the percentage of moisture found by an official test. The percentage of moisture shall be determined by the air oven method.
(c) Labeling Required. In addition to the labeling required by Sections 52452, 52453 or 52484, Food and Agricultural Code, seed packaged under the provisions of this section shall be conspicuously labeled with the following information:
(1) Seed has been preconditioned as to moisture content.
(2) Container is hermetically sealed. "Germination test valid until (month, year)" may be used on the label. (Not to exceed 36 months from date of test.)
Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52481, Food and Agricultural Code.
s 3865. Germination Standards.
The standards of germination indicated in Section 3900, Schedule II, are the germination standards for vegetable seeds for the purpose of the label statements required by Section 52453, Food and Agricultural Code. The standards include hard seeds, if present, provided that in packages of more than one-half pound the percentage of hard seeds and the percentage of germination exclusive of hard seeds are separately stated on the label.
Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52453, Food and Agricultural Code.
s 3866. Treated Seed.
Note: Authority cited: Sections 407, 52331 and 52332, Food and Agricultural Code. Reference: Sections 52332 and 52484, Food and Agricultural Code.
s 3867. Labeling of Seed Containers.
In addition to the information required under Sections 52451 through 52455 of the Food and Agricultural Code each label of agricultural and/or vegetable seed shall include the Arbitration/Conciliation/Mediation Notice required in Section 3915.1, except seed covered by Sections 52453(e), 52454, and 52455; seed covered by Section 52454 shall bear the notice in accordance with Section 52454(b).
The procedure for making the formal complaint referred to in the arbitration/conciliation/mediation notice is set forth in Sections 3915 through 3918.
Note: Authority cited: Sections 407, 52331 and 52332, Food and Agricultural Code. Reference: Sections 52332 and 52451-52455, Food and Agricultural Code.
s 3871. Classification of Samples.
(a) An official sample is a sample drawn by an enforcement officer in the manner prescribed by Sections 3872 and 3873 for the purpose of determining whether the seed is in compliance with the provisions of the California Seed Law, Section 52251 et seq., Food and Agricultural Code.
(b) A certification sample is a sample drawn by an agent of a recognized seed certifying agency, or by an enforcement officer acting upon the request of such agency, in accordance with the rules and regulations of such agency.
(c) A quarantine sample is a sample submitted for noxious-weed seed examination by a commissioner or a plant quarantine officer.
(d) A service sample is a sample submitted for testing for an individual or firm.
(e) A miscellaneous sample is any sample not otherwise classified.
Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52331, Food and Agricultural Code.
s 3872. Sampling.
(a) Procedure. The following procedure shall be followed for securing official samples and is recommended for all other samples:
(1) General.
(A) Approximately equal portions shall be taken from fairly evenly distributed parts of the quantity of seed to be sampled. Access shall be had to all parts of that quantity. When more than one trierful of seed is drawn from a container, each successive trierful shall be from evenly separated parts of the container. When more than one handful is taken from a container the handfuls shall be taken from well-separated parts.
(B) For free-flowing seed in bags or bulk, a probe or trier long enough to sample any portion of the bag shall be used.
(C) Non-free-flowing seed, such as certain grass seed, or uncleaned seed, difficult to sample with a probe or trier, shall be sampled by thrusting the hand into the bulk and withdrawing representative portions. Protective gloves shall be worn when sampling treated seed.
(D) As the seed is sampled, each portion shall be examined and if there appears to be a lack of uniformity, the portions shall not be combined but shall be retained as separate samples to determine such lack of uniformity as may exist.
(E) When the portions appear to be uniform, they shall be combined to form a composite sample.
(F) If a sealed container is opened or probed for inspection, the inspector shall reseal the container with a suitable seal indicating the purpose for which the container was opened.
(G) If a label is removed, the inspector shall affix to the container a tag on which the label statements have been copied.
(2) Bulk. Bulk seeds shall be sampled by inserting a long probe or thrusting the hand into the bulk, as circumstances require, in at least seven fairly uniformly distributed parts of the quantity being sampled.
(3) Bags.
(A) In quantities of six bags or less each bag shall be sampled.
(B) In quantities of more than six bags, five bags plus at least 10 percent of the number of bags in the lot shall be sampled. Regardless of the lot size it is not necessary that more than 30 bags be sampled.
(C) Samples shall be drawn from unopened bags except under circumstances where the identity of the seed has been preserved.
(4) Other Containers.
(A) In sampling seed in sealed containers, such as vegetable seed in packets, or lawn seed in boxes, when it is not practical to sample by other means, one or more entire unopened containers shall be taken.
