Imported Seed and Screenings

SUMMARY: We are proposing to amend the ``Imported Seed'' regulations by

moving the regulations to a different chapter in the Code of Federal

Regulations; establishing a seed analysis program with Canada; and

allowing U.S. companies that import seed for cleaning or screenings for

processing to enter into compliance agreements with the Animal and

Plant Health Inspection Service. These proposed changes are necessary

to reflect recent amendments to the Federal Seed Act and the transfer

of responsibility for the import provisions of the act from the

Agricultural Marketing Service to the Animal and Plant Health

Inspection Service. These proposed changes would bring the imported

seed regulations into agreement with the amended Federal Seed Act,

eliminate the need for sampling shipments of Canadian-origin seed at

the border, and allow certain seed importers to clean seed without the

direct supervision of an Animal and Plant Health Inspection Service

inspector.

DATES: Consideration will be given only to comments received on or

before December 3, 1996. We also will consider comments made at a

public hearing to be held on November 21, 1996, from 9:00 a.m. until

12:00 noon.

ADDRESSES: Please send an original and three copies of your comments to

Docket No. 93-126-4, Regulatory Analysis and Development, Policy and

Program Development, Animal and Plant Health Inspection Service, 4700

River Road Unit 118, Riverdale, MD 20737-1238. Please state that your

comments refer to Docket No. 93-126-4. Comments received may be

inspected at USDA, room 1141, South Building, 14th Street and

Independence Avenue SW., Washington, DC, between 8 a.m. and 4:30 p.m.,

Monday through Friday, except holidays. Persons wishing to inspect

comments are requested to call ahead on (202) 690-2817 to facilitate

entry into the comment reading room. The public hearing will be held on

November 21, 1996, at the USDA Center at Riverside, 4700 River Road,

Riverdale, MD.

FOR FURTHER INFORMATION CONTACT: Ms. Polly Lehtonen, Botanist,

Biological Assessment and Taxonomic Support, PPQ, APHIS, 4700 River

Road Unit 133, Riverdale, MD 20737-1236, (301) 734-8896.

SUPPLEMENTARY INFORMATION:

Background

Under the authority of the Federal Seed Act of 1939, as amended

(FSA), the U.S. Department of Agriculture (USDA) regulates the

importation and interstate movement of certain agricultural and

vegetable seed and screenings. Title III of the FSA, ``Foreign

Commerce,'' requires shipments of imported agricultural and vegetable

seed to be labeled correctly and to be tested for the presence of the

seeds of certain noxious weeds as a condition of entry into the United

States. The USDA's regulations implementing the provisions of the FSA

are found at 7 CFR part 201; the regulations implementing the foreign

commerce provisions of the FSA are found in Secs. 201.101 through

201.230 (referred to below as the regulations).

A final rule published in the Federal Register on September 22,

1982 (47 FR 41725), and effective October 1, 1982, amended the

delegations of authority from the Secretary of Agriculture to transfer

the responsibility contained in Title III of the FSA for inspection of

imported seeds from the Agricultural Marketing Service (AMS) to the

Animal and Plant Health Inspection Service (APHIS).

On September 15, 1994, we published an advance notice of proposed

rulemaking in the Federal Register (59 FR 47286-47287, Docket No. 93-

126-1) announcing our plans to revise the FSA regulations to reflect

amendments to the FSA and the transfer of regulatory authority for

Title III of the FSA from AMS to APHIS. We also noted our intention to

revise the list of noxious weed seeds contained in the regulations

promulgated under the FSA to include seeds of all the noxious weeds

listed in the regulations promulgated under the Federal Noxious Weed

Act (FNWA). We solicited comments on the advance notice of proposed

rulemaking for 45 days ending October 31, 1994. By that date we

received 13 comments, from seed companies and importers, State

agricultural agencies, and universities. The commenters generally

supported the issues raised in the advance notice of proposed

rulemaking, although some did have specific concerns. Two of those

concerns pertained to the testing and cleaning of imported seed and are

addressed in this proposed rule. The remaining concerns were addressed

in the proposed rule that is discussed in the next paragraph.

Due to concerns regarding the potential presence of noxious weed

seeds in lots of imported seed, we decided to begin with an update of

the noxious weed seed provisions of the FSA regulations. Therefore, on

March 23, 1995, we published in the Federal Register (60 FR 15257-

15260, Docket No. 93-126-2) a proposal to amend the FSA regulations by:

(1) Expanding the list of noxious weed seeds to include seeds of all of

the weeds listed in the FNWA regulations; (2) modifying existing

tolerances for certain weed seeds in imported shipments of agricultural

and vegetable seed; and (3) updating the taxonomic names of several

weeds listed in the FSA regulations. After reviewing the comments

submitted, we published a final rule in the Federal Register on July

12, 1995 (60 FR 35829-35831, Docket No. 93-126-3) that adopted the

provisions of the proposal as a final rule.

Having completed our update of the noxious weed provisions of the

regulations, we are now proposing to revise the FSA regulations to

reflect amendments to the FSA and the transfer of regulatory authority

for Title III of the FSA from AMS to APHIS. To reflect that change in

authority, we are proposing to move the regulations from their current

location in 7 CFR chapter I, which is one of the chapters in which AMS

[[Page 51792]]

regulations appear, to 7 CFR chapter III, where APHIS' plant-related

regulations appear. As part of that proposed move, we would update the

regulations to reflect amendments to the FSA and make nonsubstantive

editorial changes to the arrangement and wording of the regulatory text

to improve its clarity. The proposed disposition of the regulations in

Secs. 201.101 through 201.230 is shown in the following table:

------------------------------------------------------------------------

Current location Proposed disposition

------------------------------------------------------------------------

201.101.................................. Removed.

201.102.................................. Removed.

201.103.................................. Removed.

201.104.................................. Removed.

201.105.................................. 361.6.

201.106.................................. Removed.

201.201.................................. 361.1.

201.202.................................. 361.1.

201.203.................................. 361.1.

201.204.................................. Removed.

201.205.................................. Removed.

201.206.................................. Removed.

201.207.................................. Removed.

201.208(a)............................... Removed.

201.208(b)............................... 361.5.

201.209.................................. Removed.

201.210.................................. 361.5.

201.211.................................. 361.5.

201.212.................................. 361.5.

201.213.................................. 361.5.

201.214.................................. Removed.

201.215.................................. Removed.

201.216.................................. Removed.

201.217.................................. 361.5.

201.218.................................. 361.5.

201.219.................................. 361.5.

201.220.................................. Removed.

201.221.................................. 361.4.

201.221a................................. 361.5.

201.222.................................. 361.3, 361.4.

201.223.................................. 361.2.

201.224.................................. 361.3.

201.225.................................. 361.4, 361.8.

201.226.................................. 361.8.

201.227.................................. Removed.

201.228.................................. 361.4.

201.228a................................. Removed.

201.229.................................. 361.4.

201.230.................................. 361.4.

------------------------------------------------------------------------

Sections Removed From the Proposed Regulations

The Federal Seed Act Amendments of 1982 (Pub. L. 97-439) removed

the requirement for the testing of imported seed to determine if it

meets the pure live seed requirements of the FSA and whether the seed

contains more than 2 percent by weight of common weed seeds. Once those

amendments became effective, the regulations should have been amended

to reflect the removal of those statutory requirements, but that did

not occur. Therefore, as part of this proposed rule, we would remove

Sec. 201.102, ``Pure live seed;'' Sec. 201.104, ``Weed seeds;'' and

201.206, ``Pure live seed,'' which is a definition of the term. Without

a statutory basis for those requirements, we have no reason or

authority to retain those provisions of the regulations. Similarly, we

are also proposing to remove Sec. 201.106, ``Mixtures not considered

adulterations,'' from the regulations because the 1982 amendments to

the FSA also removed 7 U.S.C. 1583 (originally designated as Sec. 303

of the FSA), which related to adulterated seed.

The 1994 Uruguay Round Agreements Act (Pub. L. 103-465) further

amended the FSA by removing the requirement that alfalfa and red clover

seeds imported from certain countries be stained. When APHIS published

a final rule on April 4, 1995 (60 FR 16979, Docket No. 95-004-1) to

remove the provisions of the regulations regarding staining, we

neglected to remove Sec. 201.220, ``Certificate or declaration of

origin.'' That section requires that a certificate or declaration

accompany shipments of alfalfa or red clover in order to establish the

country or region of origin of the seed, which is a consideration that

is directly related to the now-eliminated staining requirement.

Similarly, Sec. 201.103 of the regulations should also have been

removed. That section states that alfalfa seed and red clover seed of

foreign origin other than the Dominion of Canada have been determined

to be unadapted for general agricultural use in the United States;

prior to the effective date of the changes brought about by the 1994

Uruguay Round Agreements Act, the FSA required unadapted alfalfa and

red clover seed to be stained. Because the staining requirements of the

FSA have been removed, we are proposing to remove Secs. 201.103 and

201.220 from the regulations.

Paragraph (a) of Sec. 201.101 of the regulations lists 48 kinds of

seeds that are most often imported for purposes other than seeding and

have been exempted, on that basis, from the import provisions of the

regulations when imported for purposes other than seeding and

accompanied by a declaration. Based on our experience with seed

importations since 1982, we believe that exemption can be extended to

all agricultural and vegetable seed. Therefore, we are proposing to

include in the proposed new regulations an exemption for all

agricultural seed and vegetable seed imported for purposes other than

seeding provided that the seed is accompanied by a declaration that

states the purpose for which the seed is being imported. Because all

agricultural and vegetable seed would be included in this proposed

exemption, there would be no need to maintain a list of exempted seeds

such as that found in Sec. 201.101(a). Paragraph (b) of Sec. 201.101

pertains to the pure live seed requirement that was, as discussed in a

previous paragraph, removed by the Federal Seed Act Amendments of 1982.

Because the list of exempted seeds would no longer be necessary and the

pure live seed requirement has been removed, we are proposing to remove

Sec. 201.101 from the regulations.

Sections 201.204, 201.205, and 201.207 each contain provisions that

would be unnecessary if the regulations are moved out of part 201 as

proposed. Specifically, Sec. 201.204 is a definition of Agricultural

Marketing Service and Sec. 201.205 is a definition of Collector of

Customs, neither of which would be needed in regulations administered

by APHIS. Section 201.207 states that definitions found in Secs. 201.1

through 201.159 apply to the imported seed regulations, and such a

statement would not be necessary in proposed new 7 CFR part 361, which

would have a single section that contained all definitions applicable

to the part. Therefore, we are proposing to remove Secs. 201.204,

201.205, and 201.207 from the regulations.

Sections 201.214, 201.215, and 201.216 contain instructions for

sealing, identifying, and forwarding seed samples from the port of

entry to seed laboratories for analysis, test, or examination, and

Sec. 201.227 calls for the submission of a report to the collector of

customs at the port of entry following the cleaning or processing of

certain seed and the destruction of the refuse. Similarly, Sec. 201.209

states that the collector of customs shall, upon request, draw and

forward samples of all screenings imported or offered for importation.

Because, for the reasons explained below, customs officers would no

longer be collecting samples of seed or screenings, those instructions

would no longer be necessary. Further, APHIS inspectors already possess

the necessary equipment, forms, and knowledge to draw and forward seed

samples. Therefore, we are proposing to remove Secs. 201.209, 201.214,

201.215, 201.216, and 201.227 from the regulations.

Changes in the Regulations

Section 201.105, ``Noxious weed seeds,'' of the regulations would

become Sec. 361.6 in the proposed new regulations. The noxious weeds

listed in that section would remain the same, but we are proposing to

adjust the format of the list. Currently, seeds with tolerances

applicable to their introduction are

[[Page 51793]]

identified on the list by a superscript numeral one. In proposed new

Sec. 361.6, seeds without tolerances would be listed in paragraph

(a)(1), and seeds with tolerances would be listed in paragraph (a)(2).

We believe that listing each category of seeds separately would make

both lists clearer and easier to use. Proposed new Sec. 361.6 would

also include portions of paragraph (b) of Sec. 201.51, ``Inert

matter''; that paragraph lists categories of noxious weed seeds that

are considered to be inert matter and thus would not be counted as weed

seeds. In duplicating that text, however, we would include only those

categories that apply directly to the noxious weeds listed in proposed

Sec. 361.6(a); those provisions of Sec. 201.51(b) that apply to common

weeds or other plants not listed as noxious weeds would not be carried

over into proposed new Sec. 361.6(c).

The definitions found in Secs. 201.201 through 201.203--

agricultural seeds, vegetable seeds, and screenings--would be moved

intact to proposed new Sec. 361.1, ``Definitions.'' In addition, we

would also carry over six other definitions from Sec. 201.2 of the FSA

regulations that apply to the regulation of imported seed: Coated seed,

declaration, hybrid, lot of seed, mixture, and person. Seven other

terms included in proposed Sec. 361.1--Administrator, Animal and Plant

Health Inspection Service (APHIS), and APHIS inspector, import, port of

first arrival, State, and United States--are terms used by APHIS

elsewhere in its regulations in 7 CFR chapter III and 9 CFR chapter I

that are applicable to the proposed new regulations. Finally, we would

include definitions for five additional terms in proposed Sec. 361.1:

Pelleted seed, kind, variety, registered seed technologist, and

official seed analyst.

