Texas Register, Volume 36, Number 34, Pages 5247-5552, August 26, 2011 Page: 5,350
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dence to support such statements. Statistical analysis of data is encour-
aged;
(5) a statement delineating the geographic area or areas of
adaptation of the variety;
(6) a statement on the plans and procedures of the main-
tenance of stock seed classes including the number of generations
through which the variety may be multiplied;
(7) a description of the manner in which the variety is con-
stituted when a particular cycle of reproduction or multiplication is
specified;
(8) any additional restrictions on the variety, specified by
the breeder with respect to geographic area of seed production, age of
stand, or other factors affecting genetic purity; and
(9) a sample of seed representative of the variety as mar-
keted. The size shall be at least the size required in the specific com-
modity standard for laboratory analysis. For vegetative material, the
sample size shall be set by the certifying agency at the time of certifi-
cation request.
(d) An application for approval of variety must be accompa-
nied by a fee of $50.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on August 11, 2011.
TRD-201103083
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: September 1, 2011
Proposal publication date: July 1, 2011
For further information, please call: (512) 463-4075
SUBCHAPTER C. ACREAGE INSPECTION
FEES FOR CERTIFICATION
4 TAC 10.13
The amendments to 10.13 are adopted under the Texas Agri-
culture Code, 62.002, which provides the State Seed and Plant
Board with the authority to establish standards of genetic purity
and identity as necessary for the efficient enforcement of agricul-
tural interest; and 62.008, which provides the department with
the authority to inspect and certify seed and plants, and to fix and
collect a fee for the issuance of a certification label in an amount
necessary to cover the costs of inspection and labels.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on August 11, 2011.
TRD-201103084Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: September 1, 2011
Proposal publication date: July 1, 2011
For further information, please call: (512) 463-4075
SUBCHAPTER F. ADDITIONAL
REQUIREMENTS FOR THE CERTIFICATION
OF CERTAIN CROPS
4 TAC 10.21, 10.22
The amendments to 10.21 and 10.22 are adopted under the
Texas Agriculture Code, 62.002, which provides the State Seed
and Plant Board with the authority to establish standards of ge-
netic purity and identity as necessary for the efficient enforce-
ment of agricultural interest; and 62.008, which provides the
department with the authority to inspect and certify seed and
plants, and to fix and collect a fee for the issuance of a certifica-
tion label in an amount necessary to cover the costs of inspection
and labels.
10.21. Requirements and Standards for Hybrid Sorghum Varietal
Purity Grow-outs.
(a) Test planting requirements.
(1) Male sterile lines, pollinator lines, and all sorghum hy-
brid seed must be test-planted (varietal purity grow-out test). Such test
must be conducted under the supervision of the Seed Quality Program,
as the enforcement agency. The required test for male sterile lines, pol-
linator lines, and hybrid sorghum (grain types) must consist of not less
than 1/10 acre of not less than 3,000 plants in one location. The re-
quired test for forage and grass type hybrids must consist of not less
than 1/20 acre of not less than 1,000 plants in one location. It will be
the responsibility of the seed producer to notify his or her area Regional
Office in the area where the seed is stored when the lot of seed is ready
to be sampled. Samples must be drawn as directed by the department.
Two pounds of seed will be required for each 1/10 acre test and one
pound of seed for each 1/20 acre test. The test will be inspected during
the bloom stage by approved inspectors of the department.
(2) A sample considered to be on the borderline between
acceptance and rejection or a sample rejected by the department may
be inspected by a sorghum advisory committee appointed annually by
the State Seed and Plant Board. The committee will consist of two
approved seed certification inspectors from the department, two Texas
certified hybrid sorghum seed growers, and one member of the Texas
Agricultural Experiment Station. The committee will advise the Seed
Quality Program of their recommendations. The seed producer will
have the privilege of having at least a one acre plot (of a lot rejected in
the grow-out test) of grain and forage hybrids planted for reconsidera-
tion by the department and the advisory committee. In the case of male
sterile or pollinator lines planted for reconsideration, the test will be at
least 2/5 acre. The same controls will apply to the larger plot that are
applicable to the 1/10 or 1/20 acre tests.
(3) A fee of $120 for each sample grown for reconsidera-
tion must be paid to the Texas Department of Agriculture, and the travel
and per diem expenses of department personnel necessary to sample,
plant, and inspect the larger plot must be paid by the seed producer.
(4) Removal of any plants from any of the aforementioned
grow-out tests at any time by the seed producer or by anyone else, with36 TexReg 5350 August 26, 2011
Texas Register
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Texas. Secretary of State. Texas Register, Volume 36, Number 34, Pages 5247-5552, August 26, 2011, periodical, August 26, 2011; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth190845/m1/99/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.