ADMINISTRATION AND ENFORCEMENT OF THE COLORADO SEED ACT

1

DEPARTMENT OF AGRICULTURE

Plant Industry Division

ADMINISTRATION AND ENFORCEMENT OF THE COLORADO SEED ACT

8 CCR 1203-6

[Editor’s Notes follow the text of the rules at the end of this CCR Document.]

_________________________________________________________________________

Part 1. DEFINITION AND CONSTRUCTION OF TERMS.

1.1.

As used in these rules, the singular includes the plural, the masculine gender includes the

feminine and neuter, and vice versa. All terms used in these rules shall have the meaning set

forth for such terms in the Act.

1.2.

As used in these rules, unless the context otherwise requires:

(a)

“Adulterated” refers to

(1)

Any seed whose purity deviates beyond the accepted tolerances from the

professed purity stated on its labeling or under which it is sold; or

(2)

Any seed whose components or their relative proportions differ from those stated

on its labeling; or

(3)

Any substance which has been substituted wholly or in part for a seed; or

(4)

Any seed from which any valuable constituent has been wholly or partly

abstracted; or

(5)

Any seed in which any contaminant is present in an amount which is determined

by the Commissioner to be a hazard.

(b)

“Agricultural seed” means: the seed of grass, forage, cereal, and fiber crops; and other

kinds of seeds commonly recognized within this state as agricultural, field, or turf seeds;

and mixtures of such seeds.

(c)

“Engaged in the business of conditioning seed” means: conditioning seed in Colorado in

return for money or anything of value, including goods or services.

(d)

“Engaged in the business of labeling seed” means: labeling seed for sale in Colorado in

return for money or anything of value, including goods or services.

hin this state as agricultural, field, or turf seeds;

and mixtures of such seeds.

(c)

“Engaged in the business of conditioning seed” means: conditioning seed in Colorado in

return for money or anything of value, including goods or services.

(d)

“Engaged in the business of labeling seed” means: labeling seed for sale in Colorado in

return for money or anything of value, including goods or services.

(e)

The term “farmer seed labeler” is limited to those persons who label only the seed

produced for sale in Colorado on property in Colorado owned or rented by such person or

such person's employer. Any person who labels, in addition to seed produced for sale in

Colorado on property in Colorado owned or rented by such person or such person's

employer, other seed is a “seed labeler”.

Code of Colorado Regulations

Secretary of State

State of Colorado

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(f)

“Hybrid seed” means: the first generation seed of a cross produced by controlling the

pollination and by combining (1) two or more inbred lines; (2) one inbred or a single cross

with an open-pollinated variety; or (3) two varieties or species, except open-pollinated

varieties of corn (Zea mays). The second generation and subsequent generations from

such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as

variety names.

(g)

The term “misbranded” shall apply:

(1)

To any seed if it’s labeling bears any statement, design, or graphic

representation relative thereto or to its ingredients which is false or misleading in

any particular;

varieties of corn (Zea mays). The second generation and subsequent generations from

such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as

variety names.

(g)

The term “misbranded” shall apply:

(1)

To any seed if it’s labeling bears any statement, design, or graphic

representation relative thereto or to its ingredients which is false or misleading in

any particular;

(2)

To any seed:

(I)

If it is an imitation of or is offered for sale under the name of another

seed;

(II)

If any word, statement, or other information required by this article or

rules adopted under this article to appear on the labeling is not

prominently placed thereon with such conspicuousness, as compared

with other words, statements, designs, or graphic matter in the labeling,

and in such terms as to render it likely to be read and understood by the

ordinary individual under customary conditions of purchase and use;

(h)

“Mixture” means: seed consisting of more than one kind, each in excess of five percent

by weight of the whole.

(i)

“Produces seed for sale” means: producing seed for exchange in Colorado for money or

anything of value, including goods or services.

(j)

“Tetrazolium Test (TZ)”: a biochemical seed viability test using the compound 2,3,5

triphenyl tetrazolium chloride (TTC), as specified in Part II, Tetrazolium Testing

Handbook, Contribution Number 29, to the handbook on Seed Testing, prepared by the

Tetrazolium Subcommittee of the Association of Official Seed Analysts, (October 2010 ) .

(As to incorporation of materials see Part 14.)

Part 2. THE REGISTRATION SYSTEM.

2.1

: a biochemical seed viability test using the compound 2,3,5

triphenyl tetrazolium chloride (TTC), as specified in Part II, Tetrazolium Testing

Handbook, Contribution Number 29, to the handbook on Seed Testing, prepared by the

Tetrazolium Subcommittee of the Association of Official Seed Analysts, (October 2010 ) .

(As to incorporation of materials see Part 14.)

Part 2. THE REGISTRATION SYSTEM.

2.1.

Each applicant for a registration shall submit a signed, complete, accurate, and legible

application, on a form provided by the Commissioner, which shall include, at a minimum: the

name and address of the business, the name under which the business will operate (the doing

business as name), the name of the person who is the primary contact, the address and

telephone number of the location where the records are to be kept, and any other information

required on the form.

2.2.

In addition to the form approved by the Commissioner, each applicant for a registration or

applicant for renewal of a registration, shall submit the registration fee set by the Commissioner. If

the registration fee does not accompany the application, the application for registration or renewal

of a registration may be denied.

2.3

Repealed.

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2.4.

Each applicant shall submit to the Commissioner the name under which the business will operate.

If the registrant operates under more than one name, each such name shall be listed with the

Commissioner.

2.5.

The annual registration fee for seed labelers shall be $519.00.

2.6.

The annual registration fee for custom seed conditioners shall be $519.00.

2.7.

The annual registration fee for farmer seed labelers shall be $130.00.

2.8.

The annual registration fee for retail seed dealers shall be $130.00.

2.9.

The annual registration fee for a second business location for seed labelers and custom seed

conditioners shall be $75.00.

2.9.1.

The annual registration fee for a second business location for farmer seed labelers shall

be $43.00.

2.9.2

519.00.

2.7.

The annual registration fee for farmer seed labelers shall be $130.00.

2.8.

The annual registration fee for retail seed dealers shall be $130.00.

2.9.

The annual registration fee for a second business location for seed labelers and custom seed

conditioners shall be $75.00.

2.9.1.

The annual registration fee for a second business location for farmer seed labelers shall

be $43.00.

2.9.2.

The annual registration fee for a second business location for retail seed dealers shall be

$43.00.

2.10.

Each applicant for renewal of a registration shall annually submit a signed, complete, accurate,

and legible application on a form provided by the Commissioner, which shall include, at a

minimum: the name and address of the business, the name of the person who is the primary

contact, the address and telephone number of the location where the records are to be kept, and

any other information required on the form.

2.11.

A registrant who conducts business at two or more business locations shall obtain a registration

for each location at which it employs one or more permanent employees engaged in the business

for which the registrant is registered. For purposes of this paragraph, “business locations” means

any physical location at or through which the functional operations of business regularly occur,

including, but not limited to, financial transactions, arrangement of contracts, or assignment of

work, and excluding buildings or locations used solely for storage of equipment or supplies or

telephone answering services.

Part 3. LABEL REQUIREMENTS FOR AGRICULTURAL, VEGETABLE, AND FLOWER SEEDS

” means

any physical location at or through which the functional operations of business regularly occur,

including, but not limited to, financial transactions, arrangement of contracts, or assignment of

work, and excluding buildings or locations used solely for storage of equipment or supplies or

telephone answering services.

Part 3. LABEL REQUIREMENTS FOR AGRICULTURAL, VEGETABLE, AND FLOWER SEEDS.

Each container of agricultural, vegetable, and flower seeds which is sold, offered for sale, or exposed for

sale, or transported within this State for sowing purposes shall bear thereon or have attached thereto in a

conspicuous place a plainly written or printed label or tag in the English language, giving the following

information, which statement shall not be modified or denied in the labeling or on another label attached

to the container:

3.1.

For all seeds, if a tetrazolium test is used in place of a germination test, the following statement

shall appear on the label, “This lot of seed was tested for viability using a tetrazolium test (TZ) in

place of a germination test.”

3.2.

For all treated agricultural, vegetable, and flower seeds (for which a separate label may be used):

(a)

A word or statement indicating that the seed has been treated.

(b)

The commonly accepted coined, chemical or abbreviated chemical (generic) name of the

applied substance or description of the process used.

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(c)

If the substance in the amount present with the seed is harmful to human or other

vertebrate animals, a caution statement such as “Do not use for food, feed, or oil

purposes”. The caution for mercurials and similarly toxic substances shall be a poison

statement or symbol.

applied substance or description of the process used.

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(c)

If the substance in the amount present with the seed is harmful to human or other

vertebrate animals, a caution statement such as “Do not use for food, feed, or oil

purposes”. The caution for mercurials and similarly toxic substances shall be a poison

statement or symbol.

(d)

If the seed is treated with an inoculant, the date beyond which the inoculant is not to be

considered effective (date of expiration).

3.3.

For agricultural seeds, except for agricultural seed mixtures as provided in Part 3.4; and for

hybrids which contain less than 95% hybrid seed as provided in Part 3.10:

(a)

The name of the kind or kind and variety for each agricultural seed component present in

excess of 5 percent of the whole and the percentage of weight of each. If the variety of

those kinds generally labeled as to variety is not stated, the label shall show the name of

the kind and the words, “Variety Not Stated” or “VNS” . Hybrids shall be labeled as

hybrids.

(b)

Lot number or other lot identification.

(c)

Origin (state or foreign country), if known, except of hybrid corn. If the origin is unknown,

the fact shall be stated.

(d)

Percentage by weight of all weed seeds.

(e)

The name and rate of occurrence per pound of each kind of restricted noxious weed seed

present.

(f)

Percentage by weight of agricultural seeds (which may be designated as “crop seeds” )

other than those required to be named on the label.

(g)

Percentage by weight of inert matter.

(h)

For each named agricultural seed:

(1)

Percentage of germination, exclusive of hard or dormant seed,

(2)

Percentage of hard or dormant seeds, if present,

(3)

The calendar month and year the test was completed to determine such

percentages.

(Following (1) and (2) above, the “total germination and hard or dormant seed” may be

stated as such, if desired.)

(g)

Percentage by weight of inert matter.

(h)

For each named agricultural seed:

(1)

Percentage of germination, exclusive of hard or dormant seed,

(2)

Percentage of hard or dormant seeds, if present,

(3)

The calendar month and year the test was completed to determine such

percentages.

(Following (1) and (2) above, the “total germination and hard or dormant seed” may be

stated as such, if desired.)

(i)

Name and address of the person who labeled said seed, or who sells, offers or exposes

said seed for sale within this State.

3.4.

For seed mixtures of agricultural seeds.

(a)

The word “mixed” or “mixture” shall be stated with the name of the mixture.

(b)

The heading “Pure Seed” and “Germination” or “Germ” shall be used in the proper

places.

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(c)

Commonly accepted name of kind or kind and variety of each agricultural seed

component in excess of five percent of the whole, and the percentage by weight of each

in order of its predominance and in columnar form. If the variety of those kinds generally

labeled as to variety is not stated, the label shall show the name of the kind and the

words “Variety Not Stated” or “VNS”.

