IDAPA 02.06.01
Growers of bluegrass or rapeseed, sellers and distributors of seed
This rule governs procedures for production, sale or distribution of seed in Idaho, including rapeseed and bluegrass. This rule also establishes seed service testing fees for purity, germination, tetrazolium and special tests. This rule includes certain requirements and restrictions to protect bluegrass and rapeseed crops from regulated pests and/or adulteration.
The three sub-chapters to this rule – Pure Seed, Rapeseed, and Bluegrass – were originally requested by stakeholders to ensure purity of crops planted and grown within Idaho. All were written through a negotiated rulemaking process. As we worked with stakeholders on renewal and consolidation of these rules, they communicated that these rules are still important to safeguarding their production. Idaho is a leader in seed production and protecting these seed crops from plant pests and disease is crucial to these high value crops.
This rule implements the following statutes passed by the Idaho Legislature:
Agriculture and Horticulture -
Idaho State Department of Agriculture 2270 Old Penitentiary Rd. Boise, ID 83712 P.O. Box 7249 Boise, ID 83707 Phone: (208) 332-8500 Fax: (208) 334-2170 Email: rulesinfo@isda.idaho.gov Webpage: https://agri.idaho.gov/main/
This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.
02.06.01 – Rules Governing the Production and Distribution of Seed
000. Legal Authority. ... 3
001. Scope. ... 3
002. -- 109. (Reserved) ... 3
SUBCHAPTER A – PURE SEED
110. Definitions. ... 3
111. -- 119. (Reserved) ... 3
120. Germination Standards For vegetable seeds. ... 3
121. -- 129. (Reserved) ... 3
130. Germination Standards For Flower Seeds. ... 3
131. -- 139. (Reserved) ... 3
140. Germination Standards For Seed In Hermetically Sealed Containers. ... 3
141. -- 149. (Reserved) ... 3
150. Noxious Weeds. ... 3
151. -- 159. (Reserved) ... 5
160. Label Requirements Of Seeds For Sprouting. ... 5
161. -- 169. (Reserved) ... 5
170. Viability By TZ%. ... 5
171. -- 179. (Reserved) ... 5
180. Methods Of Testing. ... 5
181. -- 189. (Reserved) ... 5
190. Service Testing Fees -- Purity, Germination And Tetrazolium Fees. ... 5
191. Service Testing Fees -- Special Tests. ... 7
192. Service Testing Fees -- Miscellaneous Fees. ... 8
193. (Reserved) ... 9
194. Seed Dealer's License Fees. ... 9
195. -- 999. (Reserved) ... 9
Sections 22-108(2), 22-418(4), 22-418(11), 22-2004 and 22-2006, Idaho Code. (7-1-26)
These rules govern procedures for sale or distribution of seed in Idaho, including rapeseed and bluegrass. These rules will also establish seed service testing fees for purity, germination, tetrazolium and special tests. (7-1-26)
In addition to the definitions set forth in Section 22-414, Idaho Code, the definition in Section 110 apply to the interpretation and enforcement of Subchapter A only: (3-15-22)
01. Condition. Drying, cleaning, scarifying and other operations that could change the purity or germination of the seed and require the seed lot to be retested to determine the label information. (7-1-26)
Standard testing procedures for kinds of vegetable seeds have been prescribed by the AOSA or AASCO and that are required by the labeling provisions of Section 22-415, Idaho Code. (7-1-26)
Standard testing procedures for kinds of flower seeds have been prescribed by the AOSA or AASCO and that are required by the labeling provisions of Section 22-415, Idaho Code. (7-1-26)
01. Below Standard. A mixture of kinds of flower seeds will be considered to be below standard if the germination of any kind or combination of kinds constituting twenty-five percent (25%) or more of the mixture by number is below standard for the kind or kinds involved. (3-15-22)
