(a) Explanation of services.
(1) Regulatory samples.
- (A) Samples which are drawn by the State Plant Board in accordance with procedures as outlined in this part.
- (B) Samples are taken from seed that has already been labeled and is in the trade channels.
- (C) The purpose of regulatory samples is to ensure that the seed has been correctly labeled (consumer protection).
(2) Service samples.
- (A)
(i) Samples which are submitted to the board for testing.
(ii) Information from test results may be used to label seed.
(B) There are two (2) kinds of service samples:
- (i)
- (a) (a) Certified samples are samples which are produced from crops that are in the certification program.
(b) (b) This seed was field inspected by the board and has met field standards.
(c) (c) The samples must be taken by the board and must pass the strict standards of laboratory testing before being allowed to bear the official Arkansas certified label; and
- (ii)
- (a) (a) Noncertified samples are samples which do not meet the requirements under the certification program.
- (b) (b) Samples may be submitted by the seedsman/farmer.
(b) Explanation of tests.
(1)
- (A) Complete analysis (comp) consists of the determination of the percent (%) pure seed, percent (%) weed seed, percent (%) other crop, percent (%) inert matter, percent (%) germination, and the number and kind of noxious weeds found in the sample per pound.
- (B) Samples which are under consideration for certification are also tested for percent (%) moisture and varietal purity.
- (2) Germ only (GO) consists of the determination of the percent (%) germination.
- (3) Purity only (PO) is the same as a complete except the percent (%) germination is not determined.
- (4) Varietal purity (VP) is the determination of the presence of varietal contaminants (certified seed only).
- (5) Noxious weed exam (NWE) consists of the determination of the number and kind of noxious weeds found in the sample per pound.
(6) Red rice exam (RRE) consists of the determination of the number of red rice found in the sample per pound.
- (c) Schedule of fees.
- (1) Regulatory samples. There are no fees charged for regulatory samples unless copies of test results are requested, then fees are the same as for service samples.
(2) Service samples.
| COMPLETE | PURITY OR GERM ONLY |
| ALFALFA | $16.00 | $12.00 |
| BAHIAGRASS | $16.00 | $12.00 |
| BARLEY | $16.00 | $ 8.00 |
| BEAN (garden & field) | $16.00 | $ 8.00 |
| BERMUDAGRASS | $16.00 | $12.00 |
| BLUEGRASS | $16.00 | $12.00 |
| BLUESTEM | $50.00 | $40.00 |
| CLOVER | $16.00 | $12.00 |
| CORN | $16.00 | $ 8.00 |
| COTTON | $16.00 | $ 8.00 |
| DALLISGRASS | $16.00 | $12.00 |
| FESCUE | $16.00 | $12.00 |
| JOHNSONGRASS | $16.00 | $12.00 |
| LESPEDEZA | $16.00 | $12.00 |
| LOVEGRASS | $16.00 | $12.00 |
| MILLET | $16.00 | $12.00 |
| MUSTARD | $16.00 | $12.00 |
| OATS | $16.00 | $ 8.00 |
| OKRA | $16.00 | $ 8.00 |
| PEAS (garden & field) | $16.00 | $ 8.00 |
| PEANUTS | $16.00 | $ 8.00 |
| RICE | $16.00 | $ 8.00 |
| RYE | $16.00 | $ 8.00 |
| RYEGRASS | $16.00 | $12.00 |
| SORGHUM | $16.00 | $ 8.00 |
| SOYBEANS | $16.00 | $ 8.00 |
| TURNIP/RAPE | $16.00 | $12.00 |
| VETCH | $16.00 | $ 8.00 |
| WHEAT | $16.00 | $ 8.00 |
| VEGETABLES | $16.00 | $12.00 |
(A)
- (i) The testing fee for crops not listed will be the same as a listed crop with similar complexity.
- (ii) Call the plant board for exact fee information.
- (B) Analysis for mixtures, eight dollars ($8.00). This will be charged for each additional component in a mixture.
(C) Tetrazolium test (TZ), fifteen dollars ($15.00).
- (i) This is a chemical test that may give an estimate of the germination potential, usually within twenty-four (24) hours from the receipt of the sample.
- (ii) This is not an official germination test and may not be used to label seed for germination.
(D) Vigor test, twelve dollars ($12.00). Seed vigor comprises those properties which determine the potential for rapid uniform emergence and development of normal seedlings under a wide range of field conditions:
- (i) Accelerated aging (soybeans, wheat). Places seed under stress conditions of high temperature and humidity to estimate longevity of seed in warehouse storage and predict stand establishment.
- (ii) Cool test (cotton). Places seed under stress conditions of cool temperatures, simulating early planting conditions; and
- (iii) Complete seedling count (garden beans). Normal seedlings are classified as strong or weak based on presence of seedling structures.
(E) Varietal tests, twelve dollars ($12.00).
- (i)
- (a) (a) There are several aids which enable the analyst to determine, confirm, or group seed as to variety based on numerous tests.
