(a) When certified seed of any kind, variety or class is in short supply due to circumstances beyond the control of certified seed growers, seed meeting all certification requirements in respect to variety purity, but failing to meet other standards, may be certified. The conditions under which seed is certified shall be prescribed jointly by the certifying agency and the commissioner. Seeds so certified shall be tagged with a green certification tag which shall clearly show the class of certified seed and the respects in which the seed to which it is attached does not meet regular certification standards. No seed shall be certified under this provision under conditions which will be injurious to the reputation of the certified seed.

(b) Foundation and registered seed failing to meet certification standards other than those affecting genetic purity may be identified as approved planting stock for the production of certified seed in New York State upon the approval of the certifying agency. The tag attached to such seed shall clearly show the class of certified seed that may be produced using these planting stocks and the respects in which the seed does not meet regular certification standards.

(c) Should amounts of foundation seed be inadequate to meet demands for planting stock due to fire, drought or other disaster, the certifying agency in consultation with the Department of Agriculture and Markets shall be authorized to locate, purchase and distribute as “approved planting stock” any appropriate and suitable seed.