[Code of Federal Regulations]

[Title 7, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR201.48]



[Page 336-337]

 

                          TITLE 7--AGRICULTURE

 

 CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, 

       MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)

 

PART 201_FEDERAL SEED ACT REGULATIONS--Table of Contents

 

Sec. 201.48  Kind or variety considered pure seed.



    The pure seed shall include all seeds of each kind or each kind and 

variety under consideration present in excess of 5 percent of the whole. 

Seeds of kinds or kinds and varieties present to the extent of 5 percent 

or less of the whole may be considered pure seed if shown on the label 

as components of a mixture in amounts of 5 percent or less. The 

following shall be included with the pure seed:

    (a) Immature or shriveled seeds and seeds that are cracked or 

injured. For seeds of legumes (Leguminosae) and crucifers (Cruciferae) 

with the seed coats entirely removed refer to Sec. 201.51(a)(1);

    (b) Pieces of seeds which are larger than one-half of the original 

size. For separated cotyledons of legume seeds refer to Sec. 

201.51(a)(2);

    (c) Insect-damaged seeds, provided that the damage is entirely 

internal, or that the opening in the seed coat is not sufficiently large 

so as to allow the size of the remaining mass of tissue to be readily 

determined. Weevil-infested vetch seeds, irrespective of the amount of 

insect damage, are to be considered pure seed, unless they are broken 

pieces one-half or less than the original size. For classification of 

broken pieces of seed units one-half or less than the original size, 

refer to Sec. 201.51(a)(2). Refer to Sec. 201.51(a)(3) for chalcid-

damaged seeds;

    (d) Seeds that have started to germinate;

    (e) Seeds of the cucurbit family (Cucurbitaceae) and the nightshade 

family (Solanaceae) whether they are filled or empty;

    (f) Intact fruits, whether or not they contain seed, of species 

belonging to the following families: Sunflower (Compositae), buckwheat 

(Polygonaceae), carrot (Umbelliferae), valerian (Valerianaceae), mint 

(Labiatae) and other families in which the seed unit may be a dry, 

indehiscent one-seeded fruit. For visibly empty fruits, refer to inert 

matter, Sec. 201.51(a)(6);

    (g) Seed units of the grass family listed in Sec. 201.47a(b) (1) 

through (5) if a caryopsis with some degree of endosperm development can 

be detected in the units, either by slight pressure or by examination 

over light. Species in which determination of endosperm development is 

not necessary are listed in paragraphs (g) (1) and (2) of this section. 

Refer to Sec. Sec. 201.48(h) and 201.51(a)(5) when nematode galls and 

fungal bodies have replaced the caryopsis in seed units. The



[[Page 337]]



following procedures apply to determine pure seed in the grass families 

listed below:

    (1) Intact burs of buffalograss (Buchloe dactyloides) shall be 

considered pure seed whether or not a caryopsis is present. Refer to 

Sec. 201.51(a)(6) for burs which are visibly empty.

    (2) The Uniform Blowing Procedure described in Sec. 201.51a(a) 

shall be used to determine classification of florets into pure seed or 

inert matter for Kentucky bluegrass, Canada bluegrass, rough bluegrass, 

Pensacola variety of bahiagrass, side-oats grama, blue grama, and 

orchardgrass.

    (3) Special purity procedures for smooth brome, chewings fescue, red 

fescue, orchardgrass, fairway crested wheatgrass, standard crested 

wheatgrass, intermediate wheatgrass, pubescent wheatgrass, tall 

wheatgrass, and western wheatgrass are listed in Sec. 201.51a(b).

    (4) For methods of determining pure seed percentages of annual and 

perennial ryegrass, refer to Sec. Sec. 201.58(b)(10) and 201.58a(a).

    (h) Seed units with nematode galls, fungal bodies (i.e. ergot, other 

sclerotia, and smut) and spongy or corky caryopses that are entirely 

enclosed within the seed unit. Refer to Sec. 201.51(c)(1) for inert 

matter classification.

    (i) Seed units of beet and other Chenopodiaceae, and New Zealand 

spinach. Refer to Sec. 201.47a(g) and Sec. 201.51(a)(6) for 

definitions of seed units and inert matter, respectively.

    (j) Seed units of forage kochia that are retained on a 1 mm opening 

square-hole sieve, when shaken for 30 seconds. For inert matter, refer 

to Sec. 201.51(a)(7).



[46 FR 53636, Oct. 29, 1981, as amended at 59 FR 64497, Dec. 14, 1994]