Regulations For Conditioning Of Oklahoma Certified Seeds

            In the public interest, and more specifically in the interest of the agricultural industry of the State of Oklahoma, the following rules and regulations for the conditioning of Oklahoma certified seed firms, are hereby established and promulgated by the Oklahoma Crop Improvement Association, pursuant to the provisions of Section 784-787, Chapter 19, Title 2, Oklahoma Statutes 1941.

ARTICLE I – Definitions

1.         Conditioning shall be defined as cleaning, recleaning, blending multiple lots, packaging and repackaging of agricultural seeds produced in Oklahoma , or any combination of these operations, for purpose of selling, offering, or exposing the same for sale for planting purposes.

2.         The term “agricultural seed” as used in these Regulations shall be defined as the seed of all cereals, saccharin and non-saccharin sorghums, grasses used for hay, forage, or lawn; all legumes including peanuts, cotton, broomcorn, rape and other forage crops; stock beets and sugar beets; the tubers or plants of Irish potatoes, sweet potatoes, cabbage, tomatoes and onions and all other field crops which are now grown or may be hereafter grown in the State of Oklahoma.

3.         The term “blending” as used in these Regulations shall be defined as the mixing of seeds from various lots, as authorized by these Regulations.

 4.        The term “certified seed conditioner” as used in these Regulations shall be defined to mean any person, firm or corporation, authorized under the provisions of these Regulations, to engage in the business of conditioning agricultural seeds, as defined in Section 1 of the Article.

5.         The term “Association” as used in these Regulations, shall be defined to mean the Oklahoma Crop Improvement Association.

ARTICLE II – Authorization to engage in business as a certified seed conditioner.

            No person, firm or corporation shall engage in business as a certified seed conditioner within the State of Oklahoma , except upon compliance with the provisions of these Regulations.

ARTICLE III – Requirements for qualification as certified seed conditioner.

1.         Any person, firm or corporation desiring to become an approved certified seed conditioner shall submit one application per conditioning unit to the Oklahoma Crop Improvement Association no later than April 15 of the calendar year in which such approval is sought.  The type of crops intended to be conditioned must be specified in each application.  Each application must be accompanied by an annual fee of seventy five dollars ($75.00).

2.         Before any person, firm or corporation is approved as a certified seed conditioner it must be determined that he or it is in good standing with existing state and federal seed control agencies.

3.         Before any person, firm or corporation is approved as a certified seed conditioner, satisfactory proof shall be made that his or its conditioning plant is provided with the following minimum equipment:

(a)       A cleaner equipped with not less than two and preferably four separate screens for a single cleaning operation.  Such cleaners must be equipped with traveling brushes beneath the screens, variable air blast and/or vacuum pick-up.

(b)       Intakes to bins must be such that they can be completely blocked off during the period the bin contains certified seed.  All bins in which certified seed is to be stored must be so located that there will be no possible source of contamination from above.

(c)       All parts, elevator heads, elevating equipment, spoutings, and elevator castings must be such that they can be thoroughly cleaned.  The elevator head must have an inspection plate or be such that it may be removed for thorough cleaning and inspection.  All elevator cups must be separated from elevator belts by a washer of at least ¼ inch in thickness for ease of cleaning.

(d)       If a sacking bin is used, it must be so constructed and equipped that it can be thoroughly and completely cleaned.

(e)       Plants requesting approval for the cleaning of small seeded legumes and grasses must be equipped with additional special equipment necessary to clean seed to certification standards in addition to the equipment mentioned above.

(f)        It is required that the plant be equipped with a seed treater for purposes of disinfecting planting seed.

(g)       Plants requesting approval must be equipped with an industrial type vacuum cleaner and blower in order to thoroughly clean all equipment prior to the processing of a lot of certified seed.

(h)       All cleaners, bins, floors, augers, and other equipment where certified seed is handled must be so constructed and arranged that they can be easily cleaned prior to cleaning of certified seed.

(i)         All certified seed conditioned by an approved conditioner must be packaged in new bags.

4.         Each application to become an approved certified seed conditioner shall cover only one conditioning plant.  Any person, firm or corporation owning more than one conditioning plant must submit a separate application for each plant in which certified seed will be conditioned.

5.         The identity of all certified seed must be maintained at all times.  All storage facilities whether bins, boxes, bags, or other containers must be identified with crop, variety, certification class, lot number, and source of seed.

ARTICLE IV – Inspections

            The Oklahoma Crop Improvement Association shall have the right to inspect any plant of any certified seed conditioner, as herein defined, during the conditioning of any lot of seed.  At the request of the Association, the conditioner shall notify said Association two days in advance of the date conditioning of any particular lot of seed will begin.

ARTICLE V – Conditioning fees   

The conditioner shall pay to the Oklahoma Crop Improvement Association an annual, per unit fee of seventy five dollars ($75.00) for “Oklahoma Certified Seed” or “Interstate Certified Seed.” No additional per pound or per bushel conditioning fee will apply.  Certified seed tags will be furnished to the conditioner by the Oklahoma Crop Improvement Association at a nominal cost.

ARTICLE VI – Classes of seed permitted for conditioning

            Conditioning shall be confined to the Registered and Certified classes of seed.

ARTICLE VII -- Oklahoma Crop Improvement Association Representative

In each plant approved for the conditioning of certified seed, some competent person in the plant who actually supervises the conditioning operation shall be assigned the responsibility of faithfully complying with the provisions of these Regulations and with the regulations of any written agreement entered into be and between the conditioner and the Oklahoma Crop Improvement Association relative to the conditioning of certified seed.

