(a) Distribution of seed represented as being of a certified class before the commodity standards and general requirements have been met, shall be grounds for cancellation of the applicant's eligibility and shall be cause for recall of all certification labels issued to the applicant.
(b) Forms for ordering certification labels are available from the Seed Quality Program.
(c) Unless otherwise specified, all classes of certified seed offered for sale must be sacked in new, clean, even weight containers. The certification label must be affixed to each container in such a way as to prevent easy removal and reattachment. The use of a minimum of two staples of heavy enough quality to cause the label to be torn or obviously mutilated when removed, is considered as one acceptable method of attachment.
(d) All classes of certified seed, when offered for sale, shall have an official certification label affixed to each container clearly identifying the certifying agency, the reference number, the variety name, and the kind and class of seed. All classes of certified seed offered for sale shall bear the proper certification label issued by the Seed Quality Program. Such labels shall bear the state seal. Unless the specific standard provides for an additional label color, the labels shall be printed as follows:
  (1) foundation label on a background of white;
  (2) registered label on a background of purple; or
  (3) certified label on a background of blue.
(e) Reuse of any class of certified label shall be considered in direct conflict with the provisions of the law and regulations.
(f) All inspection fees and other fees due must be paid in full prior to the issuance of certification labels.
(g) Carryover seed shall bear the certification label of the year of production.
(h) It is the responsibility of the certified seed grower (applicant) for proper use of all certification labels.
(i) The cost of certification labels shall be $0.16 each or $5.00 per total label order, whichever is greater, or $0.16 for each 100 pounds or fraction of 100 pounds of seed, or $5.00, whichever is greater. The type of labels available are:
  (1) foundation, registered, and certified labels;
  (2) Organization for Economic Cooperation and Development (OECD) certified labels,
  (3) pressure sensitive labels;
  (4) gum labels.

Source Note: The provisions of this §10.10 adopted to be effective September 2, 1996, 21 TexReg 7955; amended to be effective February 28, 2002 27 TexReg 1316; amended to be effective September 1, 2003, 28 TexReg 7346; amended to be effective September 1, 2011, 36 TexReg 5348; amended to be effective January 1, 2016, 40 TexReg 9619