(d)

Percentage by weight of agricultural seed other then those required to be named on the

label (which shall be designated as “crop seed”).

(e)

Percentage by weight of inert matter. Except for coating material, fertilizer and mulch, as

provided by Parts 3.5 and 3.11, foreign material not common to agricultural seed shall not

be added to inert matter.

(f)

Percentage by weight of all weed seeds.

(g)

The name and rate of occurrence per pound of each kind of restricted noxious weed seed

present.

(h)

For each agricultural seed named under (c) above:

(1)

Percentage of germination, exclusive of hard or dormant seed;

(2)

Percentage of hard or dormant seed, if present;

(3)

Calendar month and year the test was completed to determine such

percentages. Oldest test date shall be used.

ll weed seeds.

(g)

The name and rate of occurrence per pound of each kind of restricted noxious weed seed

present.

(h)

For each agricultural seed named under (c) above:

(1)

Percentage of germination, exclusive of hard or dormant seed;

(2)

Percentage of hard or dormant seed, if present;

(3)

Calendar month and year the test was completed to determine such

percentages. Oldest test date shall be used.

(i)

Name and address of the person who labeled said seed, or who sells, offers or exposes

said seed for sale within the State.

(j)

Lot number or other lot identification.

(k)

Origin (state or foreign country), if known, of each agricultural seed component. If the

origin is unknown, the fact shall be stated.

3.5.

For agricultural seeds that are coated:

(a)

Percentage by weight of pure seeds with coating material removed.

(b)

Percentage by weight of coating material.

(c)

Percentage by weight of inert material exclusive of coating material.

(d)

Percentage of germination is to be determined on 400 pellets with or without seeds.

(e)

In addition to the provisions of this section, labeling of coated seed shall comply with the

requirements of Parts 3.2, 3.3, and 3.4.

3.6.

For vegetable seeds in packets as prepared for use in home gardens or household plantings or

vegetable seeds in preplanted containers, mats, tapes, or other planting devices:

(a)

Name of kind and variety of seed.

(b)

Lot identification, such as by lot number or other means.

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(c)

The year for which the seed was packed for sale as “Packed for __________________“

or the percentage germination and the calendar month and year the test was completed

to determine such percentage.

(d)

Name and address of the person who labeled said seed or who sells, offers, or exposes

said seed for sale within this State.

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(c)

The year for which the seed was packed for sale as “Packed for __________________“

or the percentage germination and the calendar month and year the test was completed

to determine such percentage.

(d)

Name and address of the person who labeled said seed or who sells, offers, or exposes

said seed for sale within this State.

(e)

For seeds which germinate less than the standard established by Part 8 of these rules:

(1)

Percentage of germination, exclusive of hard or dormant seed;

(2)

Percentage of hard or dormant seed, if present,

(3)

The words “Below Standard” in not less than 8-point type.

(f)

For seeds placed in a germination medium, mat, tape, or other device in such a way as to

make it difficult to determine the quantity of seed without removing the seeds from the

medium, mat, tape or device, a statement to indicate the minimum number of seeds in

the container.

3.7.

For vegetable seeds in containers other than those prepared for use in home gardens or

household plantings and other than preplanted containers, mats, tapes, or other planting devices:

(a)

The name of each kind and variety present in excess of 5 percent and the percentage by

weight of each in order of its predominance.

(b)

Lot number or other lot identification.

(c)

For each named vegetable seed:

(1)

Percentage germination exclusive of hard or dormant seed;

(2)

Percentage of hard or dormant seed, if present,

(3)

The calendar month and year the test was completed to determine such

percentages.

(Following (1) and (2) the “total germination and hard or dormant seed” may be stated as

such, if desired.)

(d)

Name and address of the person who labeled said seed, or who sells, offers or exposes

said seed for sale within this State.

e of hard or dormant seed;

(2)

Percentage of hard or dormant seed, if present,

(3)

The calendar month and year the test was completed to determine such

percentages.

(Following (1) and (2) the “total germination and hard or dormant seed” may be stated as

such, if desired.)

(d)

Name and address of the person who labeled said seed, or who sells, offers or exposes

said seed for sale within this State.

(e)

The labeling requirements for vegetable seeds in containers of more than one pound

shall be deemed to have been met if the seed is weighed from a properly labeled

container in the presence of the purchaser.

3.8.

For flower seeds in containers prepared for use in home gardens or household plantings or flower

seeds in preplanted containers, mats, tapes, or other planting devices:

(a)

For all kinds of flower seeds:

(1)

The name of the kind and variety or a statement of type and performance

characteristics as required by Part 4 of these rules;

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(2)

The calendar month and year the seed was tested or the year for which the seed

was packaged; and

(3)

The name and address of the person who labeled said seed, or who sells, offers,

or exposes said seed for sale within this State.

(b)

For seeds of those kinds for which standard testing procedures are prescribed and which

germinate less than the germination standard last established under the provisions of

these rules:

(1)

Percentage of germination exclusive of hard or dormant seeds, and

(2)

The words “Below Standard” in not less than 8-point type.

seed, or who sells, offers,

or exposes said seed for sale within this State.

(b)

For seeds of those kinds for which standard testing procedures are prescribed and which

germinate less than the germination standard last established under the provisions of

these rules:

(1)

Percentage of germination exclusive of hard or dormant seeds, and

(2)

The words “Below Standard” in not less than 8-point type.

(c)

For seeds placed in a germination medium, mat, tape, or other device in such a way as to

make it difficult to determine the quantity of seed without removing the seeds from the

medium, mat, tape, or device, a statement to indicate the minimum number of seeds in

the container.

3.9.

For flower seeds in containers other than those prepared for use in home flower gardens or

household plantings and other than preplanted containers, mats, tapes, or other planting devices:

(a)

The name of the kind and variety or a statement of type and performance characteristics

as required by Part 4 of these rules.

(b)

The lot number or other lot identification;

(c)

The calendar month and year that the seed was tested;

(d)

The name and address of the person who labeled said seed or who sells, offers, or

exposes said seed for sale within this State, and

(e)

For those kinds of seed for which standard testing procedures are prescribed:

(1)

Percentage germination exclusive of hard or dormant seed, and,

(2)

Percentage of hard or dormant seed, if present,

3.10.

For agricultural and vegetable hybrid seed which contain less than 95% hybrid seed:

(a)

Kind or variety must be labeled as “hybrid”.

(b)

The percent or range of percent which is hybrid shall be labeled parenthetically in direct

association following named variety; i.e. - Comet (85% Hybrid or 75% - 85%).

(c)

Varieties in which the pure seed contain less than 75% hybrid seed shall not be labeled

hybrids.

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3.11.

For combination mulch, seed and fertilizer products:

b)

The percent or range of percent which is hybrid shall be labeled parenthetically in direct

association following named variety; i.e. - Comet (85% Hybrid or 75% - 85%).

(c)

Varieties in which the pure seed contain less than 75% hybrid seed shall not be labeled

hybrids.

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3.11.

For combination mulch, seed and fertilizer products:

(a)

The word “combination” followed by the words “mulch - seed - fertilizer (if appropriate)”

must appear on the upper 30% of the principal display panel. The word “combination”

must be the largest and most conspicuous type on the container, equal to or larger than

the product name. The words “mulch seed - fertilizer” shall be no smaller than one-half

the size of the word “combination” and in close proximity to the word combination. These

products shall contain a minimum of 70% mulch. The word “mulch” as used herein shall

mean “a protective covering of any suitable substance placed with seed which acts to

retain sufficient moisture to support seed germination and sustain early seedling growth

and aid in the prevention of the evaporation of soil moisture, the control of weeds and the

prevention of erosion.”

(b)

Agricultural, lawn and turf seeds placed in a germination medium, mat, tape or other

device or mixed with mulch shall be labeled as follows:

(1)

Product name.

(2)

Lot number.

(3)

Percentage by weight of pure seed of each kind and variety named which may

be less than 5% of the whole.

(4)

Percentage by weight of other crop seeds.

(5)

Percentage by weight of inert matter which shall not be less than 70%.

(6)

Percentage by weight of weed seeds.

(7)

Name and number of noxious weed seeds per pound, if present.

(8)

Percentage of germination (and hard or dormant seed if appropriate) of each kind

or kind and variety named and date of test.

(9)

Name and address of labeler.

f the whole.

(4)

Percentage by weight of other crop seeds.

(5)

Percentage by weight of inert matter which shall not be less than 70%.

(6)

Percentage by weight of weed seeds.

(7)

Name and number of noxious weed seeds per pound, if present.

(8)

Percentage of germination (and hard or dormant seed if appropriate) of each kind

or kind and variety named and date of test.

(9)

Name and address of labeler.

(10)

Origin (state or foreign country), if known, of each agricultural seed component. If

the origin is unknown, the fact shall be stated.

Part 4. LABELING KIND AND VARIETY OR TYPE AND PERFORMANCE CHARACTERISTICS OF

FLOWER SEED.

4.1.

Flower seeds shall be labeled with the name of the kind and variety or a statement of type and

performance characteristics. This requirement shall be met as follows:

(a)

For seeds of plants grown primarily for their blooms or ornamental value:

(1)

If the seeds are of a single named variety, the kind and variety shall be entered,

for example – “Marigold, Butterball”.

(2)

If the seeds are of a single type and color for which there is no specific variety

name, the type of plant (if significant), and the type and color of bloom shall be

indicated, for example, – “Scabiosa, Tall, large Flowered, Double, Pink”.

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(3)

If the seeds consist of an assortment or mixture of colors or varieties of a single

kind, the kind name, the type of plant (if significant), and the type or types of

bloom shall be indicated. In addition, it shall be clearly indicated that the seed is

mixed or assorted. An example of labeling such a mixture or assortment is -

“Marigold, Dwarf Double French, Mixed Colors”.

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(3)

If the seeds consist of an assortment or mixture of colors or varieties of a single

kind, the kind name, the type of plant (if significant), and the type or types of

bloom shall be indicated. In addition, it shall be clearly indicated that the seed is

mixed or assorted. An example of labeling such a mixture or assortment is -

“Marigold, Dwarf Double French, Mixed Colors”.

(4)

If the seeds consist of an assortment or mixture of kinds or kinds and varieties, it

shall be clearly indicated that the seed is assorted or mixed and the specific use

of the assortment or mixture shall be indicated, for example - “Cut Flower

Mixture”, or “Rock Garden Mixture”. Such statements as “Wild Flower Mixture”,

“General Purpose Mixture”, “Wonder Mixture”, or any other statement which fails

to indicate the specific use of the seed shall not be considered as meeting the

requirements of this provision unless the specific use of the mixture is also

stated. The kind or kind and variety names in excess of 5.0% shall be listed in

the order of their predominance giving the percentage by weight of each.

Components of less than 5.0% shall be listed but need not be in order of

predominance. A single percentage by weight shall be given for these

components.

(b)

For seeds of plants grown for ornamental purposes other than their blooms, the kind and

variety shall be stated, or the kind shall be stated together with a descriptive statement

concerning the ornamental part of the plant, for example - “Ornamental Gourds, Small

Fruited, Mixed”.

