(a) The certifying agency shall determine that genetic purity and identity are maintained at all stages of certification including seeding, harvesting, processing, and labeling of the seed.

(b) The unit of certification shall be a clearly defined field or fields.

(c) One or more field inspection shall be made:

The field shall be in suitable condition to permit an adequate inspection to determine genetic purity and identity.

(d) One or more inspections of harvested lots of seed from inspected fields may be made at any time by authorized persons who shall have authority to recommend to the certifying agency the rejection for certification of any lot not properly protected from mixture, improperly identified or improperly handled.

(e) Seed from inspected fields must be positively identified at all times. Bins containing bulk lots of seed (cleaned or uncleaned) must be identified either by bin number or by lot number and variety of the seed in the bin. If bin numbers are used, accurate records must be kept to correlate bin number with variety and lot number. Bags must be identified by a stenciled lot number or identification tag securely fastened to each bag.

(f) All samples from each cleaned lot of seed eligible for certification shall be drawn by a person approved by the certifying agency and the department as demonstrated by an approved compliance agreement for the sampling of certified seed. Samples shall be taken according to the procedures set forth in the AASCO Handbook on Seed Sampling, 2006 edition, published by the Association of American Seed Control Officials. The document is available from Anita Hall, 101 East State Street, #214, Ithaca, NY 14850. It is available for public inspection and copying in the offices of the Director of Plant Industry, New York State Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, or in the offices of Department of State, 41 State Street, Albany, NY 12231. Samples shall be taken from and be truly representative of the entire lot of seed which has been recleaned and is in condition for sale. Such sample shall not be considered as being representative for any seed which is recleaned later. Evidence that any lot of seed has not been protected from contamination which might affect genetic purity, or is not properly identified, shall be cause for possible rejection of certification.

(g) Analysis and tests of samples of seed and definitions and analytical terms shall be in accordance with the Rules for Testing Seeds, 2007 edition, published by the Association of Official Seed Analysts. The document is available from the Association of Official Seed Analysts, #285, 601 S. Washington, Mail Boxes, Etc., Stillwater, OK 74074. It is available for public inspection and copying in the office of the Director of Plant Industry, New York State Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, or in the office of the Department of State, 41 State Street, Albany, NY 12231. Testing shall be performed by laboratories approved by the certifying agency in consultation with the department.

(h) Second sample. If a representative sample of the certified class of seed contains one prohibited seed, or in the case of quackgrass, one multiple floret, or fails to meet germination standards, the lot may be resampled by an official of the seed certifying agency. If the second sample thus obtained meets certification requirements, the lot will be accepted for certification.