The period of validity of germination tests is extended to the following period for seed packaged in hermetically sealed containers under conditions and label requirements set forth in Subchapter A. (3-15-22)
01. Germination Tests. The germination test for agricultural and vegetable seed shall have been completed within the following period, exclusive of the calendar month in which the test was completed, immediately prior to shipment, delivery, transportation or sales: (3-15-22)
a. In the case of agricultural or vegetable seeds shipped, delivered, transported or sold to a dealer for resale, eighteen (18) months; (3-15-22)
b. In the case of agricultural or vegetable seeds for sale or sold at retail, thirty-six (36) months. (3-15-22)
02. Conditions of Packaging. Standard testing procedures for Hermetically-sealed seed have been prescribed by the AOSA or AASCO and that are required by the labeling provisions of Section 22-415, Idaho Code. (7-1-26)
All States Noxious Weed Seed Testing includes noxious weeds listed in IDAPA 02.06.09. Species in the below tables refer to additional prohibited and restricted weeds for seed commodities. (7-1-26)
| Common Name | Scientific Name |
|---|---|
| 1. Buffalobur | 1. Solanum rostratum Dun. |
| 2. Bursage, Skeleton leaf | 2. Ambrosia tomentosa Nutt. |
| 3. Camelhorn | 3. Alhagi camelorum Fisch. |
| 4. Carrot, Wild | 4. Daucus carota L. |
| 5. Fieldcress, Austrian | 5. Rorippa austriaca (Crantz) Bess. |
| 6. Goatgrass | 6. Aegilops cylindrica Host |
| 7. Groundcherry, Smooth | 7. Physalis subglabrata Mackenz. & Bush |
| 8. Nightshade, Silverleaf | 8. Solanum elaeagnifolium Cav. |
| 9. Quackgrass | 9. Elytrigia repens; Agropyron repens (L.) Beauv. |
| 10. St. Johnswort, Common | 10. Hypericum perforatum L. |
| 11. Swainsonpea | 11. Sphaerophys salsula (Pall.) DC; Swainsona salsula (Pallas) Taubert |
(7-1-26)
| Common Name | Scientific Name |
|---|---|
| 1. Dodder | 1. Cuscuta spp. |
| 2. Halogeton | 2. Halogeton glomeratus (Stephen ex Bieb.) C.A. Mey |
| 3. Lettuce, Blue | 3. Lactuca pulchella (Pursch) DC. |
| 4. Oats, Wild | 4. Avena fatua L. |
| 5. Plantain, Buckhorn | 5. Plantago lanceolata L. |
| 6. Ragweed, Western and Perennial | 6. Ambrosia psilostachya DC., (T. & G.) Farw. |
| 7. Rye, Medusahead | 7. Taeniatherum caput-medusae (L.) Nevski; Elymus caput-medusae (L.) |
| 8. Sumpweed, Poverty | 8. Iva axillaris Pursh |
(7-1-26)
(7-1-26)
a. Seven (7) seeds in fifty (50) grams of Agrotis species, Poa species, Rhodes grass, Bermudagrass, timothy, celery, and other agricultural or vegetable seeds of similar size and weight, within this group. (3-15-22)
b. Seven (7) seeds in each fifty (50) grams of Dallisgrass, ryegrass, fescue species, foxtail millets, alfalfa, red clover, sweetclover, lespedeza, bromegrass, Brassica species, carrot, onion, and other agricultural or vegetable seeds of similar size and weight or mixtures within this group, or mixtures of this group with those in group A. (3-15-22)
c. Seven (7) seeds in fifty (50) grams of alsike clover, white clover, and other agricultural or vegetable seeds of similar size and weight or mixtures within this group, with those in group A or group B. (3-15-22)
d. Eight (8) seeds in one hundred fifty (150) grams of Proso millet, Sudangrass, and seeds of similar size and weight, or mixtures of seed within this group. (3-15-22)
e. Forty-five (45) seeds in each pound for all wheatgrass species. (3-15-22)
f. Four (4) seeds in each five hundred (500) grams of wheat, oats, rye, barley, buckwheat, sorghums, vetches, field peas, and other seeds of a size and weight similar to or greater than those within this group, or any mixtures within this group. (3-15-22)