Part 5. KINDS OF FLOWER SEEDS SUBJECT TO GERMINATION LABELING REQUIREMENTS

AND GERMINATION STANDARDS FOR FLOWER SEEDS.

5.1.

The kinds of flowers seeds listed below are those for which standard testing procedures have

been prescribed (except those kinds preceded by an asterisk) and which are required to be

labeled in accordance with the germination labeling provisions of these rules. The percentage

listed opposite each kind is the germination standard for that kind

EMENTS

AND GERMINATION STANDARDS FOR FLOWER SEEDS.

5.1.

The kinds of flowers seeds listed below are those for which standard testing procedures have

been prescribed (except those kinds preceded by an asterisk) and which are required to be

labeled in accordance with the germination labeling provisions of these rules. The percentage

listed opposite each kind is the germination standard for that kind. The percentage germination is

the total of percentage germination and percentage hard or dormant seed.

Kind

%

Achillea (yarrow) - Achillea spp.

50

African Daisy (cape-marigold) - Castalis tragus (syn. Dimorphotheca aurantiaca, D. sinuata)

55

African Violet - Saintpaulia spp.

30

Ageratum - Ageratum houstonianum

60

Agrostemma (rose campion) - Lychnis coronaria

65

Alyssum - Alyssum spp., Lobularia maritima

60

Amaranth - Amaranthus spp.

65

Anagallis (pimpernel) - Anagallis arvensis, A. coerulia, A. grandiflora

60

Anemone - Pulsatilla vulgaris

55

Angel's Trumpet - Burgmansia arborea

60

Arabis (Rockcress) - Arabis alpina

60

Arctotis (African-lilac daisy) - Arctotis stoechadifolia var. grandis

45

Armeria - Armeria spp.

55

Asparagus, Fern - Asparagus setaceus

50

Asparagus, Sprenger - Asparagus densiflorus cv. Sprengeri

55

Aster, China - Callistephus chinensis; except Pompon, Powderpuff and Princess types

55

Aster, China - Callistephus chinensis; Pompon, Powderpuff and Princess types

50

Aubrieta (purple rock cress) - Aubrieta deltoidea

45

*Baby Smilax - Asparagus asparagoides

25

Balsam - Impatiens balsamina

70

Begonia (fibrous rooted) - Begonia spp.

60

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ter, China - Callistephus chinensis; except Pompon, Powderpuff and Princess types

55

Aster, China - Callistephus chinensis; Pompon, Powderpuff and Princess types

50

Aubrieta (purple rock cress) - Aubrieta deltoidea

45

*Baby Smilax - Asparagus asparagoides

25

Balsam - Impatiens balsamina

70

Begonia (fibrous rooted) - Begonia spp.

60

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10

Kind

%

Begonia (tuberous rooted) - Begonia spp.

50

Bells-of-Ireland - Molucella laevis

60

Black-eyed-Susan - Rudbeckia hirta

60

Brachycome (swan river daisy) - Brachycome iberidifolia

60

Browallia - Browallia elata and B. speciosa

65

Bupthalmum (willowleaf oxeye) - Bupthalmum salicifolium

60

Calceolaria - Calceolaria spp.

60

Calendula - Calendula officinalis

65

California-poppy - Eschscholzia californica

60

Campanula:

Canterbury Bells - Campanula medium

60

Cup and Saucer Bellflower - Campanula medium cv. Calycanthema

60

Carpathian Bellflower - Campanula carpatica

50

Peach Bellflower - Campanula persicifolia

50

Candytuft, Annual - Iberis amara, I. umbellata

65

Candytuft, Perennial - Iberis gibraltarica, I. sempervirens

55

Castorbean - Ricinus communis

60

Cathedral Bells - Cobaea scandens

65

Celosia - Celosia argentea

65

Centaurea:

Basket Flower - Centaurea americana

60

Cornflower (bachelor's button) - Centaurea cyanus

60

Dusty-miller - Centaurea cineraria

60

Royal Centaurea - Centaurea imperialis

60

Sweet Sultan - Amberboa moschata

60

umbellata

65

Candytuft, Perennial - Iberis gibraltarica, I. sempervirens

55

Castorbean - Ricinus communis

60

Cathedral Bells - Cobaea scandens

65

Celosia - Celosia argentea

65

Centaurea:

Basket Flower - Centaurea americana

60

Cornflower (bachelor's button) - Centaurea cyanus

60

Dusty-miller - Centaurea cineraria

60

Royal Centaurea - Centaurea imperialis

60

Sweet Sultan - Amberboa moschata

60

Velvet Centaurea - Centaurea gymnocarpa

60

Cerastium (Snow-in-summer) - Cerastium tomentosum

65

*Chickweed, Tarus - Cerastium biebersteinii

65

Chinese Forget-me-not - Cynoglossum amabile

55

Chrysanthemum, Annual (not: painted daisy) - Chrysanthemum carinatum

40

Chrysanthemum, Garland - Chrysanthemum coronarium

40

Cineraria - Senecio cruentus

60

Clarkia - Clarkia unguiculata

65

Cleome - Cleome hassleriana

65

Coleus - Coleus blumei

65

Columbine - Aquilegia spp.

50

Coneflower, Purple - Echinacea purpurea

60

Coral Bells - Heuchera sanguinea

55

Coreopsis, Lance-leaved (tickseed) - Coreopsis lanceolata

40

Coreopsis, Plains (calliopsis) - Coreopsis tinctoria (syn. C. bicolor)

65

Corn, Ornamental - Zea mays subsp. mays

75

Cosmos:

Sensation, Mammoth and Crested types - Cosmos bipinnatus

65

Klondyke type - Cosmos sulphureus

65

Crossandra - Crossandra infundibuliformis

50

Dahlia - Dahlia spp.

55

*Daylily - Hemerocallis spp.

45

Delphinium, Perennial:

Cardinal Larkspur - Delphinum cardinale

55

Chinensis types, Belladonna types and hybrids - D. elatum

55

Dianthus:

Carnation - Dianthus caryophyllus

60

CODE OF COLORADO REGULATIONS

8 CCR 1203-6

Plant Industry Division

11

Kind

%

China Pinks - Dianthus chinensis

70

Grass Pinks - Dianthus plumarius

60

Maiden Pinks - Dianthus deltoides

60

Sweet William - Dianthus barbatus

70

Sweet Wivelsfield - Dianthus X allwoodi

60

Didiscus (blue lace flower) - Trachymene coerulea

65

Doronicum (leopard's bane) - Doronicum orientale

60

Dracaena - Cordyline australis

55

*Dragon Tree - Dracaena draco

40

English Daisy - Bellis perennis

55

Flax:

Flowering Flax - Linum grandiflorum

60

nks - Dianthus plumarius

60

Maiden Pinks - Dianthus deltoides

60

Sweet William - Dianthus barbatus

70

Sweet Wivelsfield - Dianthus X allwoodi

60

Didiscus (blue lace flower) - Trachymene coerulea

65

Doronicum (leopard's bane) - Doronicum orientale

60

Dracaena - Cordyline australis

55

*Dragon Tree - Dracaena draco

40

English Daisy - Bellis perennis

55

Flax:

Flowering Flax - Linum grandiflorum

60

Golden Flax - Linum flavum

60

Scarlet flax - Linum grandiflorum cv. Rubrum

60

Lewis flax (blue flax) - Linum lewisii

60

Perennial Flax (blue flax) - Linum perenne

60

*Flowering Maple - Abutilon spp.

35

Foxglove - Digitalis spp

60

Gaillardia: (indian blanketflower, blanketflower, firewheel)

Gaillardia, Annual - Gaillardia pulchella

45

Gaillardia, Perennial - Gaillardia aristata

45

Gerbera (transvaal daisy) - Gerbera jamesonii

60

Geum - Geum spp.

55

Gilia - Gilia spp.

65

Gloxinia - Sinningia speciosa

40

Godetia - Clarkia concinna

65

Gourds:

Yellow flowered - Cucurbita pepo

70

White flowered - Lagenaria siceraria

70

Dishcloth Gourd (luffa sponge) - Luffa aegyptiaca

70

Gypsophila:

Annual Baby's-Breath - Gypsophila elegans

70

Perennial Baby's-Breath - Gypsophila paniculata, G. pacifica, G. repens

70

Helenium - Helenium autumnale

40

Helichrysum - Helichrysum bracteatum

60

Heliopsis - Heliopsis helianthoides

55

Heliotrope - Heliotropium spp.

35

Helipterum (Acroclinium) - Helipterum roseum

60

Hesperis (sweet rocket, dame's rocket) - Hesperis matronalis

65

Hollyhock - Alcea rosea

65

Hunnemania (mexican tulip poppy) - Hunnemania fumariifolia

60

Hyacinth Bean - Lablab purpureus

70

Impatiens - Impatiens hostii, I. sultani

55

Ipomea:

Cypress Vine - Ipomea quamoclit

75

Moonflower - Ipomea alba

75

Morning Glories, Cardinal Climber, Hearts and Honey Vine - Ipomea spp

75

Jerusulem Cross (maltese cross) - Lychnis chalcedonica

70

Job's Tears - Coix lacryma-jobi

70

Larkspur, Annual - Consolida ajacis (syn. Delphinium ajacis, D. ambiguum)

60

Lantana - Lantana camara

35

Lilium (regal lily) - Lilium regale

50

i, I. sultani

55

Ipomea:

Cypress Vine - Ipomea quamoclit

75

Moonflower - Ipomea alba

75

Morning Glories, Cardinal Climber, Hearts and Honey Vine - Ipomea spp

75

Jerusulem Cross (maltese cross) - Lychnis chalcedonica

70

Job's Tears - Coix lacryma-jobi

70

Larkspur, Annual - Consolida ajacis (syn. Delphinium ajacis, D. ambiguum)

60

Lantana - Lantana camara

35

Lilium (regal lily) - Lilium regale

50

CODE OF COLORADO REGULATIONS

8 CCR 1203-6

Plant Industry Division

12

Kind

%

Linaria - Linaria spp.

65

Lobelia, Annual - Lobelia erinus

65

Lunaria, Annual - Lunaria annua

65

Lupine - Lupinus spp.

65

Marigold - Tagetes spp

65

Marvel of Peru (four-o'clock) - Mirabilis jalapa

60

Matricaria (feverfew) - Tanacetum parthenium

60

Mignonette - Reseda odorata

55

Myosotis (forget-me-not) - Myosotis alpestris, M. sylvatica, M. scorpioides

50

Nasturtium - Tropaeolum spp.

60

Nemesia - Nemesia spp.

65

Nemophila (baby-blue-eyes) - Nemophila menziesii

70

Nemophila, Spotted (five-spot) - Nemophila maculata

60

Nicotiana - Nicotiana alata, N. X sanderae, N. sylvestris

65

Nierembergia - Nierembergia spp.

55

Nigella (love-in-a-mist) - Nigella damascena

55

Painted Daisy - Chrysanthemum coccineum

60

Pansy - Viola tricolor

60

Penstemon - Penstemon barbatus, P. grandiflorus, P. laevigatus, P. hirsutus

60

Petunia - Petunia spp.