(B) If requested by the custodian, sealed containers of single component seeds, containing more weight than needed for the official sample, shall be opened on the premises and the sample taken in the presence of the custodian. The remainder of the contents of the opened container shall be left with the custodian.
(C) Seed in containers, other than bags, when it is practical to sample by a probe without breaking the seal, shall be sampled in the same manner as seed in bags.
(D) Regardless of the type of container, the sample in the aggregate shall notbe less than the quantity specified in subsection (b) of this section.
(b) Size of Sample. The following are minimum weights of official samples of seed to be submitted for analysis, test, or examination:
(1) Agricultural Seed.
(A) Four ounces (114 grams) of bentgrasses, red fescues, bluegrasses, white or alsike clover, or seeds not larger than these.
(B) Eight ounces (227 grams) red clover, alfalfa, ryegrasses, bromegrasses, meadow or tall fescues, wheatgrasses or seeds of similar size.
(C) One pound (454 grams) of sudangrass, subclover, sugar beet, or seeds of similar size.
(D) Two pounds (908 grams) of cereals, vetch, safflower, sorghum, or seeds of similar or larger size.
(2) Vegetable Seed.
(A) One-eighth ounce (3.54 grams) of celery, lettuce, onion, cabbage or seeds not larger than these.
(B) One-half ounce (14.18 grams) of pepper, eggplant or seeds of similar size.
(C) One ounce (28.35 grams) of spinach, radish, table beet, muskmelon, or seeds of similar size.
(D) Four ounces (114 grams) of asparagus, New Zealand spinach, watermelon or seeds of similar size.
(E) One pound (454 grams) of pea, garden bean, pumpkin, corn or seeds of similar size.
(F) Two and one-half pounds (1.14 Kilograms) of lima bean, runner bean, horsebean, or seeds of similar or larger size.
When a purity analysis is requested to determine the percentage by weight of any sample of vegetable seed, the minimum weight of the sample shall be not less than the minimum weight required for an official sample of agricultural seed of similar size.
(c) Preparation of Official Sample.
(1) A "description of sample" form, provided by the department, shall be completed for each sample, and a label or facsimile label shall be attached to the original copy.
(2) For seed sampled in bags or bulk the sample shall be enclosed in an official sample bag, properly identified by the appropriate portion of the "description of sample" form and sealed with an official seal. If requested by the custodian, or other financially interested party, the sample shall be divided and a portion left on the premises.
(3) For seed sampled in packets or other sealed containers, where the entire container is taken as the sample, the sample may be submitted without being enclosed in an official sample bag; provided the appropriate portion of the "description of sample" form is firmly attached to the container or containers submitted as a sample.
(4) All samples shall be plainly marked outside with an appropriate identificaton.
(5) Samples of treated seed shall be double bagged with an inner bag of plastic. The outer container shall be clearly marked to indicate the treatment material and under the remarks section of the "description of sample" form reference to treatment labeling shall be made, such as "properly labeled as to (generic or common name/s) treatment." Any documents accompanying the official sample shall not be placed inside the plastic bag.
(d) Return of Official Sample. Any portion of the sample not used in making the tests shall be returned to the owner at his expense, if requested within 60 days of sampling.
Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52331, Food and Agricultural Code.
s 3873. Forwarding Sample.
(a) An official sample and the "description of sample" form, accompanied by a label, shall be sent to California Department of Food and Agriculture, Nursery and Seed Services, 1220 N Street, Sacramento, California 95814.
(b) All other samples may be placed in any suitable nonsealed container, and forwarded to the State Seed Laboratory, Laboratory Services, California Department of Food and Agriculture, 1220 N Street, Sacramento, California 95814, except as provided in subsection (c).
(c) Certification samples should be forwarded to the seed-certifying agency for which they were drawn.
Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52331, Food and Agricultural Code.
s 3874. Labels.
s 3875. Seed-Certifying Agencies.
(a) Recognized Agency. The director, after consultation with the director of the University of California Agricultural Experiment Station, as provided in subparagraph (e) of Section 52332, Food and Agricultural Code, finds that the following is qualified to certify as to variety, type, strain, and other genetic characters of agricultural and vegetable seeds, and is hereby officially approved and recognized as a seed-certifying agency within the meaning of the California Seed Law:
California Crop Improvement Association, a nonprofit corporation incorporated under the laws of the State of California.
(b) Official Agencies authorized by law to certify as to matters of fact respecting agricultural or vegetable seeds are not construed to be "seed-certifying agencies" within the meaning of Section 52482, Food and Agricultural Code, and such certification does not authorize representation of seed so certified as "certified seed" unless expressly provided by law.
Note: Authority cited: Sections 407 and 52332, Food and Agricultural Code. Reference: Section 52332, Fod and Agricultural Code.
s 3876. Cooperation with Seed-Certifying Agencies.
