Md. Code Regs. 15.08.03.18

Current through Register Vol. 52, No. 1, January 10, 2025

Section 15.08.03.18 - Certification Requirements for Specific Crops

A. Soybean Seed Certification. In addition to the other requirements of this chapter, the following requirements apply to the certification of soybean seed:

(1) Varieties Per Grower. Not more than two varieties may be produced by each grower, unless permission is granted by the certifying agency. The two varieties grown shall differ in maturity class, pubescence color, or hilum color.

(2) Land Requirements. Soybeans shall be grown on land where the previous crop was not soybeans unless the previous crop was:

(a) Planted with a class of Certified seed of the same variety; or

(b) Soybeans of a contrasting pubescence and hilum color.

(3) Isolation.

(a) If a field of soybeans is to be certified, it shall be separated on all sides by at least 5 feet from any other soybean variety.

(b) When it is necessary to remove a strip of the crop to obtain plant isolation, the part removed shall be cut from the field that is to be inspected by the agency for certification.

(4) Field Inspection.

(a) A field inspection will be made by the certifying agency when plant leaves have dropped and the crop is approaching maturity. Also, a field inspection may be made at blossom time.

(b) A field harvested before inspection is not eligible for certification.

(c) The agency may reject a field containing a crop that is lodged or if the field has excessive weeds so that it is difficult for the inspection to determine the genetic purity of the crop.

(5) Field Inspection Standards for Soybeans.

		Class of Seed
Factor	Foundation	Registered	Certified
Other varieties¹	0	1:10,000 (0.01%)	1:5000 (0.02%)
Corn	0	0	0
Prohibited noxious weeds	0	0	0
Objectionable weeds²	*	*	*
Diseased seed	3%	3%	3%

¹ Refer to Regulation .02B(12).

² Morning glory (Ipomoea spp.), cocklebur (Xanthium spp.), Jimson weed (Datura stramonium), velvet leaf (Abutilon theophraste), black nightshade (Solanum nigrum), spurred anoda (Anoda cristata).

* The certifying agency may reject a field where excessive objectionable weeds are present.

(6) Seed Standards.

		Class of Seed
Factor	Foundation	Registered	Certified
Pure seed (minimum)	98%	98%	98%
Inert matter (maximum)	2%	2%	2%
Other varieties ¹	0.05%	0.1% (2 seed/lb)	0.25% (6 seed/lb)
Other crop seed	0	0.01%	0.01%
Corn	0	0	0
Noxious weeds	0	0	0
Objectionable weeds ²	0	0	0
Weed seed (maximum)	0.01%	0.01%	0.01%
Diseased seed (maximum)	3%	3%	3%
Germination (minimum)	80%	80%	80%

¹ Refer to Regulation .02B(12) of this chapter.

² Morning glory (Ipomoea spp.), Jimson weed (Datura stramonium), black nightshade (Solanum nigrum).

(7) Maximum Lot Size. The size of each lot of certified soybean seed is limited to 2,000 bushels or that quantity of seed, produced by an individual grower, that has been conditioned at the time an official sample is collected. A sample may be collected for each 2,000 bushels in the lot. If the seed is treated, the entire lot shall be treated with the same treatment or combination of treatments.

(8) Before issuing new certification tags for seed carried over from the previous planting season, the Department shall perform an accelerated aging test and a warm germination test for each official sample. These tests shall be conducted after February 1. For each sample, the minimum germination shall be 80 percent and a minimum 75 percent germination following accelerated aging.

B. Small Grain Seed Certification. In addition to the other requirements of this chapter, the following requirements apply to the certification of small grain seed:

(1) Varieties Per Grower. Not more than two varieties may be produced by each grower, unless written permission is granted by the certifying agency before planting.

(2) Land Requirements. If a small grain crop is to be certified, it may not be grown on land that produced a small grain crop the previous year, unless that previous crop was grown from a class of Certified seed of the same variety. Double-cropping or plowing between small grain crops does not change this requirement.

(3) Isolation Requirements.

(a) If a field of barley or oat is to be certified, it shall be separated on all sides by at least 10 feet from other small grain crops or varieties.

(b) If a field of rye is to be certified, it shall be isolated by at least 660 feet from a rye field of any other variety, or a field of the same variety that does not meet certification regulations in this chapter.

(c) If a field of wheat is to be certified, the field shall be separated by the applicant on all sides by at least 10 feet from other small grain crops or varieties, except when the other small grain crop is rye, in which case the field of wheat shall be separated on all sides by at least 660 feet.

(d) If it is necessary to remove a strip of the crop to obtain proper isolation, the part removed shall be cut from the field to be inspected for certification.

(4) Field Inspection.

(a) A field inspection shall be made by the certifying agency when the crop is fully headed and approaching maturity.

(b) A field harvested before inspection is not eligible for certification.

(c) The agency may reject a field that contains a crop that is lodged or has excessive weeds that makes it difficult to determine the genetic purity of the crop.

(5) Field Inspection Standards for Barley, Oat, Rye, Wheat.