45

Phacelia - Phacelia campanularia, P. minor, P. tanacetifolia

65

Phlox, Annual - Phlox drummondii all types and varieties

55

Physalis (husk tomato, Chinese lanternplant) - Physalis spp.

60

Platycodon (balloon flower) - Platycodon grandiflorus

60

Plumbago, Cape - Plumbago auriculata

50

*Ponytail - Beaucarnea recurvata

40

Poppy:

Shirley Poppy (corn poppy) - Papaver rhoeas

60

Iceland Poppy - Papaver nudicaule

60

Oriental Poppy - Papaver orientale

60

Tulip Poppy - Papaver glaucum

60

Portulaca (rose moss) - Portulaca grandiflora

55

Primula (primrose) - Primula spp.

50

Pyrethrum (painted daisy) - Chrysanthemum coccineum

60

Salpiglossis - Salpiglossis sinuata

60

Salvia:

Scarlet Sage - Salvia splendens

50

curvata

40

Poppy:

Shirley Poppy (corn poppy) - Papaver rhoeas

60

Iceland Poppy - Papaver nudicaule

60

Oriental Poppy - Papaver orientale

60

Tulip Poppy - Papaver glaucum

60

Portulaca (rose moss) - Portulaca grandiflora

55

Primula (primrose) - Primula spp.

50

Pyrethrum (painted daisy) - Chrysanthemum coccineum

60

Salpiglossis - Salpiglossis sinuata

60

Salvia:

Scarlet Sage - Salvia splendens

50

Mealycup Sage (blue bedder) - Salvia farinacea

50

Saponaria - Saponaria ocymoides, Vaccaria hispanica

60

Scabiosa: (pincushion flowers)

Scabiosa, Annual (mourning-bride) - Scabiosa atropurpurea

50

Scabiosa, Perennial - Scabiosa caucasica

40

Schizanthus (butterfly flower) - Schizanthus spp

60

Sensitive Plant (mimosa) - Mimosa pudica

65

Shasta Daisy - Leucanthemum X superbum, L. vulgare

65

Silk Oak - Grevillea robusta

25

Snapgragon - Antirrhinum spp.

55

Solanum - Solanum spp.

60

Statice - Limonium sinuatum, Psylliostachys suworonii

50

Stocks:

Common - Matthiola incana

65

Evening Scented - Matthiola logipetala subsp. bicornis

65

CODE OF COLORADO REGULATIONS

8 CCR 1203-6

Plant Industry Division

13

Kind

%

Summer Cypress - Kochia scoparia cv.Trichophylla

55

Sunflower - Helianthus spp

70

Sunrose - Helianthemum spp

30

Sweet Pea:

Annual (other than dwarf bush) - Lathyrus odoratus

75

Annual (dwarf bush) - Lathyrus odoratus

65

Perennial - Lathyrus latifolius

75

Tahoka Daisy - Machaeranthera tanacetifolia

60

Thunbergia (black-eyed Susan vine) - Thunbergia alata

60

Torch Flower (Mexican sunflower) - Tithonia rotundifolia

70

Torenia (wishbone flower) - Torenia fournieri

70

Tritoma (red-hot-poker, poker plant) - Kniphofia spp.

65

Verbena, Annual - Verbena X hybrida

35

Vinca - Catharanthus roseus

60

Viola (Johnny-jump-up) - Viola cornuta

55

Virginian Stocks - Malcolmia maritima

65

Wallflower - Cheiranthus cheiri

65

Yucca (Adam's needle)

50

Zinnia:

Zinnia (except Creeping) - Zinnia augustifolia, Z. violacea, Z. grandiflora, Z. haageana, Z.

peruviana, Z. acerosa

65

70

Tritoma (red-hot-poker, poker plant) - Kniphofia spp.

65

Verbena, Annual - Verbena X hybrida

35

Vinca - Catharanthus roseus

60

Viola (Johnny-jump-up) - Viola cornuta

55

Virginian Stocks - Malcolmia maritima

65

Wallflower - Cheiranthus cheiri

65

Yucca (Adam's needle)

50

Zinnia:

Zinnia (except Creeping) - Zinnia augustifolia, Z. violacea, Z. grandiflora, Z. haageana, Z.

peruviana, Z. acerosa

65

Zinnia, Creeping - Sanvitalia procumbens

50

All other kinds

50

5.2.

A mixture of kinds of flower seeds will be considered to be below standard if the germination of

any kind or combination of kinds constituting 25 percent or more of the mixture by number is

below standard for the kind or kinds involved.

Part 6. LABEL REQUIREMENTS FOR TREE AND SHRUB SEEDS.

Each container of tree and shrub seed which is sold, offered for sale, or exposed for sale, or transported

within this State for sowing purposes shall bear thereon or have attached thereto in a conspicuous place

a plainly written or printed label or tag in the English language, giving the following information, which

statement shall not be modified or denied in the labeling or on another label attached to the container —

except that labeling of seed supplied under a contractual agreement may be by invoice accompanying the

shipment or by analysis tag attached to said invoice if each bag or other container is clearly identified by a

lot number stenciled on the container or if the seed is in bulk. Each bag or container that is not so

identified must carry complete labeling.

6.1.

For all tree and shrub seeds:

(a)

Common name of the species of seed (and subspecies, if appropriate).

(b)

The scientific name including the genus, species, and subspecies, (if appropriate).

(c)

Lot number or other lot identification.

(d)

Origin.

(e)

Purity as a percentage of pure seed by weight.

he seed is in bulk. Each bag or container that is not so

identified must carry complete labeling.

6.1.

For all tree and shrub seeds:

(a)

Common name of the species of seed (and subspecies, if appropriate).

(b)

The scientific name including the genus, species, and subspecies, (if appropriate).

(c)

Lot number or other lot identification.

(d)

Origin.

(e)

Purity as a percentage of pure seed by weight.

(f)

For all species the following:

CODE OF COLORADO REGULATIONS

8 CCR 1203-6

Plant Industry Division

14

(1)

Percentage germination exclusive of dormant or hard seed.

(2)

Percentage of dormant or hard seed, if present.

(3)

The calendar month and year test was completed to determine such

percentages.

(g)

The name and address of the person who labeled said seed or who sells, or offers or

exposes for sale, said seed within this State.

Part 7. NOXIOUS WEED LIST.

7.1.

Prohibited (primary) noxious weeds:

Anoda, spurred (Anoda cristata)

Bindweed, field (Convulvulus arvensis)

Bouncingbet (Saponaria officinalis)

Camelthorn (Alhagi pseudalhagi)

Chamomile, scentless (Anthemis arvensis)

Cinquefoil, sulfur (Potentilla recta)

Clematis, Chinese (Clematis orientalis)

Daisy, oxeye (Chrysanthemum leucanthemum)

Goatgrass, jointed (Aegilops cylindrica)

Halogeton (Halogeton glomeratus)

Horsenettle, Carolina (Solanum carolinense)

Horsenettle, white (Solanum elaeagnifolium)

Houndstongue (Cynoglossum officinale)

Johnsongrass (Sorghum halepense)

Knapweed, black (Centaurea nigra)

Knapweed, diffuse (Centaurea diffusa)

Knapweed, Russian (Acroptilon repens) (syn. Centaurea repens)

Knapweed, spotted (Centaurea maculosa)

Knapweed, squarrose (Centaurea virgata)

Loosestrife, purple (Lythrum salicaria) and (Lythrum virgatum)

Mallow, Venice (Hibiscus trionum)

CODE OF COLORADO REGULATIONS

8 CCR 1203-6

Plant Industry Division

ass (Sorghum halepense)

Knapweed, black (Centaurea nigra)

Knapweed, diffuse (Centaurea diffusa)

Knapweed, Russian (Acroptilon repens) (syn. Centaurea repens)

Knapweed, spotted (Centaurea maculosa)

Knapweed, squarrose (Centaurea virgata)

Loosestrife, purple (Lythrum salicaria) and (Lythrum virgatum)

Mallow, Venice (Hibiscus trionum)

CODE OF COLORADO REGULATIONS

8 CCR 1203-6

Plant Industry Division

15

Medusahead (Taeniatherum caput-medusae)

Millet, wild proso (Panicum miliaceum subsp. ruderale)

Nutsedge, yellow (Cyperus esculentus)

Povertyweed, silverleaf (Ambrosia tomentosa) (syn. Franseria discolor)

Povertyweed, woollyleaf (Ambrosia grayi) (syn. Franseria tomentosa)

Rocket, Dame's (Hesperis matronalis)

Rue, African (Peganum harmala)

Sage, Mediterranean (Salvia aethiopis)

Saltcedar (Tamarix parviflora) and (Tamarix ramosissima)

Skeletonweed, rush (Chondrilla juncea)

Sorghum almum (Sorghum almum)

Sowthistle, perennial (Sonchus arvensis)

Spurge, cypress (Euphorbia cyparissias)

Spurge, leafy (Euphorbia esula)

Spurge, myrtle (Euphorbia myrsinites)

St. Johnswort, common (Hypericum perforatum)

Starthistle, yellow (Centaurea solstitialis)

Tarweed, coast (Madia sativa)

Thistle, Canada (Cirsium arvense)

Thistle, musk (Carduus nutans)

Thistle, plumeless (Carduus acanthoides)

Thistle, Scotch (Onopordum acanthium) and (Onopordum tauricum)

Toadflax, Dalmatian (Linaria dalmatica)

Toadflax, yellow (Linaria vulgaris)

Whitetop (Cardaria draba)

Whitetop, hairy (Cardaria pubescens)

Whitetop, tall (Lepidium latifolium)

Woad, Dyer's (Isatis tinctoria)

CODE OF COLORADO REGULATIONS

8 CCR 1203-6

Plant Industry Division

16

7.2

Restricted (secondary) noxious weeds:

uus acanthoides)

Thistle, Scotch (Onopordum acanthium) and (Onopordum tauricum)

Toadflax, Dalmatian (Linaria dalmatica)

Toadflax, yellow (Linaria vulgaris)

Whitetop (Cardaria draba)

Whitetop, hairy (Cardaria pubescens)

Whitetop, tall (Lepidium latifolium)

Woad, Dyer's (Isatis tinctoria)

CODE OF COLORADO REGULATIONS

8 CCR 1203-6

Plant Industry Division

16

7.2

Restricted (secondary) noxious weeds:

Limitations in seeds

per pound

Blueweed (Helianthus ciliaris)

200

Burdock, common (Arctium minus)

200

Butterprint or velvet leaf (Abutilon theophrasti)

10

Dock, curly (Rumex crispus)

50

Dodder (Cuscuta spp.)

20

Foxtail, giant (Setaria faberi)

50

Groundcherry, purple (Quincula lobata) (syn. Physalis lobata)

50

Hemlock, poison (Conium maculatum)

10

Henbane, black (Hyoscyamus niger)

10

Lettuce, blue (Latuca tatarica subsp. pulchella) (syn. Latuca pulchella)

200

Mustard, black (Brassica nigra)

30

Mustard, India (Brassica juncea)

30

Mustard, wild (Sinapsis arvensis) (syn. Brassica kaber)

30

Oat, wild (Avena fatua)

10 in barley, oats,

wheat, rye and triticale

100 in other seeds

Plantain, buckhorn (Plantago lanceolata)

100

Povertyweed, mouse-ear (Iva axillaris)

200

Puncturevine (Tribulus terrestris)

50

Quackgrass (Elytrigia repens) (syn. Agropyron repens)

50

Sandbur, longspine (Cenchrus longspinus)

50

Thistle, bull (Cirsium vulgare)

10

No one lot of seed shall have more than five restricted weeds in the lot.