(b) (b) Please refer to the latest issue of the Arkansas Certified Seed Directory for crops which are under consideration for certification for the exact procedure of crop and grade in question.
(ii) Phenol test (wheat). This is a chemical varietal test that groups varieties of wheat into several color reaction categories based on the genetic makeup of the variety.
(iii) Fluorescence test (oats). When placed under an ultraviolet light, varieties of oats will either be fluorescent or nonfluorescent, based on the genetic makeup of the variety.
- (iv) Hypocotyl test (soybeans).
- (a) (a) Soybean seedlings will exhibit the pigmentation of the flower color of the variety when planted under strong lighting conditions.
(b) (b) The hypocotyl (stem) area of the seedling will remain green (white flower) or will turn purple (purple flower) within a few days of emergence.
- (v) Sampling fee, fifteen dollars ($15.00).
- (a) (a) A fee is charged for samples drawn by the board on noncertified seed.
(b) (b) No fee is charged for samples under consideration for certification, provided a representative sample is drawn.
- (vi) Handling fee, three dollars ($3.00).
- (a) (a) A fee is charged for samples that are picked up by the board on noncertified seed.
(b) (b) No fee is charged for samples under consideration for certification.
- (vii) Priority samples, twenty-five dollars ($25.00).
- (a) (a) A service provided to the seedsman/farmer which allows samples to be tested ahead of other samples in the lab.
(b) (b) This fee is an addition to the fee for the test or tests requested.
(viii) Purity first, one dollar ($1.00). Upon request, a preliminary purity report will be given upon completion of the test.
(ix) Additional analysis reports, one dollar ($1.00). For each additional requested copy of the analysis report.
- (x) Services not otherwise mentioned.
- (a) (a) Based upon need and ability, the board may elect to provide services for which fees have not been set.
(b) (b) Fees charged will be based on recovering the reasonable and customary cost of services rendered.
- (3) Inspection fees for seed found mislabeled. If seed are found mislabeled or required tags are not attached or some other requirement is not met, the seedsman whose permit label or number is attached or on the bags or the seedsman who made the shipment or the person to whom the notice was issued may be required to pay to the board as an inspection fee the sum of fifteen dollars ($15.00).
(4) License fee — Tonnage fee — Cost of permit labels.
(A)
- (i) The annual fee for a seed labeler’s license shall be two hundred fifty dollars ($250).
- (ii) The annual fee for registration of a subsidiary location (distributing agricultural field-crop seed within or into Arkansas) shall be two hundred fifty dollars ($250).
- (B) Persons using the reporting system shall pay ten cents (10¢) per each hundred pounds (100 lbs.) of seed (tonnage fee).
- (C) The cost of permit labels issued with only the seedsman's name, address, and permit number shall be ten cents (10¢) each.
- (D) The cost of permit labels completely printed for certified seed failing to meet the standards shall be ten cents (10¢) each.
- (E) The cost of permit labels completely printed on all other seed shall be ten cents (10¢) each.
(F)
- (i)
- (a) (a) The annual fee for a certification permit for all applicants to certify seed shall be one hundred dollars ($100) on acreage of one hundred (100) acres or less.
(b) (b) Those applicants having a current and valid seed labeler’s license shall be exempt from this requirement.
(c) (c) Certification applicants with acreage greater than one hundred (100) acres are required to have a valid seed labeler’s license.
- (d) (d) Each seedsman and/or retail facility participating in the Bulk Certified Seed Program must have in force a current Arkansas bulk certification permit for each location where bulk certified seed will be sold.
- (e) (e) Records of production and sale of seed grown for certification may be inspected by the board or its representative during normal business hours.
(f) (f) Any planting seed sold as noncertified shall comply fully with 2 CAR § 33-102(b).
(ii) Arkansas certified seed carrying official certification tags on each container, or sold on a bulk certificate, are not subject to the tonnage fee or required to carry an Arkansas permit label.
- (d) Disposition of seed found mislabeled.
(1)
- (A) Any seed held under a stop-sale notice shall not be removed from the premises or disposed of in any manner, until a written release has been given by the board or an authorized agent thereof.
- (B) The seedsman responsible for an intrastate shipment that is found to be mislabeled must submit an explanation including a complete record of the lot in question to the board.
- (C) If the record is not deemed satisfactory then the seedsman shall be given a hearing by the board.
(2)
- (A) Any seed found to be seriously misrepresented or in serious violation of this part may be seized by the board as authorized by Arkansas Code § 2-16-209.
- (B) In lieu of destroying the seed as provided for in this section of the law, it may be given to some state or charitable institution.
- (3) Violations of the Federal Seed Act, that are to be referred to the United States Department of Agriculture, will be approved by the Director of the State Plant Board and reviewed by the seed committee of the board.
Codification Notes: Federal Seed Act is codified at 7 U.S.C. § 1551 et seq.