250-RICR-40-20-8. Rules and Regulations under the Rhode Island State Seed Law (version Periodic Refile, 12/31/2001 to 11/20/2017)

1 RULES AND REGULATIONS UNDER THE RHODE ISLAND STATE SEED LAW Pursuant to due publication and notice of opportunity for public hearing, the director has adopted the following regulations. 1. METHODS OF SAMPLING, INSPECTING, ANALYZING, TESTING AND EXAMINING AGRICULTURAL AND VEGETABLE SEEDS AND TOLERANCES TO BE FOLLOWEDIN THE ADMINISTRATION OF THIS LAW. The terms used in seed testing and the methods of sampling, inspecting, analyzing, testing and examining agricultural and vegetable seeds and the tolerances to be followed in the administration of this law shall be those adopted effective July 1, 1955 and as subsequent amended by the Association of Official Seed Analysts. 2. PROHIBITED NOXIOUS WEED SEEDS. The following list of prohibited noxious weed seeds is established effective January 1, 1979. Bindweed (Convolculus arvensis) Nutgrass (Cyperus Spp.) Quackgrass (Agropyron repens) Thistle, Canada (Cirsium arvense) The sale of agricultural, vegetable or lawn seed containing any prohibited noxious weed seeds is prohibited. 3. RESTRICTED NOXIOUS WEED SEEDS. The following list of restricted noxious weed seeds is established effective January 1, 1979. Corncockle (Agrostemma githagro) Dodder (Cuscuta Spp.) Garlic, Wild (Allium vineale) Horsenettle (Solanum carolinense) Mustard, Wild (Brassia (spp.) Onion, Wild (Allium canadense) Plaintain, Buckhorn (Plantago lanceolata) Radish, Wild (Raphanus raphanistrum) Sowthistle, Perennial (Sonchus arvensis) The label shall show the name and approximate number of each kind of restricted noxious weed seed: (a) per ounce in Agrostis spp., Poa spp. timothy, orchardgrass, fescues, alsike and white clover, reed canarygrass, ryegrass, foxtail millet, alfalfa, red clover, sweetclovers, lespedezas, smooth brome, crimson clover, and other agricultural seeds of a size and weight similar to or greater than those within this group, or any 2 mixtures within this group; and (b) per pound in sudangrass, wheat, oats, rye, barley, buckwheat, sorghums, vetches, and other agricultural seeds of a sizeand weight similar to or greater than those within this group or any mixtures within this group. 4. GERMINATION STANDARDS FOR VEGETABLE SEEDS. The standards for the germination of vegetable seeds shall be those promulgated by the U.S. Department of Agriculture as set forth in the Federal Seed Act, Rules and Regulations, parts 201-202 Section 201.32 (See Appendix A) 5. WHITE SWEETCLOVER. Sweetclover seed containing more than 5 percent of yellow sweetclover seed (more than 1.25 percent) mottled seeds must not be labeled white sweetclover. Such seed must be labeled sweetclover or as a mixture. 6. GROWER'S DECLARATION. A grower's declaration is a statement signed by the grower giving, for any lot of seed the lot number, the kind, variety, origin and weight. 7. LABELING OF SEED DISTRIBUTED TO WHOLESALERS. After seed has been processed it must be labeled before distribution to any person including a wholesaler. Each bag or bulk lot must be completely labeled when supplied to a retailer or consumer. Labeling of seed supplied to a wholesaler, one whose predominant business is to supply seed to other distributors rather than to consumers of seed, may by invoice if each bag or other container is clearly identified by a lot number stenciled on the container or if the seed is in bulk. Each bag or container that is not so identified must carry complete labeling. 