Part 8. GERMINATION STANDARDS.

8.1

The germination standards for vegetable seed in Colorado, stated as a percentage, shall be as

follows:

Kind

%

Anise

50

Artichoke

60

Asparagus

70

Asparagusbean

75

Basil, sweet

70

Beans, garden

70

Bean, Lima

70

Bean, runner

75

Beet

65

Broadbean

75

Broccoli

75

Brussels sprouts

70

Burdock, great

60

Cabbage

75

Cabbage, tronchunda

70

Cantaloupe

75

Caraway

55

Cardoon

60

Carrot

55

CODE OF COLORADO REGULATIONS

8 CCR 1203-6

Plant Industry Division

d in Colorado, stated as a percentage, shall be as

follows:

Kind

%

Anise

50

Artichoke

60

Asparagus

70

Asparagusbean

75

Basil, sweet

70

Beans, garden

70

Bean, Lima

70

Bean, runner

75

Beet

65

Broadbean

75

Broccoli

75

Brussels sprouts

70

Burdock, great

60

Cabbage

75

Cabbage, tronchunda

70

Cantaloupe

75

Caraway

55

Cardoon

60

Carrot

55

CODE OF COLORADO REGULATIONS

8 CCR 1203-6

Plant Industry Division

17

Kind

%

Cauliflower

75

Celeriac

55

Celery

55

Chard, Swiss

65

Chervil, salad

65

Chicory

65

Chinese cabbage

75

Chives

50

Citron

65

Collards

80

Coriander

70

Corn, pop

75

Corn, sweet

75

Cornsalad

70

Cowpea

75

Cress, garden

75

Cress, upland

60

Cress, water

40

Cucumber

80

Dandelion

60

Dill

60

Eggplant

60

Endive

70

Fennel, Florence

60

Fennel, sweet

50

Kale

75

Kale, Chinese

75

Kale, Siberian

75

Kohlrabi

75

Leek

60

Lettuce

80

Marjoram, sweet

50

Melon

75

Muskmelon

75

Mustard

75

Mustard, spinach

75

Okra

50

Onion

70

Onion, Welsh

70

Oregano

60

Pak-Choi

75

Parsley

60

Parsnip

60

Pea

80

Peanut

60

Pepper

55

Pumpkin

75

Radish

75

Rhubarb

60

Roquette

60

Rosemary

30

Rutabaga

75

CODE OF COLORADO REGULATIONS

8 CCR 1203-6

Plant Industry Division

18

Kind

%

Sage

60

Salsify

75

Savory, summer

55

Sorrel

65

Soybean

75

Spinach

60

Spinach, New Zealand

40

Squash

75

Thyme

50

Tomato

75

Tomato, husk

50

Turnip

80

Watermelon

70

8.2.

The germination standards for all other vegetable and herb seed, for which a standard has not

been established, shall be 50%.

Part 9. STACKING AND LABELING OF SEED LOTS BY DEALERS.

9.1.

Seed subject to inspection under the Act shall be stored in such a manner as to permit access for

proper sampling of each lot.

9.2.

Any lot of seed in storage in, or consigned to, a seed cleaning or processing establishment for

cleaning and processing, or for sale outside the state only and not offered for sale within the

state, shall be plainly labeled showing the specific purpose for which it is held.

9.3

ct to inspection under the Act shall be stored in such a manner as to permit access for

proper sampling of each lot.

9.2.

Any lot of seed in storage in, or consigned to, a seed cleaning or processing establishment for

cleaning and processing, or for sale outside the state only and not offered for sale within the

state, shall be plainly labeled showing the specific purpose for which it is held.

9.3.

Any bulk seed, or any seed in bags, bins, crates or any other sort of storage container, at any

establishment that is registered under Section 35-27-111, C.R.S., shall be considered to be

offered for sale, unless such seed is labeled as “Not For Sale” or kept in an area of the

establishment that is clearly marked and designated for “Not For Sale” seed. The provisions of

this rule shall not apply to seed described in Section 35-27-104(1)(c) C.R.S.

Part 10.

THE SAMPLING OF SEED LOTS.

10.1.

General Procedure:

(a)

In order to secure a representative sample, equal portions shall be taken from evenly

distributed parts of the quantity of seed to be sampled. Access shall be had to all parts of

that quantity.

(b)

For free-flowing seed in bags or 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.

(c)

Nonfree-flowing seeds, such as certain grass seed, uncleaned seed, or screenings,

difficult to sample with a probe or trier, shall be sampled by thrusting the hand into the

bulk and withdrawing representative portions.

flowing seed in bags or 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.

(c)

Nonfree-flowing seeds, such as certain grass seed, uncleaned seed, or screenings,

difficult to sample with a probe or trier, shall be sampled by thrusting the hand into the

bulk and withdrawing representative portions.

(d)

Composite samples shall be obtained to determine the quality of a lot of seed, such as

the percentages of pure seed, other crop seed, weed seed, inert matter, noxious weed

seed, germination, varietal purity, freedom from disease, and effectiveness of seed

treatment. Individual bag samples may be obtained to determine whether the seed is of

uniform quality.

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10.2.

Sampling Equipment:

For sampling seeds in bags a trier long enough to reach all areas in the bag shall be used. The trier shall

be so designed that it will remove an equal volume of seed from each part of the bag through which the

trier travels. Unless the trier has partitions in the seed chamber it must be inserted into the bags

horizontally. Nonfree-flowing seeds difficult to sample with a trier shall be sampled by thrusting the hand

into the seed and removing representative portions. When a sample is taken with the hand, insert the

hand flat and with the fingers together. Keep the fingers together as the hand is closed and withdrawn.

Because of possible segregation, hand samples should be taken from various points in bags or in bulk.

10.3.

Obtaining a “Submitted Sample”:

ple with a trier shall be sampled by thrusting the hand

into the seed and removing representative portions. When a sample is taken with the hand, insert the

hand flat and with the fingers together. Keep the fingers together as the hand is closed and withdrawn.

Because of possible segregation, hand samples should be taken from various points in bags or in bulk.

10.3.

Obtaining a “Submitted Sample”:

(a)

Seed in Bags:

(1)

When more than one core is drawn from a bag, follow different paths. When

more than one handful is taken from a bag, take them from well separated points.

(2)

For lots of one to six bags, sample each bag and take a total of at least five cores

or handfuls.

(3)

For lots of more than six bags, sample five bags plus at least 10% of the number

of bags in the lot. Round numbers with decimals to the nearest whole number.

Regardless of the lot size, it is not necessary to sample more than thirty bags.

Examples:

No. bags in lot

7

10

23

50

100

200

300

400

No. bags to sample

6

6

7

10

15

25

30

30

(b)

Bulk Seed: To obtain a composite sample, take at least as many cores or handfuls as if

the same quantity of seed were in bags of an ordinary size. Take the cores or handfuls

from well distributed points throughout the bulk.

(c)

Seed in small containers: Seed in small containers shall be sampled by taking entire

unopened containers in sufficient number to supply a minimum size sample as required

in Part 10.4. The contents of a single container or the combined contents of multiple

containers of the same lot shall be considered representative of the entire lot of seed

sampled.

10.4.

Size of Submitted Sample:

t the bulk.

(c)

Seed in small containers: Seed in small containers shall be sampled by taking entire

unopened containers in sufficient number to supply a minimum size sample as required

in Part 10.4. The contents of a single container or the combined contents of multiple

containers of the same lot shall be considered representative of the entire lot of seed

sampled.

10.4.

Size of Submitted Sample:

(a)

For the composite sample to test for quality. The following are minimum weights for

samples of seed to be submitted for analysis, test or examination.

(1)

Two ounces (approximately 55 grams) of grass seed not otherwise mentioned,

white or alsike clover, or seeds not larger than these.

(2)

Five ounces (approximately 150 grams) of red or crimson clover, alfalfa,

lespedezas, ryegrasses, bromegrasses, millet, flax, rape, or seeds of similar size.

(3)

One pound of sudangrass, proso, or seeds of similar size.

(4)

Two pounds (approximately 1,000 grams) of cereals, vetches, sorghums, or

seeds of similar or larger size.

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(5)

Vegetable and ornamental seed samples shall consist of at least 800 seeds per

sample. If a purity analysis or a noxious weed seed examination is required, the

submitted sample shall provide at least the minimum weights of working samples

set forth in Association of Official Seed Analysts Rules for Testing Seeds

(October 2019). (As to incorporation of materials see Part 14.)

(6)

Tree and shrub seed samples shall consist of at least 600 seeds per sample for

germination purposes (1,000 seeds for paired tests). If a purity analysis or a

noxious weed seed examination is required, the submitted sample shall provide

at least the minimum weights of working samples set forth in Association of

Official Seed Analysts Rules for Testing Seeds (October 2019). (As to

incorporation of materials see Part 14.)

mples shall consist of at least 600 seeds per sample for

germination purposes (1,000 seeds for paired tests). If a purity analysis or a

noxious weed seed examination is required, the submitted sample shall provide

at least the minimum weights of working samples set forth in Association of

Official Seed Analysts Rules for Testing Seeds (October 2019). (As to

incorporation of materials see Part 14.)

(b)

For individual bag samples to test for uniformity:

(1)

The size of any individual bag sample to determine uniformity in a lot of seed

shall be not less than the quantities set out in the column “Minimum Weight for

Noxious Weed Seed Examination” for the respective kinds of seed listed in Table

1, found in Association of Official Seed Analysts Rules for Testing Seeds,

(October 2019). (As to incorporation of materials see Part 14.)

(2)

If the sample drawn is larger than required it shall be thoroughly mixed before it

is divided to the desired size.

10.5.

Forwarding and Receipt of Official Samples: Before being forwarded to analysis, test, or

examination the containers of official samples shall be properly sealed, identified, initialed and

dated.

Part 11.

ANALYSIS AND TESTING OF SEEDS.

11.1.

The methods of analyzing and testing seed samples shall be the same as prescribed in the

Association of Official Seed Analysts Rules for Testing Seeds (October 2019) (as to incorporation

of materials see Part 14), except that:

a)

Kinds of seeds that do not have germination testing protocols in the Association of

Official Seed Analysts Rules for Testing Seeds (October 2019) may be tested with a

tetrazolium test in place of a germination test; and

b)

Notwithstanding the fact that such protocols exist for Indian ricegrass (Achnatherum

hymenoides), fourwing saltbrush (Atriplex canescens), and chokecherry (Prunus

virginiana), these kinds of seeds may also be tested with a tetrazolium test in place of a

germination test.

11.2

nalysts Rules for Testing Seeds (October 2019) may be tested with a

tetrazolium test in place of a germination test; and

b)

Notwithstanding the fact that such protocols exist for Indian ricegrass (Achnatherum

hymenoides), fourwing saltbrush (Atriplex canescens), and chokecherry (Prunus

virginiana), these kinds of seeds may also be tested with a tetrazolium test in place of a

germination test.

