1. (a) The Foundation class of seed may not be sold in bulk. The Registered class of only small grains and rice and the Certified class of any crop kind may be sold in bulk provided the identity of the seed is carefully maintained and the seed is handled in a manner which prevents a mixture. All field and seed standards other than even weight bagging must be met prior to date of sale.

2. (b) Bulk sales are authorized as follows.

   1. (1) A maximum of two sales with a maximum of one delivery are allowed. The delivery is to be made by the certified seed grower or producer directly to the consumer;

   2. (2) It is the seller's responsibility to:

      1. (A) handle seed in a manner to prevent mixtures and contamination;
      2. (B) supply seed that is representative of the seed tested and approved for certification;
      3. (C) insure that all bins, augers, conveyors, and other equipment are adequately cleaned before handling certified seed;
      4. (D) determine that the vehicle receiving bulk certified seed is clean. If it is not clean, this is to be noted on the bill of sale or transfer certificate;
      5. (E) keep a sample of each load of bulk certified seed sold;
      6. (F) not accept any returned seed;
      7. (G) send a copy of the Bulk Sales Certificate and a one pound sample of each transaction to the Seed Quality Program in Giddings. This must be sent within 30 days of each transaction along with the following information:
      8. (H) pay the necessary Bulk Sales Certificate fee ($.10 per one hundred pounds, or fraction of one hundred pounds of seed,) and Agricultural Seed Inspection Fee ($.07 per one hundred pounds, or fraction of one hundred pounds of seed, if on the reporting system or $.07 per one hundred pounds, or fraction of one hundred pounds of seed, if using seed fee labels);
   3. (3) It is the buyer's responsibility to maintain purity of the seed after it has been loaded into the buyer's vehicle. Any unplanted seed cannot be returned to seller;

   4. (4) No certification labels will be issued for seed to be sold in bulk. The following documentation must accompany the seed:

      1. (A) a completed and signed copy of the "Bulk Sales Certificate"; and
      2. (B) a copy of the "Report of Seed Analysis".

   5. (5) the following records must be maintained by the certified seed grower or producer:

      1. (A) the amount of seed grown and conditioned for bulk sale;
      2. (B) copies of the Bulk Sales Certificate; and
      3. (C) a current inventory of seed of each variety available for sale.

Source Note:The provisions of this §10.11 adopted to be effective June 12, 2002, 27 TexReg 4933; amended to be effective September 1, 2003, 28 TexReg 7346.