(a)

1. (1)

   1. (A) Seed eligible for bulk certification shall meet all field and clean seed standards for certified seed as specified in this part.
   2. (B) All rules for production, conditioning, and testing of certified seed shall apply, except that seed does not have to be in bags.

2. (2) Limitations:

   1. (A) Only seed of wheat may be certified in bulk;
   2. (B) Certification of seed in the bulk shall be limited to the certified (BT) class;
   3. (C) Lots are limited to the size of the bin;
   4. (D) Seed certified in the bulk and sold in the bulk shall not be eligible for recertification;
   5. (E)

(i) If any seed is bagged out of a dedicated bulk bin after conditioning and sampling for certified class of the bulk lot is completed, a voided bulk certificate for the amount bagged must be sent to the certification office.

1. (ii) Reminder. Certified labels on bagged seed must have originating certified grower’s certification number; and

   1. (F)

      1. (i) Bulk sales shall be limited to a maximum of two (2) movements:

(b) (b) From approved retailer directly to the consumer who will plant the seed.

1. (ii) Form 24 bulk transfers of seed between certified growers/seedsmen are unlimited.

(b) Application for bulk certification.

1. (1)

   1. (A) In order for a seedsman/producer or retail facility to sell bulk-certified seed, an application for bulk certification and order for bulk certificates must be made to the State Plant Board Seed Certification Office, no later than December 15 for wheat.

   2. (B)

      1. (i) Retail seed facilities that are not certified producers/dealers must secure approval from the State Plant Board.
      2. (ii) Application for a retail facility to sell bulk-certified seed from their facility will be approved after the applicant’s storage has been inspected and acceptable procedures for receiving, storing, dispensing, and record keeping for maintaining identity of the seed have been demonstrated.

2. (2)

   1. (A)

      1. (i) Each seedsman and/or retail seed facility must have in force a current Arkansas bulk certification permit for each location where bulk seed will be sold.
      2. (ii) Each facility will be subject to inspection by the board to ensure acceptable procedures are being used in handling, storing, dispensing, and record keeping for maintaining identity of bulk-certified seed.
   2. (B) The bulk certification permit fee is ten dollars ($10.00) for each retail location.

3. (3) Justified complaints from inspectors and/or consumers of bulk certified seed will be handled through the civil penalty enforcement process and/or arbitration.

   1. (c) Storage requirements.

4. (1)

   1. (A) A separate storage bin must be available for each variety that will be sold in bulk.
   2. (B) Lots purchased from other certified dealer/producers must be maintained as separate lots.

5. (2)

   1. (A) All bins must be clearly and prominently marked to show crop and variety.
   2. (B) The identity of all bulk lots (bin designations and lot numbers) must be maintained until the entire lot is disposed of.

6. (3)

   1. (A) Storage must be such that genetic purity and identity can be maintained.

   2. (B) All bins must be constructed so that bin openings can be kept closed to prevent contamination.

      1. (d) Records — Bulk certificate fees.

7. (1)

   1. (A) The serially numbered bulk certified seed certificate takes the place of the certified seed tag.

      1. (i) The buyer must receive a certificate for each load of bulk-certified seed.
      2. (ii) The required labeling information of the seed sold will be preprinted on the certificates or written in ink on the bulk certificate at the time of the sale.
      3. (iii) A copy of the certificate and any voided certificate must be returned to the seed certification office at the end of the season.
   2. (B) Bulk certificates (used for all sales including a movement of the seed) from a certified dealer/producer to a bulk retail facility or farmer will cost twenty-five cents (25ȼ) each.
   3. (C) Copies of bulk certificates and a fee of eight cents (8ȼ) per bushel for the total amount sold as bulk certified shall be returned to the certification office at the end of each crop season (January 15 for wheat).

8. (2)

   1. (A) The following records must be maintained:

      1. (i) The amount of seed grown, conditioned, or purchased for bulk sale;
      2. (ii) The amount of bulk seed sold by variety and lot number; and
      3. (iii) Current inventory of seed available for sale of each variety.

   2. (B)

      1. (i) At the end of each crop season (January 15 for wheat), a bulk-certified sales summary for each variety and lot number shall be sent to the certification office regarding all sales of bulk-certified seed.
      2. (ii) Copies of retail certificates used as well as all unused certificates shall be returned at this time.

(e) Sampling.

1. (1) Official samples for a complete test must be drawn from the cleaned seed after conditioning and/or treating.
2. (2) After the official sample is taken, no additional seed may be added to the lot.