11.2.

Except as provided in Rule 11.3 below, a standard germination test is valid for thirteen (13)

months, unless the seed is stored in a hermetically sealed container, in which case it shall be

valid for twenty-four (24) months.

11.3

Germination tests for seeds of the following kinds of cool season lawn and turf grasses shall be

valid for sixteen (16) months, unless hermitically sealed: colonial bentgrass, creeping bentgrass,

Kentucky bluegrass, chewings fescue, hard fescue, red fescue, tall fescue, annual ryegrass,

intermediate ryegrass, and perennial ryegrass. If the seed is stored in a hermitically sealed

container the test shall be valid for twenty-four (24) months.

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11.4

The time for which a tetrazolium test is valid in place of a germination test shall be thirteen (13)

months, unless the seed is stored in a hermetically sealed container, in which case it shall be

valid for twenty-four (24) months.

Part 12.

TOLERANCES.

12.1.

Tolerances allow for the variation which may reasonably be expected in results obtained from

different analyses or tests of the same lot of seed. They are for the protection of the labeler and

shall not be used to show higher quality on the label than is indicated by the test.

12.2.

Tolerances and methods of determination used in the enforcement of these rules shall be the

same as prescribed in the Association of Official Seed Analysts Rules for Testing Seeds (October

2019). (As to incorporation of materials see Part 14.)

Part 13.

SALES OF DISEASE FREE SEED BEANS.

13.1

f the labeler and

shall not be used to show higher quality on the label than is indicated by the test.

12.2.

Tolerances and methods of determination used in the enforcement of these rules shall be the

same as prescribed in the Association of Official Seed Analysts Rules for Testing Seeds (October

2019). (As to incorporation of materials see Part 14.)

Part 13.

SALES OF DISEASE FREE SEED BEANS.

13.1.

Any beans sold for seed in Mesa, Montrose or Delta County, or any beans sold in any other

county intended for planting as seed in Mesa, Montrose or Delta County must be either:

(a)

Certified and labeled as such by an official seed certifying agency, or

(b)

Accompanied by a phytosanitary certificate issued by a regulatory agency which states

that the beans were field inspected during active growth and were apparently free of field

exhibited symptoms of seed born diseases.

13.2.

Any inspections done pursuant to the enforcement of this section of the seed law shall be paid for

by the person selling such bean and shall be billed at actual cost for the inspection.

Part 14.

INCORPORATION BY REFERENCE.

14.1.

The 2010 edition of the Tetrazolium Testing Handbook (“Handbook”), published by the Society of

Commercial Seed Technologists and the Association of Official Seed Analysts, is hereby

incorporated by reference and made a part of these Rules. The incorporated Handbook does not

include later revisions. The Handbook is available for public inspection during regular business

hours at the Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, Colorado

80021 and available for purchase from the Society of Commercial Seed

Technologists/Association of Official Seed Analysts at

https://www.analyzeseeds.com/product/tetrazolium-testing-handbook-2018/.

14.2.

The October 1, 2019 edition of the Rules for Testing Seed (“Testing Rules”), published by the

Association of Official Seed Analysts, is hereby incorporated by reference and made a part of

these Rules. The incorporated Testing Rules do not include later revisions

eed

Technologists/Association of Official Seed Analysts at

https://www.analyzeseeds.com/product/tetrazolium-testing-handbook-2018/.

14.2.

The October 1, 2019 edition of the Rules for Testing Seed (“Testing Rules”), published by the

Association of Official Seed Analysts, is hereby incorporated by reference and made a part of

these Rules. The incorporated Testing Rules do not include later revisions. The Testing Rules are

available for public inspection during regular business hours at the Colorado Department of

Agriculture, 305 Interlocken Parkway, Broomfield, Colorado 80021 and available for purchase

from the Association of Official Seed Analysts at https://www.analyzeseeds.com/product/aosa-

rules-volume-1-principles-rocedures-2019/.

Part 15.

RECORDS REQUIRED TO BE KEPT.

15.1.

Each person whose name appears on a label on a seed container as a handler of the seed in

such container shall keep records of the origin, sale, shipping, and disposition of such seed.

15.2.

Each person acting as a custom seed conditioner shall keep records of the owner of the seed,

kind and if known the variety, quantity, and date and place of cleaning for each lot of seed

conditioned.

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Part 16.

PESTICIDE TREATED ALFALFA SEED AND CLOVER SEED.

16.1

The following provisions apply to alfalfa seed and clover seed resulting from crops treated with

any pesticide registered under Section 3 of the Federal Insecticide, Fungicide and Rodenticide

Act which requires such rules as a condition of registration for use in alfalfa seed or clover seed

production, or any pesticide registered under Section 24(c) of the Federal Insecticide, Fungicide

and Rodenticide Act which requires such rules as a condition of registration for use in alfalfa seed

or clover seed production

tered under Section 3 of the Federal Insecticide, Fungicide and Rodenticide

Act which requires such rules as a condition of registration for use in alfalfa seed or clover seed

production, or any pesticide registered under Section 24(c) of the Federal Insecticide, Fungicide

and Rodenticide Act which requires such rules as a condition of registration for use in alfalfa seed

or clover seed production.

16.2

Every person engaged in the business of seed conditioning shall keep records of individual

growers' alfalfa and clover seed dirt weight and clean weight for three (3) years and shall furnish

such records to the Commissioner upon request.

16.3

All seed screenings shall be disposed of at a controlled dump site, incinerator, or other equivalent

disposal site. Every person engaged in the business of seed conditioning shall keep records of

seed screening disposal which records shall include the disposal site, method, weight of disposed

screenings and date of disposal. Every person engaged in the business of seed conditioning shall

keep seed screening disposal records for three (3) years and shall furnish such records to the

Commissioner upon request.

16.4

All seed shall be conspicuously tagged or labeled with the following statement, “NOT FOR

HUMAN CONSUMPTION OR ANIMAL FEED.”

16.5

No seed tagged as set forth in 16.4 above shall be sold, offered for sale or distributed for human

consumption or animal feed.

Part 17.

RESERVED

Part 18.

RESERVED

Part 19.

RESERVED

Part 20.

STATEMENTS OF BASIS AND PURPOSE.

The statements of basis and purpose for some rule changes are no longer in the Departments files and

are presumably in the state archives.

20.1

Emergency Regulation adopted September 17, 1993 - Effective September 17, 1993

Adopted November 19,1993 - Effective December 30,1993

The following rules are hereby promulgated under the authority of the Colorado Seed Act pursuant to 35-

27-101 through 125, C.R.S., (1993 Supp. as amended by Senate Bill 93-17)

nges are no longer in the Departments files and

are presumably in the state archives.

20.1

Emergency Regulation adopted September 17, 1993 - Effective September 17, 1993

Adopted November 19,1993 - Effective December 30,1993

The following rules are hereby promulgated under the authority of the Colorado Seed Act pursuant to 35-

27-101 through 125, C.R.S., (1993 Supp. as amended by Senate Bill 93-17). These rules are required by

the Colorado Seed Act, which was repealed and reenacted by the 1993 State Legislature.

They deal with definitions of certain terms used which are not defined in the Act; the requirements for

registration of seed labelers, custom seed conditioners, and retail seed dealers, including the setting of

registration fees; label requirements for agricultural, vegetable and flower seeds, including seed mixtures

and combination mulch, seed and fertilizer products, performance characteristics of flower seed, and

germination standards for flower seeds and for vegetable seeds; label requirements for tree and shrub

seeds; the lists of prohibited and restricted noxious weed seeds; seed sampling requirements and

procedures; analysis and testing of seeds; tolerances on seed label information; and requirements

concerning sales of disease free seed beans.

These rules repeal 8 CCR 1203-6, Parts I through VIII (sic IX) (April 1993), and new rules are adopted in

total as follows:

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20.2

Adopted November 13,1997 -Effective December 30,1997

(a)

These amended rules are adopted pursuant to § 35-27-114 (1) (b), C.R.S. (1995) and pertain to

the administration and enforcement of the Colorado Seed Act, § § 35-27-101 through 125, C.R.S.

(1995).

(sic IX) (April 1993), and new rules are adopted in

total as follows:

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20.2

Adopted November 13,1997 -Effective December 30,1997

(a)

These amended rules are adopted pursuant to § 35-27-114 (1) (b), C.R.S. (1995) and pertain to

the administration and enforcement of the Colorado Seed Act, § § 35-27-101 through 125, C.R.S.

(1995).

(b)

The purposes of these amended rules are to: update the germination standards for vegetable

seed; update incorporation of the Journal of Seed Technology, Seedling Evaluation Handbook

and Uniform Classification of Weed and Crop Seeds; delete incorporation of the Federal Seed

Act Regulations; and address requirements for pesticide treated alfalfa seed and clover seed.

20.3

Adopted February 17, 1998 - Effective March 30,1998

(a)

The following rules are hereby promulgated under the authority of the Colorado Seed Act

pursuant to § § 35-27-101 through 125, C.R.S., (1993 Supp. as amended by Senate Bill 93-17).

These rules are required by the Colorado Seed Act, which was repealed and reenacted by the

1993 State Legislature. They deal with definitions of certain terms used which are not defined in

the Act; the requirements for registration of seed labelers, custom seed conditioners, and retail

seed dealers, including the setting of registration fees; label requirements for agricultural,

vegetable and flower seeds, including seed mixtures and combination mulch, seed and fertilizer

products, performance characteristics of flower seed, and germination standards for flower seeds

and for vegetable seeds; label requirements for tree and shrub seeds; the lists of prohibited and

restricted noxious weed seeds; seed sampling requirements and procedures; analysis and testing

of seeds; tolerances on seed label information; and requirements concerning sales of disease

free seed beans

r

products, performance characteristics of flower seed, and germination standards for flower seeds

and for vegetable seeds; label requirements for tree and shrub seeds; the lists of prohibited and

restricted noxious weed seeds; seed sampling requirements and procedures; analysis and testing

of seeds; tolerances on seed label information; and requirements concerning sales of disease

free seed beans. These rules repeal 8 CCR 1203-6, Parts I through VIII (sic IX) (April 1993), and

new rules are adopted in total as follows:

20.4

Adopted October 2, 2003 - Effective December 1, 2003

(a)

Statutory Authority: These amendments to the permanent rules pertain to the registration fees of

the Colorado Seed Act, § § 35-27-101 through 125, C.R.S. (2002), and are adopted by the

Commissioner of Agriculture pursuant to § § 35-27-111(4)(a)(I) and 114(1)(b)(VIII), C.R.S.

(b)

Purpose: The purpose of these amendments are to increase the registration fee to allow more

funds to be spent on seed sample analysis to verify that seed labeling is in compliance with the

Colorado Seed Act and these rules.

