(a) Alfalfa.
  (1) The region of adaptation for seed production of a given variety shall be that recommended by the originating plant breeder. This shall meet the requirements of the National Certified Alfalfa Variety Review Board. When a variety is grown within its designated region of adaptation, certification is limited to a maximum of three generations from breeders seed. The three generations are foundation, registered, certified, i.e., breeder seed to foundation seed; foundation seed to registered seed; registered seed to certified seed.
  (2) When a variety is grown outside its designated region of adaptation, certification is limited to one generation from foundation or registered seed, i.e., foundation to certified or registered to certified.
  (3) The certified class is limited to seed crops produced from the same stand, not to exceed a six-year period, beginning with the year in which the crop is first seeded. Application must be made each year whether seed production is intended or not, if certification is desired in a later year.
(b) Arrowleaf clover. Seed produced from a new field stand acceptable for the foundation class is eligible for foundation labels. Seed produced from a new field stand planted with foundation seed is eligible for registered labels. Seed from the first volunteer stand will also be eligible for the registered class. The second year volunteer stand and subsequent volunteer stands will be eligible for the certified class. Seed produced from new field stands planted with foundation or registered seed is eligible for certified labels. The second year volunteer stand and subsequent volunteer stands will be eligible for the certified class.
(c) Grasses. Bluestems: (Big, Caucasian, Little, Sand, Turkestan, and Yellow); Kleingrass; Gramas: (Blue and Side-oats); Buffelgrass; Hardinggrass; Yellow Indiangrass; Lovegrass; Switchgrass; Alkali Sacaton; Laurisagrass; Bahiagrass; Guineagrass.
  (1) Production of foundation seed is limited to three consecutive years from planting of breeder seed.
  (2) Production of registered seed is limited to:
    (A) four consecutive years from planting of foundation seed; and
    (B) one year from foundation seed production stand immediately following the calendar year of foundation seed production.
  (3) Production of the certified class of seed is limited to:
    (A) five consecutive years from planting of foundation seed or registered seed; and
    (B) two consecutive years from a foundation seed production stand or one year from a registered seed production stand immediately following the calendar year of the foundation or registered seed production.
  (4) All seed crops harvested within a calendar year from the same stand are eligible for the same certification class as the first harvest of the calendar year.
  (5) Application for inspection must be made each year whether certified production is intended or not if certification is desired in a later year.
(d) Rhodesgrass.
  (1) Production of foundation seed is limited to one calendar year.
  (2) Production of the certified class is limited to two consecutive years from foundation seed or two consecutive calendar years from a foundation seed production stand immediately following the calendar year of the foundation seed production.
  (3) When a fall planting does not produce a mature seed crop during the same calendar year of planting, then the first calendar year of seed certification shall be considered the year immediately following the fall planting.
  (4) All seed crops harvested within a calendar year from the same stand are eligible for the same certification class as the first harvest of the calendar year.
  (5) Application for inspection must be made each year whether certified seed production is intended or not if certification is desired in a later year.
(e) Sorghum. When perennial types, such as perennial sorgrass, are being produced, only one year of registered seed may be produced from a field planted with foundation seed. Only one year of certified seed may be produced from a field planted with registered seed.

Source Note: The provisions of this §10.16 adopted to be effective September 2, 1996, 21 TexReg 7955.