1 CRR-NY 107.5NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 1. DEPARTMENT OF AGRICULTURE AND MARKETS
CHAPTER III. PLANT INDUSTRY
SUBCHAPTER A. INSPECTION AND SALE OF SEEDS (ARTICLE 9, AGRICULTURE AND MARKETS LAW)
PART 107. SEED POTATO CERTIFICATION STANDARDS FOR CERTIFIED CLASSES
1 CRR-NY 107.5
1 CRR-NY 107.5
107.5 Rules governing sale of certified seed.
(a) Inspection and certification.
(1) No potatoes shall be sold or represented as certified seed potatoes unless they have been officially inspected by the certifying agency and inspection certificates or reports have been issued showing that such potatoes have been produced under and met applicable field and bin inspection standards and requirements, and conform to all other certification standards and requirements as provided herein, including grade standards for the grade under which the seed is to be sold.
(2) Field and bin inspections shall be made by the certifying agency and grading inspections shall be made by the Federal-State Inspection Service. No grading inspection shall be made or grading certificates issued by the cooperative until both a field inspection and separate bin inspection certificate or report have first been issued by the certifying agency.
(3) No person shall sell, offer for sale, have in possession with intent to sell, advertise, label or otherwise represent any potatoes as certified seed or as being of a grade prescribed in these rules; or use in connection with the sale of seed potatoes any work, phrase or designation which suggests that they have been inspected, certified, or graded, unless such potatoes have been inspected, graded and certified under this Chapter, and conform to the grades specified in the grading certificate.
(b) Containers and tags.
All certified seed potatoes shall be sold and delivered in new containers, or containers approved by the certifying agency. Containers packed with potatoes meeting these standards shall be tagged or marked “New York Certified Seed Blue Tag Grade” or “New York Certified Seed Yellow Tag Grade” or “New York Certified Seed White Tag Grade,” as the case may be, and shall bear tags furnished by the certifying agency showing the grower's name.
(c) Required inspection.
All New York blue tag grade and yellow tag grade seed stock sold or offered for sale shall be inspected by the Federal-State Inspection Service. If the potatoes do not meet the grade as marked, the tags or markings shall be removed unless potatoes are regraded and pass inspection.
(d) Bulk shipments.
Bulk shipments meeting certification standards shall be identified as New York certified seed blue tag grade or New York certified seed yellow tag grade, or New York certified seed white tag grade, as the case may be, and shall be accompanied by a bulk transfer certificate issued by the certifying agency.
(e) Storage requirements.
Potatoes stored in a public storehouse shall not be sold as certified seed if ring rot is found or known to be present in potatoes in nearby bins. Sections of a public storehouse which are separated by solid walls or partitions shall be regarded as separate storehouses.
(f) Limitations for New York white tag grade. New York white tag grade shall be sold or offered for sale only within the State of New York. It is not eligible as planting stock for recertification unless it meets the requirements of the grade as evidenced by an inspection performed by the Federal-State Inspection Service.
(g) Records required.
Each grower shall keep a record of persons to whom certified seed was sold. These records shall be available for examination by the official certifying agency or New York State Department of Agriculture and Markets representative upon request. Such records shall include: variety, quantity, field number(s), and other pertinent certification documents.
1 CRR-NY 107.5
Current through January 15, 2022
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