(c)

Factual and Policy Issues: The factual and policy issues encountered in the proposal of these

permanent rules are as follows:

(1)

Seed sampling and analysis to determine truth in labeling is an essential consumer and

environmental protection function of the seed regulatory program conducted under the

Colorado Seed Act. Samples are analyzed to ensure that the labeling components such

as pure seed and germination percentage are accurate to protect the consumer. In

addition, the analysis can detect any weed seed present in the product to protect both the

consumer and the environment. The Colorado Department of Agriculture (CDA) performs

the seed sampling and the Colorado State University Seed Laboratory (CSU Laboratory)

provides the analysis function through a contract with CDA. CDA does not have qualified

staff to conduct seed analysis.

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esent in the product to protect both the

consumer and the environment. The Colorado Department of Agriculture (CDA) performs

the seed sampling and the Colorado State University Seed Laboratory (CSU Laboratory)

provides the analysis function through a contract with CDA. CDA does not have qualified

staff to conduct seed analysis.

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(2)

Use of the CSU Laboratory provides an objective third party analysis when regulatory

action is required because of seed analysis results. It prevents potential conflict of

interest concerns that a private laboratory would encounter particularly since companies

regulated under the Colorado Seed Act operate many of the private seed laboratories. In

addition, it saves CDA costs by not having to develop and conduct a system to provide all

of the samples as “blind samples” to a private laboratory to ensure they cannot determine

the place the sample was taken from. Other regulatory seed laboratories operated by

Departments of Agriculture or Universities in other states have no interest in performing

seed analysis for Colorado.

(3)

The CSU Laboratory revenues have decreased in recent years. This decrease has

caused the laboratory to reduce staff to a level that is not sustainable for operation in the

long term. To obtain sufficient revenue the Laboratory must raise seed analysis costs to

its customers such as the Colorado Department of Agriculture.

(4)

The Colorado seed industry believes the CSU Laboratory provides an essential function

for processing regulatory samples as well as in the education of seed analysts.

(5)

The Colorado seed industry supports providing increased revenue to the Laboratory

through increased charges on seed analysis by the CSU Laboratory.

nalysis costs to

its customers such as the Colorado Department of Agriculture.

(4)

The Colorado seed industry believes the CSU Laboratory provides an essential function

for processing regulatory samples as well as in the education of seed analysts.

(5)

The Colorado seed industry supports providing increased revenue to the Laboratory

through increased charges on seed analysis by the CSU Laboratory.

(6)

The Colorado seed industry supports an increase in seed registrations fees to pay for the

increased charges by the CSU Laboratory.

20.5

Adopted December 9, 2008 - Effective January 30, 2009

Statutory Authority

These amendments to these rules are proposed for adoption by the Commissioner of the Colorado

Department of Agriculture (“CDA” ) pursuant to his authority under the Colorado Seed Act (the “Act”), §

35-27-114(1)(b), C.R.S.

Purpose

The purposes of these proposed rule amendments are as follows;

The purpose of these proposed rules is:

1)

To adopt a new Rule 1.2 (j), to define a new term, “tetrazolium test”.

2)

To adopt a new Rule, 3.1 requiring that all lots of seed that are being labeled from the results of a

tetrazolium test, in place of a germination test, be required to disclose that information on the

label.

3)

To amend existing Rules 7.1 and 7.2 to delete obsolete statements concerning effective dates for

certain noxious weeds.

4)

To amend existing Rule 8.1 to add the term “stated as a percentage” to the introductory header

sentence, after the word “Colorado’ and add the word “Kind” above the first column and the

symbol “%” above the second column.

5)

To amend existing Rule 8.1 to add 16 kinds of seed and their germination standards.

6)

To adopt a new Rule 8.2 specifying that all vegetable and herb seeds not listed in 8.1 shall have

a specific germination standard of 50%.

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ord “Colorado’ and add the word “Kind” above the first column and the

symbol “%” above the second column.

5)

To amend existing Rule 8.1 to add 16 kinds of seed and their germination standards.

6)

To adopt a new Rule 8.2 specifying that all vegetable and herb seeds not listed in 8.1 shall have

a specific germination standard of 50%.

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7)

To adopt a new Rule 9.3 to require all seed contained within any building or other structure

owned or operated by a seed registrant that is not for sale to be clearly marked as such.

8)

To adopt a new Rule, 11.1 to update the reference materials for methods of analyzing and testing

seed samples to incorporate the most current methods in the Association of Official Seed

Analysts Rules for Testing Seeds, 2008 edition.

9)

To adopt new Rules 11.1(a) and 11.1(b) to specify by rule what kinds of seeds will be allowed to

be analyzed with the results of a tetrazolium test.

10)

To adopt a new Rule 11.2 which states that the time that a germination test is valid is 13 months,

unless it is stored in hermetically sealed containers, in which case it shall be valid for 24 months.

11)

To adopt a new Rule 11.3 specifying what kinds of cool season grasses will be allowed to be

labeled as to germination for a period of 16 months instead of the standard 13 months, as

allowed under in §35-27-113(1)(a) , C.R.S.

12)

To adopt a new Rule 11.4 which establishes the length of time during which a tetrazolium test is

valid for labeling purposes.

13)

To amend existing Rule 12 to update the tolerance and methods of determination used in the

enforcement of these rules to incorporate the most current tolerances and methods in the

Association of Official Seed Analysts Rules for Testing Seeds, 2008 edition.

14)

To add the title to Part 13, “SALES OF DISEASE FREE SEED BEANS”.

15)

To amend existing Rule 14 to delete references to outdated materials incorporated by reference

and replace them with the correct reference

ermination used in the

enforcement of these rules to incorporate the most current tolerances and methods in the

Association of Official Seed Analysts Rules for Testing Seeds, 2008 edition.

14)

To add the title to Part 13, “SALES OF DISEASE FREE SEED BEANS”.

15)

To amend existing Rule 14 to delete references to outdated materials incorporated by reference

and replace them with the correct reference.

16)

To amend Rule 14 to delete outdated references to Section Chief and Plant and Insect Section

and to replace them with the term “Seed Program Coordinator”.

17)

To amend existing language in several places to correct typographical errors.

Factual and Policy Basis Issues

The factual and policy issues encountered when developing these rules include:

1)

The proposed new Rule 1.2(j) is necessary because the term, “tetrazolium test”, which is used in

§35-27-113(1)(a), C.R.S., is not defined in the Act.

2)

A tetrazolium test is different from a germination test in that a tetrazolim test only determines the

percentage of the seeds that are viable (living) rather than the percentage of the seeds that will

likely germinate. Prior to the amendment to §35-27-113(1)(a), C.R.S., in 2007, and the

implementation in these rule changes, seed could not have been labeled with a tetrazolium test.

Because the use of a tetrazolium test will now be allowed for specifically identified seeds; the test

is less stringent; and consumers are used to the label data being obtained from a germination

test; it is necessary to inform them of this fact so they can make an informed purchasing decision.

3)

The amended language to Rules 7.1 and 7.2 is necessary because they contain effective dates

for certain noxious weeds that are now obsolete and confusing.

4)

The amended language to 8.2 is necessary to clarify that the figures are stated as percentages in

the table below the header sentence.

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make an informed purchasing decision.

3)

The amended language to Rules 7.1 and 7.2 is necessary because they contain effective dates

for certain noxious weeds that are now obsolete and confusing.

4)

The amended language to 8.2 is necessary to clarify that the figures are stated as percentages in

the table below the header sentence.

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5)

The amended language to Rule 8.1 is necessary to update the rule to bring it in conformity with

the current list of the kinds of vegetable seeds listed and their germination standards in the

Association of Official Seed Analysts Rules for Testing Seeds, 2008 edition.

6)

The new Rule 8.2 is necessary to specify that all vegetable and herb seeds not listed shall have a

designated germination standard since they presently do not. This change is necessary also to

bring these rules into conformity with the Recommended Uniform State Seed Law (RUSSL), as

adopted by the Association of American Seed Control Officials, July 2007 edition, for germination

standards for vegetable and herb seeds not listed.

7)

The proposed new Rule 9.3 is necessary because it will better facilitate inspection and/or

sampling of all seed.

8)

The amended language to Rule 11 is necessary because the old references are obsolete.

9)

New Rules 11.1(a) and 11.1(b) are necessary because the Commissioner is required to specify

by rule which seeds may be analyzed by means of a tetrazolium test. Rule 11.1(a) will allow

certain kinds of seeds that presently do not have established germination standards written for

them by the Association of Official Seed Analysts Rules for Testing Seeds, 2008 edition, to be

analyzed with a tetrazolium test in place of a germination test

ssary because the Commissioner is required to specify

by rule which seeds may be analyzed by means of a tetrazolium test. Rule 11.1(a) will allow

certain kinds of seeds that presently do not have established germination standards written for

them by the Association of Official Seed Analysts Rules for Testing Seeds, 2008 edition, to be

analyzed with a tetrazolium test in place of a germination test. Rule 11.1(b) will allow analysis

with a tetrazolium test these three kinds of seeds, Indian ricegrass (Achnatherum hymenoides),

fourwing saltbush (Atriplex canescens), and chokecherry (Prunus virginiana), that presently do

have rules written for them by the Association of Official Seed Analysts Rules for Testing Seeds,

2008 edition, but do not germinate in a timely fashion.

10)

The proposed new Rule 11.2 is necessary to clarify the valid time for germination tests.

11)

The proposed new rule 11.3 is necessary due to the new language added to §35-27-113(1)(a),

C.R.S. in 2007, which allows specified cool season grasses to be labeled for germination for a

period of 16 months instead of the 13 months specified for all other non-hermetically sealed

containers. These cool season grasses have been shown to retain the germination for a period

longer than 13 months in most cases (i.e. not exposed to direct sunlight, excessive moisture or

high temperatures).

12)

The proposed new Rule 11.4 is necessary because implementation of the tetrazolium test as a

replacement for the germination test for certain kinds of seed requires the establishment of a time

period of validity for labeling purposes. Furthermore, it is scientifically valid and more manageable

to the industry and consumers to stay with the time frame for the validity of the germination test,

for labeling purposes, for these same kinds of seed.

13)

The amended language to Rule 12 is necessary because the old tolerances and methods

referenced are obsolete

uires the establishment of a time

period of validity for labeling purposes. Furthermore, it is scientifically valid and more manageable

to the industry and consumers to stay with the time frame for the validity of the germination test,

for labeling purposes, for these same kinds of seed.

13)

The amended language to Rule 12 is necessary because the old tolerances and methods

referenced are obsolete.

14)

The proposed new title to Part 13 is necessary to bring clarity and continuity to the seed

regulations as the title to Part 13 was removed accidentally when the Rules were converted to the

electronic format.

15)

The amended language to Rule 14 is necessary because the old references are obsolete.

16)

The amended language in Rule 14 is necessary because the old references are obsolete. The

Plant and Insect Section was eliminated as an identified entity within the Division of Plant

Industry.

17)

The amended language is necessary to eliminate typographical errors that had been incorporated

into prior versions of this Act.

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27

20.6

Adopted November 19, 2009 - Effective December 30, 2009

Statutory Authority

These amendments to these rules are proposed for adoption by the Commissioner of the Colorado

Department of Agriculture (“CDA” ) pursuant to his authority under the Colorado Seed Act (the “Act”), §

35-27-114(1)(b), C.R.S.

Purpose

The purpose of this proposed rule amendment is to increase the registration fee paid by retail seed

dealers from $25 per year to $50 per year.

