Needlegrass, green-Stipa viridula Trin. Oat-Avena byzantina C. Koch, A. sativa L., A. nuda L. Oatgrass, tall-Arrhenatherum elatius (L.) J.S. Presl and K.B. Presl Orchardgrass-Dactylis glomerata L. Poa trivialis (see Bluegrass, rough) Rape, annual-Brassica napus L. var. annua Rape, bird-Brassica rapa L. subsp. rapa turnip Brassica rapa L. subsp. silvestris (Lam.) Janchen Rape, winter-Brassica napus L. var. biennis (Schubl. and Mart.) Reichb. Redtop-Agrostis gigantea Roth Rescuegrass-Bromus catharticus Vahl Rhodesgrass Chloris gayana Kunth Rice Oryza sativa L. Ricegrass, Indian-Oryzopsis (Roem. and Schult.) Ricker Roughpea-Lathyrus hirsutus L. Rye Secale cereale L. hymenoides Rye, mountain-Secale strictum (K.B. Presl) K.B. Presl subsp. strictum Ryegrass, annual or multiflorum Lam. Italian-Lolium Ryegrass, intermediate-Lolium x hybridum Ryegrass, perennial-Lolium perenne L. Sagewort, Louisiana-Artemisia ludoviciana Sainfoin-Onobrychis viciifolia Scop. Saltbush, fourwing-Atriplex canescens (Pursh) Nutt. Sweet vernalgrass-Anthoxanthum odoratum L. Sweetvetch, Nutt. northern-Hedysarum Switchgrass-Panicum virgatum L. Timothy, turf-Phleum bertolonii DC. boreale Trefoil, big-Lotus uliginosus Schk. Vaseygrass-Paspalum urvillei Steud. Veldtgrass-Ehrharta calycina J.E. Smith Velvetbean-Mucuna pruriens (L.) DC. var. utilis (Wight) Burck Velvetgrass-Holcus lanatus L. Vetch, common-Vicia sativa L. subsp. sativa Vetch, purple-Vicia benghalensis L. spicata (Pursh) A. Love Wheatgrass, crested or fairway crestedAgropyron cristatum (L.) Gaertn. Zoysia japonica-(see Japanese lawngrass) Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture. APHIS inspector. Any employee of the Animal and Plant Health Inspection Service or any other individual authorized by the Administrator to enforce this part. Coated Seed. Any seed unit covered with any substance that changes the size, shape, or weight of the original seed. Seeds coated with ingredients such as, but not limited to, rhizobia, dyes, and pesticides are excluded. Declaration. A written statement of a grower, shipper, processor, dealer, or importer giving for any lot of seed the kind, variety, type, origin, or the use for which the seed is intended. Hybrid. When applied to kinds or varieties of seed means the first generation seed of a cross produced by controlling the pollination and by combining two or more inbred lines; one inbred or a single cross with an open-pollinated variety; or two selected clones, seed lines, varieties, or species. "Controlling the pollination" means to use a method of hybridization that will produce pure seed that is at least 75 percent hybrid seed. Hybrid designations shall be treated as variety names. Import/importation. To bring into the territorial limits of the United States. Kind. One or more related species or subspecies that singly or collectively is known by one common name, e.g., soybean, flax, or carrot. Lot of seed. A definite quantity of seed identified by a lot number, every portion or bag of which is uniform, within permitted tolerances, for the factors that appear in the labeling. Mixture. Seeds consisting of more than one kind or variety, each present in excess of 5 percent of the whole. Official seed laboratory. An official laboratory member of the Association of Official Seed Analysts. Pelleted seed. Any seed unit covered with a substance that changes the size, shape, or weight of the original seed in order to improve the plantability or singulation of the seed. Person. Any individual, partnership, corporation, company, society, association, receiver, trustee, or other legal entity or organized group. Port of first arrival. The land area (such as a seaport, airport, or land border station) where a person, or a land, water, or air vehicle, first arrives after entering the territorial limits of the United States, and where inspection of articles is carried out by APHIS inspectors. Registered seed technologist. A registered member of the Society of Commercial Seed Technologists. Screenings. Chaff, sterile florets, immature seed, weed seed, inert matter, and any other materials removed in any way from any seeds in any kind of cleaning or processing and which contains less than 25 percent of live agricultural or vegetable seeds. State. Any State, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and any other territory or possession of the United States. United States. All of the States. Variety. A subdivision of a kind which is characterized by growth, plant, fruit, seed, or other characteristics by which it can be differentiated from other sorts of the same kind. Vegetable seed. The seed of the following kinds and varieties that are or may be grown in gardens or on truck farms and are or may be generally known and sold under