1. (a) Certified seed of the certified class only 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 requirements 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; the delivery to be made by the certified seed grower or producer directly to the consumer.
   2. (2) Seed sold in bulk is not eligible for further increase under the certification program.
   3. (3) Bulk seed sold outside the state of Texas cannot be recognized or referred to as certified seed.
   4. (4) Certification labels will be issued for seed intended for bulk sale with the net weight left blank. The seller must write in the net weight in ink at the time of sale.
   5. (5) A certification label must be affixed to the shipping order or bill of lading and the sales invoices in such a way as to prevent easy removal and reattachment.
   6. (6) When delivery is made, a check of the bin or receiving vehicle must be made to determine if it is clean. If it is not clean, this should be noted on the shipping order and on the invoice.

3. (c) The certified seed grower must provide a copy of the shipping order or bill of lading to the consumer upon delivery and an invoice to the deliver purchaser. A copy of each and the necessary certification tag fee (at $.08 per one hundred pounds) must be forwarded to the Seed Quality Program, within 30 days. The following information must be included on the invoice:

   1. (1) kind and variety;
   2. (2) field lot and/or contract grower;
   3. (3) weight of seed;
   4. (4) date of transaction;
   5. (5) certified seed grower's name and address;
   6. (6) buyer's name and address; and
   7. (7) consumer or delivery point.

Source Note:The provisions of this §10.11 adopted to be effective September 2, 1996, 21 TexReg 7955; amended to be effective February 28, 2002 27 TexReg 1316.