		Class of Seed
Factor	Foundation	Registered	Certified
Other varieties	0.005% (1:20,000)	0.01% (1:10,000)	0.02% (1:5,000)
Other crops¹	0	0.005% (1:20,000)	0.01% (1:10,000)
Prohibited noxious weeds	0	0	0
Objectionable weeds²	*	*	*
Seed-borne diseases³	**	**	**

¹ Rye is not permitted.

² Objectionable weeds include wild garlic or wild onion (Allium spp.), corncockle (Agrostemma githago), bindweed (Convolvulus arvensis), vetch (Vicia spp.), and wild radish (Raphanus raphanistrum).

³ If seed-borne diseases are noted at field inspection, seed treatment shall be required.

^* The certifying agency may reject a field where excessive objectionable weeds are present.

^** The certifying agency may reject a field when excessive seed-borne diseases are observed.

(6) Seed Standards for Barley, Oat, Rye, Wheat.

		Class of Seed
Factor	Foundation	Registered	Certified
Pure Seed (minimum)	99%	99%	99%
Inert matter (maximum)	1%	1%	1%
Other varieties	0.01%	0.02%	0.05%
Other crop seed¹	0	1/2 seed/lb.	1 seed/lb.
Noxious weeds	0	0	0
Objectionable weeds²	0	0	0
Weed seed	0.01%	0.01%	0.01%
Germination
Barley, Oat	90%	90%	90%
Rye, Wheat	85%	85%	85%
Diseases³	*	*	*

¹ A maximum of one per pound of another small grain shall be permitted in the Certified class only. Rye is not permitted in other small grains.

² Objectionable weeds include vetch (Vicia spp.), wild radish (Raphanus raphanistrum).

³ If seed-borne diseases are noted upon field inspection or laboratory analysis, seed treatment shall be required.

(7) Maximum Lot Size. The size of each lot of certified small grain seed is limited to 2,000 bushels or that quantity of seed, produced by an individual grower, that has been conditioned at the time an official sample is collected. A sample may be collected for each 2,000 bushels in the lot.

C. Corn Seed Certification-Hybrids, Foundation Single-Crosses and Inbred Lines. In addition to the other requirements of this chapter, the following requirements apply to corn seed certification:

(1) Definitions.

(a) "Foundation single-cross" means a single-cross used in the production of a double-cross or a three-way cross. A Foundation single-cross, to be eligible for certification, shall be produced using inbred lines from sources such that their identity may be assured and approved by the certifying agency.

(b) "Hybrid corn" means seed of corn planted for any use except seed production. It may be any one of the following types:

(i) "Single-cross" means the first generation hybrid between two inbred lines;

(ii) "Double-cross" means the first generation hybrid between two single-crosses;

(iii) "Three-way cross" means the first generation hybrid between a single-cross and an inbred line.

(c) "Inbred line" means a relatively true-breeding strain resulting from at least five successive generations of controlled self-fertilization or of back-crossing to a recurrent parent with selection, or its equivalent, for specific characteristics. To be eligible for certification, the inbred line shall be from a source such that its identity may be assured and approved by the certifying agency.

(2) Classes of Seed.

(a) Only the Certified class is recognized in hybrid corn. Hybrid corn shall be produced from seed that has been grown under conditions that ensure its purity and trueness to type and shall be approved by the certifying agency. Proof of the restoring ability of the line shall be supplied by the originator.

(b) A Foundation single-cross shall consist of the first generation hybrid between two inbred lines to be used in the production of the double or three-way cross. A Foundation single-cross shall be made from Foundation inbreds approved by the certifying agency.

(3) Land Requirements. There is no limitation as to the previous crop.

(4) Field Standards.

(a) Field Inspection. At least one inspection shall be made by the certifying agency during the pollination period.

(b) Isolation-Foundation Single-Crosses and Inbred Lines.

(i) An increase field of an inbred line that is male sterile or fertile, or a production field of a specific Foundation single-cross involving either male sterile or fertile lines, shall be isolated by at least 600 feet from any other kind of corn, except isolation is not required for the production of hand-pollinated seed.

(ii) Adequate natural barriers and differential maturity dates are permitted for modifying isolation distance for both inbreds and single crosses, provided there are not silks in the seed field at the time pollen is being shed in the contaminating field.

(c) Isolation-Hybrid Corn.

(i) A specific hybrid to be accepted for certification shall be located so that the seed parent is at least 660 feet from other corn of a different color or texture. However, the distance may be modified by the planting of pollen parent border rows, the number of which is to be determined by the acreage of the specific cross in accordance with the following table:

When the acreage of a crossing field of a specific hybrid is:

9 or less	10-14	15-19	20-24	25-29	30-34	35-39	40 or Over	Then the number of border rows required is:
And the distance from other corn in feet is:
660	640	620	600	580	560	540	520	2
620	600	580	560	540	520	500	480	3
580	560	540	520	500	480	460	440	4
540	520	500	480	460	440	420	400	5
500	480	460	440	420	400	380	360	6
460	440	420	400	380	360	340	320	7
420	400	380	360	340	320	300	280	8
380	360	340	320	300	280	260	240	9
340	320	300	280	260	240	220	200	10
300	280	260	240	220	200	180	160	11
260	240	220	200	180	160	140	120	12
220	200	180	160	140	120	100	80	13
180	160	140	120	100	80	60	40	14

(ii) Adequate natural barriers are permitted for modifying isolation distances, as approved by the certifying agency.

