(a) Each field entered for certification shall receive at least two inspections. At the discretion of the department additional inspections may be conducted on any field. Each inspection shall consist of a visual examination of the growing plants in each field. At least 100 plants per acre shall be counted on the first and second inspections to determine disease percentages. When individual seed lots consist of less than 10 acres, at least 1000 plants or 100% of the lot shall be counted. Additional inspections shall consist of a visual survey of plants that normally does not include a plant count unless a disease condition or other problem is discovered that requires a numerical estimate of affected plants. All disease diagnoses or problem identifications shall consist of visual examination of the plants in question, except in the case of latent viral infections, where a serological test such as ELISA may be used to supplement the visual inspection. In the case of bacterial ring rot caused by Clavibacter michiganensis subsp. Sepedonicus, the visual diagnosis shall be supplemented with the gram stain procedure as described by Glick, Ark, and Racicot in the American Potato Journal, Vol.21:311-14, 1944 and an appropriate laboratory serological test as outlined in the "Protocol for Indexing and Confirmation of Diagnosis of Bacterial Ring Rot of Potato" (accepted 12/99 by the NPC U.S. Seed Potato Certification Subcommittee). Inspections of at least 4600 plants or 100% of the lot shall be conducted during the time that bacterial ring rot symptoms, if expressed, should be visible. When seed lots are rejected prior to final field inspection for reasons other than bacterial ring rot, such lots may be re-inspected.
(b) Each storage building shall be inspected following completion of harvest and prior to removal of the certified seed potatoes to determine the suitability of the structure and bins to provide reasonable security against contamination and/or cultivar mixing. The applicant shall be responsible for proper disinfection of the storage building, bins and equipment utilized. Also, the applicant shall identify the location of each seed lot by means of a label attached to the storage bin. The label information shall include the applicant's name, seed lot number, cultivar, and number of hundredweight stored. In the event two or more seed lots are combined, the status of the entire lot shall be downgraded to the lowest generation and class concerned, and if a varietal mix has occurred, all seed lots which have been mixed shall be denied certification unless the varieties are capable of being visually separated and sorted to the satisfaction of the department.
(c) Any lot of seed potatoes proven infected with bacterial ring rot will be rejected for certification regardless of the time or place of inspection. An applicant who has any lot of potatoes rejected because of bacterial ring rot will have an asterisk (*) printed in front of his seed lot number(s) on certified labels and bulk certificates. Any seed lot with an asterisk (*) in its designation shall not be eligible for re-certification. However, any seed lot identified by an asterisk (*) may be replanted for certification the following year on the original applicant's farm.
(d) In the event a farming operation has more than one field planted from the same seed lot source and bacterial ring rot is discovered in at least one of the fields, the remaining fields (planted with the same seed source) will be automatically rejected unless the observed pattern of infected plants provides clear evidence that the cause of contamination was equipment used exclusively in connection with seed cutting, handling and/or planting the seed lot in question.
(e) Field inspection may be refused and seed lots rejected for certification if the field cannot be properly inspected due to:
  (1) excess weeds;
  (2) hail or frost damage;
  (3) damage caused by insects or disease;
  (4) chemical injury; or
  (5) any other condition that prevents visual identification of diseases or other factors affecting seed quality and performance. Any lot rejected due to hail or frost may be retained by the original applicant for re-certification on his farm for the following year, provided post harvest test requirements are met.
(f) Seed fields shall be marked in a manner that allows for the location of all lots.
(g) An applicant of a rejected field may appeal the decision of the department by making such appeal in writing to the State Seed and Plant Board. Such appeal must be received within one week following the inspection and must state clearly the reason for the appeal and show cause why a re-inspection should be given. Roguing or sorting will not be permitted between the time of rejection and the appeal.
(h) Fees.
  (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 §10.12 of this title (relating to Number and Time of Field Inspections), all applications for inspection must be filed with the department at least 30 days prior to flowering.

Source Note: The provisions of this §10.44 adopted to be effective November 7, 2006, 31 TexReg 8983