(a) Eligibility Requirements. Only forbs, grasses and shrubs that are native to and produced in Texas are eligible for certification. These standards address seed, seedlings, or other propagating materials of species, selections, clones, or intraspecific hybrids, which have not been released as a variety.
(b) Definitions. In addition to the definitions found at §10.1 of this title (relating to Definitions), the following words and terms when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Generation 1--The progeny of a Selected Texas Native Germplasm selection;
  (2) Generation 2--The progeny of a Selected Texas Native Germplasm Generation 1.
  (3) Generation 3--The progeny of a Selected Texas Native Germplasm Generation 1 or Generation 2.
  (4) Generation 4--The progeny of a Selected Texas Native Germplasm Generation 1, Generation 2, or Generation 3.
  (5) Generation 5--The progeny of a Selected Texas Native Germplasm Selected Native Germplasm Generation 1, Generation 2, Generation 3, or Generation 4.
  (6) Generation 6--The progeny of a Selected Texas Native Germplasm Generation 1, Generation 2, Generation 3, Generation 4, or Generation 5.
  (7) Generation 7--The progeny of a Selected Texas Germplasm Generation 1, Generation 2, Generation 3, Generation 4, Generation 5 or Generation 6.
  (8) Selected Texas Native Germplasm (green label)--Seed, seedlings, or other propagating materials from untested parentage of rigidly selected Texas native plant stands that have promise, but not proof, of genetic superiority.
  (9) Source Identified Texas Native Germplasm (yellow label)--Seed, seedlings, or other propagating materials collected from native plant stands in Texas, where no selection or testing of the parent population has been made.
(c) Designation of Classes of Seed. For the purposes of this subchapter, Selected Texas Native Germplasm and Source Identified Texas Native Germplasm are eligible for certification. The classes are:
  (1) Source Identified Texas Native Germplasm;
  (2) Generation 1;
  (3) Generation 2;
  (4) Generation 3;
  (5) Generation 4;
  (6) Generation 5;
  (7) Generation 6;
  (8) Generation 7.
(d) Field Standards.
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(e) Seed Standards. The seed must meet the requirements of §10.9 of this title (relating to Seed Testing).
(f) Label requirements.
  (1) The Selected Texas Native Germplasm certification label shall include the following information:
    (A) producer's name and address or code designation;
    (B) genus and species (and subspecies, if appropriate);
    (C) lot number;
    (D) generation,
    (E) net weight.
  (2) The Source Identified Texas Native Germplasm label shall include the following information:
    (A) producer's name and address or code designation;
    (B) genus and species (and subspecies, if appropriate);
    (C) lot number;
    (D) net weight.
  (3) In addition to the requirements of the Texas Agriculture Code §61.004, an analysis tag or label is required on each certified seed container and must contain the following additional information:
    (A) scientific name of the genus and species (and subspecies, if appropriate);
    (B) geographic collection site (location of collection-state and county or other acceptable geographic zone within the state).
  (4) Treated seed. Treated seed must meet the requirements adopted in §9.10 of this title (relating to Treated Seed).
  (5) Specific requirements.
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(g) Application and Fees for Field Inspection.
  (1) Application and inspection fees, as shown in Table I of §10.13 of this title (relating to Inspection fees for Certification) , are required to be paid at the time of application.
  (2) Filing of applications. In addition to the requirements of §10.15 of this title (relating to Genetic Seed Certification Standards), all applications for inspection must be filed with the department at least 30 days prior to flowering.
  (3) Field inspections.
    (A) At least one official inspection must be completed during the growing season at a time when it is possible to identify any other perennial grasses and/or strains of noxious weeds.
    (B) After the initial inspection, subsequent inspections are required only in years in which certified seed production is planned, provided that subsequent inspections shall not be more than five years apart.
    (C) Additional inspections may be performed at the discretion of the department at any time during seed collection and cleaning without prior notice.

Source Note: The provisions of this §10.31 adopted to be effective August 9, 2006, 31 TexReg 6203