(iii) Differential maturity dates are permitted for modifying isolation distances, provided there are not receptive silks in the ear parent at the same time pollen is being shed in the contaminating field.

(d) Specific Standards-Male Sterile Ear Parent. A male sterile ear parent may be used to produce Certified hybrid corn seed by either of the following two methods:

(i) Seed of the normal fertile ear parent shall be mixed with the seed of the male sterile ear parent of the same pedigree either by blending in the field at harvest or by size at processing time. The ratio of male sterile ear parent seed to normal ear parent seed may not exceed 2:1.

(ii) The pollen parent shall involve a certified pollen-restoring line or lines so that not less than 1/3 of the plants grown from hybrid corn seed produce pollen which appears to be normal in quantity and viability.

(e) Specific Standards-Detasseling or Pollen Control. The following requirements apply when 5 percent or more of the seed parent plants have receptive silks:

(i) A hybrid shall be disqualified for certification if more than 1 percent of the seed parent stalks have shed pollen at the time of any one inspection or if the total for three inspections on different dates exceeds 2 percent.

(ii) Sucker tassels, portions of tassels, or tassels on main plants shall be counted when 2 inches or more of the central stem, side branches, or a combination of the two, have the anthers extended from the glumes and are shedding pollen.

(f) Other varieties and off-type plants in Foundation single-cross and inbred lines shall meet the following requirements:

(i) A field that contains, at any one inspection, more than 0.1 percent of off-type or more than 2 percent of doubtful type plants that have shed, or are shedding, pollen when 5 percent or more of the plants in the field have receptive silks may not be certified by the agency.

(ii) A plant shedding pollen in male sterile rows shall be destroyed at pollination time to eliminate the possibility of seed production.

(5) Seed Standards.

(a) Bin Inspection. For Foundation single-crosses and inbred lines the tolerance for other varieties or off-types is 0.1 percent or a total of 25 off-colored or different textured kernels per 1,000 ears.

(b) Foundation and Hybrid Corn Seed Standards.

(i) Table:

	Class of Seed
Factor	Foundation	Certified
Pure Seed	99%	99%
Other crop seed	0.25%	0.25%
Weed seed	None	None
Inert matter	1%	1%
Germination	90%	90%
Moisture	14%	14%
Disease	0.5%	0.5%

(ii) Seed shall be graded to ensure uniform planting and treated with a recommended fungicide.

D. Red Clover Seed Certification. In addition to the other requirements of this chapter, the following requirements apply to red clover seed certification:

(1) Land Requirements.

(a) For Foundation seed production, the land used shall have been free of red clover for the past 5 years.

(b) For Certified seed production, the land used shall have been free of red clover for at least 3 years, except that this time may be shortened by 1 year if two cultivated crops or clean fallow intervened.

(c) There is no Registered class of seed.

(d) Manure or contaminating material may not be applied 1 year preceding or during the establishment and production period of the crop. Grazing of livestock that permits the distribution of contaminating seed is not allowed.

(2) Field Standards.

(a) The agency shall make at least one field inspection at blooming time each year that certification is requested.

(b) Isolation Distance.

(i) As provided in the following table, each field for Foundation or Certified seed shall have a minimum isolation distance from a field of any other variety or from a field of the same variety that does not meet the varietal purity requirements for certification:

Class of Seed	Fields of 5 Acres or Less	Fields of 5 Acres or More
Foundation	1,320 ft.	1,320 ft.
Certified	330 ft.	165 ft.

(ii) Isolation between classes of the same variety shall be 25 percent of the distances in § D(2)(b)(i), above.

(c) Each field of red clover may produce only two seed crops in any given generation.

(d) Specific Standards.

	Class of Seed
Factor	Foundation	Certified
Other varieties	0%	0.5%
Crop plants producing inseparable seed	0	0
Other crop plants	0 per acre	25 per acre
Noxious weeds	0	0

(3) Seed Standards.

	Class of Seed
Factor	Foundation	Certified
Pure seed (minimum)	99%	99%
Other crop (maximum)	0.01%	0.01%
Inert matter (maximum)	1%	1%
Weed seed (maximum)	0.15%	0.25%
Noxious weeds	None	None
Objectionable weeds¹	5 seeds per lb.	90 seeds per lb.
Total germination and hard seed	85%	85%

¹ Objectionable weeds include bracted plantain (Plantago aristata), buckhorn plantain (Plantago lanceolata), dock (Rumex spp.), wild carrot (Daucus carota, sorrel (Rumex acetosella), ox-eye daisy (Chrysanthemum leucanthemum), ragweed (Ambrosia artemisiifolia), and Paspalum spp.

Md. Code Regs. 15.08.03.18

Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117); amended effective April 30, 1990 (17:8 Md. R. 977); amended effective June 14, 1999 (26:12 Md. R. 926); amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)