(a) Requirements for sale. The Foundation class of seed may not be sold in bulk. The Registered class of only small grains and rice and the Certified class of any crop kind may be sold in bulk provided the identity of the seed is carefully maintained and the seed is handled in a manner which prevents a mixture. All field and seed standards other than even weight bagging must be met prior to date of sale.
(b) Seller's responsibility. It is the seller's responsibility to:
  (1) handle seed in a manner to prevent mixtures and contamination;
  (2) supply seed that is representative of the seed tested and approved for certification;
  (3) insure that all bins, augers, conveyors, and other equipment are adequately cleaned before handling certified seed;
  (4) determine that the vehicle receiving bulk certified seed is clean;
  (5) keep a sample of each load of bulk certified seed sold; and
  (6) not accept any returned seed.
(c) Maintaining purity of seed. It is the buyer's responsibility to maintain purity of the seed after it has been loaded into the buyer's vehicle. Any unplanted seed cannot be returned to seller.
(d) Selling seed of the Certified class in bulk. A maximum of two sales and two physical seed transfers are allowed. Delivery may be made by the certified seed grower or a retail seed facility, licensed under §9.2 of this title (relating to Agricultural Seed), directly to the consumer. Applications must be made on forms obtained from the department.
  (1) The certified grower shall:
    (A) submit a completed application and copy of the "Report of Seed Analysis" from an approved laboratory to the department;
    (B) provide a completed and signed Bulk Sales Certificate, on a form approved by the department, to the buyer at delivery;
    (C) submit a copy of the Bulk Sales Certificate and a one-pound sample of each transaction to the Seed Quality Program in Giddings within 30 days of each transaction along with the following information:
      (i) weight of seed;
      (ii) date of transaction;
      (iii) buyer's name and address; and
      (iv) delivery point;
    (D) pay the necessary Bulk Sales Certificate fee ($0.16 per one hundred pounds, or fraction of one hundred pounds of seed, or $5.00, whichever is greater);
    (E) if delivery is made directly to the consumer, pay the necessary Agricultural Seed Inspection Fee as required in §9.2 of this title;
    (F) maintain the following records:
      (i) the amount of certified seed sold as bulk seed;
      (ii) copies of the Bulk Sales Certificate;
      (iii) a current inventory of seed of each variety available for sale.
  (2) The retail seed facility shall:
    (A) provide the consumer a completed Supplemental Bulk Certificate, on a form approved by the department, upon delivery;
    (B) provide the consumer with necessary label(s) printed with all of the analysis information required under VTCA, Agriculture Code, §61.004, (relating to labeling of Agricultural Seed);
    (C) submit a copy of the completed Supplemental Bulk Certificate to the Seed Quality Program in Giddings within 30 days of each transaction; and
    (D) maintain the following records:
      (i) the amount of certified seed sold as bulk seed;
      (ii) copies of the Bulk Sales Certificate;
      (iii) copies of the Supplemental Bulk Certificate; and
      (iv) a current inventory of seed of each variety available for sale.
(e) Selling seed of the Registered class in bulk. A maximum of two sales with a maximum of one delivery are allowed. The delivery is to be made by the certified seed grower directly to the consumer. The certified seed grower shall comply with the requirements of subsection (d)(1) of this section and maintain the following records:
  (1) the amount of certified seed sold as bulk seed;
  (2) copies of the Bulk Sales Certificate; and
  (3) a current inventory of seed of each variety available for sale.

Source Note: The provisions of this §10.11 adopted to be effective September 12, 2007, 32 TexReg 5653; amended to be effective September 1, 2011, 36 TexReg 5348; amended to be effective January 1, 2016, 40 TexReg 9619