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Rule §9.7 Vegetable Seed

Published: 2015

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(a) Vegetable seed in containers weighing less than one pound may be labeled as to the year for which the seed was packaged for sale in lieu of the actual date of test. If this procedure for labeling is used, the words "packed for" must precede the year. The year packed for will cover a period of time beginning August 1 of the current year through September 30 of the following year. No seed showing packed for the next year shall be offered for sale to the ultimate consumer:   (1) before August 1 of present year or after September 30 of the next year;   (2) for a period of time exceeding 12 consecutive months during the year for which it was packed. (b) For vegetable seed packed in containers weighing less than one pound, the nine-month limitation of date of test, concerning germination and purity testing, is extended to 12 months, exclusive of the calendar month in which the test was completed.
(c) The standards for germination of vegetable seed are as follows: artichoke: 60; asparagus: 70; asparagusbean: 75; bean, garden: 70; bean, lima: 70; bean, runner: 75; beet: 65; broadbean: 75; broccoli: 75; brussels sprouts: 70; burdock, great: 60; cabbage: 75; cabbage, tronchuda: 75; cabbage, Chinese: 75; cardoon: 60; carrot: 55; cauliflower: 75; celeriac: 55; celery: 55; chard, Swiss: 65; chicory: 65; chives: 50; citron: 65; collards: 80; corn, sweet: 75; cornsalad: 70; cowpea: 75; cress, garden: 75; cress, upland: 60; cress, water: 40; cucumber: 80; dandelion: 60; dill: 60; eggplant: 60; endive: 70; kale: 75; kale, Chinese: 75; kale, Siberian: 75; kohlrabi: 75; leek: 60; lettuce: 80; melon: 75; mustard, India: 75; mustard, spinach: 75; okra: 50; onion: 70; onion, Welsh: 70; pak-choi: 75; parsley: 60; parnsip: 60; pea: 80; pepper: 55; pumpkin: 75; radish: 75; rhubarb: 60; rutabaga: 75; salsify: 75; savory summer: 55; sorrel: 65; soybean: 75; spinach: 60; spinach, New
Zealand: 40; squash: 75; tomato: 75; tomato, husk: 50; turnip: 80; watermelon: 70. (d) Vegetable seed may be labeled with an expiration date in lieu of the actual date of test or year for which the seed was packaged. If an expiration date is used, the words "Texas expiration date," "expiration date," "exp. date," or "TX exp. date" must precede the month and year. Unless otherwise specified, the expiration date will be the last day of the month designated. (e) If vegetable seed is sold or offered for sale from jars, cans, bins, or other bulk containers to which the purchaser has access before buying, the seller shall attach to the container a label bearing all required information including the name and address of the seller. (f) Containers of seed prepackaged by the seller must be labeled in accordance with requirements applying to the specific kind(s) of seed in said prepackaged container. (g) It shall
be permissible for the seller to adopt and use the analysis furnished by the original seller; however, responsibility for any alleged deficiencies in the quality of seed made subsequent to such a sale, shall be with the seller. (h) The requirement for a Vegetable Seed License is waived for the seller if the original container bears labeling information adequately reflecting that this requirement has been met. (i) The germination test period for seed sold from an opened hermetically-sealed container cannot exceed nine months from the date the container was opened. The date on which the container was opened must be designated on the container. (See §9.11 of this title (relating to Hermetically-Sealed Containers).)

Source Note: The provisions of this §9.7 adopted to be effective September 2, 1996, 21 TexReg 7800.