We would define pelleted seed as ``seed coated with a substance to

achieve uniformity in its size, shape, or weight in order to improve

the plantability or singulation of the seed.'' Seed that is very small

or light or that is irregularly shaped is often pelleted in order to

make the seed suitable for precision planting by machine. Although

pelleted seed is a subset of coated seed, importers, distributors, and

other elements of the seed industry draw a distinction between coated

seed and pelleted seed. We believe, therefore, that it would serve the

interests of clarity to define and refer to both coated and pelleted

seed in the proposed new regulations.

We are proposing to include definitions for the terms kind and

variety because those terms are used throughout the proposed

regulations. Kind would be defined as ``one or more related species or

subspecies that singly or collectively is known by one common name,

e.g., soybean, flax, or carrot.'' Variety would be defined as ``a

subdivision of a kind which is characterized by growth, plant, fruit,

seed, or other characteristics by which it can be differentiated from

other sorts of the same kind.'' These two proposed definitions are

drawn directly from the definitions for those terms found in the FSA.

We are proposing to add definitions of registered seed technologist

and official seed analyst to the proposed regulations because under

proposed new Sec. 361.8, ``Cleaning of imported seed and processing of

certain Canadian-origin screenings,'' registered seed technologists and

official seed analysts would be authorized to inspect representative

samples of cleaned seed for noxious weed seed content and authorize, as

appropriate, the cleaned seed to be released for entry into the United

States. We would define registered seed technologist as ``a registered

member of the Society of Commercial Seed Technologists.'' Official seed

analyst would be defined as ``a registered member of the Association of

Official Seed Analysts.'' These two societies represent seed

technologists and seed analysts who serve in academic, private, and

governmental capacities, and we are confident that the registered

members of these societies possess the skills and knowledge necessary

to accurately and reliably inspect cleaned seed for noxious weed seed

content.

Paragraph (a) of Sec. 201.208, ``Seed,'' duplicates the list found

in Sec. 201.101 of seeds that must be sampled only when imported for

seeding purposes. As discussed above, we are proposing to exempt all

vegetable seed and agricultural seed imported for purposes other than

seeding from the sampling requirement and other import provisions of

the regulations. With that proposed exemption in place, there would be

no need to maintain the lists found in Secs. 201.101 and 201.208(a).

Earlier in this document, we proposed to remove Sec. 201.101 from the

regulations; we are likewise proposing to remove Sec. 201.208(a) from

the regulations. The provisions of Sec. 201.208(b), which relate to the

sampling and testing of small lots of imported seed, would be moved to

proposed new Sec. 361.5(a)(2).

With the exception of paragraph (e), we are proposing to move the

provisions of Sec. 201.210, ``Method of sampling,'' to proposed new

Sec. 361.5, ``Sampling of seeds.'' The provisions of Secs. 201.211

through 201.213 and Secs. 201.217 through 201.219 would be moved to

proposed new Sec. 361.5 as well. Paragraph (e) of Sec. 201.210, which

would be omitted, states that a quantity of seed designated as one lot

shall be regarded as such for sampling purposes only if every portion

or bag of seed in the quantity is uniform within permitted tolerances

as to percentage of pure seed, percentage of germination and hard seed,

percentage of weed seeds, and the rate of occurrence of noxious weed

seed. We are proposing to remove that paragraph from the regulations

because, as discussed above, purity, germination, and the presence of

common weed seeds are no longer considerations that apply to imported

seed. With regard to the rate of occurrence of noxious weed seed, that

rate cannot be accurately determined until after the seed has been

analyzed, so it cannot realistically be a consideration in determining

the uniformity of a quantity of seed for sampling purposes.

The provisions of Sec. 201.221, ``Exemptions,'' with the exception

of paragraph (d), would be moved to proposed new Sec. 361.4. Paragraph

(d) exempts seed for seed production from the prohibition against

importing seed that is adulterated or unfit for seeding purposes due to

low pure live seed or is required to be stained. As discussed

previously, staining and pure live seed content are no longer

applicable to the imported seed regulations. Therefore, we are

proposing to remove Sec. 201.221(d) from the regulations.

Section 201.221a, ``Table 5,'' would be moved to proposed new

Sec. 361.5; the table would be expanded by adding, from table 1 in

Sec. 201.46 of the FSA regulations, the minimum weights of working

samples for noxious weed seed examinations. The need for noxious weed

seed examinations applies to both the importation and interstate

movement of seeds, so we are proposing to copy the applicable

information in Sec. 201.46 and include it in the proposed new

regulations.

Section 201.222, ``Declaration of purpose and labeling as to kind,

variety, hybrid, and treatment,'' would, with the exception of

paragraphs (a) and (d), be carried over to the proposed new

regulations; Sec. 201.222(c) would be moved to proposed Sec. 361.4(b),

and Sec. 201.222(e) and (f) would be moved to proposed Sec. 361.3(b).

(Paragraph (b) of Sec. 201.222 in the current regulations is reserved,

i.e., contains no regulatory text.) Section 201.33, which is among the

interstate commerce provisions of the FSA regulations, contains

instructions and exceptions for labeling containers of seed. Because

those

[[Page 51794]]

provisions apply to imported seed as well, we would copy those

provisions into paragraphs (c) and (d) of proposed new Sec. 361.3.

We are proposing to remove paragraph (a) of Sec. 201.222 because it

contains a list of certain seeds that must be accompanied at the time

of importation by a statement setting forth the purpose for which the

seeds are being imported, the statement serving to identify whether the

seeds are being imported for seeding purposes and are thus subject to

the regulations. That list would not be necessary in the proposed new

regulations because all imported agricultural and vegetable seed would

have to be accompanied by such a statement, and all agricultural and

vegetable seed imported for seeding purposes would be subject to the

regulations. Paragraph (d) of Sec. 201.222 would be removed because it

relates to the collector of customs notifying the USDA when the nature

of a declaration is changed; that provision would not be necessary

under the proposed new regulations because, as explained below, the

collector of customs would no longer be responsible for inspecting or

sampling imported seed or screenings.

Because AMS does not routinely assign its personnel to ports of

entry, AMS could not have adequately enforced the import provisions of

the FSA without the assistance of the Customs Service, which inspected

and sampled imported seed and screenings offered for entry into the

United States under joint AMS/Customs Service regulations. Since the

responsibility for the import provisions of the FSA were transferred to

APHIS, which does have personnel assigned to ports of entry, the

assistance of Customs officers has been routinely necessary only at the

smaller border crossings along the U.S./Canadian border that are

staffed only by Customs personnel. If, as proposed in this document,

all Canadian-origin seed is required to be accompanied by a certificate

of analysis issued in Canada, the role of Customs officers with regard

to imported seed would be reduced even further.

Section 201.223 would be moved to proposed Sec. 361.2(d), and

Sec. 201.224 would be moved to proposed Sec. 361.4(a)(3). The

provisions of Secs. 201.225, 201.226, and 201.228 would also be moved

to the proposed new regulations, but in each section the provisions

relating to reimbursement of Government expenses would be separated

from the provisions relating to the supervision of cleaning of seed,

destruction of refuse, and correction of labeling. The expense-related

provisions would be moved to proposed new Sec. 361.10, ``Costs and

charges''; the provisions related to the cleaning of seed and

destruction of refuse would be moved to proposed new Sec. 361.8,

``Cleaning of imported seed and processing of certain Canadian-origin

screenings,'' and the provisions related to correction of labeling

would be moved to proposed Sec. 361.4(b)(3). Proposed Secs. 361.8 and

361.10 are explained in greater detail below.

Section 201.228a, ``Declaration of labeling,'' would be removed

from the regulations. We are proposing to remove that section because,

as discussed previously, the proposed new regulations would contain a

declaration requirement in Sec. 361.3. The provisions of Sec. 201.228a

regarding seed purity, germination, and hard seeds would be omitted

because, as discussed above, those considerations no longer apply to

imported seed.

Finally, the provisions of Sec. 201.229 would be moved to proposed

Sec. 361.4(b)(2), and the provisions of Sec. 201.230(a) would be moved

to proposed Sec. 361.4(b)(1). Paragraph (b) of Sec. 201.230 relates to

the drawing of samples by the collector of customs and would,

therefore, be removed from the regulations for the reasons discussed

above; the reimbursement-related provisions that comprise

Sec. 201.230(c) would be moved to proposed Sec. 361.10.

Certificate of Analysis for Canadian Seed

We are proposing to initiate a seed import program with Canada

under which all Canadian-grown seed shipments imported into the United

States would have to be accompanied by a certificate of analysis issued

by Agriculture and Agri-Food Canada. The certificate would confirm that

the seed in each lot had been analyzed for noxious weed seed content at

the issuing laboratory and, if the seed was being imported for seeding

(planting) purposes, the certificate would confirm that the seed met

the noxious weed seed tolerances of 7 CFR 361.6 (the section of the

amended regulations dealing with noxious weed seeds). If the seed was

being imported for cleaning, the certificate would have to name the

kinds of noxious weed seeds that were to be removed from the lot of

seed.

Under the proposed program, we would also accept certificates that

had been issued by an accredited laboratory designated by the Canadian

agriculture minister pursuant to Section 14 of the Canadian

Agricultural Products Act; such accredited laboratories operate under

the authority of an accredited seed analyst.

This proposed certificate requirement would not apply to seed that

originated in a country other than Canada that was offered for entry

into the United States at a Canadian border port; such seed would still

have to be sampled at the port of entry.

One of the commenters responding to our September 1994 advance

notice of proposed rulemaking was concerned that the testing in Canada

would be conducted on samples drawn from bulk bins prior to the

packaging of individual lots of seed; such a process, he feared, would

result in samples that were not representative of the seed in each lot.

This proposed rule, however, makes it clear that each lot would have to

be sampled and analyzed for noxious weed seed content.

Because a noxious weed seed examination would have already been

conducted, Canadian-origin seed entering the United States with a

certificate of analysis would be exempted from the sampling

requirements of the regulations. Because only certificates issued by

the Canadian government or an accredited and officially recognized

laboratory would be accepted, this proposed change, which has the

endorsement of Agriculture and Agri-Food Canada, would facilitate the

importation of Canadian-origin seed and reduce the workload on APHIS

inspectors at ports of entry along the U.S./Canadian border without

increasing the risk of noxious weed seeds entering the United States in

shipments of seed.

Cleaning and Processing of Imported Seed and Screenings

As noted above, we are proposing to move the provisions of

Sec. 201.225 that allow for the cleaning of imported seed found to

contain noxious weed seeds at a level higher than tolerances permit.

Under the current regulations, the cleaning of the seeds must be

accomplished under the supervision of an employee or authorized agent

of the USDA; similarly, under Sec. 201.226, the refuse from that

cleaning must be destroyed under the supervision of an employee or

authorized agent of the USDA. Although the proposed regulations would

continue to provide for USDA supervision of those activities, we are

proposing to give companies in the United States the option of entering

into a compliance agreement to facilitate the cleaning of imported

seed. Persons wishing to enter into a compliance agreement could obtain

compliance agreement forms from APHIS without charge.

As presented in our September 1994 advance notice of proposed

rulemaking,

[[Page 51795]]

this proposed compliance agreement program would have been limited to

importers wishing to import seed from Canada for cleaning. One of the

commenters responding to that advance notice of proposed rulemaking

urged us not to restrict the program to Canadian seed, noting that

significant amounts of seed are commonly imported from elsewhere in the

world for cleaning and packaging. We agree with that commenter; thus,

the program described in this proposed rule would allow a company that

imports seed for cleaning from a country other than Canada to enter

into a compliance agreement with APHIS.

Compliance agreements would also play a role in another aspect of

the proposed regulations. The FSA and the regulations allow the

importation of screenings from seeds of wheat, oats, barley, rye,

buckwheat, field corn, sorghum, broomcorn, flax, millet, proso,

soybeans, cowpeas, field peas, or field beans as long as the screenings

are not being imported for seeding (planting) purposes and the

declaration accompanying the screenings indicates that the screenings

are being imported for processing or manufacturing purposes. In this

document, we are proposing to allow the importation from Canada of

screenings from other kinds of seeds if the screenings are consigned to

a processing facility that is operating under a compliance agreement.

Such processing facilities utilize screenings to produce animal feed,

and the process used to produce the feed--usually an extrusion process

in which the screenings are heated and pelletized--is sufficient to

devitalize any live seed that might be present in the screenings, which

reduces to an insignificant level any risk that the processed

screenings would carry viable noxious weed seeds.

The compliance agreement would be a written agreement between a

person engaged in the business of cleaning imported seed or processing

screenings, the State in which the business operates, and APHIS. In the

compliance agreement, the person would agree to comply with the

applicable provisions of the regulations and any additional conditions

included in the compliance agrement. With regard to the cleaning of

seed, the agreement would eliminate the need for an APHIS inspector to

be present to supervise the cleaning of seed and destruction of refuse;

rather, an APHIS inspector would make spot checks to ensure that the

conditions of the compliance agreement were being observed. With regard

to the processing of screenings, the agreement would help ensure that

the business uses processing methods that are adequate to devitalize

any live seed that may be contained in the screenings.

The compliance agreement would provide that if an APHIS inspector

found that the person who entered into the compliance agreement was

violating the terms of the agreement, the APHIS inspector could cancel

the compliance agreement, either orally or in writing. If the

cancellation was oral, it would be confirmed in writing as promptly as

possible. Any person whose compliance agreement had been canceled could

appeal the decision to the Administrator, who would grant or deny the

appeal, in writing, as soon as circumstances permitted. A hearing would

be held if there was a conflict as to any material fact concerning the

cancellation or the appeal.