All services performed at the request of and in cooperation with an officially recognized seed-certifying agency shall be performed in accordance with the rules and regulations of that agency, insofar as consistent with the provisions of law.
Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52421, Food and Agricultural Code.
s 3877. Fees for Certification Services.
(a) Schedules. The fees for certification services performed by the director are shown in Section 4603(f). The fees for certification services performed by commissioners may be established as provided in Section 52422, Food and Agricultural Code, and in this regulation.
(b) Approval of Schedules. Each commissioner, before establishing a schedule of fees for certification services performed under the provisions of Section 52422, Food and Agricultural Code, is required to submit the proposed schedule to the director for approval. Schedules of fees submitted for approval should be based on the approximate cost of these services.
(c) Transmittal. Claims for fees according to the approved schedule may be submitted directly to the seed-certifying agency, and payment of fees for services performed by a commissioner may be transmitted directly to the commissioner for such disposition as may be directed by the board of supervisors.
Note: Authority cited: Sections 407, 5851, 5852 and 52331, Food and Agricultural Code. Reference: Sections 5851, 5852, 52331 and 52422, Food and Agricultural Code.
s 3878. Indistinguishable Seed.
Determinations shall be made in the same manner as currently required by Sections 201.58a-201.58c, Federal Seed Act Regulations (Title 7, Chapter 1, Part 201 of the Code of Federal Regulations).
Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52331, Food and Agricultural Code.
s 3879. Noxious-Weed Seed Examination.
Examination of a sample for noxious-weed seeds shall be made in accordance with the current procedure prescribed in Section 201.52, Federal Seed Act Regulations (Title 7, Chapter 1, Part 201 of the Code of Federal Regulations).
Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52331, Food and Agricultural Code.
s 3880. Purity Analysis.
A purity analysis includes examination for noxious-weed seeds, as defined in Section 3879, and shall be made in the same manner as currently required by Sections 201.45-201.51(a), Federal Seed Act Regulations (Title 7, Chapter 1, Part 201 of the Code of Federal Regulations).
Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52331, Food and Agricultural Code.
s 3881. Germination Tests.
Germination tests shall be made in the same manner as currently required by Sections 201.53-201.58, Federal Seed Act Regulations (Title 7, Chapter 1, Part 201 of the Code of Federal Regulations).
Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52331, Food and Agricultural Code.
s 3882. Tolerances.
The tolerances to be applied in all enforcement procedure required by the California Seed Law shall be the same as currently provided in Sections 201.59- 201.65, Federal Seed Act Regulations (Title 7, Chapter 1, Part 201 of the Code of Federal Regulations).
Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52331, Food and Agricultural Code.
s 3883. Fees for Testing and Other Services.
The fees for tests other than those made free of charge are shown in Section 4603(f). All fees for testing are payable in advance, except that for governmental agencies prohibited by law from making advance payments, tests may be made on receipt of a purchase order or other authorization for payment of the proper fees.
Note: Authority cited: Sections 407, 5851, 5852 and 52331, Food and Agricultural Code. Reference: Sections 5851, 5852 and 52331, Food and Agricultural Code.
s 3884. Free Tests.
Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52331, Food and Agricultural Code.
s 3885. Mixtures.
(a) For germination tests of mixtures of three or more kinds of lawn or pasture seed which require a purity separation before a germination test is made, the fee established in Section 4603(f) includes a purity analysis report if specifically requested.
(b) For germination tests of mixtures other than those specified in subsection (a) of this section, the fee is the sum of the fees established in Section 4603(f) for germination tests of the several components. For a purity analysis of such mixtures, the fee is the same as for that component of the mixture for which the highest charge would be made if analyzed separately.
Note: Authority cited: Sections 407, 5851, 5852 and 52331, Food and Agricultural Code. Reference: Sections 5851, 5852 and 52331, Food and Agricultural Code.
s 3887. Hearings.
Hearings held before the director pursuant to Sections 52311(c) and 52393 of the Food and Agricultural Code shall, as far as practicable, be governed by the procedure prescribed by the Government Code, Title 2, Division 3, Part 1, Chapter 5, Section 11500 et seq., except that the director, or a hearing officer designated by the director shall preside.
Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Sections 52311 and 52393, Food and Agricultural Code.
s 3888. Procedure Under "Stop-Sale" Order.
(a) Form. The "stop-sale" order shall be in the form provided for the purpose by the Department. A warning tag or notice may be attached by the enforcement officerto any lot of seed held under a "stop-sale" order. Such tag or notice shall be in the form provided by the Department and shall not be removed except by or under the direction of an enforcement officer, until the "stop-sale" order has been removed. (continued)