Factual and Policy Basis Issues

The factual and policy issues encountered when developing these rules include:

1)

By statute the Seed Program is funded by a combination of general funds and cash funds. The

revenue for the cash funded portion is generated by the registration fees paid by seed registrants

to label, condition or sell seed in Colorado

il seed

dealers from $25 per year to $50 per year.

Factual and Policy Basis Issues

The factual and policy issues encountered when developing these rules include:

1)

By statute the Seed Program is funded by a combination of general funds and cash funds. The

revenue for the cash funded portion is generated by the registration fees paid by seed registrants

to label, condition or sell seed in Colorado.

2)

Pursuant to 35-27-111 Registration of Seed Conditioners, Farmer Seed Labelers, Retail Seed

Dealers, and Seed Labelers – Forms –Fees-Renewals; there are four types of seed registrations

in the Seed Act and Rules and Regulations. These four types are Seed Conditioners, Farmer

Seed Labelers, Retail Seed Dealers, and Seed Labelers. The Seed Conditioners maximum fee

allowed by statute is $300. The current fee is $300. The Farmer Seed Labelers maximum fee

allowed by statute is $75. The current fee is $75. The Retail Seed Dealers maximum fee allowed

by statute is $75. The current fee is $25. The Seed labelers maximum fee allowed by statute is

$300. The current fee is $300.

3)

During the 2008 legislative session the General Assembly removed $20,000 from the general

funded portion of the seed program budget to help with the overall State budget needs.

4)

The seed program has consistently cut back on the work conducted by the program to meet

budget constraints. This is documented in the number of seed samples collected and seed

inspections performed. The program took 550 seed samples in 1999 and has gradually reduced

that number to the current 301 to account for budget constraints. The program averaged over 900

seed inspection per year in the late 1990s and is now conducting about 650 inspections per year.

5)

In order to avoid reducing the program activities more and therefore decreasing the value of the

program, the industry seed ad hoc advisory committee recommended that fees be increased to

offset the general fund revenue removed in 2008

to account for budget constraints. The program averaged over 900

seed inspection per year in the late 1990s and is now conducting about 650 inspections per year.

5)

In order to avoid reducing the program activities more and therefore decreasing the value of the

program, the industry seed ad hoc advisory committee recommended that fees be increased to

offset the general fund revenue removed in 2008.

6)

Since the only fee not at the statutory cap is the Retail Seed Dealer registration it is proposed to

raise this fee.

7)

The program has an average of 900 retail seed registrations per year. 900 registrations multiplied

by the $25 increase would generate roughly $22,500.

8)

The fees for this category of seed registration have not been increased since the statutory

change to have seed registrations and fees was enacted in 1993.

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28

20.7

Adopted June 12, 2019 – Effective July 30, 2019

Statutory Authority

These amendments to these rules are proposed for adoption by the Commissioner of the Colorado

Department of Agriculture (“CDA”) pursuant to the authority under the Colorado Seed Act (the “Act”), §

35-27-114(1)(b), C.R.S.

Purpose

The purpose of this proposed rule amendment is to:

1.

Increase the registration fee paid by retail seed dealers from $50 to $75 per year.

2.

Increase the additional location fee paid by seed dealers and seed conditioners from $25 to $75

per year.

3.

Update the reference to the Tetrazolium Test to the 2010 edition, published by the Society of

Commercial Seed Technologists and the Association of Official Seed Analysts.

4.

Update the reference used to measure tolerance of seed testing when enforcing truth in labeling

to the October 2018 edition of the Rules for Testing Seeds, published by the Association of

Official Seed Analysts.

5.

Update the department address to its current location in Broomfield, CO.

Factual and Policy Basis Issues

The factual and policy issues encountered when developing these rules include:

1

Update the reference used to measure tolerance of seed testing when enforcing truth in labeling

to the October 2018 edition of the Rules for Testing Seeds, published by the Association of

Official Seed Analysts.

5.

Update the department address to its current location in Broomfield, CO.

Factual and Policy Basis Issues

The factual and policy issues encountered when developing these rules include:

1.

By statute, the Seed Program is funded by a combination of general funds and cash funds. The

revenue for the cash funded portion is generated by the registration fees paid by seed registrants

to label, condition, or sell seed in Colorado. The current registration fees do not provide sufficient

revenue to administer the Seed Program effectively, and, without increasing the fees, the

Department would need to cut back on work conducted by the Seed Program (i.e., seed

collection, sampling, and testing). To Date, the Department has curtailed its sampling from 550

seed samples in 1999 to 250 seed samples at present and over 900 seed inspections per year in

the late 1990s to approximately 300 inspections per year at present.

2.

Pursuant to section 35-27-111, C.R.S., there are four types of seed registrations: seed

conditioners, farmer seed labelers, retail seed dealers, and seed labelers. The only fees not

presently at the statutory cap are the retail seed dealer registration fee and additional location

fees for seed labelers and seed conditioners. therefore, these are the only categories in which the

Department may increase fees.

3.

The Industry Seed Ad Hoc Advisory Committee recommended that fees be increased to address

the funding deficit and to ensure that program activities not be negatively affected.

4.

The Seed Program has an average of 900 retail seed dealer registrations per year (355 primary

locations + 563 additional locations). 355 registrations multiplied by the $25 increase would

generate roughly $8,875 for the Seed Program.

5

eed Ad Hoc Advisory Committee recommended that fees be increased to address

the funding deficit and to ensure that program activities not be negatively affected.

4.

The Seed Program has an average of 900 retail seed dealer registrations per year (355 primary

locations + 563 additional locations). 355 registrations multiplied by the $25 increase would

generate roughly $8,875 for the Seed Program.

5.

The Seed Program has an average of 300 registered seed labelers and seed conditioners, with

approximately 50 of those 300 registrations including additional locations. Increasing the

additional location fee for these businesses would raise $2,500 for the Seed Program.

CODE OF COLORADO REGULATIONS

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6.

The Department has not increased fees for the retail seed dealer category since 2009.

7.

The Department has not increased fees for the seed labeler and seed conditioner categories

since those categories were formed and associated fees set in 1993.

20.8

Adopted February 12, 2020 – Effective March 30, 2020

Statutory Authority

The amendments to these rules are proposed for adoption by the Commissioner of the Colorado

Department of Agriculture (“CDA”) pursuant to the authority under the Colorado Seed Act (the “Act”), §

35-27-114(1)(b), C.R.S.

Purpose

The purpose of the proposed rule amendments is to:

1.

Update incorporation by reference language for the Tetrazolium Testing Handbook (“Handbook”)

and the Rules for Testing Seed (“Testing Rules”), published by the Society of Commercial Seed

Technologists and/or the Association of Official Seed Analysts, to meet the requirements of § 24-

4-103(12.5)(a)(iv), C.R.S, of the State Administrative Procedure Act.

Factual and Policy Basis Issues

The factual and policy issues encountered when developing these rules include:

1

ing Handbook (“Handbook”)

and the Rules for Testing Seed (“Testing Rules”), published by the Society of Commercial Seed

Technologists and/or the Association of Official Seed Analysts, to meet the requirements of § 24-

4-103(12.5)(a)(iv), C.R.S, of the State Administrative Procedure Act.

Factual and Policy Basis Issues

The factual and policy issues encountered when developing these rules include:

1.

The State Administrative Procedure Act sets forth the requirements for incorporating by reference

all or any part of a code, standard, guideline, or rule that has been adopted by an agency of the

United States, this state, or another state, or adopted or published by a nationally recognized

organization or association.

2.

Specifically, the State Administrative Procedure Act requires that the rule states where copies of

the code, standard, guideline, or rule are available for a reasonable charge from the agency

adopting the rule and where copies are available from the agency of the United States, this state,

another state, or the organization or association originally issuing the code, standard, guideline,

or rule.

3.

Although the rules identified the publishers of the Handbook and the Testing Rules by name, they

did not provide an address or website where the Handbook or Testing Rules could be obtained

from the publishers. The amendments to the rules now include a specific URL where the

Handbook and Testing Rules can be obtained for purchase from the publishers.

4.

A newer version of the Testing Rules became effective October 1, 2019, and the rule

amendments update the relevant edition to 2019.

20.9

Adopted September 9, 2020 – Effective October 30, 2020

Statutory authority

The amendments to these rules are proposed for adoption by the Commissioner of the Colorado

Department of Agriculture (“CDA”) pursuant to the authority under the Clorado Seed Act (the “Act”), § 35-

27-114(1)(b), C.R.S.

CODE OF COLORADO REGULATIONS

8 CCR 1203-6

Plant Industry Division

date the relevant edition to 2019.

20.9

Adopted September 9, 2020 – Effective October 30, 2020

Statutory authority

The amendments to these rules are proposed for adoption by the Commissioner of the Colorado

Department of Agriculture (“CDA”) pursuant to the authority under the Clorado Seed Act (the “Act”), § 35-

27-114(1)(b), C.R.S.

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30

Purpose

The purpose of the proposed rule amendments is to:

1.

Align the rules with fees now set in statue, which fees became effective June 25, 2020.

2.

Part 2.5. of these Rules has been revised to reflect the statutory annual registration fee for seed

labelers is $519.00 per year.

3.

Part 2.6. of these Rules has been revised to reflect the statutory annual registration fee for

custom seed conditioners is $519.00 per year.

4.

Part 2.7. of these Rules has been revised to reflect the statutory annual registration fee for farmer

seed labelers is $130.00 per year.

5.

Part 2.8. of these rules has been revised to reflect the statutory annual registration fee for retail

seed dealers is $130.00 per year.

7.

Part 2.9.1. of these Rules has been revised to reflect an increase in the annual registration fee for

a second business location for farmer seed labelers from $25.00 per year to $43.00 per year, as

well as to correct non-substantive typographical errors.

8.

Part 2.9.2 of these Rules has been added to reflect an increase in the annual registration fee for a

second business location for a retail seed dealer from $25.00 per year to $43.00 per year.

Factual and Policy Basis Issues

The factual and policy issues encountered when developing these rule amendments include:

1.

Section 35-27-125, et seq., C.R.S., was set for repeal on July 1, 2020. Prior to repeal, the Act

was scheduled to undergo a sunset review through the Department of Regulatory Agencies

(“DORA”), consistent with section 24-34-104, C.R.S. Subsequent to the sunset review, DORA

recommended continuation of the Act

he factual and policy issues encountered when developing these rule amendments include:

1.

Section 35-27-125, et seq., C.R.S., was set for repeal on July 1, 2020. Prior to repeal, the Act

was scheduled to undergo a sunset review through the Department of Regulatory Agencies

(“DORA”), consistent with section 24-34-104, C.R.S. Subsequent to the sunset review, DORA

recommended continuation of the Act. The General Assembly reviewed DORA’s

recommendations and passed House Bill 20-1184. House Bill 20-1184 continued the Act, and

codified into the statute minimum yearly registration fees for each registration category and for

certain categories of second business locations.

2.

Because the fee provisions in the Act became effective June 25, 2020, the fees described in the

Rules were no longer accurate. As such, the Department is revising the Rules to harmonize the

Rules to the Act. This will avoid stakeholder confusion with respect to operative fees moving

forward.