While the proposed regulations would allow seed to be cleaned under

APHIS supervision or under a compliance agreement, we would continue to

require the seed to be retested for noxious weed content before it is

allowed entry into the United States. In the proposed regulations, we

would allow representative samples of the seed to be examined by a

registered seed technologist or an official seed analyst, who would be

eligible to issue reports of noxious weed examinations for cleaned

seed. Allowing qualified personnel outside of USDA to conduct such

examinations would facilitate the release of cleaned seed and reduce

the workload on USDA seed analysts while ensuring that a thorough

examination of the cleaned seed is conducted.

Coated or Pelleted Seed

We are proposing to prohibit the importation of coated or pelleted

seed that does not meet certain conditions. For Canadian-origin coated

or pelleted seed, proposed Sec. 361.7(b) would require that the seed be

analyzed in Canada prior to being coated or pelleted; the findings of

that analysis with regard to the identity and noxious weed content of

the seed would have to be recorded on the certificate of analysis

required for Canadian-origin seed under proposed Sec. 361.7. For coated

or pelleted seed from countries other than Canada, proposed

Sec. 361.2(c) would require that the seed be accompanied by an

officially drawn and sealed sample of the seed that was drawn before

the seed was coated or pelleted.

Without an officially drawn sample or a certificate of analysis,

coated or pelleted seed would not be eligible for importation because

the coating would render the seed uninspectable, in that the identity

of the seed could not be readily confirmed, the accuracy of the

labeling could not be evaluated, and the noxious weed seed content of

the seed could not be determined.

Recordkeeping

In Sec. 361.9 of the proposed regulations, we would carry over the

recordkeeping requirements of Sec. 201.4 of the FSA regulations.

Although the FSA regulations apply those requirements only to seeds in

interstate commerce, we believe recordkeeping with regard to imported

seed would be necessary to allow APHIS to trace the origin of seeds or

screenings, if necessary, and to monitor the efficacy of noxious weed

examinations and cleaning. We do not believe that the proposed

recordkeeping requirements would place a burden on seed companies

because such companies already keep such records for internal purposes

and to comply with the interstate provisions of FSA regulations

administered by the AMS. Therefore, we are proposing to require that

each person importing agricultural seed or vegetable seed under this

part would have to maintain a record, including copies of the

declaration and labeling required under the regulations and a sample of

seed, for each lot of seed imported. Except for the seed sample, which

could be discarded 1 year after the entire lot represented by the

sample had been disposed of by the person who imported the seed, the

records would have to be maintained for 3 years following the

importation. The required sample of vegetable seed and agricultural

seed would have to be at least equal in weight to the sample size

prescribed for noxious weed seed examination in table 1 of proposed

Sec. 361.4. An APHIS inspector would be allowed to inspect and copy the

records during normal business hours. These proposed requirements are

equivalent to those found in Sec. 201.4 of the FSA regulations and

would serve the same purpose.

Costs and Charges

Proposed Sec. 361.10 relates to costs and charges that would apply

in connection with the services of an APHIS inspector. It is the policy

of APHIS that the services of an APHIS inspector during regularly

assigned hours of duty and at the usual places of duty be furnished

without cost to persons requiring inspection, unless a user fee is

payable under 7 CFR part 354. Further, under the authority of the FSA,

proposed Sec. 361.10 also provides that any costs or charges incurred

in connection with the supervision by an APHIS inspector of cleaning,

labeling, or destruction of seed, screenings, or refuse under the

proposed regulations would have to be

[[Page 51796]]

reimbursed by the owner or consignee of the seed or screenings.

Public Hearing

As required by 7 U.S.C. 1592(c), APHIS will host a public hearing

to provide interested persons a full opportunity to present their views

regarding this proposal. The hearing will be held on November 21, 1996,

at the USDA Center at Riverside, 4700 River Road, Riverdale, MD.

A representative of APHIS will preside at the public hearing. Any

interested person may appear and be heard in person, by attorney, or by

other representative. Persons who wish to speak at the public hearing

will be asked to sign in, listing their names and organizations.

The public hearing will begin at 9:00 a.m. local time and is

scheduled to end at 12:00 noon local time. However, the hearing may be

terminated at any time after it begins if all persons desiring to speak

have been heard. We ask that anyone who reads a statement provide two

copies to the presiding officer at the hearing. If the number of

speakers at the hearing warrants it, the presiding officer may limit

the time for each presentation so that everyone wishing to speak has

the opportunity.

The purpose of the hearing is to give interested persons an

opportunity for oral presentations of data, views, and arguments.

Questions about the content of the proposed rule may be part of the

commenters' oral presentations. However, neither the presiding officer

nor any other representative of APHIS will respond to comments at the

hearing, except to clarify or explain provisions of the proposed rule.

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed under Executive Order 12866.

The rule has been determined to be not significant for purposes of

Executive Order 12866 and, therefore, has not been reviewed by the

Office of Management and Budget.

We are proposing to amend the ``Imported Seed'' regulations by

moving the regulations to a different chapter in the Code of Federal

Regulations, establishing a seed analysis program with Canada, and

allowing U.S. companies that import seed for cleaning or screenings for

processing to enter into compliance agreements with APHIS. With these

proposed changes, the regulations would reflect recent amendments to

the FSA and the transfer of responsibility for the import provisions of

the act from the AMS to APHIS, eliminate the need for sampling

shipments of Canadian-origin seed at the border, and allow certain seed

importers to clean seed without the direct supervision of an APHIS

inspector.

No economic impact is expected to result from shifting the

regulations to a different chapter in the Code of Federal Regulations.

However, the elimination of the requirement that shipments of Canadian-

origin seed be sampled at the border is expected to result in savings

to APHIS. Currently, at the Canadian border, APHIS relies on the U.S.

Customs Service to draw samples from shipment of imported seed. Customs

Service inspectors mail the seed samples to APHIS' Seed Examination

Facility (SEF) in Beltsville, MD, for testing. The proposed rule would

require that all shipments of Canadian-origin agricultural or vegetable

seed be accompanied by a certificate of analysis issued by Agriculture

and Agri-Food Canada or by a private seed laboratory accredited by

Agriculture and Agri-Food Canada; the certificate of analysis would

preclude the need for sampling and testing those shipments of Canadian-

origin seed. The certificate of analysis would confirm the seed

shipment meets the noxious weed tolerances and labeling requirements of

the FSA and the regulations. Under the provisions of the proposed rule,

the cost of the analysis and subsequent certification would be borne by

the owner or exporter of the seed, so there would be a reduction in the

sampling and testing costs currently borne by APHIS. It is estimated

that APHIS would save over $103,000 annually in salary and related

expenditures associated with the testing of Canadian-origin seed.

Currently, Canada's agricultural regulations allow seed from the

United States to move into the commerce of Canada without testing if a

certificate of analysis from an approved American laboratory

accompanies the seed. The provisions of this proposed rule would allow

for a reciprocal seed import certification program with Canada. This

reciprocity is important in facilitating trade, given the volume of

seed trade between the two countries. Imports of field and garden seeds

from Canada represent 80 percent of total U.S. seed imports; from 1992

to 1994, imports of the regulated agricultural and vegetable seeds from

Canada into the United States averaged 107,270 tons per year, with an

average value of $63.059 million. From fiscal year 1989 to fiscal year

1993, the number of seed shipments sampled increased from 2,451 to

3,615 shipments per year, an increase of 47.5 percent; over the same

period, SEF tested an average of 2,907 seed samples per year. In fiscal

years 1994 and 1995, approximately 5,000 Canadian seed samples were

tested. Only 3 percent of Canadian seed shipments were refused

admission for noxious weed content.

The SEF botanist currently spends approximately 90 percent of his

time in testing Canadian-origin seed for noxious weed seeds, while his

assistant spends about 50 percent of his time on this task. For both

the botanist and his assistant, the time spent testing Canadian seed

reduces the amount of time they can devote to seed identification and

other responsibilities. In terms of salaries and benefits, the costs

associated with the SEF's testing of Canadian seed are estimated to

exceed $100,000 annually. Our proposal to require that Canadian-origin

seed be certified prior to entry into the United States would eliminate

the need for the routine testing of Canadian-origin seed and thus

eliminate the costs associated with that testing. The time and costs

previously spent on testing Canadian seed would then be shifted into

the SEF's other areas of responsibility.

The proposed rule would also realize savings in salary for the time

spent by APHIS or State inspectors supervising the cleaning of seed

lots refused admission due to noxious weed seed content. In fiscal year

1995, 61 seed shipments were refused entry due to noxious weed seed

content above tolerances. An inspector spends an average of about 4

hours in supervising the cleaning of each refused shipment. The savings

in the inspector's supervision time in this activity is estimated as

$1,262.

This proposed rule would also allow companies that import uncleaned

seed for reconditioning and resale to enter into a compliance agreement

with APHIS, which would likely yield a savings to APHIS in inspection

time since only periodic inspections of these companies would be

necessary to ensure compliance with the conditions of the agreement.

Currently, APHIS employs a contractor who is responsible for

supervising the cleaning of the adulterated seed imported by two

companies in Idaho. In fiscal year 1995, 48 lots of seed imported by

those two companies required cleaning supervision; a company operating

under a compliance agreement would not require supervision for every

lot of seed imported for cleaning. Thus, we expect there would be an

estimated $1,664 annual savings in salary and benefits as a result of

seed-cleaning companies entering into compliance agreements with APHIS.

[[Page 51797]]

In total, we expect an estimated annual reduction of approximately

$103,000 in the costs associated with the sampling and testing of

Canadian origin seed and the supervision of seed cleaning.

The Regulatory Flexibility Act requires that the Agency

specifically consider the impact of proposed regulations on small U.S.

businesses. The proposed rule is expected to impact exporters of

Canadian-origin seed, the majority of which--over 95 percent--are

Canadian businesses. The cost of obtaining a certificate of analysis

from a Canadian government or private laboratory is estimated to range

from $13.00 to $58.00 per lot, depending on the type of seed to be

analyzed, or an average of $35 per lot. The cost is the same regardless

of the size of the lot, which can range from 50 to 50,000 pounds. Based

upon fiscal year 1995 figures, there would be approximately 6,000 seed

shipments per year from Canada that would require certification as a

condition of importation into the United States. For the majority of

shipments, the cost of the certification would not represent an

additional expense because much of the seed likely would have been

tested anyway to meet the requirements of the exporting company's

contracts with its importing customers. Nevertheless, the cost of a

certificate is small in comparison to the average value of a seed

shipment (which is typically worth thousands of dollars) and should

not, therefore, impose a significant economic burden on Canadian seed

exporters, large or small. For this reason, any cost that is passed on

to U.S. buyers of Canadian seed is likewise estimated to be small.

Less than 2 percent of Canadian seed imports are transacted by

individual farms. Individual farms located near the U.S.-Canadian

border typically import small amounts of Canadian seed to be used

directly on farms. While the exact number of these entities is not

known, it is expected that the impact to these individuals would be

small because seed sold in such small quantities is, in almost all

cases, already analyzed and certified prior to its entry into the

United States.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action would

not have a significant economic impact on a substantial number of small

entities.

Executive Order 12988

This proposed rule has been reviewed under Executive Order 12988,

Civil Justice Reform. If this proposed rule is adopted: (1) All State

and local laws and regulations that are inconsistent with this rule

will be preempted; (2) no retroactive effect will be given to this

rule; and (3) administrative proceedings will not be required before

parties may file suit in court challenging this rule.

Paperwork Reduction Act

In accordance with section 3507(d) of the Paperwork Reduction Act

of 1995 (44 U.S.C. 3501 et seq.), the information collection or

recordkeeping requirements included in this proposed rule have been

submitted for approval to the Office of Management and Budget (OMB).

Please send written comments to the Office of Information and

Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,

DC 20503. Please state that your comments refer to Docket No. 93-126-4.

Please send a copy of your comments to: (1) Docket No. 93-126-4,

Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River

Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer,

OIRM, USDA, room 404-W, 14th Street and Independence Avenue SW.,

Washington, DC 20250. A comment to OMB is best assured of having its

full effect if OMB receives it within 30 days of publication of this

proposed rule.

In this document, we are proposing to amend the ``Imported Seed''

regulations by moving the regulations to a different chapter in the

Code of Federal Regulations; establishing a seed analysis program with

Canada; and allowing U.S. companies that import seed for cleaning or

screenings for processing to enter into compliance agreements with

APHIS. These proposed changes would bring the imported seed regulations

into agreement with the amended FSA, eliminate the need for sampling

shipments of Canadian-origin seed at the border, and allow certain seed

importers to clean seed without the direct supervision of an APHIS

inspector.

We are seeking OMB approval to use the following documents in

connection with the information collection activities that would occur

under the proposed regulations described in this document:

Seed Analysis Certificate (PPQ-925): Canadian-grown seed shipments

imported into the United States would have to be accompanied by a

certificate of analysis issued by Agriculture and Agri-Food Canada. The

certificate would confirm that the seed in each lot had been analyzed

for noxious weed seed content at the issuing laboratory and, if the

seed was being imported for seeding (planting) purposes, the

certificate would confirm that the seed met the noxious weed seed

tolerances of proposed Sec. 361.6. If the seed was being imported for

cleaning, the certificate would have to name the kinds of noxious weed

seeds that were to be removed from the lot of seed. Under the proposed

program, we would also accept certificates that had been issued by an

accredited laboratory designated by the Canadian agriculture minister

pursuant to Section 14 of the Canadian Agricultural Products Act.