g. Containing more than one percent (1%) by weight of weed seeds including restricted noxious weed seeds referred to in Section 22-414(18)(b), Idaho Code, provided, that three percent (3%) of cheat, chess, or downy brome will be allowed in grass seed in which these weeds are found. (3-15-22)
The following information shall be indicated on all labels of seeds sold for sprouting in health food stores or other outlets: (3-15-22)
01. Name. Commonly accepted name of kind. (3-15-22)
02. Lot. Lot number. (3-15-22)
03. Percentage. Percentage by weight of the pure seed, crop seeds, inert matter, and weed seeds if required. (3-15-22)
04. Germination Percentage. Percentage of germination. (3-15-22)
05. Date. The calendar month and year the test was completed to determine such percentage. (3-15-22)
A TZ (tetrazolium) test may be used in lieu of germination for the following species with the label reading “viability by TZ%”: Bitterbrush; Saltbush; Sagebrush; Indian Ricegrass; and Winterfat. (3-15-22)
All methods used in testing and analyzing seed subject to Subchapter A and the tolerances used in the enforcement of Subchapter A shall conform as nearly as practicable to the current “Rules for Testing Seed” adopted by the AOSA on file at the Idaho Department of Agriculture, State Seed Lab located at 2240 Kellogg Lane, Boise, Idaho 83712. (7-1-26)
| Purity, Germination, and Tetrazolium Fees | |||
|---|---|---|---|
| Kind of Seeds | Purity* $/Unit | Germination $/Unit | Tetrazolium** $/Unit |
| AGRICULTURAL GRASS SEED | |||
| Bluegrasses | $68 | $38 | $60 |
| Bromegrasses | $57 | $36 | $60 |
| Fescues | $53 | $33 | $60 |
| Orchardgrass | $57 | $38 | $60 |
| Ryegrasses | $57 | $35*** | $60 |
| Timothy | $42 | $35 | $60 |
| For all others the hourly rate will apply | |||
| FIELD SEED | |||
| Alfalfa, clovers and trefoils | $30 | $26 | $60 |
| Cereals (Barley, Oats, Rice, Rye, Triticale and Wheat) | $38 | $26 | $60 |
| Beans | $32 | $28 | $60 |
| Corn (all types) | $30 | $26 | $60 |
| Peas, and Lentils | $27 | $26 | $60 |
| For all others the hourly rate will apply | |||
| VEGETABLES, FLOWERS AND HERB SEED | |||
| Brassica (Canola, Cauliflower, Broccoli, Radish, etc.) | $60 | $26 | $76 |
| Beets and Swiss chard | $44 | $48 | $60 |
| Carrots, celery, dill and parsley | $41 | $30 | $60 |
| Cucurbits (Squash, melons, etc.) | $38 | $30 | $60 |
| Flowers (Bachelors button, poppy, etc.) | $60 | $38 | $76 |
| Lettuce, tomato, and pepper | $38 | $30 | $60 |
| Onion and Chives | $38 | $30 | $60 |
| For all others the hourly rate will apply | |||
| TREE AND SHRUB SEED | |||
| Bitterbrush | $60 | $45 | $76 |
| Saltbush | $91 | $45 | $76 |
| Chokecherry and Woods' rose | $38 | $91 | $91 |
| Serviceberry, cliff-rose and mahogany | $45 | $45 | $60 |
| Purity, Germination, and Tetrazolium Fees | |||
|---|---|---|---|
| Kind of Seeds | Purity* $/Unit | Germination $/Unit | Tetrazolium $/Unit |
| Trees (Firs, pines, spruces, etc.) | $38 | $45 | $60 |
| For all others the hourly rate will apply | |||
| RANGE AND NATIVE SEED | |||
| Bluestems and gramas | Hourly Rate | $45 | $76 |
| Globemallow and penstemons | $60 | $45 | $76 |
| Kochia and forage Kochia | $45 | $45 | $60 |
| Rushes and Sedges | Hourly Rate | $45 | $76 |
| Sagebrush and Rabbitbrush | Hourly Rate | $45 | $60 |
| Wheatgrasses, wildryes, and squirreltail | $60 | $38 | $60 |
| Winterfat | Hourly Rate | $45 | Hourly Rate |
| For all others the hourly rate will apply |
For all samples submitted for a TZ or Germination test requiring more than one (1) hour for cleaning and/or preparing will be charged at the standard hourly rate of forty dollars ($40) for each additional hour.