8. "FINE-TEXTURED GRASSES'" AND "COARSE KINDS". For purposes of labeling under Section 2-6-3 (c) (2) (A) of the Act, "Fine-Textured Grasses" shall include those kinds or varieties approved as "Fine-Textured Grasses" by the Association of American Seed Control Officials at the Biennial Conference of said Association in 1961 and as subsequently amended by said Association after approval of the Joint Legislative Committee of AASCO, ASTA, AOSA, and AOSCA. All kinds or varieties not so designated as "FineTextured Grasses" must be listed under the heading of "Coarse Kinds". The following is the present list of "Fine-Textured Grasses" and "Coarse Kinds" adopted by the Association of American Seed Control Officials. a. Fine-Textured Grasses Bentgrasses: Agrostis canina (Velvet Bentgrass) Agrostis palustris (Creeping Bentgrass) Agrostis tenuis (Colonial Bentgrass) 3 Bluegrasses: Poa Compressa (Canada Bluegrass) Poa nemoralis (Wood Bluegrass) Poa pratensis (Kentucky Bluegrass) Poa trivialis (Rough Bluegrass) Fescues: Festuca ovina (Sheep Fescue) Festuca ovina var. duriuscula (Hard Fescue) Festuca rubra (Red Fescue) Festuca rubra var. commutata (Chewings Fescue) Bermudagrass: Bermudagrass-cynodon dactylon Ryegrasses: Lamora, Manhattan, NK-100, Norlea, Barenza, Caprice, Citation, Combi, Compos, Derby, Diplomat, Endura, Ensporta, Eton, Game, Loretta, NJ-200, Pennfine, Servo, Splendor, Sprinter, Sportina, Yorktown, Yorktown II and Pelo varieties of Lolium perenne (Perennial Ryegrass) b.Coarse kinds (including legumes and ground covers) shall be all kinds not named above and shall be all varieties of Lolium perenne not named above. 9. HERMETICALLY-SEALED SEED. The following standards, requirements and conditions must be met before seed is considered to be hermetically-sealed under the provisions ofthis law. (a) The seed was packaged within 9 months after harvest. (b) The container used does not allow water vapor penetration through any wall, including the seals,greater than 0.05 grams of water per 24 hours per 100 square inches of surface of 100oF. with a relative humidity on one side of 90 percent and on the other side of 0 percent. Water vapor penetration or WVP is measured by the standards of the U.S. Bureau of Standards as: gm.H2O/24 hr./100 sq. in/100oF./90% RHV.0% RH 4 (c) The seed in the container does not exceed the percentage of moisture, on a wet weight basis, as listed below: Agricultural Seeds Percent Beet, Field 7.5 Beet, Sugar 7.5 Bluegrass, Kentucky 6.0 Clover, Crimson 8.0 Fescue, Red 8.0 Ryegrass, Annual 8.0 Ryegrass, Perennial 8.0 All others 6.0 Mixture of above 8.0 Vegetable Seeds Percent Bean, Garden 7.0 Bean, Lima 7.0 Beet 7.5 Broccoli 5.0 Brussel Sprouts 5.0 Cabbage 5.0 Carrot 7.0 Cauliflower 5.0 Celeriac 7.0 Celery 7.0 Chard, Swiss 7.5 Chinese Cabbage 5.0 Chives 6.5 Collards 5.0 Corn, Sweet 8.0 Cucumber 6.0 Eggplant 6.0 Kale 5.0 Kohlrabi 5.0 Leek 6.5 Lettuce 5.5 Muskmelon 6.0 Mustard, India 5.0 15 5 Vegetable Seeds Percent Onion 6.5 Onion, Welsh 6.5 Parsley 6.5 Parsnip 6.0 Pea 7.0 Pepper 4.5 Pumpkin 6.0 Radish 5.0 Rutabaga 5.0 Spinach 8.0 Squash 6.0 Tomato 5.5 Turnip 5.0 Watermelon 6.5 All others 6.0 (d) The container is conspicuously labeled in not less than 8 point type to indicate (1) that the container ishermetically sealed, (2) that the seed has been preconditioned as to moisture content, and (3) the calendar month and year in which the germination test was completed. (e) The percentage of germination of seed at the time of packaging was equal to or above the standards specified elsewhere in this law. 6 APPENDIX A Minimum Germination Standards for Vegetable Seed including Hard Seed shall be the following: Germ Germ Seed Standard Seed Standard Artichoke 60 Dill 60 Asparagus 70 Eggplant 60 Asparagusbean 75 Endive 70 Bean, garden 70 Kale 75 Bean, lima 70 Kale, Chinese 75 Bean, runner 75 Kohlrabi 75 Beet 65 Leek 60 Broadbean 75 Lettuce 80 Broccoli 75 Muskmelon 75 Brussel sprouts 70 Mustard, India 75 Burdock, great 60 Mustard, spinach 75 Cabbage 75 Okra 50 Cabbage, tronchuda 75 Onion 70 Cantaloupe 75 Onion, Welsh 70 Cardoon 60 Pak-choi 75 Carrot 55 Parsley 60 Cauliflower 75 Parsnip 60 Celeriac 55 Pea 80 Celery 55 Pepper 55 Chard, Swiss 65 Pumpkin 75 Chicory 65 Radish 75 Chinese cabbage 75 Rhubarb 60 Chives 50 Rutabaga 75 Citron 65 Salsify 75 Collards 80 Sorrel 65 Corn, Sweet 75 Soybean 75 Cornsalad 70 Spinach 60 Cowpea 75 Spinach, New Zealand 40 Cress, garden 75 Squash 75 Cress, upland 60 Tomato 75 Cress, water 40 Tomato husk 50 Cucumber 80 Turnip 80 Dandelion 60 Watermelon 70