Compliance Agreement (PPQ 519): We would allow any person engaged

in the business of cleaning imported agricultural or vegetable seed to

enter into a compliance agreement with APHIS, which would remove the

need for the full-time presence of an APHIS inspector at the cleaning

facility. In addition, we would require that any person engaged in the

business of or processing certain screenings from Canada enter into a

compliance agreement with APHIS. These agreements would be signed by

the person engaged in the business, the State in which the business

operates, and APHIS. The agreement would specify various safeguards

necessary to ensure safe destruction of noxious weed seeds and plant

pests; require resampling of cleaned seed to determine enterability;

and state that APHIS inspectors must be allowed access to the facility

to monitor compliance with our regulations.

Written Appeal of Cancellation or Denial: Any person whose

compliance agreement has been canceled or whose request to enter into a

compliance agreement has been denied may appeal the decision, in

writing, within 10 days after receiving written notification of the

cancellation or denial.

Recordkeeping: We believe recordkeeping with regard to imported

seed would be necessary to allow APHIS to trace the origin of seeds or

screenings, if necessary, and to monitor the efficacy of noxious weed

examinations and cleaning. Seed importers already keep such records for

internal purposes and to comply with the interstate provisions of FSA

regulations administered by AMS. Therefore, we are proposing to require

that each person importing agricultural seed or vegetable seed under

the proposed regulations would have to maintain a record, including

copies of the declaration and labeling required under the regulations

and a sample of seed, for each lot of seed imported. Except for the

seed sample, which could be discarded 1 year after the entire lot

represented by the sample had been disposed of by the person who

imported the seed, the records would have to be

[[Page 51798]]

maintained for 3 years following the importation.

The purpose of this notice is to solicit comments from the public

(as well as affected agencies) concerning our new information

collection. We need this outside input to help us accomplish the

following:

Evaluate whether the information collection is necessary for the

proper performance of our agency's functions, including whether the

information will have practical utility;

Evaluate the accuracy of our estimate of the burden of the

information collection, including the validity of the methodology and

assumptions used;

Enhance the quality, utility, and clarity of the information to be

collected; and

Minimize the burden of the information collection on those who are

to respond, (such as through the use of appropriate automated,

electronic, mechanical, or other technological collection techniques or

other forms of information technology, e.g., permitting electronic

submission of responses).

Estimate of burden: Public reporting burden for this collection of

information is estimated to average .0333 hours per response.

Respondents: Seed importers, seed exporters, operators of

facilities for cleaning seed or processing screenings.

Estimated number of respondents: 195.

Estimated number of responses per respondent: 2,094.

Estimated total annual burden on respondents: 6,913.

Copies of this information collection can be obtained from:

Clearance Officer, OIRM, USDA, room 404-W, 14th Street and Independence

Avenue SW., Washington, DC 20250.

Regulatory Reform

This action is part of the President's Regulatory Reform

Initiative, which, among other things, directs agencies to remove

obsolete and unnecessary regulations and to find less burdensome ways

to achieve regulatory goals.

List of Subjects

7 CFR Part 201

Advertising, Agricultural commodities, Imports, Labeling, Reporting

and recordkeeping requirements, Seeds, Vegetables.

7 CFR Part 361

Agricultural commodities, Imports, Labeling, Quarantine, Reporting

and recordkeeping requirements, Seeds, Vegetables, Weeds.

Accordingly, title 7, chapters I and III, of the Code of Federal

Regulations would be amended as follows:

PART 201--FEDERAL SEED ACT REGULATIONS

1. The authority citation for part 201 would continue to read as

follows:

Authority: 7 U.S.C. 1592.

Sec. 201.38 [Amended]

2. Section 201.38 would be amended by removing the words

``Secs. 201.208 and 201.209'' and adding the words ``Sec. 361.4 of this

title'' in their place.

Secs. 201.101 through 201.230 [Removed]

3. In 7 CFR part 201, Secs. 201.101 through 201.230 would be

removed.

4. A new 7 CFR part 361 would be added to read as follows:

PART 361--IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED

ACT

Sec.

361.1 Definitions.

361.2 General restrictions on the importation of seed and

screenings.

361.3 Declarations and labeling.

361.4 Inspection at the port of first arrival.

361.5 Sampling of seeds.

361.6 Noxious weed seeds.

361.7 Special provisions for Canadian-origin seed and screenings.

361.8 Cleaning of imported seed and processing of certain Canadian-

origin screenings.

361.9 Recordkeeping.

361.10 Costs and charges.

Authority: 7 U.S.C. 1581-1610; 7 CFR 2.22, 2.80, and 371.2(c).

Sec. 361.1 Definitions.

Terms used in the singular form in this part shall be construed as

the plural, and vice versa, as the case may demand. The following

terms, when used in this part, shall be construed, respectively, to

mean:

Administrator. The Administrator of the Animal and Plant Health

Inspection Service, U.S. Department of Agriculture, or any other

individual to whom the Administrator delegates authority to act in his

or her stead.

Agricultural seed. The following kinds and varieties of grass,

forage, and field crop seed that are used for seeding purposes in the

United States:

Agrotricum--x Agrotriticum Ciferri and Giacom.

Alfalfa--Medicago sativa L.

Alfilaria--Erodium cicutarium (L.) L'Her.

Alyceclover--Alysicarpus vaginalis (L.) DC.

Bahiagrass--Paspalum notatum Fluegge

Barley--Hordeum vulgare L.

Barrelclover--Medicago truncatula Gaertn.

Bean, adzuki--Vigna angularis (Willd.) Ohwi and Ohashi

Bean, field--Phaseolus vulgaris L.

Bean, mung--Vigna radiata (L.) Wilczek

Beet, field--Beta vulgaris L. subsp. vulgaris

Beet, sugar--Beta vulgaris L. subsp. vulgaris

Beggarweed, Florida--Desmodium tortuosum (Sw.) DC.

Bentgrass, colonial--Agrostis capillaris L.

Bentgrass, creeping--Agrostis stolonifera L. var. palustris (Huds.)

Farw.

Bentgrass, velvet--Agrostis canina L.

Bermudagrass--Cynodon dactylon (L.) Pers. var. dactylon

Bermudagrass, giant--Cynodon dactylon (L.) Pers. var. aridus Harlan

and de Wet

Bluegrass, annual--Poa annua L.

Bluegrass, bulbous--Poa bulbosa L.

Bluegrass, Canada--Poa compressa L.

Bluegrass, glaucantha--Poa glauca Vahl

Bluegrass, Kentucky--Poa pratensis L.

Bluegrass, Nevada--Poa secunda J.S. Presl

Bluegrass, rough--Poa trivialis L.

Bluegrass, Texas--Poa arachnifera Torr.

Bluegrass, wood--Poa nemoralis L.

Bluejoint--Calamagrostis canadensis (Michx.) P. Beauv.

Bluestem, big--Andropogon gerardii Vitm. var. gerardii

Bluestem, little--Schizachyrium scoparium (Michx.) Nash

Bluestem, sand--Andropogon hallii Hack.

Bluestem, yellow--Bothriochloa ischaemum (L.) Keng.

Bottlebrush-squirreltail--Elymus elymoides (Raf.) Swezey

Brome, field--Bromus arvensis L.

Brome, meadow--Bromus biebersteinii Roem. and Schult.

Brome, mountain--Bromus marginatus Steud.

Brome, smooth--Bromus inermis Leyss.

Broomcorn--Sorghum bicolor (L.) Moench

Buckwheat--Fagopyrum esculentum Moench

Buffalograss--Buchloe dactyloides (Nutt.) Engelm.

Buffelgrass--Cenchrus ciliaris L.

Burclover, California--Medicago polymorpha L.

Burclover, spotted--Medicago arabica (L.) Huds.

Burnet, little--Sanguisorba minor Scop.

[[Page 51799]]

Buttonclover--Medicago orbicularis (L.) Bartal.

Canarygrass--Phalaris canariensis L.

Canarygrass, reed--Phalaris arundinacea L.

Carpetgrass--Axonopus fissifolius (Raddi) Kuhlm.

Castorbean--Ricinus communis L.

Chess, soft--Bromus hordeaceus L.

Chickpea--Cicer arietinum L.

Clover, alsike--Trifolium hybridum L.

Clover, arrowleaf--Trifolium vesiculosum Savi

Clover, berseem--Trifolium alexandrinum L.

Clover, cluster--Trifolium glomeratum L.

Clover, crimson--Trifolium incarnatum L.

Clover, Kenya--Trifolium semipilosum Fresen.

Clover, ladino--Trifolium repens L.

Clover, lappa--Trifolium lappaceum L.

Clover, large hop--Trifolium campestre Schreb.

Clover, Persian--Trifolium resupinatum L.

Clover, red or

Red clover, mammoth--Trifolium pratense L.

Red clover, medium--Trifolium pratense L.

Clover, rose--Trifolium hirtum All.

Clover, small hop or suckling--Trifolium dubium Sibth.

Clover, strawberry--Trifolium fragiferum L.

Clover, sub or subterranean--Trifolium subterraneum L.

Clover, white--Trifolium repens L. (also see Clover, ladino)

Clover--(also see Alyceclover, Burclover, Buttonclover, Sourclover,

Sweetclover)

Corn, field--Zea mays L.

Corn, pop--Zea mays L.

Cotton--Gossypium spp.

Cowpea--Vigna unguiculata (L.) Walp. subsp. unguiculata

Crambe--Crambe abyssinica R.E. Fries

Crested dogtail--Cynosurus cristatus L.

Crotalaria, lance--Crotalaria lanceolata E. Mey.

Crotalaria, showy--Crotalaria spectabilis Roth

Crotalaria, slenderleaf--Crotalaria brevidens Benth. var.

intermedia (Kotschy) Polh.

Crotalaria, striped or smooth--Crotalaria pallida Ait.

Crotalaria, sunn--Crotalaria juncea L.

Crownvetch--Coronilla varia L.

Dallisgrass--Paspalum dilatatum Poir.

Dichondra--Dichondra repens Forst. and Forst. f.

Dropseed, sand--Sporobolus cryptandrus (Torr.) A. Gray

Emmer--Triticum dicoccon Schrank

Fescue, chewings--Festuca rubra L. subsp. commutata Gaud.

Fescue, hair--Festuca tenuifolia Sibth.

Fescue, hard--Festuca brevipila Tracey

Fescue, meadow--Festuca pratensis Huds.

Fescue, red--Festuca rubra L. subsp. rubra

Fescue, sheep--Festuca ovina L. var. ovina

Fescue, tall--Festuca arundinacea Schreb.

Flax--Linum usitatissimum L.

Galletagrass--Hilaria jamesii (Torr.) Benth.

Grama, blue--Bouteloua gracilis (Kunth) Steud.

Grama, side-oats--Bouteloua curtipendula (Michx.) Torr.

Guar--Cyamopsis tetragonoloba (L.) Taub.

Guineagrass--Panicum maximum Jacq. var. maximum

Hardinggrass--Phalaris stenoptera Hack.

Hemp--Cannabis sativa L.

Indiangrass, yellow--Sorghastrum nutans (L.) Nash

Indigo, hairy--Indigofera hirsuta L.

Japanese lawngrass--Zoysia japonica Steud.

Johnsongrass--Sorghum halepense (L.) Pers.

Kenaf--Hibiscus cannabinus L.

Kochia, forage--Kochia prostrata (L.) Schrad.

Kudzu--Pueraria montana (Lour.) Merr. var. lobata (Willd.) Maesen

and S. Almeida

Lentil--Lens culinaris Medik.

Lespedeza, Korean--Kummerowia stipulacea (Maxim.) Makino

Lespedeza, sericea or Chinese--Lespedeza cuneata (Dum.-Cours.) G.

Don

Lespedeza, Siberian--Lespedeza juncea (L. f.) Pers.

Lespedeza, striate--Kummerowia striata (Thunb.) Schindler

Lovegrass, sand--Eragrostis trichodes (Nutt.) Wood

Lovegrass, weeping--Eragrostis curvula (Schrad.) Nees

Lupine, blue--Lupinus angustifolius L.

Lupine, white--Lupinus albus L.

Lupine, yellow--Lupinus luteus L.

Manilagrass--Zoysia matrella (L.) Merr.

Meadow foxtail--Alopecurus pratensis L.

Medic, black--Medicago lupulina L.

Milkvetch or cicer milkvetch--Astragalus cicer L.

Millet, browntop--Brachiaria ramosa (L.) Stapf

Millet, foxtail--Setaria italica (L.) Beauv.

Millet, Japanese--Echinochloa frumentacea Link

Millet, pearl--Pennisetum glaucum (L.) R. Br.

Millet, proso--Panicum miliaceum L.

Molassesgrass--Melinis minutiflora Beauv.

Mustard, black--Brassica nigra (L.) Koch

Mustard, India--Brassica juncea (L.) Czernj. and Coss.

Mustard, white--Sinapis alba L.

Napiergrass--Pennisetum purpureum Schumach.

Needlegrass, green--Stipa viridula Trin.

Oat--Avena byzantina C. Koch, A. sativa L., A. nuda L.

Oatgrass, tall--Arrhenatherum elatius (L.) J.S. Presl and K.B.

Presl

Orchardgrass--Dactylis glomerata L.

Panicgrass, blue--Panicum antidotale Retz.

Panicgrass, green--Panicum maximum Jacq. var. trichoglume Robyns

Pea, field--Pisum sativum L.

Peanut--Arachis hypogaea L.