(7-1-24)
| Special Testing Fees | |
|---|---|
| Test Procedures: | Fees $/Unit |
| All States Noxious | $38 |
| Canada: Purity Germination | $20 - Added to purity fee $4.00 - Added to germination fee |
| Certified Grains | $13 - Added to purity fee |
| Cold Test | $35 |
| Crop & Weed Check | $37 |
| Dormancy Percentage | $11 - Minimum or Dormant% found x germination fee |
| E.C. Norms | $30 |
| Special Testing Fees | |
|---|---|
| Test Procedures: | Fees $/Unit |
| Noxious Weed Germination (Compost/Mulch, etc.) | $27 |
| Noxious Weed Purity (Hay, Straw, etc.) | $Hourly Rate |
| Identification | $8 - Minimum or hourly if necessary |
| Inventory Germinations (For Carryover Seed Only, when requested) | 20% discount of listed germination fee; Available only for the months of March through July. |
| ISTA: Purity Germination | $20 - Added to purity fee $4 - Added to germination fee |
| Mixtures: Purity Germination Tetrazolium | $19 - Added per kind exceeding 5% $19 - Added per kind exceeding 5% $27 - Added per kind exceeding 5% |
| Moisture Test | $21 |
| Round-Up-Ready Trait Test (Alfalfa, Canola, Corn) | $60 |
| Sand Germination | $38 |
| Seed Count | $20 |
| Soil Exam | $20.00 |
| Sod Quality: Bentgrass Bermudagrass Bluegrass | $100 $97 $97 |
| Soil Germination | $35 |
| Species Exam | $37 |
| Undesirable Grass Species | $39 |
(7-1-24)
| Miscellaneous Fees | |
|---|---|
| Type of Service: | Fees $/Unit |
| Administrative Charge per Test for Internet Access and Data Processing. | Not to exceed $2 per test |
| Hourly Charge | $60 |
| Miscellaneous Fees | |
|---|---|
| Type of Service: | Fees $/Unit |
| Merge Records | $4 |
| Rush Service | $75 |
| Super Rush Service (priority processing over Rush) | $150 |
(7-1-24)
Seed dealers shall obtain a seed dealer's license for each location in Idaho before they can sell, offer for sale, expose for sale or deliver agricultural seeds in packages of eight (8) ounces or more or bulk under contract within the state of Idaho. Seed dealers pay only for the service or services they render according to the following fee schedule:
(3-15-22)
a. License to condition or clean agricultural seeds in Idaho - one-hundred dollars ($100). (3-15-22)
b. License to label container or bulk agricultural seeds for sale in Idaho - fifty dollars ($50). (3-15-22)
c. License to sell, offer for sale, expose for sale, or deliver agricultural seeds in packages of eight (8) ounces or more or in bulk under a contract in Idaho: (3-15-22)
i. For annual gross sales of five hundred dollars ($500) or more, but less than one thousand dollars ($1,000) - fifty dollars ($50). (3-15-22)
ii. For annual gross sales of one thousand dollars ($1,000) or more - one hundred dollars ($100). (3-15-22)
a. Any person selling seed who has total annual gross seed sales not exceeding five hundred dollars ($500) is exempt from Section 194. (3-15-22)
b. An in-state dealer or out-of-state dealer who sells, offers for sale, exposes for sale or delivers seed only in packages of less than eight (8) ounces is exempt from Section 194. (3-15-22)