1 CRR-NY 95.3NY-CRR
1 CRR-NY 95.3
1 CRR-NY 95.3
95.3 Interpretation of terms used.
In interpreting the terms used in this Act in regard to the sale of unlabeled, uncleaned, and unfit seed the definitions and explanations formulated by the Commissioner of Agriculture and Markets shall apply.
(a) “Unlabeled” seed shall be understood to mean lots or parcels of seeds or mixtures of seeds which lack any or all of the required items of label information for that particular kind of seed or mixture.
(b) Seed “so unclean as to be unfit for planting” shall be understood to mean that the seed has not been subjected to the usual commercial cleaning processes to remove harmful and troublesome weed seeds in such quantities that it might badly infest a field in which it was planted. Seeds of wheat, oats, rye, barley, and other seeds of similar size or larger will be considered to be “so unclean as to be unfit for planting” if they contain 10 noxious weed seeds or more per pound. Seeds of grasses, small-seeded legumes, and all other seeds smaller in size than wheat will be considered to be unfit for planting if they contain noxious weed seeds at a rate of 100 seeds or more per pound, except that lawn seed or lawn seeding mixtures containing annual bluegrass (Poa annua) will be considered fit for planting provided (1) that the name and number of annual bluegrass (Poa annua)seeds per pound is stated on the label as required by paragraph 5. of subdivision C. of section 137 of the Agriculture and Markets Law, or (2) that annual bluegrass (Poa annua) be listed on the label as a component crop seed of the lawn seed or lawn seeding mixture and that the percentage by weight and percentage of germination be shown.
(c) Agricultural seeds will be considered to be “so weak or low in germination as to be unfit for seeding purposes” if the percentage germination obtained in a standard laboratory test is less than two thirds of the minimum germination percentage specified for certified seed of the kind in question in the latest minimum standards adopted by the International Crop Improvement Association. Vegetable and flower seeds will be considered to be unfit for planting if the germination percentage obtained in a standard laboratory test is less than two thirds of the germination standard for the kind in question specified in these rules and regulations. Seeds of kinds not listed in the minimum certification standards of the International Crop Improvement Association nor in the vegetable and flower seed standards set forth in these rules and regulations will be considered to be unfit for planting if they show no germination or distinctly weak vitality, or produce so few seedlings as to make a satisfactory stand in the field impossible at normal planting rates.
(d) Seed shall not be considered to have been packaged or tested for the calendar year in which it is sold, offered or exposed for sale unless a test to determine the percentage germination shall have been made during the nine-month period immediately preceding the date on which the seed is sold, offered or exposed for sale.
(e) The term “standard testing procedures” as used in this article shall be understood to mean procedures adopted by the Association of Official Seed Analysts and published in the most recent edition of the “Rules for Testing Seed” of that Association.
1 CRR-NY 95.3
Current through January 15, 2022
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