Poa trivialis--(see Bluegrass, rough)

Rape, annual--Brassica napus L. var. annua Koch

Rape, bird--Brassica rapa L. subsp. rapa

Rape, turnip--Brassica rapa L. subsp. silvestris (Lam.) Janchen

Rape, winter--Brassica napus L. var. biennis (Schubl. and Mart.)

Reichb.

Redtop--Agrostis gigantea Roth

Rescuegrass--Bromus catharticus Vahl

Rhodesgrass--Chloris gayana Kunth

Rice--Oryza sativa L.

Ricegrass, Indian--Oryzopsis hymenoides (Roem. and Schult.) Ricker

Roughpea--Lathyrus hirsutus L.

Rye--Secale cereale L.

Rye, mountain--Secale strictum (K.B. Presl) K.B. Presl subsp.

strictum

Ryegrass, annual or Italian--Lolium multiflorum Lam.

Ryegrass, intermediate--Lolium x hybridum Hausskn.

Ryegrass, perennial--Lolium perenne L.

Ryegrass, Wimmera--Lolium rigidum Gaud.

Safflower--Carthamus tinctorius L.

Sagewort, Louisiana--Artemisia ludoviciana Nutt.

Sainfoin--Onobrychis viciifolia Scop.

Saltbush, fourwing--Atriplex canescens (Pursh) Nutt.

Sesame--Sesamum indicum L.

Sesbania--Sesbania exaltata (Raf.) A.W. Hill

Smilo--Piptatherum miliaceum (L.) Coss

[[Page 51800]]

Sorghum--Sorghum bicolor (L.) Moench

Sorghum almum--Sorghum x almum L. Parodi

Sorghum-sudangrass--Sorghum x drummondii (Steud.) Millsp. and Chase

Sorgrass--Rhizomatous derivatives of a johnsongrass x sorghum cross

or a johnsongrass x sudangrass cross

Southernpea--(See Cowpea)

Sourclover--Melilotus indicus (L.) All.

Soybean--Glycine max (L.) Merr.

Spelt--Triticum spelta L.

Sudangrass--Sorghum x drummondii (Steud.) Millsp. and Chase

Sunflower--Helianthus annuus L.

Sweetclover, white--Melilotus albus Medik.

Sweetclover, yellow--Melilotus officinalis Lam.

Sweet vernalgrass--Anthoxanthum odoratum L.

Sweetvetch, northern--Hedysarum boreale Nutt.

Switchgrass--Panicum virgatum L.

Timothy--Phleum pratense L.

Timothy, turf--Phleum bertolonii DC.

Tobacco--Nicotiana tabacum L.

Trefoil, big--Lotus uliginosus Schk.

Trefoil, birdsfoot--Lotus corniculatus L.

Triticale--x Triticosecale Wittm. (Secale x Triticum)

Vaseygrass--Paspalum urvillei Steud.

Veldtgrass--Ehrharta calycina J.E. Smith

Velvetbean--Mucuna pruriens (L.) DC. var. utilis (Wight) Burck

Velvetgrass--Holcus lanatus L.

Vetch, common--Vicia sativa L. subsp. sativa

Vetch, hairy--Vicia villosa Roth subsp. villosa

Vetch, Hungarian--Vicia pannonica Crantz

Vetch, monantha--Vicia articulata Hornem.

Vetch, narrowleaf or blackpod--Vicia sativa L. subsp. nigra (L.)

Ehrh.

Vetch, purple--Vicia benghalensis L.

Vetch, woollypod or winter--Vicia villosa Roth subsp. varia (Host)

Corb.

Wheat, common--Triticum aestivum L.

Wheat, club--Triticum compactum Host

Wheat, durum--Triticum durum Desf.

Wheat, Polish--Triticum polonicum L.

Wheat, poulard--Triticum turgidum L.

Wheat x Agrotricum--Triticum x Agrotriticum

Wheatgrass, beardless--Pseudoroegneria spicata (Pursh) A. Love

Wheatgrass, crested or fairway crested--Agropyron cristatum (L.)

Gaertn.

Wheatgrass, crested or standard crested--Agropyron desertorum

(Link) Schult.

Wheatgrass, intermediate--Elytrigia intermedia (Host) Nevski subsp.

intermedia

Wheatgrass, pubescent--Elytrigia intermedia (Host) Nevski subsp.

intermedia

Wheatgrass, Siberian--Agropyron fragile (Roth) Candargy subsp.

sibiricum (Willd.) Meld.

Wheatgrass, slender--Elymus trachycaulus (Link) Shinn.

Wheatgrass, streambank--Elymus lanceolatus (Scribn. and J.G. Smith)

Gould subsp. lanceolatus

Wheatgrass, tall--Elytrigia elongata (Host) Nevski

Wheatgrass, western--Pascopyrum smithii (Rydb.) A. Love

Wildrye, basin--Leymus cinereus (Scribn. and Merr.) A. Love

Wildrye, Canada--Elymus canadensis L.

Wildrye, Russian--Psathyrostachys juncea (Fisch.) Nevski

Zoysia japonica--(see Japanese lawngrass)

Zoysia matrella--(see Manilagrass)

Animal and Plant Health Inspection Service (APHIS). The Animal and

Plant Health Inspection Service of the U.S. Department of Agriculture.

APHIS inspector. Any employee of the Animal and Plant Health

Inspection Service or any other individual authorized by the

Administrator to enforce this part.

Coated Seed. Any seed unit covered with any substance that changes

the size, shape, or weight of the original seed. Seeds coated with

ingredients such as, but not limited to, rhizobia, dyes, and pesticides

are excluded.

Declaration. A written statement of a grower, shipper, processor,

dealer, or importer giving for any lot of seed the kind, variety, type,

origin, or the use for which the seed is intended.

Hybrid. When applied to kinds or varieties of seed means the first

generation seed of a cross produced by controlling the pollination and

by combining two or more inbred lines; one inbred or a single cross

with an open-pollinated variety; two selected clones, seed lines,

varieties, or species. ``Controlling the pollination'' means to use a

method of hybridization that will produce pure seed that is at least 75

percent hybrid seed. Hybrid designations shall be treated as variety

names.

Import. To bring into the territorial limits of the United States.

Kind. One or more related species or subspecies that singly or

collectively is known by one common name, e.g., soybean, flax, or

carrot.

Lot of seed. A definite quantity of seed identified by a lot

number, every portion or bag of which is uniform, within permitted

tolerances, for the factors that appear in the labeling.

Mixture. Seeds consisting of more than one kind or variety, each

present in excess of 5 percent of the whole.

Official seed analyst. A registered member of the Association of

Official Seed Analysts.

Pelleted seed. Any seed unit covered with a substance that changes

the size, shape, or weight of the original seed in order to improve the

plantability or singulation of the seed.

Person. Any individual, partnership, corporation, company, society,

association, receiver, trustee, or other legal entity or organized

group.

Port of first arrival. The land area (such as a seaport, airport,

or land border station) where a person, or a land, water, or air

vehicle, first arrives after entering the United States, and where

inspection of articles is carried out by APHIS inspectors.

Registered seed technologist. A registered member of the Society of

Commercial Seed Technologists.

Screenings. Chaff, sterile florets, immature seed, weed seed, inert

matter, and any other materials removed in any way from any seeds in

any kind of cleaning or processing and which contains less than 25

percent of live agricultural or vegetable seeds.

State. Any State, the District of Columbia, American Samoa, Guam,

the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the

United States, and any other territory or possession of the United

States.

United States. All of the States.

Variety. A subdivision of a kind which is characterized by growth,

plant, fruit, seed, or other characteristics by which it can be

differentiated from other sorts of the same kind.

Vegetable seed. The seed of the following kinds and varieties that

are or may be grown in gardens or on truck farms and are or may be

generally known and sold under the name of vegetable seed:

Artichoke--Cynara cardunculus L. subsp. cardunculus

Asparagus--Asparagus officinalis Baker

Asparagusbean or yard-long bean--Vigna unguiculata (L.) Walp.

subsp. sesquipedalis (L.) Verdc.

Bean, garden--Phaseolus vulgaris L.

Bean, lima--Phaseolus lunatus L.

Bean, runner or scarlet runner--Phaseolus coccineus L.

Beet--Beta vulgaris L. subsp. vulgaris

Broadbean--Vicia faba L.

Broccoli--Brassica oleracea L. var. botrytis L.

[[Page 51801]]

Brussels sprouts--Brassica oleracea L. var. gemmifera DC.

Burdock, great--Arctium lappa L.

Cabbage--Brassica oleracea L. var. capitata L.

Cabbage, Chinese--Brassica rapa L. subsp. pekinensis (Lour.) Hanelt

Cabbage, tronchuda--Brassica oleracea L. var. costata DC.

Cantaloupe--(see Melon)

Cardoon--Cynara cardunculus L. subsp. cardunculus

Carrot--Daucus carota L. subsp. sativus (Hoffm.) Arcang.

Cauliflower--Brassica oleracea L. var. botrytis L.

Celeriac--Apium graveolens L. var. rapaceum (Mill.) Gaud.

Celery--Apium graveolens L. var. dulce (Mill.) Pers.

Chard, Swiss--Beta vulgaris L. subsp. cicla (L.) Koch

Chicory--Cichorium intybus L.

Chives--Allium schoenoprasum L.

Citron--Citrullus lanatus (Thunb.) Matsum. and Nakai var. citroides

(Bailey) Mansf.

Collards--Brassica oleracea L. var. acephala DC.

Corn, sweet--Zea mays L.

Cornsalad--Valerianella locusta (L.) Laterrade

Cowpea--Vigna unguiculata (L.) Walp. subsp. unguiculata

Cress, garden--Lepidium sativum L.

Cress, upland--Barbarea verna (Mill.) Asch.

Cress, water--Rorippa nasturtium-aquaticum (L.) Hayek

Cucumber--Cucumis sativus L.

Dandelion--Taraxacum officinale Wigg.

Dill--Anethum graveolens L.

Eggplant--Solanum melongena L.

Endive--Cichorium endivia L.

Gherkin, West India--Cucumis anguria L.

Kale--Brassica oleracea L. var. acephala DC.

Kale, Chinese--Brassica oleracea L. var. alboglabra (Bailey) Musil

Kale, Siberian--Brassica napus L. var. pabularia (DC.) Reichb.

Kohlrabi--Brassica oleracea L. var. gongylodes L.

Leek--Allium porrum L.

Lettuce--Lactuca sativa L.

Melon--Cucumis melo L.

Muskmelon--(see Melon).

Mustard, India--Brassica juncea (L.) Czernj. and Coss.

Mustard, spinach--Brassica perviridis (Bailey) Bailey

Okra--Abelmoschus esculentus (L.) Moench

Onion--Allium cepa L.

Onion, Welsh--Allium fistulosum L.

Pak-choi--Brassica rapa L. subsp. chinensis (L.) Hanelt

Parsley--Petroselinum crispum (Mill.) A.W. Hill

Parsnip--Pastinaca sativa L.

Pea--Pisum sativum L.

Pepper--Capsicum spp.

Pe-tsai--(see Chinese cabbage).

Pumpkin--Cucurbita pepo L., C. moschata (Duchesne) Poiret, and C.

maxima Duchesne

Radish--Raphanus sativus L.

Rhubarb--Rheum rhabarbarum L.

Rutabaga--Brassica napus L. var. napobrassica (L.) Reichb.

Sage--Salvia officinalis L.

Salsify--Tragopogon porrifolius L.

Savory, summer--Satureja hortensis L.

Sorrel--Rumex acetosa L.

Southernpea--(see Cowpea).

Soybean--Glycine max (L.) Merr.

Spinach--Spinacia oleracea L.

Spinach, New Zealand--Tetragonia tetragonioides (Pall.) Ktze.

Squash--Cucurbita pepo L., C. moschata (Duchesne) Poiret, and C.

maxima Duchesne

Tomato--Lycopersicon esculentum Mill.

Tomato, husk--Physalis pubescens L.

Turnip--Brassica rapa L. subsp. rapa

Watermelon--Citrullus lanatus (Thunb.) Matsum. and Nakai var.

lanatus

Sec. 361.2 General restrictions on the importation of seed and

screenings.

(a) No person shall import any agricultural seed, vegetable seed,

or screenings into the United States unless the importation is in

compliance with this part.

(b) Any agricultural seed, vegetable seed, or screenings imported

into the United States not in compliance with this part shall be

subject to exportation, destruction, disposal, or any remedial measures

that the Administrator determines are necessary to prevent the

dissemination into the United States of noxious weeds.

(c) Except as provided in Sec. 361.7(b), coated or pelleted seed

may enter the United States only if each lot of seed is accompanied by

an officially drawn and sealed sample of seed drawn from the lot before

the seed was coated or pelleted. The sample must be drawn in a manner

consistent with that described in Sec. 361.5 of this part.

(d) Except as provided in Secs. 361.4(a)(3) and 361.7(c),

screenings of all agricultural seed and vegetable seed are prohibited

entry into the United States.

Sec. 361.3 Declarations and labeling.

(a) All lots of agricultural seed, vegetable seed, and screenings

offered for entry into the United States must be accompanied by a

declaration from the importer of the seed or screenings. The

declaration must state the kind, variety, and origin of each lot of

seed or screenings and the use for which the seed or screenings are

being imported.