ARTICLE VIII – Records

Conditioners shall maintain a complete and separate system of records which shall show all details in the purchase of certified classes of seed.  These records shall include all grower tags removed from bags of seed, copies of receiving, cleaning, conditioning, transfer, and bulking records showing the varietal name of the seed, weight of seed in each component lot, the weight of the recleaned seed, the weight of screenings when appropriate, and the lot numbers assigned by the conditioner to the bulked conditioned lots, and the conditioned certified seed label registered lot number assigned to the lot of conditioned seed.

ARTICLE IX – Reports

Certified seed conditioners, as herein defined, shall make reports to the Oklahoma Crop Improvement Association, on the appropriate forms provided by the Association, in the manner and detail, and at the times prescribed by the Association.  Growers certification labels, PVP Form shall be mailed to the Association with the report of certified seed conditioned.  The certified seed labels received on the bags of seed shall remain attached to the bags of Oklahoma Certified seed until the seed is ready for conditioning.

ARTICLE X – Bulk deliveries

Certifiable seed delivered from an Oklahoma grower to an Oklahoma Approved Conditioner of Certified Seed under the direct supervision of the grower may be delivered in bulk.  In such bulk deliveries, the conditioner shall secure from the grower the official PVP Form  as indication of the field’s passing certification requirements.  A copy of the certificates signed by the grower shall be forwarded by the conditioner along with the cleaning and receiving reports for seed received.  If not conditioned and bagged immediately, such bulk delivered seed shall be stored in thoroughly cleaned bins and all intake and discharge openings to these bins shall be completely closed and doors sealed with metal seals.  Legs or chutes from cleaning equipment shall be blanked off with solid flanges to prevent any possible contamination prior to processing.  Bulk seed delivered in box cars shall be placed only in cars thoroughly cleaned and paper-lined, such cars to be sealed at point of origin and the seal must be unbroken at the time of receipt at the conditioning plant.  The procedure for handling bulk seed received at the conditioning plant in box cars shall be identical to procedure for handling any other seed received in bulk.  The grower shall not be expected to accompany seed delivered in sealed box cars.

ARTICLE XI – Bulk blending and retailing of certified small grain seed

The following regulations are in addition to those previously outlined for conditioning Oklahoma Certified Seeds and apply specifically to retailing certified seed of small grains in the bulk:

(a)       Seed must be kept separate as to lot until an analysis has been completed by the Oklahoma Crop Improvement Association.  If purity requirements are met, lots may be blended if desired.

(b)       A “PVP Form” shall be issued with each sale of seed.  The certificate shall be made out in triplicate; one copy shall be issued to the purchaser, one kept for the dealer’s files and one sent to the Oklahoma Crop Improvement Association.

(c)       A “Vendors Statement of Analysis” shall be issued with each certificate.

(d)       Sales of bulk small grain seeds shall be limited to the certified class only.

(e)       Bulk sales of certified small grain seed shall be made to consumers for their own use in planting, and not for resale.

ARTICLE XII – Issuing of Oklahoma Crop Improvement Association Labels

The conditioner shall request certified seed labels from the Oklahoma Crop Improvement Association, for each lot of certified seed purchased for conditioning.  Only one label will be issued for each bag of seed when requested.  The designated representative of the Oklahoma Crop Improvement Association, as herein before defined, shall account for the disposition of all such labels.

ARTICLE XIII – Referee samples

1.         The conditioner shall draw a representative sample from each lot of seed received prior to the unloading of the seed or as the seed is being unloaded into the conditioning plant.  Such referee samples shall be properly tagged for positive identification with the conditioner’s receiving lot number, the grower’s name and address, the kind and variety of seed.  The sample shall be forwarded promptly to the Oklahoma Crop Improvement Association of Stillwater, Oklahoma.  After conditioning the seed, another representative sample of the conditioned lot of seed shall be drawn, properly tagged for positive identification with the conditioner’s lot number and forwarded to the Oklahoma Crop Improvement Association.

2.         Each referee sample of corn, sorghum, cotton, wheat, oats, barley, rye, soybeans, cowpeas, mungbeans, vetch, broomcorn, sudan , or peanuts shall consist of two pounds of seed.  Each referee sample of alfalfa, sweet clover, flax, lespedeza, bromegrass or ryegrass shall consist of one pound of seed.  Each referee sample of weeping lovegrass, sand lovegrass, crabgrass or other grass seed of similar size shall consist of one-half pound of seed.  Each referee sample of watermelons or cantaloupes shall consist of four ounces of seed.

ARTICLE XIV – Violations – Enforcement Committee

1.         Any and all alleged violations of the provisions in these Regulations contained, or any amendments thereto hereafter adopted and promulgated, shall be reported to the Enforcement Committee.

2.         Such Enforcement Committee shall be composed of three directors of the Oklahoma Crop Improvement Association and three members of the Oklahoma Seedsmen’s Association.  A seventh member, appointed by the enforcement Committee, shall not necessarily be a director or member of either of such Associations.  The respective Presidents shall also designate the directors and members of the respective Associations who shall serve as members of such Enforcement Committee.

ARTICLE XV – Powers of Enforcement Committee

            The Enforcement Committee shall inquire into any and all alleged violations of the provisions of these Regulations, make investigations, take testimony of witnesses, hold hearings, and do all things necessary or convenient to determine the merits of any complaint of alleged violation ledged before it.   After full and complete hearing, in which the alleged violator shall have an opportunity to appear to be heard, and to produce any evidence he or it may desire, such Enforcement Committee shall thereupon, by a majority vote of the full Committee, take such action in the premises as it deems just and proper, within the limitations of the laws of the State of Oklahoma, and conformable to the provisions of Regulations or any Amendments thereto hereafter adopted and promulgated.