2 Firm ungerminated seeds frequently present. Rhizomatous derivatives of a johnsongrass x sorghum cross or a johnsongrass X sudangrass cross. [20 FR 7928, Oct. 21, 1955) EDITORIAL NOTE: For FEDERAL REGISTER citations affecting 201.58, see the List of CFR Sections Affected in the Finding Aids section of this volume. EXAMINATIONS IN THE ADMINISTRATION OF THE ACT § 201.58a Indistinguishable seed. When the identification of the kind, variety, or type of seed or determination that seed is hybrid is not possible by seed characteristics, identification may be based upon the seedling, growing plant, or mature plant characteristics according to such authentic information as is available. (a) Ryegrass. In determining the proportions of perennial and annual or Italian ryegrass seed, 400 seeds shall be grown on filter paper and the number of fluorescent seedlings determined under ultraviolet light at the end of the germination period. The percentages of pure ryegrass seed, normal fluorescent seedlings, and normal nonfluorescent seedlings shall be determined. The percentage of normal fluorescent seedlings or normal nonfluorescent seedlings is the number of each found in the test divided by the total number of seeds in the test. The results shall be applied as follows: (1) If the quotient obtained by dividing the number of normal fluorescent seedlings by the number of normal seedlings is greater than 75 percent, the following formula shall be used: Percent annual or Italian ryegrass=(% fluorescent seedlings >% pure ryegrass)/% germination The percentage of perennial ryegrass is determined by subtracting the percentage of annual or Italian ryegrass found from the percentage of pure ryegrass. (2) If the quotient referred to in paragraph (a)(1) of this section is 75 percent or less, the following formula shall be used: Percent perennial ryegrass=(1.0526×% nonfluorescent % pure ryegrass seedlings)/ % germination The percentage of annual or Italian ryegrass is determined by subtracting the percentage of perennial ryegrass found from the percentage of pure ryegrass. (3) Varieties of annual or perennial ryegrass having as a characteristic a percentage of fluorescence less than 100 percent for an annual variety or more than 5 percent for a perennial variety shall not be subjected to the formulas in paragraphs (a)(1) and (2) of this section for a determination as to kind. Varieties in commercial channels in the United States which are not subjected to the above formulas include but are not limited to the following: Ariki. Magnolia. (b) Sweetclover. In determining the percentage of yellow blossom sweetclover in a mixture of yellow and white blossom sweetclover, at least 400 seeds shall be examined to determine the percentage of mottled seed. The percentage of mottled seed shall be multiplied by four and this product multiplied by the percentage of sweetclover in the sample. The product shall be construed as representing the percentage of yellow blossom sweetclover. (c) Wheat. In determining the varietal purity, the phenol method may be used according to the procedure given in the Association of Official Seed Analysts, Handbook No. 28 "A Standardized Phenol Method for Testing Wheat Seed for Varietal Purity", June 1965. [5 FR 35, Jan. 4, 1940] EDITORIAL NOTE: For Federal Register citations affecting §201.58a, see the List of CFR Sections Affected in the Finding Aids section of this volume. § 201.58b Origin. The presence of incidental weed seeds, foreign matter, or any other existing circumstances shall be considered in determining the origin of seed. [5 FR 35, Jan. 4, 1940. Redesignated at 20 FR 7940, Oct. 21, 1955] § 201.58c Detection of captan, mercury, or thiram on seed. The bioassay method may be used according to the procedure given in Association of Official Seed Analysts, Handbook No. 26, "Microbiological Assay of Fungicide-treated Seeds". May 1964. [38 FR 12733, May 15, 1973] TOLERANCES § 201.59 Application. Tolerances shall be recognized between the percentages or rates of occurrence found by analysis, test, or examination in the administration of the act and percentages or rates of occurrence required or stated as required by the act. Tolerances for purity percentages and germination percentages provided for in §§ 201.60 and 201.63 shall be determined from the mean of (a) the results being compared, or (b) the result found by test and the figures shown on a label, or (c) the result found by test and a standard. All other tolerances, including tolerances for pure-live seed and fluorescence, and tolerances for purity based on 10 to 1,000 seeds, seedlings, or plants shall be determined from the result or results found in the administration of the Act. [5 FR 34, Jan. 4, 1940, as amended at 20 FR 7940, Oct. 21, 1955; 24 FR 3954, May 15, 1959; 35 FR 6108, Apr. 15, 1970] § 201.60 Purity percentages. (a)(1) The tolerance for a given percentage of the purity components is the same whether for pure seed, other crop seed, weed seed, or inert matter. Wider tolerances are provided when more than 33 percent of the sample is composed of seed plus empty florets and/or empty spikelets of the following chaffy kinds: Agropyron spp., Agrostis spp., Andropogon spp., bermudagrass, Bouteloua spp., Bromus spp., buffalograss, buffelgrass, carpetgrass, dallisgrass, Elymus spp., Festuca spp., green panicgrass, guineagrass, Indian ricegrass, meadow foxtail, molassesgrass, orchardgrass, Poa spp., rhodesgrass, sweet vernalgrass, tall oatgrass, vaseygrass, veldtgrass, velvetgrass, and yellow indiangrass. The wider tolerances do not apply to seed devoid of hulls. (2) To determine the tolerance for any purity percentage found in the administration of the act, the percentage found is averaged (i) with that claimed or shown on a label or (ii) with a specified standard. The tolerance is found from this average. If more than one test is made, all except any test obviously in error shall be averaged and H=average particle weight for the component with the heavier average particle weight. L-average particle weight for the component with the lighter average particle weight. R=ratio of the average particle weight for the component with the heavier average particle weight to the average particle weight for the component with the lighter average particle weight. R=H/L. T1=regular tolerance for the kind of seed (chaffy or nonchaffy) and for (100B)/ (B+A/R). In determining the values for A and B in the formula, the sample shall be regarded as composed of two parts: (1) The kind, type or variety under consideration and (2) all other components. Values for H and L shall be obtained from the last column of table 1, § 201.46, or by laboratory tests for inert matter, weed seeds, or crop seeds where such values are not obtainable from table 1. In computing tolerances for nonchaffy kinds the values for T1 are taken from column C of table 3, and for chaffy kinds the values for T1 are taken from column D of table 3. [26 FR 10036, Oct. 26, 1961] § 201.61 Fluorescence percentages in ryegrasses. Tolerances for 400-seed fluorescence tests shall be those set forth in the following table plus one-half the regular pure-seed tolerance determined in accordance with § 201.60. When only 200 seeds of a component in a mixture are tested, an additional 2 percent shall be added to the fluorescence tolerance. |