(b) Each container of agricultural seed and vegetable seed offered

for entry into the United States that is being imported for seeding

(planting) purposes must be labeled to indicate the identification code

or designation for the lot of seed; the name of each kind or kind and

variety of agricultural seed or the name of each kind and variety of

vegetable seed present in the lot in excess of 5 percent of the whole;

and the designation ``hybrid'' when the lot contains hybrid seed. Kind

and variety names used on the label shall conform to the kind and

variety names used in the definitions of ``agricultural seed'' and

``vegetable seed'' in Sec. 361.1. If any seed in the lot has been

treated, each container must be further labeled, in type no smaller

than 8 point, as follows:

(1) The label must indicate that the seed has been treated and

provide the name of the substance or process used to treat the seed.

Substance names used on the label shall be the commonly accepted

coined, chemical (generic), or abbreviated chemical name.

(i) Commonly accepted coined names are not private trademarks and

are, thus, free for general public use, and are commonly recognized as

names of particular substances, e.g., thiram, captan, lindane, and

dichlone.

(ii) Examples of commonly accepted chemical (generic) names are

blue-stone, calcium carbonate, cuprous oxide, zinc hydroxide,

hexachlorobenzene, and ethyl mercury acetate. The terms ``mercury'' or

``mercurial'' may be used in labeling all types of mercurials.

(iii) Examples of commonly accepted abbreviated chemical names are

BHC (1, 2, 3, 4, 5, 6-Hexachlorocyclohexane) and DDT (dichloro diphenyl

trichloroethane).

(2) If the seed has been treated with a mercurial or similarly

toxic substance harmful to humans and vertebrate animals, the label

must include a representation of a skull and crossbones and a statement

indicating that the seed has been treated with poison. The skull and

crossbones must be at least twice the size of the type used for the

information provided on the label, and the poison warning statement

must be written in red letters on a background of distinctly

contrasting color. Mercurials and similarly toxic substances include

the following:

Aldrin, technical

Demeton

Dieldrin

[[Page 51802]]

p-Dimethylaminobenzenediazo sodium sulfonate

Endrin

Ethion

Heptachlor

Mercurials, all types

Parathion

Phorate

Toxaphene

O-O-Diethyl-O-(isopropyl-4-methyl-6-pyrimidyl) thiophosphate

O, O-Diethyl-S-2-(ethylthio) ethyl phosphorodithioate

(3) If the seed has been treated with a substance other than one

classified as a mercurial or similarly toxic substance under paragraph

(b)(2) of this section, and the amount remaining with the seed is

harmful to humans or other vertebrate animals, the label must indicate

that the seed is not to be used for food, feed, or oil purposes. Any

amount of any substance used to treat the seed that remains with the

seed will be considered harmful when the seed is in containers of more

than 4 ounces, except that the following substances will not be deemed

harmful when present at a rate less than the number of parts per

million (p/m) indicated:

Allethrin--2 p/m

Malathion--8 p/m

Methoxyclor--2 p/m

Piperonyl butoxide--20 p/m (8 p/m on oat and sorghum)

Pyrethrins--3 p/m (1 p/m on oat and sorghum)

(c) In the case of seed in bulk, the information required under

paragraph (b) of this section shall appear in the invoice or other

records accompanying and pertaining to such seed. If the seed is in

containers and in quantities of 20,000 pounds or more, regardless of

the number of lots included, the information required on each container

under paragraph (b) of this section need not be shown on each container

if each container has stenciled upon it or bears a label containing a

lot designation and the invoice or other records accompanying and

pertaining to such seed bear the various statements required for the

respective seeds.

(d) Each container of agricultural seed and vegetable seed offered

for entry into the United States for cleaning need not be labeled to

show the information required under paragraph (b) of this section if:

(1) The seed is in bulk;

(2) The seed is in containers and in quantities of 20,000 pounds or

more, regardless of the number of lots involved, and the invoice or

other records accompanying and pertaining to the seed show that the

seed is for cleaning; or

(3) The seed is in containers and in quantities less than 20,000

pounds, and each container carries a label that bears the words ``Seed

for cleaning.''

Sec. 361.4 Inspection at the port of first arrival.

(a) All agricultural seed, vegetable seed, and screenings offered

for entry into the United States shall be subject to inspection at the

port of first arrival. Lots of agricultural seed, vegetable seed, or

screenings may enter the United States without meeting the sampling

requirements of paragraph (b) of this section if the lot is:

(1) Seed that is not being imported for seeding (planting) purposes

and the declaration required by Sec. 361.3(a) states the purpose for

which the seed is being imported;

(2) Seed that is being shipped in bond through the United States;

(3) Screenings from seeds of wheat, oats, barley, rye, buckwheat,

field corn, sorghum, broomcorn, flax, millet, proso, soybeans, cowpeas,

field peas, or field beans that are not being imported for seeding

(planting) purposes and the declaration accompanying the screenings as

required under Sec. 361.2(a) indicates that the screenings are being

imported for processing or manufacturing purposes;

(4) Seed that is being imported for sowing for experimental or

breeding purposes, is not for sale, is limited in quantity to the

amount indicated in column 3 of table 1 of Sec. 361.5, and is

accompanied by a declaration stating the purpose for which it is being

imported (seed imported for increase purposes only will not be

considered as being imported for experimental or breeding purposes); or

(5) Seed that was grown in the United States, exported, and is now

returning to the United States, provided that the person importing the

seed into the United States furnishes APHIS with the following

documentation:

(i) Export documents indicating the quantity of seed and number of

containers, the date of exportation from the United States, the

distinguishing marks on the containers at the time of exportation, and

the name and address of the United States exporter;

(ii) A document issued by a Customs or other government official of

the country to which the seed was exported indicating that the seed was

not admitted into the commerce of that country; and

(iii) A document issued by a Customs or other government official

of the country to which the seed was exported indicating that the seed

was not commingled with other seed after being exported to that

country.

(b) Except as provided in Secs. 361.5(a)(2) and 361.7, samples will

be taken from all agricultural seed and vegetable seed offered for

entry into the United States that is being imported for seeding

(planting) purposes prior to being released into the commerce of the

United States.

(1) Samples of seed will be taken from each lot of seed in

accordance with Sec. 361.5 to determine whether any seeds of noxious

weeds listed in Sec. 361.6(a) are present. If seeds of noxious weeds

are present at a level higher than the tolerances set forth in

Sec. 361.6(b), the lot of seed will be deemed to be adulterated and

will be rejected for entry into the United States for seeding

(planting) purposes. Once deemed adulterated, the lot of seed must be:

(i) Exported from the United States;

(ii) Destroyed under the supervision of an APHIS inspector;

(iii) Cleaned under APHIS supervision at a seed-cleaning facility

that is operated in accordance with Sec. 361.8(a); or

(iv) If the lot of seed is adulterated with the seeds of a noxious

weed listed in Sec. 361.6(a)(2), the seed may be allowed entry into the

United States for feeding or manufacturing purposes, provided the

importer withdraws his or her original declaration and files a new

declaration stating that the seed is being imported for feeding or

manufacturing purposes and that no part of the seed will be used for

seeding (planting) purposes.

(2) Seed deemed adulterated may not be mixed with any other seed

unless the Administrator determines that two or more lots of seed

deemed adulterated are of substantially the same quality and origin. In

such cases, the Administrator may allow the adulterated lots of seed to

be mixed for cleaning as provided in paragraph (b)(1)(iii) of this

section.

(3) If the labeling of a lot of seed is found to be false or

misleading in any respect, a finding of false labeling will be made and

the seed will be rejected for entry into the United States. A lot of

seed found to be falsely labeled must be:

(i) Exported from the United States;

(ii) Destroyed under the supervision of an APHIS inspector; or

(iii) The seed may be allowed entry into the United States if the

labeling is corrected under the supervision of an APHIS inspector to

accurately reflect the character of the lot of seed.

Sec. 361.5 Sampling of seed.

(a) Sample sizes. As provided in Sec. 361.4(b), samples of seed

will be taken from each lot of seed being imported for seeding purposes

to determine whether any seeds of noxious weeds listed in

[[Page 51803]]

Sec. 361.6(a) are present. The samples shall be drawn in the manner

described in paragraphs (b) and (c) of this section. Unused portions of

samples of rare or expensive seeds will be returned by APHIS upon

request of the importer.

(1) A minimum sample of not less than 1 quart shall be drawn from

each lot of agricultural seed; a minimum sample of not less than 1 pint

shall be drawn from each lot of vegetable seed, except that a sample of

\1/4\ pint will be sufficient for a vegetable seed importation of 5

pounds or less. The minimum sample shall be divided repeatedly until a

working sample of proper weight has been obtained. If a mechanical

divider cannot be used or is not available, the sample shall be

thoroughly mixed, then placed in a pile; the pile shall be divided

repeatedly into halves until a working sample of the proper weight

remains. The weights of the working samples for noxious weed

examination for each lot of seed are shown in column 1 of table 1 of

this section. If the lot of seed is a mixture, the following methods

shall be used to determine the weight of the working sample:

(i) If the lot of seed is a mixture consisting of one predominant

kind of seed or a group of kinds of similar size, the weight of the

working sample shall be the weight shown in column 1 of table 1 of this

section for the kind or group of kinds that comprises more than 50

percent of the sample.

(ii) If the lot of seed is a mixture consisting of two or more

kinds or groups of kinds of different sizes, none of which comprises

over 50 percent of the sample, the weight of the working sample shall

be the weighted average (to the nearest half gram) of the weight shown

in column 1 of table 1 of this section for each of the kinds that

comprise the sample, as determined by the following method:

(A) Multiply the percentage of each component of the mixture

(rounded off to the nearest whole number) by the sample sizes shown in

column 1 of table 1 of this section;

(B) add all these products;

(C) total the percentages of all components of the mixtures; and

(D) divide the sum in paragraph (a)(1)(ii)(B) of this section by

the total in paragraph (a)(1)(ii)(C) of this section.

(2) It is not ordinarily practical to sample and test small lots of

seed offered for entry. The maximum sizes of lots of each kind of seed

not ordinarily sampled are shown in column 2 of table 1 of this

section.

(3) The maximum sizes of lots of each kind of seed allowed entry

without sampling for sowing for experimental or breeding purposes as

provided in Sec. 361.4(a)(4) are shown in column 3 of table 1 of this

section.

Table 1

Maximum weight

of seed lot

permitted

Working weight Maximum weight entry for

for noxious of seed lot experimental

Name of seed weed not ordinarily or breeding

examination sampled purposes

(grams) (pounds) without

sampling

(pounds)

(1) (2) (3)

----------------------------------------------------------------------------------------------------------------

VEGETABLE SEED

Artichoke....................................................... 500 25 50

Asparagus....................................................... 500 25 50

Asparagusbean................................................... 500 25 50

Bean............................................................ .............. 25 200

garden...................................................... 500 100 500

lima........................................................ 500 25 200

runner...................................................... 500 25 200

Beet............................................................ 300 25 50

Broadbean....................................................... 500 25 200

Broccoli........................................................ 50 5 10

Brussels sprouts................................................ 50 5 10

Burdock, great.................................................. 150 10 50

Cabbage......................................................... 50 5 10

Cabbage, Chinese................................................ 50 5 10

Cabbage, tronchuda.............................................. 100 5 10

Cantaloupe (see Melon)..........................................

Cardoon......................................................... 500 25 50

Carrot.......................................................... 50 5 10

Cauliflower..................................................... 50 5 10

Celeriac........................................................ 25 5 10

Celery.......................................................... 25 5 10

Chard, Swiss.................................................... 300 25 50

Chicory......................................................... 50 5 10

Chives.......................................................... 50 5 10

Citron.......................................................... 500 25 50

Collards........................................................ 50 5 10

Corn, sweet..................................................... 500 25 200

Cornsalad....................................................... 50 5 10

Cowpea.......................................................... 500 25 200

Cress, garden................................................... 50 5 10

Cress, upland................................................... 35 5 10

Cress, water.................................................... 25 5 10

Cucumber........................................................ 500 25 50

[[Page 51804]]

Dandelion....................................................... 35 5 10

Dill............................................................ 50 5 10

Eggplant........................................................ 50 5 10

Endive.......................................................... 50 5 10

Gherkin, West India............................................. 160 25 50

Kale............................................................ 50 5 10

Kale, Chinese................................................... 50 5 10

Kale, Siberian.................................................. 80 5 10

Kohlrabi........................................................ 50 5 10

Leek............................................................ 50 5 10

Lettuce......................................................... 50 5 10

Melon........................................................... 500 25 50

Mustard, India.................................................. 50 25 100

Mustard, spinach................................................ 50 5 10

Okra............................................................ 500 25 50

Onion........................................................... 50 5 10

Onion, Welsh.................................................... 50 5 10

Pak-choi........................................................ 50 5 10

Parsley......................................................... 50 5 10

Parsnip......................................................... 50 5 10

Pea............................................................. 500 25 200

Pepper.......................................................... 150 5 10

Pumpkin......................................................... 500 25 50

Radish.......................................................... 300 25 50

Rhubarb......................................................... 300 5 10

Rutabaga........................................................ 50 5 10

Sage............................................................ 150 25 50

Salsify......................................................... 300 25 50

Savory, summer.................................................. 35 5 10

Sorrel.......................................................... 35 5 10

Soybean......................................................... 500 25 200

Spinach......................................................... 150 25 50

Spinach, New Zealand............................................ 500 25 50

Squash.......................................................... 500 25 50

Tomato.......................................................... 50 5 10

Tomato, husk.................................................... 35 5 10

Turnip.......................................................... 50 5 10

Watermelon...................................................... 500 25 50

AGRICULTURAL SEED

Agrotricum...................................................... 500 100 500

Alfalfa......................................................... 50 25 100

Alfilaria....................................................... 50 25 100

Alyceclover..................................................... 50 25 100

Bahiagrass...................................................... 50 25 100

Barrelclover.................................................... 100 25 100

Barley.......................................................... 500 100 500

Bean, adzuki.................................................... 500 100 500

Bean, field..................................................... 500 100 500

Bean, mung...................................................... 500 100 500

Bean (see Velvetbean)...........................................