the name of vegetable seed: Artichoke Cynara cardunculus L. subsp. cardunculus Asparagus-Asparagus officinalis Baker Asparagusbean or yard-long bean-Vigna unguiculata (L.) Walp. subsp. sesquipedalis (L.) Verdc. Bean, garden-Phaseolus vulgaris L. rd, Swiss-Beta vulgaris L. subsp. cicla ..) Koch cory-Cichorium intybus L. ves-Allium schoenoprasum L. ron-Citrullus lanatus (Thunb.) Matsum. nd Nakai var. citroides (Bailey) Mansf. lards Brassica oleracea L. var. acephala C. n, sweet-Zea mays L. nsalad-Valerianella locusta (L.) Laterrade wpea-Vigna unguiculata (L.) Walp. subsp. nguiculata ess, garden-Lepidium sativum L. ess, upland-Barbarea verna (Mill.) Asch. ess, water-Rorippa nasturtium-aquaticum L.) Hayek cumber-Cucumis sativus L. ndelion—Taraxacum officinale Wigg. 1—Anethum graveolens L. 439 Savory, summer-Satureja hortensis L. Sorrel-Rumex acetosa L. Southernpea-(see Cowpea). Soybean-Glycine max (L.) Merr. Spinach-Spinacia oleracea L. tetragonioides (Pall.) Ktze. Squash-Cucurbita pepo L., C. moschata lanatus Matsum. and Nakai var. lanatus (Thunb.) §361.2 General restrictions on the importation of seed and screenings. (a) No person shall import any agricultural seed, vegetable seed, or screenings into the United States unless the importation is in compliance with this part. (b) Any agricultural seed, vegetable seed, or screenings imported into the United States not in compliance with this part shall be subject to exportation, destruction, disposal, or any remedial measures that the Administrator determines are necessary to prevent the dissemination into the United States of noxious weeds. (c) Except as provided in §361.7(b), coated or pelleted seed may enter the United States only if each lot of seed is accompanied by an officially drawn and sealed sample of seed drawn from the lot before the seed was coated or pelleted. The sample must be drawn in a manner consistent with that described in § 361.5 of this part. (d) Except as provided in §§ 361.4(a)(3) and 361.7(c), screenings of all agricultural seed and vegetable seed are prohibited entry into the United States. §361.3 Declarations and labeling. (a) All lots of agricultural seed, vegetable seed, and screenings imported into the United States must be accompanied by a declaration from the importer of the seed or screenings. The declaration must state the kind, variety, and origin of each lot of seed or screenings and the use for which the seed or screenings are being imported. (b) Each container of agricultural seed and vegetable seed imported into the United States for seeding (planting) purposes must be labeled to indicate the identification code or designation for the lot of seed; the name of each kind or kind and variety of agricultural seed or the name of each kind and variety of vegetable seed present in the lot in excess of 5 percent of the whole; and the designation "hybrid" when the lot contains hybrid seed. Kind and variety names used on the label shall conform to the kind and variety names used in the definitions of "agricultural seed" and "vegetable seed" in §361.1. If any seed in the lot has been treated, each container must be further labeled, in type no smaller than 8 point, as follows: (1) The label must indicate that the seed has been treated and provide the name of the substance or process used to treat the seed. Substance names used on the label shall be the commonly accepted coined, chemical (generic), or abbreviated chemical name. (i) Commonly accepted coined names are commonly recognized as names of particular substances, thiram, e.g., captan, lindane, and dichlone. (ii) Examples of commonly accepted chemical (generic) names are bluestone, calcium carbonate, oxide, zinc cuprous hydroxide, hexachlorobenzene, and ethyl mercury acetate. The terms "mercury” or "mercurial" may be used in labeling all types of mercurials. (iii) Examples of commonly accepted abbreviated chemical names are BHC (1,2,3,4,5,6-Hexachlorocyclohexane) and DDT (dichloro diphenyl trichloroethane). (2) If the seed has been treated with a mercurial or similarly toxic substance harmful to humans and vertebrate animals, the label must include a representation of a skull and crossbones and a statement indicating that the seed has been treated with poison. The skull and crossbones must (3) If the seed has been treated with a substance other than one classified as a mercurial or similarly toxic substance under paragraph (b)(2) of this section, and the amount remaining with the seed is harmful to humans or other vertebrate animals, the label must indicate that the seed is not to be used for food, feed, or oil purposes. Any amount of any substance used to treat the seed that remains with the seed will be considered harmful when the seed is in containers of more than 4 