Beet, field..................................................... 500 100 500

Beet, sugar..................................................... 500 100 1,000

Beggarweed...................................................... 50 25 100

Bentgrass, colonial............................................. 2.5 25 100

Bentgrass, creeping............................................. 2.5 25 100

Bentgrass, velvet............................................... 2.5 25 100

Bermudagrass.................................................... 10 25 100

Bermudagrass, giant............................................. 10 25 100

Bluegrass, annual............................................... 10 25 100

Bluegrass, bulbous.............................................. 40 25 100

Bluegrass, Canada............................................... 5 25 100

Bluegrass, glaucantha........................................... 10 25 100

[[Page 51805]]

Bluegrass, Kentucky............................................. 10 25 100

Bluegrass, Nevada............................................... 10 25 100

Bluegrass, rough................................................ 5 25 100

Bluegrass, Texas................................................ 10 25 100

Bluegrass, wood................................................. 5 25 100

Bluejoint....................................................... 5 25 100

Bluestem, big................................................... 70 25 100

Bluestem, little................................................ 50 25 100

Bluestem, sand.................................................. 100 25 100

Bluestem, yellow................................................ 10 25 100

Bottlebrush-squirreltail........................................ 90 25 100

Brome, field.................................................... 50 25 100

Brome, meadow................................................... 130 25 100

Brome, mountain................................................. 200 25 100

Brome, smooth................................................... 70 25 100

Broomcorn....................................................... 400 100 500

Buckwheat....................................................... 500 100 500

Buffalograss:

(burs)...................................................... 200 25 100

(caryopses)................................................. 30 25 100

Buffelgrass:

(fascicles)................................................. 66 25 100

(caryopses)................................................. 20 25 100

Burclover, California:

(in bur).................................................... 500 100 500

(out of bur)................................................ 70 25 100

Burclover, spotted:

(in bur).................................................... 500 100 500

(out of bur)................................................ 50 25 100

Burnet, little.................................................. 250 25 100

Buttonclover.................................................... 70 25 100

Canarygrass..................................................... 200 25 100

Canarygrass, reed............................................... 20 25 100

Carpetgrass..................................................... 10 25 100

Castorbean...................................................... 500 100 500

Chess, soft..................................................... 50 25 100

Chickpea........................................................ 500 100 500

Clover, alsike.................................................. 20 25 100

Clover, arrowleaf............................................... 40 25 100

Clover, berseem................................................. 50 25 100

Clover, cluster................................................. 10 25 100

Clover, crimson................................................. 100 25 100

Clover, Kenya................................................... 20 25 100

Clover, Ladino.................................................. 20 25 100

Clover, Lappa................................................... 20 25 100

Clover, large hop............................................... 10 25 100

Clover, Persian................................................. 20 25 100

Clover, red..................................................... 50 25 100

Clover, rose.................................................... 70 25 100

Clover, small hop:

(suckling).................................................. 20 25 100

Clover, strawberry.............................................. 50 25 100

Clover, sub:

(subterranean).............................................. 250 25 100

Clover, white................................................... 20 25 100

Corn, field..................................................... 500 100 1,000

Corn, pop....................................................... 500 100 1,000

Cotton.......................................................... 500 100 500

Cowpea.......................................................... 500 100 500

Crambe.......................................................... 250 25 100

Crested dogtail................................................. 20 25 100

Crotalaria, lance............................................... 70 25 100

Crotalaria, showy............................................... 250 25 100

[[Page 51806]]

Crotalaria, slenderleaf......................................... 100 25 100

Crotalaria, striped............................................. 100 25 100

Crotalaria, Sunn................................................ 500 25 100

Crownvetch...................................................... 100 25 100

Dallisgrass..................................................... 40 25 100

Dichondra....................................................... 50 25 100

Dropseed, sand.................................................. 2.5 25 100

Emmer........................................................... 500 100 500

Fescue, Chewings................................................ 30 25 100

Fescue, hair.................................................... 10 25 100

Fescue, hard.................................................... 20 25 100

Fescue, meadow.................................................. 50 25 100

Fescue, red..................................................... 30 25 100

Fescue, sheep................................................... 20 25 100

Fescue, tall.................................................... 50 25 100

Flax............................................................ 150 25 100

Galletagrass:

(other than caryopses)...................................... 100 25 100

(caryopses)................................................. 50 25 100

Grama, blue..................................................... 20 25 100

Grama, side-oats:

(other than caryopses)...................................... 60 25 100

(caryopses)................................................. 20 25 100

Guar............................................................ 500 25 100

Guineagrass..................................................... 20 25 100

Hardinggrass.................................................... 30 25 100

Hemp............................................................ 500 100 500

Indiangrass, yellow............................................. 70 25 100

Indigo, hairy................................................... 70 25 100

Japanese lawngrass.............................................. 20 25 100

Johnsongrass.................................................... 100 25 100

Kenaf........................................................... 500 100 500

Kochia, forage.................................................. 20 25 100

Kudzu........................................................... 250 25 100

Lentil.......................................................... 500 25 100

Lespedeza, Korean............................................... 50 25 100

Lespedeza, sericea or Chinese................................... 30 25 100

Lespedeza, Siberian............................................. 30 25 100

Lespedeza, striate.............................................. 50 25 100

Lovegrass, sand................................................. 10 25 100

Lovegrass, weeping.............................................. 10 25 100

Lupine, blue.................................................... 500 100 500

Lupine, white................................................... 500 100 500

Lupine, yellow.................................................. 500 100 500

Manilagrass..................................................... 20 25 100

Meadow foxtail.................................................. 30 25 100

Medick, black................................................... 50 25 100

Milkvetch....................................................... 90 25 100

Millet, browntop................................................ 80 25 100

Millet, foxtail................................................. 50 25 100

Millet, Japanese................................................ 90 25 100

Millet, pearl................................................... 150 25 100

Millet, proso................................................... 150 25 100

Molassesgrass................................................... 5 25 100

Mustard, black.................................................. 20 25 100

Mustard, India.................................................. 50 25 100

Mustard, white.................................................. 150 25 100

Napiergrass..................................................... 50 25 100

Needlegrass, green.............................................. 70 25 100

Oat............................................................. 500 100 500

Oatgrass, tall.................................................. 60 25 100

Orchardgrass.................................................... 30 25 100

Panicgrass, blue................................................ 20 25 100

[[Page 51807]]

Panicgrass, green............................................... 20 25 100

Pea, field...................................................... 500 100 500

Peanut.......................................................... 500 100 500

Poa trivialis (see bluegrass, rough)

Rape, annual.................................................... 70 25 100

Rape, bird...................................................... 70 25 100

Rape, turnip.................................................... 50 25 100

Rape, winter.................................................... 100 25 100

Redtop.......................................................... 2.5 25 100

Rescuegrass..................................................... 200 25 100

Rhodesgrass..................................................... 10 25 100

Rice............................................................ 500 100 500

Ricegrass, Indian............................................... 70 25 100

Roughpea........................................................ 500 100 500

Rye............................................................. 500 100 500

Rye, mountain................................................... 280 25 100

Ryegrass, annual................................................ 50 25 100

Ryegrass, intermediate.......................................... 80 25 100

Ryegrass, perennial............................................. 50 25 100

Ryegrass, Wimmera............................................... 50 25 100

Safflower....................................................... 500 100 500

Sagewort, Louisiana............................................. 5 25 100

Sainfoin........................................................ 500 100 500

Saltbush, fourwing.............................................. 150 25 100

Seasame......................................................... 70 25 100

Sesbania........................................................ 250 25 100

Smilo........................................................... 20 25 100

Sorghum......................................................... 500 100 1,000

Sorghum almum................................................... 150 25 100

Sorghum-sudangrass hybrid....................................... 500 100 1,000

Sorgrass........................................................ 150 25 100

Sourclover...................................................... 50 25 100

Soybean......................................................... 500 100 500

Spelt........................................................... 500 100 500

Sudangrass...................................................... 250 25 100

Sunflower....................................................... 500 100 500

Sweetclover, white.............................................. 50 25 100

Sweetclover, yellow............................................. 50 25 100

Sweet vernalgrass............................................... 20 25 100

Sweetvetch, northern............................................ 190 25 100

Switchgrass..................................................... 40 25 100

Timothy......................................................... 10 25 100

Timothy, turf................................................... 10 25 100

Tobacco......................................................... 5 1 1

Trefoil, big.................................................... 20 25 100

Trefoil, birdsfoot.............................................. 30 25 100

Triticale....................................................... 500 100 500

Vaseygrass...................................................... 30 25 100

Veldtgrass...................................................... 40 25 100

Velvetbean...................................................... 500 100 500

Velvetgrass..................................................... 10 25 100

Vetch, common................................................... 500 100 500

Vetch, hairy.................................................... 500 100 500

Vetch, Hungarian................................................ 500 100 500

Vetch, Monantha................................................. 500 100 500

Vetch, narrowleaf............................................... 500 100 500

Vetch, purple................................................... 500 100 500

Vetch, woolypod................................................. 500 100 500

Wheat, common................................................... 500 100 500

Wheat, club..................................................... 500 100 500

Wheat, durum.................................................... 500 100 500

Wheat, Polish................................................... 500 100 500

Wheat, poulard.................................................. 500 100 500

[[Page 51808]]

Wheat x Agrotricum.............................................. 500 100 500

Wheatgrass, beardless........................................... 80 25 100

Wheatgrass, fairway crested..................................... 40 25 100

Wheatgrass, standard crested.................................... 50 25 100

Wheatgrass, intermediate........................................ 150 25 100

Wheatgrass, pubescent........................................... 150 25 100

Wheatgrass, Siberian............................................ 50 25 100

Wheatgrass, slender............................................. 70 25 100

Wheatgrass, streambank.......................................... 50 25 100

Wheatgrass, tall................................................ 150 25 100

Wheatgrass, western............................................. 100 25 100

Wildrye, basin.................................................. 80 25 100

Wild-rye, Canada................................................ 110 25 100

Wild-rye, Russian............................................... 60 25 100

Zoysia Japonica (see Japanese lawngrass).

Zoysia matrella (see Manilagrass).

----------------------------------------------------------------------------------------------------------------

(b) Method of sampling. (1) When an importation consists of more

than one lot, each lot shall be sampled separately.

(2) For lots of six or fewer bags, each bag shall be sampled. A

total of at least five trierfuls shall be taken from the lot.

(3) For lots of more than six bags, five bags plus at least 10

percent of the number of bags in the lot shall be sampled. (Round off

numbers with decimals to the nearest whole number, raising 0.5 to the

next whole number.) Regardless of the lot size, it is not necessary to

sample more than 30 bags.

(4) When the lot of seed to be sampled is comprised of seed in

small containers that cannot practically be sampled as described in

paragraph (b)(2) or (b)(3) of this section, entire unopened containers

may be taken in sufficient number to supply a sample that meets the

minimum size requirements of paragraph (a)(1) of this section.

(c) Drawing samples. Samples will not be drawn unless each

container is labeled to show the lot designation and the name of the

kind and variety of each agricultural seed, or kind and variety of each

vegetable seed, appearing on the invoice and other entry papers, and a

declaration has been filed by the importer as required under

Sec. 361.2(a). In order to secure a representative sample, an APHIS

inspector will draw equal portions from evenly distributed parts of the

quantity of seed to be sampled; the APHIS inspector, therefore, must be

given access to all parts of that quantity.

(1) For free-flowing seed in bags or in bulk, a probe or trier

shall be used. For small free-flowing seed in bags, a probe or trier

long enough to sample all portions of the bag shall be used. When

drawing more than one trierful of seed from a bag, a different path

through the seed shall be used when drawing each sample.

(2) For non-free-flowing seed in bags or bulk that may be difficult

to sample with a probe or trier, samples shall be obtained by thrusting

one's hand into the seed and withdrawing representative portions. The

hand shall be inserted in an open position with the fingers held

closely together while the hand is being inserted and the portion

withdrawn. When more than one handful is taken from a bag, the handfuls

shall be taken from well-separated points.

(3) When more than one sample is drawn from a single lot, the

samples may be combined into a composite sample unless it appears that

the quantity of seed represented as a lot is not of uniform quality, in

which case the separate samples shall be forwarded together, but

without being combined into a composite sample.

(d) In most cases, samples will be drawn and examined by an APHIS

inspector at the port of first arrival. The APHIS inspector may release

a shipment if no contaminants are found and the labeling is sufficient.

If contaminants are found or the labeling of the seed is insufficient,

the APHIS inspector may forward the sample to the USDA Seed Examination

Facility (SEF), Beltsville, MD, for analysis, testing, or examination.

APHIS will notify the owner or consignee of the seed that samples have

been drawn and forwarded to the SEF and that the shipment must be held

intact pending a decision by APHIS as to whether the seed is within the

noxious weed seed tolerances of Sec. 361.6 and is accurately labeled.

If the decision pending is with regard to the noxious weed seed content

of the seed and the seed has been determined to be accurately labeled,

the seed may be released for delivery to the owner or consignee under

the following conditions:

(1) The owner or consignee executes with Customs either a Customs

single-entry bond or a Customs term bond, as appropriate, in such

amount as is prescribed by applicable Customs regulations;

(2) The bond must contain a condition for the redelivery of the

seed or any part thereof upon demand of the Port Director of Customs at

any time;

(3) Until the seed is approved for entry upon completion of APHIS'

examination, the seed must be kept intact and not tampered with in any

way, or removed from the containers except under the supervision of an

APHIS inspector; and

(4) The owner or consignee must keep APHIS informed as to the

location of the seed until it is finally entered into the commerce of

the United States.

Sec. 361.6 Noxious weed seeds.

(a) Seeds of the plants listed in paragraphs (a)(1) and (a)(2) of

this

[[Page 51809]]

section shall be considered noxious weed seeds.

(1) Seeds with no tolerances applicable to their introduction:

Aeginetia spp.

Ageratina adenophora (Sprengel) King & Robinson

Alectra spp.

Alternanthera sessilis (L.) R. Brown ex de Candolle

Asphodelus fistulosus L.

Avena sterilis L. (including Avena ludoviciana Durieu)

Azolla pinnata R. Brown

Borreria alata (Aublet) de Candolle

Carthamus oxyacantha M. Bieberstein

Chrysopogon aciculatus (Retzius) Trinius

Commelina benghalensis L.

Crupina vulgaris Cassini

Cuscuta spp.

Digitaria abyssinica (=D. scalarum)

Digitaria velutina (Forsskal) Palisot de Beauvois

Drymaria arenarioides Humboldt & Bonpland ex Roemer & Schultes

Eichhornia azurea (Swartz) Kunth

Emex australis Steinheil

Emex spinosa (L.) Campdera

Galega officinalis L.

Heracleum mantegazzianum Sommier & Levier

Hydrilla verticillata (Linnaeus f.) Royle

Hygrophila polysperma T. Anderson

Imperata brasiliensis Trinius

Imperata cylindrica (L.) Raeuschel

Ipomoea aquatica Forsskal

Ipomoea triloba L.

Ischaemum rugosum Salisbury

Lagarosiphon major (Ridley) Moss

Leptochloa chinensis (L.) Nees

Limnophila sessiliflora (Vahl) Blume

Lycium ferocissimum Miers

Melaleuca quinquenervia (Cav.) Blake

Melastoma malabathricum L.

Mikania cordata (Burman f.) B. L. Robinson

Mikania micrantha Humboldt, Bonpland, & Kunth

Mimosa invisa Martius

Mimosa pigra L. var. pigra

Monochoria hastata (L.) Solms-Laubach

Monochoria vaginalis (Burman f.) C. Presl

Nassella trichotoma (Nees) Hackel ex Arechavaleta

Opuntia aurantiaca Lindley

Orobanche spp.

Oryza longistaminata A. Chevalier & Roehrich

Oryza punctata Kotschy ex Steudel

Oryza rufipogon Griffith

Ottelia alismoides (L.) Pers.

Paspalum scrobiculatum L.

Pennisetum clandestinum Hochstetter ex Chiovenda

Pennisetum macrourum Trinius

Pennisetum pedicellatum Trinius

Pennisetum polystachion (L.) Schultes

Prosopis alapataco R. A. Philippi

Prosopis argentina Burkart

Prosopis articulata S. Watson

Prosopis burkartii Munoz

Prosopis caldenia Burkart

Prosopis calingastana Burkart

Prosopis campestris Grisebach

Prosopis castellanosii Burkart

Prosopis denudans Bentham

Prosopis elata (Burkart) Burkart

Prosopis farcta (Solander ex Russell) Macbride

Prosopis ferox Grisebach

Prosopis fiebrigii Harms

Prosopis hassleri Harms

Prosopis humilis Gillies ex Hooker & Arnott

Prosopis kuntzei Harms

Prosopis pallida (Humboldt & Bonpland ex Willdenow) Humboldt,

Bonpland, & Kunth

Prosopis palmeri S. Watson

Prosopis reptans Bentham var. reptans

Prosopis rojasiana Burkart

Prosopis ruizlealii Burkart

Prosopis ruscifolia Grisebach

Prosopis sericantha Gillies ex Hooker & Arnott

Prosopis strombulifera (Lamarck) Bentham

Prosopis torquata (Cavanilles ex Lagasca y Segura) de Candolle

Rottboellia cochinchinensis (Lour.) Clayon (=R. exaltata (L.) L.

f.)

Rubus fruticosus L. (complex)

Rubus moluccanus L.

Saccharum spontaneum L.

Sagittaria sagittifolia L.

Salsola vermiculata L.

Salvinia auriculata Aublet

Salvinia biloba Raddi

Salvinia herzogii de la Sota

Salvinia molesta D.S. Mitchell

Setaria pallide-fusca (Schumacher) Stapf & Hubbard

Solanum torvum Swartz

Solanum viarum Dunal

Sparganium erectum L.

Striga spp.

Tridax procumbens L.

Urochloa panicoides Beauvois

(2) Seeds with tolerances applicable to their introduction:

Acroptilon repens (L.) DC. (=Centaurea repens L.) (=Centaurea

picris)

Cardaria draba (L.) Desv.

Cardaria pubescens (C. A. Mey.) Jarmol.

Convolvulus arvensis L.

Cirsium arvense (L.) Scop.

Elytrigia repens (L.) Desv. (=Agropyron repens (L.) Beauv.)

Euphorbia esula L.

Sonchus arvensis L.

Sorghum halepense (L.) Pers.

(b) The tolerance applicable to the prohibition of the noxious weed

seeds listed in paragraph (a)(2) of this section shall be two seeds in

the minimum amount required to be examined as shown in column 1 of

table 1 of Sec. 361.5. If fewer than two seeds are found in an initial

examination, the shipment from which the sample was drawn may be

imported. If two seeds are found in an initial examination, a second

sample must be examined. If two or fewer seeds are found in the second

examination, the shipment from which the samples were drawn may be

imported. If three or more seeds are found in the second examination,

the shipment from which the samples were drawn may not be imported. If

three or more seeds are found in an initial examination, the shipment

from which the sample was drawn may not be imported.

(c) Any seed of any noxious weed that can be determined by visual

inspection (including the use of transmitted light or dissection) to be

within one of the following categories shall be considered inert matter

and not counted as a weed seed:

(1) Damaged seed (other than grasses) with over one half of the

embryo missing;

(2) Grass florets and caryopses classed as inert:

(i) Glumes and empty florets of weedy grasses;

(ii) Damaged caryopses, including free caryopses, with over one-

half the root-shoot axis missing (the scutellum excluded);

(iii) Immature free caryopses devoid of embryo or endosperm;

(iv) Free caryopses of quackgrass (Elytrigia repens) that are 2 mm

or less in length; or

(v) Immature florets of quackgrass (Elytrigia repens) in which the

caryopses are less than one-third the length of the palea. The

caryopsis is measured from the base of the rachilla.

(3) Seeds of legumes (Fabaceae) with the seed coats entirely

removed.

(4) Immature seed units, devoid of both embryo and endosperm, such

as occur in (but not limited to) the following plant families:

buckwheat (Polygonaceae), morning glory (Convolvulaceae), nightshade

(Solanaceae), and sunflower (Asteraceae).

(5) Dodder (Cuscuta spp.) seeds devoid of embryos and seeds that

are ashy gray to creamy white in color are inert matter. Dodder seeds

should be sectioned when necessary to determine if an embryo is

present, as when the seeds have a normal color but are slightly

swollen, dimpled, or have minute holes.

[[Page 51810]]

Sec. 361.7 Special provisions for Canadian-origin seed and screenings.

(a) In addition to meeting the declaration and labeling

requirements of Sec. 361.2 and all other applicable provisions of this

part, all Canadian-origin agricultural seed and Canadian-origin

vegetable seed offered for entry into the United States from Canada for

seeding (planting) purposes or cleaning must be accompanied by a

certificate of analysis issued by Agriculture and Agri-Food Canada or

by a private seed laboratory accredited by Agriculture and Agri-Food

Canada. Samples of seed shall be drawn using sampling methods

comparable to those detailed in Sec. 361.5 of this part. The seed

analyst who examines the seed at the laboratory must be accredited to

analyze the kind of seed covered by the certificate.

(1) If the seed is being imported for seeding (planting) purposes,

the certificate of analysis must verify that the seed meets the noxious

weed seed tolerances of Sec. 361.6. Such seed will not be subject to

the sampling requirements of Sec. 361.3(b).

(2) If the seed is being imported for cleaning, the certificate of

analysis must name the kinds of noxious weed seeds that are to be

removed from the lot of seed. Seed being imported for cleaning must be

consigned to a facility operated in accordance with Sec. 361.8(a).

(b) Coated or pelleted agricultural seed and coated or pelleted

vegetable seed of Canadian origin may be imported into the United

States if the seed was analyzed prior to being coated or pelleted and

is accompanied by a certificate of analysis issued in accordance with

paragraph (a) of this section.

(c) Screenings otherwise prohibited under this part may be imported

from Canada if the screenings are imported for processing or

manufacture and are consigned to a facility operating under a

compliance agreement as provided by Sec. 361.8(b).

Sec. 361.8 Cleaning of imported seed and processing of certain

Canadian-origin screenings.

(a) Imported seed that is found to contain noxious weed seeds at a

level higher than the tolerances set forth in Sec. 361.6(b) may be

cleaned under the supervision of an APHIS inspector. The cleaning will

be at the expense of the owner or consignee.

(1) At the location where the seed is being cleaned, the identity

of the seed must be maintained at all times to the satisfaction of the

Administrator. The refuse from the cleaning must be placed in

containers and securely sealed and identified. Upon completion of the

cleaning, a representative sample of the seed will be analyzed by a

registered seed technologist, an official seed analyst, or by APHIS; if

the seed is found to be within the noxious weed tolerances set forth in

Sec. 361.6(b), the seed may be allowed entry into the United States;

(2) The refuse from the cleaning must be destroyed under the

supervision of an APHIS inspector at the expense of the owner or

consignee of the seed.

(3) Any person engaged in the business of cleaning imported seed

may enter into a compliance agreement under paragraph (c) of this

section to facilitate the cleaning of seed imported into the United

States under this part.

(b) Any person engaged in the business of processing screenings who

wishes to process screenings imported from Canada under Sec. 361.7(c)

that are otherwise prohibited under this part must enter into a

compliance agreement under paragraph (c) of this section.

(c) A compliance agreement for the cleaning of imported seed or

processing of otherwise prohibited screenings from Canada shall be a

written agreement 1 between a person engaged in such a business,

the State in which the business operates, and APHIS, wherein the person

agrees to comply with the provisions of this part and any conditions

imposed pursuant thereto. Any compliance agreement may be canceled

orally or in writing by the APHIS inspector who is supervising its

enforcement whenever the inspector finds that the person who entered

into the compliance agreement has failed to comply with the provisions

of this part or any conditions imposed pursuant thereto. If the

cancellation is oral, the decision and the reasons for the decision

shall be confirmed in writing, as promptly as circumstances permit. Any

person whose compliance agreement has been canceled may appeal the

decision to the Administrator, in writing, within 10 days after

receiving written notification of the cancellation. The appeal shall

state all of the facts and reasons upon which the person relies to show

that the compliance agreement was wrongfully canceled. The

Administrator shall grant or deny the appeal, in writing, stating the

reasons for such decision, as promptly as circumstances permit. If

there is a conflict as to any material fact, a hearing shall be held to

resolve such conflict. Rules of practice concerning such a hearing will

be adopted by the Administrator.

---------------------------------------------------------------------------

\1\ Compliance Agreement forms are available without charge

from Permit Unit, PPQ, APHIS, 4700 River Road Unit 136, Riverdale,

MD 20737-1236, and from local offices of the Plant Protection and

Quarantine. (Local offices are listed in telephone directories).

---------------------------------------------------------------------------

Sec. 361.9 Recordkeeping.

(a) Each person importing agricultural seed or vegetable seed under

this part must maintain a complete record, including copies of the

declaration and labeling required under this part and a sample of seed,

for each lot of seed imported. Except for the seed sample, which may be

discarded 1 year after the entire lot represented by the sample has

been disposed of by the person who imported the seed, the records must

be maintained for 3 years following the importation.

(b) Each sample of vegetable seed and each sample of agricultural

seed must be at least equal in weight to the sample size prescribed for

noxious weed seed examination in table 1 of Sec. 361.4.

(c) An APHIS inspector shall, during normal business hours, be

allowed to inspect and copy the records.

Sec. 361.10 Costs and charges.

Unless a user fee is payable under Sec. 354.3 of this chapter, the

services of an APHIS inspector during regularly assigned hours of duty

and at the usual places of duty will be furnished without cost. The

U.S. Department of Agriculture's provisions relating to overtime

charges for an APHIS inspector's services are set forth in part 354 of

this chapter. The U.S. Department of Agriculture will not be

responsible for any costs or charges incident to inspections or

compliance with this part, other than for the services of the APHIS

inspector during regularly assigned hours of duty and at the usual

places of duty. All expenses incurred by the U.S. Department of

Agriculture (including travel, per diem or subsistence, and salaries of

officers or employees of the Department) in connection with the

supervision of cleaning, labeling, other reconditioning, or destruction

of seed, screenings, or refuse under this part shall be reimbursed by

the owner or consignee of the seed or screenings.

Done in Washington, DC, this 30th day of September 1996.

A. Strating,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-25502 Filed 10-3 -96; 8:45 am]

BILLING CODE 3410-34-P