ounces, except that the following substances will not be deemed harmful when present at a rate less than the number of parts per million (p/m) indicated: Allethrin-2 p/m Malathion-8 p/m Methoxyclor-2 p/m Piperonyl butoxide-20 p/m (8 p/m on oat and sorghum) Pyrethrins-3 p/m (1 p/m on oat and sorghum) (c) In the case of seed in bulk, the information required under paragraph (b) of this section shall appear in the invoice or other records accompanying and pertaining to such seed. If the seed is in containers and in quantities of 20,000 pounds or more, regardless of the number of lots included, the information required on each container under paragraph (b) of this section need not be shown on each container if each container has stenciled upon it or bears a label containing a lot designation and the invoice or other records accompanying and pertaining to such seed bear the various statements required for the respective seeds. (d) Each container of agricultural seed and vegetable seed imported into the United States for cleaning need not be labeled to show the information required under paragraph (b) of this section if: (1) The seed is in bulk; (2) The seed is in containers and in quantities of 20,000 pounds or more, regardless of the number of lots involved, and the invoice or other records accompanying and pertaining to the seed show that the seed is for cleaning; or (3) The seed is in containers and in quantities of less than 20,000 pounds, and each container carries a label that bears the words "Seed for cleaning." §361.4 Inspection at the port of first arrival. (a) All agricultural seed, vegetable seed, and screenings imported into the United States shall be made available for examination by an APHIS inspector at the port of first arrival and shall remain at the port of first arrival until released by an APHIS inspector. Lots of agricultural seed, vegetable seed, or screenings may enter the United States without meeting the sampling requirements of paragraph (b) of this section if the lot is: (1) Seed that is not being imported for seeding (planting) purposes and the declaration required by § 361.3(a) states the purpose for which the seed is being imported; (2) Seed that is being shipped in bond through the United States; (3) Screenings from seeds of wheat, oats, barley, rye, buckwheat, field corn, sorghum, broomcorn, flax, millet, proso, soybeans, cowpeas, field peas, or field beans that are not being imported for seeding (planting) purposes and the declaration accompanying the screenings as required under §361.2(a) indicates that the screenings are being imported for processing or manufacturing purposes; (4) Seed that is being imported for sowing for experimental or breeding purposes, is not for sale, is limited in quantity to the amount indicated in column 3 of table 1 of §361.5, and is accompanied by a declaration stating the purpose for which it is being imported (seed imported for increase purposes only will not be considered as being imported for experimental or breeding purposes); or (5) Seed that was grown in the United States, exported, and is now returning to the United States, provided that the person importing the seed into the United States furnishes APHIS with the following documentation: (1) Export documents indicating the quantity of seed and number of containers, the date of exportation from the United States, the distinguishing marks on the containers at the time of exportation, and the name and address of the United States exporter; (ii) A document issued by a Customs or other government official of the country to which the seed was exported indicating that the seed was not admitted into the commerce of that country; and (iii) A document issued by a Customs or other government official of the country to which the seed was exported indicating that the seed was not commingled with other seed after being exported to that country. (b) Except as provided in §§ 361.5(a)(2) and 361.7, samples will be taken from all agricultural seed and vegetable seed imported into the United States for seeding (planting) purposes prior to being released into the commerce of the United States. (1) Samples of seed will be taken from each lot of seed in accordance with §361.5 to determine whether any seeds of noxious weeds listed in § 361.6(a) are present. If seeds of noxious weeds are present at a level higher than the tolerances set forth in § 361.6(b), the lot of seed will be deemed to be adulterated and will be rejected for entry into the United States for seeding (planting) purposes. Once deemed adulterated, the lot of seed must be: (i) Exported from the United States; (ii) Destroyed under the monitoring of an APHIS inspector; (iii) Cleaned under APHIS monitoring at a seed-cleaning facility that |